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MENGGALI NILAI-NILAI KEBANGSAAN DALAM PANCASILA SEBAGAI GROUNDNORM NEGARA KESATUAN REPUBLIK INDONESIA Mahardika, Ahmad Gelora
Ahkam: Jurnal Hukum Islam Vol 6, No 2 (2018)
Publisher : IAIN Tulungagung

The states value is based on the norm in the state of life. Pancasila (five principles) as the supreme legacy of the founding fathers is a groundnorm which is equal to life, liberty and the pursuit of the happiness which was created by USA founders or liberty, and is equal to egality and fraternity whichÂ was created by France philosophers. But, years after years, regime to regime, Pancasila becomes more difficult to be understood. Even, Pancasila often becomes the tools for the status quo to run his authority. Pancasila as an abstract norm, can only be interpreted by the authority. By watching and observing the office of government, the writer hopes to find the states value hidden in the Pancasila.Keywords: Values, states, Pancasila, authority

POLITIK HUKUM PENERAPAN OVERSEAS CITIZENSHIP OF INDIA (OCI) DALAM SISTEM KETATANEGARAAN INDONESIA Mahardika, Ahmad Gelora
Legality : Jurnal Ilmiah Hukum Vol 27, No 2 (2019): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

The idea of implementing a dual citizenship system in Indonesia which was initiated by the Indonesian Diaspora was directed towards imitating the Overseas Citizenship Of India (OCI)Â concept in India. The concept is considered a middle way between the demands of the Indian Diaspora and the reluctance of the Indian Government to amend the constitution regarding the principle of single citizenship. Indonesia also currently applies a single citizenship principle even though it is not regulated in the constitution. The idea of an Indonesian diaspora to emulate the OCI concept in India looks very rational, except that the problem is the extent to which the concept is applicable in the Indonesian constitutional system. What rules must be changed and which provisions must adjust. Implications of the application of OCI can be the same as dual citizenship, because the theory used is a residual theory where, apart from the prescribed restrictions, OCI card holders must be considered equal to Indonesian citizens. This concept has the potential to create legal complexity if there is a legal difference between Indonesia and other countries.

THE CONSTITUTIONAL DESIGN OF APPLICATION OF OVERSEAS CITIZENSHIP OF INDIA (OCI) IN THE INDONESIA CONSTITUTIONAL LAW SYSTEM Mahardika, Ahmad Gelora
Veteran Law Review Vol 2, No 2 (2019): November 2019
Publisher : Faculty of Law, Pembangunan Nasional Veteran Jakarta University

The idea of implementing a dual citizenship system in Indonesia which was initiated by the Indonesian Diaspora was directed towards imitating the Overseas Citizenship Of India (OCI) concept in India. The concept is considered a middle way between the demands of the Indian Diaspora and the reluctance of the Indian Government to amend the constitution regarding the principle of single citizenship. Indonesia also currently applies a single citizenship principle even though it is not regulated in the constitution. The idea of an Indonesian diaspora to emulate the OCI concept in India looks very rational, except that the problem is the extent to which the concept is applicable in the Indonesian constitutional system. What rules must be changed and which provisions must adjust. Implications of the application of OCI can be the same as dual citizenship, because the theory used is a residual theory where, apart from the prescribed restrictions, OCI card holders must be considered equal to Indonesian citizens. This concept has the potential to create legal complexity if there is a legal difference between Indonesia and other countries.

