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All Journal JURNAL HUKUM Brawijaya Law Journal : Journal of Legal Studies Arena Hukum Nurani: Jurnal Kajian Syariah dan Masyarakat Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan International Journal of Law Reconstruction Journal of Indonesian Legal Studies Jurnal Ilmiah Hukum LEGALITY Hasanuddin Law Review Jurnal al-Ulum : Jurnal Pemikiran dan penelitian ke-Islaman Journal of Islamic Law Jurnal Idea Hukum JHCLS Journal of Social and Policy Issues Yuridika Human Rights in The Global South (HRGS) International Journal of Sustainability in Research (IJSR) Tolis Mengabdi : Jurnal Pengabdian Kepada Masyarakat Journal of Law and Legal Reform Journal of Islamic Elementary Education JILS (Journal of Indonesian Legal Studies)
Fadli, Moh.
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Religion Agriculture, Biological Sciences & Forestry Arts Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Engineering Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Mathematics Social Sciences Other

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Legal Standing and Organization's Right to Sue in Cases of Onrechtmatige Overheidsdaad (Unlawful Government Acts) After the Implementation of Law No. 30 of 2014 Andriana, Desmilia Eka; Fadli, Moh.; Negara, Tunggul Anshari Setia; Permadi, Iwan
Nurani Vol 23 No 2 (2023): Nurani: jurnal kajian syari'ah dan masyarakat
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/nurani.v23i2.19831

Abstract

The government as a legal subject that has the authority to carry out legal acts can actually be tested whether there is no authority approved by the State Administrative Court. This trial can of course be triggered by demands from certain parties who feel disadvantaged by the Government's actions. This research will examine the legal position and right to sue an organization in the Onrechtmatige Overheidsdaad Dispute. This research is normative juridical legal research. This research analyzes the legal position and right to sue the community regarding the defense of the Onrechtmatige Overheidsdaad. The research results concluded three things; First, organizations have sufficient requirements to file a lawsuit because their right to sue is regulated in Law Number 32 of 2009 concerning Environmental Protection and Management (UU 32/2009), and other regulations. Second, UUAP No. 30 of 2016 also regulates the authority to decide whether or not there are elements of authority exercised by Government Officials. This means that Law Number 30 of 2014 provides space for the public to file a lawsuit if there is a rejection of a permit permitted by the government. Third, there is a need to add the word 'organization' and add 'organizational requirements for filing a lawsuit' in UUAP No. 30 of 2014 explicitly.
Redesigning the Concept of Law Enforcement in Administrative Violations of General Elections in Indonesia Jamil, Jamil; Fadli, Moh.; Hadiyantina, Shinta; Prasetyo, Ngesti Dwi
Yuridika Vol. 39 No. 3 (2024): Volume 39 No 3 September 2024
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v39i3.48338

Abstract

Trial mechanism as the only procedure in resolving election administrative violations is a mechanism that is not in accordance with the concept of law enforcement in administrative law that uses not only the trial mechanism but also direct sanctions. Therefore, the concept of law enforcement in these violations needs to be redesigned, to be in line with the administrative law and be more effective and easier to implement. This study examined the concept of law enforcement in administrative law as a conceptual and theoretical basis in redesigning the concept of law enforcement in election administrative violations. It used legal research methods with statutory, conceptual, and comparative approaches. The results of this study recommend a new concept in resolving election administrative violations by looking at the legal subjects who commit violations and the characteristics of the violations. For the violations committed by non-officials, the law enforcement is sufficient to use direct sanctions. Meanwhile,  for the violations committed by officials, if they cause direct losses, it must use a trial mechanism. But, if the violation is only limited to non-compliance with the legislation and does not cause harm to anyone, direct sanctions can be executed. Hence, it is necessary to change the mechanism for resolving election administrative violations as stipulated in the Election Law.
Legal Certainty in Green Bonds: The Role of Coherence, Legitimacy, Economic Benefits, and Government Authority Hutahayan, Benny; Fadli, Moh.; Amimakmur, Satria Amiputra; Dewantara, Reka; Tumanggor, Manumpan S.; Djajadikerta, Hadrian Geri
Jurnal Hukum Vol 40, No 2 (2024): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v40i2.40596

