AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam

The Effectiveness of Regional Representative Councils: An Analysis of Checks and Balances and the Protection of Indigenous Peoples Rights

Muhammad Hafiz — 2025-11-07

Following the reform, the establishment of the House of Regional Representatives (DPD) is a crucial component of the revitalization of the Indonesian constitutional system. This study examines the role of DPD in the bicameral system, as well as the regulations governing its authority in relation to the DPR, particularly in the formation of laws related to regional autonomy and indigenous peoples. The method used is normative legal research with a legislative approach. The results showed that, although DPD has a limited legislative function as stipulated in Article 22D of the 1945 Constitution, its authority has not been balanced with that of the DPR, thus hampering the effectiveness of regional representation. This imbalance has an impact on the weak protection of the aspirations of indigenous peoples, who are often victims of development policies, such as in the case of the eviction of customary land due to the construction of the Archipelago Capital. In this context, DPD should act as a bridge between the region and the central government. However, the absence of clear regulations regarding the form of DPD's accountability makes its position less optimal. Therefore, constitutional strengthening and regulatory reform are necessary to enhance the effectiveness, equality, and capacity of the DPD in representing and legislating, thereby ensuring justice, protecting the rights of indigenous peoples, and promoting equitable national development.

An Examination of Shura Principles in the National Legislation System

Rahmad Lubis — 2025-11-10

This study examines the application of the shura principle, a concept of deliberation, as one of the key foundations in Islamic governance, within the context of Indonesia's national legislative system. Using a qualitative-descriptive approach, this study aims to analyze the extent to which shura values can be integrated into the process of forming democratic and just laws and regulations. Data were collected through literature studies of Islamic legal sources, legislative documents, and relevant previous research results. The study's results demonstrate that the principle of shura aligns significantly with the principles underlying the formation of national laws and regulations, including those of openness, public participation, and social justice. In addition, the integration of shura principles can strengthen moral and ethical legitimacy in the legislation process, so that it is expected to produce legal products that are more aspirational and in accordance with plural Indonesian values. These findings suggest the need to strengthen the deliberative mechanism at various stages of legislation, including formulation, discussion, and evaluation of laws and regulations, to achieve a more inclusive and interest-oriented legislative system.

Restorative Justice in the KUHP and Protection of Sexual Violence Victims

Jovansyah Mulya Cipta Wibawa — 2025-04-11

The revision of Indonesia's Criminal Code (KUHP) introduces restorative justice as a mandatory consideration in sentencing, requiring judges to evaluate forgiveness from victims or their families as part of the sentencing process. This study examines the implications of this provision when applied to sexual violence cases, particularly in relation to the Sexual Violence Crime Law (UU TPKS), which expressly prohibits non-judicial settlement as a form of victim protection. Using a normative legal research method supported by statute, conceptual, and case approaches, this article analyzes the interaction between the KUHP and the UU TPKS, alongside documented cases where victims experienced pressure to accept restorative agreements. Drawing on victimology and feminist legal theory, the study highlights the risk of revictimization, unequal bargaining power, and reinforcement of patriarchal structures when restorative justice is used in sexual violence cases. Findings show that applying restorative mechanisms to such cases creates legal uncertainty and contradicts the protective mandate of the UU TPKS. This article argues that restorative justice must be normatively limited and not applied to sexual violence. Clear regulatory harmonization and trauma-informed implementation guidelines are necessary to ensure a victim-centered approach to justice when the new KUHP becomes fully enforceable.

Judicial Decisions and Legal Autopoiesis: Law as a Living System

Erwin Susilo — 2025-05-11

Law, as a living system, evolves through continuous communication, enabling it to adapt to social changes and technological advancements. This research examines the question of how law reproduces itself within the framework of judicial decision-making in Indonesia, to explain the theoretical and practical roles of judges in maintaining the vitality of the legal system. Using a normative-conceptual (doctrinal-philosophical) approach, this research combines Niklas Luhmann's autopoiesis theory, Hans Kelsen's pure law theory, Jürgen Habermas's communicative action theory, Ronald Dworkin's concept of law as integrity, and Pierre Bourdieu's theory of symbolic power to analyze how judicial decisions function as a mechanism for legal reproduction. The research results show that judges in Indonesia not only apply existing norms but also interpret and reconstruct them to align with social and technological developments. For example, this is evident in Supreme Court Decisions Number 1794 K/Pdt/2004 and Number 230/G/TF/2019/PTUN-JKT, which demonstrate how judges' legal considerations integrate normative coherence, communicative legitimacy, and social responsiveness. This research concludes that law in Indonesia functions as an autopoietic system—capable of independently reproducing itself, adapting, and sustaining itself through judicial communication, thus remaining relevant, legitimate, and responsive to the dynamics of contemporary society.