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Showing 83 articles found for "Rule"

The Transition from Conventional Constitutions to Digital Law: Constitutional Law Challenges in the Age of Artificial Intelligence

Septia, Sya’baniatie Ninda
Abstract: The rapid advancement of digital technology and artificial intelligence (AI) in the twenty-first century has fundamentally transformed the structure of modern constitutional governance. Digitalization has reshaped the interactions… teractions between governments and citizens, altered the patterns of political participation, and presented major challenges to constitutional principles. This study aims to analyze the implications of technological development for constitutional law and propose the concept of a digital constitution as an adaptive framework in the AI era. This study employs a normative legal method, using both conceptual and statutory approaches. Legal materials consist of primary, secondary, and tertiary sources, which are analyzed qualitatively and descriptively. The findings reveal that, while digital transformation enhances governmental efficiency and public transparency, it also generates serious risks, including data misuse, digital surveillance, and political disinformation. These dynamics demand a reinterpretation of constitutional norms to protect citizens' digital rights in cyberspace. The concept of a digital constitution is proposed as a normative response that integrates digital rights into constitutional rights and reaffirms the principle of the rule of law within technological governance. To achieve a democratic and just constitutional order, it is crucial to strengthen regulatory frameworks, ensure algorithmic accountability, and foster collaboration among state institutions, civil society, and the private sector. Ultimately, constitutional law must evolve into an adaptive, transparent, and fair system that can address the profound challenges of the digital and AI-driven era.

Constitutionality Testing of Presidential Candidacy Thresholds in Elections Based on the Principle of Popular Sovereignty

Munir, Noenik Soekorini, Sri Astutik, Vieta Imelda Cornelis, Bachrul Amiq
Abstract: This study critically examines the constitutionality of Indonesia’s presidential candidacy threshold under Article 222 of Law No. 7 of 2017 in relation to the principle of popular sovereignty in Article 1(2) of the 1945… 5 Constitution. The threshold requiring a party or coalition to hold 20% of DPR seats or 25% of the popular vote has been controversial for limiting voter choice and reinforcing oligarchic dominance. Using a normative legal research method, the study applies doctrinal interpretation through grammatical, systematic, historical, and teleological approaches to evaluate whether the threshold is consistent with constitutional democracy. The analysis identifies a disconnect between the legislative rule and the constitutional concept of sovereignty residing with the people, informed by theories of democracy, sovereignty, and progressive legal thought. While procedurally legitimate, the threshold lacks substantive constitutional validity because of its exclusionary impact on political participation. The study proposes four reform options: repeal, proportional adjustment, judicial reinterpretation, and constitutional amendment. These reforms would realign electoral rules with democratic principles and restore voters’ political agency. A doctrinal reinterpretation model is offered, framing the threshold as a regulatory instrument rather than a rigid barrier, advocating a legal structure that promotes inclusivity and reflects the people’s general will.

Judicial Reasoning in Sidoarjo District Court Decision No. 199/Pid.Sus/2023: Corporate Criminal Liability in Environmental Crimes

Samsul Hadi, Dudik Djaja Sidarta, Renda Aranggraeni, M. Yustino Aribawa
Abstract: This study analyzes the judicial reasoning behind Putusan Pengadilan Negeri Sidoarjo No. 199/Pid.Sus/2023/PN Sda, a landmark decision involving corporate criminal liability for environmental violations in Indonesia. The… case centers on PT Surya Prima Semesta’s illegal disposal of hazardous waste (fly ash and bottom ash) without an environmental permit, resulting in the prosecution of its corporate director. Employing a normative juridical method, the research examines the court’s application of doctrines such as strict liability and identification theory within the framework of Law No. 32 of 2009 on Environmental Protection and Management. The findings show that the court adopted a formalistic, text-based legal reasoning model, treating permit violations as inherently punishable acts regardless of actual environmental harm. While the decision reinforces regulatory compliance and affirms corporate culpability, it lacks engagement with broader organizational responsibility and foundational environmental law principles like the precautionary principle and sustainability. This study argues for a more integrated doctrinal approach one that balances rule-based logic with value-oriented reasoning to enhance legal consistency, advance environmental justice, and align Indonesia’s corporate accountability framework with international standards.