Abstract

This study explores the critical factors shaping legal certainty in green bond issuance, focusing on the roles of coherence in bond issuance objectives, legislative legitimacy, economic benefits, and governmental authority. Legal certainty is essential in fostering investor confidence, reducing risks such as greenwashing, and ensuring compliance with environmental and regulatory standards. The research employs Partial Least Squares Structural Equation Modeling (PLS-SEM) to analyze data collected from institutional investors with a recommended sample of 300 participants, revealing that economic benefits have the most significant impact on legal certainty, followed by governmental authority, legislative legitimacy, and coherence of objectives. The results underscore the importance of clear and measurable objectives in green bond issuance, transparency in the legislative process, and consistent governmental oversight. These findings highlight the need for robust legal frameworks that ensure both environmental sustainability and financial stability. The study's implications suggest that policymakers and regulators must prioritize the harmonization of green bond regulations to promote cross-border investments and long-term market growth.
The Politics of Indonesia's Decentralization Law Based on Regional Competency Prasetyo, Ngesti Dwi; Fadli, Moh.; Anshari SN, Tunggul; Safa'at, Muchamad Ali
Brawijaya Law Journal Vol. 8 No. 2 (2021): State Administration Role in Establishing Constitutional Obligation
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2021.008.02.01

Abstract

Local governments have undergone various regulatory developments since Indonesia's independence 75 years ago. Various aspects underlying the development and changes in local government policies can be analyzed using several approaches, such as historical, philosophical, and sociological. This paper will discuss how the legal politics of the development of local government implementation, especially in terms of decentralization. Furthermore, the author will explain about the opportunities for implementing decentralization based on regional capacity to promote welfare of society. This research is normative juridical research using historical approach, conceptual approach, and legal approach. It can be said that the implementation and development of local government implementation is strongly influenced by various aspects other than the legal factor itself. Furthermore, there is still the possibility of implementing decentralization based on regional capacity as an effort to promote social welfare.
History of The Development of The Principle of Delegatus Non-Potes Delegare and Its Implementation Al-Fatih, Sholahuddin; Fadli, Moh.
Arena Hukum Vol. 17 No. 1 (2024)
Publisher : Arena Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum.2024.01701.12

Abstract

The origin of the principle of delegatus non potes delegare is often debated in academic circles. This principle is essential because it is the basis for the origins of several policies and other legal rules, such as delegated legislation. This article traces the origins of the delegatus non potes delegare principle and the development of delegated legislation in several countries, including Indonesia. Using legal research methods with conceptual and historical approaches, this article finds that the delegatus non potes delegare principle was first used in Paris, France, in 1566. Thereafter, the use of the principle continued to develop until its implementation in delegated legislation. This article provides an overview of implementing delegated legislation in several countries, namely, the United States, United Kingdom, Germany, Netherlands, France, India, Nigeria, Australia, Indonesia and in one supra-national region, namely, the European Union. Three critical aspects must be considered in the implementation of delegated legislation: the arrangement, the supervisory body/institution, and the form of supervision.
TRANSMISSION TAGLINE BISMILLAH SERVES IN INCREASING THE HUMAN DEVELOPMENT INDEX (HDI) SUMENEP REGENCY EDUCATION POLICY PERSPECTIVE Mukhlishi, Mukhlishi; Supandi, Supandi; Atnawi, Atnawi; Fadli, Moh.
Jurnal Al-Ulum : Jurnal Pemikiran dan Penelitian Ke-Islaman Vol 12 No 1 (2025): al-Ulum: Jurnal Pendidikan, Penelitian dan Pemikiran Keislaman
Publisher : Universitas Islam Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31102/alulum.12.1.2025.84-94

