Journal title Manabia: Journal of Constitutional Law Initials Manabia Frequency Two issues per year (June and December) DOI Prefix 10.28918 by Online ISSN 2828-1683 Print ISSN 2809-5928 Publisher Program Studi Hukum Tatanegara Fakultas Syariah Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan Manabia: Journal of Constitutional Law is a peer-reviewed academic journal published by the Department of Constitutional Law, Faculty of Sharia and Law, Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan. Dedicated to advancing scholarly dialogue in the field of constitutional law, Manabia serves as a platform for critical reflection, theoretical exploration, and empirical research relevant to the development of constitutional thought in national and global contexts. Published biannually in June and December, Manabia welcomes original articles written in Bahasa Indonesia or English, and ensures a rigorous publication process through double-blind peer review, meticulous editorial curation, and adherence to academic publishing ethics. The journal operates on an open-access basis, allowing for unrestricted access and wide dissemination of its published content. Manabia is committed to enriching the discourse on constitutional law by exploring a broad range of themes, including but not limited to Islamic Constitutional Law, International Law in Islam, Islamic Political Law, Islamic Law and Jurisprudence, Political and Constitutional Law, Comparative Constitutional Law, Agrarian and Land Law, Public Law and Human Rights, Policy Studies, Local Politics and Governance, International Political and Legal Studies. With an interdisciplinary approach, the journal seeks to bridge classical legal traditions with contemporary legal developments, offering nuanced perspectives from both Islamic and global constitutional frameworks.
Sharia Faculty, Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan
Efektivitas Program Desa/Kelurahan Sadar Hukum terhadap Kepatuhan Hukum
This study examines the role of government policy through the Legal Awareness Village/Sub-District Program in improving public legal awareness and legal compliance as part of the development of a national legal culture. This research applies a normative juridical method using statutory, conceptual, and policy approaches. The analysis focuses on the constitutional foundation of the rule of law, the state’s obligation to develop legal culture, the institutional design of the program, and the effectiveness of its norms and evaluation mechanisms. The findings show that the program has constitutional legitimacy because it is consistent with the principle of the rule of law, legal certainty, and the state’s obligation to educate the nation. However, from a regulatory perspective, the program still relies mainly on ministerial regulations and circular letters, which indicates the need for a stronger, more stable, and more operational legal basis. Furthermore, the effectiveness of the program should not be measured merely by administrative outputs, such as the number of legal education activities, Kadarkum groups, or villages/sub-districts receiving legal awareness status. It must also be assessed through outcomes and impacts, including increased legal knowledge, legal understanding, legal attitudes, legal behavior, and real access to justice. This study recommends strengthening the regulatory framework, integrating the program with village/sub-district legal aid posts, adopting impact-based evaluation, and empowering Kadarkum as community-based agents of legal culture.
Copyright (c) 2026 Manabia: Journal of Constitutional Law
Ratio Decidendi Putusan Mahkamah Konstitusi tentang Pengangkatan Advokat Berstatus Dosen PNS Perspektif Maslahah Mursalah
This research analyze the ratio decidendi of Decision Number 150/PUU-XXII/2024 of the Constitutional Court of the Republic of Indonesia. The focus of this study includes the ratio decidendi, legal consequences, social benefits, and the review of maṣlaḥah mursalah in the Constitutional Court’s decision. This research is categorized as normative juridical research, employing both a statutute approach and a maṣlaḥah mursalah approach. The analysis of legal data or materials obtained by the author was conducted through several stages, namely inventory, identification, classification, and systematization. The collected data were then classified and examined using the statutory approach and the maṣlaḥah mursalah approach. The analysis indicate that Decision Number 150/PUU-XXII/2024, which authorizes civil servant lecturers to practice as advocates by providing prodeo or pro bono legal aid, prioritizes considerations of justice and legal utility. The Constitutional Court referred to Decision Number 006/PUU-II/2004, which explains that the right to legal aid as a human right constitutes an individual constitutional right that must be fulfilled, even though it is not explicitly stipulated in the 1945 Constitution of the Republic of Indonesia. Furthermore, the distribution of advocates in Indonesia remains uneven and disproportionate to the country’s territorial scope and the legal needs of society. Based on the perspective of maṣlaḥah mursalah, the Constitutional Court’s decision can be classified as a form of maslaḥah ḥajiyyat, which purposes to alleviate societal difficulties in accessing justice and obtaining legal assistance through advocates.
Rekonstruksi Kewenangan Inspektorat Daerah dalam Sistem Pengawasan Internal Pemerintah sebagai upaya mewujudkan Good Governance
This study examines the authority of regional inspectorates in Indonesia’s internal government supervision system as an effort to realize good governance. The core problem addressed is the weak effectiveness of inspectorates in ensuring accountability and transparency due to structural and political constraints, particularly their hierarchical relationship with regional heads and the lack of executorial power over recommendations. The research question formulated is: How does the authority of regional inspectorates as internal government supervisors contribute to achieving good governance and good government? Using a normative juridical method, the study analyzes primary legal sources such as Law No. 23 of 2014, Government Regulation No. 12 of 2017, and Minister of Home Affairs Regulation No. 23 of 2020, supported by secondary literature and academic studies. Findings show that inspectorates have strong legal legitimacy to conduct audits, reviews, evaluations, and guidance, but their independence and effectiveness are hindered by political influence and limited resources. The study concludes that regulatory reform is necessary to strengthen the strategic position of inspectorates, enabling them to function as impartial and effective internal supervisors. Strengthening inspectorates will directly enhance transparency, accountability, and integrity in regional governance, thereby supporting the realization of good governance.
