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M. Reza Saputra
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Siyasah Dusturiyah: State Law Review
Published by Yayasan Cerdas Pedia Indonesia
ISSN : -     EISSN : 31099726     DOI : https://doi.org/10.65101
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Siyasah Dusturiyah: State Law Review focuses on studying and developing constitutional law, political law, and governance from both Islamic and comparative perspectives. The journal provides a platform for scholarly discussion and critical analysis of constitutionalism, state institutions, legislative processes, political rights, and the relationship between religion and state in the context of Islamic law and contemporary legal systems. Scope of the Journal includes: Constitutional law (siyasah dusturiyah) in Islamic and national contexts Comparative studies on constitutional systems and governance The role and function of state institutions in Islamic and modern legal frameworks Political rights, civil liberties, and human rights in constitutional discourse The relationship between religion and state in constitutional law Legislative process, law-making, and constitutional amendments Judicial review, constitutional court decisions, and legal reforms Contemporary issues in political law, democracy, and good governance Historical and philosophical foundations of constitutional law Analysis of constitutional practices in Muslim-majority countries and beyond The journal welcomes original research articles, conceptual papers, case studies, and book reviews that contribute to advancing constitutional and political law studies, especially those that offer new perspectives on siyasah dusturiyah and its relevance in the modern era.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 23 Documents
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Criminal Liability for Corruption and Constitutional Responsibility of the State in the Whoosh High-Speed Rail Megaproject Case: Analysis of Mark-ups, Debt, and Restructuring Eka Farman; Syahrul; Damianus Wanda Ndapa; Hazairin; Musmuliadin; Syamsuddin
Siyasah Dusturiyah: State Law Review Vol. 1 No. 3 (2025): Siyasah Dusturiyah: State Law Review
Publisher : Yayasan Cahaya Generasi Positif

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65101/2t7nwa11

Abstract

This study examines criminal liability for corruption and the constitutional responsibility of the state regarding the Jakarta-Bandung High-Speed Railway Project (Whoosh), analyzing budget mark-ups, state-owned enterprise debt, and financial restructuring. The Whoosh project, classified as a National Strategic Project, has experienced significant cost overruns that raised serious governance concerns. Construction costs reached approximately USD 52 million per kilometer, three times higher than comparable projects in China (USD 17-18 million per kilometer), suggesting potential criminal corruption through budget inflation in the Estimated Price (HPS) determination. Concurrently, the financial crisis at PT Kereta Cepat Indonesia China (KCIC) and its parent company, PT Kereta Api Indonesia (KAI), necessitated State Capital Participation (PMN) injections from the national budget, creating constitutional burden on state finances. This research employs a normative-empirical legal methodology, integrating doctrinal analysis of Indonesian constitutional law, anti-corruption legislation, and state finance laws with empirical examination of KPK investigations and fiscal impacts. The study proposes a Dual Accountability model that integrates criminal and constitutional dimensions, linking alleged budget mark-ups causally to state losses and subsequent constitutional obligations. Findings indicate that corporate accountability through anti-corruption enforcement must operate simultaneously with constitutional oversight of state-owned enterprises, consistent with Constitutional Court Decision No. 14/PUU-XVI/2018. This integrated approach ensures comprehensive resolution requiring both penal recovery channels and constitutional safeguards before financial bailouts are approved. The research contributes to understanding how infrastructure megaproject failures implicate dual accountability mechanisms and informs governance reforms necessary for managing National Strategic Projects effectively.
The Role of State Regulation in Copyright Protection Within the Digital Ecosystem: A Case Study of TikTok Havid Putra Awal Tolinggilo; Nirwan Junus; Nurul Fazri Elfikri
Siyasah Dusturiyah: State Law Review Vol. 1 No. 3 (2025): Siyasah Dusturiyah: State Law Review
Publisher : Yayasan Cahaya Generasi Positif

