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Ahmad Gelora Mahardika
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Legacy: Jurnal Hukum dan Perundang-undangan
Published by Universitas Islam Negeri Sayyid Ali Rahmatullah Tulungagung
ISSN : -     EISSN : 2776205X     DOI : https://doi.org/10.21274/legacy
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
LEGACY: Jurnal Hukum dan Perundang-undangan is a scientific journal contains original works from lecturers, researchers, students, and other concerned parties who have not been published or are not on the publication in the form of articles on the research and conceptual ideas on the subject of constitutional law. This journal publishes twice in a year on March and August, which spread throughout Indonesia and South East Asia in printed and online.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
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Search results for , issue "Vol 1 No 2 (2021): Edisi Agustus 2021" : 5 Documents clear
KETIDAKPATUHAN PEMERINTAH TERHADAP PUTUSAN PENGADILAN SEBAGAI IMPLIKASI PUTUSAN MAHKAMAH KONSTITUSI NOMOR 24/PUU-XV/2017 Ahmad Gelora Mahardika; Mizza Faridatul Anifah
Legacy: Jurnal Hukum dan Perundang-Undangan Vol 1 No 2 (2021): Edisi Agustus 2021
Publisher : Departement of Constitutional Law IAIN Tulungagung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (414.337 KB) | DOI: 10.21274/legacy.2021.1.2.1-20

Abstract

The verdict of the Constitutional Court Number 24 / PUU-XV / 2017 which rejects the petition for judicial review Article 33 of Law Number 2 Year 2011 on Amendments to Law Number 2 of 2008 on Political Parties presents problems in the Indonesian constitutional system. The Constitutional Court as a constitution escort institution is seen as justifying the actions of the government that interpret the norms in this law subjectively. The ambiguity of this article causes the Government to be reluctant to execute court decisions that have permanent legal force. Indirectly, that’s decision make Djan Faridz's constitutional rights lost. This is because even though there have been several court decisions that have permanent legal force (inkracht van gewisjde), Djan Fraidz still has not received approval from the government. This condition is due to the Minister of Law and Human Rights interpreting subjectively the provisions in Article 33 which regulate internal party political disputes and in the norm stated that the Court's decision is the final decision and there is no dictum requiring the Minister to ratify the results of court decisions.
PENCETAKAN SERTIFIKAT VAKSIN OLEH PIHAK SWASTA Satrio Wibowo
Legacy: Jurnal Hukum dan Perundang-Undangan Vol 1 No 2 (2021): Edisi Agustus 2021
Publisher : Departement of Constitutional Law IAIN Tulungagung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (496.175 KB) | DOI: 10.21274/legacy.2021.1.2.21-37

Abstract

The Covid-19 vaccination has started in Indonesia in early 2021, marked by the President of Indonesia as the recipient of the first dose of vaccine. After two weeks, it was continued with the second dose. Proof of being a person who has been vaccinated is receiving a vaccine certificate. This method of recording vaccine certificates uses the Population Identification Number (NIK) and the vaccine recipient's telephone number. The form of this certificate is a piece of paper that is very easily damaged, so some private parties offer certificate printing in a form that is easy to carry, not easily damaged, and practical to carry around. The problems raised in this study are the legality of the private sector in printing vaccination certificates and the legal consequences of printing vaccine certificates. The method used in analyzing is using empirical juridical research by observing the phenomena that occur and reviewing the laws and regulations relating to and regulating the Covid19 vaccine certificate. The study results stated that the printing of vaccine certificates by the private sector was not explicitly regulated in the legislation. It had room for the private sector for commercial purposes.
POLITIK HUKUM PENGATURAN SISTEM INFORMASI PEMILU Nurush Shobahah; Much Anam Rifai
Legacy: Jurnal Hukum dan Perundang-Undangan Vol 1 No 2 (2021): Edisi Agustus 2021
Publisher : Departement of Constitutional Law IAIN Tulungagung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (406.44 KB) | DOI: 10.21274/legacy.2021.1.2.38-56

