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All Journal Substantive Justice International Journal of Law Jambe Law Journal Jurnal Konstitusi
Mutawalli Mukhlis, Muhammad
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Humanities Law, Crime, Criminology & Criminal Justice

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Narrating Recruitment Model for Legislator Candidates: Is It Fair? Mutawalli Mukhlis, Muhammad; Maskun, Maskun; Budiyanto, Budiyanto; Jumas, Jumas; Rahadian, Dian; Olemanu Lohalo, Georges
Jambe Law Journal Vol. 7 No. 1 (2024)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/home.v7i1.345

Abstract

This research analyzes the problems of democratic and aspirational recruitment models and mechanisms for legislative candidates by political parties, aiming at formulating cadre-based recruitment arrangements that best represent democratic ideals. Using normative legal, conceptual, statutory and comparative approaches, this article argues that there are two principal recruitment problems. First, legal arrangement pertaining to methods, procedures, and requirements for the recruitment is generally absent from the statutory regulations.  Second, the internal process of decision-making within the political party is generally undemocratic, owing partly to the pragmatism and power-oriented calculation of the elites within the party. Recommendation for ideal recruitment arrangements is thus proposed to ameliorate these problems. Among others, the recruitment by political parties must consider aspects of representativeness, ideological consistency, internal political party flow, development of career path-based cadre systems, and quota fulfillment. Additionally, political party cadre needs training to boost their skills in carrying out main duties and functions as a member of the Board People's Representatives
Dynastic Politics in Regional Elections: Challenges to Democracy and the Need for Legal Reform in Indonesia: Politik Dinasti dalam Pemilihan Kepala Daerah: Tantangan terhadap Demokrasi dan Urgensi Reformasi Hukum di Indonesia Mutawalli Mukhlis, Muhammad; Ilmar, Aminuddin; Maskun, Maskun; Aswanto, Aswanto; Tajuddin, Muhammad Saleh
Jurnal Konstitusi Vol. 21 No. 4 (2024)
Publisher : Constitutional Court of the Republic of Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31078/jk2143

Abstract

Dynastic politics, practiced by certain groups of individuals with kinship ties or close relationships, dominate political positions in regional head elections and local government administration processes. This phenomenon persists due to the lack of concrete regulations, thereby normalizing it as a political practice in Indonesia. This study aims to elaborate on the facts surrounding dynastic political practices, examine how such practices undermine the democratic ideals envisioned by the people, and propose prospective regulatory frameworks to address this issue. The research employs a normative juridical method with statutory, historical, and conceptual approaches. The findings reveal that dynastic political practices harm the democratic system and tend to be more formalistic rather than providing a genuine opportunity for the people to elect leaders aligned with their will. To prevent such practices in the future, the government, the legislature, and election organizers must collaborate to formulate concrete regulatory norms in the Regional Head Election Law.
Strengthening Indonesia’s Waste Management Laws: Compliance with Public Health and Marine Conservation Norms Maskun, Maskun; Mohamad Khalid, Rasyikah; Ratnawati, Ratnawati; Mutawalli Mukhlis, Muhammad; Anggara, Wira; Ramli, Rafika Nurul Ramadani
Susbtantive Justice International Journal of Law Vol 7 No 2 (2024): Substantive Justice International Journal of Law
Publisher : Faculty of Law, Universitas Muslim Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/substantivejustice.v7i2.298

Abstract

Study examines the legal accountability of household waste management in Makassar City within the framework of Indonesian environmental law and its alignment with Sustainable Development Goals, such as SDG 3 “Good Health and Well-Being” and SDG 14 “Life Below Water”. Employing a normative and empirical legal research approach, the study integrates primary data from legal instruments and field observations with secondary legal sources. The findings highlight that ineffective enforcement of criminal sanctions has contributed to the persistence of poor waste management practices. Instead, administrative sanctions, such as fines and corrective measures, have demonstrated greater effectiveness in ensuring compliance. Additionally, a lack of public awareness and inadequate waste segregation infrastructure further exacerbate waste management challenges. Data analysis from the National Waste Management Information System or Sistem Informasi Pengelolaan Sampah Nasional for 2020 until 2023 reveals that nearly 41% of total waste in Indonesia remains unmanaged, while Makassar alone generates approximately 1,000 tons of waste per day. Given these challenges, this study advocates for the enhancement of legal enforcement mechanisms by prioritizing administrative over criminal sanctions, strengthening public participation, and integrating sustainable waste management policies. Comparative insights from countries with successful waste management strategies, such as Japan and Sweden, underscore the importance of policy coherence, stakeholder collaboration, and technological innovations. The study concludes that an effective regulatory framework, coupled with community engagement and structured law enforcement, is essential for achieving intergenerational sustainability and environmental protection in Indonesia.
Co-Authors Aminuddin Ilmar Anggara, Wira Aswanto, Aswanto Budiyanto Budiyanto Dian Rahadian Jumas, Jumas Maskun Mohamad Khalid, Rasyikah Muhammad Saleh Tajuddin Olemanu Lohalo, Georges Ramli, Rafika Nurul Ramadani Ratnawati Ratnawati