THE CONSTITUTIONAL DESIGN OF APPLICATION OF OVERSEAS CITIZENSHIP OF INDIA (OCI) IN THE INDONESIA CONSTITUTIONAL LAW SYSTEM Mahardika, Ahmad Gelora
Veteran Law Review Vol 2, No 2 (2019): November 2019
Publisher : Faculty of Law, Pembangunan Nasional Veteran Jakarta University

The idea of implementing a dual citizenship system in Indonesia which was initiated by the Indonesian Diaspora was directed towards imitating the Overseas Citizenship Of India (OCI) concept in India. The concept is considered a middle way between the demands of the Indian Diaspora and the reluctance of the Indian Government to amend the constitution regarding the principle of single citizenship. Indonesia also currently applies a single citizenship principle even though it is not regulated in the constitution. The idea of an Indonesian diaspora to emulate the OCI concept in India looks very rational, except that the problem is the extent to which the concept is applicable in the Indonesian constitutional system. What rules must be changed and which provisions must adjust. Implications of the application of OCI can be the same as dual citizenship, because the theory used is a residual theory where, apart from the prescribed restrictions, OCI card holders must be considered equal to Indonesian citizens. This concept has the potential to create legal complexity if there is a legal difference between Indonesia and other countries.

MENGGALI NILAI-NILAI KEBANGSAAN DALAM PANCASILA SEBAGAI GROUNDNORM NEGARA KESATUAN REPUBLIK INDONESIA Mahardika, Ahmad Gelora
Ahkam: Jurnal Hukum Islam Vol 6 No 2 (2018)
Publisher : IAIN Tulungagung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21274/ahkam.2018.6.2.267-292

The states value is based on the norm in the state of life. Pancasila (five principles) as the supreme legacy of the founding fathers is a groundnorm which is equal to life, liberty and the pursuit of the happiness which was created by USA founders or liberty, and is equal to egality and fraternity which was created by France philosophers. But, years after years, regime to regime, Pancasila becomes more difficult to be understood. Even, Pancasila often becomes the tools for the status quo to run his authority. Pancasila as an abstract norm, can only be interpreted by the authority. By watching and observing the office of government, the writer hopes to find the states value hidden in the Pancasila.Keywords: Values, states, Pancasila, authority

Implikasi Omnibus Law Terhadap Hak Konstitusional Atas Lingkungan Hidup Yang Sehat Ahmad Gelora Mahardika
Jurnal Konstitusi Vol 18, No 1 (2021)
Publisher : The Constitutional Court of the Republic of Indonesia

One of the goals of the formation of the omnibus law is to increase the index of ease of doing business in Indonesia, which is currently far behind other countries. One effort that was then carried out by the government was to cut down a number of permits, one of which was an environmental permit, namely the obligation to complete EIA and UKL-UPL documents. However, this regulation is actually contradictory to the spirit of sustainable development (SDGs) which development must be in line with environmental protection. The action also has the potential to violate Article 28H paragraph (1) of the 1945 Constitution which requires the state to ensure the protection of citizens' constitutional rights to a clean and healthy environment. Especially in countries that have the highest business ease indexes, such as Denmark, South Korea and the United States, the issuance of EIA documents is mandatory and is carried out strictly. Therefore this article will try to look at the implications of the omnibus law for citizens' constitutional rights to a clean and healthy environment.

Urgensi Revisi Peraturan Pemerintah Pengganti Undang-Undang Nomor 23 Tahun 1959 Sebagai Kontekstualisasi Iklim Demokrasi Ahmad Gelora Mahardika
Justitia Jurnal Hukum Vol 4, No 2 (2020): Justitia Jurnal Hukum
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justitia.v4i2.5362

Article 12 of the 1945 Constitution of the Republic of Indonesia states that the President has the authority to determine state of emergency, meanwhile the emergency requirements are determined by law. In the Indonesian legal system, the only regulation issued in emergency situation is in lieu of law Number 23 of 1959. The lieu of law was issued by the President in an unstable condition, namely a change of the constitution from the 1950 Constitution to the 1945 Constitution. testing by the House of Representatives, whereas the testing of the lieu of law is a requirement determined in Article 22 of the 1945 Constitution. In addition to these factors, in lieu of law No. 23 of 1959 is also material which is often opposed to democratic values. Therefore, revision of in lieu of law Number 23 of 1959 is needed, because in lieu of law Number 23 of 1959 has not fulfilled the requirements in accordance with the current requirements. The research method used in this article is normative juridical. The conclusion in this article is in lieu of law No. 23 of 1959 needs to be immediately revised as a contextualist welfare of democracy.

