As-Siyasi : Journal of Constitutional Law最新文献

The Shifting in the Legal Politics of Regulating the General Principles of Good Governance in Indonesian Legislation 印尼立法规范善治一般原则的法律政治变迁

As-Siyasi : Journal of Constitutional Law Pub Date : 2023-06-28 DOI: 10.24042/as-siyasi.v3i1.14970

Muhammad Addi Fauzani

{"title":"The Shifting in the Legal Politics of Regulating the General Principles of Good Governance in Indonesian Legislation","authors":"Muhammad Addi Fauzani","doi":"10.24042/as-siyasi.v3i1.14970","DOIUrl":"https://doi.org/10.24042/as-siyasi.v3i1.14970","url":null,"abstract":"Prior to the enactment of Law Number 30 of 2014 concerning Government Administration, the regulation of the General Principles of Good Governance (AAUPB) was abstract in nature. With the explicit mention of AAUPB in this new Administrative Law, it is intriguing to examine it from a legal and political perspective and consider its legal consequences. This article aims to analyse the form legal political shift in the regulation of AAUPB in Indonesia and the resulting legal consequences. This study is normative juridical research using a legislative approach. The findings reveal that, first, the shift in the legal politics of AAUPB in Indonesia occurred with the issuance of Law Number 30 of 2014 concerning Government Administration. The Law Number 30 of 2014 concerning Government Administration shifted the legal politics of AAUPB, as there is a normativization in the form of AAUPB regulation in the article. Secondly, the legal consequences of the shift in the legal politics of AAUPB in Indonesia are as follows: a) the status of the principle becomes a concrete legal norm; b) it facilitates courts in judging an action of administrative officials; c) it eases the control of administrative actions; d) it simplifies public control; e) it emphasises the need for supervision of official actions; f) it guarantees civil rights through the enforcement of AAUPB; g) it prevents governmental arbitrariness .","PeriodicalId":252033,"journal":{"name":"As-Siyasi : Journal of Constitutional Law","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132664128","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Yazidi Genocide in the Court of Frankfurt an Analytical Legal Study on The Case of Taha Al-Jumaili 法兰克福法院对雅兹迪人的种族灭绝——对塔哈·朱马利案的法律分析研究

As-Siyasi : Journal of Constitutional Law Pub Date : 2023-06-25 DOI: 10.24042/as-siyasi.v3i1.16724

A. Ahmed

{"title":"The Yazidi Genocide in the Court of Frankfurt an Analytical Legal Study on The Case of Taha Al-Jumaili","authors":"A. Ahmed","doi":"10.24042/as-siyasi.v3i1.16724","DOIUrl":"https://doi.org/10.24042/as-siyasi.v3i1.16724","url":null,"abstract":"The Yazidis are one of the oldest ethnic and religious communities originating from the Middle East. The majority of Yazidis reside in northwestern Iraq, in the areas around Mount Shingal and the Shekhan district. Throughout their history, Yazidis have faced genocide and many international crimes, most notably the 2014 Genocide by the Islamic State in Iraq and Syria (hereafter referred to as ISIS or IS), which had a significant international impact. The United Nations has recognised these atrocities as genocide in several of its reports. Moreover, several ISIS perpetrators have been prosecuted in various states. However, the verdict of the Frankfurt regional high court in Germany (hereinafter referred to as the Frankfurt Court) to sentence Taha Al-Jumaili is considered the first decision acknowledging crimes against Yazidis as genocide based on absolute universal jurisdiction and, from a legal perspective, as a result of intensive efforts. This research aims to conduct a clear legal evaluation of the Frankfurt court's decision to sentence Taha Al-Jumaili and compare it with internationally recognised criminal law standards. The method used is a legal analysis method to examine the relevant international conventions, laws, and court rules. The research findings indicate that the aforementioned decision has a valuable legal basis, as the Frankfurt Court, in its decision, concluded that Genocide can be committed by killing just one person if the legal conditions of Genocide exist in the crime, which they did in the case of Taha Al-Jumaili. In this sense, a genocide crime can be committed by killing a single person. Taha Al-Jumaili's criminal liability was the murder of a Yazidi girl, and he received a life sentence as a Genocide criminal. This sentence is in line with internationally recognised criminal law standards.","PeriodicalId":252033,"journal":{"name":"As-Siyasi : Journal of Constitutional Law","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114532852","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Recentralization of Regional Authority: Legal Implications of the Enactment of Emergency Law Number 2 of 2022 on Job Creation in Regional Autonomy 区域权力重新集中:颁布关于在区域自治中创造就业的2022年第2号紧急法的法律影响

