This article examines how Constitutional Court Decision Number 121/PUU-XXII/2024 reconfigures the constitutional limits of legislative discretion in designing oversight of Indonesia’s State Civil Apparatus (ASN) following Law Number 20 of 2023. Employing doctrinal legal research through statutory, case-law, conceptual, and functional comparative approaches, it analyses the judgment alongside civil-service oversight arrangements in the United States, the United Kingdom, and Australia. The study finds that the 2023 reform did not abolish merit-system supervision, but reallocated it to executive institutions involved in ASN policy or administration, thereby reducing the institutional distance between policy-making, personnel management, and compliance review. The Court did not constitutionalise the former State Civil Apparatus Commission (KASN) as the only permissible model. It instead required institutionally separate oversight capable of securing functional independence. Open legal policy therefore continues to govern the supervisory institution’s name, organisational form, legal position, composition, and detailed allocation of powers, but no longer permits the elimination of substantive supervisory independence. The judgment may be characterised as a prospective institutional remedy with limited structural implications because it prescribes an independent institution and an implementation deadline while leaving its detailed design to the law-making authorities. The article conceptualises independent ASN oversight as horizontal accountability within the administrative state and develops an evaluative framework combining institutional independence, supervisory effectiveness, coordination, and democratic accountability. This framework distinguishes substantive implementation from the merely formal creation of a new supervisory body.
This study aims to analyze the reformulation of criminal offenses in the Indonesian Criminal Code (KUHP) through the perspective of critical criminology. Existing studies on the new Criminal Code have primarily focused on normative legal issues, while analyses of criminalization and social control remain limited. The novelty of this study lies in applying critical criminology to examine the reformulation of criminal offenses not merely as a legislative reform, but also as a social process that shapes the construction of crime. This research employs a normative legal research method using statutory and conceptual approaches to examine the provisions concerning morality offenses, insults against the President and the government, defamation, and restrictions on freedom of expression under Law No. 1 of 2023 on the Indonesian Criminal Code. Legal materials were collected through library research and analyzed using qualitative methods. The findings demonstrate that the reformulation of offenses in the new Criminal Code does not entirely reflect a neutral legal reform; rather, it represents a process of criminalization shaped by power relations, dominant moral values, and mechanisms of social control. Such conditions may result in restrictions on civil liberties and selective law enforcement if the relevant provisions are not interpreted and applied proportionately. This study underscores the importance of implementing the new Criminal Code in a manner that upholds human rights and substantive justice, while contributing to the development of criminal law scholarship by advancing critical criminology as an alternative analytical framework for evaluating criminal policy in Indonesia
Karang Taruna plays a strategic role as a community-based youth organization in promoting youth development and social welfare at the village and urban village levels in Indonesia. Minister of Social Affairs Regulation No. 9 of 2025, which amends Regulation No. 25 of 2019 on Karang Taruna, provides a renewed legal basis for strengthening institutional responsibility and youth participation. This study analyzes the implementation of Article 43A concerning the responsibilities of Karang Taruna administrators and Article 18 paragraph (1) concerning the passive membership system in Gedong Meneng Baru Urban Village, Bandar Lampung. It also examines the extent to which the implementation reflects the principles of siyasah tanfidziyyah. This study employs empirical legal research with a qualitative socio-legal approach. Data were collected through semi-structured interviews and documentation and analyzed using the principles of al-tanfīdh and al-bayān. The findings show that implementation remains suboptimal due to limited funding, inactive leadership, weak administrative capacity, low youth participation, limited communication, and weak leadership regeneration. From the perspective of siyasah tanfidziyyah, strengthening Karang Taruna requires institutional revitalization, capacity building, systematic youth data collection, budgetary support, and participatory communication.
This article examines the structural limitation of authority exercised by the Papuan People’s Assembly (Majelis Rakyat Papua -MRP), a cultural representative institution established under Indonesia’s Special Autonomy framework. Despite its strong moral and cultural legitimacy to protect the identity and fundamental rights of Indigenous Papuans, MRP’s authority remains largely procedural, creating a persistent gap between its normative mandate and practical influence in regional governance. Existing studies tend to frame this limitation as an administrative or political issue, leaving its normative and theoretical dimensions underexplored. This study offers a conceptual reconstruction of MRP’s authority through the lens of Siyasah Syar’iyyah, employed as a normative governance framework rather than a merely ethical reference. Using a normative juridical method that integrates conceptual, statutory, and historical approaches, the research develops a prescriptive model grounded in the principles of al-maslahah (public welfare), al-‘adl (justice), and hifz al-‘ird (protection of dignity). The findings demonstrate that this framework enables a redefinition of MRP from a symbolic cultural body into a substantive guardian of Indigenous interests with strengthened consultative authority possessing normative effects. The article contributes by bridging Islamic political jurisprudence and indigenous governance, while offering a normative-institutional basis for enhancing cultural justice within Papua’s Special Autonomy system.
This article employs fiqh siyasah as an analytical framework to examine the implementation of regional literacy policies in Indonesia, using West Lampung Regency Regulation No. 13 of 2021 as a case study. The analysis focuses on the institutionalization of literacy governance and the qualitative dimensions of public participation. In response to debates within public policy literature regarding the gap between formalized legal provisions for participation and meaningful deliberative practices, this study adopts a qualitative juridical-empirical approach, repositioning fiqh siyasah from a normative framework into an empirical analytical instrument. The findings indicate that the implementation of literacy policy in West Lampung operates within a hybrid governance configuration, where formal legal mandates interact dynamically with community-based initiatives through the Regional Literacy Movement. Although public participation has been institutionalized and contributes to the legitimacy and sustainability of programs, the substantive influence of community actors in strategic decision-making remains limited. By operationalizing the principles of shura and maṣlaḥah as evaluative criteria, this article underscores the analytical capacity of fiqh siyasah to assess the quality of participation and the orientation of public interest in policy implementation.