Ultra Vires Kewenangan Kemenkumham sebagai Pengadilan Non-Litigasi dalam Sistem Ketatanegaraan Indonesia Ahmad Gelora Mahardika
Ajudikasi : Jurnal Ilmu Hukum Vol. 3 No. 1 (2019): Ajudikasi : Jurnal Ilmu Hukum
Publisher : Universitas Serang Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30656/ajudikasi.v3i1.1092

The decision of the Constitutional Court Number 56 / PUU-XIV / 2016 revoked the permit for the Government to request a Regional Regulation and hand over the authority to the Supreme Court. However, the Government through the Ministry of Law and Human Rights then issued Regulation of the Minister of Law and Human Rights No. 32 of 2017 concerning Procedures for Settling Disputes in Legislation through the Non-litigation Path which in principle provided permits to support the Directorate General of Regulation. Initially this authority did not exist in the Minister of Law and Human Rights Regulation of the Republic of Indonesia Number 29 of 2015 concerning Organization and Work Procedure of the Ministry of Law and Human Rights of the Republic of Indonesia, but then the authority was regulated in Republic of Indonesia Minister of Law and Human Rights Regulation Number 24 Year 2018 Regarding the Third Amendment to the Regulation of the Minister of Law and Human Rights Number 29 of 2015 concerning the Organization and Work Procedure of the Ministry of Law and Human Rights of the Republic of Indonesia. Besides inconstitutional, after being approved, it was also stipulated by law, this authority was also previously owned.

The Officer Compliance of Interlocutory Decisions of The Administrative Court (The Study of Golkar Party and Persatuan Pembangunan Party) Ahmad Gelora Mahardika
Ajudikasi : Jurnal Ilmu Hukum Vol. 4 No. 1 (2020): Ajudikasi : Jurnal Ilmu Hukum
Publisher : Universitas Serang Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30656/ajudikasi.v4i1.1604

This study aims to examine and find out how to determine the postponement of the State Administrative Court related to Political Parties, as well as to evaluate the Government's compliance with the Court's Decision even though the decision was in the form of a decision. The focus of this research is related to the government's attitude towards the determination of the delay issued by the Jakarta Administrative Court to the Decree of the Minister of Law and Human Rights related to the management of the United Development Party and the Golkar Party. The research method in this article is normative juridical using the legislative approach and looking at case studies in the United Development Party and the Golkar Party. The conclusion in this article is that the adjournment of the administrative court adjournment is not effective, especially those related to internal political party disputes.

Potensi Penyimpangan Hukum Dalam Peraturan Pemerintah Pengganti Undang-Undang Nomor 1 Tahun 2020 Ahmad Gelora Mahardika
Jurnal Hukum IUS QUIA IUSTUM Vol. 27 No. 2: MEI 2020
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol27.iss2.art3

The development of the Corona Virus Disease-2019 (Covid-2019) was followed-up by the Government by issuing a Government Regulation in lieu of Law Number 1 of 2020 (Perpu Number 1 of 2020). The formulation of the problem to be answered in this research is what is the potential for legal irregularities in Government Regulation in lieu of Law Number 1 Year 2020? The research method used is normative juridical with a statutory approach. The results show that there is a potential for legal irregularities in this Perpu. The deviation in the form of a Perppu contradicts a number of Articles in the Legislation. These violations have the potential to give rise to legal uncertainty, because the Perpu is only temporary, namely until the completion of the Covid-19 pandemic outbreak phenomenon which cannot be ascertained when it will end. On the other hand, this Perpu provides enormous powers for a number of officials to take preventive measures that do not correlate directly with the Covid-19 pandemic problem, one of which is liquidity assistance to banks that are both systemically and non-systemically affected. In addition, all officials are given the right to immunity not to be prosecuted both criminal and civil and the decisions issued are not the object of the PTUN dispute, meaning that there is no checks and balances mechanism in the government. Thus, the suggestion given is to revise this Perpu.

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