Antinomi dalam Peraturan Perundang-undangan di Indonesia

Mochtar, Zainal Arifin

doi:10.20956/halrev.v1i3.112

Cited by 4 publications

(4 citation statements)

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“…Legal Politics is a formal designator or boundary made for the basis for creating and implementing laws to achieve the goals of the state. 11,12,13 It can also be referred to as a process of achieving state goals. 14 In addition, legal politics is also an answer to doubts related to what law will be made on the official perspective of the state to achieve the purpose of the state.…”

Section: Results and Discussion 1 Legal Politics Extension Of The Pre...mentioning

confidence: 99%

Juridical Analysis of Presidential Term Extension Through Constitutional Amendment

Zain,

Haruni,

Al-Fatih

et al. 2023

Ilrej

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One of the content materials in constitutional amendment process is Article 7 of 1945 Republic of Indonesia Constitution concerning the President's term of office being limited to only two terms. During the era of President Joko Widodo's leadership, the issue of extending presidential term into three terms resurfaced. This study raises the main issues studied are, First, how is the legal politics of extending the President's term of office in terms of the Presidential Government System. Second, what is the urgency of President's term extension in terms of the Presidential System. This research is a normative juridical research with legal materials. The approach method used is the statutory approach and the conceptual approach. This study uses a qualitative descriptive analysis technique. Based on the results of research and discussion, that First, legal politics in extending the presidential term of office, namely placing a place to filter leaders so they can advance in a direct democratic party has a logical consequence so that in a presidential system of government, the existence of political parties can certainly have an influence on support on every presidential policy taken. Second, the urgency of an extension of the term of office of President in terms of Presidential Government system, that there is no need to extend the term of office for three terms because it causes discontinuity regarding the terms of office of the President and Vice President in Indonesia in order to prevent authoritarianism. The advice from this paper is that the extension of the term of office of the President and Vice President is sufficient for 2 periods and there is no need for an extension of the term of office of the President for more than two consecutive terms, because it can lead to abuse of power.

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Section: Results and Discussion 1 Legal Politics Extension Of The Pre...mentioning

confidence: 99%

Juridical Analysis of Presidential Term Extension Through Constitutional Amendment

Zain,

Haruni,

Al-Fatih

et al. 2023

Ilrej

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“…Based on the theory put forward by Gustav Radbruch, the existence of these laws and regulations should provide a sense of justice, certainty, and benefits to the people. This is a consequence for countries that adhere to the rule of law system (Mochtar, 2015).…”

Section: A Theory Of Authority Legal Effectiveness and Antinomy Of mentioning

confidence: 99%

Completion of Legal Conflicts in The Implementation of The Decision of the National Sharia Arbitration Board

Al-Hakim

Hasanuddin

Suhendar

2020

Int. J. Nusantara Islam

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The background of the article is the contents of Article 59 paragraph (3) and explanation of paragraph (1) of the Law on Judicial Power. The article authorizes the District Court to implement the decision of the Sharia arbitration body on the resolution of Islamic economic disputes. The article and explanation of the verse contradicts the absolute authority of the Religious Courts regulated in Article 49 letter (i) of the Law on Religious Courts. This shows that, the legislators are not consistent in making laws and regulations, so that it creates legal uncertainty. By applying the normative legal research method to the statute approach and case approach, this article seeks to describe the phenomenon of legal conflicts that occur. From the in-depth analysis it can be concluded that the legal provisions regarding the implementation of the decision of the National Sharia Arbitration Board are regulated in the Arbitration Law, the Judicial Power Act and the Religious Courts Act. The legal substance of the provisions therein enables antinomy or legal conflicts. Antinomy settlement can use the principle of lex specialis derogat legi generali

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“…Legal products in each country (both wet in formele zin and wet in materiele zin) (Aziz, 2010) have the potential to be tested if, in Indonesia, the test can be done by the Constitutional Court (Mahkamah Konstitusi/MK) and the Supreme Court (Mahkamah Agung/MA). So much of legal products are being tested (judicial review), indicating that public trust in a legal product is low, causes conflict (antinomic norms), and is allegedly not meeting legal objectives (Mochtar, 2015). A growing phenomenon in Indonesia, a bill is ready to be tested after it is passed.…”

Section: Introductionmentioning

confidence: 99%

Understanding Beschikking, Regeling and Beleidsregel in Indonesian Legal System

Al-Fatih

Muluk

2023

Audit. Comp. Law J

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This article examines beschikking, regeling, and beleidseregel in the Indonesian legal system. This article aims to understand beschikking, regeling, and beleidseregel in the context of its content's type, form, and material. Using a conceptual approach method, this article will likely provide an understanding for academics and practitioners in the field of legislation. The results of this study show that beschikking in Indonesia appears in the form of KTUN. In contrast, regeling appears in the form of laws and regulations, while beleidseregel manifests in circulars and instructions. Measuring the marketability, binding, and usability of a beschikking, regeling, and beleidseregel uses a typology approach to the division of power.

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Antinomi dalam Peraturan Perundang-undangan di Indonesia

Cited by 4 publications

References 0 publications

Juridical Analysis of Presidential Term Extension Through Constitutional Amendment

Juridical Analysis of Presidential Term Extension Through Constitutional Amendment

Completion of Legal Conflicts in The Implementation of The Decision of the National Sharia Arbitration Board

Understanding Beschikking, Regeling and Beleidsregel in Indonesian Legal System

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