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65101/zymeb992

Abstract

This research examines copyright infringement on TikTok, addressing the paradox between creative freedom and intellectual property protection. Digital technology expansion enables artistic expression while simultaneously creating enforcement gaps due to low legal awareness and inadequate public literacy regarding Law No. 28 of 2014 on Copyright. The study analyzes how TikTok's policies including takedown mechanisms, safe harbor principles, and fair use doctrine function as legal instruments balancing innovation and legal certainty. Employing normative legal methodology, this research investigates the synergy between national regulations and platform policies in protecting creators' moral and economic rights. Analysis reveals the urgent need for contextual legal education and collaboration among government, platforms, and society to establish a just digital ecosystem respecting originality while cultivating ethical, globally competitive creative culture. Furthermore, the research emphasizes the state's role as a primary actor in establishing legal frameworks protecting copyright in digital spaces. Article 28C (1) of the 1945 Indonesian Constitution provides constitutional foundation that the state must provide effective regulatory mechanisms and law enforcement protecting citizens' works. Through administrative instruments including Ministerial Regulations on Information and Communications (Permenkominfo) and governmental agency authorities (DJKI, Kominfo) this study evaluates how public policy creates accountable and constitutionally compliant digital governance, ensuring equitable copyright protection in contemporary information ecosystems.
State Responsibility in Protecting Children from Sexual Violence in Educational Settings: A Case Study of Gorontalo Mastura H. Thalib; Lisnawaty W. Badu; Karlin Z. Mamu
Siyasah Dusturiyah: State Law Review Vol. 1 No. 3 (2025): Siyasah Dusturiyah: State Law Review
Publisher : Yayasan Cahaya Generasi Positif

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65101/n9wqwv26

Abstract

This study examines the constitutional responsibility of the state in protecting children from sexual violence within educational institutions, using Gorontalo City as a case study. Article 28B paragraph (2) of the 1945 Constitution obliges the state to ensure that every child is protected from violence and discrimination. However, the increasing number of sexual violence cases in schools and the weak institutional response indicate a significant gap between constitutional mandates and their implementation. Employing an empirical juridical approach through interviews with the Women and Children Protection Unit (PPA) of Gorontalo City Police, the Regional Office for Women and Children Protection, and relevant legal documents, this research reveals that the failure of protection is not merely due to criminal factors, but also the lack of institutional governance, inadequate state oversight, weak school-based child protection mechanisms, and limited capacity of law enforcement agencies. These findings demonstrate that the state has not fully carried out its positive obligations to protect children. The study recommends strengthening local regulations, establishing a regional child protection task force, improving the capacity of PPA units, and integrating child-protection policies into school governance as part of the state's constitutional duties.
The Effect of Omnibus Law Technique on the Quality of Criminal Legislative Drafting in Indonesia Risman Setiawan
Siyasah Dusturiyah: State Law Review Vol. 1 No. 3 (2025): Siyasah Dusturiyah: State Law Review
Publisher : Yayasan Cahaya Generasi Positif

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65101/kyda6f73

Abstract

This research critically analyzes the influence of the omnibus law technique on the quality of criminal law formulation in Indonesia, particularly following the enactment of Law No. 13 of 2022 regarding Amendments to Law No. 12 of 2011 on the Formation of Legislation. Although the omnibus law method formally recognizes the integration of multiple legal substances within a single statute to enhance legislative efficiency and regulatory synchronization, empirical evidence demonstrates that its application in the criminal law domain creates serious substantive and procedural challenges. The research employs a normative legal approach supplemented by conceptual analysis to examine the alignment between omnibus law practices and the principles of good legislation (good legislation principles) as stipulated in Article 5 of Law No. 13 of 2022. The findings reveal that while omnibus law offers administrative efficiency, its implementation in criminal legislation generates significant problems regarding norm clarity, public participation, and legal legitimacy. Specifically, the technique tends to obscure the principle of legality (nullum crimen sine lege), reduce deliberative quality in legislative processes due to executive dominance, and weaken public participation in legislative procedures. Furthermore, the rapid processing of omnibus bills with limited public consultation compromises the substantive legitimacy of resulting criminal law provisions. This research concludes that implementing omnibus law techniques in criminal legislation must be accompanied by reinforced mechanisms for meaningful public participation, enhanced transparency in legislative discussions, and rigorous norm quality testing prior to enactment. Without such safeguards, the legislative innovation intended to simplify legal frameworks risks creating new legal uncertainty within Indonesia's national criminal justice system. The research advocates for either restricting omnibus law application to non-criminal legislation or fundamentally restructuring its procedural framework to comply with constitutional standards of democratic lawmaking.
Strengthening Indonesian Constitutional and Citizenship Knowledge:: (A Critical Comparative Framework with the United States Presidential System) Prince Clinton Immanuel Christian Damanik; Anastasia Arta Uli; Mohammad Idham Chaled; Rizki Achmad Husaeni; Feri Dwi Jayanti
Siyasah Dusturiyah: State Law Review Vol. 1 No. 3 (2025): Siyasah Dusturiyah: State Law Review
Publisher : Yayasan Cahaya Generasi Positif

