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All Journal Sosiohumaniora Jurnal Legislasi Indonesia Metahumaniora AL IMARAH : JURNAL PEMERINTAHAN DAN POLITIK ISLAM Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan Loa : Jurnal Ketatabahasaan dan Kesusastraan Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences Midang

Ade Kosasih

Institut Agama Islam Negeri (IAIN) Bengkulu

Author-ID : 1407115

Religion Arts Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

Published : 17 Documents Claim Missing Document

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PENYELESAIAN SENGKETA KEPEGAWAIAN AKIBAT PENJATUHAN HUKUMAN DISIPLIN Ade Kosasih
JURNAL ILMIAH MIZANI: Wacana Hukum, Ekonomi, dan Keagamaan Vol 4, No 2 (2017)
Publisher : Fakultas Syariah UINFAS Bengkulu

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.

ANALISA KRITIS GUGATAN VOLUNTAIR TERHADAP PRAKTIK MALADMINISTRASI DI BIDANG PELAYANAN PUBLIK Ade Kosasih
JURNAL ILMIAH MIZANI: Wacana Hukum, Ekonomi, dan Keagamaan Vol 3, No 1 (2016)
Publisher : Fakultas Syariah UINFAS Bengkulu

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.

REFORMULASI PERENCANAAN PEMBANGUNAN NASIONAL MODEL GARIS-GARIS BESAR HALUAN NEGARA Ade Kosasih
JURNAL ILMIAH MIZANI: Wacana Hukum, Ekonomi, dan Keagamaan Vol 6, No 1 (2019)
Publisher : Fakultas Syariah UINFAS Bengkulu

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.

HUBUNGAN KEWENANGAN ANTARA DPD DAN DPR MENURUT UUD NRI TAHUN 1945 Ade Kosasih
JURNAL ILMIAH MIZANI: Wacana Hukum, Ekonomi, dan Keagamaan Vol 3, No 2 (2016)
Publisher : Fakultas Syariah UINFAS Bengkulu

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.

Co-Authors A Majid Ali Ayu Septiani Budi Gustaman Dade Mahzuni Eko Wahyu Koeshandoyo Etty Saringendyanti Evi Fuji Fauziyah Kunto Sofianto M Jeffri Arlinandes Chandra Masril Masril Masril Masril Mezi Nikmat Rofi Wahanisa Sutiono Mahdi syaifuddin syaifuddin Tb. Ace Fahrullah Tb. Ace Fahrullah Widyo Nugrahanto Yani Rohmayani

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