Siyasah Dusturiyah: State Law Review
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.
Articles
49 Documents
<![CDATA[Constitutional and Siyasah Dusturiyah Review of Neglected Child Protection in Purwakarta ]]>
<![CDATA[M Yahya Wahyudin]]>;
<![CDATA[Rena Zulfaidah]]>
<![CDATA[ Siyasah Dusturiyah: State Law Review Vol. 2 No. 1 (2026): Siyasah Dusturiyah: State Law Review ]]>
Publisher : <![CDATA[Yayasan Cahaya Generasi Positif ]]>
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DOI: 10.65101/vatqxy25
<![CDATA[The phenomenon of neglected children in Purwakarta Regency exposes a severe disconnect between the 1945 Constitution and actual regional protection practices. Utilizing an empirical approach, this study critically analyzes legal frameworks, direct field observations, and targeted interviews with local social agencies to evaluate regulatory implementation. Findings reveal acute institutional paralysis and ineffective bureaucratic synergy, reducing Regional Regulation Number Two of 2021 into a mere administrative text. Consequently, state interventions completely fail to address structural poverty and the rampant economic exploitation continuously orchestrated by organized street child mafias. To rectify this systemic failure, this research proposes integrating the interdisciplinary principles of Siyasah Dusturiyah and Maqashid Shariah. Operationalizing the ethical concepts of Hifdz al Ummah alongside established jurisprudential maxims strictly demands a transformative governance model. Substantively protecting marginalized youth directly requires dismantling these exploitative networks rather than merely enforcing superficial public order, thereby genuinely actualizing a fully constitutional regional protection environment today.]]>
<![CDATA[Recalibrating International Investment Arbitration: The Green Constitution as an Ecological Justice Defense ]]>
<![CDATA[Sheilla Bintang Aerielisty]]>
<![CDATA[ Siyasah Dusturiyah: State Law Review Vol. 1 No. 6 (2026): Siyasah Dusturiyah: State Law Review ]]>
Publisher : <![CDATA[Yayasan Cahaya Generasi Positif ]]>
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DOI: 10.65101/w0d9bw19
<![CDATA[Contemporary international investment law faces a structural legitimacy crisis due to the normative clash between foreign direct investment protection and global ecological sustainability imperatives. This research urgently addresses the regulatory chill phenomenon resulting from arbitration mechanisms that weaponize treaty protections against state climate mitigation policies. Employing doctrinal legal research, this study rigorously analyzes treaties, customary international law, and arbitral jurisprudence utilizing the Vienna Convention on the Law of Treaties. The findings demonstrate that domestic supreme law, conceptualized as the Green Constitution, serves as a proactive doctrinal defense. By establishing an implied incorporation clause, the Green Constitution redefines investors' legitimate expectations ab initio and fortifies state police powers. The research concludes that systemically integrating ecological constitutionalism into arbitration, mandated by Article 31(3)(c), recalibrates international economic law, effectively mitigating corporate lawfare and subordinating commercial expectations to the erga omnes obligations of global environmental justice within the modern foreign direct investment legal framework.]]>
<![CDATA[Unregulated Foreign Investment Screening in Indonesia: State Sovereignty and Legal Certainty Implications ]]>
<![CDATA[Rolis Barson Sembiring]]>
<![CDATA[ Siyasah Dusturiyah: State Law Review Vol. 2 No. 1 (2026): Siyasah Dusturiyah: State Law Review ]]>
Publisher : <![CDATA[Yayasan Cahaya Generasi Positif ]]>
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DOI: 10.65101/r0p3tp31
<![CDATA[This article examines the regulatory vacuum in Indonesia regarding foreign direct investment screening mechanisms and its implications for state sovereignty and legal certainty. Despite the global paradigm shift towards national security screening, the current licensing system prioritizes economic facilitation, lacking an ex ante review procedure for strategic sectors. Utilizing doctrinal legal research with statute, conceptual, and comparative approaches, this study systematically analyzes the risks of this legislative void. The findings demonstrate that the absence of structured screening compromises national interests and degrades legal certainty. Arbitrary revocations of investments without established procedural frameworks expose Indonesia to international arbitration disputes under international investment agreements, risking fatal violations of the fair and equitable treatment standard. Consequently, this study concludes that Indonesia must urgently institutionalize a comprehensive investment screening system. This mechanism is absolutely imperative to proportionally balance open investment policies with essential security safeguards, thereby mitigating international litigation risks and protecting territorial sovereignty.]]>
<![CDATA[Judicial Sentencing Factors for Parental Child Sexual Abuse at Tilamuta District Court ]]>
<![CDATA[Juan Wahyudi FP Pagau]]>;
<![CDATA[Lisnawaty Wadju Badu]]>;
<![CDATA[Muhamad Khairun Kurniawan Kadir]]>
<![CDATA[ Siyasah Dusturiyah: State Law Review Vol. 2 No. 1 (2026): Siyasah Dusturiyah: State Law Review ]]>
Publisher : <![CDATA[Yayasan Cahaya Generasi Positif ]]>
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DOI: 10.65101/zxvb1b85
