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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 36 Documents
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Regional Government Authority in Digital Tourism Development: A Case Study on the Big Farmer Tourist Attraction Susilawati, Susilawati; Wawat Setiawati
Siyasah Dusturiyah: State Law Review Vol. 1 No. 2 (2025): Siyasah Dusturiyah: State Law Review
Publisher : Yayasan Cahaya Generasi Positif

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65101/cn1p4360

Abstract

This study examines the constitutional and statutory authority of regional governments in Indonesia to develop digital tourism, using the Rimbun Conservation Village in South Tangerang as a case study. Under Law No. 10 of 2009 on Tourism and Regional Regulation No. 5 of 2022, district and municipal governments are empowered to formulate tourism master plans, designate local attractions, regulate operations, and facilitate digital promotion. Employing a normative‐juridical approach combined with qualitative case analysis, this research reviews national and regional legislation and integrates in‐depth interviews with local tourism officials and program reports. Findings reveal that the South Tangerang City Government effectively translated its legal mandate into concrete initiatives by embedding “digital” and “community‐based” tourism objectives into local bylaws, investing in digital infrastructure, and leveraging public–private partnerships such as the Green Camp 2024 collaboration. The digitalization of marketing, virtual tours, and e‐commerce platforms significantly enhanced local income streams, increased participation of micro, small, and medium enterprises (MSMEs), and generated employment within agritourism activities. However, implementation challenges persist, notably digital literacy gaps, uneven internet access, and infrastructure deficits. The study concludes that, while robust legal frameworks provide a solid foundation for digital tourism development, sustainable outcomes depend on ongoing investment in digital capacity building and inclusive policymaking. Recommendations include strengthening digital literacy programs, expanding broadband connectivity, and fostering multi‐stakeholder governance to ensure equitable economic benefits. This research contributes to administrative law scholarship by demonstrating how proactive local legislation and collaborative governance can align statutory authority with innovation in the digital tourism sector.
Evaluating the Arm’s Length Principle in Fiscal Corrections for Intragroup Services: Evidence from the Federal Karyatama-EMAPPL Case Kartiko, Nafis Dwi; Alex Oktobertus Pandapotan Gultom
Siyasah Dusturiyah: State Law Review Vol. 1 No. 2 (2025): Siyasah Dusturiyah: State Law Review
Publisher : Yayasan Cahaya Generasi Positif

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65101/g7tfe317

Abstract

This study aims to analyze the compatibility between Indonesian domestic norms and the OECD Transfer Pricing Guidelines in the application of the arm's length principle (ALP) on the verification of cross-jurisdictional management service costs. The analysis is based on Tax Court Decision Number PUT-007752.15/2023/PP/M.XIII.B. This study employs a normative-dogmatic legal method to examine the consistency between Indonesian domestic norms and the OECD Transfer Pricing Guidelines in applying the arm’s length principle to cross-jurisdictional management service costs. The analysis integrates statutory, case, and conceptual approaches to ensure systematic coherence between positive law, jurisprudence, and international tax doctrine. Primary legal materials such as tax laws and court decisions provide binding authority, while secondary academic sources offer analytical depth to contextualize Indonesia’s doctrinal alignment within global transfer pricing standards. This study concludes that applying the arm’s length principle (ALP) to cross-jurisdictional management service costs requires balancing legal certainty with economic substance. The PT Federal Karyatama–ExxonMobil Asia Pacific Pte. Ltd. case reveals doctrinal tension between the OECD’s soft law flexibility and Indonesia’s hard law rigidity under PMK 172/2023. The findings indicate a selective convergence model, where Indonesia adopts OECD principles but enforces stricter evidentiary standards, resulting in a conservative, rule-based approach prone to interpretative disputes. This study contributes theoretically to the strengthening of the ALP and practically to the optimization of Advance Pricing Agreements and Mutual Agreement Procedures.
Freedom of Opinion from the Perspective of Islamic Law and Human Rights Ahmad Husairi; Sarah Nur Izzati; Kurnia Saputri
Siyasah Dusturiyah: State Law Review Vol. 1 No. 4 (2026): Siyasah Dusturiyah: State Law Review
Publisher : Yayasan Cahaya Generasi Positif

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65101/p452ds42

Abstract

This research examines the right to freedom of opinion from the perspectives of Islamic law and the Declaration of Human Rights. In a democratic system, Indonesia is constitutionally required to protect freedom of expression as a non-derogable right under Article 28I paragraph (4) of the 1945 Constitution. Although essential to human dignity, this right is not absolute and may be lawfully restricted to protect public order, national security, and the rights of others. This study employs a normative juridical method by analyzing legal norms, doctrines, and theoretical frameworks governing freedom of opinion in Islamic legal thought and international human rights law. International recognition is affirmed in Article 19 of the Universal Declaration of Human Rights. The study concludes that clear, proportional, and legally grounded limitations are necessary to ensure responsible exercise within pluralistic societies. Harmonization between these frameworks can be achieved through contextual and purposive legal interpretation.
Ecocracy and Rights of Nature: Constitutional Reconstruction of Indonesian Energy Transition Mining Wahyu Nugroho; Muhammad Umar bin Abdul Razak
Siyasah Dusturiyah: State Law Review Vol. 1 No. 6 (2026): Siyasah Dusturiyah: State Law Review
Publisher : Yayasan Cahaya Generasi Positif

