Journal of Law Science

Constitutional model for financial authority restructuring between central and regional governments in Indonesia

Muhammad Rizal, Sapto Hermawan — Fri, 30 Jan 2026 00:00:00 +0000

The imbalance of fiscal authority between Indonesia’s central and regional governments remains a fundamental issue that challenges the constitutional ideal of fiscal decentralization. Although the 1945 Constitution mandates regional autonomy, the concentration of financial control at the central level has led to inefficiencies, idle funds, and procedural disparities. This study examines the constitutional framework governing fiscal authority, identifies procedural challenges in its implementation, and proposes a constitutional model to restructure intergovernmental fiscal relations. Using a normative juridical approach combined with conceptual and statutory analysis, the research explores constitutional provisions, fiscal regulations, and Constitutional Court decisions to evaluate the alignment between law and practice. The findings reveal that the existing system remains hierarchically centralized and procedurally fragmented, limiting transparency, accountability, and regional fiscal innovation. Therefore, this article proposes a procedural constitutional model emphasizing coordination, equity, and efficiency as the foundation for a balanced fiscal relationship between the central and regional governments. This study introduces a novel constitutional procedural model to harmonize Indonesia’s central–regional fiscal governance through transparency and accountability. Such a model reinforces legal certainty while promoting an accountable and participatory fiscal governance system consistent with Indonesia’s constitutional democracy.

The implementation of the sale and purchase agreement in the all-you-can-eat system: A study of consumer protection law no. 8 of 1999 and the perspective of the shafi'i school

Siska Handayani, Muhammad Nur Iqbal — Fri, 30 Jan 2026 00:00:00 +0000

The All You Can Eat (AYCE) dining system, which allows consumers to consume unlimited food for a fixed price, has become increasingly popular in modern culinary businesses. However, this system has generated debate from the perspective of Islamic economic law, particularly concerning issues of contractual clarity (ta?y?n), uncertainty (gharar), and fairness between sellers and consumers. This study examines the AYCE system from two legal perspectives: Indonesian Consumer Protection Law, specifically Law No. 8 of 1999, and the Islamic jurisprudential perspective of the Sh?fi?? school. The objective of this research is to analyze the conformity of AYCE practices with consumer protection principles and the requirements of a valid sale contract according to the Sh?fi?? madhhab. This study employs a normative-empirical research method with a conceptual approach, analyzing legal texts, fiqh doctrines, and empirical practices in AYCE businesses. The findings indicate that, from the perspective of positive law, the AYCE system is legally permissible provided that consumers receive clear, accurate, and non-misleading information, and that no element of coercion is present. From the Sh?fi?? perspective, the validity of the transaction depends on mutual consent (tar???) and transparency between the seller and buyer. Although the AYCE system contains elements of ambiguity in terms of portion size, consumption time limits, and the imposition of fines, such ambiguities are tolerated as long as they do not result in harm (?arar) or injustice to either party. This study contributes to contemporary Islamic economic discourse by providing a legal and jurisprudential framework for understanding modern consumption systems and serves as a reference for Muslim business practitioners and academics in aligning commercial practices with both consumer protection law and Sharia principles.

Juridical construction of proving state losses in SOE corruption crimes after the distinction of corporate losses and state losses

Fri, 30 Jan 2026 00:00:00 +0000

This article analyzes the legal implications of the separation between corporate losses and state losses in the governance of State-Owned Enterprises (SOEs) following the enactment of Law Number 1 of 2025 on SOEs. Historically, losses incurred by SOEs have been automatically construed as state financial losses, leading to the extensive application of criminal law to business decisions and generating legal uncertainty for SOE management. This study aims to examine the genealogy of the concept of state loss, the transformation of the legal paradigm introduced by the 2025 SOE Law, and the juridical consequences of distinguishing corporate losses from state losses within the framework of public accountability. This research employs a normative juridical approach, supported by statutory, conceptual, and case analysis, particularly Constitutional Court decisions related to state finance and SOEs. The findings show that the 2025 SOE Law marks a significant shift toward a corporate law paradigm by affirming the principle of separate legal entity and limiting the automatic qualification of SOE losses as state losses. However, the study also finds that this separation cannot be applied in a purely formal manner. Corporate losses may still constitute state losses when arising from abuse of authority, unlawful acts, or actions that cause substantial harm to state finances or the national economy. The article concludes that a functional and impact-based approach is essential to balance corporate autonomy with public accountability. Clear juridical criteria and regulatory harmonization are necessary to prevent both the criminalization of legitimate business risks and the erosion of accountability in SOE governance.

