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<![CDATA[REORIENTASI ARAH KEBIJAKAN PENDIDIKAN TINGGI HUKUM DALAM UPAYA MEMBENTUK PENEGAK HUKUM PROFESIONAL ]]>
<![CDATA[Syaifuddin Syaifuddin]]>;
<![CDATA[Ade Kosasih]]>
<![CDATA[ AL IMARAH : JURNAL PEMERINTAHAN DAN POLITIK ISLAM Vol 3, No 2 (2018): Vol 3, No 2 Tahun 2018: Juli ]]>
Publisher : <![CDATA[Fakultas Syari'ah Universitas Islam Negeri Fatmawati Sukarno Bengkulu ]]>
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DOI: 10.29300/imr.v3i2.2149
<![CDATA[Abstract: The phenomenon of caught red-handed operations against law enforcement is a manifestation of failure of legal higher education in producing professional law enforcements. The orientation of higher education law is only on both theoretical and practical competencies, while character education is improved. Therefore the policy of implementing legal higher education needs to be directed at character education through efforts in order to internalize idealism values such as justice, truth, honesty, kindness, responsibility, etc. into prospective graduates/students who will become law Enforcement Scholars. In addition, learning methods that tend to be conventional and monologue need to be replaced with methods that can stimulate students to be more critical, analytical, innovative and progressive. Keywords: Reorientation, School of Law, Professionalism]]>
<![CDATA[ANALISIS YURIDIS PENGANGKATAN DAN PEMBERHENTIAN KEPALA POLISI REPUBLIK INDONESIA MENURUT UNDANG-UNDANG NOMOR 2 TAHUN 2002 TENTANG KEPOLISIAN REPUBLIK INDONESIA DAN SIYASAH DUSTURIYAH ]]>
<![CDATA[Mezi Nikmat]]>;
<![CDATA[Ade Kosasih]]>;
<![CDATA[Masril Masril]]>
<![CDATA[ AL IMARAH : JURNAL PEMERINTAHAN DAN POLITIK ISLAM Vol 6, No 2 (2021): Vol 6, No 2 Tahun 2021: Juli ]]>
Publisher : <![CDATA[Fakultas Syari'ah Universitas Islam Negeri Fatmawati Sukarno Bengkulu ]]>
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DOI: 10.29300/imr.v6i2.4937
<![CDATA[Abstract: The approval of the DPR in the appointment and dismissal of the Chief of Police of the Republic of Indonesia by the President reaps the Pros and Cons of various academics and practitioners of Constitutional Law, is one of the reasons for the writing of this thesis. The type of research in the writing of this thesis is juridical normative with the legal interpretation method used by the author is the grammatical, functional and systematic interpretation of the mechanism for the appointment and dismissal of the Police Chief of the Republic of Indonesia so that it can be seen how the considerations of the forming of Law Number 2 of 2002 concerning the Indonesian National Police in The appointment of the Police Chief of the Republic of Indonesia must obtain the approval of the DPR and to find out how Siyasah views the appointment and dismissal of the National Police Chief. Based on the research results, the mechanism for the appointment and dismissal of the Chief of Police is the authority of the President after obtaining approval from the DPR. Whereas in the Siyasah Fiqh the process of appointing and dismissing the Police Chief (Shahib asy-Syurthah) is directly appointed by the caliph / head of the State without any interference from other institutions.Keywords: Police Chief Appointment; DPR approval; Fiqh Siyasah ]]>
<![CDATA[ANALISIS KRITIS KEWENANGAN KEMENTERIAN HUKUM DAN HAK ASASI MANUSIA DALAM PENYELESAIAN SENGKETA PERUNDANG-UNDANGAN MELALUI MEDIASI ]]>
<![CDATA[Ade Kosasih]]>;
<![CDATA[A Majid Ali]]>
<![CDATA[ AL IMARAH : JURNAL PEMERINTAHAN DAN POLITIK ISLAM Vol 6, No 1 (2021): Vol 6, No 1 Tahun 2021: Januari ]]>
Publisher : <![CDATA[Fakultas Syari'ah Universitas Islam Negeri Fatmawati Sukarno Bengkulu ]]>
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DOI: 10.29300/imr.v6i1.4160