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65101/f28b8q02

Abstract

The global energy transition paradoxically has triggered massive nickel mining operations, severely threatening critical ecological vulnerabilities of small islands in Indonesia. This study aims to reconstruct the conventional anthropocentric Green Constitution paradigm by systematically integrating the Ecocracy doctrine and Rights of Nature. Utilizing a normative-juridical method with conceptual, statutory, and case approaches, this research analyzes various contemporary constitutional shifts. The study findings demonstrate that unregulated nickel extraction fundamentally destroys the ecological carrying capacity of vulnerable archipelagos. Crucially, Constitutional Court Decision Number 35/PUU-XXI/2023 functions as a monumental judicial resolution that firmly and implicitly recognizes nature as an independent legal subject holding absolute protection rights. In conclusion, this historic ruling establishes an erga omnes constitutional mandate for the state to immediately halt all destructive extractive mining operations within small island territories, effectively transforming Indonesia’s environmental law landscape from an exploitative framework into a highly progressive, strongly binding, and sovereign environmental ecocracy system.
Central Bank Digital Currency: Constitutional Reconfiguration of Monetary Sovereignty Within Web3 Architectures Siska Sanjahaya Jahir; Nunut Asniar
Siyasah Dusturiyah: State Law Review Vol. 1 No. 5 (2026): Siyasah Dusturiyah: State Law Review
Publisher : Yayasan Cahaya Generasi Positif

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65101/f683js66

Abstract

The emergence of decentralized Web3 architectures fundamentally disrupts traditional territorial monetary sovereignty, thereby challenging the constitutional mandate of state-controlled currency. This study examines the normative collision between algorithmic decentralization and state-centric monetary frameworks under the Indonesian Constitution. Employing a doctrinal legal methodology through statutory, conceptual, and functional comparative approaches, this research analyzes the central bank digital currency as a critical constitutional defense mechanism. The findings indicate that the Financial Sector Omnibus Law positions the digital fiat as a sovereign instrument to restore macroeconomic control against transnational private stablecoins. Furthermore, balancing anti-money laundering obligations with constitutional privacy rights explicitly requires a regulation-by-design architecture, specifically implementing tiered anonymity. The institutionalization of digital fiat necessitates precise legal agency attribution within permissioned smart contracts to prevent algorithmic immunity. Ultimately, this regulatory integration represents a manifestation of digital constitutionalism, renegotiating the cyberspace social contract to ensure monetary stability while proportionally protecting all fundamental civic rights.
ESG Integration in SOE Directors' Duties: Comparing Indonesian and Malaysian Corporate Law Alia Imron
Siyasah Dusturiyah: State Law Review Vol. 1 No. 6 (2026): Siyasah Dusturiyah: State Law Review
Publisher : Yayasan Cahaya Generasi Positif

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65101/cmk3qy89

Abstract

This article comparatively analyzes the integration of Environmental, Social, and Governance (ESG) mandates into the fiduciary duties of State-Owned Enterprise (SOE) directors in Indonesia and Government-Linked Companies (GLC) in Malaysia. Utilizing a normative doctrinal approach, this study addresses the systemic tension between ESG transition risks and directors' personal liability. In Indonesia, the rigid state finance doctrine often criminalizes SOE business losses, creating a chilling effect on sustainable investments. Conversely, Malaysia treats GLCs as private entities, evaluating failures through civil mechanisms unless decisions are "plainly wrong". To resolve these specific jurisdictional asymmetries, this research actively proposes the novel concept of an "ESG-linked BJR Safe Harbor". The study concludes that courts must definitively elevate ESG compliance from a mere administrative reporting obligation into a highly objective judicial standard, successfully validating it as material evidence of good faith to formally activate the Business Judgment Rule protections for corporate fiduciaries globally and domestically today.
Legal Protection of Creditors in Spin-offs: Comparing Indonesian and Philippine Corporate Law Cut Tiara Sekar Maharani
Siyasah Dusturiyah: State Law Review Vol. 1 No. 6 (2026): Siyasah Dusturiyah: State Law Review
Publisher : Yayasan Cahaya Generasi Positif

