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121 Law and Ethics in Terms of Islamic Perspective ABS-80

Analysis of MSME Halal Certification Readiness in Pamekasan Regency: Quantification Approach of 11 MUI Halal Assurance Standards
Faizal Amir (a*), Shofiyun Nahidloh (b)

University of Trunojoyo Madura


Abstract

Pamekasan Regency is one of the regencies in Indonesia that 99.01% of the population is Muslim. This shows that the production and availability of halal products are very important to be the main concern due to the strong identity of Islam. This study aims to measure the level of readiness of MSMEs in Pamekasan Regency to carry out halal certification according to MUI standards, considering the potential of Pamekasan Regency as a Muslim region and has many superior MSMEs that are also export-oriented. The sample of MSMEs used as informants are MSMEs that have fairly stable sales and turnover and have been operating for more than 5 years. This study is descriptive quantitative. There are four MSMEs that are the samples of this study, namely MSMEs Kripik Paru Fat, Kopi Jahe Nasa, Deng-Deng Bu Ati and Deng-Deng Bu Ju. Data and information collection was carried out with the help of a questionnaire developed with indicator quantification based on 11 criteria of the MUI Halal Assurance System. The results of the study with the quantification of halal criteria on 4 MSMEs in Pamekasan Regency that do not yet have halal certification, it can be concluded that the Kripik Paru Fat MSME is the MSME that is most ready to be halal certified with a score of 82. Meanwhile, for the other 3 MSMEs, namely the Deng-Deng Bu Ati MSME with a score of 57, the NASA Coffee MSME with a score of 69 and the Deng-Deng Ju MSME with a score of 60, they still need improvements in several criteria to be ready to be certified.

Keywords: Halal Certification Readiness, MSME, MUI Halal Assurance Standards, Pamekasan Regency, Quantification Approach

Share Link | Plain Format | Corresponding Author (Faizal Amir)


122 Law and Ethics in Terms of Islamic Perspective ABS-82

The Construction of Siyasah Syar^iyyah in the Implementation of People^s Housing Savings as Fulfillment of the Right to Housing
Fariz Farrih Izadi, Abdul Rohman, Ahmad Faizal Adha, Rismawati Putri, Siti Julaeha

Universitas Islam Bandung


Abstract

The right to housing constitutes a human right, hence imposing an obligation on the state to safeguard, honour, and actualise it. Article 8 of Law No. 39 of 1999 on Human Rights explicitly delineates the state^s duty to defend, promote, enforce, and fulfil human rights as its primary responsibility. To address its responsibility to provide adequate housing for the populace, the Government, in conjunction with the DPR, promulgated Law Number 4 of 2016 about People^s Housing Savings (UU Tapera). The challenge of securing adequate and cheap housing has become significant, particularly for low-income areas. TAPERA provides a solution for housing requirements in alignment with sharia principles and maqasid al-shariah. This research aims to examine TAPERA as a manifestation of siyasah syar^iyyah in ensuring the right to adequate and affordable housing for the community, particularly for Civil Servants (ASN). The methodology employed is qualitative descriptive analysis, incorporating a review of literature and pertinent legislation. The research findings indicate that TAPERA is structured to fulfil the maqasid al-shariah, which aim to safeguard religion, life, intellect, lineage, and property. This program enables public officials to acquire a home through regular savings, which may solely be utilised for housing financing and/or refunded after the participation period concludes. TAPERA further promotes equitable socio-economic development in alignment with the principles of Islamic economics. APERA constitutes an efficacious application of siyasah syar^iyyah in addressing the housing rights of the Indonesian populace, particularly for ASN, while being compliant with the principles of sharia and maqasid al-shariah.

Keywords: People^s Housing Savings, Siyasah Syariyyah, Right to Housing, Human Rights

Share Link | Plain Format | Corresponding Author (Fariz Farrih Izadi)


123 Law and Ethics in Terms of Islamic Perspective ABS-86

Constitutional Court as a Positive Legislator: Legitimacy, Institutional Conflict, and Democratic Reconciliation in Indonesia
Labib Muttaqin

Faculty of Law, Universitas Muhammadiyah Surakarta,
Kartasura, Surakarta 57102, Indonesia


Abstract

This study examines the evolving role of the Constitutional Court in judicial review cases, particularly its shift from a negative legislator to a positive legislator and the ensuing tensions with democratic institutions such as the legislature and the executive. It focuses on three key issues: the legitimacy of the Constitutional Court in exercising its positive legislator function, the institutional conflicts triggered by such decisions, and the mechanisms available for conflict resolution. Employing a normative legal research method, the study draws on secondary data collected through literature review and analyzes it qualitatively. The findings indicate that the Court^s assumption of a positive legislator role has resulted in institutional frictions, exemplified by the rejection of Constitutional Court Decision No. 91/PUU-XVIII/2020 and Decision No. 60/PUU-XXII/2024 by the House of Representatives and the government. To mitigate these tensions, a shared understanding among the Constitutional Court, the legislature, and the executive is essential regarding the normative framework guiding the Court^s positive legislator decisions and the procedures for their implementation by the legislature and the President.

Keywords: Constitutional Court- Positive Legislator- Institutional Conflict- Democracy

Share Link | Plain Format | Corresponding Author (Labib Muttaqin)


124 Law and Ethics in Terms of Islamic Perspective ABS-87

Implementation of Islah Concept (Restorative Justice) in Resolving Online Gambling Criminal Acts: A Comparative Study of Islamic Law and Indonesian Positive Law in Criminal Law Reform
RM Hasbi Pratama Arya Agung, Dey Ravena, Dini Dewi Heniarti

Universitas Islam Bandung


Abstract

The phenomenon of online gambling (maysir electronic) has become a complex social problem in Indonesia, not only violating positive law but also contradicting the principles of Islamic Sharia. This research examines the application of the islah concept (restoration/restorative justice) from an Islamic law perspective as an alternative resolution for online gambling criminal acts.
In Islamic law, maysir (gambling) is categorized as a haram act that is explicitly prohibited in the Qur^an and Hadith because it contains elements of gharar (uncertainty), harms individuals and society, and contradicts the principles of Islamic economic justice. However, Islam also teaches the concept of islah which emphasizes social relationship restoration, taubat (repentance), and ta^zir (educative sanctions) aimed at reforming the perpetrator.
Through normative juridical and comparative law approaches, this research analyzes how the principles of islah in fiqh jinayah can be integrated with the restorative justice system in Indonesian criminal law. The concepts of diyat (compensation), sulh (reconciliation), and spiritual guidance can serve as more humane alternative solutions compared to imprisonment alone.
Research findings indicate that implementing islah in online gambling cases can provide more comprehensive justice through: (1) taubat nasuha and spiritual development of perpetrators- (2) compensation (daman) to affected families- (3) rehabilitation programs based on Islamic values- and (4) prevention (sadd adz-dzari^ah) through community education. The integration of these concepts can enrich the treasury of Indonesian criminal law reform that is just and dignified.

