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Ius Constituendum Regulates the Cadre-Based Recruitment of Candidates for Members of the House of Representatives Through Political Parties Mukhlis, Muhammad Mutawalli; Ruslan, Achmad; Wahid, A.M. Yunus; Ilyas, Anshori; Wahab, Harlida Abdul
Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 7 Issue 1 (2024) Volksgeist: Jurnal Ilmu Hukum Dan Konstitusi
Publisher : Faculty of Sharia, Universitas Islam Negeri (UIN) Profesor Kiai Haji Saifuddin Zuhri Purwokerto, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/volksgeist.v7i1.10830

This study seeks to examine the challenges associated with cadre-based recruitment of the House of Representative candidates by political parties and to propose ideal frameworks for such recruitment. The current processes of political party recruitment are not comprehensive and encounter philosophical, sociological, and juridical issues. Philosophically, recruitment practices and orientations differ widely among parties, with some adopting populist methods and others being controlled by party elites. Sociologically, a feudalistic political culture ties parties to certain figures, promoting a pragmatic approach aimed at winning elections rather than ensuring candidate quality. Juridically, while Law Number 2 of 2011 mandates democratic cadre recruitment, Law Number 7 of 2017 on General Elections lacks clear requirements for nominating cadres, resulting in inconsistencies between the laws. This research employs a normative legal methodology, incorporating conceptual, statutory, and comparative approaches. The study involves analyzing regulatory documents, books, journals, and other relevant scholarly works to explore how legal provisions are implemented in society. The findings indicate that problems in cadre-based recruitment arise from ambiguous principles and orientations in regulations. Future arrangements should prioritize party ideology and orientation, drawing on practices from Malaysia and the United States. It is crucial to establish statutory principles for political party cadre and recruitment, focusing on character, utility, ideology, vote balance, democracy, transparency, justice, and equality.

Democratic State Governance: The Urgency of Implementing Conventions in Constitutional Practices in Indonesia Mukhlis, Muhammad Mutawalli; Aidonojie, Paul Atagamen; Paidi, Zulhilmi; Tajuddin, Muhammad Saleh
Fenomena Vol 23 No 1 (2024): FENOMENA: Journal of the Social Sciences
Publisher : LP2M UIN KH.Achmad Siddiq Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/fenomena.v23i1.155

Constitutional conventions are often used with different meanings depending on the context of the discussion. Constitutional conventions are only limited to agreements between bilateral and multilateral countries, agreements among international law subjects, meetings of political, legislative, fraternal members or representatives, and other organizations. Constitutional conventions are not formed and built from laws, court decisions, or parliamentary customs but are outside of them to regulate political behavior. This research aims to determine the urgency of constitutional practice conventions in Indonesia. This research uses qualitative research. The method used in this research is a normative legal research method. This research concludes that the Convention in constitutional practice in Indonesia has an essential urgency in forming and regulating government governance. The urgency of conventions in constitutional practice is to perfect the constitutional system, empower state institutions, develop constitutional law, and provide crisis resolution in politics.

Heavy Parliamentary v. Heavy Executive: Ambiguity of Power in Indonesian Constitutional Practices Mukhlis, Muhammad Mutawalli; Wahab, Harlida Abdul; Paidi, Zulhilmi; Sastrawaty, Nila; Hasan, Haslinda
Jurnal Media Hukum Vol 31, No 2 (2024): December
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v31i2.21703

The history of the Indonesian constitution has implemented Parliamentary and Presidential systems at different times. However, in practice it creates ambiguity in system implementation. The presidential system currently implemented is experiencing a dilemma due to regulation and separation of powers which tends to still have a parliamentary nuance. This research is library research that examines and explores regulatory documents, books, journals and other scientific works that are relevant to the topic of discussion. The results of data collection were analyzed in depth and then presented descriptively analytically. This article aims to provide ideas for building a concrete government system based on the shift in power functions that has occurred. This article concludes the need to issue a Law on the Presidential Institution which contains concrete limits on the powers of the President and the DPR. The President's capacity as head of government is limited by the party coalition in parliament. Therefore, it is necessary to redefine the roles and relationships between the President, DPR and political parties, clarify the checks and balances mechanism, and support the effectiveness of concrete and proportional government.

