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Normative Judicial Analysis of Dissolution of Political Parties Towards Democratic System in Indonesia Rifandy Ritonga
International Conference On Law, Business and Governance (ICon-LBG) Vol 1 (2013): 1st ICon-LBG
Publisher : UBL

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Abstract

The existence of political parties as a manifestation of the freedom of association is needed in a democracy .However , based on existing practices and regulations , political parties turned out to be dissolved . The dissolution of political parties would have to be done based on laws and regulations,procedures , and legal effect of the dissolution of a political party .The problem of this research is the process of dissolution of political parties in the colonial period up to the period of reform in Indonesia and the impact of the dissolution of political parties in Indonesia against the democratic system in Indonesia.This research method is normative, using secondary data obtained from the literature ( library research) , historical studies and data analysis .Dissolution of political parties differ each period, in the period before the reform dissolution of political parties without a clear legal mechanism, unlike the case with the reform era to the present arrangements concerning the dissolution of political parties is clearly stipulated in the Constitution of the Republic of Indonesia Year 1945 , the Article 24C one of the authorities of the Constitutional Court is to decide on the dissolution of political parties , more clearly set out in the judicial procedure in the dissolution of political parties of the Constitutional Court of the Republic of Indonesia Number . 12 of 2008 . Effect of dissolution of political parties into the democratic system in Indonesia did not have an impact on the democratic system that applied in Indonesia. Because dissolution of political parties will only be done if a partyPolitical conflict with the fundamental purpose and the constitutional order . Even more than that on the dissolution of a political party that opposed the aim to protect democracy itself , constitution , national sovereignty , national security and national ideology .Arrangements should political parties in the future will better ensure and protect the freedom of association , assembly , opinion and expression . And its not just the government that granted the privilege to be able to apply for dissolution of political parties , but also citizens are given the same rights to dimiss political parties and threatens harm the state constitution. 
CONSULTATIVE BOARD ROLE OF COUNTRY (BPD) IN MONITORING IMPLEMENTATION OF GOVERNMENT IN THE COUNTRY BY ACT NUMBER 6 OF 2014 CONCERNING THE COUNTRY Rifandy Ritonga; Indah Satria
International Conference On Law, Business and Governance (ICon-LBG) 2016: 3th IConLBG
Publisher : UBL

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Abstract

The country is a unit of community that has boundaries. Authorized to regulate and manage the affairs of government, local community interests and customary rights recognized and respected in the governance system of the Republic of Indonesia. In exercising the authority to regulate and manage their own affairs and interests of local communities. Assigned both central and local government, there must be supervision. Supervising the implementation of the country administration is the most important reason why the Country Consultative Body (BPD) to be formed.
Analisis Pengujian Pengaduan Konstitusional (Constitutional Complaint) pada Mahkamah Kostitusi Indonesia sebagai Salah Satu Upaya Perlindungan Hak-Hak Warga Negara Rifandy Ritonga
KEADILAN PROGRESIF Vol 7, No 1 (2016): Maret
Publisher : Universitas Bandar Lampung (UBL)

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Abstract

Constitutional rights are the rights guaranteed by the Constitution, the Constitution is the fundamental law (fundamental) the constitutional rights as fundamental rights which must be protected. But in this case at the Constitutional Court of Indonesia do not have the means of constitutional complaint (Constitutional Complaint) as an extraordinary legal remedy in defending the constitutional rights of every individual citizen. Constitutional Complaint is a complaint or a lawsuit filed by an individual (citizen) to the court, in this case the Constitutional Court, to an act or omission committed by an institution or public authority that resulted in the violation of the fundamental rights of citizens. Urgency authority to hear Constitutional Complaint in the Constitutional Court of the Republic of Indonesia as an effort to protect the rights of citizens is needed. The granting of the authority to hear Constitutional Complaint in the Constitutional Court of Indonesia was to ensure that there are no loopholes in the law enforcement efforts to protect the constitutional rights of citizens.
Hak Negara untuk Mengontrol Sumber Daya Alam di Indonesia: Review Putusan Mahkamah Konstitusi Rifandy Ritonga; Isharyanto Isharyanto; Rudy Rudy; Aulia Oktarizka Vivi Pusita Sari A.P
As-Siyasi : Journal of Constitutional Law Vol 1, No 2 (2021): As-Siyasi
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (377.076 KB) | DOI: 10.24042/as-siyasi.v1i2.11343

Abstract

This study aims to look at the interpretation and impact of the decisions of the Constitutional Court relating to the review of laws relating to the State's Right to Control in the management of natural resources. This research is a normative legal research using secondary data which includes primary, secondary and tertiary legal materials. The approach used is a statutory approach. The results of the study found that on the one hand it is a guideline for understanding and interpreting Article 33 of the 1945 Constitution which has been amended. On the other hand, from several Judicial Review made by the Constitutional Court, there are legal uncertainties, one of which is the Oil and Gas Law and the Electricity Law. In addition, the lack of uniformity in understanding natural resources in every decision of the Constitutional Court also causes differences in understanding in interpreting Natural Resources to be included in the law.
Analisis Yuridis Sumberdaya Alam dalam Rangka Pembangunan Kawasan Wisata Teluk Kiluan Berbasis Kearifan Lokal Lintje Anna Marpaung; . Ardiansyah; Rifandy Ritonga
KEADILAN PROGRESIF Vol 7, No 2 (2016): September
Publisher : Universitas Bandar Lampung (UBL)