Legal strategy to prosper Al Falah Grand Mosque in Sragen Regency from the perspective of Islam and Muhammadiyah

Fri, 30 Jan 2026 00:00:00 +0000

The central mosque is a spiritual and social center that shapes the character of the community. However, the prosperity of a mosque does not only depend on physical aspects and implementation, but also on the legal system, Islamic values, and sustainable management strategies. This study analyzes the legal strategies for prospering the Al Falah Grand Mosque in Sragen Regency from the perspectives of Islam and Muhammadiyah. The approach used is descriptive qualitative. The results of the legal strategy to prosper the Al Falah Grand Mosque in Sragen Regency are implemented through mosque management based on Islamic law and positive law regarding waqf and the management of places of worship. The spiritual and social aspects strengthen the congregation's worship activities, Islamic and Muhammadiyah studies, and social services. The modern management aspects include financial transparency, a professional administrative system, and economic empowerment of the community through zakat and productive waqf. The values of Kemuhammadiyahan strengthen the mosque's goal of being a center for progressive da'wah, balancing worship and social roles in the community. The success in prospering the Al Falah Grand Mosque in Sragen Regency is not only in the beauty of the building but also in its ability to integrate legal, spiritual, and humanitarian values. The mosque management model strategy based on Islam and Kemuhammadiyahan can be replicated in other regions.

The dilemma of restorative justice in the new criminal code: Opportunities for rehabilitation and the threat of normative uncertainty

Endro Nurwantoko — Fri, 30 Jan 2026 00:00:00 +0000

This study analyzes the regulatory space for restorative justice within the new Criminal Code (KUHP) and its implications for legal certainty, sentencing effectiveness, and social acceptance. Employing a normative juridical method, the research relies on statutory, conceptual, and analytical approaches and uses document analysis of the KUHP and related legal instruments as secondary legal materials. The study specifically examines the general principles stipulated in Articles 2 and 3, the alternative sentencing provisions in Articles 52 to 54, and the regulation of minor offenses in Articles 234 and 235 to systematically assess the normative design, coherence, and operational feasibility of restorative justice mechanisms. Previous research has largely focused on the conceptual justification or policy discourse of restorative justice without systematically examining the specific normative structure and internal coherence of restorative provisions within the new KUHP. The findings show that although the new KUHP provides a philosophical and normative foundation for implementing a restorative approach, the existing legal formulations still contain normative gaps, unclear criteria, and potential ambiguities that may trigger disparities in law enforcement. The analysis also reveals sociocultural barriers, including the strong retributive paradigm prevalent among both the public and law enforcement officers. These findings affirm that the success of restorative justice requires more detailed implementing guidelines, harmonization with other regulations, and the strengthening of a legal culture that supports restoration. Thus, while the new KUHP holds the potential to promote a more humanistic penal reform, it requires regulatory and institutional refinement to ensure consistent and effective implementation.

Serial theft from a criminal law perspective: A juridical analysis and a humanistic legal approach (study of decision No. 140/Pid.B/2024/PN.Kbu)

Osa Milda, M. Ruhly Kesuma Dinata — Fri, 30 Jan 2026 00:00:00 +0000

The escalation of aggravated theft as a conventional crime is increasingly disturbing the public, thus demanding stricter law enforcement. The urgency of this research is motivated by the complexity of judicial practices in applying aggravating elements which often trigger legal debate and legal uncertainty. This study examines in depth the Decision of the Kotabumi District Court Number 140/Pid.B/2024/PN.Kbu regarding the crime of aggravated theft as regulated in Article 363 paragraph (1) 4th and 5th of the Criminal Code. Using a juridical-normative method, this research is based on primary data in the form of judge's decisions and secondary data including statutory regulations and related legal literature. The study findings indicate that although the "aggravating" element has been legally fulfilled in this case, there is still a disparity in interpretation among law enforcement, particularly in distinguishing the roles of the main perpetrator and the accomplice. In addition, it was identified that economic pressures, a permissive social environment, and group ties have contributed significantly to the occurrence of this collective crime. Therefore, this study recommends the need for reform of criminal norms and the implementation of community-based prevention strategies as a more integrative solution in tackling crime.

The Peacemaker’s poison pill: Jus cogens and the Dayton Accords

Muhammad Dwistaraifa Rasendriya — Fri, 30 Jan 2026 00:00:00 +0000

The rigid invalidating effect of jus cogens on a conflicting peace treaty may risk blocking a pathway to peace. This article tests this tension through a case study of the 1995 Dayton Peace Agreement, employing a doctrinal analysis of treaties, case-law, and international materials. It contrasts textual and functional interpretations under the Vienna Convention on the Law of Treaties. The analysis finds that while Dayton is textually valid for ending atrocity, it functionally conflicts with jus cogens by entrenching territories born of ethnic cleansing. It concludes that the international community’s endorsement has tempered this conflict for the sake of stability, but it also proposes a legal compromise: partial invalidity of entrenching clauses paired with positive obligations for restitution and minority return. This ensures peace is disciplined, preventing a violation of fundamental norms, and a return to armed conflict.