Due to Process Issues in Handling Sexual Violence in Higher Education Through the PPKS Task Force
The handling of sexual violence in higher education institutions has developed significantly following the enactment of Minister of Education, Culture, Research, and Technology Regulation Number 30 of 2021 and Minister of Religious Affairs Regulation Number 73 of 2022, which require universities to establish Sexual Violence Prevention and Handling Task Forces (PPKS Task Forces). Although these regulations strengthen victim protection, their implementation raises constitutional concerns regarding task force independence, evidentiary standards, procedural fairness, and the relationship between university administrative mechanisms and the criminal justice system. This study aims to analyze the regulation of sexual violence handling in universities, identify constitutional problems in the implementation of PPKS Task Forces, and examine the harmonization between ministerial regulations, Law Number 12 of 2022 concerning Sexual Violence Crimes, criminal procedural law, and constitutional due process principles under The 1945 Constitution of the Republic of Indonesia. This normative legal research employs statutory and conceptual approaches. The study finds that PPKS Task Forces exercise quasi-judicial functions without adequate constitutional safeguards, potentially creating legal uncertainty and weakening due process and constitutional accountability in university sexual violence handling.
Penguatan Pemerintahan Adat dalam Sistem Ketatanegaraan Indonesia:
This study examines the constitutional position and authority of the Raja Negeri Waraka within the Indonesian constitutional system through the perspectives of legal pluralism, living law, and constitutional recognition of indigenous law communities. The research addresses the problem of the subordinative position of customary governance under the dominance of state administrative law, which creates legal uncertainty regarding the legitimacy of indigenous institutions. This study aims to analyze the legal status of the Raja Negeri Waraka according to state law and customary law, as well as to formulate strategies for strengthening customary governance within the national legal system. The research employs a normative juridical method using statutory and conceptual approaches, supported by empirical interview data and analysis of constitutional court decisions, regional regulations, and customary governance practices in Maluku. The findings reveal that the recognition of indigenous law communities in Indonesia remains conditional and administrative in character, reflecting weak legal pluralism and the dominance of legal positivism. Although the Raja Negeri Waraka derives sociological legitimacy from genealogical customary law and living law traditions, formal recognition still depends upon state administrative mechanisms. Therefore, harmonization and reformulation of regulations are necessary to transform state recognition from constitutive recognition into declarative recognition in order to strengthen indigenous autonomy, legal certainty, and constitutional protection of customary governance institutions.
Reformulasi Pengelolaan dan Penataan Pasar Rakyat dan Pasar Modern Kota Parepare
The rapid growth of shopping centers and modern retail stores in Parepare City has significantly influenced the sustainability of traditional markets and local micro, small, and medium enterprises (MSMEs). This study aims to analyze the legal, sociological, and economic aspects underlying the formulation of regional regulations concerning the management and arrangement of traditional markets, shopping centers, and self-service stores in Parepare City. The research applies an empirical juridical approach using statutory, conceptual, and sociological analyses. Data were collected through library research, interviews, focus group discussions, and documentation studies related to regional trade governance. The findings reveal that the increasing number of minimarkets and modern retail outlets has created unequal competition with traditional markets due to weak zoning arrangements, inadequate supervision, and the lack of effective partnerships with local MSMEs. In addition, the implementation of regional regulations has not fully aligned with the latest national trade regulations, particularly concerning zoning systems, ownership limitations, and socio-economic impact analysis. Therefore, a reformulation of local regulations is urgently needed to establish fair trade governance, strengthen the existence of traditional markets, improve regional economic resilience, and ensure sustainable economic justice within the framework of regional autonomy.
Politik Hukum Perubahan Jumlah Kementerian Negara
This study aims to analyze the legal politics underlying the regulation of the number of ministries as stipulated in Article 15 of Law Number 61 of 2024, as well as to examine the ideal concept for determining the number of ministries in accordance with the needs of an effective and efficient government administration within Indonesia’s presidential system. The study is motivated by the amendment to the regulation concerning the number of ministries, which no longer provides a clear limitation, thereby creating the potential for multiple interpretations and legal uncertainty, while also affecting the effectiveness and efficiency of governance. On the other hand, the President’s authority to establish ministries as part of presidential prerogative rights must remain subject to the principle of checks and balances. This research employs a normative legal research method using statutory, conceptual, and comparative approaches. The study utilizes secondary legal materials analyzed through a descriptive qualitative method, involving stages of data collection, processing, and deductive interpretation to obtain a comprehensive understanding. The findings indicate that the regulation contained in Article 15 of Law Number 61 of 2024 has a ratio legis intended to provide flexibility for the President in adjusting governmental institutional needs. However, the provision does not establish clear criteria regarding the formation of ministries, thereby potentially creating legal uncertainty. Therefore, an ideal concept regarding the number of ministries is required, based on the principles of effectiveness, efficiency, actual governmental needs, and the strengthening of the presidential system, so that ministries do not merely serve as instruments of political compromise, but are instead oriented toward public service and effective governance.