Limitasi Demokrasi Hak Presiden dalam Kampanye Politik Sebagai Penguatan Sistem Pemilihan Umum Mukhlis, Muhammad Mutawalli; Balebo, Piaget Mpoto; Syarifuddin, Andi; Tajuddin, Muhammad Saleh
Jurnal Pembangunan Hukum Indonesia Volume 6, Nomor 2, Tahun 2024
Publisher : PROGRAM STUDI MAGISTER HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/jphi.v6i2.260-280

Lintas demokrasi dan sistem pemilu mengacu pada berbagai jenis demokrasi dan sistem pemilihan yang digunakan di berbagai negara di seluruh dunia. Penelitian membahas limitasi hak presiden dan kewenangannya serta dampaknya dalam proses pemilu dalam rangka penguatan sistem pemilu. Penelitian menggunakan metode penelitian kualitatif dengan pendekatan hukum normatif. Hasil penelitian menemukan bahwa limitasi hak presiden dalam kampanye politik sebagai penguatan system pemilihan umum ialah presiden harus tetap berlaku netral, tidak menggunakan anggaran negara, tidak boleh secara aktif terlibat dalam kampanye politik kandidat tertentu, serta presiden harus berhati-hati agar kebijakan pemerintah tidak dimanfaatkan untuk keuntungan politik. Sementara dampak yang ditimbulkan dari limitasi tersebut dapat mengurangi risiko penyalahgunaan kewenangan, meningkatkan keadilan kompetisi, memperkuat akuntabilitas, menjamin transparansi, serta menjamin keseimbangan kekuasaan.

Regional Government According to the 1945 Constitution: Ideas Refinements and Law Reform Mukhlis, Muhammad Mutawalli; Maskun, Maskun; Tajuddin, Muhammad Saleh; Paidi, Zulhilmi
Journal of Law and Legal Reform Vol. 5 No. 2 (2024): Justice and Law Reform in Various Perspectives
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.vol5i1.3125

The concrete division of authority for government affairs between the center and the regions is still a matter of debate to this day, even though in principle the principle of broadest autonomy requires regional governments to carry out government affairs independently and freely. The principle of broadest autonomy in question is the independence of regional heads' powers. This research discusses things that hinder the role of regional governments in administering government according to the principle of broad autonomy and provides ideas for government models that are in accordance with the principles of concrete and pure autonomy in accordance with the mandate of the Indonesian constitution. This research aims to establish a regional government system that regulates the implementation of autonomous government in accordance with the principle of the widest possible autonomy as mandated by article 18 of the 1945 Constitution. This research is qualitative research, which is a normative legal study using a statutory, conceptual approach. and doctrinal. The material collection technique is through literature review, then the material is processed and analyzed in depth and presented in a descriptive analytical prescriptive manner. The results of this research found that there is a need for comprehensive management of regional affairs by regional heads as an embodiment of the principle of broadest autonomy.

Exploring SDGs Regulatory Frameworks and Regional Regulation for Climate Change Mitigation and Adaptive Resilience in Coastal Communities Naswar; Ilmar, Aminuddin; Mukhlis, Muhammad Mutawalli; Achmad; Md. Khalid, Rasyikah
Jurnal IUS Kajian Hukum dan Keadilan Vol. 12 No. 3 (2024): Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v12i3.1543

Climate change will cause ecosystem changes that will affect all aspects of human life on earth. The Intergovernmental Panel on Climate Change (IPCC), in its fifth assessment report (AR5), stated that climate change is also having an impact on the marine environment. Indonesia as an archipelagic country will of course also feel the domino effect of climate change. Therefore, climate change is very urgent to be discussed in Indonesia. This article will examine and formulate derivative regulations which are implementation instruments to provide legal protection for the environment and coastal residents when facing the impacts of climate change. This paper applies normative research methods as well as a contextual approach, historical approach, legal approach, comparative approach and case approach which will then be analyzed qualitatively. Specifically, this article will analyze the Buton Regency, especially the North Buton Regency government's efforts to overcome climate change which is realized by the existence of regional regulations that specifically regulate Climate Change Adaptation [API] as well as integrating regional regulations with API elements, especially in the sectors of spatial design, development planning and disaster management. So, it can be a reference for a regions that have coastal areas to achieve the target of Sustainable Development Goals [SDGs] point 13.