As-Siyasi : Journal of Constitutional Law Pub Date : 2023-06-25 DOI: 10.24042/as-siyasi.v3i1.16484

M. A. Maulidi

{"title":"Recentralization of Regional Authority: Legal Implications of the Enactment of Emergency Law Number 2 of 2022 on Job Creation in Regional Autonomy","authors":"M. A. Maulidi","doi":"10.24042/as-siyasi.v3i1.16484","DOIUrl":"https://doi.org/10.24042/as-siyasi.v3i1.16484","url":null,"abstract":"The Enactment of Emergency Law Number 2 of 2022 on Job Creation (Job Creation Emergency Law) brings significant juridical implications to the implementation of decentralisation in Indonesia. This research aims to analyse the form of recentralization policy in the Job Creation Emergency Law and the implications of the recentralization policy in the Job Creation Emergency Law on the implementation of regional autonomy in Indonesia. Employing a normative juridical research method, and conceptual and statutory approaches, this research concludes: firstly, there are at least three forms of recentralisation following this Emergency Law, including health policy based on Law Number 36 of 2009 concerning Health, repositioning of the status and relation of the central and regional governments related to the role of regional governments in implementing or establishing legislation which should be interpreted as the execution of presidential authority, and the centralisation of business licencing that shifts the mechanism and system of business licences to the centre; secondly, the emergency Law Number 2 of 2022 on Job Creation threatens the success of the implementation of regional autonomy. The success of regional autonomy, which can be measured by the independence of the regions in the sense of reduced dependency on the central government and the ability of the regions to enhance their economic capabilities, is increasingly jeopardised by the Job Creation Emergency Law, which substantially contains recentralization policy. However, in the context of business licencing, there exists an anomaly in the form of eased licencing expected by centralising the system and mechanisms, thus opening the tap to investment, which in turn will boost not only the national economy but also the economies of the regions where the businesses operate.","PeriodicalId":252033,"journal":{"name":"As-Siyasi : Journal of Constitutional Law","volume":"80 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114796035","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Halal Certification for Micro and Small Businesses in Bandar Lampung, Indonesia: An Evaluation from the Maslahah Perspective 印尼楠榜市微型和小型企业的清真认证:从Maslahah的角度进行评估

As-Siyasi : Journal of Constitutional Law Pub Date : 2023-06-23 DOI: 10.24042/as-siyasi.v3i1.16313

J. Jayusman, Efrinaldi Efrinaldi, Agustina Nurhayati, Shafra Shafra, Dwi Surya Ningsih

引用次数: 0

Siyāsah syar’iyyah and Its Application to Constitutional Issues in Indonesia Siyāsah syar 'iyyah及其在印尼宪法问题上的应用

As-Siyasi : Journal of Constitutional Law Pub Date : 2023-06-20 DOI: 10.24042/as-siyasi.v3i1.15710