Legal Standing of the Head Regulation of the Batam Indonesia Free Zone Authority
The establishment of a well-ordered legal framework is essential for the proper functioning of a state. Within the Batam Free Trade Zone and Free Port Area, a regulatory instrument known as the Regulation of the Head of the Batam Indonesia Free Zone Authority (Perka BP Batam) exists, whose legal standing is often equated with that of the Batam City Regional Regulation (Perda Batam). The coexistence of the Batam City Government and BP Batam has led to overlapping authorities, particularly in licensing, land administration, spatial planning, and other regulatory domains. The hierarchy of laws and regulations in Indonesia, as stipulated in Article 7 paragraph (1) of Law Number 12 of 2011, explicitly recognizes Regional Regulations at the regency/city level, but the Perka BP Batam is not explicitly mentioned. Nevertheless, Article 8 paragraph (2) of the same Law acknowledges the validity of regulations issued by authorized bodies or agencies, provided such authority is derived from higher legislation or delegated powers. This study aims to identify and analyze the normative position of Perka BP Batam within Indonesia’s legal hierarchy. The research employs a normative juridical method using both the statute approach and the case approach. The findings indicate that the Batam City Regional Regulation serves as a reference for Perka BP Batam, particularly in matters of general regulation. Furthermore, the results show that the Batam City Regional Regulation holds a higher position due to its broader scope and applicability across the entire Batam City area. However, under the principle of lex specialis derogat legi generali, the Perka BP Batam retains authority to regulate specific matters within the Batam Free Trade Zone and Free Port Area
Rekonstruksi Keadilan Fiskal dalam Kebijakan Pemutihan Pajak Kendaraan
The Banten Provincial Government issued a motor vehicle tax amnesty policy through Banten Governor Decree Number 286 of 2025 concerning the exemption of principal and administrative sanctions of the Motor Vehicle Tax (Pajak Kendaraan Bermotor/PKB). Although directed at increasing Regional Original Income (PAD) and easing the economic burden of taxpayers, this policy has sparked controversy related to the sense of injustice experienced by compliant taxpayers who do not receive equivalent appreciation. This study aims to identify the supporting factors of the policy and to critically analyse it through the principles of al-’adl (justice) and maslahah mursalah within Islamic legal theory. The research employs a normative juridical method with an analytical approach, relying on primary and secondary legal materials gathered through library research and analysed qualitatively. The results indicate that supporting factors include the rectification of vehicle tax arrears data, the optimisation of PAD for infrastructure development (the "Bang Andra" programme), and the enhancement of compliance and asset legality. However, substantively, this policy is not fully aligned with al-’adl, as the incentive for sanction waivers benefits only delinquent taxpayers, whereas compliant taxpayers are merely offered a limited lottery-based reward. From the perspective of maslahah mursalah, the policy fulfils the elements of public welfare (hifzh al-mal) and maqashid al-shariah, yet its implementation remains imperfect because it violates the qath'i aspect of justice, which constitutes a primary requirement for valid argumentation through maslahah mursalah. Therefore, the policy must be evaluated and reconstructed in order to balance incentives across all segments of society.
Kewajiban Negara terhadap Pengungsi Pasca Banjir Aceh Perspektif Siyasah Syariyah
Recurring floods in Aceh displace thousands of residents and reveal problems that extend beyond aid distribution alone. In practice, displaced persons still lack a firm legal status, policy discretion is difficult to audit, and post-emergency rights recovery remains fragmented. This article aims to formulate the state's obligation towards post-flood displaced persons in Aceh through a siyāsah framework: public protection as the policy objective, priority for vulnerable victims, proportionality of action, and administrative accountability. The study uses qualitative normative legal research and applies siyāsah as an analytical tool to examine Law No. 24 of 2007, Aceh regulations, and displacement policy documents. Legal and policy materials are analyzed through qualitative content analysis and normative interpretation, strengthened by source triangulation. The findings show that although disaster-management mandates are tiered, protection for displaced persons remains weak when public-purpose legitimacy, vulnerability-based priority, limits on emergency coercion, and accountability are not institutionalized through clear displaced status, cross-agency coordination, reliable registration, and sustained recovery. Closing that implementation gap is essential so state obligations remain measurable on syarī grounds after floodwaters recede.
Leemten van Normen tentang Sanksi Izin Kawasan Pertambangan Di Kabupaten Batang Perspektif Maslaḥah
Local Regulation No. 13 of 2019 concerning the Spatial Plan (RTRW) of Batang Regency is the legal basis for the enforcement of spatial planning and utilization. Article 60 paragraph (4) regulates the Rock Mining Area, which is limited to only six sub-districts. Although Article 137 paragraph (2) requires a spatial utilization permit for every activity, its implementation faces obstacles in the form of rampant violations of mining areas that do not comply with the provisions. Article 42 regulates administrative sanctions for violators, but does not provide detailed explanations on how to impose sanctions. This legal vacuum (leemten van normen) is exacerbated by the absence of a Regent Regulation as a derivative regulation, which was only formed at the end of 2024, creating a five-year legal vacuum. This normative empirical research, using a qualitative and maslaḥah approach, analyzes the implications of this legal vacuum on law enforcement. The findings show that during the 2022-2024 period, there were various spatial planning violations, particularly in relation to rock mining permits, resulting in environmental damage, disasters, road damage, and local tax losses. Efforts to enforce the law have been ineffective because violations continue to recur. From a maslahah perspective, this regulatory vacuum causes harm and contradicts the principle of public interest, which should be the goal of spatial planning regulations.
