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Dr. Muchamad Ali Safa'at

Senior Research Fellow

(present July 2017 - January 2018)

sakuntalla@gmail.com

Areas of interest

  • Contitutional Law
  • Human Rights
  • State and Religion

Research project: Indonesian Secularity. An analysis of State and Islam relation on legal and political development

Indonesia is neither a secular state nor a religious state. This sentence is often used to describe the relationship between state and religion in Indonesia based on Pancasila. On one hand, there has been a real process of secularization. Starting from the formation of the state organs that different and separate from religious institutions to the political realities that were desacralized. The creation of public law is not religious institution’s authority but secular state’s authority. On the other hand, Pancasila’s first value and article 29 of the 1945 Constitution clearly state that the State is based on Belief in One Supreme God. This constitutional framework has legal implication that some of the religious law (substance of the Sharia) become state law. Secularity is a product of dynamic interaction between secular and religious social forces. The process of interaction is assumed more dynamic in countries that declare neither as secular nor religious state. Secularization could be occurred for different reasons and purposes that create different secularities between regions, countries, and cultures, so called “multiple secularities”. This research is related to the first and third themes of the concept of "multiple secularities", that are, firstly, to know the historical background and the process of nation state formation as a path of secularization. Secondly, to explain the different forms of institutionalization of secularity and to explain the model of Indonesian secularity. The phenomenons that will be analyzed to know the dynamic interaction are the socio-political background, the constitutional framework, and state law and institution concerning religions. There are two principal functions of the law and legal process. First, Integrative, law as a government mechanism to manages conflict and facilitates social order. Second, transformative, perceiving law as a vehicle to express values and to change social and political condition.

 

Biography

​2009

PhD, Faculty of Law, Brawijaya University of Indonesia (Indonesia)

2005 - 2008

Expert staff, Secretrariat General and Clerk of Indonesian Constitutional Court

2004

Magister, Faculty of Law, Brawijaya University of Indonesia (Indonesia)

2003 - 2004

Assistant, Ad Hoc Team on Investigation of Mei 1998 Riot, Indonesia National Commission of Human Rights (Indonesia)

​1999

present  Lecturer, Faculty of Law, Brawijaya University of Indonesia (Indonesia)

Relevant Publications

  • Safa’at, Muchamad Ali (2016). H.L.A. Hart’s Concept of Law. Jakarta: Konstitusi Press.
  • Safa’at, Muchamad Ali (2014). „Corporate Social Responsibility: A Constitutional Perspective.“ Jurnal Konstitusi 11/1.
  • Safa’at, Muchamad Ali, Bambang Sugiri, and Muktiono (2013). Reordering the Role of Forum for Religious Community Harmony (FKUB) in Handling Religion Conflict at Local Level (East Java). Malang: Universitas Brawijaya.
  • Asshiddiqie, Jimly and Muchamad Ali Safa’at (2012). Hans Kelsen’s Theory of Law. Jakarta: Konstitusi Press.
  • Araf, Al, Anton Aliabbas, Ardi Manto, Bhatara Ibnu Reza, Cahyadi Satriya, Gufron Mabruri, Jaky Nurhasya, Junaidi Simun, Muchamad Ali Safa’at, and Poengky Indarti (2011). Securitization of Papua: The Impact of Security Approach for Human Rights in Papua. Jakarta: Imparsial.
  • Perdana, Herlambang, and Muchamad Ali Safa’at (2011). Contitutionalism and ASEAN’S Human Rights Declaration. Jakarta: Human Rights Working Groups.
  • Safa’at, Muchamad Ali, Widodo Ekatjahjana, Fatmawati, Saifuddin, and Feri Amsari (2010). Law on Constitutional Courts Procedure. Jakarta: Secretariat General and Clerk of the Constitutional Court of Indonesia.
  • Safa’at, Muchamad Ali (2010). Assessment of Indonesia’s Human Rights Progress and Contribution as a Member of the United Nations Human Rights Council. Jakarta: Human Rights Working Groups.
  • Safa’at, Muchamad Ali (2010). Political Party Dissolution: Regulation and Practice in Indonesia. Jakarta: PT. Rajawali Press.
  • Mabruri, Gufron, Otto Pratama, Rusdi Marpaung, Bhatara Ibnu Reza, Al Araf, Poengky Indarti, Junaidi SImun, and Muchamad Ali Safa’at (2010). Inveighing Against Death Penalty in Indonesia. Jakarta: Imparsial.
  • Safa’at, Muchamad Ali (2010). Bicameral Parliament: A Comparative Study USA, France, Netherland, British, Austria, and Indonesia. Malang: UB Press.
  • Moh. Mahfud MD, Jazim Hamidi, I Dewa Gede Palguna, Muchamad Ali Safa’at, and Mustafa Lutfi (2010). Constitutional Question “Alternatif for Constitutional Justice”. Malang: UB Press.
  • Araf, Al, Muchamad Ali Safa’at, Poengky Indarti, Rusdi Marpaung, Gufron Mabruri, and Junaidi (2006). Human Rights Defender Protection. Jakarta: Imparsial.
  • Safa’at, Muchamad Ali (2006). “Militer in Constitutional Law Perspective.” In The Dynamic of Security Sector Reform. Edited by Gufron Mabruri. Jakarta: Imparsial.
  • Safa’at, Muchamad Ali (2001). Military’s Role on the Indonesian Democracy. Arena Hukum Journal. Malang.
  • Arsyad, A. Mukti, Jazim Hamidi, Ibnu Tricahyo, and Muchamad Ali Safa’at (2000). UUD 1945’s Amendment, Between Text and Context. Jakarta: Sinar Grafika.