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All Journal Masalah-Masalah Hukum Jurnal Dinamika Hukum UIR LAW REVIEW Nagari Law Review Unes Law Review Jurnal Legislasi Indonesia University Of Bengkulu Law Journal Unnes Law Journal Jurnal Surya Kencana Dua: Dinamika Masalah Hukum & Keadilan Warta Pengabdian Andalas: Jurnal Ilmiah Pengembangan Dan Penerapan Ipteks UNES Journal of Swara Justisia Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP) Journal of Law, Poliitic and Humanities Jurnal Hukum dan Peradilan Riau Law Journal
Delfina Gusman
Andalas University
Humanities Computer Science & IT Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Medicine & Pharmacology Physics Public Health Social Sciences Other

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Journal : Nagari Law Review

 1 
Moralitas Omnibus Law Undang-Undang Cipta Kerja Dalam Rangka Pemenuhan Kebutuhan Hukum Masyarakat Delfina Gusman
Nagari Law Review Vol 4 No 2 (2021): Nagari Law Review
Publisher : Faculty of Law, Andalas University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/nalrev.v.4.i.2.p.200-209.2021

Abstract

Fulfilling the legal needs of the community is one of the legal materials regulated in Article 10 paragraph 1 of law number 12 of 2011 concerning the formation of statutory regulations. However, there are unclear parameters or characteristics of community law compliance. This has resulted in the emergence of laws that do not meet the legal needs of the community. For example, The Law Of Cipta Kerja. There are many legal problems in this law, both in the process of formation and in substance. When linked with the principles of morality, several articles in this law violate these principles. One of them is moral principle that serve as an ethical foundation in the formation of law, especially the value of justice for all people.
Mengkaji Ulang Gagasan Pengadilan Khusus Pemilihan Umum di Indonesia Delfina Gusman
Nagari Law Review Vol 3 No 2 (2020): Nagari Law Review
Publisher : Faculty of Law, Andalas University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (416.993 KB) | DOI: 10.25077/nalrev.v.3.i.2.p.70-83.2020

Abstract

General elections are a means of democracy to elect leaders who will carry out the wheels of government for a certain period of time, through legitimate power transfer procedures by involving public participation. Elections are the crystallization of popular sovereignty in procedural mechanisms. But often in the implementation of procedural democracy this is followed by fraudulent actions that tarnish the true nature of democracy (substantial democracy). Therefore, we need a law enforcement agency for every action that can damage the essential meaning of democracy and elections in Indonesia. The idea of a special court emerged as an alternative to electoral dispute resolution in the study of Indonesian constitutional law, however this idea needs to be discussed in more depth from various aspects to see its relevance to the Indonesian constitutional system, given that long before there was the idea of a special election court, Indonesia already had a number of institutions that given a mandate and authority to resolve disputes related to elections. This paper uses normative juridical methods in its study and is supported by secondary data in the form of primary, secondary and tertiary legal materials. The analysis used is qualitative analysis. The results of the study revealed that the idea of establishing an electoral special court was the idea of state administration which emerged amidst the struggle to substantially improve the quality of democracy. However, in its formation, it does not only require clear legal politics, but also requires a holistic study of the mechanism and flow of resolution and models of electoral dispute resolution. The parameter that needs to be used in examining the idea of a special electoral court is to measure the extent and importance of elections for Indonesian democracy. because the more important the meaning of the election is the presence of special election court more worthy of consideration
Constitutional Design of Strengthening DPR Role in Forming, Changing, and Dissolving State Ministries in the Constitutional Views Purwaningdyah Murti Wahyuni; M Jeffry Arlinandes Chandra; Ari Wirya Dinata; Beni Kurnia Illahi; Delfina Gusman
Nagari Law Review Vol 6 No 2 (2023): Nagari Law Review
Publisher : Faculty of Law, Andalas University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/nalrev.v.6.i.2.p.102-119.2023

