Journal Cendekia Hukum (JCH - STIH Putri Maharaja Payakumbuh)
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PERAN KONSTITUSI DALAM PEMBENTUKAN NEGARA YANG DEMOKRATIS
No full textThe constitution is the primary foundation for establishing a democratic state. As the highest legal norm, the constitution regulates the division of power, guarantees human rights, and limits government authority to prevent abuse of power. This study aims to analyse the role of the constitution in (1) establishing a democratic system of government and (2) maintaining the sustainability of democracy in state administration. This study uses a normative legal research method with a comparative approach. Research data are sourced from secondary legal materials, including constitutional documents, laws and regulations, legal literature, and relevant scientific publications. The analysis is conducted descriptively and analytically to explain how constitutional mechanisms support democracy. The results show that the constitution plays a crucial role in establishing a democratic government through the principles of popular sovereignty, separation of powers, checks and balances, and protection of citizens' basic rights. In addition, the constitution helps maintain democracy by promoting political stability, legal certainty, the protection of minority groups, and adaptive constitutional reform in the face of social dynamics and global challenges. Thus, strengthening the implementation of the constitution and its adaptability are key factors in maintaining democracy.The constitution is the main foundation in the formation of a democratic country. As a written basic law, the constitution functions to regulate the mechanism of power, guarantee human rights, and provide limitations on government actions so as not to exceed its authority. This study aims to analyze in depth how the constitution plays a role in forming and maintaining a democratic system of government by discussing the role of the constitution in creating a democratic system of government. This study uses a normative legal research method and uses a comparative approach. The data sources are secondary data and primary data. The analysis method uses descriptive-analytical. The results of this study are that the Constitution plays a role in forming and maintaining a democratic system of government. Thus, the role of the constitution is very significant in creating justice, freedom, and welfare in a democratic state life. This study contributes to the development of constitutional law studies, especially in understanding how constitutional mechanisms can be adjusted to the social, political, and cultural dynamics of a country without ignoring the principles of democracy. The practical implication is the importance of adaptive constitutional reform to maintain the relevance of the system of government in facing global challenges
LEGAL CONSTRUCTION OF ZAKAT BASED ON LAW NUMBER 23 OF 2011 CONCERNING ZAKAT MANAGEMENT
No full textThis study aims to ascertain the Legal Construction of Zakat Management as stated in Law Number 23 of 2011 on Zakat Management. This research uses a juridical-normative approach, a methodology grounded in laws and regulations, and theories and concepts about the scope of zakat rules stated in statutes. Originating in Indonesian Islamic teachings, Legislation Number 23 of 2011 about Zakat Management declared Zakat a beneficial law. Zakat's status as a particular worship has enormous potential to enhance the well-being of Muslims in Indonesia if it is properly administered and applied. According to the study's findings, Law Number 23 of 2011 concerning Zakat Management ought to be able to enhance the effectiveness and efficiency of Zakat management services and the benefits of Zakat in reducing poverty and promoting community welfare. This law strengthens the institutional framework for managing integrated zakat into a single integrated unit, enabling BAZNAS (Provincial and Regional BAZNAS) to become the sole institution with zakat authority and LAZ to support the enforcement of zakat collection, distribution, and utilization. Thanks to this law, institutions that collect zakat will be able to do so more effectively. The application of fines in Aceh to zakat payers (muzakki) who do not want to fulfil their obligations by paying zakat, which has been regulated in Aceh Qanun Number 10 of 2007 concerning Baitul Mal, as the true implementation of Islamic law. The provisions of this sanction cannot be applied in Law Number 23 of 2011 concerning Zakat Management because the Indonesian state is based on Pancasila, not on Islam, unlike Aceh, which is a special autonomous region. In the zakat law, fines can only be given to amil who commits irregularities and misuse of zakat funds, because this is included in criminal acts
LEGAL IMPLICATIONS OF THE APPLICATION OF THE ONE-TIER BOARD SYSTEM ON THE MANAGEMENT ORGANS OF INDIVIDUAL COMPANIES
