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All Journal Journal of Judicial Review YURISDIKSI : Jurnal Wacana Hukum dan Sains Srawung: Journal of Social Sciences and Humanities Yuris: Journal of Court and Justice
Fajar Rachmad Dwi Miarsa
Universitas Maarif Hasyim Latif Sidoarjo
Arts Humanities Education Health Professions Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Contempt of Court dalam Pelaksanaan Putusan PTUN: Suatu Perbandingan Indonesia dan Prancis Fajar Rachmad Dwi Miarsa; M Zamroni; Ahmad Heru Romadhon; Cholilla Hazir Adhaningrum
Journal of Judicial Review Vol 23 No 1 (2021)
Publisher : Fakultas Hukum, Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v23i1.4351

Abstract

The aim of comparing the TUN judicial system in France with the Indonesian state is to provide an analysis of the competence of state administration justice in France (its administrative court), particularly regarding the administrative or technical implementation of the judiciary. This can provide direction for the ius constituendum in the competence of the Indonesian State Administrative Court, as well as explain contempt of court actions in the implementation of TUN Judicial decisions between Indonesia and France. The research was conducted using a normative juridical approach and has a literary nature. The Indonesian state administration court system still expects an ius constituendum regarding contempt of court regulation. The French state is known as a country that has judicial authority in the world so that the French state does not recognize contempt of court in the application of the TUN court decision.
Settlement of Disputes over Rice Field Land Ownership Rights Due to Unauthorized buying and selling Wahyu Prawesthi; Mohammad Dwi Febriyanto; Fajar Rachmad Dwi Miarsa
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 19 No. 2 (2023): September
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v19i2.190

Abstract

Rice field land is a general term such as forest land, plantation land and so on. All kinds of soil can be cultivated as long as it has sufficient water availability. Problems with land are quite serious. So that handling must also be done seriously. Both through prefective means, namely by providing understanding by related devices or institutions and by repressive means or resolution due to disputes. In this way, it is hoped that the community can understand the validity of buying and selling land and its settlement. So that rice field land disputes due to buying and selling do not have an impact on agricultural activities. This study uses a type of normative juridical legal research, namely legal research conducted by examining primary legal materials in the form of laws and regulations and secondary legal materials or legal materials in the form of supporting library materials for primary legal materials. The buying and selling process is legally valid if material conditions are met. In relation to the rules governing the authority and competence of the parties, as well as the fulfillment of conditions by the buyer to become the holder of the right to the purchased land. The validity of buying and selling paddy fields is the same as buying and selling land in general. The sale and purchase of paddy fields is canceled if it can cause a reduction in the minimum limit of agricultural land ownership. Dispute resolution can be done through litigation and non-litigation resolution. The advantage obtained when using litigation settlement is that it has definite legal force and is final.
ROLE OPTIMIZATION OF REGIONAL REPRESENTATIVE COUNCIL IN THE LEGISLATIVE FUNCTION Bambang Panji Gunawan; Slamet Suhartono; Yovita Arie Mangesti; Fajar Rachmad Dwi Miarsa
Srawung (Journal Of Social Sciences And Humanities) Vol. 2 Issue. 3 (2023)
Publisher : jfpublshier

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jssh.v2i3.374

Abstract

The Regional Representative Council or DPD is an institution that represents the region as a state institution. After the bicameral parliamentary structure was established, the idea of bicameral became both strengthened and weakened. This research aims to identify the situation of the Regional Representative Council according to the 1945 Constitutional amendment and the weaknesses of the Regional Representative Council in implementing its legislative function. The type of research used in this legal research is descriptive-analytical with an evaluative normative juridical approach. The findings of the research identified that the situation of the Regional Representative Council, according to the 1945 Constitutional amendment, caused several changes in its position, members, functions, term of office, as well as its relationship with the House of Representatives. On the other hand, the weaknesses of the Regional Representative Council in implementing its legislative function were caused by its’ limited authorities, its’ unequal position with the House of Representatives, and its consideration, which was not even being considered by the House of Representatives as the House of Representatives was not obligated to, its' non-exclusive status, and its’ potentially conflict of interest.
COMPARATIVE STUDY OF THE GOOD FAITH CONCEPT BETWEEN INDONESIA AND THE NETHERLANDS IN CIVIL LAW Fajar Rachmad Dwi Miarsa; Muhamad Saifudin; Hardi Anugrah Santoso; Nur Qoilun; Sugiarto Raharjo Japar
Yuris (Journal of Court and Justice) Vol. 3 Issue. 1 (2024)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v3i1.481

Abstract

Indonesian law is not only dominated by the customary system, but also by the European legal system. Indonesia still adhered to the old Dutch “Burgelijk Wetboek” for several years after its independence, even though the Dutch had completely reformed their Burgelijk Wetboek with a more modern version. One of the significant changes that the Dutch implemented is the paradigm change in the regulation of good faith. Therefore, this research is conducted to determine the effect of paradigm changes in good faith under Dutch civil law on the design of legal arrangements in Indonesian civil law. The research method used is normative juridical which focuses on the problem analysis by approaching the principles and legal norms in the applicable laws and regulations, through statutory, comparative, and historical approaches. Good faith concepts in Indonesia and the Netherlands are basically contained in one specific article. The distinction between Indonesia and the Netherlands is the concept of good faith, which is only contained in the article and after the amendment of the new Civil Code in the Netherlands, it is contained in the heading of that article which stipulates that good faith must be applied.
Co-Authors Ahmad Heru Romadhon Bambang Panji Gunawan Cholilla Hazir Adhaningrum Hardi Anugrah Santoso M Zamroni Mohammad Dwi Febriyanto Muhamad Saifudin Nur Qoilun Slamet Suhartono Sugiarto Raharjo Japar Wahyu Prawesthi