Abstract

As a country that maintains a presidential system of government, it is essential to concentrate on creating the framework and structure of government. This is closely tied to the establishment, evolution, and dissolution of such institutions. As a consequence, the President and the DPR will be capable of determining responsive and constitutional legal politics. This legal policy study focuses on how the growth and regulation of state ministries and state institutions were connected to the constitutional system's establishment, modification, and dissolution. Second, how can legal politics address this in a manner that seems to be constitutional? The objective of this study is to assess the arrangements pertaining to the formation, alteration, and dissolution of ministries and state institutions under the constitutional system in order to define the ideal political legislation.This research uses normative legal research methods with descriptive research specifications and is analyzed through library research and data analysis methods using juridical-qualitative. The results of the research and discussion in this study include: First, the arrangements regarding the formation, modification, and dissolution of ministries and state institutions do not yet have a clear legal basis so that the President as the holder of power, is irregular in issuing his policies. Second, the legal politics that was initiated wanted the Government and the DPR to be more synergized in terms of drafting legal considerations and normalizing them based on statutory regulations and principles in a presidential system of government.
Public Participation In Legislation (Legal Comparation Studies In Indonesia, South Africa, And United State) Delfina Gusman; Yunita Syofyan
Nagari Law Review Vol 6 No 2 (2023): Nagari Law Review
Publisher : Faculty of Law, Andalas University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/nalrev.v.6.i.2.p.133-145.2023

Abstract

Community participation and the legal needs of the community are inherent in the process of forming laws. In fact, these two elements are manifestations and crystallizations of the ideal idea of ​​democracy. In a democracy, public participation is a condition sine qua non. Without public participation in the process of making laws, it will only result in authoritarian regulations and bias against the true meaning of democracy. So that it will result in the formation of laws that are not sourced from the soul and legal needs of the community (volkgeist). The method in this study uses legal research methods with a qualitative approach in the form of normative legal studies and (normative legal studies), where the type of research is descriptive analytical research. In addition, the approach used is a comparative approach (comparison), a historical approach, an institutional approach and a futuristic approach. Community participation in the formation of laws in Indonesia, South Africa and the United States has already started. Although public participation in law-making has some constraints such as slowdown in the legislative process and budgetary requirements, it brings more benefits to the government and society. However, the legitimacy of the process, the issue of justice, also creates better regulations and ultimately creates a stronger quality of democracy so that there is no doubt that public participation is an important part of the legislative process.
Menguji Kenegarawanan Hakim Konstitusi Melalui Putusan Mahkamah Konstitusi Nomor 90/PUU-XXI/2023 Delfina Gusman
Nagari Law Review Vol 7 No 2 (2023): Nagari Law Review
Publisher : Faculty of Law, Andalas University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/nalrev.v.7.i.2.p.430-439.2023

Abstract

Constitutional Justice Saldi Isra's confusion in expressing a different opinion (dissenting opinion) regarding the ruling of the Constitutional Court Number 90/PUU-XXI/2023, opening up public space to question the material aspects of the decision. According to Saldi Isra, the substance of the petition in Case Number 90/PUU-XXI/2023 is simple and clearly visible.opened legal policyIn fact, it was taken over and used as a "political burden" for the Court to decide. The results of the research explain that first, the mechanism for filling the position of Constitutional Judge greatly determines the statesmanship qualifications of Constitutional Judges, the involvement of state institutions as institutions proposing Constitutional Judges. Second, to create Constitutional Judges who master the constitution and state administration and have integrity and personality that is beyond reproach and are fair, it is necessary to make changes to the mechanism for filling the positions of Constitutional Judges in order to create a mechanism that reflects the independence of their election.
Co-Authors Alsyam Alsyam Andi Nova Anton Rosari Arfiani Arfiani Ari Wirya Dinata Arya Putra Rizal Pratama Arya Putra Rizal Pratama Beni Kurnia Illahi Borry, Marryo Henny Andriani and Siti Aisyah Ginting M Jeffry Arlinandes Chandra Marryo Borry Marryo Borry WD Nazmi, Didi Pascoal da Costa Oliveira Purwaningdyah Murti Wahyuni Simabura, Charles Sri Arnetti Yunita Syofyan Zimtya Zora