Keywords: Islah, Restorative Justice, Online Gambling, Maysir, Islamic Law, Fiqh Jinayah

Share Link | Plain Format | Corresponding Author (RM Hasbi Pratama Arya Agung)


125 Law and Ethics in Terms of Islamic Perspective ABS-89

Artificial Intelligence and Responsibility: Legal and Ethical Approaches to AI-Driven Harm
Arinto Nurcahyono, Sri Poedjiastuti, Eka Juarsa

Faculty of Law, Universitas Islam Bandung Indonesia


Abstract

The swift advancement of artificial intelligence (AI) has transformed numerous sectors, presenting significant opportunities and intricate obstacles. As AI systems progress towards autonomy, the concerns of accountability and responsibility have grown ever-pressing. This study examines the legal and ethical dilemmas associated with AI, concentrating on assigning liability for harm caused by it. It examines the insufficiency of existing legal frameworks in handling the distinctive attributes of AI, especially in fields like healthcare, autonomous transportation, and criminal justice. The paper utilizes a legal, philosophical approach, promoting the acknowledgment of AI as a legal entity with restricted powers to mitigate liability issues. The document underscores the imperative of integrating ethical values into AI development, highlighting openness, justice, and accountability. Furthermore, the worldwide heterogeneity of AI governance, notably the lack of a unified definition of AI, exacerbates the problems of setting explicit legal norms. The output targets to be achieved include: publication in accredited national journals, dissemination at the Bandung Annual International Conference (BAIC), Intellectual Property (IP). The article ends by suggesting that we need experts from different fields to oversee AI and include ethical concerns in AI design to reduce risks and ensure AI is used responsibly. This underscores the pressing need for cohesive, flexible legal structures to promote innovation while safeguarding public interests.

Keywords: Artificial Intelligence, Legal Accountability, Ethical Principles, AI Regulation, AI Liability

Share Link | Plain Format | Corresponding Author (Arinto Nurcahyono)


126 Law and Ethics in Terms of Islamic Perspective ABS-90

The Urgency of Regulating Digital Psychosocial Services for Postpartum Mothers in Fulfilling Reproductive Health Rights
Meti Sulastri

Fakultas Hukum, Universitas Islam Bandung
Fakultas Kesehatan, Universitas Bhakti Kencana Tasikmalaya


Abstract

The high prevalence of postpartum psychological disorders, such as baby blues and postpartum depression, poses a serious threat to breastfeeding success and overall maternal well-being. Amid limited access to conventional mental health services, digital psychosocial interventions have emerged through mobile applications, social media, and online communities. While these platforms offer accessible support, most operate outside formal legal oversight and standardized clinical guidelines. The absence of specific regulations governing service quality, information accuracy, ethical responsibility, and personal data protection creates significant risks for postpartum mothers as vulnerable users. This study aims to examine the urgency of regulating digital psychosocial services for postpartum women in context of reproductive health rights. Using a qualitative method with juridical-empirical approach, the research combines normative legal analysis with insights from interviews involving postpartum mothers, health professionals, and legal experts. Findings indicate substantial gap between the growing demand for digital support and the lack of legal safeguards that ensure safety, accountability, and rights protection. The study concludes that developing a national regulatory framework for digital psychosocial services is essential to align technological innovation with legal certainty. Such regulation is part of the state responsibility to uphold maternal and child health as a fundamental aspect of reproductive rights.

Keywords: reproductive health, psychosocial support, digital services, postpartum mothers, legal protection

Share Link | Plain Format | Corresponding Author (Meti Sulastri)


127 Law and Ethics in Terms of Islamic Perspective ABS-92

Enhancing Responsible AI Legislation in Indonesian Telemedicine
Indah Maulani, Sri Waljinah

Universitas Muhammadiyah Surakarta


Abstract

The swift progression of digital technology has profoundly altered the healthcare industry, especially with the incorporation of Artificial Intelligence (AI) in telemedicine and virtual medical consultations. AI facilitates expedited and more effective diagnostic procedures without necessitating the physical presence of healthcare practitioners. Consequently, Indonesia is likewise embracing telemedicine innovations within its healthcare industry. Nonetheless, the legislation underpinning AI-based telemedicine is eliciting concerns about potential harm to patients. This article evaluates the quality of Indonesian telemedicine legislation based on artificial intelligence and suggests necessary legal substances to improve its standards for responsible AI in the healthcare sector. This article claims that Indonesian telemedicine legislation lacks provisions addressing misdiagnosis that leads to patient harm. The determination of legal obligation among the physician, healthcare institution, or AI developer remains ambiguous, presenting intricate legal dilemmas, particularly regarding liability. This article proposes amendments to Indonesian healthcare

Keywords: Artificial Intelligence, Telemedicine, Healthcare Law, Misdiagnosis Liability, Indonesian Legislation

Share Link | Plain Format | Corresponding Author (Indah Maulani)


128 Law and Ethics in Terms of Islamic Perspective ABS-96

Corporate Social Responsibility and Islamic Business Ethics: Contributing to the Achievement of Islamic Welfare
Diana Setiawati,Hary Abdul Hakim

Universitas Muhammadiyah Surakarta, Universitas Muhammadiyah Magelang


Abstract

In the modern business landscape, Corporate Social Responsibility (CSR) serves as a vital instrument for companies to demonstrate their commitment to society and the environment. However, from an Islamic perspective, social responsibility is not merely a moral obligation, but a religious duty rooted in the principles of Islamic ethics. The background of this study lies in the importance of applying Islamic business ethics in CSR practices to support the realization of a holistic societal welfare aligned with the concept of Islamic welfare. The purpose of this research is to analyze how Islamic ethical principles are integrated into CSR programs and to what extent they contribute to the development of community welfare.
This study employs a descriptive qualitative method using a library research approach, examining Islamic literature, business ethics theories, and CSR practices in companies that adopt sharia-based values. The findings indicate that implementing CSR based on Islamic business ethics-which emphasizes honesty, justice, trustworthiness (amanah), and compassion-can generate significant social impact. CSR programs such as corporate zakat distribution, sharia-based entrepreneurship training, educational assistance, and environmentally sustainable initiatives rooted in Islamic values have proven to support the sustainable development of Islamic welfare. Therefore, the integration of Islamic business ethics into CSR not only enhances corporate reputation but also strengthens the role of business as a driver of social and economic development within the community.