<![CDATA[ Abstract: The many regulations in Indonesia make it difficult to realize harmonization of law, even what happens is the opposite, namely the emergence of conflicting legal norms between laws and regulations. Conflict of norms results in legal uncertainty. Therefore, the Ministry of Law and Human Rights as the leading sector in the development of national law initiates the settlement of conflict of norms / disharmony in legislation through mediation. However, the resolution of norm conflicts through mediation is an anomaly from resolving norm conflicts that are generally known. In addition, the authority of the Ministry of Law and Human Rights as a mediator in resolving conflicting norms is also a polemic. Analysis through a conceptual approach and legislation in this paper shows that although the function of fostering national law lies with the Ministry of Law and Human Rights, the Ministry of Law and Human Rights is not authorized to resolve conflicts of laws and norms, even through mediation. The function of developing national law is only limited to evaluating the draft laws and regulations. Based on Law Number 12 of 2011 concerning Formation of Regulations and Regulations, the resolution of conflicting norms of laws and regulations under the law can only be done through judicial review to the Supreme Court. Keywords: Dispute; Regulation; Mediation]]>
<![CDATA[MENAKAR PEMILIHAN UMUM KEPALA DAERAH SECARA DEMOKRATIS ]]>
<![CDATA[Ade Kosasih]]>
<![CDATA[ AL IMARAH : JURNAL PEMERINTAHAN DAN POLITIK ISLAM Vol 2, No 1 (2017): Vol 2, No 1 Tahun 2017: Januari ]]>
Publisher : <![CDATA[Fakultas Syari'ah Universitas Islam Negeri Fatmawati Sukarno Bengkulu ]]>
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DOI: 10.29300/imr.v2i1.1028
<![CDATA[Abstract: One of the implications of the amendment of the 1945 Constitution is the issue of General Election of Regional Head (Pemilukada). The regulation of Pemilukada towards a more democratic direction is motivated by previous election practices that have shortcomings and weaknesses in terms of democracy. According to Article 18 Paragraph (4) of the 1945 Constitution, the Regional Head “shall be elected democratically”, if interpreted may mean Pemilukada directly or through the election by the DPRD. The sentence is “elected democratically” to consider the implementation of Pemilukada in special and special areas. Thus, Pemilukada directly or through representative institutions is still said to be democratic, as long as the implementation of electoral principles consistently. These electoral principles are the benchmarks for measuring democratic elections. These principles include direct, public, free, confidential, and fair and just principles.Keywords: general election, Head of Region, democratic]]>
<![CDATA[FORMAT OTONOMI DESA MENURUT UNDANG-UNDANG NOMOR 6 TAHUN 2014 TENTANG DESA ]]>
<![CDATA[Ade Kosasih]]>
<![CDATA[ AL IMARAH : JURNAL PEMERINTAHAN DAN POLITIK ISLAM Vol 1, No 1 (2016): Vol 1, No 1 Tahun 2016: Januari ]]>
Publisher : <![CDATA[Fakultas Syari'ah Universitas Islam Negeri Fatmawati Sukarno Bengkulu ]]>
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DOI: 10.29300/imr.v1i1.1024
<![CDATA[Political autonomy law of village is very varied because the arrangement of village in UUD 1945 is very briefly, featuring multiple interpretations, so that the organic regulations are always change appropriate with the taste of the rulers. By the amendment of UUD 1945, provisions on the village changed so that the village can adjust to the conditions of rural communities. The presence of Law Number 6 of 2014 about village gives new expectation to reposition the village on the first position, although there is pessimistic associated local wisdom that has been destroyed. Based on that background raised issues such as the following : How is the position of the village in order UUD 1945 and its amendment? How is format of village autonomy according to law Legal Number 6 of 2014? To answer these problems, doing research using normative method, which researching secondary data with the legal approach, then analyzed using analytical juridical method. Based on the results of research, rural arrangement in UUD 1945 after the amendment provides an opportunity to adjust to the conditions of each village. The presence of Legal Number 6 of 2014, gives a new format to the standing of village so the village is no longer be a sub-system of local government. However the village serves as an autonomous region based on the principles recognition and subsidiarity with the appropriate form of options provided by UUD NRI of 1945. Keywords: Format, Autonomy, Village. ]]>
