Justitia Nova: Indonesian Journal of Modern Law

Articles

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  Strengthening Regulatory Enforcement and Legal Accountability in BOS Fund Governance in Indonesia: A Socio-Legal Study

  Imam Habieb Nurwahid ID , Rafi Arsyad Putra Ahyani ID , Mowafg Abrahem Masuwd LY

  The governance of School Operational Assistance (Bantuan Operasional Sekolah/BOS) funds in Indonesia is an important area of public financial law, particularly in relation to legal accountability, regulatory compliance, and enforcement of state education financing policies. Although BOS funds are regulated under a comprehensive legal framework based on the principles of legality, transparency, accountability, and auditability, there remains a persistent gap between normative legal provisions and their implementation at the school level, especially within Islamic schools. This study adopts a socio-legal research design combining doctrinal legal analysis and empirical financial documentation analysis to examine how BOS fund governance is operationalized in practice. The analysis focuses on key financial documents, including School Activity and Budget Plans (RKAS), cashbooks, receipts, and expenditure records, as primary instruments of accountability and legal evidence. The findings show that financial documentation plays a central role in BOS governance; however, its consistency, standardization, and evidentiary reliability vary significantly across institutions, which weakens audit effectiveness and regulatory enforcement. The study further identifies a governance gap between legal design and administrative implementation, where compliance tends to be procedural rather than substantive. It concludes that strengthening BOS governance requires not only regulatory refinement but also standardized documentation systems and improved enforcement capacity within public financial governance. This study contributes to socio-legal scholarship by positioning financial documentation as a key mechanism linking legal norms and administrative accountability in decentralized education finance systems.

  Pages: 1-17

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  State Responsibility and Currency Depreciation in Selected Developing Countries: A Comparative Constitutional Analysis

  James Chin SG , Hisyam bin Hamid Albandiyi ID , Abdul Rahim ID

  Currency depreciation in developing countries is commonly treated as a macroeconomic phenomenon; however, this study reconceptualizes it as a constitutional issue of economic governance involving state responsibility, institutional accountability, and socio-economic rights protection. This research examines how constitutional and legal systems regulate monetary stability obligations amid persistent currency depreciation. The study focuses on selected developing countries, namely Lebanon, Argentina, Iran, Indonesia, Laos, and Paraguay, which reflect diverse institutional arrangements and varying degrees of monetary instability shaped by fiscal structures, governance capacity, and external economic pressures. A normative juridical method is applied through statutory interpretation, doctrinal analysis, and comparative legal approaches to examine the relationship between constitutional law and monetary governance. The findings indicate that currency depreciation is not merely a technical economic issue but also reflects structural weaknesses in constitutional governance, particularly in fiscal–monetary coordination, institutional accountability, and enforcement of public welfare obligations. The study develops the Constitutional Monetary Responsibility Framework (CMRF), integrating monetary stability, state responsibility, constitutional accountability, and socio-economic rights protection into a unified model. This framework positions currency depreciation as a constitutional stress indicator affecting institutional legitimacy and economic rights realization. The study contributes to constitutional economic governance literature by offering a comparative legal perspective on monetary instability in developing countries and argues that effective responses require both macroeconomic adjustments and strengthened constitutional oversight. The research is limited by reliance on secondary legal sources and recommends future empirical socio-legal studies to validate the framework.

  Pages: 18–35

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  Presidential Electoral Legitimacy in Indonesia (2004–2019): A Siyasah Syariyyah Analysis

  Adamu Abubakar Muhammad NG , Adang Sonjaya ID

  Presidential elections constitute a central mechanism for democratic legitimacy in Indonesia’s constitutional system. While previous studies have extensively examined electoral competition, coalition politics, and democratic consolidation, limited attention has been given to how electoral legitimacy can be evaluated through the normative framework of siyasah syariyyah. This gap is significant because legitimacy in Islamic constitutional thought extends beyond electoral victory and encompasses justice (al-‘adl), public welfare (maslahah), and trustworthiness (amanah) as foundational principles of governance. This study analyzes the legitimacy of Indonesia’s presidential elections from 2004 to 2019 by examining the electoral cycles of 2004, 2009, 2014, and 2019 through the perspective of siyasah syariyyah. Employing a qualitative normative-juridical method and doctrinal legal analysis, the study utilizes constitutional documents, electoral regulations, judicial decisions, and relevant scholarly literature as primary sources. The findings demonstrate that electoral legitimacy in Indonesia is shaped not only by constitutional procedures and electoral outcomes but also by the quality of political competition, coalition formation, and public acceptance of electoral results. Using al-‘adl, maslahah, and amanah as analytical indicators, the study finds that democratic legitimacy and Islamic constitutional legitimacy are complementary rather than contradictory. The analysis further reveals that legitimacy is strengthened when electoral processes uphold fairness, promote public welfare, and encourage accountable political leadership. This article contributes to the scholarship on Islamic constitutional law by proposing a siyasah syariyyah-based framework for assessing electoral legitimacy, thereby integrating democratic constitutionalism with Islamic principles of governance in contemporary Muslim-majority states.