Heavy Parliamentary v. Heavy Executive: Ambiguity of Power in Indonesian Constitutional Practices Mukhlis, Muhammad Mutawalli; Wahab, Harlida Abdul; Paidi, Zulhilmi; Sastrawaty, Nila; Hasan, Haslinda
Jurnal Media Hukum Vol. 31 No. 2: December 2024
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v31i2.21703

The history of the Indonesian constitution has implemented Parliamentary and Presidential systems at different times. However, in practice it creates ambiguity in system implementation. The presidential system currently implemented is experiencing a dilemma due to regulation and separation of powers which tends to still have a parliamentary nuance. This research is library research that examines and explores regulatory documents, books, journals and other scientific works that are relevant to the topic of discussion. The results of data collection were analyzed in depth and then presented descriptively analytically. This article aims to provide ideas for building a concrete government system based on the shift in power functions that has occurred. This article concludes the need to issue a Law on the Presidential Institution which contains concrete limits on the powers of the President and the DPR. The President's capacity as head of government is limited by the party coalition in parliament. Therefore, it is necessary to redefine the roles and relationships between the President, DPR and political parties, clarify the checks and balances mechanism, and support the effectiveness of concrete and proportional government.

Strengthening Presidential Institutions in Indonesia: A Policy Analysis for Governance Reform Mukhlis, Muhammad Mutawalli; Lohalo, Georges Olemanu; Imširović, Mirela; Balebo, Piaget Mpoto
Al-Adalah: Jurnal Hukum dan Politik Islam Vol 10, No 1 (2025)
Publisher : Program Studi Hukum Tata Negara, Fakultas Syariah dan Hukum Islam IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/ajmpi.v10i1.7571

This study examines the urgency of strengthening Indonesia's presidential institution to enhance governance and adapt to contemporary challenges. The research aims to assess the institution's capacity to ensure political stability, promote democratic values, and address corruption and centralization of power. Utilizing mixed methods, the study combines surveys, in-depth interviews, and direct observation, supported by thematic and statistical analysis. Key findings indicate that improving inter-institutional collaboration, adopting innovative decision-making strategies, and leveraging technology for transparency are crucial for addressing governance challenges. The study concludes that reforms in legal frameworks and accountability mechanisms are vital for enhancing public trust and institutional responsiveness. These findings provide actionable insights for policymakers to advance democratic governance and institutional resilience

The Role and Authority of the Deputy Regional Head According to Islamic Principles within the Framework of Regional Government Law Hariyanto, Hariyanto; Mukhlis, Muhammad Mutawalli; Rismana, Daud
JURIS (Jurnal Ilmiah Syariah) Vol 24, No 1 (2025)
Publisher : Universitas Islam Negeri Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/juris.v24i1.12678

The position of the deputy regional head in Indonesia's regional government system is often unclear, particularly within constitutional and legal context. This ambiguity leads to inefficiencies and conflicts in governance. This study seeks to examine the role of the deputy regional head from the perspective of fiqh siyasah, addressing the legal uncertainties and suggesting ways to enhance their authority. Utilizing a normative juridical approach, this research draws on secondary data from legal documents, academic articles, and other pertinent sources. Data were gathered through a structured literature review, and qualitative analysis was conducted using juridical methods to create a descriptive narrative. The findings indicate that the authority of the deputy regional head is frequently overshadowed by the regional head, relegating their role to mostly ceremonial or minor administrative tasks. This disparity contradicts Islamic governance principles, which prioritize justice, consultation, and accountability. This study contributes to the field by proposing a Principle-Based Authorization Model aimed at redefining the deputy’s authority in a way that aligns with both Islamic values and contemporary governance requirements. This model is recommended as a foundation for legal and policy reforms to promote more effective and cohesive regional governance.

Regional Autonomy System: Delegation of Authority and Power of Regional Government in Indonesia in the Study of Fiqh Siyasah Mukhlis, Muhammad Mutawalli; Maskun, Maskun; Tajuddin, Muhammad Saleh; Aslan, Jamal; Hariyanto, Hariyanto; Samosir, Hotlan
AL-ISTINBATH : Jurnal Hukum Islam Vol 9 No 2 (2024)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v9i2.9709

This research aims to find out the implementation of regional autonomy in Indonesia in general and also to find out about Fiqh Siyasah's view on the implementation of regional autonomy in Indonesia. A qualitative approach was used in conducting this research and data was obtained through relevant literature studies. The result, Islam provides space for ijtihad in the area of siyasah or state politics provided that it is done to achieve the goals of benefit and justice as well as the welfare of the general public. One of the things related to the siyasah area is related to the implementation of regional autonomy in Indonesia. Basically, the provision of regional autonomy in Indonesia is a space to provide opportunities for each region in this country to explore and develop the potential of each region in order to provide prosperity for regional communities. The conclusion, this article highlights the importance of local government autonomy within a federal structure to encourage grassroots democracy and self-governance. Islamic law does not have specific rules regarding regional autonomy, and this concept emerged during the reform era to promote justice and prosperity. However, Islam still acknowledges the concept of baldatun thayyibatun, which is based on the Qur'an and the Sunnah of the Prophet.

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