Abstract

Transmission of the Tagline Bismillah Serves in Improving the Human Development Index (HDI) of Sumenep Education Policy Perspective. The location of this study, the researcher took the location or object of research on Sapudi Island, Nonggunung District, Gayam, Sakala and Pagerungan Districts, Sapeken District, and Talango. The type of research used is a qualitative research method, this research seeks to obtain information in more depth on the focus of the research. A research approach is a research plan and procedure that consists of steps based on broad assumptions as the basis for determining methods in data collection, analysis or interpretation. This approach is descriptive. The results of this study in 2018 showed that the HDI of Sumenep Regency was 0.16 points lower than that of Pamekasan. However, in 2019, the HDI of Sumenep outperformed the HDI of Pamekasan by 0.28 points. The difference between the HDI achievement of the Sumenep Regency and the HDI of Pamekasan is relatively small, namely 0.88 points in 2022. Sumenep Regency's policy can increase the level of welfare of GTT and teachers who are critical-constructive and strengthened by Education Regulations (Perbub/Perda), so that they can improve the welfare of education and get the Human Development Index. This study shows that the transmission of the tagline "Bismillah Melayani" contributes to Sumenep's HDI through education policies that are oriented towards service, equal access, and learning quality.
Enhancing Meaningful Participation in the Law-Making Process in Indonesia: A Comparative Review Antari, Putu Eva Ditayani; Fadli, Moh.; Negara, Tunggul Anshari Setia; Susmayanti, Riana; Putri, Luh Putu Yeyen Karista
International Journal of Law Reconstruction Vol 9, No 1 (2025): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v9i1.38535

Abstract

Public participation in forming laws shows variations in their application in Indonesia, the United States and the Netherlands. To find out about the urgency and implementation of public participation in the formation of laws and regulations, normative legal research is carried out based on the legal materials that have been collected. The legal material used is primary legal material related to statutory regulations governing the mechanism for forming statutory regulations. While the secondary legal materials used mainly come from scientific articles published in journals, which discuss popular sovereignty, democracy, community participation, and the mechanisms for forming legislation in various countries. The study results show that the urgency of public participation in the formation of laws and regulations is needed to carry out the teachings of people's sovereignty and democracy in a state, where the highest power lies with the people. Therefore, the people must be involved in forming laws as the legitimacy of government policies. The form of public participation in the formation of laws and regulations in Indonesia is carried out at the stages of preparing academic papers and discussing draft laws and regulations, either through direct participation or representatives.
The Principle of Prudence and Scope Limitation in the Discussion of the Indonesian Constitutional Court: Implications for Legal Reform and Judicial Decision Making Esfandiari, Fitria; Fadli, Moh.; Tegnan, Hilaire
Journal of Law and Legal Reform Vol. 6 No. 1 (2025): January, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i1.8071

Abstract

The principle of precaution is understood as a preventive action in facing uncertainty or potential risks, especially when the potential impact of an action could be harmful. The Constitutional Court, whose decisions are final and binding, also applies this principle in its decision-making process. This research analyzes the relationship between the precautionary principle and the Justice Deliberation Meeting (RPH). The research method used was normative legal research with a statutory, conceptual, and philosophical approach. The study results affirm that the characteristics of Constitutional Court justices, viewed from the theory of authority, are unique. The theory of authority in law refers to the power or authority an institution or legal body possesses to make legitimate and binding decisions. In the context of the Constitutional Court, its decisions have a distinctiveness that reflects this institution’s special nature and responsibility. Furthermore, the Constitutional Court’s final decisions are binding, prioritize public interest, and use comprehensive evaluations in testing laws, reflecting the application of the precautionary principle in maintaining the integrity of the Constitution and justice for the entire society. In the case of RPH, justices should also apply the precautionary principle by considering all aspects and potential impacts of the law on the Constitution and the sense of justice in society.
Efforts to Improve Learning Activities and Learning Outcomes of Mathematics Integer Materials Through the Application of the PBL Learning Model in Grade VI Elementary School Students Widiana, I Wayan; Fadli, Moh.
Journal of Islamic Elementary Education Vol. 1 No. 1 (2023): Journal of Islamic Elementary Education
Publisher : LP2M IAI Al-Khairat Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32806/islamentary.v1i1.335