Copyright (c) 2025 Manabia: Journal of Constitutional Law
Penafsiran Hukum Putusan Mahkamah Konstitusi tentang Syarat Usia Minimal Calon Pimpinan Komisi Pemberantasan Korupsi
The legal issue arising from Constitutional Court Decision which requires a minimum age of fifty for candidates for KPK leadership. The petitioners, who were former KPK employees, argued that this requirement violated citizens’ constitutional rights to equality before the law and equal opportunity in public office as guaranteed by the 1945 Constitution. This study examines how the Constitutional Court interpreted the law in this decision and the legal consequences of that interpretation for the principles of justice and the protection of citizens’ constitutional rights. This research employs a normative juridical method with statutory and conceptual approaches. The results show that the Constitutional Court adopted a restrictive interpretation, limiting the meaning of the provision strictly to its textual wording without expanding it to include the broader context of substantive justice. This approach affirms the Court’s view that the age limit for KPK leaders is part of the legislature’s open legal policy. However, if the Court had used an extensive interpretation, its reasoning could have been directed toward achieving substantive justice and recognizing the petitioners’ professional experience. The restrictive interpretation resulted in a lack of harmony between anti-corruption objectives and the protection of constitutional rights, narrowing access to public office based on competence and integrity.
Penafsiran Hukum Putusan Mahkamah Konstitusi terhadap Kewenangan Pengajuan Peninjauan Kembali dalam Sengketa Tata Usaha Negara
This research discusses the legal interpretation of the Constitutional Court Decision Number 24/PUU-XXII/2024 related to the examination of Article 132 paragraph (1) of Law Number 5 of 1986 concerning State Administrative Courts. The decision limits the authority of the State Administrative Body or Official in filing a judicial review, so that only the plaintiff (a person or Civil Law Entity) can file it. The focus of the research is to find out how the legal interpretation used in the Constitutional Court's decision and the legal consequences of the interpretation arising from the decision. This research uses normative juridical methods with statutory, conceptual, and case approaches. The results showed that the Constitutional Court predominantly uses systematic interpretation as a form of protection to the public, but the Court does not fully consider its decisions using futurist interpretation, which prioritizes future anticipation related to legal certainty and the balance of the position of the parties. The Court's decision has legal consequences in the form of the loss of the right of one of the parties (the Defendant, namely the State Administrative Agency or Official) to file a judicial review, which has an impact on the principles of justice and legal certainty in the State Administrative Justice system.
Kekosongan Hukum Mekanisme Pencabutan Ketetapan Majelis Permusyawaratan Rakyat
This study examines the mechanism for revoking the Decree of the People's Consultative Assembly, focusing on the legal consequences of the revocation and formulating ways to address the resulting legal vacuum. The purpose of this study is to determine the legal impact of the revocation of the People's Consultative Assembly Decree and to formulate solutions to the legal vacuum in the revocation mechanism. The method used in this study is doctrinal (normative) with a literature study approach, analysis of laws and regulations, legal products, and doctrines in legal science. The results of the study indicate that the revocation of the People's Consultative Assembly Decree has legal consequences because the People's Consultative Assembly does not actually have the explicit authority to revoke the Decree based on the 1945 Constitution. This condition creates legal problems in the form of unclear procedures and legal basis for the revocation, thus creating a legal vacuum. Therefore, there is a need for special disclosure and handling to overcome this legal vacuum so that the process of revoking the People's Consultative Assembly Decree has a strong legal basis and clear procedures. This handling is very important considering that the 1945 Constitution does not yet provide explicit authority to the MPR to issue or revoke People's Consultative Assembly Decrees.
Penerapan Immutable Principle dalam Pasal 1 Ayat 1 UUD 1945 terhadap Negara Kesatuan Republik Indonesia
This article aims to discuss the application of immutable primsiple in Article 1 paragraph 1 of the 1945 Constitution to the Unitary State of the Republic of Indonesia using normative juridical research method and is analyzed using Hans Kelsen’s Stufenbau theory. This principle, in the context of a state of state, refers to certain concepts or elements that are considered unchangeable to ensure stability, continuity, and justice, often applied to fundamental aspects such as the constitution, Human Rights, the form of the state, and sovereignty. To maintain the integrity of the Unitary State of the Republic of Indonesia, irreversible rules are needed that concern several concepts that are considered unchangeable. clauses that cannot be changed in the 1945 Constitution article 1 paragraph 1 and article 37 paragraph 5 which discuss the nature of the state. This clause is important because it maintains the identity of constitutional principles, including state doctrine such as Pancasila and Bhinneka Tunggal Ika that is considered to originate from Indonesia, which is closely related to the constitutional state. To some extent, these immutable clauses guarantee the stability of the constitution as well as describe or imply the importance of the constitution as an important representation of the state. Furthermore, they demonstrate the state’s desire to remain faithful to the fundamental principles that form the constitusional identity. Efforts to safeguard the Unitary State of the Republic of Indonesia must be supported by promoting nationalism, patriotism, and the development of multicultural education.