M. Maimun, Dani Amran Hakim

{"title":"Siyāsah syar’iyyah and Its Application to Constitutional Issues in Indonesia","authors":"M. Maimun, Dani Amran Hakim","doi":"10.24042/as-siyasi.v3i1.15710","DOIUrl":"https://doi.org/10.24042/as-siyasi.v3i1.15710","url":null,"abstract":"Siyāsah syar’iyyah Islamic law politics) is a political doctrine in Islam based on revealed values (sharia), which in practise constructs state laws to regulate, control, manage, and administer the governance and politics of an Islamic nature. This aims to achieve welfare and avoid harm without violating the universal principles and provisions of sharia. This study aims to examine siyāsah syar’iyyah(Islamic law politics) towards constitutional issues in Indonesia. The method used is a literature study with a conceptual approach. Based on its nature, this research is descriptive, and the research data used is secondary. Based on the results of the study, it shows that siyāsah syar’iyyah is a type of siyāsah (Islamic law politics) constructed by the ruler (ulil amri). The formation of laws is based on religious moral values, which are applied to regulate life in society, nation, and state. Siyāsah syar’iyyah (Islamic law politics) can be a part of the application or implementation of constitutional issues in Indonesia that are ongoing, continuous, and will occur especially in the political year (2023-2024) as a barometer to assess whether these issues are categorized as Islamic (‘ādilah) or not (ẓālimah). For Indonesian Muslims in this contemporary era, siyāsah syar’iyyah has become a necessity","PeriodicalId":252033,"journal":{"name":"As-Siyasi : Journal of Constitutional Law","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115194959","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Institutional Design of the Corruption Eradication Commission (KPK) Post-Constitutional Court Decisions Number 70/PUU-XVII/2019 and Number 79/PUU-VII/2019 宪法法院第70/PUU-XVII/2019号和第79/PUU-VII/2019号决定后反腐败委员会的制度设计

As-Siyasi : Journal of Constitutional Law Pub Date : 2023-06-20 DOI: 10.24042/as-siyasi.v3i1.16947

M. Yasin, A. Arif

{"title":"Institutional Design of the Corruption Eradication Commission (KPK) Post-Constitutional Court Decisions Number 70/PUU-XVII/2019 and Number 79/PUU-VII/2019","authors":"M. Yasin, A. Arif","doi":"10.24042/as-siyasi.v3i1.16947","DOIUrl":"https://doi.org/10.24042/as-siyasi.v3i1.16947","url":null,"abstract":"Following the ratification of Law Number 19 of 2019 concerning the Corruption Eradication Commission, many parties were disappointed with the institutional design constructed in that law. Therefore, a judicial review was filed against the law with the Constitutional Court. This article aims to understand the institutional design of the Corruption Eradication Commission after the issuance of Constitutional Court Decisions Number 70/PUU-XVII/2019 and Number 79/PUU-VII/2019. In case Number 70/PUU-XVII/2019, the petitioner not only submitted a request for material testing but also a formal request, while in case Number 79/PUU-VII/2019, the petitioner only submitted a request for material testing. This paper seeks to answer two important questions: what are the legal consequences of Constitutional Court Decisions Number 70/PUU-XVII/2019 and Number 79/PUU-VII/2019? And what is the institutional design of the Corruption Eradication Commission following the issuance of Constitutional Court Decisions Numbers 70/PUU-XVII/2019 and Number 79/PUU-VII/2019? The study concludes that the consequences of these Constitutional Court decisions, including wiretapping, searches, and/or seizures carried out by the Corruption Eradication Commission, do not require permission from the Supervisory Board. The transition process of the Corruption Eradication Commission's employee status should not disadvantage anyone, and the two-year time calculation in case of investigation termination starts from the issuance of the Investigation Initiation Letter (SPDP). The institutional design of the Corruption Eradication Commission established after this decision includes the position of the Corruption Eradication Commission in the state institutional structure, the position of the Corruption Eradication Commission's employees, and the authority of the Corruption Eradication Commission's Supervisory Board.","PeriodicalId":252033,"journal":{"name":"As-Siyasi : Journal of Constitutional Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128991182","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Intensity of The Constitution According to Dustur Saudi Arabia 根据沙特阿拉伯的杜斯图尔，宪法的强度

