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All Journal Brawijaya Law Journal : Journal of Legal Studies Jurnal Konstitusi The Journal of Society and Media
Nadir Nadir, Nadir
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Religion Humanities Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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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.
Dilematika Putusan Mahkamah Konstitusi vs Kekuatan Politik dalam Impeachment Presiden Nadir, Nadir
Jurnal Konstitusi Vol 9, No 2 (2012)
Publisher : Mahkamah Konstitusi Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (451.646 KB) | DOI: 10.31078/jk%x

Abstract

The involvement of the constitutional court of RI in examining and ruling on  the case of presidential impeachment is textually not the authority but obligation that whether or not presidential impeachment happen during president’s terms of office will be determined by the supporting political strength in the MPR session.  The decision taken in the session should be based on the decision of Constitutional Court as the interpreter and the guardian of the constitution. This condition causes Constitutional Court decision becomes dillematic because it will be determined by the political strength in the session of the MPR. Besides,the fact that three of the nine judges are proposed by the President and three other are proposed by DPR is also dilemmatic.
MEMBANGUN PENDIDIKAN POLITIK DALAM FATSUN DEMOKRASI PANCASILA DAN DELIBERATIVE Nadir, Nadir; Wardani, Win Yuli
The Journal of Society and Media Vol 3, No 1 (2019): Election & Politic in Society & Media
Publisher : Department of Social Science, Faculty of Social Science &Law, Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsm.v3n1.p126-141

Abstract

This paper a study political education to meet presidential elections and vice president of the republic of Indonesia of 2019 in fatsun democracy Pancasila and a deliberative.The results show that in fatsun democracy Pancasila and a deliberative, found the practical discursus, formation public opinion and political aspirations the community, and sovereignty the populace as procedural as the owner of and holder sovereignty highest dealt with in constitutional in Indonesia and can control government decisions that was formed through elections.Political education is a means of to understand rights and obligations and the responsibilities of a citizen in our nation and state, besides the responsibility of presidents and vice president of the republic of Indonesia was elected to carry power as the mandate. The responsibility of in education politics it is it is an obligation of a political party, KPU-Bawaslu, and all elements of the community with the aim of an increase in the understanding of the related the vision mission presidential candidates and a vice president been attained by Indonesia in discursus the public which had bought in accordance with idee and aim of the  Indonesia state that is to date it has not yet been attained.
MEMBANGUN PENDIDIKAN POLITIK DALAM FATSUN DEMOKRASI PANCASILA DAN DELIBERATIVE Nadir, Nadir; Wardani, Win Yuli
The Journal of Society and Media Vol 3, No 1 (2019): Election & Politic in Society & Media
Publisher : Department of Social Science, Faculty of Social Science &Law, Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsm.v3n1.p126-141

Abstract

This paper a study political education to meet presidential elections and vice president of the republic of Indonesia of 2019 in fatsun democracy Pancasila and a deliberative.The results show that in fatsun democracy Pancasila and a deliberative, found the practical discursus, formation public opinion and political aspirations the community, and sovereignty the populace as procedural as the owner of and holder sovereignty highest dealt with in constitutional in Indonesia and can control government decisions that was formed through elections.Political education is a means of to understand rights and obligations and the responsibilities of a citizen in our nation and state, besides the responsibility of presidents and vice president of the republic of Indonesia was elected to carry power as the mandate. The responsibility of in education politics it is it is an obligation of a political party, KPU-Bawaslu, and all elements of the community with the aim of an increase in the understanding of the related the vision mission presidential candidates and a vice president been attained by Indonesia in discursus the public which had bought in accordance with idee and aim of the  Indonesia state that is to date it has not yet been attained.
Co-Authors Jazim Hamidi Soedarsono Soedarsono Syafaat, Muchamad Ali Wardani, Win Yuli