Keywords: Corporate Social Responsibility, Islamic business ethics, Islamic welfare, maqashid sharia, social responsibility

Share Link | Plain Format | Corresponding Author (Diana Setiawati)


129 Law and Ethics in Terms of Islamic Perspective ABS-97

Reconstructing Civil Law in Addressing Digital Contract Disputes within the Technology-Based Economic Ecosystem
Dikha Anugrah

a) faculty of law Universitas Islam Bandung
b) Faculty of law Universitas Kuningan, Jalan Cut Nya Dhien no 36A Kuningan


Abstract

The transformation of the digital economy has generated various new forms of legal relationships, such as online affiliate schemes, referral-based applications, and automated trading platforms. This development has led to a new typology of complex civil disputes, particularly involving concealed breaches of contract and torts hidden behind electronic contracts, user consents, and ambiguous digital legitimacy frameworks. These phenomena challenge traditional legal assumptions regarding contractual fairness, consent, and legal responsibility in digital transactions. This study aims to examine the limitations of existing civil law instruments in providing legal certainty and protection for parties harmed in digital interactions. The research employs a normative juridical approach by analyzing the Indonesian Civil Code, the Consumer Protection Act, the Personal Data Protection Law, and selected actual case studies. The findings indicate that current civil law mechanisms face significant challenges in dealing with digital contracts, especially in evidentiary standards aspects, inequality between contracting parties, and interpretation of standard clauses. In addition, imbalance of bargaining power and the opaque nature of digital consent further complicate legal protection framework. Therefore, it is necessary to strengthen civil law construction to adapt to technological dynamics, ensuring contractual justice, balanced legal relationships, and effective consumer protection within the digital economic ecosystem.

Keywords: Civil Law, Consumer Protection, Digital Economy, Digital Contract, Civil Dispute, Breach of Contract

Share Link | Plain Format | Corresponding Author (Dikha Anugrah)


130 Law and Ethics in Terms of Islamic Perspective ABS-98

The Model Of Inheritance Rights Protection For Children Born Out of Wedlock Based on the Contitusional Court Decision no 46/PUU-VII/2010: An Analysis from the perspektiive of Islamic Law and Civil Law
Inayatilah Ridwanr1, Neneng Nurhasanah2, Lina Jamilah3,

1.Fakultas Hukum Universitas Islam Bandung,
Fakultas Tarbiyah Sekolah Tinggi Ilmu Tarbiyah
AT-TAQWA Ciparay Kab. Bandung, inayatilahridwan[at]gmail.com
2. Fakultas Hukum Universitas Islam Bandung, neneng[at]unisba.ac.id
3. Fakultas Hukum Universitas Islam Bandung, linajamilah[at]unisba.ac.id


Abstract

This research discusses the issue of inheritance rights for illegitimate children which is closely related to children^s rights as regulated in human rights. Based on Constitutional Court Decision Number 46/PUU-VIII/2010, Article 43 Paragraph (1) of Law Number 1 of 1974 concerning Marriage which states that children born outside of marriage only have a civil relationship with their mother and their mother^s family, is declared to be contrary to the 1945 Constitution of the Republic of Indonesia. The decision states that illegitimate children, including those born from unregistered marriages, have inheritance rights equal to legitimate children if the blood relationship can be proven through science and technology such as DNA testing or other evidence recognized by law. This problem becomes more complex when comparing the principles of Islamic law and the provisions contained in the Civil Code, both of which are the legal basis applicable in Indonesia. The research method uses a normative juridical approach with two approaches, namely the statute approach and the case approach. The research results show that illegitimate children have the right to maintenance, education, health care, guardianship, and inheritance from their biological father. This Constitutional Court ruling challenges traditional views in Islamic law in Indonesia and strengthens the protection of illegitimate children^s rights to a decent life and fair and equal inheritance rights. Therefore, this ruling provides an important foundation for improving the legal status of illegitimate children in Indonesia.

Keywords: Protection of children outside of marriage- inheritance rights of children outside of marriage, Islamic law, Civil law.

Share Link | Plain Format | Corresponding Author (INAYATILAH RIDWAN)


131 Law and Ethics in Terms of Islamic Perspective ABS-99

THE ROLE OF MOTEKAR IN THE IMPLEMENTATION OF WEST JAVA PROVINCE REGIONAL REGULATION NUMBER 9 OF 2014 CONCERNING FAMILY RESILIENCE
Rinrin Warisni P(a), Neneng Nurhasanah(b), Nurul Chotidjah(c)

a) Student of Doctoral Program, Faculty of Law Islamic University of Bandung, Jalan Tamansari No. 20, Bandung 40116
b & c) Doctoral Programe Lecturer, Faculty of Law Islamic University of Bandung, Jalan Tamansari No. 20, Bandung 40116


Abstract

Abstract: One of the mandates contained in the Regional Regulation (Perda) concerning the Implementation of Family Resilience Development No. 9 of 2014 is the participation of the community^s role to become an agent tasked with assisting and empowering the community. As stated in Article 30 point 2, the regional government as one of the Regional Family Resilience Development Teams (TPPKD) facilitates the formation of family motivators. Motekar (Family Resilience Motivator) is an innovation program of the West Java provincial government as an agent formed by the government through DP3AKB (Women^s Empowerment, Child Protection and Family Planning Service) in 2014 by recruiting at least 1000 Motekar cadres spread across 27 cities/regencies in West Java. The 6 (six) stages of family assistance carried out by Motekar include- identifying, motivating, mediating, educating and advocating for family resilience issues. This research study reveals the role of Motekar (family caregivers) in the implementation of Regional Regulation No. 9 of 2014, particularly in areas vulnerable to family resilience, with indications of persistently high divorce rates from 2020 to 2025 and high stunting rates. This study used descriptive qualitative methods to refine the analysis and identify new models for enhancing Motekar^s role in implementing the Family Resilience Regional Regulation. The results of this study indicate that Motekar^s role is not yet optimal, requiring support and participation from other stakeholders to reduce the high rates of divorce and stunting in W

Keywords: Motekar, Regional Regulation, Divorce. Family Resilience

Share Link | Plain Format | Corresponding Author (Rinrin Warisni Pribadi)