As-Siyasi : Journal of Constitutional Law Pub Date : 2022-12-30 DOI: 10.24042/as-siyasi.v2i2.15186

Arlis Arlis, Neni Yuherlis

{"title":"The Intensity of The Constitution According to Dustur Saudi Arabia","authors":"Arlis Arlis, Neni Yuherlis","doi":"10.24042/as-siyasi.v2i2.15186","DOIUrl":"https://doi.org/10.24042/as-siyasi.v2i2.15186","url":null,"abstract":"Types of constitution in the perspective of Dustur Saudi Arabia is the main problem of the study. Article 1 of the Saudi Arabian State states that the State of Saudi Arabia is the daulah of Islamic Arabia, its religion is Islam, its constitution the Book of Allah Ta'ala and the Sunnah of His Messenger. The existing provisions show that the constitution according to Dustur Saudi Arabia is diverse, has dynamics and intensity. The purpose of the study is to uncover the intensity of the constitution. Normative legal research is used as a method with an approach to the substance and intensity of law. The results of the study revealed that the constitution according to Dustur Saudi Arabia has a great variety with superior intensity. The variety is Nizham Al-Asasi lil-Hukm, The Qur’an, the Sunnah, and the Median Constitution. This varieties have a very close and inseparable relationship. the al-Kitab is at the highest and strongest level, followed by the Sunnah, Dustur Medina, and Nizham Al-Asasi lil-Hukm. Saudi Arabia's dustur has an intensity that is in line with maqashid al-shari'ah which includes the protection of all aspects of world life and the hereafter. The novelty is the Book of Allah was the first and foremost written constitution in the world. The conclusion is that the intensity of the constitution according to the Dustur Saudi Arabia is very strong and highest level. The al-Kitab and the Sunnah are absolutely references in formulating, establishing, and implementing the constitution and all the rules.","PeriodicalId":252033,"journal":{"name":"As-Siyasi : Journal of Constitutional Law","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133957535","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Peranan Mahkamah Konstitusi dalam Mewujudkan Demokrasi Substantif pada Pemilu 2024 melalui Penegakan Hukum Progresif

As-Siyasi : Journal of Constitutional Law Pub Date : 2022-12-21 DOI: 10.24042/as-siyasi.v2i2.14948

Ahmad Sadzali

{"title":"Peranan Mahkamah Konstitusi dalam Mewujudkan Demokrasi Substantif pada Pemilu 2024 melalui Penegakan Hukum Progresif","authors":"Ahmad Sadzali","doi":"10.24042/as-siyasi.v2i2.14948","DOIUrl":"https://doi.org/10.24042/as-siyasi.v2i2.14948","url":null,"abstract":"The 2024 election should be a momentum towards substantive democracy. Unfortunately the decision of the Constitutional Court in 2022 regarding ministers or ministerial-level state officials not having to resign from their positions when running for president election, is considered to be a bad start to the 2024 election. This research questions how the Constitutional Court can take a role in realizing substantive democracy in Indonesia especially in the 2024 election? The method used in this study is normative legal research using a paradigmatic approach, namely progressive and historical law enforcement, namely examining previous decisions of the Constitutional Court. The results of the study conclude that the Constitutional Court should be able to take a role in realizing substantive democracy in one way through progressive law. In its history, the Constitutional Court has issued progressive decisions that support the realization of substantive democracy. Such as, for example, in the decision that eventually gave birth to a theory about general election violations, namely structured, systematic and massive (TSM) and decisions that allow the use of ID cards or passports to vote","PeriodicalId":252033,"journal":{"name":"As-Siyasi : Journal of Constitutional Law","volume":"52 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127486900","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Re-Eksistensi Tap MPR: Potret dalam Pembahasan dan Orbit Materi Muatan Tap MPR的再存在:有效载荷的讨论和轨道拍摄

