Watni Marpaung
State Islamic University of North Sumatra

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The Concept And Sanctions Of Qodzhaf In Hudud Criminal Law: Hadith Perspective Watni Marpaung; Pairuz Amanina
AT-TAFAHUM: Journal of Law Vol 5, No 1 (2021)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v5i1.29110

Abstract

As a state governed by the rule of law (rechtstaat), Indonesia places law as the primary foundation for the exercise of governmental authority and the protection of citizens' rights. Within this framework, the State Administrative Court (Pengadilan Tata Usaha Negara—PTUN) plays a vital role in ensuring that administrative actions undertaken by government bodies comply with legal principles and the general principles of good governance. This study aims to analyze the position and function of the State Administrative Court within the Indonesian legal system, examine its role in providing legal protection to citizens, and identify the challenges affecting the effectiveness of its authority. The research employs a normative juridical method using statutory and conceptual approaches. Legal materials consist of primary sources, including Law Number 5 of 1986 concerning the State Administrative Court and its subsequent amendments, relevant court decisions, and applicable legislation, supported by secondary and tertiary legal materials obtained through library research. The collected legal materials were analyzed descriptively and analytically. The findings reveal that the PTUN occupies a strategic position as one of Indonesia's judicial institutions responsible for resolving disputes between citizens and government administrative bodies arising from administrative decisions. Beyond adjudicating disputes, the PTUN serves as an important mechanism for judicial oversight, ensuring legality, accountability, transparency, and the implementation of good governance. However, the effectiveness of the PTUN remains constrained by several factors, including limited public awareness of administrative justice mechanisms, restricted access to legal remedies, inadequate enforcement of final court decisions by administrative authorities, and the increasing complexity of administrative disputes in the era of globalization. Therefore, strengthening institutional capacity, improving public legal awareness, enhancing the execution of PTUN judgments, and reforming administrative regulations are essential to optimize the court's role in protecting citizens' rights, promoting legal certainty, and reinforcing the principles of the rule of law in Indonesia.
Regional Autonomy and Regional Government Watni Marpaung; Abdul Hakim; Fadil Almahdy Hasibuan
AT-TAFAHUM: Journal of Law Vol 7, No 2 (2023)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v7i2.29041

Abstract

Regional autonomy is a crucial pillar of the Indonesian government system, aiming to grant local governments the authority to regulate and manage government affairs based on local potential and needs. The implementation of regional autonomy is expected to improve the effectiveness of governance, the quality of public services, and promote equitable development across regions. However, the implementation of regional autonomy still faces various challenges, particularly in institutional capacity, fiscal independence, and coordination between the central and regional governments. This study aims to examine the concept, legal basis, implementation, and challenges and efforts to strengthen regional autonomy within the Indonesian regional government system. The research method used is library research with a normative juridical approach, emphasizing the study of relevant laws and regulations and scientific literature. The research stages include the collection of primary and secondary legal materials, qualitative analysis through legal interpretation, and the systematic compilation of the study results. The results indicate that regional autonomy has provided space for local governments to exercise authority more independently, particularly in public services and regional development. However, the effectiveness of its implementation is still influenced by limited human resources, fiscal dependence, and weak oversight. Therefore, it is necessary to strengthen institutions, increase fiscal capacity, and maintain sustainable synergy between the central and regional governments so that the goals of regional autonomy can be achieved optimally.