<![CDATA[KEBERLAKUAN ASAS NE BIS IN IDEM TERHADAP PUTUSAN PENGADILAN ADAT DALAM TATA HUKUM INDONESIA ]]>
<![CDATA[Masril Masril]]>;
<![CDATA[Ade Kosasih]]>
<![CDATA[ AL IMARAH : JURNAL PEMERINTAHAN DAN POLITIK ISLAM Vol 4, No 1 (2019): Vol 4, No 1 Tahun 2019: Januari ]]>
Publisher : <![CDATA[Fakultas Syari'ah Universitas Islam Negeri Fatmawati Sukarno Bengkulu ]]>
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DOI: 10.29300/imr.v4i1.2167
<![CDATA[Abstract: The number of cases have been decided and executed by the Customary Court, but are still being processed and tried according to national law. It creates legal uncertainty and tends to conflict with the values of justice and human rights. This tendency is due to law enforcers who prioritize the principle of nullum delictum noella poena sine pravea lege poenali. The criminal law also acknowledges the principle of ne bis in idem for every decided and executed cases, including the Decision of the Adat Court. The result describes that the application of the principle of ne bis in idem to the Decision of the Customary Court has a place in Indonesian law. This can be recognized from the existence of a Supreme Court jurisprudence which states that if a case has been decided by the Adat Court and brought back to court, the Public Prosecutor's indictment must be declared "unacceptable" Niet On vankelijke Verklaark. The implementation of the principle of legality is not only interpreted as nullum delictum sine lege, seen as formal legality, but also as nullum delictum sine ius, material legality by recognizing customary law as a source of law.Keywoords: Ne bis in idem, Verdict, Customary Court.]]>
<![CDATA[PENYELESAIAN SENGKETA KEPEGAWAIAN AKIBAT PENJATUHAN HUKUMAN DISIPLIN ]]>
<![CDATA[Ade Kosasih]]>
<![CDATA[ JURNAL ILMIAH MIZANI: Wacana Hukum, Ekonomi, dan Keagamaan Vol 4, No 2 (2017) ]]>
Publisher : <![CDATA[Fakultas Syariah UINFAS Bengkulu ]]>
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DOI: 10.29300/mzn.v4i2.1015
<![CDATA[Abstract: An understanding of the rights and efforts that civil servants can take in facing employment disputes arising from the imposition of disciplinary punishment of civil servants, needs to be improved in order to avoid the act of arbitrariness (or willekeur) or action beyond the authority (ultra vires) conducted by the organ of state administrative office. The mechanisms and stages of dispute resolution in the field of personnel, has a variety of channels based on disciplinary violations committed, types of sentences handed down, and the level of position of officials who are authorized to punish. These channels, some through the Administrative Objections and Administrative Appeals. If only through Administrative Objection, then the next stage is the filing of a lawsuit to the State Administrative Court, whereas if the stages are through Administrative Appeals, the first level lawsuit shall be submitted to the Administrative High Court as a first instance court.]]>
<![CDATA[ANALISA KRITIS GUGATAN VOLUNTAIR TERHADAP PRAKTIK MALADMINISTRASI DI BIDANG PELAYANAN PUBLIK ]]>
<![CDATA[Ade Kosasih]]>
<![CDATA[ JURNAL ILMIAH MIZANI: Wacana Hukum, Ekonomi, dan Keagamaan Vol 3, No 1 (2016) ]]>
Publisher : <![CDATA[Fakultas Syariah UINFAS Bengkulu ]]>
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DOI: 10.29300/mzn.v3i1.1022
<![CDATA[The presence of concept positive fictitious decision in the Laws Of Administration of Government is an attempt to fight maladministration in the field of public service. In order to decision of positive fictitious get the laws power, Based on Laws Adpem should be applied for the determination to PTUN through lawsuit voluntair. Lawsuit voluntair is lawsuit petition affirmation of a right in the absence of other parties that made opponents (ex parte). If Lawsuit voluntair was granted by PTUN without the presence of the defendant, it could have voluntair lawsuit that originally expected to provide protection to the public, even cause new problems, For example court decision was contrary to the laws and regulations or prejudice the others. To avoid erroneous determination, then the judge in the lawsuit voluntair examination should be careful and cautious. The judge should instruct the defendant to attend and asked for information, although only as a witness and not as opponent. Furthermore, voluntair lawsuit could not be filed due to the passive attitude of the agency or government officials on a request for cancellation of the concrete decisions.]]>
