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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 49 Documents
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Reconstruction of Legal Certainty and Local Government Discretionary Authority in MSME Empowerment Robbi Wildanul Ula
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/b4601t48

Abstract

Micro, Small, and Medium Enterprises face acute structural vulnerabilities because rigid formal positivism and the Online Single Submission regime under Government Regulation Number 28 of 2025 fail to provide effective preventive legal protections. This study employed an empirical legal methodology, examining statutory frameworks, philosophical doctrines, and administrative friction. The findings reveal that nationwide licensing simplification, when divorced from local preventive architecture, generates severe legal uncertainties and penalizes grassroots enterprises under automated compliance mechanisms. Consequently, substantive justice is compromised for procedural fetishism. To resolve this pathological gap, this research argues that local government discretionary authority must be actively operationalized as an instrument of social engineering. Grounded in Mochtar Kusumaatmadja’s Theory of Development Law, proactive administrative safeguards and accountable local policies bridge regulatory vacuums, transforming the legal framework from a punitive instrument into a sustainable infrastructure empowering grassroots economic competitiveness within the national digital economic transformation era of modern legal governance systems.
State Sovereignty and Global Tax Governance: The Integration of Islamic Distributive Justice within International Economic Law Anang Ma’ruf; Fitrah Khairunnas
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/prrmy018

Abstract

The structural expansion of the digital economy precipitates a severe normative crisis within international economic law by eroding territorial fiscal sovereignty and entrenching base erosion and profit shifting. Current global tax governance spearheaded by the Organisation for Economic Co-operation and Development exhibits an acute distributive justice deficit, disproportionately subordinating market jurisdictions in the Global South under asymmetric soft law compromises while secular redistributive frameworks remain conceptually deadlocked. This study critically investigated the epistemic clash between state sovereignty and multilateral digital taxation, evaluating whether non-Western constitutional ethics can rectify these structural imbalances. Employing a doctrinal legal research methodology integrated with conceptual and statutory approaches, this research scrutinized contemporary multilateral treaty drafts alongside domestic responsive statutes through deductive syllogism. The analysis revealed that the Two-Pillar architecture systematically marginalizes developing economies by restricting reallocation to fractional residual profits and coercively invalidating legitimate unilateral digital levies. Furthermore, the findings established that Islamic constitutional jurisprudence—specifically through public fiscal governance doctrines and the overarching tenets of Islamic law—furnishes an imperative normative foundation to overcome this impasse. Rather than operating as private ritualistic philanthropy, principles forbidding wealth concentration and manipulative transactional ambiguities legally invalidate structural market exploitation. Consequently, this study definitively asserts that integrating Islamic distributive justice into binding multilateral conventions transforms global taxation from an instrument of neoliberal capital retention into an enforceable mechanism of equitable economic redistribution. Prescriptively, this epistemological integration establishes legitimate legal defenses for developing market states to preserve jurisdictional sovereignty, eradicate predatory tax competition, and guarantee universal welfare.
Mitigating Secured Creditors Hegemony Through Judicial Moratoriums for Corporate Rescue Within ASEAN Heriyanto Heriyanto; M. Nur Alamsyah
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/e3xwn283

Abstract

This research examines the legal antinomy between the absolute execution rights of secured creditors under Article 55 paragraph (1) of the Bankruptcy Law and the unity of bankruptcy principle within Limited Liability Companies. This normative clash triggers systemic issues because unilateral core asset withdrawal by financial institutions destroys the corporate going concern value and violates distributive justice for unsecured creditors. Utilizing normative legal research with conceptual, statutory, and comparative approaches to corporate rescue regulations in Singapore and Malaysia, this study finds that these comparative jurisdictions successfully mitigate secured creditor hegemony through judicial moratoriums and public interest exceptions. Therefore, this article recommends a normative synchronization through the reinterpretation of secured rights from absolute physical control into strict financial priority over liquidation proceeds. This transformation necessitates expanding the discretionary authority of the Supervisory Judge to precisely suspend core asset execution, ensuring optimal value maximization of the bankruptcy estate for all participating creditors.
Reconstructing Legal Protection for MSMEs Utilizing Artificial Intelligence within Digital Economy Ecosystems Andri Herman Setiawan; Heriyanto Heriyanto; Karya Suhada
Siyasah Dusturiyah: State Law Review Vol. 2 No. 2 (2026): Siyasah Dusturiyah: State Law Review
Publisher : Yayasan Cahaya Generasi Positif

