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Sandy Wijaya
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Jl. Prof. K. H. Zainal Abidin Fikri No.Km.3, RW.05, Pahlawan, Kec. Kemuning, Kota Palembang, Sumatera Selatan 30126
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INDONESIA
ELQONUN: Jurnal Hukum Ketatanegaraan
Published by Universitas Islam Negeri Raden Fatah Palembang
ISSN : 30252202     EISSN : 3025219     DOI : -
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice Social Sciences
ELQONUN: Journal of Constitutional Law is published twice a year (June and December) by the Faculty of Sharia and Law, Raden Fatah State Islamic University Palembang [E-ISSN 3025-2199/P-ISSN 3025-2202] since 2023. Elqonun consistently focuses on Constitutional Law and Islamic Constitutionalism as its primary academic research areas. To date, through a fair double-blind peer-review process, Elqonun has consistently published research/studies related to these fields across various dimensions and approaches. Its subjects encompass textual and field studies with multiple perspectives. Initially, the Elqonun journal served only as a scientific forum for lecturers and students at the Faculty of Sharia and Law, Raden Fatah State Islamic University, Palembang. However, as it developed, the journal successfully invited academics and researchers outside Raden Fatah State Islamic University, Palembang to contribute. Elqonun is a member of Crossref, so all articles have a unique DOI number. Authors wishing to submit their manuscripts must adhere to the writing guidelines. If the submitted manuscript does not comply with the guidelines or is written in a different format, it will be rejected by the editor before further review. The editor will only accept manuscripts that comply with the specified format.
Arjuna Subject : Umum - Umum
Articles 38 Documents
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The Humanistic Form of Law in the Role of the Police and the Prosecutor's Office in the Implementation of Restorative Justice Armasito Armasito; Nanda Nurul Farodiyah
ELQONUN: HUKUM KETATANEGARAAN ISLAM Vol 3 No 2 (2025): ELQONUN: Jurnal Hukum Ketatanegaraan
Publisher : Fakultas Syariah dan Hukum UIN Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/elqonun.v3i2.31818

Abstract

Restorative Justice one of the efforts to reform Indonesian criminal law in recent years has begun to resonate in courtrooms, emphasizing the restoration of the original state between perpetrators, victims, and the community, rather than simply punishment. Restorative justice's aims sound noble, as a “revolutionary” and collaborative policy, but its implementation in practice often falls short of its theoretical rosy. Restorative justice is a sweet promise, but the reality is not always ideal. The police and prosecutors, as subsystems of the criminal justice system, are competing to implement it. What is the role of the prosecutors and police in implementing restorative justice? It is urgent to explore this using a normative legal research approach, based on qualitative data analyzed from legal materials. Restorative justice is implemented through the process of terminating investigations and inquiries in the police and prosecutors' offices, in the form of a decree terminating prosecution. The application of restorative justice embodies a more humane approach to law enforcement; restorative justice is a solution, not an illusion, for justice itself.
The Legal Framework and Governance Challenges of Sovereign Wealth Funds in Indonesia: A Comparative Study of Danantara and the Indonesia Investment Authority Deva Nabilah; Benny Sultan; Deva Yulinda; Muhammad Izzi
ELQONUN: HUKUM KETATANEGARAAN ISLAM Vol 3 No 2 (2025): ELQONUN: Jurnal Hukum Ketatanegaraan
Publisher : Fakultas Syariah dan Hukum UIN Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/elqonun.v3i2.32041

Abstract

Indonesia is undergoing a major transformation in its sovereign investment management through the establishment of two key entities: the Indonesia Investment Authority (INA) and Danantara. While both were established with the aim of strengthening long-term economic performance and increasing public and international investment, various challenges related to good governance have emerged—such as political interference, lack of transparency, potential conflicts of interest, and weak legal oversight. This study aims to conduct a comparative analysis of the institutional structures and legal frameworks of INA and Danantara, and to evaluate the extent to which their practices adopt the principles of good governance (including accountability, transparency, effectiveness, the rule of law, and public participation). The research method is a normative qualitative approach with juridical-documentary studies and interviews with relevant stakeholders, as well as comparative analysis between institutions. The research results are expected to identify gaps between regulations and field practices, highlight key risks in the management of sovereign wealth funds in Indonesia, and provide policy recommendations to strengthen accountability and oversight mechanisms, increase transparency, and strengthen the independence of sovereign investment institutions. This research contributes to the literature on SWF governance and state administration and provides a policy foundation for sustainable institutional improvement.
Reconstruction of the Paradigm of State Land Tenure After the Constitutional Court Decision 181/PUU-XXII/2024 Ulul Albab; Aura Pasharellla; Cinta Afifah Farid; Dwi Wirayudha; Dzikri Al Ghifari
ELQONUN: HUKUM KETATANEGARAAN ISLAM Vol 4 No 1 (2026): ELQONUN: Jurnal Hukum Ketatanegaraan
Publisher : Fakultas Syariah dan Hukum UIN Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/elqonun.v4i1.33913