Full text linkThe implementation of Law Number 6 of 2023 concerning Job Creation offers Micro and Small Enterprises the opportunity to formalize their operations as legal organizations, namely as Individual Companies. Individual Companies have the same legal-entity concept as a Limited Liability Company, with limited liability. The management structure of a sole proprietorship uses a one-tier board system, in which the functions of commissioners and directors are integrated into a single entity. This research aims to explain the application of the one-tier board system in Indonesian sole proprietorships and to analyze its legal consequences for the company's management organs. This includes an examination of the legal entity status, management responsibilities, supervision and accountability, legal relationships with third parties, and financial and tax regulations. The results of the research show that an individual company provides legal entity status and limited liability protection for MSEs through simplified establishment procedures without the obligation of a notarial deed. The application of the one-board tier system optimizes decision-making efficiency. Still, it eliminates the function of internal control (checks and balances) by merging all organs of the company, which can increase legal risk and expose the company to potential liability piercing the corporate veil in the event of bad faith or managerial malpractice
ANALYSIS OF POWER ASYMMETRY IN THE LEGISLATIVE PROCESS ANALYSIS OF THE WEAKENING ROLE OF THE HOUSE OF REPRESENTATIVES AS A LAWMAKER
Full text linkThis study examines the phenomenon of power asymmetry between the executive and legislative branches in the legislative process in Indonesia after the amendment of the 1945 Constitution, which has resulted in the weakening of the role of the House of Representatives (DPR) as a lawmaker. The study aims to analyze the weakening of the DPR's position and the implications of power asymmetry on the quality of national legislation. The methods used are a juridical-normative and a juridical-empirical approach, with qualitative analysis of secondary data in the form of legislative documents, meeting minutes, and literature reviews. The study's results reveal two main findings. First, the DPR has been weakened since the amendment of the 1945 Constitution due to the executive's dominance in controlling the National Legislation Program (Prolegnas) agenda and party coalitions, with 91% of the 48 laws for the 2020-2024 period originating from executive initiatives, making the DPR more of a ratification mechanism than an independent lawmaker. Second, this asymmetry of power has serious implications for the quality of legislation, which lacks transparency and public participation, as seen in the case of the Job Creation Law, which was declared conditionally unconstitutional, and the high number of judicial reviews at the Constitutional Court (more than 1,700 petitions), which indicates a systemic failure of the legislative system. These findings emphasize the need to reformulate the roles and working mechanisms between the DPR and the President to ensure a more balanced, participatory, and accountable legislative process
INDONESIA’S CRACKDOWN ON RISING ONLINE GAMBLING
Full text linkThe rapid rise of online gambling in Indonesia stems from economic hardship, limited legal awareness, and the exploitation of digital technologies for illegal activities. This study aims to examine the accountability of the Ministry of Communication and Digital Affairs (Komdigi) in combating online gambling through a normative juridical approach. The central issue addressed is how Komdigi’s legal authority and strategic role are implemented in managing a secure digital space. The research applies a normative legal method by analysing relevant legislation and administrative practices. Findings indicate that Komdigi has exercised its mandate through AI-based detection systems, public reporting platforms, and inter-agency collaboration with the Financial Services Authority (OJK), the Financial Transaction Reports and Analysis Center (PPATK), and the National Police to block access and take enforcement actions. This research is novel in its mapping of cross-sectoral synergy, reflecting the state's collective effort to combat digital crime. The results show that blocking alone is insufficient, as gambling websites are highly adaptive. It recommends enhancing digital literacy, reinforcing social values, and regularly assessing blocking mechanisms for long-term prevention
AN ANALYSIS OF THE FULFILMENT OF CHILDREN'S RIGHTS IN SCHOOL DROPOUT CASES IN THE TIN MINING AREA OF SOUTH BANGKA
Full text linkThis research examines the fulfilment of children's educational rights guaranteed in the Indonesian constitution in the case of school dropouts at SMK Negeri 1 Tukak Sadai, South Bangka Regency, which is influenced by tin mining activities. Using a socio-legal approach, this research examines the gap between constitutional guarantees and the social realities faced by children in tin-mining areas. This study uses in-depth interviews, field observations, and an analysis of relevant legal documents. The findings indicate that the combination of economic, social, and cultural factors, along with tin mining activities, plays a significant role in the high dropout rate at SMK Negeri 1 Tukak Sada. The implementation of educational rights guarantees in the constitution has not been optimal due to weak cross-sectoral coordination, lack of specific policies for mining areas, and inadequate supervision. This research recommends strengthening policies to protect children's educational rights in mining areas through an integrative approach involving the government, mining companies, schools, and the community to achieve the fulfilment of constitutionally guaranteed educational rights