132 Law and Ethics in Terms of Islamic Perspective ABS-119

The Urgency of Sharia Bankruptcy Law Regulation in Indonesia
Liza Dzulhijjah, Neng Dewi Himayasari, Dinda Amelia Pramesti, Ayu Novita Sari

Universitas Islam Bandung


Abstract

Indonesia ranks third as the country with the strongest sharia economic ecosystem in the world according to the State of the Global Islamic Economy report (SGIE) 2023-2024. This is certainly inseparable from Indonesia^s potential as one of the countries with the largest Muslim population and also government support in developing the sharia economy in Indonesia. Among the government^s support programs to realize Indonesia^s vision as a global halal center are the regulation and strengthening of financial institutions, both Sharia Microfinance Institutions (LKMS) and Islamic banking. One factor supporting the growth of the sharia economy in Indonesia is the contribution of sharia financing to MSMEs. Discussion of sharia financing is certainly inseparable from the study of the potential risk of financing failure, known as Non-Performing Finance (NPF), which is heavily influenced by both national and international economic conditions. Therefore, LKMS and Islamic banks are also subject to the potential risk of bankruptcy. However, Indonesia still does not have specific regulations regarding sharia bankruptcy (taflis). This study aims to examine the competence and challenges of the courts in adjudicating taflis cases. This research method is qualitative with a normative juridical approach, based on secondary data as the primary data. The results indicate that there is currently a dualism of authority in handling taflis cases, namely between the Commercial Court and the Religious Court. The challenge in adjudicating these taflis cases is that the provisions in Law Number 37 of 2004 concerning Bankruptcy and PKPU do not yet accommodate Sharia-compliant bankruptcy values

Keywords: Sharia Bankruptcy Law, Sharia Economics, Indonesia

Share Link | Plain Format | Corresponding Author (Liza Dzulhijjah)


133 Law and Ethics in Terms of Islamic Perspective ABS-124

A Legal Perspective on Halal Certification and Digital Platform Utilization to Strengthen Consumer Trust in Culinary MSMEs
Nunik Nurhayati, Rohmad Suryadi, Sakina Yeti Kiptiyah

Faculty of Law and Political Science, Universitas Muhammadiyah Surakarta.
Business Digital Study Program, Politeknik Bisnis dan Perpajakan Indonesia.
Food Technology Study Program, Faculty of Science and Technology, Universitas Muhammadiyah Bandung.


Abstract

This study aims to analyze the legal role of halal certification in promoting information transparency and consumer trust in culinary MSMEs within the digital era. The background of this research is rooted in the mandatory halal certification regulated under Law Number 33 of 2014 on Halal Product Assurance, which has yet to be fully complied with by business actors, while halal certification information is often unavailable on digital platforms. The urgency of this study lies in the need to fulfill legal obligations for halal certification integrated with digital business utilization to strengthen consumer trust and enhance the competitiveness of culinary MSME products. A normative juridical method complemented by empirical surveys was employed, with respondents drawn from consumers in Surakarta City, selected for its reputation as a tourism hub renowned for its diverse culinary attractions. The findings reveal that the absence of halal certification information on digital platforms negatively affects consumer trust and purchase decisions. Conversely, transparent disclosure of halal certification through social media and e-commerce platforms significantly improves consumer confidence in product integrity. This study concludes that enforcing the legal obligation of halal certification, supported by digital information disclosure, is essential. The novelty of this research lies in its integrative analysis of halal certification law, digital technology, and consumer behavior as a comprehensive strategy for legal consumer protection and the empowerment of culinary MSMEs in a competitive market.

Keywords: Halal certification, licensing law, digital business, consumer trust, culinary MSMEs.

Share Link | Plain Format | Corresponding Author (Nunik Nurhayati)


134 Law and Ethics in Terms of Islamic Perspective ABS-130

Volunteers and Terrorists in a Legal and Humanitarian Perspective
Adjeng Kristinawati

HUMANITY ABDI INDONESIA (NGO)
Jl. Madura No 1A Bandung 40115


Abstract

Abstract

The alleged affiliation of several non-governmental organizations and community-based organizations with terrorist groups in conflict zones, particularly in the Middle East, has raised public concern and reduced humanitarian donations. The suspension of some NGOs due to suspected links to terrorism has blurred the distinction between genuine humanitarian missions and acts of violence, creating a growing stigma against humanitarian volunteers. Based on more than six years of personal experience in conflict areas such as Syria, this article examines the fundamental differences between terrorism and humanitarian volunteerism through ontological, epistemological, and axiological perspectives. Ontologically, terrorism involves violent acts motivated by ideology or politics, while humanitarian efforts are based on principles of solidarity and compassion. Epistemologically, the spread of unverified or biased information often leads to the misidentification of humanitarian work as terrorist activity. Axiologically, humanitarian aid is guided by values such as neutrality, impartiality, and independence, aiming to assist those in need without discrimination. This study highlights the need for strong legal protection for humanitarian volunteers, referencing the Geneva Conventions, International Humanitarian Law, and the support of global institutions. In a complex international landscape, enhancing regulations, ensuring information accuracy, and deepening understanding of humanitarian values are essential to allow aid efforts to proceed without fear of unjust terrorist accusations.

Keywords: humanitarian volunteers, terrorism, Middle East, ontology, epistemology, axiology, legal protection

Keywords: humanitarian volunteers, terrorism, Middle East, ontology, epistemology, axiology, legal protection

Share Link | Plain Format | Corresponding Author (Adjeng Kristinawati)


135 Law and Ethics in Terms of Islamic Perspective ABS-132

Standard Clauses in Banking Credit Agreements and Their Relation to the Implementation of the Principle of Balance Between Contracting Parties
Nurudin Udin

Universitas Islam Bandung


Abstract

Contract Law is the totality of legal rules governing legal relations between two or more parties based on an agreement that creates legal consequences. A standard contract is any rule, provision, or condition that has been unilaterally prepared and established in advance by a business actor, outlined in a binding document and/or agreement that must be complied with by consumers. The legislators of this law accept the fact that the implementation of standard contracts is an unavoidable necessity. In reality, one party often enters into a standard contract, while the other party accepts the contract due to their weak socioeconomic conditions. National contract regulations are needed to replace the old regulations and provide equal legal standing to the parties in fulfilling their rights and obligations. This research uses a sociological juridical approach with a comparative approach. The data analysis technique used in this research is an empirical qualitative method. The results will be analyzed to show that the legal comparison of standard bank credit agreements is related to the implementation of the principle of balance for the parties credit bank.

Keywords: Standard Clauses, Bank Credit Agreements, Implementation Principle of Balance of Parties.