Abstract

This article examines the paradigm shift in state land governance, with a special focus on agrarian-forestry management in relation to indigenous peoples, in accordance with the Constitutional Court Decision No. 181/PUU-XXII/2024. Using a reflective-normative juridical approach, this study identifies a fundamental transformation in the interpretation of State Control Rights, shifting from a dominium-based model to an agrarian framework oriented towards public trust. Theoretically, this research contributes by formulating the concept of Agrarian Public Trust as a synthesis between the HMN doctrine and the public trust doctrine, repositioning the state as a trustee rather than the absolute owner of natural resources. Normatively, this study shows that the interpretation of the Constitutional Court mandates a reconfiguration of the legal relationship between the state and indigenous peoples, especially by recognizing subsistence-based customary practices as constitutional protection and by limiting the use of criminal sanctions in agrarian-forestry governance. Furthermore, this study provides concrete institutional recommendations, including: (1) harmonization of agrarian and forestry regulations through an integrated legal framework that is in line with the principles of public trust; (2) the establishment of a National Coordinating Board for Agrarian Governance to unify data, policies, and dispute resolution mechanisms; and (3) the creation of a special trust-based institution for the recognition, verification, and protection of customary territories. These measures are essential to ensure legal certainty, prevent criminalization, and advance substantive agrarian justice in Indonesia.
Judicial Policy in Indonesia and Efforts to Strengthen the Rule of Law with Justice Muhammad Maghfur Agung; Eza Tri Yandy; Sarkowi
ELQONUN: HUKUM KETATANEGARAAN ISLAM Vol 4 No 1 (2026): ELQONUN: Jurnal Hukum Ketatanegaraan
Publisher : Fakultas Syariah dan Hukum UIN Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/elqonun.v4i1.34672

Abstract

Judicial legal policy in Indonesia is an integral part of the dynamics of the formation, implementation, and reform of the national judicial system, which is based on the principles of justice, legal certainty, and the public interest. This study aims to analyze the direction and trends of legal policy in the judicial sector, including its impact on the independence of judicial institutions, access to justice, and the integrity of law enforcement. Using a normative legal method and a historical-comparative approach, this study finds that judicial legal policy in Indonesia is often influenced by the configuration of state power, political dynamics, and socio-economic pressures. Post-reform judicial reforms have brought significant changes, such as the establishment of the Judicial Commission, an integrated information technology-based judicial system, and a push for a clean and transparent judiciary. However, serious challenges remain, including political intervention, judicial corruption, and disparities in access to justice in regional areas. Therefore, the future direction of judicial legal policy must prioritize strengthening the rule of law, protecting human rights, and ensuring the independence of judicial institutions free from the interests of those in power.
Living Procedural Law in the Constitutional Court: Tension Between Written Norms and Courtroom Practices M Rizqy Yudha Hariansyah; Innalinsa; Mark Tushnet; Izomiddin
ELQONUN: HUKUM KETATANEGARAAN ISLAM Vol 4 No 1 (2026): ELQONUN: Jurnal Hukum Ketatanegaraan
Publisher : Fakultas Syariah dan Hukum UIN Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/elqonun.v4i1.34834

Abstract

The Constitutional Court, as the guardian of the constitution, adjudicates various types of cases, including disputes over the authority of state institutions and judicial review. In practice, its procedural law has developed not only from statutory provisions and Constitutional Court Regulations, but also from courtroom practices that generate new procedural norms. This phenomenon creates a tension between formally codified procedural law and practice-based norms, referred to as living procedural law, reflecting the view that law evolves through institutional practice and judicial behavior. This study aims to examine the legitimacy of courtroom practices as a source of procedural law and to analyze their implications for legal certainty and consistency in constitutional adjudication. The research employs a normative juridical method with a comparative and case-based approach, comparing types of cases (PUU and SKLN) and periods of decisions. Cases are selected purposively based on procedural innovation or deviation from written norms. The results show that living procedural law emerges through judicially developed filing deadlines, admissibility standards, expanded electronic procedures, and flexible interpretations of legal standing. These practices lead to inconsistencies in procedural application, affecting predictability and legal certainty. This study concludes that a controlled hybrid approach, combining selective codification with limited judicial flexibility, is necessary to balance adaptability, consistency, and procedural legitimacy.
Judicial Commission and Wilayat Al-Mazalim: A Comparative Study on The Independence of Judicial Sultan Ahmad A'thoillah; M. Afiq Zamzami Mawardi; Weldani Zahira; Rina Antasari
ELQONUN: HUKUM KETATANEGARAAN ISLAM Vol 4 No 1 (2026): ELQONUN: Jurnal Hukum Ketatanegaraan
Publisher : Fakultas Syariah dan Hukum UIN Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/elqonun.v4i1.34851

