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All Journal Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Al-Adalah: Jurnal Hukum dan Politik Islam

Sudarsono Sudarsono

Universitas Brawijaya

Author-ID : 3225840

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

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Pengaturan Zona Nilai Tanah sebagai Dasar Penilaian Tanah oleh Badan Pertanahan Nasional Hawin Narindra; Iwan Permadi; Sudarsono Sudarsono
Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Vol 5, No 1 (2020): Juni 2020
Publisher : Universitas Negeri Malang

This study discussed the arrangement of the land value zone as the basis for a fair land valuation by the National Land Agency. The National Land Agency as an extension of the non-departmental government had the authority to regulate and carry out the allotment of land. This study used a normative juridical approach to address the legal problems encountered. The method used legislation and conceptual approaches. The results showed that the land value zone could be used as a basis for a fair land valuation by the National Land Agency. However, at present, there were no specific legal regulations governing land value zones which result in a vacuum and legal uncertainty so that regulations were needed that govern the operation of Land Value Zones. Legislation that was considered ideal was a ministerial regulation made by the Ministry of Agriculture and Spatial Planning/National Land Agency.

Kedudukan Harta Bersama dalam Perkawinan Poligami yang Tidak Dicatatkan Yeni Oktafia; Sudarsono Sudarsono
Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Vol 6, No 2 (2021): Desember 2021
Publisher : Universitas Negeri Malang

This study aimed to analyze the distribution of joint property in unregistered polygamous marriages and the legal certainty of the distribution in unregistered polygamous marriages. This study was normative juridical research because this study used the statutory approach, the conceptual approach, and the historical approach. Data collection techniques were sourced from primary, secondary, and tertiary legal sources. The researcher analyzed data with descriptive analysis and interpretation methods. The study results showed that the distribution of joint property in polygamous marriages that were not registered must carry out isbat marriage so that there was a guarantee of legal protection for the distribution of joint property. The division of joint property in a polygamous marriage that was not registered was equated with a legal marriage as long as it could be proven to have good faith in its implementation. The legal certainty of the distribution of joint assets in unregistered polygamous marriages could be carried out by law chosen by husband and wife by deliberation and consensus. If submitted in court, it was based on the right of rechtsvinding based on ijtihad and the noble values of Indonesian customary law.

KEDUDUKAN ORGANISASI ADVOKAT SEBAGAI WADAH TUNGGAL PROFESI PASCA PUTUSAN MAHKAMAH KONSTITUSI Muhammad Fajar Sidiq Widodo; Sudarsono Sudarsono; Bambang Winarno
Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Vol 3, No 2 (2018): Desember 2018
Publisher : Universitas Negeri Malang

Advocate is a free and independent profession. According to the Constitutional Court Decision number 112/PUU–XII/2014 & 36/PUU–XIII/2015. It is interesting that the decision has decided the issue of oath in Article 4 Paragraph (1) Advocate Law, but affects Article 28 Paragraph (1) concerning Advocates Organization. This research is a normative research that uses conceptual approach and legislative approach, which hopefully can dig up and find out the position of Advo- cates Organizations after the Constitutional Court Decision number 112/PUU–XII/2014 & 36/PUU– XIII/2015. It is known from the research that the Constitutional Court is unauthorized to decide which organization is legitimate, although Advocates Organization can also be named as state institution.

Analisis Putusan Mahkamah Konstitusi Nomor:137/PUU-XIII/2015 Tentang Pembatalan Kewenangan Gubernur dalam Pembatalan Peraturan Daerah Kabupaten/Kota Ahmad Bonadi; Rachmad Syafa'at; Sudarsono Sudarsono
Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Vol 4, No 1 (2019): Juni 2019
Publisher : Universitas Negeri Malang

This paper aims to analyzes the consideration of Constitutional Court judges in canceling Article 251 paragraph (2), paragraph (3), paragraph (4) and paragraph (8) of the Republic of Indonesia Law No. 23 of 2014 concerning Regional Autonomy and the impact of the Constitutional Court Decision Number: 137 / PUU-XIII / 2015. The study uses normative legal research with a statute approach, conceptual approach, and case approach. The decision of the Constitutional Court judges in deciding their cases is based on the principles of constitutionalism, the principle of the unitary state of the Republic of Indonesia, the principle of regional autonomy and decentralization, and the principle of judicial power and rule of law. The impact of the Constitutional Court Ruling Number: 137/PUU-XIII/2015 is the increased burden of the case of material testing rights in the Supreme Court, the abolition of the governor’s authority to cancel district/city regulations, and hinder the deregulation program to accelerate development.

Keabsahan Pengangkatan Pejabat Kepala Daerah Akibat Penundaan Pemilihan Kepala Daerah Nur Faisyah; Sudarsono Sudarsono; Shinta Hadiyantina; Irfan Amir
Al-Adalah: Jurnal Hukum dan Politik Islam Vol 8, No 1 (2023)
Publisher : Program Studi Hukum Tata Negara, Fakultas Syariah dan Hukum Islam IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/ajmpi.v1i1.3568

This study aims to analyze the validity of the designation of acting regional heads as an implication of the postponement of the 2022 and 2023 regional elections. This research is normative, with a statutory and analytical approach. The primary legal material is Law Number 10 of 2016 concerning Regional Head Elections. Secondary legal materials are articles, books, and research findings gathered through normative research and analyzed using a research methodology. The results showed that the implication of postponing the 2022 and 2023 regional elections caused a vacancy in the position of the regional head, which had implications for the appointment of the TNI/Polri as acting regional head, which deviated from the state rule of law. Based on the decision of the Constitutional Court, the TNI/ Polri can occupy civilian positions if they retire or resign from active service and have gone through the process openly and competitively. Meanwhile, the mechanism for appointing acting regional heads from the TNI/ Polri who are still active has been contrary to the principle of the procedure for the validity of the actions of government officials. So that the government needs to immediately issue a government regulation related to the mechanism for appointing acting regional heads due to the postponement of technical regional elections so that the appointment can have a basis in the selection mechanism and qualification of acting regional heads democraticallyThis study aims to analyze the validity of the designation of acting regional heads as an implication of the postponement of the 2022 and 2023 regional elections. This research is normative, with a statutory and analytical approach. The primary legal material is Law Number 10 of 2016 concerning Regional Head Elections. Secondary legal materials are articles, books, and research findings gathered through normative research and analyzed using a research methodology. The results showed that the implication of postponing the 2022 and 2023 regional elections caused a vacancy in the position of the regional head, which had implications for the appointment of the TNI/Polri as acting regional head, which deviated from the state rule of law. Based on the decision of the Constitutional Court, the TNI/ Polri can occupy civilian positions if they retire or resign from active service and have gone through the process openly and competitively. Meanwhile, the mechanism for appointing acting regional heads from the TNI/ Polri who are still active has been contrary to the principle of the procedure for the validity of the actions of government officials. So that the government needs to immediately issue a government regulation related to the mechanism for appointing acting regional heads due to the postponement of technical regional elections so that the appointment can have a basis in the selection mechanism and qualification of acting regional heads democratically.This is an open access article under the CC–BY-SA 4.0 license.

Co-Authors Ahmad Bonadi Amir, Irfan Bambang Winarno Hawin Narindra Iwan Permadi Muhammad Fajar Sidiq Widodo Nur Faisyah Rachmad Syafa'at Shinta Hadiyantina Yeni Oktafia

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