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All Journal Brawijaya Law Journal : Journal of Legal Studies Jurnal Hukum IUS QUIA IUSTUM Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Jurnal Konstitusi Sociological Jurisprudence Journal JIAL (Journal of Indonesian Adat Law)

Jazim Hamidi

Universitas Brawijaya

Author-ID : 273575

Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

Published : 7 Documents Claim Missing Document

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Articles

PHILOSOPHICAL VALIDITY, THEORETICAL, NORMATIVE AND EMPIRICAL PARADIGM OF GENERAL PRINCIPLES OF GOOD GOVERNANCE (AUPB) AS A REVIEW OF PRESIDENTIAL IMPEACHMENT Nadir, Nadir; Soedarsono, Soedarsono; Hamidi, Jazim; Syafaat, Muchamad Ali
Brawijaya Law Journal Vol 4, No 1 (2017): Constitutional Issues and Indigenous Rights
Publisher : Faculty of Law, Universitas Brawijaya

Philosophical validity showed of the Principles of Good Governance (AUPB) as A review to Presidential impeachment, is a principle of AUPB that contains ethical normative values used as the foundation of good governance, clean and respectable, moreover to complement the shortcomings and ambiguities in law. Technically, the application of AUPB by the judges of the Constitutional Court (MK-RI) can be approached through induction and deduction legal reasoning. The method of implementing AUPB by the judges of the Constitutional Court (MK-RI) is accomplished by deductive at first, meaning that the special rules is focused more to the certain field of law, then these are deducted based on its basic rules and deducted again into the rules of substantive, and deducted again into the rules of cases. After that, it starts to applicate the rules of case based on the concrete case by the judge, because of the nature of the judges of the Constitutional Court (MK-RI) is kholifah filardi as the representative of God on earth to uphold the law and justice. While theoretically AUPB is valid, the judge ius curia Novit as a verdict maker to perform legal discovery (rechtsvinding). Empirically AUPB is valid, it can be seen from the cases of impeachment against the President of the United States William Jefferson Clinton, on suspicion of "abominably act" (misdemeanors). Additionally, AUPB empirically has been tested through jurisprudence since Amtenarenwet 1929 officially applied on March 1, 1933. Centrale Raad van Beroep, in his verdict on June 22, 1933, and the jurisprudence verdict of Hoge Raad on November 13, 1936, and the jurisprudence verdict of Hoge Raad 1919. While the normative validity is based on the leading legal doctrine, that AUPB is positioned as the unwritten laws that must be obeyed by the government, and AUPB considered as a part of positive law. Moreover, in Indonesia AUPB incarnates in various legislations even though his name is remained as principal.

The Role of Cultural Aspect of Pesarean on the Regulation Formation in Wonosari Village of Gunung Kawi Hamidi, Jazim; Subratayuda, M Gatot; Falah, M Fajrul
Sociological Jurisprudence Journal Vol 1, No 1 (2018)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.1.1.427.14-18

This article discusses how the role of cultural aspects influences the formation of regulation in Wonosari Village Gunung Kawi, Malang Regency. In accordance with the issues raised, this study uses empirical juridical method and the theory of legal harmonization and legal pluralism as a tool for analysis. The conclusions of this research are; (1) Culture has an important role in the formation of law. Culture makes the law work well in the community. (2) The Pesarean region of Gunung Kawi is currently undergoing a transformation from traditional values ââto modern values. (3) Therefore the urgency now is to create harmonization and unification between culture and formal law. Furthermore the authors advise the government to always consider cultural values ââin the framework of the formation of village regulations.

Constitutional Question (Antara Realitas Politik dan Implementasi Hukumnya) Hamidi, Jazim; Lutfi, Mustafa
Jurnal Konstitusi Vol 7, No 1 (2010)
Publisher : Mahkamah Konstitusi Republik Indonesia

The emergence of political and constitutional law discourses, side by side with the growth of democracy in Indonesia, is developing progressively and dynamically. In reality, this nation is under great tests which determine whether the state is still holding its constitutional commitment on upholding the rule of law. In the other side, the face of law enforcement in this state is under an immense storm of urgent issues that need immediate solution which is: can this state provide “justice” unto all of its citizens? This issue is a huge homework for all the nation’s elements in the future.The establishment of the Constitutional Court which regulated in the 1945 Constitution surely related to the constitutional reformation which deemed as a necessity and an important agenda that should be applied fundamentally. The existence of the Constitutional Court in the constitutional system of the Republic of Indonesia simultaneously casting new hopes for any justice-seekers. The surfacing question now is will the Constitutional Court capable in faithfully guarding the democracy and fair constitutionality in the verge of society that has already loose confidence towards justice institution? This simple and short writing attempts to study and discuss on constitutional question, including on how its political reality and its legal implementation in Indonesia, and also a slight hope of this writing in enriching the references for any justice-lovers in this nation.