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65101/jptftc35

Abstract

The exponential integration of artificial intelligence within digital economies exacerbates normative asymmetry, rendering classical tort liability doctrines obsolete against algorithmic governance. This study interrogated the regulatory vacuum of Indonesian ethical soft law guidelines utilizing a prescriptive doctrinal methodology and comparative statutory approach against robust European frameworks. The analysis revealed that standard form contracts systematically weaponize contractual freedom, enabling tech monopolies to extract data yields while externalizing operational risks onto vulnerable micro, small, and medium enterprises. To rectify this systemic disparity without stifling exogenous innovation, this article constructs a comprehensive legal protection framework. By institutionalizing the doctrine of distributed accountability, this novel architecture mandates upstream algorithmic auditing and downstream safe harbor protections. Ultimately, embedding transparent compliance mechanisms directly into positive law ensures that digital transformation serves as an equitable engine for domestic economic empowerment rather than a conduit for unregulated monopolistic hegemony across the rapidly expanding global interconnected modern commercial ecosystems.
Icelandic and Thai Rural Hybrid Law: Leveraging Local Creativity for Global Diplomacy Nadila Putri Shenindita; Beatrice de Graa
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/gx67sr76

Abstract

Indonesian statutory conferral of absolute corporate personhood upon rural enterprises, conspicuously lacking codified fiduciary constraints, precipitates severe normative asymmetry and systemic agency pathology. This legal study utilized a functional comparative methodology to investigate the jurisprudential paradox neutralizing grassroots creative diplomacy. The central thesis asserts that weaponizing the corporate liability shield without rigorous distributed accountability structurally incubates elite capture and asset commingling. Consequently, this research proposes a novel hybrid legal framework that systematically integrates the organizational agility of Thai unincorporated community models with the strategic regulatory architecture of Icelandic cultural exports. The operationalized findings demonstrate that mandating statutory triggers for piercing the corporate veil, combined with exogenous supervision, successfully overrides localized bureaucratic subordination. This doctrinal reconfiguration provides a vital prescriptive paradigm, ensuring domestic corporate governance achieves the stringent international compliance necessary to transform rural cultural capital into formidable sovereign soft power capable of advancing global creative diplomacy across modern international landscapes.
Beyond the Grundnorm: Pancasila as the Staatsfundamentalnorm dan the Jurisprudence of Dignified Justice in Indonesia Taufiq Musa; Roby Awwaluddin
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: 10.65101/377bdm91

Abstract

The dialectical tension between Indonesia's civil law heritage and its theistic constitutional foundation engenders profound normative asymmetry within modern judicial adjudication. While comparative literature frequently mischaracterizes Pancasila as a vague political postulate, this doctrinal research evaluated constitutional hermeneutics to resolve systemic legal disparities. Utilizing statutory, conceptual, and jurisprudential approaches, the study critically dissected landmark Constitutional Court rulings. The analysis establishes that Pancasila fundamentally transcends hypothetical norms, functioning instead as a concrete state fundamental norm that legally codifies the nation's architectural morality. We argue that the judiciary operationalizes this framework through a uniquely religious hermeneutic, categorically rejecting secularist human rights paradigms in favor of structures subordinating specific civil liberties to religious orthodoxy. Furthermore, although the Court occasionally champions deliberative democratic procedures against reckless legislative drafting, recent politically compromised rulings on electoral thresholds demonstrate a severe collapse in constitutional ethics. This exposes the acute vulnerability of jurisprudential structures to unchecked majoritarian power and systemic elite capture. To mitigate exogenous shocks, including foreign legal transplantation and the unregulated encroachment of algorithmic governance, this study prescribes the Dignified Justice Theory as an operational mechanism for normative recalibration. Ultimately, this paradigm mandates embedding prophetic integrity into statutory genesis and continuously enforcing strict judicial restraint. By demonstrating how a theistic framework effectively governs a modern legal apparatus, this research offers a highly novel jurisprudential blueprint for hybrid constitutional systems seeking to preserve substantive democratic legitimacy amidst relentless global disruption and rapid contemporary digital transformation processes across the broader international comparative legal landscape for future academic inquiries.
Analyzing Artificial Intelligence Legal Ethics: Global Justice Perspectives in the Digital Era Ari Wahyudi
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/mxzsx259

