JIL : Journal of Indonesian Law

URGENSI PEMBENTUKAN UNDANG-UNDANG LEMBAGA KEPRESIDENAN DALAM SISTEM KETATANEGARAAN INDONESIA

Mon, 21 Sep 2026 00:00:00 +0000

The Presidential Institution occupies a central position within Indonesia’s constitutional structure as the holder of executive authority pursuant to Article 4 paragraph (1) of the 1945 Constitution of the Republic of Indonesia (UUD NRI 1945). However, to date, there has been no specific legislation that comprehensively regulates the status, functions, and powers of the Presidential Institution. This legal vacuum has given rise to overlapping authorities, an ambiguous organizational framework, and a weakened mechanism of public accountability. This study seeks to examine the urgency of formulating a Presidential Institution Law and to determine the appropriate direction for its regulatory framework with the objective of strengthening the principle of checks and balances and preventing the abuse of power. The research adopts a normative juridical methodology employing statutory and conceptual approaches, through analytical examination of the 1945 Constitution of the Republic of Indonesia, the 2001 Draft Law on the Presidential Institution, and relevant academic literature. The findings reveal the necessity of establishing clear limitations on presidential powers in relation to the executive, legislative, and judicial branches; regulating the position of the vice president; defining the scope of presidential authority during electoral periods; setting out procedures for filling a presidential vacancy; and delineating the mechanisms for presidential dismissal and impeachment. The absence of a specific law governing the Presidential Institution has undermined the system of checks and balances within the constitutional order and resulted in inconsistency with the principles of constitutional democracy. Accordingly, the enactment of a Presidential Institution Law constitutes an urgent imperative to reaffirm the separation of powers between the President as head of state and head of government, to establish a coherent framework of accountability, and to safeguard the continuity of Indonesia’s constitutional democratic system.

Keywords: Law, Presidential Institution, Constitutional System.

DISKRESI PRESIDEN DALAM PEMBERIAN REHABILITASI TERHADAP PELAKU TINDAK PIDANA KORUPSI: ANALISIS KONSTITUSIONAL ATAS KASUS IRA PUSPADEWI DALAM PERSPEKTIF CHEKS AND BALANCES

Badrul Kamal — Mon, 21 Sep 2026 00:00:00 +0000

The granting of rehabilitation by the President is a constitutional authority stipulated in Article 14, paragraph (1) of the 1945 Constitution of the Republic of Indonesia. However, the exercise of this authority with respect to perpetrators of corruption has sparked debate regarding the limits of the President’s discretion within a democratic rule-of-law system, particularly when it potentially conflicts with the independence of the judiciary and the principle of checks and balances. This study aims to analyze the legal framework of the President’s authority to grant rehabilitation, the constitutional limits on the exercise of discretion in granting rehabilitation, and its implications through a case study of the rehabilitation granted to Ira Puspadewi, the former President Director of PT ASDP Indonesia Ferry. This research employs a normative legal research method using the statutory approach, the conceptual approach, and the case approach. Primary, secondary, and tertiary legal sources were analyzed qualitatively using systematic interpretation and legal reasoning. The research findings indicate that the President’s authority to grant rehabilitation is not an absolute prerogative, but rather an administrative authority whose exercise is limited by the rule of law, the principle of legality, provisions regarding discretion in Law No. 30 of 2014 on Government Administration, general principles of good governance, as well as the principles of separation of powers and checks and balances. An analysis of the Ira Puspadewi case reveals that the absence of clear normative parameters regarding the granting of rehabilitation creates room for differing interpretations, the politicization of authority, and the potential for abuse of discretion, thereby impacting judicial independence, the effectiveness of anti-corruption efforts, governmental integrity, and public trust. This study proposes the framework that presidential rehabilitation should be understood as an “administrative follow-through”—that is, an administrative action that merely implements the administrative consequences of judicial legitimacy without altering or diminishing the legal effects of a court ruling. Based on this framework, it is necessary to establish more comprehensive regulations regarding the granting of rehabilitation so that the exercise of the President’s authority remains within the bounds of the Constitution and the rule of law.