The Implementation of Work Discipline in Improving Employee Performance At Hilimegai South Nias Regency

Ndruru, Yance Erni Kasih, Mendrofa, Cardinal Pranatal, Lase, Delipiter, Laia, Otanius
Abstract: The focus of research in this study is to understand the symptoms of objects thoroughly so that researchers can identify existing problems and formulate problems to be studied. This research focused on the application of… work discipline to improve employee performance at the Hilimegai Sub-district Office, South Nias Regency with a descriptive approach. The purpose of descriptive research is to describe and analyze research data related to phenomena, social activities, and human attitudes in various situations. At the Hilimegai Sub-district Office of South Nias Regency, the implementation of work discipline is quite good because most employees arrive on time although a small number are sometimes late due to long distances from home, but this is not used as an excuse and they still obey the rules. Employees there also always take care of office equipment as a form of discipline. They also show high responsibility by diligently completing work and are willing to work overtime to achieve work targets. However, adherence to the rules still needs to be improved because some employees often neglect their duties. Employees at the Hilimegai Subdistrict Office of South Nias Regency work for 8 hours a day, from 8 am to 4 pm, and always follow the rules that apply in their office.

Fiqh Siyâsah Shar'iyyah Analysis of the Boycott of Pro-Israel Products Based on MUI Fatwa No. 83 of 2023 concerning the Law of Support for the Palestinian Cause

Safdhinar Muhammad An Noor
Abstract: This research article seeks to review and analyze MUI Fatwa No. 83 of 2023 concerning recommendations for calls and calls for boycotts of pro-Israel products based on the views of fiqh siyasah.  The aim is to find out how… ow the fiqh siyasah syar'iyyah views the boycott of pro-Israel products as a form of jihad and defense of the Palestinian state after the issuance of the MUI Fatwa ruling. This research uses a type of library research with a descriptive analysis approach. The results of the study found that in the view of fiqh siyasah boycott of pro-Israel affiliated products is mandatory if the boycott is believed to be harmful and difficult to the infidel Zionist Israel, and does not result in mafsadah for Muslims and a larger state than the mafsadah to be minimized. However, if the boycott actually brings violence and adversely affects Muslims, then the law does not become mandatory. Because in the rule that takes precedence is to anticipate the occurrence of mafsadah rather than realizing benefits. This is an effort to weaken the economy so that it can have a significant impact on stopping the military aggression carried out by Israel. That way, it will be very helpful to open a space for conflict peace between the two warring countries. But in various cases, this boycott must also pay attention and consider the negative impacts it causes, so as not to cause violence for Muslims and the country.

Ensuring Administrative Legality and Justice Through Judicial Review In Indonesia

Iristian, Yovan
Abstract: Within the context of the Indonesian legal system, this study investigates the crucial function that judicial review plays in ensuring that administrative procedures are lawful and that justice is served. This study sheds… s light on the techniques, processes, and issues that are involved with judicial review in relation to administrative acts. It does so by conducting a comprehensive analysis of judicial decisions, legal precedents, and legislative frameworks. The paper provides an in-depth analysis of the development of judicial review in Indonesia, following its historical progression and analysing the current state of affairs. Through an in-depth analysis of administrative decisions, it examines the role that the court plays in ensuring that administrative procedures are valid, preserving a system of checks and balances, and protecting fundamental rights. The impact of judicial review on administrative institutions and the legal landscape is also investigated in this study. Particular attention is paid to the role that judicial review plays in promoting openness, accountability, and adherence to the rule of law for administrations. The purpose of this research is to give useful insights into the efficient operation of Indonesia's administrative governance and the improvement of justice in administrative procedures. This is accomplished by casting light on the junction between judicial review and administrative law.

Peran Guru Dalam Implementasi Tata Tertib Sekolah Untuk Penguatan Pendidikan Karakter Di Madrasah Tsanawiyah Darunnajah 2 Cipining Bogor

Helmi Mar'ie Muhammad, Abdul Saipon, M Nur Rochmat
Abstract: Nowadays, we are often disturbed by the behavior of children, especially middle school age teenagers. Because we find a lot of news that teenagers shouldn't do. Even though the aim of National education is to create complete… lete humans, that is, humans who have knowledge and insight who are responsible for the continued development of this developing nation, so to achieve this goal, in order to form good quality students or students as resources In the future this needs to be paid attention to and prepared to answer these expectations. Creating adequate school conditions to fully develop students' abilities is the key. So, in order to realize the founder's ideals, it is necessary to draft regulations. The descriptive qualitative research method is the method used in this research. Data collection techniques are carried out through observation, interviews and documentation. From the research results, in this case it was found that the role of teachers in implementing school rules and regulations has a big impact in strengthening students' character, seen from how teachers act, and becomes a benchmark for students at school. Teachers need to be Ushwah or examples so that students can strengthen the character they have. As for the implementation of the rules and regulations, the disciplinary commission section carries out Socialization, Commitment and Enforcement, Imposing Sanctions, Evaluation and Improvement, and Continuity.