Pemikiran Politik Islam Modern pada Masa Muhammad Abduh
This study discusses the modern political thought of Muhammad Abduh's era which emphasizes a moderate and evolutionary approach in fighting for the renewal of the Islamic community. The main focus is understanding how Abduh, who was rational, moderate, and interpretive, was able to encourage the progress of Muslim society through reforms in the political and educational spheres to adapt to the challenges of the modern era. He rejected authoritarian forms of government that were not based on sharia principles and proposed a democratic government system that respected the aspirations of the people. This study uses a library research method that includes books, journals, and articles related to Muhammad Abduh's ideas. The results show that Muhammad Abduh's thoughts focused on rationality, education, and modern interpretations of Islamic teachings. He contributed greatly to educational and political reform in the Islamic world through a moderate and adaptive approach. This approach is effective in revealing the significant contributions of this figure in the contemporary context, especially in encouraging educational and government reforms based on rational and democratic values.
Politik Hukum Undang-Undang Nomor 4 Tahun 2016 tentang Tabungan Perumahan Rakyat menurut Konsep Negara Kesejahteraan
This research provides an in-depth analysis of the legal politics of Law Number 4 of 2016 concerning Public Housing Savings (Tapera) and its implementation in Government Regulation (PP) Number 21 of 2024. The background of this research is the public controversy and rejection of the mandatory Tapera contribution, which is considered burdensome for both workers and employers. Using a juridical-normative research method with a statutory and conceptual approach, this study aims to answer how the legal politics behind the Tapera Law are structured and how the policy aligns with the concept of the welfare state. The research findings indicate that the legal politics of the Tapera Law reflect an authoritarian political configuration, resulting in a conservative/orthodox legal product character. This product emphasizes the government's vision as a tool for state program implementation rather than broadly absorbing public aspirations. When reviewed from the welfare state concept, the Tapera policy is found to be not fully aligned with key indicators such as poverty reduction and equitable justice, even potentially leading to negative legal consequences like legal uncertainty and decreased purchasing power. This study concludes that the mandatory Tapera contribution policy risks causing more significant negative impacts on the economy and public welfare compared to its potential benefits.
This study examines how the legal politics of additional village funds in the second amendment to village law number 3 of 2024. The focus of this research is to discuss the legal politics of the addition of village funds, its mechanism and the legal consequences arising from the addition of village funds. The purpose of this study is to determine the legal politics of village laws and the legal consequences of the addition of village funds. This research uses doctrinal (normative) methods or literature studies, legislation, legal products and several doctrines derived from the development of legal science, this research combines various theories, ideas, and legal principles. The results of this study indicate that there are additional funds taken from regional transfer funds (on top) in stages sourced from the APBN. In article 72 paragraph 4 explains "At least 10%" and paragraph 2 "streamline village-based programs in an equitable manner and can be increased according to the ability of the state" in other words there is an addition but not all villages get it, only underdeveloped villages and fixed income payments paid through village accounts. In law enforcement, the village has been supervised by the Village Council (BPD), the Financial and Development Supervisory Agency (BPKP), the local government and the village community. The legal consequences arising from the addition of village funds are such as: increased financial resources, better financial management, stricter legal responsibility, massive village development, increased village autonomy and increased village community participation.
Tinjauan Siyasah Dusturiyyah terhadap Konsep Pengawasan KPK pasca Revisi Undang-Undang Nomor 19 Tahun 2019
This study analyses the impact of the Supervisory Board on the effectiveness of the Corruption Eradication Commission (KPK) following the enactment of Law No. 19 of 2019. This institutional change has sparked controversy as it is considered to limit the KPK's scope of action in eradicating corruption, as reflected in the decline in the Corruption Perception Index (CPI) over the past five years. The study uses a normative juridical approach with primary legal sources in the form of Law No. 19 of 2019 and official KPK documents, as well as secondary sources from legal literature and constitutional studies. The analysis was conducted descriptively, analytically, and deductively to assess the implications of the regulation on the effectiveness of the KPK and its compatibility with the principles of siyasah dusturiyyah, including justice ('adalah), deliberation, and transparency (shafafiyyah). The results of the study show that the existence of the Supervisory Board has the potential to weaken the performance of the KPK, there are pros and cons regarding its formation and authority, and several aspects of the regulation contradict the principles of siyasah dusturiyyah. These findings emphasize the need for regulatory evaluation to ensure that the KPK remains effective while being based on the principles of law and governance that are fair, transparent, and accountable. This research is expected to contribute academically and provide input for the development of KPK institutional reform policies.