THE AUTHORITY OF BANK INDONESIA AS A STATE INSTITUTION IN THE DISTRIBUTION OF CORPORATE SOCIAL RESPONSIBILITY (CSR)
No full textCorporate Social Responsibility (CSR) or Social and Environmental Responsibility (TJSL) constitutes a legal obligation imposed on companies as part of their responsibility toward society and the environment. Normatively, CSR regulation in Indonesia is directed toward limited liability companies, particularly those operating in sectors related to natural resource utilization. However, recent developments have raised legal questions about the implementation of CSR-like programs by Bank Indonesia, an independent state institution. This study employs normative legal research using statute, conceptual, and case approaches. The findings demonstrate that CSR or TJSL obligations are explicitly regulated under Law No. 40 of 2007 concerning Limited Liability Companies, Government Regulation No. 47 of 2012, and the Minister of State-Owned Enterprises Regulation No. PER-05/MBU/04/2021. Conversely, Bank Indonesia is governed by Law No. 23 of 1999 as amended by Law No. 6 of 2009 and is not a corporate entity subject to CSR obligations. From an administrative law perspective, the absence of explicit attribution of authority indicates that the implementation of CSR by Bank Indonesia exceeds its statutory mandate. This study highlights the normative boundaries of administrative discretion and contributes to legal discourse by examining CSR practices within non-corporate state institutions
LEGAL LIABILITY OF DEVELOPERS IN DUAL HOUSING CONTRACTS
No full textLand ownership issues often hinder the buying and selling of housing between developers and consumers in areas designated for residential development. Existing regulations continue to change, particularly following the enactment of Law Number 11 of 2020 on Job Creation. However, limited public understanding has given rise to various legal problems. This study addresses two main issues: 1. What are the mechanisms and legal problems that arise in sale and purchase agreements involving developers? 2. What is the liability of developers in sale and purchase agreements for land and buildings carried out on land they do not own? This research aims to analyze the legal aspects of the validity requirements for agreements from the perspective of land sale and purchase law and housing and settlement area regulations, using a normative, statutory approach. The study focuses on the application of legal rules and norms in positive law, using secondary data comprising primary, secondary, and tertiary legal materials. The results show that developers frequently market housing units even before construction is complete. Therefore, various legal remedies can be pursued in dispute resolution, but synergy among law enforcement authorities and preventive measures is necessary to ensure more effective dispute settlement
DIGITAL COMMUNICATION AND ITS IMPLICATIONS FOR DEFAMATION LAW: TOWARD RESTORATIVE JUSTICE
Full text link The rise in defamation cases in the digital era has accompanied the rapid growth of social media, which enables information to spread widely and quickly. In Indonesia, regulations—notably Article 27(3) and Article 28(2) of the ITE Law—were designed to address this issue. However, their implementation has often been controversial, as they risk restricting freedom of expression and are sometimes applied repressively. This study evaluates the effectiveness of these regulations and explores the use of restorative justice as an alternative for resolving defamation cases. Employing a normative juridical approach, it analyzes various countries' laws, jurisprudence, and legal practices. The findings suggest that restorative justice mechanisms—such as mediation, apologies, and content removal—are more effective in resolving disputes than criminal approaches, which tend to escalate conflicts. Therefore, regulatory reforms, enhanced digital literacy, and collaboration among the government, social media platforms, and the community are essential to implementing restorative-based solutions. A more proportionate approach would enable Indonesia’s legal system to handle defamation cases more fairly, without undermining freedom of expression
THE ROLE OF TOGURA NUADA AS A MEDIATOR IN KAILI TRIBE'S HOUSEHOLD CONFLICT RESOLUTION
Full text linkIn a marriage relationship, household conflicts can be resolved in various ways, one of which is mediation by Togura Nuada, as carried out by the Kaili Tribe in Wani Lumbumpetigo Village. Alternative dispute resolution is divided into litigation (through the courts) and non-litigation (outside the courts). Mediation by Togura Nuada is a non-litigation resolution based on local wisdom, based on the concept of living law as recognized in Article 18B Paragraph (2) of the 1945 NRI Constitution. This study aims to identify the role of Togura Nuada as a mediator in household conflicts in the Kaili community, as well as supporting and inhibiting factors. This research is empirical juridical with an empirical approach. The study results show that Togura Nuada plays an active role as a mediator. Supporting factors include community culture, social legitimacy, and support systems. Inhibiting factors include limited resources and attitudes of the conflicting parties. To overcome these obstacles, adequate infrastructure, communication skills, emotional intelligence, and a deeper understanding of culture are needed