Focus and Scope
Siyasah Dusturiyah: State Law Review is an academic journal focusing on multidisciplinary legal studies, with a primary emphasis on the interplay between the state, law, and society. The journal aims to publish empirical research, conceptual frameworks, and rigorous critical analyses concerning constitutional systems, public policy, and state governance, approached from the perspectives of both Islamic Law (Siyasah) and General/Positive Law.
To accommodate this comprehensive academic approach, the scope of the journal is classified into two primary domains:
A. Islamic Legal Studies (Siyasah & Sharia)
This section focuses on the principles of constitutional law, public policy, and legal systems derived from Islamic jurisprudence (Sharia) and their contemporary development, particularly as recognized within the positive legal framework of Indonesia.
- Siyasah Dusturiyah (Islamic Constitutional Law): Inquiries into the structure of the state in Islam, leadership paradigms (imamah/khilafah), concepts of sovereignty, the separation of powers, the relationship between the governing and the governed, and Islamic constitutional frameworks (e.g., the Charter of Medina).
- Siyasah Qadhaiyah (Islamic Procedural Law and Judiciary): Studies on the religious court system, the enforcement of substantive Sharia law within the judiciary, and the dynamics of Religious Court Procedures (particularly concerning marriage, inheritance, waqf, and Islamic economic disputes).
- Siyasah Maliyah (Islamic Public Finance and Economic Policy): State financial governance, the jurisprudence of zakat, taxation in Islam (kharaj/jizyah), the management of productive waqf, and state regulation of the Islamic economy.
- Siyasah Dauliyah (Islamic International Law): Analyses of inter-state relations, Islamic laws of war and peace, international treaties (mu'ahadah), and the right of asylum.
- Siyasah Syar'iyyah & Islamic Legal Legislation: The transformation and codification of Islamic legal principles into national positive law (e.g., the Compilation of Islamic Law, Sharia-influenced regional bylaws, and the modernization of Islamic private law in Indonesia).
B. General State Law/Positive Law Studies
This section focuses on multidisciplinary legal fields within general (positive) law that intersect directly with state governance, public policy, and the protection of civil rights.
1. Public Law Domain
- Constitutional Law: Constitutional dynamics, state structures, state organs, inter-branch shifts in power, electoral systems, political party regulations, and the fulfillment of Human Rights.
- Administrative Law: Bureaucratic governance, principles of Good Governance, public service procedures, executive discretion, and the scope of authority of state apparatuses.
- Criminal Law & Penal Policy: State criminalization policies, criminal code reform, integrated criminal justice systems, and the efficacy of penal sanctions in maintaining public order.
- Public International Law: The impact of global legal frameworks on domestic law, treaty ratification, maritime law, diplomatic law, and international conflict resolution.
2. Procedural Law Domain
- Constitutional Court Procedure: The dynamics of judicial review, jurisdictional disputes between state organs, the dissolution of political parties, and electoral dispute resolution.
- Administrative Court Procedure: Analysis of dispute resolution between citizens and government officials arising from Administrative Decrees.
- Criminal and Civil Procedure: Evaluation of procedures spanning investigation, prosecution, and execution, as well as civil dispute resolution mechanisms, to ensure a fair, transparent, and equitable judiciary.
3. The Intersection of Private Law and State Policy
While private law governs the individual sphere, the journal welcomes private law studies that implicate state policy, public protection, or macroeconomic regulation:
- Civil & Business Law: State policy regarding corporate governance, bankruptcy, secured transactions, insurance, and the protection of Intellectual Property Rights (IPR).
- Private International Law (Conflict of Laws): State intervention in cross-border contractual disputes, the legal status of foreign entities, and civil disputes involving foreign elements.
4. Specialized and Contemporary Law
Responding to societal dynamics where public and private law intersect, this journal encompasses:
- Agrarian and Zoning Law: State policies on land tenure, agrarian reform, customary land rights (hak ulayat), and spatial planning/zoning regulations.
- Environmental Law: Ecological law enforcement, environmental impact assessment (EIA/AMDAL) licensing, corporate liability for environmental degradation, and the transition toward climate justice.
- Economic, Financial, & Tax Law: Macro and micro-prudential regulation of banking, legal certainty for investments, antitrust and competition law, taxation policy, and the governance of Financial Technology (Fintech) and crypto-assets/digital currencies.
- Cyberlaw & Information Technology: Digital state sovereignty, personal data protection (PDP), electronic transactions, and the prevention of cybercrime.
- Labor & Health Law: The state's role in industrial relations (e.g., omnibus labor laws, worker protection) and national health system policies (rights of healthcare professionals and patients).
5. Legal Pluralism & Specialized Legal Systems in Indonesia
- Customary Law within the State Framework: Constitutional recognition of indigenous and customary communities, customary courts, the existence of unwritten/common law, and local wisdom-based dispute resolution vis-à-vis state law.
Note to Authors (Author Guidelines):
Submissions to Siyasah Dusturiyah: State Law Review are highly encouraged to adopt a multidisciplinary approach, bridging state/constitutional policy (whether under Islamic or Positive Law frameworks) with the aforementioned legal domains. The objective is to produce progressive, equitable, and highly applicable recommendations for legal and state governance.