The Authority of Acting Regional Heads in Employee Mutation: Between Legality and Abuse of Power
This research examines the discretionary authority of Acting Regional Heads in implementing employee transfers regulated by the Ministry of Home Affairs Circular Letter No. 821/5492/SJ. The study focuses on the normative conflict between the Circular Letter and Government Regulation No. 49 of 2008, as well as its legal implications for governance. The research employs a normative juridical method with statutory and conceptual approaches. The findings indicate that the Circular Letter is inconsistent with the principle of legality and general principles of good governance, creating a potential for abuse of authority. The implications include disruption of good governance principles and an increased risk of bureaucratic politicization during transitional periods of regional leadership. This study highlights the need for regulatory harmonization and clear limits on discretionary powers of acting officials to ensure legal certainty and maintain the neutrality of civil servants. Keywords: Discretion, Acting Regional Head, Employee Transfer, Abuse of Power, Legality
Inkonsistensi Peraturan Menteri Perhubungan Nomor 12 Tahun 2019 dengan Undang-Undang Nomor 22 Tahun 2009
Motorcycles are not included in the category of public transportation as regulated in Law Number 22 of 2009 concerning Traffic and Road Transportation. This is reinforced by the Constitutional Court Decision Number 41/PUU-XVI/2018. However, the Minister of Transportation Regulation Number 12 of 2019 actually regulates motorcycles used for the benefit of the community, a term that is functionally equivalent to public transportation. The purpose of this study is to analyze the inconsistencies that occur between the Minister of Transportation Regulation Number 12 of 2019 and Law Number 22 of 2009, as well as the legal consequences arising from such inconsistency. This study utilizes a normative/legal research method. The approach used is the statutory approach and the conceptual approach. The author uses a prescriptive analysis to examine the research by constructing arguments based on findings using deductive reasoning. The results indicate that the inconsistency between Minister of Transportation Regulation Number 12 of 2019 and Law Number 22 of 2009 occurs hierarchically, substantively, and implementatively. Furthermore, there is a discrepancy between the formation of the ministerial regulation and the principles of proper legislation as regulated in Law Number 12 of 2011. Consequently, the legal implications of this inconsistency include legal uncertainty, potential legal disputes, and a decline in public trust toward the government.
Politik Hukum Pembagian Urusan Pemerintahan di Bidang Pendidikan Menengah dalam Undang-Undang Nomor 23 Tahun 2014 Tentang Pemerintahan Daerah
Undang-Undang Nomor 32 Tahun 2004 dicabut serta diubah menjadi Undang-Undang Nomor 23 Tahun 2014 tentang Pemerintahan Daerah sehingga menimbulkan pengalihan kewenangan pendidikan menengah dari Pemerintah Kabupaten/Kota ke Pemerintah Provinsi. Tujuan penelitian ini adalah menemukan politik hukum perubahan Undang-Undang Nomor 32 Tahun 2004 tentang Pemerintahan Daerah terhadap Undang-Undang Nomor 23 Tahun 2014 tentang Pemerintahan Daerah. Penelitian menggunakan metode yuridis normatif melalui pendekatan perundang-undangan, pendekatan historis, dan pendekatan konseptual. Hasil penelitian menunjukkan bahwa meskipun ketidakjelasan pembagian urusan pemerintahan dalam Undang-Undang Nomor 32 Tahun 2004 tentang Pemerintahan Daerah telah terjawab oleh Peraturan Pemerintah Nomor 38 Tahun 2007 tentang Pembagian Urusan Pemerintahan Antara Pemerintah, Pemerintahan Daerah Provinsi, dan Pemerintahan Daerah Kabupaten/Kota. Undang-Undang Nomor 32 Tahun 2004 tentang Pemerintahan Daerah tidak menyerahkan secara langsung kepada subjek pemerintahan, melainkan menunggu peraturan pelaksana dibentuk, sehingga tidak sesuai dengan arah yang ingin dicapai untuk mempercepat terwujudnya kesejahteraan masyarakat. Selanjutnya, peraturan pelaksana tersebut juga berdampak terhadap peningkatan biaya aparatur daerah yang cukup membebani anggaran daerah. Penyelenggaraan pendidikan menengah yang efektif dan efisien memerlukan pengaturan dengan mempertimbangkan hal-hal krusial yang harus tetap dipegang pusat dan tidak diserahkan kepada pemerintahan di bawahnya. Dengan demikian, urusan pendidikan menengah merupakan hal krusial yang sebaiknya menjadi kewenangan Pemerintah Provinsi, bukan Pemerintah Kabupaten/Kota.
Kepatuhan Prinsip Good Governance dalam Penyaluran Bantuan Langsung Tunai
Penyaluran Bantuan Langsung Tunai (BLT) Dana Desa bertujuan meningkatkan kesejahteraan masyarakat miskin dan rentan. Namun, dalam pelaksanaannya di Desa Rowokembu, Kecamatan Wonopringgo, Kabupaten Pekalongan, masih ditemukan masalah terkait ketidaktepatan sasaran, minimnya transparansi, dan kecemburuan sosial. Berdasarkan hal tersebut, penelitian ini bertujuan menganalisis kepatuhan pemerintah desa terhadap prinsip good governance dalam penyaluran BLT, khususnya prinsip keadilan dan transparansi. Penelitian ini menggunakan metode yuridis empiris dengan pendekatan kualitatif melalui wawancara, observasi, dan dokumentasi, dengan sumber data primer berasal dari perangkat desa dan masyarakat penerima maupun non-penerima BLT. Peneliti menganalisis data dengan menggunakan model analisis interaktif Miles dan Huberman yang mencakup reduksi data, penyajian data, serta penarikan kesimpulan. Lokasi penelitian ini berada di Desa Rowokembu, Kecamatan Wonopringgo, Kabupaten Pekalongan. Hasil penelitian menunjukkan bahwa penyaluran BLT belum sepenuhnya memenuhi prinsip good governance. Proses seleksi penerima masih dipengaruhi kedekatan sosial dan keterbatasan data, sehingga keadilan prosedural dan distributif belum tercapai, terutama bagi lansia dan difabel. Keterbukaan informasi belum merata, dan mekanisme pengaduan masih informal. Perlu perbaikan pada pendataan, sosialisasi, dan evaluasi agar bantuan tersalurkan secara adil dan transparan. Penelitian ini diharapkan berkontribusi pada perbaikan tata kelola bantuan sosial serta menjadi referensi bagi akademisi dan praktisi.