Share Link | Plain Format | Corresponding Author (NURUDIN UDIN)


136 Law and Ethics in Terms of Islamic Perspective ABS-134

Optimization of Restorative Justice by the Prosecutor^s Office Based on the Enactment of Article 132 of Constitution No. 1 of 2023 Concerning the Criminal Code (KUHP) Based on the Principle of Legal Certainty
Aszhari Kurniawan

Doktor Ilmu Hukum, Fakultas Hukum, Universitas Islam Bandung, Indonesia


Abstract

In Indonesia, the implementation of Restorative Justice is only regulated in regulations that are not in the form of law. Article 132, paragraph (2), which addresses the regulation of prosecution after a resolution outside the court, opens up opportunities for the application of Restorative Justice within the Indonesian criminal justice system. However, resolution through Restorative Justice cannot be considered a valid reason for halting prosecution. Even though Restorative Justice has been implemented, the prosecutor is still required to continue the prosecution process. This reflects the discrepancy between evolving legal practices and the existing legal framework, which can hinder the implementation of Restorative Justice. Without formal recognition in law, Restorative Justice risks losing its effectiveness as an alternative method for resolving criminal disputes. This study aims to analyze the optimization of Restorative Justice implementation by the Prosecutor^s Office based on the enactment of Article 132, paragraph (2) of Law No. 1 of 2023 concerning the Criminal Code (KUHP), with regard to the principle of legal certainty. However, its application faces challenges due to being limited to regulations that are not yet in the form of law. The findings of the study indicate that the application of Restorative Justice by the Prosecutor^s Office, based on Article 132 of Law No. 1 of 2023, can provide room for more humane and effective case resolution, as long as it is supported by a clear legal basis and structured procedures, ultimately leading to legal certainty.

Keywords: Restorative Justice, Criminal Code (KUHP), Optimization, and Legal Certainty

Share Link | Plain Format | Corresponding Author (Aszhari Kurniawan)


137 Law and Ethics in Terms of Islamic Perspective ABS-137

LEGAL PROTECTION AND RIGHTS TO REHABILITATION FOR MENTALLY DISORDERED PATIENTS IN THE CRIMINAL JUSTICE SYSTEM
R. Windi Rachmawati Kusumah

Faculty of Law, Islamic University of Bandung ( UNISBA )
Doctoral Program in Law (Ph.D. in Law)
E-mail:windikusumah[at]ymail.com


Abstract

Abstract

Introduction: The intersection of mental health and criminal law in Indonesia presents persistent challenges in ensuring legal protection and rehabilitation for individuals with mental disorders. Although Article 44 of the Indonesian Penal Code (KUHP) exempts such individuals from criminal liability when deemed legally incapacitated, implementation remains inconsistent, often leading to rights violations.Methods: This study employs a normative juridical approach, analyzing primary legal sources-including the Criminal Code, Law No. 18 of 2014 on Mental Health, and Law No. 8 of 2016 on Persons with Disabilities-alongside court decisions, legal scholarship, and human rights reports. The analysis compares normative provisions with practical application, framed within restorative justice principles.Results: Findings reveal systemic weaknesses: absence of standardized forensic psychiatric protocols, inadequate early mental health screening, shortage of rehabilitation infrastructure, and poor coordination between justice and mental health institutions. These deficiencies perpetuate stigma, undermine due process, and hinder recovery outcomes for offenders with mental disorders.Discussion: The research underscores the urgent need for comprehensive reform, including clear implementing regulations for Article 44 KUHP, mandatory psychiatric assessments at all procedural stages, expansion of forensic mental health services, and cross-sectoral coordination mechanisms.Conclusion: This study contributes policy recommendations to ensure humane, rights-based treatment for mentally disordered offenders. Aligning national practice with restorative justice values and international human rights standards is essential for an inclusive and equitable criminal justice system in Indonesia.

Keywords: Keywords: mental disorder, criminal justice system, legal protection, rehabilitation, Article 44 Criminal Code

Share Link | Plain Format | Corresponding Author (R. Windi Rachmawati Kusumah)


138 Law and Ethics in Terms of Islamic Perspective ABS-141

Indonesian Sustainable Palm Oil (ISPO)Certification to Ensure Traceability of Indonesian Palm Oil Product
Sadino (a*), Aris Machmud (b), Suartini (c), Fokky Fuad (d)

a, b, c, d) Law Faculty, Universitas Al-Azhar Indonesia
*) sadinob[at]gmail.com


Abstract

The Indonesian Sustainable Palm Oil (ISPO) certification aims to help achieve national economic development based on sustainable and environmentally friendly principles. The main issues addressed in this paper are: First, how is ISPO regulated in Indonesia, and what legal protections does it have for its legitimacy? Second: Does obtaining ISPO certification ensure the traceability of the palm oil product supply chain in Indonesia and its acceptance in the international trade system? Research on the ISPO instrument uses a normative legal approach. Normative legal research is understood as a theoretical or dogmatic legal inquiry. Due to the complexity of the laws involved, regulatory studies, supported by empirical research involving palm oil stakeholders, are also conducted. The research results show that, first, based on the legal aspects of certification, regulated by Presidential Regulation No. 44 of 2020 concerning the Indonesian Sustainable Palm Oil Plantation Certification System, all business entities and smallholders must pass the ISPO certification test to obtain legal protection and international recognition. Certification holders can be said to have implemented good plantation governance, maintaining resource sustainability, and environmental and social sustainability. Second, Second, ISPO certification can provide traceability of the palm oil product supply chain in Indonesia- however, the global market has not yet accepted it. Therefore, it requires a commitment from the state to convince the global market of the benefits of ISPO, so that it can be accepted by the international trading system.

