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All Journal Pembaharuan Hukum Pena Justisia: Media Komunikasi dan Kajian Hukum
Rudy Iskandar Ichlas
Universitas Muhammadiyah Kendari
Law, Crime, Criminology & Criminal Justice

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THE IMPLEMENTATION OF KALOSARA CUSTOM IN MEDIATING MEDICAL DISPUTES Ma'ruf Akib; Rudy Iskandar Ichlas
Jurnal Pembaharuan Hukum Vol 10, No 3 (2023): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v10i3.33751

Abstract

This study aims to determine and analyze the constitutionality of Kalosara custom in mediating disputes between doctors and patients in Konawe Regency. The method in this research uses a sociological juridical approach. The results of this study are The role of the Kalosara as customary law has a broad scope as a legal sub-system in society, as the Kalosara is known to prioritize unity and peace through mediation by means of deliberation and consensus. The Sara Medulu procession carried out by doctors from Konawe Hospital came to the victim with the intermediary of a Tolea as a form of seriousness to settle by custom. Customary settlement with a family atmosphere makes both parties feel defeated by each other. This condition is far more beneficial than legal settlement through the litigation process where there are parties who are won and defeated.
Analyzing the Presidential Power Constraints and the DPR Power Enhancement in the Indonesian 1945 Constitution: A Critical Approach Saepullah Saepullah; Rudy Iskandar Ichlas; Ahmad Rustan; Nur Nashriani Jufri
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol 23, No 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i2.3596

Abstract

This study delves into an examination of how the 1945 Constitution establishes multiple constraints on the President's authority while bolstering the influence of the DPR (People's Consultative Assembly). The research aims to comprehensively analyze the scope of powers granted by the 1945 Constitution to both the President and the DPR. Employing a normative research methodology, this investigation reveals that the 1945 Constitution places specific limitations on the President while strengthening the authority of the DPR through various means. Notably, the Constitution imposes term limits solely on the President, not on the DPR. Although the President participates in the legislative process, certain restrictions apply, and certain powers are granted to the President as the head of state, but they necessitate the involvement of the DPR. In contrast, specific rights exclusively pertain to the DPR in support of its duties, without extending these same rights to the President. Such a scenario underscores the imperative of establishing a constitutional balance of power between the executive authority of the President and the legislative authority of the DPR.
Implementation of the Omnibus Law: Legislative Impact and Consequences Jefri Jefri; Ahmad Rustan; Rudy Iskandar Ichlas
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol 23, No 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i2.3617

Abstract

The Implementation of the Omnibus Law in Indonesia through Law Number 11 of 2020 on Job Creation represents a significant step in regulatory reform, encompassing various sectors. This law aims to streamline regulations, enhance investment, and create job opportunities. This study seeks to analyze the impact and implications of the Omnibus Law on legislative politics in Indonesia. Using a qualitative approach and various theoretical frameworks from the fields of law, economics, politics, and sociology, this research examines regulatory changes, legislative processes, and the social, economic, and environmental impacts of the Omnibus Law's implementation. The findings indicate that while the Omnibus Law has the potential to improve the investment climate and economic growth, concerns exist regarding the reduction of workers' rights, negative environmental impacts, and the lack of public participation in the legislative process. The implications for legislative politics include changes in the relationship between central and regional governments, as well as political dynamics at the national and local levels. It is crucial for the government to ensure transparent, accountable, and participatory implementation to achieve sustainable development goals and improve the welfare of the Indonesian people.
Co-Authors Ahmad Rustan Syamsuddin Jefri Jefri Ma'ruf Akib Nur Nashriani Jufri Saepullah Saepullah