Pemenuhan Hak Konstitusional Fakir Miskin dalam Memperoleh Bantuan Hukum di Kabupaten Pekalongan
Kurangnya pengetahuan masyarakat mengenai program bantuan hukum menjadi salah satu penghambat dalam pelaksanaan Undang-Undang Nomor 16 Tahun 2011 Tentang Bantuan Hukum, walaupun pemerintah telah berupaya untuk melakukan sosialisasi dan penyebarluasan informasi, namun masih dirasakan kurang. Masih banyak masyarakat Kabupaten Pekalongan yang belum mengetahui program pemberian bantuan hukum gratis bagi masyarakat miskin didalam hal menghadapi masalah hukum. Berdasarkan latar belakang diatas menarik dan penting untuk diteliti tentang pemenuhan hak konstitusional fakir miskin di Kabupaten Pekalongan dalam mendapat bantuan hukum secara cuma-cuma atau gratis. Pendekatan yang digunakan adalah pendekatan kualitatif, pendekatan perundang-undangan dan konseptual. Teknik pengumpulan dilakukan melalui observasi, wawancara dan dokumentasi. Hasil menunjukkan bahwa pelaksanaan layanan bantuan hukum gratis dilakukan sesuai dengan Peraturan Bupati Pekalongan Nomor 39 Tahun 2018 Tentang Perubahan Atas Peraturan Bupati Pekalongan Nomor 12 Tahun 2016 Tentang Petunjuk Pelaksanaan Peraturan Daerah Kabupaten Pekalongan Nomor 2 Tahun 2015 Tentang Bantuan Hukum Untuk Masyarakat. Akan tetapi dilihat dilihat dari realitas Pemenuhan Hak Konstitusional Fakir Miskin di Kabupeten Pekalongan masih ditemukan kendala-kedala yang berasal dari kalangan masyarakat di Kabupaten Pekalongan.
Politik Hukum Pembentukan Norma Pada Perubahan Regulasi Masa Jabatan Kepala Desa
The demonstration by the village head association demanding an extension of office resulted in changes in Law Number 3 of 2024 which contains the norm for the term of office of village heads into 2 periods with each term of office for 8 years. This change does not show a significant difference with the previous regulation, in fact it experiences regulatory similarities with Law Number 5 of 1979 during the new order period. This research aims to find out the legal politics of changes in the term of office norms of village heads and explain the legal consequences. By using a legal approach, a conceptual approach, and a historical approach. The author uses perscriptive analysis techniques in reviewing the research. With the result that; First, even though the making of laws seems hasty, the legal politics used in making this policy lead to public welfare. Second, the legal consequences arising from changes in the norms of the term of office of the village head. Keywords: Village Law; Village head; Legal Politics
Perbandingan Pengaturan Lembaga Penyelesaian Sengketa Hasil Pemilu Indonesia dengan Uruguay
Electoral dispute resolution is a crucial aspect in maintaining democratic integrity. This comparative study analyzes fundamental differences between electoral dispute resolution systems in Indonesia through the Constitutional Court and Uruguay through La Corte Electoral, focusing on institutional design and operational effectiveness.The research employs doctrinal legal methodology with comparative and historical approaches, supported by comprehensive literature review from primary and secondary sources. Uruguay's La Corte Electoral, operational since 1924, demonstrates a unique model by integrating regulatory and adjudicative functions within a single autonomous institution. This system differs from Indonesia's, which separates these functions between the Election Commission (KPU), Election Supervisory Body (Bawaslu), and Constitutional Court. In-depth analysis reveals that Uruguay's model offers several significant advantages: first, institutional continuity enabling accumulation of experience and expertise; second, integration of functions resulting in more effective coordination; and third, structural independence strengthening decision legitimacy. These factors contribute to Uruguay's long-term democratic stability. Based on these findings, the research recommends institutional reform in Indonesia through the establishment of a permanent specialized electoral court. This transformation must consider Indonesia's socio-political characteristics, including geographical complexity, demographic diversity, and local political dynamics. Implementation should be conducted gradually, addressing regulatory aspects, institutional capacity, and accountability mechanisms.Practical implications include the need for constitutional amendments, human resource capacity development, and strengthening of legal infrastructure. The theoretical contribution of this research enriches discourse on electoral judicial institutional design in the context of developing democracies. Keywords: Democracy; La Corte Electoral; Constitutional Court; Dispute Resolution
Kualitas Pelayanan Kesehatan bagi Peserta Program BPJS Kesehatan Di Puskesmas Tirto II Berdasarkan Asas-asas Umum Pemerintahan yang Baik
Service standards are benchmarks used as a basis for service delivery and as a reference for assessing service quality in realizing services that are swift, easy, affordable, quality and measurable. Article 3 paragraph (5) of the Regulation of the Minister of Health of the Republic of Indonesia Number 43 of 2019 concerning Public Health, states that community health centers provide health services that are accessible and affordable to all people in their working areas. Article 2 of Pekalongan Regency Regional Regulation Number 12 of 2019 concerning Health Services states that this regulation guarantees that the public will receive health services with quality health facilities and services, to create good quality health, health services must have Standard Operating Procedures (SOP). The case that occurred lies in one of the SOPs available at the Tirto Community Health Center services, namely the SOP for Initial Klimis Assessment. An initial clinical assessment is an activity carried out by a patient with a doctor/paramedic to collect the patient's complete condition, including anamnesis, physical examination and supporting examinations as well as a review of the patient's questions. The difference in the quality of service received by BPJS Health patients is not as complete as that received by non-BPJS patients who receive better and more complete quality of service. In this research the author focuses on 3 general principles of good government. namely the principle of good service, the principle of justice and the principle of non-discrimination. This research is empirical juridical research which uses a statutory approach, case approach and conceptual approach, with data collected from primary and secondary legal materials.