Keywords: Global Competitiveness,ISPO Certificate,Sustainability

Share Link | Plain Format | Corresponding Author (Sadino Sadino)


139 Law and Ethics in Terms of Islamic Perspective ABS-145

The Concept of Islamic Law in Resolving Industrial Relations Disputes Through Arbitration as a Renewal of Out-of-Court Dispute Resolution Laws
Muhammad Mahendra Maskhur Sinaga (a*), Efik Yusdiansyah (b), Irianti Sundary (c), Muhammad Panca Prana Mustaqim Sinaga (d)

a) Doctoral Program, Faculty of Law, Bandung Islamic University
Jalan Tamansari No. 20, Bandung, West Java 40116, Indonesia
b) Faculty of Law, Indonesian University of Science
Jalan Akses Tol No. 50, Bekasi Regency, West Java, Indonesia 11650


Abstract

The regulations governing the resolution of industrial relations disputes through arbitration in Indonesia are stipulated in Law No. 2 of 2004 on the Resolution of Industrial Relations Disputes. However, from the enactment of this law until now, there has been no traceable resolution of industrial relations disputes through arbitration. According to data from the Ministry of Manpower of the Republic of Indonesia^s website, reports have only been published on the resolution of industrial relations cases from 2022 to June 2025. Out of a total of 24,018 registered disputes during this period, none were resolved through arbitration. Nevertheless, resolving industrial relations disputes is essential for three reasons. First, conceptually, the arbitration mechanism aligns with Islamic law as mandated in the Quran (Surah An-Nisa^ 4: Verse 35). Second, theoretically and methodologically, resolving industrial relations disputes through arbitration is necessary. Third, Articles 29 to 54 of Law No. 2 of 2004 lack detailed provisions for the institution of industrial relations dispute arbitration. Based on the theory of judicial power formation in Islamic law history (tarikh tasyri^), the rule of law theory, which posits a law-based state that guarantees justice, and the state institution arrangement theory, which aims to analyze the legal basis, establishing the Industrial Relations Dispute Arbitration Body as a state institution is appropriate for resolving disputes between workers and employers. This allows each party to select an arbitrator deemed fair in rendering decisions.

Keywords: Islamic law, legal reform, industrial relations resolution, arbitration

Share Link | Plain Format | Corresponding Author (Muhammad Mahendra Maskhur Sinaga)


140 Law and Ethics in Terms of Islamic Perspective ABS-146

Normative and Constitutional Challenges to Private Sector Involvement in the Electricity Sector of Indonesia
Yuzon Sutrirubiyanto Nova

Doctoral Program in Law, Universitas Islam Bandung, Bandung, Indonesia


Abstract

Private sector involvement in Indonesia^s electricity sector raises serious challenges from legal, economic, and social justice perspectives. Article 33 of the 1945 Constitution mandates that branches of production essential to the state and affecting the people^s livelihood must be controlled by the state, including electricity. However, regulatory developments, particularly Law No. 30 of 2009 on Electricity, have broadly expanded private participation. This creates normative contradictions between constitutional provisions, Constitutional Court rulings rejecting full liberalization, and legislative practices with a liberal orientation. Such conditions highlight the urgent need to reformulate private sector involvement in line with state control and social justice principles. This study aims to analyze normative disharmony in electricity regulation, evaluate the implications of privatization for the people^s right to energy, and propose a reformulation of electricity policy grounded in constitutional state control. The research applies a normative juridical method through statute, case, conceptual, and comparative approaches, combined with qualitative literature analysis. The novelty of this study lies in integrating constitutional law analysis with the theory of public service obligation (PSO) and the perspective of equitable access to electricity, offering a new dimension to debates on privatization. The findings reveal that excessive private involvement fosters legal inconsistencies, strengthens private dominance in vital sectors, and leads to unequal electricity access. Therefore, restructuring is required through revision of the Electricity Law, strengthening PLN as the main state instrument, and reaffirming electricity as a public service to achieve social justice and public welfare.

Keywords: Electricity Sector, State Control, Private Sector Involvement

Share Link | Plain Format | Corresponding Author (YUZON SUTRIRUBIYANTO NOVA)


141 Law and Ethics in Terms of Islamic Perspective ABS-148

The Implementation of Good Governance Principles in Preventing Fraud : An Islamic Law Perspective
Alfira Eka Fauziah

Bandung Islamic University


Abstract

This study aims to explain the implementation of good governencae principles in preventing fraud, with a specific review from the perspective of Islamic law. The research method applied is a literature study by analyzing various previous studies, journal articles, and relevant sources related to good governance, fraud preventation, and Islamic law values. Good governance is generally based on four main principles: transparency, accountability, public participation, and effective supervision. These principles play an important role in minimizing the opportunity for abuse of power, mismanagement of public resources, and fraudulent practices in government institutions. From the perspective of Islamic law, fraud preventation is strongly emphasized as it aligns with the fundamental values of amanah (trust), justice, and honesty. Fraudulent actions such a bribery (risywah), embezzlement (ghulul), and uncertainty or manipulation (gharar) are explicitly prohibited in Islam. Moreover, the principle of accountability is consistent with the Islamic concept of hisab, in which every individual will be held accountable before Allah for all their actions. Transparency also reflects the Qur^anic command in Surah Al-Baqarah (2:282) to record transactions clearly, while public participation reflects the value of consultation (shura) in decision-making. The findings of this literature review highlight that integrating good governance principles with Islamic legal values can significantly strengthen fraud preventation mechanisms in the public sector. Thus, the application of good governance is not only an administrative obligation but also a reflection of Islamic teachings in maintaining trust, ensuring fairness, and promoting public welfare.

Keywords: Good Governance- Fraud Preventation- Islamic Law- Public Sector- Accountability

Share Link | Plain Format | Corresponding Author (Alfira Eka Fauziah)


142 Law and Ethics in Terms of Islamic Perspective ABS-150

Hospital Legal Responsibility for Medical Errors in Emergency Services
Prem Guray

Doctor of Law, Bandung Islamic University, Bandung, Indonesia


Abstract

Abstract.This study examines the legal liability of hospitals for medical errors in emergency care (ER) in Indonesia, particularly in the context of the implementation of Law Number 17 of 2023 concerning Health and its implementing regulations. Hospitals, as public service institutions, are obligated to provide emergency services quickly, accurately, and without discrimination to patients in life-threatening conditions. However, in practice, cases of delayed service, patient refusal, and misdiagnosis with fatal consequences are common, raising questions regarding hospitals^ legal liability, both criminally, civilly, and administratively.
This study uses a juridical-normative approach based on a literature review of laws and regulations, legal doctrine, and actual cases in Indonesia. The results of the study indicate that although the legal framework explicitly regulates hospital liability for medical errors, its implementation still faces various obstacles, ranging from low legal literacy among medical personnel and patients, a weak incident reporting system, to inconsistent law enforcement. To address this, it is necessary to strengthen the risk management system, provide health law training for medical personnel, empower the Professional Disciplinary Council, and ensure strict government oversight. This study emphasizes the importance of building an emergency care system that is not only clinically responsive but also legally accountable. By strengthening legal responsibility systematically, it is hoped that emergency care in Indonesia can provide maximum protection for patients and promote a culture of safety and justice in healthcare practices.