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65101/9zdc1196

Abstract

A country's constitution serves as fundamental law regulating relationships between government and citizens in various aspects including state form, institutions, human rights, citizenship rights, and national ideals. This study compares the Indonesian constitution with that of the United States through a citizenship education lens, examining how constitutional frameworks shape citizenship knowledge and civic participation. The research focuses on state structure and government systems, state institutions, human rights arrangements, citizenship provisions, and constitutional amendment mechanisms. Using a normative juridical approach with statutory and comparative methods, data is collected through literature study and presented qualitatively with descriptive-analytical approach. Results indicate that Indonesia and the United States share similarities in government form, several state institutions, human rights regulations, and constitutional amendment mechanisms, while differences emerge in state form, certain institutions, citizenship conceptualization, gun ownership rights, and judiciary involvement in constitutional amendments. The findings contribute to strengthening constitutional literacy and citizenship education, particularly relevant for Pancasila and Civic Education pedagogy in Indonesia.
The Controversy of Using Non-Halal Ingredients in Vaccine Production: Between Emergency Needs and Sharia Principles Renhaddwi Mahadana Satya; Najwa Rahman
Siyasah Dusturiyah: State Law Review Vol. 1 No. 3 (2025): Siyasah Dusturiyah: State Law Review
Publisher : Yayasan Cahaya Generasi Positif

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65101/9q77hn03

Abstract

The controversy surrounding the use of non-halal ingredients in vaccine production presents a complex dilemma between public health needs and adherence to Islamic principles, particularly in Muslim-majority countries such as Indonesia. This study examines how the concepts of halal compliance and the doctrine of necessity in Islamic law serve as the basis for legitimizing vaccines containing non-halal elements, especially during pandemic conditions. It also explores how halal and non-halal fatwas issued by religious authorities, particularly the Indonesian Ulema Council (MUI), shape public responses, influence vaccine acceptance, and generate economic implications for both the government and the pharmaceutical industry. Employing a normative juridical method through statutory and conceptual approaches, this research analyzes legal principles, Islamic doctrines, and positive regulations governing halal product assurance. The findings indicate that although the principle of necessity offers legal flexibility for the use of non-halal vaccines, its effectiveness heavily depends on clear public communication and the legitimacy of religious fatwas. Furthermore, the study evaluates the halal vaccine issue from a constitutional law perspective, specifically through the symbiotic paradigm of religion–state relations. It concludes that strengthening interinstitutional coordination, improving public literacy, and providing halal vaccine alternatives constitute strategic measures to ensure an inclusive and effective vaccination policy aligned with both Islamic principles and Indonesia’s constitutional framework.
Effective Strategies for Handling Violations of The Code of Ethics for Election Organisers in Indonesia MZ Asfen Nasrullah Harahap
Siyasah Dusturiyah: State Law Review Vol. 1 No. 1 (2025): Siyasah Dusturiyah: State Law Review
Publisher : Yayasan Cahaya Generasi Positif

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65101/s29q1271

Abstract

The simultaneous general election (Pemilu) in 2024 in Indonesia represents a significant milestone in the country's democratic journey. As a crucial moment in determining the political and governmental direction for the next five years, the 2024 simultaneous general election has garnered significant attention from various groups, including academics, political practitioners, and the general public. This study addresses the issues of types of ethical violations committed by election organisers in Indonesia, the mechanisms for handling ethical violations by DKPP and Bawaslu, the challenges faced in handling ethical breaches in the 2024 simultaneous elections, and practical strategies for addressing these violations. The research employs a qualitative approach to analyse the dynamics of the 2024 simultaneous elections and the role of ethical codes in maintaining the Integrity of elections in Indonesia. Data were collected by examining official documents from the KPU, Bawaslu, and DKPP to obtain a comprehensive overview of ethical violations and their handling mechanisms. The findings reveal various types of ethical violations in the election administration in Indonesia, including data manipulation, collusion, nepotism, and abuse of power. The handling mechanisms involve DKPP and Bawaslu, but often face challenges in legal interpretation with the KPU. The main challenges include improving the quality and Integrity of election organisers, inter-agency coordination, and the complexity of violations due to advanced technology and campaign methods. Effective strategies include organisational structure reform, routine audits, the use of blockchain technology, public and media involvement in monitoring, and a transparent system of sanctions and rewards.
An Election Monitoring Model in Indonesia Based on the Maqâsid Al-Syarî'ah Perspective: An Analysis of the Jâsir 'Audah Theory M. Reza Saputra
Siyasah Dusturiyah: State Law Review Vol. 1 No. 1 (2025): Siyasah Dusturiyah: State Law Review
Publisher : Yayasan Cahaya Generasi Positif