  Pages: 36–55

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  Comparative Disaster Law and Governance in Asia and Europe: Legal Frameworks and Institutional Leadership

  Padhol Padhol ID , Imron Hamzah bin Syuhud YE , Norhoneydayatie Abdul Manap MY , Sérgio António Neves Lousada MY

  Natural disasters have become a persistent challenge for contemporary legal systems, requiring not only emergency response mechanisms but also robust disaster law frameworks that integrate governance, institutional coordination, and sustainable development objectives. This study examines comparative disaster law and governance in Indonesia, Malaysia, Yemen, and Portugal to analyze how legal frameworks and institutional leadership influence disaster resilience and sustainable economic development. The study addresses three research questions: how disaster governance is legally structured in different jurisdictions, how institutional leadership contributes to the effectiveness of disaster law implementation, and how comparative legal lessons can inform an integrative governance model for resilience and development. A normative-comparative legal research method is employed, using statutory analysis, policy documents, and relevant scholarly literature. The analysis is guided by legal system theory, good governance theory, and responsive law theory to evaluate the interaction between legal norms, institutional structures, and governance effectiveness across jurisdictions. The findings indicate that Indonesia applies a decentralized disaster law framework under Law No. 24 of 2007, Malaysia implements a centralized coordination model through national directives and the National Disaster Management Agency (NADMA), Yemen reflects fragmented disaster governance due to political instability and limited institutional capacity, and Portugal adopts an integrated European Union–aligned civil protection system emphasizing prevention and resilience. The study demonstrates that effective disaster governance depends on legal certainty, institutional coordination, and leadership capacity. Based on the comparative findings, this research develops the Integrative Legal Leadership and Disaster Governance (ILDG) Model, which links legal foundations, institutional leadership, governance capacity, disaster resilience, and sustainable economic development as a unified analytical framework contributing to disaster law scholarship.

  Pages: 56–75

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  Beyond Algorithmic Diagnosis: Legal Accountability and Islamic Ethical Governance of AI-Driven Mental Health Systems

  Muhamad Ghofir Makturidi ID , Andrey V. Kotyazhov RU , Nur Hafieza Ismail MY , Ghousia Khatoon IQ , Huma Khan IN

  The increasing adoption of artificial intelligence (AI) in mental healthcare has transformed the identification, monitoring, and management of psychological conditions through predictive analytics and behavioral data analysis, while simultaneously generating significant legal and ethical challenges related to accountability, privacy protection, transparency, and the legitimacy of algorithmic decision-making. This study aims to examine legal accountability mechanisms in AI-driven mental health systems and to integrate Islamic ethical principles as a complementary evaluative framework for strengthening governance. A normative legal research method is employed using statutory, conceptual, and comparative approaches, analyzing Indonesian health law, personal data protection law, and electronic information regulations, as well as international instruments such as the UNESCO, OECD, and WHO guidelines on AI governance. The findings indicate that existing legal frameworks in Indonesia remain fragmented and insufficient to comprehensively regulate algorithmic decision-making, explainability requirements, and liability allocation in AI-assisted mental healthcare. Accordingly, this study proposes an integrated governance framework that combines national legal instruments, trustworthy AI principles, and Maqāṣid al-Sharīʿah as normative and ethical foundations for responsible AI deployment. The novelty of this research lies in its doctrinal integration of AI legal accountability with Islamic ethical governance in the mental health context, which has been rarely addressed in previous studies. The contribution of this study is the development of a multidisciplinary governance model that strengthens legal certainty, ethical legitimacy, and patient protection in digital mental health systems. However, this study is limited by its normative doctrinal approach and the absence of empirical validation within healthcare institutions and AI implementation settings.

  Pages: 76–93

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