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

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (40.218 KB)

Abstract

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

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (774.087 KB) | DOI: 10.31078/jk%x

Abstract

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.
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

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (63.574 KB) | DOI: 10.21776/ub.blj.2017.004.01.05

Abstract

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.
ZINA DAN GERAKAN LGBT: QUO VADIS KEBIJAKAN HUKUM PIDANA (PENAL POLICY) DALAM PENYELAMATAN MORALITAS BANGSA (Anotasi Putusan Mahkamah Konstitusi Nomor 26/PUUXIV/2016) / ADULTERY AND LGBT MOVEMENT: QUO VADIS PENAL POLICY FOR SAVING MORAL NATIONS (Annotation of Constitutional Court Decision Number 26/PUUXIV/2016) Hamidi, Jazim; Hakim, Lukman Nur
Jurnal Hukum dan Peradilan Vol 7, No 2 (2018)
Publisher : Puslitbang Hukum dan Peradilan MARI

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (405.487 KB) | DOI: 10.25216/JHP.7.2.2018.263-278

Abstract

Lesbian, Gay, Biseksual, dan Transgender sudah menjadi sebuah gerakan berbahaya, akan tetapi belum ada norma hukum yang mengatur tentang perilaku asusila tersebut, Pentingnya sanksi terhadap pelaku zina dan LGBT merupakan bentuk ketegasan negara dalam melindungi moral dan ideologi Nusantara dari faham berbahaya, akan tetapi Mahkamah Konstitusi menolak Permohonan tersebut karena pemidanaan pelaku zina, baik strafsoort maupun strafmaat, dan perilaku asusila lesbian, gay, biseksual, dan transgender memerlukan pembentukan norma baru, sehinggga menjadi Kebijakan hukum pidana (Penal policy). Kewenangan tersebut bukan merupakan kewenangan Mahkamah Konstitusi, akan tetapi menjadi hak Pembentuk Undang-Undang yaitu DPR bersama Presiden. Tulisan ini merupakan Anotasi atas Putusan Mahkamah Konstitusi Nomor 26/PUUXIV/2016 yang memberikan penjelasan kepada masyarakat adanya Quo Vadis Kebijakan hukum pidana (Penal policy) dalam putusan Mahkamah Konstitusi tersebut.Lesbian, Gay, Bisexual, and Transgender are becoming a dangerous movement, yet there is no legal norm governing this immoral behavior. The sanctions importance towards adultery and LGBT perpetrators is a form of state assertiveness in the conservation of the moral and ideology from dangerous movement. Meanwhile, the Constitutional Court rejected the request by the argumentation which is that punishment of adultery, both strafsoort and strafmaat, and Lesbian, Gay, Bisexual, and Transgender needs a new norm to a penal policy. The authority is not the authority of the Constitutional Court, but it is the right of the Acting Legislator, namely the House of Representatives together with the President. This paper is an Annotation of Open Law Policy of Constitutional Court Decision 26 / PUUXIV / 2016 that provides an explanation to the public about Quo Vadis of Open law policy in the Constitutional Court decision.
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

Abstract

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.
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

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1943.52 KB) | DOI: 10.46816/jial.v2i2.34

Abstract

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.