Keywords: Legal Liability, Hospitals, Medical Errors

Share Link | Plain Format | Corresponding Author (Prem Guray)


143 Law and Ethics in Terms of Islamic Perspective ABS-153

Protecting People^s Rights to Adequate Health Care Through the National Health Insurance System
Emed Tarmedi, Nandang Sambas, Sri Ratna Suminar

Fakultas Hukum Universitas Islam Bandung


Abstract

The right to health is a fundamental human right guaranteed by the 1945 Constitution of Indonesia, supported by national legislation and international legal instruments. However, the implementation of the National Health Insurance (JKN) still faces a gap between normative regulations and the realities of healthcare delivery. Methods, This study adopts a normative-juridical approach by analyzing the Constitution, statutory regulations, international instruments, BPJS Health performance reports, and Ministry of Health data. The evaluation employs the AAAQ framework (availability, accessibility, acceptability, and quality). Results, Findings reveal that although Indonesia has established a strong legal framework for the right to health, the implementation of JKN encounters persistent challenges, including limited infrastructure, unequal distribution of health workers, financial sustainability issues, administrative bureaucracy, and discriminatory practices. The application of the AAAQ principles has not yet been realized equitably across regions.
Discussion, These results highlight a significant gap between normative ideals and practical implementation. Strengthening regulations, ensuring equitable distribution of facilities and health personnel, improving JKN governance, and integrating human rights principles into health policy are essential to enhance the protection of the right to health.
Conclusion, The fulfillment of the right to health in Indonesia requires systemic reform to achieve universal health coverage (UHC) that is fair, equitable, and sustainable.

Keywords: right to health, JKN, BPJS, human rights, AAAQ

Share Link | Plain Format | Corresponding Author (Emed Tarmedi)


144 Law and Ethics in Terms of Islamic Perspective ABS-155

Juridical Analysis of Disclaimer Statements In Covernote As A Means of Legal Protection For Notaries
Felly Faradina

- Doctoral Candidate in Law at Islamic University of Bandung, Bandung, Indonesia, and

-Lecturer at Islamic University of Riau, Pekanbaru, Indonesia.


Abstract

A covernote is a letter issued by a Notary that provides information and clarification indicating that the preparation of a document or deed under their responsibility is still in progress. Disputes frequently arise concerning the legal implications of covernotes, some of which escalate to legal proceedings. In response, Notaries often include disclaimer statements in the covernotes they issue as a form of precaution. However, the legal standing and protective value of such disclaimers remain a subject of debate. This study aims to examine whether the inclusion of disclaimer clauses in covernotes is legally permissible and whether such clauses have legal consequences that can serve as a form of legal protection for Notaries. Employing a normative juridical approach, this research analyzes relevant laws and legal literature. The study finds that the inclusion of disclaimers in covernotes is a relatively recent practice, increasingly adopted by Notaries to shield themselves from potential liabilities arising from matters beyond their control. Legally, a disclaimer functions as a statement of non-liability that may serve as a protective measure, insofar as it pertains to circumstances outside the Notary^s authority. While such disclaimers do not fully absolve Notaries from legal responsibility, they function as a preventive mechanism to reduce legal risks. Thus, the use of disclaimers in covernotes can be considered a justifiable and strategic legal approach in practice.

Keywords: Covernote, Disclaimer, Notary, Legal Protection

Share Link | Plain Format | Corresponding Author (FELLY FARADINA)


145 Law and Ethics in Terms of Islamic Perspective ABS-156

FROM MUTUAL RECOGNITION TO MUTUAL RECOGNITION AGREEMENT WITHIN INTERNATIONAL TRADEt
Neni Ruhaeni*, Norazlina binti Abdul Aziz**, Efik Yusdiansyah*, Eka An Aqimuddin*

*Faculty of Law, Universitas Islam Bandung
** Faculty of Law, UiTM, Malaysia


Abstract

Mutual recognition agreements (MRAs) play a crucial role in facilitating international trade by addressing non-tariff barriers that can impede the free flow of goods and services across borders. These agreements establish a framework whereby the standards, technical regulations, or conformity assessment procedures of one country are formally accepted by another. By doing so, MRAs enable products or services that have already been certified in one jurisdiction to enter foreign markets without the need to undergo certification, or compliance procedures in the importing country. Furthermore, MRAs are recognized by the World Trade Organization (WTO) as legitimate instruments for trade facilitation. This recognition ensures that trade through mutual recognition do not contravene international trade regulations. In addition, MRAs serve as important mechanisms for reconciling the diverse regulatory systems of WTO member states while upholding the core principles of non-discrimination and transparency in international trade. This article investigates the process by which mutual recognition has evolved from a trade policy into a binding legal instrument. To achieve these objectives, the research employs a normative legal methodology by analyzing the principles and legal frameworks underpinning MRAs as reflected in WTO. This study also incorporates a historical perspective, tracing the development and proliferation of MRAs within the broader context of international trade.

Keywords: mutual recognition, agreement, international trade law

Share Link | Plain Format | Corresponding Author (Neni Ruhaeni)


146 Law and Ethics in Terms of Islamic Perspective ABS-159

A Paradigm Shift in Cooperative Principles: The Case of the Merah Putih Cooperative in Indonesia
Zulhendrawan

Islamic University of Bandung, Bandung, Indonesia


Abstract

The existence of cooperative institutions in Indonesia is a constitutional mandate in accordance with the explanation of Article 33 Paragraph 1 of the 1945 Constitution. The government^s strategic program in developing Cooperative institutions is realized through the establishment of the Merah Putih Cooperative, which is expected to create community welfare, although a number of criticisms have emerged regarding provisions in its regulations that are considered to be contrary to the basic principles of Indonesian cooperative institutions and the International Co-operative Alliance (ICA). Therefore, it is necessary to conduct research on how the paradigm shift in the principles of cooperative institutions occurs in the practice of the Merah Putih Cooperative, and its implications for the identity of Cooperative institutions in Indonesia. This research presents innovations regarding the paradigm shift in the principles of Cooperative institutions in the Merah Putih Cooperative program. The analysis links the provisions of laws and regulations with the reality of policy implementation. Through normative legal research using secondary and tertiary legal materials presented qualitatively and analyzed descriptively and prescriptively, the results obtained indicate a paradigm shift in the principles of Cooperative institutions in the Merah Putih Cooperative, related to the principle of voluntary and open membership and the principle of democratic management. However, these changes do not eliminate the identity of the Cooperative institution as a business entity based on the principles of family and mutual aid.

