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All Journal Jurnal Media Hukum JPPI (Jurnal Penelitian Pendidikan Indonesia) Media Iuris INNOVATION RESEARCH JOURNAL Yuridika Jurnal Penelitian Pendidikan Indonesia
Sukardi Sukardi
Fakultas Hukum Universitas Airlangga
Religion Humanities Economics, Econometrics & Finance Education Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Other

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Journal : Yuridika

 1 
PENDELEGASIAN PENGATURAN OLEH UNDANG-UNDANG KEPADA PERATURAN YANG LEBIH RENDAH DAN AKIBAT HUKUMNYA Sukardi Sukardi; Ekawestri Prajwalita Widiati
Yuridika Vol. 25 No. 2 (2010): Volume 25 Nomor 2 Mei 2010
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (362.037 KB) | DOI: 10.20473/ydk.v25i2.249

Abstract

Act is an essential instrument in the rule of law. As the basic for governmental regulation, the accuracy and legality of its drafting process should be placed as the main concern. This article examines such models of delegated legislation. In severe legislation product, some problems regarding the mistaken in the delegation process was still founded. This article recommends the importancy of limiting substance for each level of regulation to avoid redundancy. Regulation synchronization is needed in order to avoid inefficiency and reach the maximum aim of what the regulations is made for.
PENDELEGASIAN PENGATURAN OLEH UNDANG-UNDANG KEPADA PERATURAN YANG LEBIH RENDAH DAN AKIBAT HUKUMNYA Sukardi Sukardi; E. Prajwalita Widiati
Yuridika Vol. 27 No. 2 (2012): Volume 27 No 2 Mei 2012
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (99.912 KB) | DOI: 10.20473/ydk.v27i2.293

Abstract

Act is an essential instrument in the rule of law. As the basic for governmental regulation, the accuracy and legality of its drafting process should be placed as the main concern. This article examines such models of delegated legislation. In severe legislation product, some problems regarding the mistaken in the delegation process was still founded. This article recommends the importancy of limiting substance for each level of regulation to avoid redundancy. Regulation synchronization is needed in order to avoid inefficiency and reach the maximum aim of what the regulations made for. 
KEKOSONGAN HUKUM JASA USAHA KEPELABUHAN AKIBAT PEMBATASAN OBYEK RETRIBUSI DAERAH Sukardi ,; Dri Utari Christina Rahmawati
Yuridika Vol. 29 No. 1 (2014): Volume 29 No 1 Januari 2014
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (122.958 KB) | DOI: 10.20473/ydk.v29i1.362

Abstract

Local autonomy based on the Act No. 22 Year 1999 about Local Autonomy (amended by the Act No. 32 Year 2004 about Local Governance) has delivered broad autonomy to local governance to add its local revenue through cllection, local tax and local retribution. The impementation of local autonomy should be in the line with the unitary state of Indnesia as attached in the Constitution 1945 and other supporting rules in legislation. The formation of Local Procedures by Local Governance should not only partially benefit local governance but also they need pay attention to their functions in public services. Retribution withdrawal by Gresik Regency towards 8 ports for own interests should be based on the hierarchy of the regulations. It means that in the art of the Local Rules should not be contrary to the higher rules.Keywords: local autonomy, retriution, local rules, public service.
JUDICIAL ACTIVISM OR SELF-RESTRAINT : SOME INSIGHT INTO THE INDONESIAN CONSTITUTIONAL COURT Radian Salman; Sukardi Sukardi; Mohammad Syaiful Aris
Yuridika Vol. 33 No. 1 (2018): Volume 33 No 1 January 2018
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (318.101 KB) | DOI: 10.20473/ydk.v33i1.7279

Abstract

The Constitutional Court of Republic of Indonesia is centralized judicial review institution which implements a posteriori and abstract control. Constitutional court decision often politically sensitive and involve important issues. On the one hand handing down strong decisions that uphold important constitutional principles can bring great benefits to citizens and can strengthen support for democracy but on the other hand, strong role of the court in judicial review tends to encroach increasingly on the territory of the law making institution. This article examines the decision of constitutional court in the framework of a tension between constitutionalism and democracy, especially from theoretical or conceptual approach. As result of examining its decisions, Indonesian Constitutional Court may reflect two characters; judicial activism as characterized by acting as law-maker and using policy in judicial decisions and/ or judicial self-restraint.  Recent  Indonesian experience shows that judicial review of legislation is not a simply of judicial control over law-making institution, as it brings  tension in the context of power relations in the scheme of separation of power. Relationship between the court and legislature, in respective of judicial review, will culminate in the philosophy of the judiciary. However, as constitutionalism and democracy are virtue, decisions of the Constitutional Court in judicial review should create mode of self-limitation within the framework of the principle of separation of powers.
Ratio Legis on the Right to Language in the Education System in Timor Leste Antonino Pedro Marsal; Sukardi Sukardi
Yuridika Vol. 36 No. 3 (2021): Volume 36 No 3 September 2021
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (333.446 KB) | DOI: 10.20473/ydk.v36i3.27245

Abstract

East Timor obtained its independence through a referendum conducted by the United Nations (UN). The Constitution of the Democratic Republic of Timor Leste (RDTL) was officially enacted on 20 May 2002. The language clause in Article 13 of the Constitution states that the official languages of East Timor are Tetun and Portuguese. Based on this, the government of East Timor put a policy in place, obligating all levels of the educational system to use only Portuguese in their activities. This policy, however, has faced fierce rejection, especially from private educational institutions, because of its inconsistency with the new reality According to data from the UN, less than 5 per cent of the Timorese population speak Portuguese. In this research, two legal issues emerged. The first is about language as a constitutional right of citizens. The second relates to the use of the Portuguese language in the education system in East Timor and its relation to human rights. To analyse the legal problems, this research utilises qualitative and legal methods. It can be successfully proven that, in the implementation of the language clause in East Timor, the government policy does not consider the legal principle of proportional justice and discriminates against Timorese people who use Tetun and other national languages, which should be encouraged by the nation. The conclusion is that the use of the Portuguese language violates constitutional rights and impedes the quality of education.
Co-Authors Antonino Pedro Marsal Dian Fitri Sabrina Dodi Jaya Wardana Dri Utari Christina Rahmawati E. Prajwalita Widiati Ekawestri Prajwalita Widiati Mohammad Syaiful Aris Muhammad Saad Radian Salman Vallencia Paramitha