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65101/p9cye235

Abstract

This research analyses the election supervision model in Indonesia based on the perspective of maqâsid al-syarî'ah Jâsir 'Audah, focusing on protecting the five fundamental values in the electoral system. Implementing the 2024 General Election presents complex structural challenges, especially protecting KPPS officers with 181 recorded deaths. Using descriptive qualitative methods with a juridical-normative approach, this research examines Law no. 7 of 2017 concerning General Elections and integrates it with the theory of the Jâsir 'Audah system. The research results identified three main challenges: weak mechanisms for continuous health monitoring, unclear responsibilities of relevant agencies, and minimal community participation in monitoring the welfare of officers. The integration of maqâsid al-syarî'ah principles offers a holistic framework to strengthen the supervision system through the protection of hifdz al-nafs (soul), hifdz al-'aql (reason), hifdz al-nasl (offspring), and hifdz al-mâl (treasure). Policy recommendations include strengthening specific regulations, developing IoT-based technology for monitoring working conditions, and establishing rapid response protocols for vulnerable groups. This research concludes that the maqâsid system approach can answer the complexity of modern election challenges and strengthen the accountability of the Indonesian electoral system.
Regulation and Implementation of Digital Broadcasting Monitoring in the Context of Freedom of Opinion in Indonesia Ahmad Saogi
Siyasah Dusturiyah: State Law Review Vol. 1 No. 1 (2025): Siyasah Dusturiyah: State Law Review
Publisher : Yayasan Cahaya Generasi Positif

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65101/5gvazr25

Abstract

This research analyses the gaps in digital broadcasting regulations in Indonesia in the context of protecting freedom of expression. Digital transformation, with internet penetration reaching 78.19% in 2023 and a projected digital economy worth 109 billion US dollars in 2025, has created new regulatory challenges, while the legal framework still relies on Law no. 32/2002, which was formed before the digital era. Through a juridical-normative approach and comparative analysis of regulatory practices in other countries, the research identified three critical findings: (1) the inability of the Broadcasting Law to accommodate the complexity of digital platforms due to the ambiguous definition of "other media"; (2) overlapping authority between KPI and Kominfo which results in legal uncertainty; and (3) a 52% increase in cases of criminalization of digital expressions related to politics in 2024, which indicates a systematic pattern of limiting criticism. The research recommends adopting a co-regulation model involving government, industry, and civil society; revising the ITE Law by removing the rubber article; and strengthening the Press Council as an independent mediator in digital journalistic content disputes. Harmonising broadcasting regulations with the principles of digital constitutionalism is the key to balancing the interests of state supervision and protecting citizens' constitutional rights.
Transformation of the Advocate Organisational System in Indonesia: Multi-Bar Implications for Enforcement of Professional Ethics Nilam Amalia Fatiha
Siyasah Dusturiyah: State Law Review Vol. 1 No. 1 (2025): Siyasah Dusturiyah: State Law Review
Publisher : Yayasan Cahaya Generasi Positif

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65101/z4v7ph22

Abstract

This research analyses the transformation of the Indonesian advocate organisational system from single-bar to multi-bar and its implications for upholding professional ethics. Even though the 2003 Law on Advocates mandates a single bar, internal conflicts and organisational resistance triggered multi-bar legitimisation through KMA Letter No. 73/2015. Using a normative-juridical-empirical qualitative approach, this study integrates analysis of regulatory documents and interviews with practitioners to explore the historical and contemporary dynamics of the advocate organisational system. The research results show that the multi-bar system positively democratises the profession, reduces regulatory monopolies, and increases access to legal services in remote areas. However, significant challenges arise through disparities in organisations to avoid sanctions and standardisation of organisational consistency. Enforcing harmonisation efforts have been made to harmonise the labelling. Harmonisation efforts have been studied, recommending a multi-bar framework, establishing an independent national ethics institute, and strengthening collaboration between organisations through sacrificing specialisations.

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