<![CDATA[Legal enforcement concerning parental child sexual abuse frequently triggers a sharp clash of norms between rigid procedural certainty and substantive justice. This article examines the judicial reasoning within Tilamuta District Court Decision Number 14/Pid.Sus/2024/PN Tmt, where judges exercised progressive judicial activism by rendering an ultra petita sentence, intentionally increasing the penalty from twelve to seventeen years of imprisonment. This empirical study demonstrates that the step-parent’s asymmetrical domestic power relation fundamentally distorts material evidence, thereby neutralizing the victim's defensive capacity and necessitating extraordinary judicial intervention. Consequently, this article explicitly proposes the formulation of specialized sentencing guidelines as ius constituendum securely grounded in therapeutic jurisprudence principles. These guidelines offer a structured, measurable matrix to legitimize progressive judicial discretion, transforming absolute domestic authority into an absolute aggravating factor while mandating longitudinal forensic psychological assessments. Ultimately, this proposed model successfully transitions the judiciary from mechanical statutory application toward a highly victim-oriented restorative justice framework.]]>
<![CDATA[An Analysis of Judicial Reasoning as a Form of Breaking and Legal Discovery for Ecological Justice ]]>
<![CDATA[Muhammad Rizky Aditiya]]>;
<![CDATA[Ikomatussuniah]]>;
<![CDATA[Ahmad Rayhan]]>
<![CDATA[ Siyasah Dusturiyah: State Law Review Vol. 2 No. 1 (2026): Siyasah Dusturiyah: State Law Review ]]>
Publisher : <![CDATA[Yayasan Cahaya Generasi Positif ]]>
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DOI: 10.65101/fe9gcp07
<![CDATA[Post-Job Creation Law, environmental approvals are trapped in rigid administrative formalism, ignoring geological vulnerability. This article aims to examine judicial reasoning in Decision No. 59/G/LH/2023/PTUN.JKT as rule-breaking and rechtsvinding for ecological justice. This empirical legal research employs statutory, conceptual, and sociological approaches, utilizing data derived from qualitative interviews and literature reviews. The findings demonstrate that judges performed rule-breaking by deliberately bypassing formal administrative compliance to prioritize public safety. Furthermore, rechtsvinding was successfully implemented through the dominus litis principle when comprehensively examining complex scientific evidence. Ultimately, this corrective ruling perfectly actualizes the Progressive Legal Theory and the Legal Development Theory, asserting unequivocally that corporate investment execution must strictly submit to the absolute ecological threshold boundaries. Therefore, administrative procedures cannot justify ecologically destructive actions; substantive environmental protection must remain the paramount judicial objective to guarantee intergenerational sustainability across modern Indonesia.]]>
<![CDATA[SOE Dichotomy: Reconciling Public Obligations and Corporate Governance in Indonesia, Malaysia, Singapore ]]>
<![CDATA[Regina Naya Cahyani]]>
<![CDATA[ Siyasah Dusturiyah: State Law Review Vol. 1 No. 6 (2026): Siyasah Dusturiyah: State Law Review ]]>
Publisher : <![CDATA[Yayasan Cahaya Generasi Positif ]]>
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DOI: 10.65101/06bt2q88
<![CDATA[The resurgence of state capitalism through state-owned enterprises and sovereign wealth funds has provoked profound doctrinal tension between public accountability and corporate governance. In Indonesia, the dogmatic classification of separated state wealth fundamentally undermines the business judgment rule, exposing corporate directors to criminal liability for commercial losses. Similarly, government-linked corporations in Malaysia suffer from entrenched political appointments that inflate agency costs. Utilizing a comparative doctrinal methodology, this article evaluates the institutional restructuring under Indonesian laws number one and sixteen of 2025 regarding the Danantara investment agency. It argues that without definitive legislative harmonization providing a safe harbor clause, the structural ambiguity will perpetuate managerial paralysis. To reconcile this public-private legal dichotomy, this article proposes transplanting the Temasek model from Singapore. By instituting strict competitive neutrality and dual constitutional control mechanisms, nations can effectively insulate commercial discretion from political intervention while preserving the fiduciary integrity of public asset management frameworks worldwide.]]>
<![CDATA[Institutionalizing Competitive Neutrality Through Absolute Separation Doctrines: An ASEAN Comprehensive Comparative Study ]]>
<![CDATA[Siti Kamilatuz Zahra]]>
<![CDATA[ Siyasah Dusturiyah: State Law Review Vol. 1 No. 4 (2026): Siyasah Dusturiyah: State Law Review ]]>
Publisher : <![CDATA[Yayasan Cahaya Generasi Positif ]]>
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DOI: 10.65101/0jm96p15
<![CDATA[This article evaluates the legal implications of the recent institutional transformation from the Ministry of State Owned Enterprises to the Regulatory Agency in Indonesia under Law Number 16 of 2025. Employing normative legal research alongside comparative analysis with Khazanah in Malaysia and Temasek in Singapore, this study dissects the persistent structural conflict between public regulatory functions and commercial ownership rights. Findings explicitly reveal that the new agency framework remains a superficial administrative illusion that completely fails to mitigate agency costs. By consolidating regulatory and shareholder powers within a single entity, the reform perpetuates corporate identity crises and severely undermines the Business Judgment Rule protections for state corporate directors. Consequently, to achieve genuine competitive neutrality and absolute managerial autonomy, this article proposes adopting a radical twin track model. This progressive framework necessitates delegating regulatory authority to technical ministries while permanently transferring commercial state ownership to a fully independent super holding company.]]>