Abstract

The learning activities of Grade VI students at SD Negeri 2 Tri Eka Buana in mathematics are lacking and tend to be very passive. This can be seen from the absence of students' responses when asked questions, many students seem not interested in working on the questions given and there are still many students who are indifferent. The purpose of carrying out this PTK is to find out whether the application of PBL is able to improve learning activities and student learning outcomes. This research is a PTK type which involves one class. This research was conducted in two cycles where each cycle has the same activity stages, namely Planning, Implementation, Observation and Reflection. The subjects of this study were class VI students in the odd semester of the 2022/2023 school year with a total of 21 students consisting of 7 boys and 14 girls. The classical completeness criterion in mathematics is 65%. Data collection techniques used: (1) Observation sheets of student activity when giving action through observation. (2) Data on students' mathematics learning outcomes were obtained from the learning outcomes test cycle 1 and cycle 2 after being given treatment. The results of this study show that: (1) There was an increase in students' learning activities in the mathematics learning process in cycle 1. Student activity increased by 62.5% in cycle 2 to 70% included in the active category. (2) Student learning outcomes have increased, where cycle 1 reaches 61.9% or 15 students can achieve learning mastery at moderate criteria and in cycle 2 it increases to 76.2% or 18 students achieve learning mastery with high criteria . So it can be concluded that the application of the PBL model is able to increase learning activities and learning outcomes of students in mathematics class VI SD.
Legitimate Interest of Coastal States in Seabed Mining: Indonesia's Practice Puspitawati, Dhiana; Susanto, Fransiska Ayulistya; Rusli, Mohd Hazmi Mohd; Fadli, Moh.
Hasanuddin Law Review VOLUME 9 ISSUE 3, DECEMBER 2023
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v9i3.4116

Abstract

This paper focuses on the utilization of sea mineral resources in areas within national jurisdiction and in the international seabed area (hereafter known as the Area). It discusses Indonesian laws relevant to seabed mining and the need for such laws to take into consideration the maritime zones and activities in the Area, as stipulated by UNCLOS 1982. This paper begins with the identification of potential sea minerals both within national jurisdiction and in the Area. Next, it analyzes the international legal framework on seabed mining, including a discussion on the meaning of "legitimate interests of coastal States" and on the participation of developing states in the Area, as stipulated in Article 142 and 148 of UNCLOS 1982. Then, the national legal framework relating to seabed mining is discussed. Using the juridical-normative method, this paper finds that Indonesia does not currently have comprehensive national regulations covering seabed mining within its jurisdiction and in the Area. Although there is a presidential decree on the exploitation of sea sand, it is limited to institutional arrangements and only focuses on sea sand. Thus, this paper recommends the formulation of national regulations regarding the use of the seabed, both within and beyond national jurisdiction.
Co-Authors Aan Eko Widiarto Adi Kusumaningrum Afifah Kusumadara Airin Liemanto Al-Uyun, Dhia Amimakmur, Satria Amiputra Andriana, Desmilia Eka Anggoro, Syahriza Alkhoir Antari, Putu Eva Ditayani Arhanudin, Arhanudin Atnawi, Atnawi Darsikin Darsikin Dhiana Puspitawati Djajadikerta, Hadrian Geri Fadila Fadila, Fadila Fatansya, Moh. Reza Fitria Esfandiari Hulwanullah, Hikam Hutahayan, Benny I Wayan Widiana Ilmuddin, Ilmuddin Indah Dwi Qurbani Iwan Permadi Jamil Jamil Jundiani Jundiani Khusaisni, Moh. Kurniaty, Rika Marungkil Pasaribu Moh. Mudassir Ali Muchamad Ali Safaat Muhtar Said, Muhtar Mukhlishi, Mukhlishi Mustafa Lutfi Nasril, Moh. Ngesti Dwi Prasetyo Praja Dewa, Andiko Febrian Putri, Luh Putu Yeyen Karista Rachmawati, Suci Reka Dewantara Rian Christian Sondakh Riana Susmayanti Rusli, Mohd Hazmi Mohd Shinta Hadiyantina Sholahuddin Al-Fatih Suardi Laheng, Suardi Sudarman, Ilman Supandi Supandi Suryono Hadi, Yoos Susanto, Fransiska Ayulistya Tegnan, Hilaire Tumanggor, Manumpan S. Tunggul Ansari Setia Negara Tunggul Anshari Setia Negara, Tunggul Anshari ul-Haq, Hayyan