Abstract

This study addresses the limitations of the Judicial Commission in Indonesia in exercising effective judicial oversight, particularly due to its restricted constitutional authority in supervising judges’ conduct and maintaining judicial integrity. The research compares the Judicial Commission within Indonesia’s constitutional framework with the institution of Wilayat al-Mazalim in the classical Islamic legal tradition to explore alternative concepts of independent judicial oversight. This study aims to analyze the relevance of Wilayat al-Mazalim in strengthening the role and authority of the Judicial Commission in contemporary judicial governance. Using a qualitative method with a normative-comparative approach, the study examines and compares the two institutions in terms of authority, institutional legitimacy, supervisory functions, and mechanisms of accountability through library research involving constitutional regulations, legal scholarship, and classical Islamic legal literature, including al-Mawardi’s Al-Ahkam al-Sultaniyyah. The findings reveal that both institutions share fundamental principles of justice, ethical supervision, and accountability in judicial conduct. However, Wilayat al-Mazalim possessed broader judicial and executive authority under the caliphal system, while the Judicial Commission functions within constitutionally restricted supervisory powers that limit its enforcement capacity. The novelty of this study lies in its integration of classical Islamic constitutional thought into contemporary discourse on judicial reform in Indonesia. The study concludes that the principles embodied in Wilayat al-Mazalim may provide a conceptual foundation for strengthening the authority and effectiveness of the Judicial Commission in promoting judicial accountability and enhancing public trust in the judiciary.
Optimization of Financial Management Policies in Public Service Agencies: Improving Efficiency and Accountability Based on State Treasury Law Ahmad Habibi Rosadi; Dyah Rahmawati; Paisol Burlian
ELQONUN: HUKUM KETATANEGARAAN ISLAM Vol 4 No 1 (2026): ELQONUN: Jurnal Hukum Ketatanegaraan
Publisher : Fakultas Syariah dan Hukum UIN Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/elqonun.v4i1.34858

Abstract

Financial management in Public Service Agencies (BLUs) demands a critical balance between operational flexibility and strict adherence to governance standards. While the State Treasury Law mandates foundational principles such as transparency, accountability, and efficiency, practical implementation frequently stalls due to systemic oversight gaps and capacity deficits. This study aims to analyze and construct advanced optimization strategies for BLU financial management, moving beyond basic compliance to resolve persistent inefficiencies. Employing a doctrinal research method, this study evaluates legal norms, theories, and relevant policy documents. Diverging from conventional approaches, this study argues that genuine financial optimization in BLUs requires a structural paradigm shift from passive administrative compliance to an active, risk-mitigated governance ecosystem. The findings assert that operationalizing the State Treasury Law necessitates the mandatory integration of real-time digital financial tracking systems, which supersede traditional retrospective reporting by automating budget control and minimizing human error. Furthermore, the study identifies that institutional accountability must be aggressively enforced through the establishment of independent whistleblowing systems and comprehensive financial risk management policies to proactively manage market fluctuations and deter authority abuse. To ensure execution, the research highlights that human resource development must transcend generic training by embedding strict, performance-based incentive frameworks directly tied to established efficiency targets. The novelty of this research lies in formulating an integrated, tech-driven policy framework that legally and operationally binds BLU flexibility with stringent, proactive oversight mechanisms dictated by the State Treasury Law. Ultimately, enforcing these specific, targeted mechanisms will allow BLUs to secure robust financial accountability and operational efficiency, thereby fundamentally elevating the quality of public service delivery.
Strengthening The Checks and Balances System in The Constitutional Structure After The Amendments to The 1945 Constitution Akbar Rizqo; Fenita Lara Bheta; M. Roslan Mohd Nor; Afrizal Adi Saputra
ELQONUN: HUKUM KETATANEGARAAN ISLAM Vol 4 No 1 (2026): ELQONUN: Jurnal Hukum Ketatanegaraan
Publisher : Fakultas Syariah dan Hukum UIN Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/elqonun.v4i1.34877

Abstract

This study analyzes the strengthening of the checks and balances system within Indonesia’s constitutional structure after the amendments to the 1945 Constitution. The research focuses on the imbalance of authority among state institutions, particularly the expansion of executive influence over the legislative process and the limited effectiveness of institutional oversight mechanisms. These conditions indicate a legal gap in the practical implementation of checks and balances despite formal constitutional arrangements. This study employs normative legal research with statutory and conceptual approaches, using primary, secondary, and tertiary legal materials obtained through literature review. The findings show that although constitutional amendments have clarified the distribution of powers among the legislative, executive, and judicial branches, challenges persist in the form of overlapping authorities, weak supervisory functions, and political intervention in institutional relations. The role of the Constitutional Court has been significant in maintaining constitutional supremacy; however, its authority has not fully addressed systemic imbalances. This study offers a conceptual contribution by emphasizing the need to strengthen institutional oversight, refine the separation of powers, and develop a constitutional culture to ensure a more effective checks and balances system in Indonesia.

Page 4 of 4 | Total Record : 38

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