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Ratio Decidendi Penolakan Permohonan Pengujian Norma Undang-Undang pada Putusan Nomor 47/PUU-XXI/2023
This research aims to explore the ratio decidendi in the Constitutional Court Decision Number 47/PUU-XXI/2023 and analyze the application of constitutional values contained in the decision. This research uses a normative method with statutory, conceptual, and case approaches. This approach aims to understand the legal basis on which the Constitutional Court's decision is based and its implications for the protection of constitutional rights. The results showed that the Constitutional Court rejected the petition for norm testing in Article 509 letter a of the latest Criminal Code. The rejection was based on the provision that the new Criminal Code will be enacted after three years since its enactment, so the petition was considered premature. In its decision, the Court emphasized the importance of the principle of legal certainty and the protection of advocates' rights from unconstitutional criminal threats. However, the petition could not be accepted due to the lack of concrete harm experienced by the petitioner. This finding underscores that the Constitutional Court continues to prioritize basic constitutional principles in its decision-making, even though the petition did not proceed to material examination. Thus, this research makes an important contribution in understanding how constitutional values are applied in the Constitutional Court's decisions, particularly in relation to the review of criminal law norms. The implications of this research are expected to be a reference in the development of the study of constitutional law and the protection of human rights in Indonesia.
Hak Pendidikan sebagai Hak Asasi: Studi tentang Pemenuhan Hak Mahasiswa Disabilitas di Pekalongan
This study aims to analyze the fulfillment of the right to education for students with disabilities in higher education institutions in Pekalongan. The primary issue addressed is the low accessibility of higher education for students with disabilities, which contradicts the principles of human rights: universality, interdependence, non-discrimination, and state responsibility. This research employs an empirical juridical method with a qualitative approach, combining primary data from interviews with policymakers and students and secondary data from legal documents and related literature. The findings indicate that most higher education institutions in Pekalongan have not fully ensured the right to education for students with disabilities. Existing services and facilities remain ad hoc, lacking structured regulations or inclusive standards. Three key findings include the absence of specific inclusive policies, the lack of integrated data on students with disabilities, and the unavailability of Disability Service Units. The legal implications of this inadequacy involve violations of human rights and state obligations, as mandated by Law No. 8 of 2016 concerning Persons with Disabilities. This study recommends the development of inclusive regulations and strategic measures to establish a more inclusive and sustainable educational environment, ensuring the fulfillment of the right to education for all, including persons with disabilities.
Pemenuhan Hak Administrasi Kependudukan bagi Orang dengan Gangguan Jiwa di Desa Kalirejo, Kecamatan Talun, Kabupaten Pekalongan
The fulfillment of civil registration rights for people with mental disorders (ODGJ) in Kalirejo Village, Talun Subdistrict, Pekalongan Regency, is an important issue that requires serious attention. Based on Law Number 23 of 2006 concerning Civil Registration, every Indonesian citizen has the right to obtain civil documents such as an Identity Card (KTP) and Family Card (KK). However, in practice, many individuals with mental disorders in Kalirejo Village lack these essential documents, preventing them from accessing social and healthcare services that are their rightful entitlements. This study aims to analyze the factors contributing to the non-fulfillment of civil registration rights for ODGJ, as well as the implications arising from this situation. The research employs a qualitative approach with an empirical juridical method. Primary data were collected through interviews with village officials, families of ODGJ, and direct observations in Kalirejo Village, while secondary data included legal documents and literature related to the fulfillment of civil registration rights. The findings reveal that the main barriers to the fulfillment of these rights are the low level of legal awareness among the community and the limited proactive efforts by village authorities. The implications of this situation include restricted access for ODGJ to healthcare and social assistance services to which they are entitled, worsening their health conditions and increasing social marginalization within the community.