Dinamika Pendidikan Islam Masa Daulah Abbasiyah dan Peranannya dalam Perkembangan Pendidikan

Jasmanidar, Ike Wahyuni, Zulmuqim, Fauza Masyhudi
Abstract: This abstract discusses Islamic education during the Abbasid Daulah era. Education is a place where someone interacts or the teaching and learning process takes place with the learning environment. Islamic educational institutions… stitutions are places where someone strives to increase students' faith, understanding, appreciation and practice of the Islamic religion so that they become individuals who believe and are devout in personal life, religion, society, nation and state. Islamic education began to develop from the time of the Prophet, the time of Khulafaur Rasyidin, the time of the Umayyah Daulah, the time of the Abbasid Daulah, until the present. Islamic education during the time of the Abbasid Daula experienced a golden age, at which time Islamic education was marked by amazing progress in the fields of science, culture and civilization, so that its existence can be proven through various sources of information recorded in history books and observers of history from various parts of the world that were once ruled by Islam. The aim of writing this article is to discuss the dynamics of Islamic education during the Abbasid period and its role in the development of Islamic education. The research method used in this research is library research. Sources of information for this research were obtained through various sources, print media, online media regarding the topics discussed. The results of the research in this article can be seen from the development of Islamic educational institutions that developed during the Abbasid period, including: mosques, Al-Hawanit al-Wariqien (bookstores), al-manazil al-ulama (houses of ulama), literary studios , madrasas, libraries and observatories, kuttabs, lower education in palaces, hospitals and badiahs.

Revolusi dan Kontinuitas:Membahas Warisan Budaya Bani Umayyah dalam Konteks Dunia Modern

Noor Hidayah
Abstract: The Umayyad dynasty which rule from 661 AD from 750 AD,stands as a pivotal period in early islamic history leaving a diverse and influential cultural legacy that persists into the modern era .This research aims to explore… e how to the cultural heritage of the umayyads remains relevant of the context modern world,particularly in the fields of art and  architecture.The Umayyad dynasty is renowned for estabilishing a strong empire that encompassed vast territories from the Middle East to Andalusia in Spain.Calliph Abdul Malik ibn Marwan , a prominent figure of the time,introduced the Umayyad Dinar as the official currency and initiated the monumental project Dome of The Rock in Jerusalem,which continues to be one of the most significant symbols of Islamic architecture.Umayyad architeture reflects a blend of Roman, Persian , and newly introduced islamic elements.Their distinctive of domes, calligraphy,and intricate mosaics has deeply inspired modern artists and architect. This study explores how the cultural values from the past continue to inspire and shape contemporary works.By considering the global impact  of Umayyad heritage, we can understand how continuity and evolution in human history occur through the development of art,architecture and values systems.Through this analysis, we highlight the importance of understanding how cultural values from the past can reinterpreted in different contexts to support the evolution of an inclusive and sustainable cultural future.

PENANGGULANGAN PATOLOGI BIROKRASI DI KANTOR KECAMATAN LAPPARIAJA KABUPATEN BONE

Almahdali, Humairah, Sakir, Ahmad Rosandi
Abstract: The conclusion of this study indicates that the implementation of offensive and defensive strategies in the Sub-District Office has proceeded adequately. Evaluation of offensive strategy indicators, such as the approach… among colleagues, shows a significant improvement. Although it is already quite good, further improvement is necessary, especially in terms of employees giving warnings to colleagues who violate rules. The family approach has also positively contributed to efforts to prevent bureaucratic pathologies. The weekly evaluations conducted by the section head with the team can be seen as a proactive step in maintaining performance quality. Although it is already quite good, there is a need for improvement to make these evaluations more effective in preventing and addressing violations. On the defensive strategy side, implementing mild sanctions in the form of written warnings has been effective. These sanctions are given to employees who violate rules, such as being absent without notice for 6 to 10 days. Moderate and severe sanctions have also been well implemented when needed, indicating readiness to respond to more serious violations. Overall, offensive and defensive strategies in the Sub-District Office of Pitumpanua are already quite good, but continuous improvement is needed to ensure their effectiveness in dealing with various situations and cases of bureaucratic pathologies in the future.