<![CDATA[REFORMULASI PERENCANAAN PEMBANGUNAN NASIONAL MODEL GARIS-GARIS BESAR HALUAN NEGARA ]]>
<![CDATA[Ade Kosasih]]>
<![CDATA[ JURNAL ILMIAH MIZANI: Wacana Hukum, Ekonomi, dan Keagamaan Vol 6, No 1 (2019) ]]>
Publisher : <![CDATA[Fakultas Syariah UINFAS Bengkulu ]]>
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DOI: 10.29300/mzn.v6i1.2207
<![CDATA[The inability of the national long-term development plan (RPJPN) to consolidate different programs between one President and the next President, results in unsustainable development plans. So there is a desire to revitalize the outlines of the state's direction (GBHN) as a guide to national development that was once able to integrate national development planning in the past. Therefore, it is necessary to reform the GBHN, because the concept of GBHN in the past is not necessarily relevant to the current state administration system, especially the implications of the GBHN on the authority of the MPR. The future GBHN systematics will be followed up with the RPJM and the regional mid-term development plan (RPJMD) in lieu of the five-year development plan. To strengthen the legality of GBHN as a development planning document, the MPR Decree on GBHN must be interpreted as a fundamental norm, so that if the President deviates from the GBHN, then the President can be impeached. This means that the position and function of the MPR and the Constitutional Court (MK) need to be reconstructed, that is, the MPR is given the authority to submit impeachments and execute MK Decisions related to impeachment of the President in violation of the GBHN, while the Constitutional Court has the authority to examine and adjudicate requests for impeachment. Thus, it is believed that development planning can run in an integrated and sustainable manner.]]>
<![CDATA[HUBUNGAN KEWENANGAN ANTARA DPD DAN DPR MENURUT UUD NRI TAHUN 1945 ]]>
<![CDATA[Ade Kosasih]]>
<![CDATA[ JURNAL ILMIAH MIZANI: Wacana Hukum, Ekonomi, dan Keagamaan Vol 3, No 2 (2016) ]]>
Publisher : <![CDATA[Fakultas Syariah UINFAS Bengkulu ]]>
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DOI: 10.29300/mzn.v3i2.1023
<![CDATA[Through the amandement of UUD 1945, it was estabilished a Regional Refresentataives Council or Senate (DPD) beside the Legislative Council or House of Refresentative (DPR). However, the establishing of DPD less to lead the significant changes, it is caused by the limitation of its authority. The limitation of DPD authority has been regulated be fore in UUD 1945. The limitation of DPD authority in legislative side, DPD is not involved to approve the constitution design (RUU) which is inline with the regional authority eventhough the constitution design proposed by DPD, in funding side DPD only has right to consider, mean while on controlling side, all of it controls must be reforted to DPR to be followed up. The asimetric relationship does not reflect the check and balances system in parliament. It is contradicted with the principle of democracy that recuires the functioning of parliament as the refresentatives institution. If it is happen, can caese arrogant, dominant, and the authority monopoliezed by majority groups in DPR. The regulation of DPD authority in the future can be done through the amandemen of UUD 1945. DPD should be gevin the veto right in legislation, and interppelation right, questionnaire and the state the opinion in controlling side. With these right, it is hoped that DPD can become the counterpart for DPR dan President in the paradigm of check and balances, so DPD can its function as regional refresentative productively for strengthening the principle of regional autonomy.]]>