As-Siyasi : Journal of Constitutional Law Pub Date : 2022-12-20 DOI: 10.24042/as-siyasi.v2i2.14402

Ali Rido

{"title":"Re-Eksistensi Tap MPR: Potret dalam Pembahasan dan Orbit Materi Muatan","authors":"Ali Rido","doi":"10.24042/as-siyasi.v2i2.14402","DOIUrl":"https://doi.org/10.24042/as-siyasi.v2i2.14402","url":null,"abstract":"The re-existence of the TAP MPR has sparked academic interest, but there are still aspects that have gone unnoticed, namely those related to the study of the legislative struggle and why the TAP MPR is included in the types and hierarchy of laws and regulations. The re-existence of the TAP MPR ultimately has legal implications, so it is important to initiate the direction of its content material in the future. Therefore, this paper examines these issues with the aim of enriching the academic space for discussion regarding the re-existence of the TAP MPR. This study was carried out in a juridical-normative manner using a statutory approach and using secondary legal sources in the form of primary legal materials of the 1945 Constitution of the Republic of Indonesia, Law No. 12 of 2011 and UU No. 13 of 2022, minutes on the formation of laws and decisions of the Constitutional Court, and secondary legal materials, which include text books and law journals. This study found that the re-existence of the TAP MPR, apart from being a guideline for establishing a state in Indonesia, is also a direction so that the formation of laws and regulations does not deviate from the basis of the state. As for the future TAP MPR content model, this can be realized through beschickking and regelling. The two models of content material must be guided by strict requirements so that their formation is in line with the principle of conformity between types, hierarchies, and content material of laws and regulations. So it can be concluded that there are still various MPR TAPs that are relevant to be used as guidelines in the state, so it is important to emphasize them in the cluster of laws and regulations. Aside from being a foundation for the state to be in line with the law, it is also a direction so that the formation of the PUU under it does not deviate from the basic direction of the state.","PeriodicalId":252033,"journal":{"name":"As-Siyasi : Journal of Constitutional Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129664863","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Agama dan Moral dalam Pembentukan Substansi dan Struktur Hukum 宗教和道德在物质和法律结构的形成中

As-Siyasi : Journal of Constitutional Law Pub Date : 2022-12-20 DOI: 10.24042/as-siyasi.v2i2.13884

Aziza Aziz Rahmaningsih, Retanisa Rizqi

{"title":"Agama dan Moral dalam Pembentukan Substansi dan Struktur Hukum","authors":"Aziza Aziz Rahmaningsih, Retanisa Rizqi","doi":"10.24042/as-siyasi.v2i2.13884","DOIUrl":"https://doi.org/10.24042/as-siyasi.v2i2.13884","url":null,"abstract":"Religious and moral relations are interrelated in the formation of a country's legal system. Religion is the initial foundation for building a moral society. In this way, religion, morals, and the state cannot be separated. A law becomes empty if it is not imbued with morality. Similarly, religion adds color to the law and bases substantive values on the public good and the upholding of justice, allowing religion and morals to become elements in the development of the desired law. This study aims to determine whether religion and morals have a role in the formation of legal substance and structure. This research is normative, studying the legal system with library research. The approach used is a historical approach, examining and studying developments regarding religion, morals, and the legal system. The study's findings indicate that the presence of religion and morality in human life has a nature, has an ontological function to regulate social life, and that religion can substantively influence behavior in the formation of legal substance and structure. Morality and religion have a significant impact on the substantive formation of law. Law is formed on the basis of morality, so the effectiveness of legal products will be good, so that religion and morality create humanist and liberated laws that will help solve problems that exist in society. This study concludes that religion and morals influence the formation of substantive legal thinking and legal structure. The existence of religious and moral influences provides inspiration for the development of legal science and plays a role in creating a humanist and liberating law.","PeriodicalId":252033,"journal":{"name":"As-Siyasi : Journal of Constitutional Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125003741","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0