Keywords: Cooperative, Notary, Merah, Putih

Share Link | Plain Format | Corresponding Author (ZULHENDRAWAN ZULHENDRAWAN)


147 Law and Ethics in Terms of Islamic Perspective ABS-161

The Use of Peer to Peer Lending as a Financial Technology Innovation for Borrowers Authorization by the Financial Services Authority
Yuliana Indah Sari

Doctoral student in Law at Bandung Islamic University and lecturers at the Faculty of Law, Riau Islamic University


Abstract

The rapid growth of the business world has led borrowers to switch to using Financial Technology platforms. One of these is Online Loans or Peer To Peer Lending, which is conducted without face-to-face meetings and is only integrated with the internet network. Many borrowers use Peer To Peer lending because it offers convenience. However, borrowers have not responded well to this convenience, as evidenced by the discovery of borrowers who use online loans from more than one platform, which ultimately harms them because they are unable to pay their installments, including late fees. This study aims to determine how the use of Peer-to-Peer Lending is restricted for borrowers based on POJK, and secondly, how OJK plays a role in protecting borrowers who are unable to pay their loans. This study uses a normative method. The results of this study are as follows. First: restrictions on the use of peer-to-peer lending for borrowers based on OJK regulations refer to OJK Circular Letter Number 19/SEOJK.06/2023, which states that borrowers may only be granted online loans from no more than three platforms, must use personal data when borrowing, must pay attention to the interest rate applied, and must repay the loan in accordance with the electronic contract. Second: OJK has a role as a regulator by issuing POJK No. 22 of 2023 concerning Consumer and Community Protection in the Financial Services Sector, and OJK has a role as a supervisor by actively monitoring the operations of Peer-to-Peer Lending companies.

Keywords: Usage, Peer to Peer Lending, Financial Technology, Borrower, Financial Services Authority

Share Link | Plain Format | Corresponding Author (Yuliana Indah Sari)


148 Law and Ethics in Terms of Islamic Perspective ABS-163

THE ROLE OF ADVOCATES IN HELPING DEFENDANTS IN CRIMINAL JUSTICE PROCESSES
Arifton1, Nandang Sambas2, Ade Mahmud3

UNIVESITAS ISLAM BANDUNG


Abstract

Abstract: Every criminal, civil, and state administrative justice system, including Indonesia^s, recognises the importance of legal aid. Professionals with extensive knowledge of the law provide legal aid since the idea behind it is to ensure that everyone has the chance to exercise their rights. Those who give legal assistance do so because they are committed to high ideals, such as helping people achieve economic and social equality and defending their fundamental human rights.
INTRODUCTION
^Legal A Legal Aid Provider offers a free legal service to someone who needs it,^ reads Article 1, number 1, chapter I of Law Number 16 of 2011, which deals with legal aid. But here, a low-income individual or community is receiving legal aid. If they provide legal help services, a community group or legal aid institution can be regarded as a Legal Aid Provider according to Law Number 16 of 2011, which deals with legal assistance. According to Article 1 number 9 of Chapter I of Law Number 18 of 2003, ^a legal service provided by an Advocate free of charge to a Client who cannot afford it^ is the definition of legal aid.^.
Every criminal, civil, and state administrative justice system, including that of the Republic of Indonesia, recognises the rather significant role that legal assistance plays. Generalising about the goals of legal aid, we can say that it aims to help out different parts of society in the following ways: (1) making sure that people who receive it can actually get

Keywords: Advocate, Legal Aid, Human Rights

Share Link | Plain Format | Corresponding Author (Arifton Arifton)


149 Law and Ethics in Terms of Islamic Perspective ABS-164

Legal Protection of Patient Medical Record Privacy in the Era of Hospital Digitalization
Nuriana Aswita

Doctor of Law, Bandung Islamic University, Bandung, Indonesia


Abstract

Abstract.The digitalization of the healthcare system in Indonesia has brought about significant changes in patient data management, particularly medical records. As sensitive personal data, medical records require strong legal protection to prevent misuse, leakage, or unauthorized access. This study aims to examine the legal protection of medical record privacy in the digital era of hospitals based on the applicable legal framework, such as the Personal Data Protection Law (Law No. 27 of 2022), the Health Law (Law No. 17 of 2023), and Minister of Health Regulation No. 24 of 2022. The research method used is a juridical-normative approach with regulatory, doctrinal, and case study analysis.
The research findings show that despite the availability of a relatively progressive legal framework, its implementation still faces numerous challenges. The biggest obstacles include weak digital security infrastructure, limited legal literacy among medical personnel, and the lack of an operational personal data oversight body. Addressing these challenges requires a comprehensive strategy that includes strengthening technical regulations, improving human resources, providing digital law training for healthcare workers, establishing a patient data access audit mechanism, and actively participating in safeguarding the right to privacy. Fair, transparent, and technology-based law enforcement is key to ensuring that patients^ rights to privacy are not eroded by technological advancements.

Keywords: Patient privacy, electronic medical records, personal data protection

Share Link | Plain Format | Corresponding Author (Nuriana Aswita)


150 Law and Ethics in Terms of Islamic Perspective ABS-172

LEGAL ANALYSIS OF LEGAL STANDING ISSUES IN THE CONSTITUTIONAL COURT DECISION (IN THE CONSTITUTIONAL COURT DECISION NUMBER 90/PUU-XXI/2023)
moza dela fudika (a), efik yusdiansyah (b), ellydar chaidir (c)

(a) universitas islam bandung
(b) universitas islam bandung
(c) universitas islam riau


Abstract

This research reviews constitutional review at the Constitutional Court (MK), especially in Case No.90/PUU-XXI/2023. The focus is on the applicant^s legal standing and the Constitutional Court^s considerations in making decisions. Legal standing is a legal right or position that allows a party to file a lawsuit before a court. In the context of material review, the applicant^s legal position is the main determinant of the legitimacy of judicial review. Normative legal methods are used in this research to systematically and in-depth analyze the legal framework governing legal standing and the Constitutional Court^s interpretation of it in the context of the cases studied. This research discusses the requirements and criteria for legal standing which are regulated in both the law and MK regulations, as well as the MK^s interpretation of them in this case. The results show a debate surrounding the consistency, independence, and integrity of the Constitutional Court, especially regarding the controversial decisions received. Criticism emerged regarding the Constitutional Court^s approach in assessing legal standing, where there were allegations of inconsistencies, loose assessments, and potentially dubious conflicts of interest. Thus, this research provides in-depth insight into the constitutional review process and the challenges faced by the Constitutional Court in maintaining its authority as an independent and credible constitutional justice institution.

Keywords: Legal Standing, Constitutional Court, Material Review.

Share Link | Plain Format | Corresponding Author (moza dela fudika)


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