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Abstract

Kiluan Bay is one of the areas that have great potential of tourism in Tanggamus, Lampung province that offers the beauty of a bay with a variety of marine life. The abundance of this potential to the absence of adequate arrangements bebasis tourism development on local wisdom that regulates the legal basis for the development of tourism and the legal basis Conservation of natural resources in the Gulf Kiluan travel.
Pembubaran Partai Politik Terhadap Sistem Demokrasi di Indonesia Rifandy Ritonga
PRANATA HUKUM Vol 10 No 2 (2015): Juli
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v10i2.198

Abstract

The existence of political parties as a form of freedom of association is needed in a democracy. However, based on the existing practices and regulations, political parties turned out to be dissolved. The dissolution of political parties would be done bersadarkan laws and regulations specify the reason, the procedures and the legal consequences dissolution of a political party. The problem in this research is the process of dissolution of political parties in the colonial period up to the period of reform in Indonesia and the impact of dissolution of political parties in Indonesia against the democratic system in Indonesia. Dissolution of political parties each period is different, in the period before the reform dissolution of political parties is done without justice mechanisms are clear, unlike the case with the reform era to the present arrangements regarding the dissolution of political parties is increasingly clearly stipulated in the Constitution of the Republic of Indonesia Year 1945, in Article 24C of one of the authorities of the Constitutional Court is to decide the dissolution of political parties, more clearly set out in the judicial procedure in the dissolution of political parties of the Constitutional Court of the Republic of Indonesia Number. 12, 2008. The effect of dissolution of political parties against the democratic system in Indonesia did not have an impact on the democratic system applied in Indonesia. Due to the dissolution of political parties will only be done if a political party is contrary to the basic objectives and the constitutional order. Even more than in the dissolution of a political party which opposed the goal is to protect democracy itself, constitution, sovereignty, national security and the state ideology.
The Existence of Government Regulation in Liew of Law or Peraturan Pemerintah Pengganti Undang-Undang (Perppu) in Legal Systems of the Republic of Indonesia Rifandy Ritonga
International Multidiciplinary Conference on Social Sciences (IMCoSS) Vol 1 (2015): 3rd IMCoSS 2015
Publisher : Bandar Lampung University

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Abstract

The Government Regulation in Liew of Law (Perppu)for the legal system in the republic of Indonesia which reflects the executive power is used to overcome “the forcing crunch”. It (Perppu) is one of legislations which is based onPancasila and Indonesian Constitutions in 1954 (UUD 1945) as all sources of law and the basic law of the country in legislation, and should be able to be a source of law legislation which is lower . But in practice it is often found that there are still some problems related to existence and function of  the Government Regulation in Liew of Law (Perppu). Therefore, it has to arrange amendment to Act no. 10 of 2004 and Act no. 12 of 2011 on the Establishment Regulation Legislation clarifying in finding solutions, especially  the definition of " the forcing crunch " .
OMNIBUS LAW METHOD IN FORMATION LOCAL REGULATION: METODE OMNIBUS LAW DALAM PEMBENTUKAN PERATURAN DAERAH Aulia Oktarizka Vivi Puspita Sari A.P; Lintje Anna Marpaung; Rifandy Ritonga
Constitutional Law Society Vol. 1 No. 2 (2022): September
Publisher : Center for Constitutional and Legislative Studies University of Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (505.442 KB) | DOI: 10.36448/cls.v1i2.36

Abstract

-Based on the provisions of Law Number 13 of 2022 concerning the Second Amendment to Law Number 12 of 2011 concerning the Formation of Legislation that the omnibus law method is carried out in the planning process contained in the Regional Regulation Formation Program. The functions of regional regulations are: first, to carry out regional autonomy and co-administration, and secondly to accommodate special regional conditions and thirdly as an instrument for elaborating higher laws and regulations. Then the authority to form Regional Regulations is in the hands of Regional Governments, Regional Governments include Regional Governments. Research problems discuss the omnibus law method in forming regional regulations and the inhibiting factors of the omnibus law method in forming regional regulations. The research method uses a normative and empirical juridical approach. The results of the research on drafting laws and regulations using the omnibus law method use the process of forming laws and regulations which include the stages of planning, drafting, discussing, validating/stipulating, enacting and disseminating. And the inhibiting factor for the omnibus law method in the formation of the first regional regulations was the lack of competent drafters of laws and regulations in drafting regional laws and regulations. Second, there are no implementing regulations governing the procedures for establishing regional regulations using the omnibus law method. And third, there is no obligation for regions to use the omnibus law method in forming regional regulations.