<![CDATA[Institutionalizing Green Competition Parameters within Contemporary Indonesian Transnational Corporate Merger Control Doctrines ]]>
<![CDATA[Nur Halizah Putri]]>
<![CDATA[ Siyasah Dusturiyah: State Law Review Vol. 1 No. 4 (2026): Siyasah Dusturiyah: State Law Review ]]>
Publisher : <![CDATA[Yayasan Cahaya Generasi Positif ]]>
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DOI: 10.65101/ttzdye21
<![CDATA[This study analyzes the disparity in environmental, social, and governance due diligence enforcement within transnational corporate restructurings between Indonesia and Singapore, evaluating its profound impact on foreign direct investment certainty. Utilizing a doctrinal legal methodology with comparative and conceptual approaches, this research systematically investigates the normative friction between mandatory frameworks in Singapore and fragmented regulations in Indonesia. The findings reveal that the corporate legal architecture of Indonesia, particularly the reduction of sustainability metrics to mere corporate philanthropy under the Company Law, alongside the complete absence of green antitrust parameters in merger controls, creates severe legal uncertainty. This regulatory vacuum directly exposes investors to greenwashing and hidden financial risks. Consequently, this article proposes a statutory reconstruction grounded directly in the Green Constitution paradigm. Transforming voluntary metrics into mandatory due diligence within corporate restructuring is an absolute necessity to protect all transnational investors, optimize investment climates, and ensure long term ecological sustainability.]]>
<![CDATA[Tax Sovereignty and Administrative Justice: The Matching Principle Under Islamic Constitutional Law ]]>
<![CDATA[Rizki Yuan Anggreni]]>;
<![CDATA[Moh. Ridwan Landipo]]>;
<![CDATA[Sahaya Payapo]]>
<![CDATA[ Siyasah Dusturiyah: State Law Review Vol. 1 No. 5 (2026): Siyasah Dusturiyah: State Law Review ]]>
Publisher : <![CDATA[Yayasan Cahaya Generasi Positif ]]>
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DOI: 10.65101/y0efv765
<![CDATA[The systematic bureaucratic disallowance of the matching principle in corporate taxation creates profound normative tension between sovereign revenue optimization and administrative justice. This manipulative practice distorts corporate financial realities by accelerating revenue recognition while arbitrarily deferring deductible employee compensation, constituting a manifest abuse of administrative discretion. This study aimed to rigorously deconstruct this fiscal asymmetry and formulate an equitable harmonization model. Employing a normative dogmatic methodology integrated with a comparative constitutional approach, this research juxtaposed modern legal protections against classical taxation doctrines within Islamic constitutional law. The analysis revealed that the state's asymmetrical interpretation structurally violates the principle of equality before the law. Comparatively, Islamic jurisprudence dictates that the state must deduct operational sacrifices prior to wealth exaction. By synchronizing corporate tax deductibility with Islamic equitable parameters, this novel framework prescribes a transnational legal model that effectively curtails bureaucratic arrogance and secures fundamental material certainty for commercial entities operating globally.]]>
<![CDATA[The Legal Politics of the Establishment and Governance of the National Nutrition Agency ]]>
<![CDATA[M. Reza Saputra]]>;
<![CDATA[Sofyan Piyo]]>;
<![CDATA[Yassine Chami]]>
<![CDATA[ Siyasah Dusturiyah: State Law Review Vol. 1 No. 5 (2026): Siyasah Dusturiyah: State Law Review ]]>
Publisher : <![CDATA[Yayasan Cahaya Generasi Positif ]]>
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DOI: 10.65101/jm1t1d15
<![CDATA[The establishment of the National Nutrition Agency as a massive budget entity through Presidential Regulation triggers constitutional anomalies by disregarding legislative hierarchy and expertise meritocracy. This doctrinal legal research deconstructed executive legal politics pathology and government ethics implications using conceptual parameters, structural regulation, and comparative constitutional law. The analysis conclusively proves that founding giant institutions without constitutional delegation represents executive dominance paralyzing power limitation mechanisms, while institutional legitimacy is engineered through parliamentary budget pragmatism. Lacking meritocratic instruments that prevent medical nonexpert leadership appointments demonstrably creates epistemological dissonance, triggers jurisdictional disharmony, and fatally degrades public health safety standards. This study asserts that mass nutrition interventions fundamentally require absolute comprehensive institutional restructuring. This research offers prescriptive novelty by recommending an independent medical oversight committee under legislative frameworks to secure accountability systems, critically enriching global constitutionalism discourses regarding contemporary administrative law resilience and public health governance for universal social welfare policy formulations internationally.]]>