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65101/02btyn97

Abstract

Corporate restructuring through demerger mechanisms perpetually triggers dogmatic tension between managerial efficiency and the protection of creditor constitutional rights. This article comprehensively compares creditor protection architecture within the corporate law jurisdictions of Indonesia and the Philippines. Utilizing a normative legal method with comparative approaches, this research explicitly exposes systemic weaknesses of Indonesian law. The Indonesian corporate legal regime proves highly fragile, relying purely on administrative procedural positivism through draconian objection deadlines and an impossible Actio Pauliana instrument. Conversely, the Philippine Revised Corporation Code offers absolute protection grounded in equity supremacy via the majestic Trust Fund Doctrine. This ancient doctrine positions corporate capital as an absolute trust fund for creditors, which instantaneously invalidates fraudulent asset transfers. As a primary academic conclusion, this research recommends paradigmatic hybridization for Indonesian corporate governance. Lawmakers now urgently must adopt these substantive principles by implementing a reversed burden of proof to entirely prevent corporate cannibalization crimes.
Corporate Beneficial Ownership Transparency Legal Frameworks: A Comparative Regulatory Analysis Indonesia & Philippines William Sepvano The
Siyasah Dusturiyah: State Law Review Vol. 1 No. 6 (2026): Siyasah Dusturiyah: State Law Review
Publisher : Yayasan Cahaya Generasi Positif

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65101/8c09k528

Abstract

This article examines the legal dualism within Indonesia's beneficial ownership transparency framework, which explicitly contradicts the Investment Law and heavily limits compliance. Employing a doctrinal method through a strong comparative approach, this study critically contrasts Indonesia's passive declarative regime against the progressive investigative-digital framework of the Philippines under SEC MC 15/2025. Primary findings indicate that while Indonesia still relies on a loose twenty-five percent threshold without extraterritorial reach, the Philippines has actively mandated a precise twenty percent threshold, nine deterministic ownership categories, and the cross-border digital registry HARBOR. Consequently, Indonesia's current regulatory framework suffers from normative stagnation and severely lacks independent verification mechanisms. To eliminate information asymmetry and comply with international standards of the Financial Action Task Force, Indonesia urgently needs to enact a standalone Corporate Transparency Act. This crucial legal reform must integrate a multi-layered control taxonomy and establish a cross-verified database to fully protect the national corporate ecosystem.
Legal Status and Protection of Gig Economy Workers Under Indonesian Labor Law Yosephine Fransisca Andriani; Atik Winanti; Aurora Jilena Meliala
Siyasah Dusturiyah: State Law Review Vol. 2 No. 1 (2026): Siyasah Dusturiyah: State Law Review
Publisher : Yayasan Cahaya Generasi Positif

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65101/79v8e833

Abstract

The rapid expansion of the digital gig economy exposes a severe normative vacuum within Indonesian labor law, permanently subjugating workers to exploitative algorithmic management and sham partnerships. Employing a doctrinal legal methodology, this study comprehensively evaluates Indonesia’s rigid statutory framework and conducts a comparative jurisprudential analysis with the United Kingdom and Spain. The findings indicate that dogmatic adherence to traditional employment classifications completely prevents algorithmic accountability, effectively externalizing operational risks onto entirely unprotected digital workers. Conversely, the UK’s hybrid 'worker' classification and Spain’s bold algorithmic transparency mandates provide vital blueprints. To prevent systemic disenfranchisement, Indonesia must immediately transition toward a responsive law paradigm by judicially piercing the digital corporate veil. The national legislature must formally codify a sui generis dependent contractor legal classification. Furthermore, institutionalizing an automated micro-levy social security mechanism alongside mandatory algorithmic transparency will perfectly balance essential labor protections with market flexibility, ultimately restoring substantive constitutional justice and fundamental human dignity.
Realizing Regional Elections Based on People’s Sovereignty: Constitutionality of Regional Elections through the DPRD Risman Setiawan
Siyasah Dusturiyah: State Law Review Vol. 1 No. 6 (2026): Siyasah Dusturiyah: State Law Review
Publisher : Yayasan Cahaya Generasi Positif

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65101/ts2gg828

Abstract

Ambiguity in interpreting Article 18 of the UUD NRI 1945, particularly regarding the phrase “elected democratically,” has generated debate over direct regional head elections versus those held through the DPRD. This study aims to safeguard popular sovereignty within representative mechanisms while minimizing the adverse effects of high political costs and corruption risks. Employing a normative legal method, with legislative and conceptual approaches, the research addresses a gap in the literature on the constitutional design of regional head elections through the DPRD as an expression of popular sovereignty. The findings demonstrate that regional head elections conducted by the DPRD are constitutionally valid and consistent with democratic principles. This mechanism effectively reduces election expenditures and disrupts the cycle of political money. The study seeks to establish a normative basis for reinforcing popular sovereignty through an indirect election system that maintains popular legitimacy. In summary, the research concludes that regional elections conducted through the DPRD have significant implications for local government stability. The practical implications highlight the urgent need for regulatory frameworks to enhance public oversight and political party integrity, thereby ensuring popular sovereignty in the regional election process.

Page 3 of 4 | Total Record : 36

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