Penyelesaian Sengketa pada Suku Osing Al Arif F, M. Noor Fajar; Hamidi, Jazim; APHA, Journal Manager
Jurnal Hukum Adat Indonesia Vol 2 No 2 (2018): Journal of Indonesian Adat Law (JIAL)
Publisher : Asosiasi Pengajar Hukum Adat (APHA) Indonesia, Fakultas Hukum Universitas Trisakti - Jakarta Barat, Indonesia

This study aims to describe the legal phenomena and ways of resolving disputes in the Osing Tribe. The Osing tribe is a tribe that has adapted to technology and modern life. This research is included in the type of qualitative research that is descriptive in nature. The type of research description used is the survey method. In collecting data, a dialogic interview method is used. Interviews were conducted informally on 3 (three) people who were considered to be aware of the latest problems and the Osing Tribe consensus to be studied. The results of this study show that the osing tribe lives in harmony, side by side and still maintains its customary law. The Osing tribe even though it has interacted with technology and the modern world but in resolving disputes / disputes prioritizes customary law compared to state law. The dispute resolution in the Osing Tribe seems not well organized in terms of institutions. Therefore the Osing Tribe should restore the function of the Kemiren Osing Community Institution (LAMUK) not only as a consultation institution to carry out rituals but also as a dispute settlement institution because the functioning of LAMUK will be one of the characteristics of the Osing Tribe in the legal sphere.

Paradigma Baru Pembentukan dan Analisis Peraturan Daerah (Studi Atas Perda Pelayanan Publik dan Perda Keterbukaan Informasi Publik) Jazim Hamidi
Jurnal Hukum IUS QUIA IUSTUM Vol. 18 No. 3 (2011)
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol18.iss3.art3

Reformation in 2008 has changed the state paradigm of Indonesia from centralistic into decentralized government by widely implementing the autonomy concept. This change has also brought the influence in establishment and analysis of Local Regulation based on the concepts of Rocippi, Fish Bone, or RIA that are representative of the old paradigm to the new one that is the concept of SDER (Sustainable, Development, and Engineering Regulation). This research applies the judicial-normative method through a regulation approach. Meanwhile, the analysis method used to solve the existing legal issues is the qualitative-judicial method. The result of the research on two PERDA (the Local Regulations) - which is about Public Service and Openness of Public Information – concludes that by implementing the concept of SDER, the paradigm in establishment of both the State Oriented Local Regulation and civilized oriented Local Regulation could be turned into the Integrated Local Regulation; namely State and Civilized Integrated Oriented Local Regulation. The legal implication of this concept is that the Program of Local Legislation must be oriented to the struggle of the local regulation reform that can prosper the people.

URGENSITAS MAHKAMAH KONSTITUSI MENGELUARKAN FATWA HUKUM DALAM PEMBENTUKAN UNDANG-UNDANG Achmad Safiudin R; Jazim Hamidi; Tunggul Anshari
Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Vol 3, No 2 (2018): Desember 2018
Publisher : Universitas Negeri Malang

Writing this scientific article discusses the urgency of the Mahkamaha Constitution to issue a legal fatwa in the formulation of laws. Based on the idea that the making of laws which constitute the rules of implementing the constitution, constitutional questions are not impossible to emerge at the time of the formation of laws by state legislatures, because the norms of constitutional material are abstract in nature. Therefore an alternative effort is needed, namely the submission of questions to the Constitutional Court regarding the norms of the articles of the Constitution, which relate to the laws to be made / form. Through these questions, a fatwa or legal consideration was issued from the Constitutional Court, so that the DPR and the President did not appear different interpretations in fulfilling the original intent of the constitution and meeting the constitutional rights of citizens. The writing of scientific articles uses empirical juridical research methods. The results of this scientific article are the legal fatwa of the Constitutional Court as the theoretical implications of the authority to examine the constitutionality of laws against the 1945 Constitution of the Republic of Indonesia can be based on a commitment to prevent acts of state administration which are not in accordance with the constitution as the highest state law. In addition, constitutional testing of the draft law through interpretation of the constitution constitutes control between state institutions (cheks and balances) to realize the ideals of a democratic legal state that prioritizes constitutional supremacy.

The Role of Cultural Aspect of Pesarean on the Regulation Formation in Wonosari Village of Gunung Kawi Jazim Hamidi; M Gatot Subratayuda; M Fajrul Falah
Sociological Jurisprudence Journal Vol. 1 No. 1 (2018)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.1.1.427.14-18

This article discusses how the role of cultural aspects influences the formation of regulation in Wonosari Village Gunung Kawi, Malang Regency. In accordance with the issues raised, this study uses empirical juridical method and the theory of legal harmonization and legal pluralism as a tool for analysis. The conclusions of this research are; (1) Culture has an important role in the formation of law. Culture makes the law work well in the community. (2) The Pesarean region of Gunung Kawi is currently undergoing a transformation from traditional values to modern values. (3) Therefore the urgency now is to create harmonization and unification between culture and formal law. Furthermore the authors advise the government to always consider cultural values in the framework of the formation of village regulations.

Co-Authors Achmad Safiudin R Al Arif F, M. Noor Fajar Anshari, Tunggul APHA, Journal Manager Falah, M Fajrul Hakim, Lukman Nur M Fajrul Falah M Gatot Subratayuda Mustafa Lutfi Nadir Nadir, Nadir R, Achmad Safiudin Soedarsono Soedarsono Subratayuda, M Gatot Syafaat, Muchamad Ali Tunggul Ansari Setia Negara

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