Abstract

The rapid integration of artificial intelligence into global judicial systems presents profound ethical and legal challenges. This research investigates the impact of algorithmic opacity and systemic bias on substantive justice, specifically emphasizing the technological divide between the Global North and South. Utilizing normative legal research with comparative and philosophical approaches, this study synthesizes Rawlsian justice principles, capability frameworks, and local Pancasila values. The analysis reveals that unregulated artificial intelligence deployment directly threatens human rights and exacerbates digital imperialism by marginalizing developing nations. To achieve sustainable global justice, the findings advocate for a crucial paradigm shift toward human centered governance. Strategic solutions include formulating inclusive multilateral policies, mandating strict algorithmic transparency, empowering digital sovereignty, and establishing comprehensive national regulations. Ultimately, rigorous ethical oversight must remain paramount over mere computational efficiency to ensure that artificial intelligence serves as an equitable instrument for empowering humanity instead of widening existing social disparities worldwide today.
Digital Constitutionalism and the Algorithmic Apex: A Neo-Siyasah Reconstruction of Judicial Independence Muhamad Sodik; Fajar Fajar
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/wcxejn79

Abstract

The integration of artificial intelligence into the Constitutional Court of Indonesia precipitates an acute ontological crisis, exposing a severe regulatory vacuum where algorithmic "black box" heuristics directly threaten the doctrine of judicial independence and the constitutional guarantee of due process of law. Prior digital constitutionalism literature predominantly remains trapped in a dichotomy of technocratic capitulation or secular rejection, neglecting the intersection of algorithmic governance with Islamic constitutional epistemology (Siyasah Dusturiyah). This doctrinal research reconstructed the parameters of judicial autonomy by synthesizing digital constitutionalism with the Neo-Siyasah framework. Utilizing conceptual, statutory, and comparative approaches, the study systematically analyzed domestic jurisprudence and global AI regulatory architectures. The findings conclusively establish that delegating adjudicative reasoning to predictive algorithms introduces untraceable normative asymmetry, constituting manipulative uncertainty (Gharar) that fatally undermines substantive justice (Adalah). To preserve cognitive sovereignty, this article introduces the doctrine of Siyasah Digital Constitutionalism, asserting that judicial independence must necessarily transcend traditional executive separation to explicitly include technological autonomy. Consequently, the research mandates the strict operationalization of a hierarchical "Centaur Model," relegating AI exclusively to auxiliary administrative functions while preserving moral constitutional interpretation (Hikmah and Rahmah) as the absolute, non-delegable prerogative of the human justices. Furthermore, the study demands the institutionalization of a "Digital Hisbah," an independent algorithmic audit apparatus, to continuously enforce transparent computational accountability against corporate tech monopolies. Ultimately, this novel theoretical synthesis provides a universally adaptable structural blueprint for apex courts globally, ensuring that technological modernization never subjugates the fundamental human dignity and moral accountability inherent in constitutional adjudication.
Disseminating Constitutional Rights and Obligations to Students at SMKN 7 Pandeglang Dede Ika Murofikoh; Uswatun Hasanah
Siyasah Dusturiyah: State Law Review Vol. 2 No. 2 (2026): Siyasah Dusturiyah: State Law Review
Publisher : Yayasan Cahaya Generasi Positif

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65101/faj9zx48

Abstract

The systemic disconnect between constitutional guarantees and vocational education paradigms creates a critical blind spot, producing skilled workers highly vulnerable to severe labor exploitation. This research examined student constitutional comprehension and evaluated a participatory legal empowerment model utilizing a sociolegal approach alongside experiential learning interventions. The findings reveal that vocational students possess superficial textual civic knowledge, thoroughly ignoring fundamental socioeconomic rights and holistic moral obligations. In response, implementing direct labor rights simulations and digital gamification effectively dismantles traditional dogmatic pedagogy. The central thesis asserts that contextualizing constitutional rights within occupational frameworks is not merely supplementary but functions as an essential structural shield against workplace oppression. This study advances the living constitutional law doctrine by proving that participatory legal empowerment transforms technical education into a robust defense mechanism, offering a prescriptive global blueprint for cultivating patriotically resilient professionals who consciously uphold progressive democratic values across modern industrial societies worldwide without exception.

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