ANALISIS HUKUM TERHADAP KESETARAAN GENDER DI INDONESIA BERDASARKAN KONVENSI CEDAW

Evant Julian — Mon, 21 Sep 2026 00:00:00 +0000

This study aims to analyze the implementation of the principles of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) within the Indonesian legal system, identify the existing forms of gender discrimination, and formulate strategies to strengthen legal protection for women. This research employs normative legal research using statutory and conceptual approaches. The legal materials consist of primary, secondary, and tertiary legal sources collected through library research and analyzed qualitatively using descriptive-analytical techniques. The findings indicate that Indonesia has established a legal framework accommodating the principles of CEDAW through various laws and regulations, including its ratification under Law Number 7 of 1984. However, the implementation of these principles remains suboptimal due to the gap between legal norms and their practical enforcement, resulting from incomplete regulatory harmonization, weak institutional coordination, limited law enforcement, and persistent patriarchal cultural values. This study concludes that strengthening the implementation of CEDAW requires sustainable legal reform, enhanced institutional capacity for women's protection, improved public legal education and awareness, and broader participation of civil society to achieve more effective and equitable legal protection for women in Indonesia.

EFEKTIVITAS PENGUATAN MODERASI BERAGAMA MELALUI PROGRAM BIMBINGAN PERKAWINAN: STUDI SOCIO-LEGAL IMPLEMENTASI PERPRES NOMOR 58 TAHUN 2023 DI KUA KOTA BANDA ACEH

Muhammad Husnul — Mon, 21 Sep 2026 00:00:00 +0000

This study analyzes the effectiveness of the implementation of Presidential Regulation No. 58 of 2023 on Strengthening Religious Moderation through the Marriage Guidance Program for Prospective Brides and Grooms at the Office of Religious Affairs (KUA) in Banda Aceh. This empirical legal study employs a socio-legal framework by integrating statutory, conceptual, legal philosophy, and Islamic legal philosophy approaches. Data were collected through in-depth interviews, observation, and documentation at the KUA offices of Baiturrahman, Lueng Bata, and Kuta Alam Districts. The analysis is based on Soerjono Soekanto’s theory of legal effectiveness, which comprises legal, law enforcement, facilities, community, and cultural factors, and is further enriched by perspectives from legal philosophy and maqāṣid al-syarī‘ah. The findings show that Presidential Regulation No. 58 of 2023 has provided normative legitimacy for strengthening religious moderation through Marriage Guidance, yet moderation indicators have not been fully translated into standards for instructional content, facilitator competence, learning methods, and program evaluation. Values of justice, balance, deliberation, compassion, mutual respect between spouses, and nonviolence have been implicitly integrated into materials on communication, rights and obligations, and conflict management. The policy implementation is effective at the normative and institutional levels, moderately effective at the pedagogical and social acceptance levels, but cannot yet be considered substantively effective because post-program evaluation and measurement of changes in couples’ behavior are still absent. The novelty of this study lies in developing an analytical framework for assessing the effectiveness of religious moderation implementation by integrating legal effectiveness theory, legal philosophy, and maqāṣid al-syarī‘ah as an evaluative framework for the Marriage Guidance Program. This study recommends standardizing family moderation indicators, strengthening facilitator competence, developing case-based learning, and establishing structured post-marital mentoring and evaluation.

ANALISIS KESIAPAN UIN SIBER SYEKH NURJATI CIREBON SEBAGAI MITRA STRATEGIS IMPLEMENTASI ELECTRONIC VOTING DALAM MENDUKUNG TRANSFORMASI DIGITAL PEMILU

Saiful Ansori, Elsha Nuzarkasih, Mila Herawati — Mon, 21 Sep 2026 00:00:00 +0000

This study aims to analyze the readiness of Universitas Islam Negeri (UIN) Siber Syekh Nurjati Cirebon as a strategic partner in supporting the implementation of electronic voting (e-voting) for elections in Cirebon City. This study employed a qualitative case study approach using observation, in-depth interviews, and documentation as data collection techniques. Data were analyzed interactively based on the frameworks of Organizational Readiness for Change, Digital Governance, and maslahah mursalah. The findings indicate that UIN Siber Syekh Nurjati Cirebon demonstrates adequate technical and institutional readiness, supported by integrated digital infrastructure, technical expertise, and experience in managing information technology-based systems. Nevertheless, organizational readiness remains suboptimal due to disparities in digital competencies, varying levels of human resource adaptability, and inconsistent organizational commitment to digital transformation. From a digital governance perspective, the successful implementation of e-voting requires stronger collaboration among universities, the General Election Commission, local governments, and other relevant stakeholders. Furthermore, the maslahah mursalah analysis confirms the normative legitimacy of e-voting as it offers significant benefits in improving efficiency, transparency, accuracy, and accountability in electoral administration while emphasizing the importance of mitigating cybersecurity and data protection risks. This study concludes that UIN Siber Syekh Nurjati Cirebon is well positioned to serve as an academic and technical partner in the development of e-voting, provided that organizational capacity, collaborative governance, and regulatory frameworks are further strengthened.