Analysis of the political law of centralization of state authority in law number 17 of 2023 on health: A normative legal study

Ida Bagus Gede Adiguna Wibawa, Imam Ropii — Fri, 30 Jan 2026 00:00:00 +0000

This article examines the political law underlying the centralization of state authority in Law Number 17 of 2023 on Health. The enactment of this law marks a significant shift in Indonesia’s health legal framework, particularly through the strengthening of the central government’s role in regulating, supervising, and controlling the national health system. The objective of this article is to analyze the legal policy orientation behind this centralization and to assess its implications for health governance, professional autonomy, and adherence to rule-of-law principles. This study employs a normative legal research method using statutory, conceptual, and historical approaches. Primary legal materials consist of Law Number 17 of 2023 and related regulations, while secondary materials include scholarly books and journal articles on political law and health law. The findings indicate that centralization in the Health Law reflects the state’s policy to improve regulatory effectiveness, policy coherence, and equitable health service delivery. However, this legal policy also raises normative and operational challenges, particularly regarding the distribution of power, the independence of health professionals, and institutional accountability. Operational accountability indicators identified include transparency requirements, objection mechanisms, policy audits, and judicial oversight, which are essential to ensure that centralization does not compromise the rule of law or professional autonomy. Finally, the study identifies priority research agendas to strengthen understanding of centralized health governance, such as analyzing conflicts between regulatory norms, reviewing Constitutional Court or Supreme Court decisions on health authority, and conducting comparative studies with other countries. The article concludes that while Law Number 17 of 2023 strengthens national health governance, balanced and conditional centralization supported by legal safeguards is necessary to achieve both effectiveness and normative compliance.

Legal review of port management by regional governments from the perspective of regional autonomy

Fathan Ansori, Salamiah Salamiah — Fri, 30 Jan 2026 00:00:00 +0000

Port management occupies a strategic position in supporting transportation systems, trade, and regional development, particularly in an archipelagic state such as Indonesia. Nevertheless, the legal regulation of port management still demonstrates the dominance of Central Government authority, which has the potential to weaken the principle of regional autonomy. This article aims to critically analyze the normative disharmony between lex sectoralis in the port sector and lex generalis in regional government law, as well as its implications for the effectiveness of regional autonomy. This study employs a normative legal research method using statutory, conceptual, and comparative approaches. The findings indicate that the legal construction of port management in Indonesia is not yet fully aligned with the principles of decentralization and the development of international practices that position port authorities as relatively autonomous entities. This article recommends the harmonization of regulations and the reformulation of the division of authority in port management in order to strengthen the role of regional governments without neglecting national interests.

Legal protection for aggrieved parties in electronic contracts (e-contracts)

Enjum Jumhana, Harry Qurba — Fri, 30 Jan 2026 00:00:00 +0000

The development of information technology has given rise to new forms of transactions through electronic contracts (e-contracts) that offer convenience and efficiency, but also pose potential losses for parties, especially consumers. This study aims to analyze the form of legal protection for parties who are harmed in the implementation of electronic contracts in Indonesia. The research method used is normative juridical with a statutory and conceptual approach, through a study of the Civil Code, Law Number 11 of 2008 concerning Electronic Information and Transactions (UU ITE), and Law Number 8 of 1999 concerning Consumer Protection. The theoretical basis used is the theory of legal protection from Philipus M. Hadjon and the theory of contractual justice according to John Rawls. The results of the study indicate that legal protection for parties who are harmed in electronic contracts can be provided through preventive and repressive mechanisms, including the right to obtain correct information, complaint mechanisms, and dispute resolution through judicial institutions or alternatives such as arbitration and online mediation. This study emphasizes the importance of strengthening regulations and digital literacy so that the principle of good faith and balance of rights in electronic contracts can be effectively guaranteed.

Mapping law enforcement challenges in money politics during regional head elections in Indonesia: A scoping review

Indahwati Indahwati, Muhammad Chardijana, Fredy Johari Andiansah — Fri, 30 Jan 2026 00:00:00 +0000

Money politics continues to undermine the integrity of regional head elections in Indonesia, reflecting persistent weaknesses in election law enforcement. While existing studies discuss vote buying, comprehensive reviews assessing enforcement effectiveness remain limited. This study aims to map scholarly research on money politics in regional elections and identify key enforcement challenges. Using a scoping review based on the Arksey and O’Malley framework, this study analyzes 10 journal articles published between 2020 and 2024 from SINTA, Scopus, and DOAJ, employing thematic content analysis. The findings indicate that money politics persists due to weak institutional coordination, high evidentiary standards, short handling timelines, and pragmatic voter behavior. Law enforcement largely targets field-level actors, resulting in a low deterrent effect. This study contributes by identifying regulatory and institutional gaps and offering policy-relevant insights to strengthen election law enforcement and electoral integrity in Indonesia.