Abstract

The Election information system is a one of tool used by General Election Commissions (KPU) to wage The Election in order to maintenance transparency, effectiveness and accountability. It has been done since 2014. However, there has been a few problem using these instruments, especially in use of Sipol, in absensce of its mandatory regulation. Through this normative legal research, researchers are trying to analyze tthe basics of legal policy of the Election Information System regulation, and also to analyze the differenciation between the purpose in using Election Information System Regulation from The Regulation Maker and General Election Commissions (KPU). In facts, most of Electoral Information System used by KPU are categorized as unmandatory regulation which is has no legal basis or legal mandatory regulation. This cause a problem such as a resistance from public for the subjectivity or will from the regulation maker in legalizing this electoral information system. Since 2019 National Election, th regulation maker still mandate that election conducted in conventional way or a manual system despite the will from KPU to use those electoral information system in order to maintenance transparency, effectiveness and accountability.
PENGATURAN ANGGARAN PENDAPATAN DAN BELANJA NEGARA MELALUI PERATURAN PEMERINTAH PENGGANTI UNDANG-UNDANG Moh Rizaldi
Legacy: Jurnal Hukum dan Perundang-Undangan Vol 1 No 2 (2021): Edisi Agustus 2021
Publisher : Departement of Constitutional Law IAIN Tulungagung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (565.422 KB) | DOI: 10.21274/legacy.2021.1.2.57-80

Abstract

It is still a matter of debate whether the State Revenue and Expenditure Budget can be regulated by government regulation in lieu of law. For the pros, this arrangement can be done because it is based on the suitability of types, hierarchies and content material. Meanwhile, for those who are contra, this arrangement violates the principle of people"s sovereignty and checks and balances. Not taking part in the debate, President Jokowidodo actually changed the State Budget Law through a Presidential Regulation. This paper criticizes the President"s actions as well as provides a solution to it by offering ideas in the form of amendments to the State Budget Law through government regulation in lieu of law. The problems raised in this research are, first, what limitations should be made to overcome the open-ended nature of Article 22 of the 1945 Amendment so that the President does not take excessive action? Second, is it necessary to amend the state budget Law through government regulation in lieu of law? This is doctrinal research. Through a statutory approach and conceptual approach, this paper concludes that first, limitation can be done by limiting the scope of the meaning of urgency that forces it and the material is limited to state administration only. Second, in an emergency situation, the existence of government regulations in lieu of law is needed to amend the state budget Law.
SINKRONISASI PENGATURAN KEWENANGAN CABANG RUTAN BNN TERHADAP PP NOMOR 58 TAHUN 1999 DALAM KERANGKA SISTEM PEMASYARAKATAN Markus Marselinus Soge
Legacy: Jurnal Hukum dan Perundang-Undangan Vol 1 No 2 (2021): Edisi Agustus 2021
Publisher : Departement of Constitutional Law IAIN Tulungagung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (869.992 KB) | DOI: 10.21274/legacy.2021.1.2.81-103

Abstract

The responsibility of organizing the correctional system includes the construction of inmates and the treatment of prisoners at the Directorate General of Corrections, but in practice, prisoners are not always in Rutan or Rutan Branch owned by Kemenkumham. BNN also manages Rutan Branch which is regulated in BNN Head Regulation No. 6 of 2016 concerning Prisoner Supervision. The problem here is how the synchronization level of the regulation of the authority of Rutan Branch of BNN against PP No.58 of 1999 within the framework of the correctional system. Normative legal research methods with legal approaches are used in this paper, and also used secondary data, namely primary and secondary legal materials. The data is collected by library study techniques, then qualitatively analyzed with legal interpretation. The results of the study are using guidelines for evaluation of legislation, especially table 3 assessment with variable 'authority' then the BNN Head Regulation No. 6 of 2016 is unsynchronized with PP No.58 of 1999 in the indicator 'there are arrangements about the same authority on 2 (two) or more regulations whose hierarchy is different, but the implementing agencies are different'. It is recommended that the Directorate General of Corrections of Kemenkumham can coordinate with BNN to discuss the unsynchronized of the authority arrangements of the Rutan Branch of BNN related to the supervision of prisoners to strengthen the implementation of the correctional system.

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