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All Journal Syiar Hukum: Jurnal Ilmu Hukum Halu Oleo Law Review Jurnal Hukum Positum Jurnal Justitia : Jurnal Ilmu Hukum dan Humaniora Jurnal Yustitia AJAD : Jurnal Pengabdian kepada Masyarakat
Tahir, Erdin
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Humanities Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Other

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Journal : Jurnal Yustitia

 1 
PEMAKNAAN PANCASILA DALAM SISTEM HUKUM INDONESIA Tahir, Erdin
Yustitia Vol. 9 No. 2 (2023): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v10i2.194

Abstract

As the principle of the state, the position of Pancasila as the source of all sources of law has to be manifested in the national legal system, as a legal ideal (rechtside) of the nation and state, which not only as the basis to evaluate and harmonize all laws and regulations in order to not disaccord with the values contained in Pancasila but more than that the values of Pancasila have to be reflected and translated into the legislation itself. In practice in Indonesia, the construing of Pancasila into law regulates almost all lines of the life of the nation and state, ranging from state affairs, political affairs, economic affairs, religious affairs, and legal affairs, to social affairs, all of these affairs must not conflict with Pancasila. Even to solve conflicts at the community scale, Pancasila is used. Considering how vital and important the values of Pancasila are to the life of the nation and state, it is a given that every legislation should include the values contained in each of the precepts of Pancasila. Therefore, institutionally, it is the duty of both the Legislature and Executive to jointly ensure that the values of each precept in Pancasila are included in the law in accordance with the interests of the Indonesian people.
MODEL-MODEL PENILAIAN SENGKETA TINDAKAN FAKTUAL OLEH HAKIM PENGADILAN TATA USAHA NEGARA Tahir, Erdin; Fathammubina, Rohendra; Arifin, Jajang
Yustitia Vol. 10 No. 2 (2024): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v10i2.284

Abstract

The presence of Law No. 30 of 2014 on Government Administration that expands the meaning of state administrative decisions is not only interpreted as decisions in written form but includes factual actions. This of course also expands the authority of the State Administrative Court (PTUN). However, factual actions are not expressly mentioned in the Law. Therefore, what is interesting in this article is to clarify what factual action means. Then analyze the judge's style in deciding the object of the factual action dispute. The results of this study resulted in two conclusions, first, there are six characteristics of factual actions, namely actions or actions in public jurisdiction, actions or actions that are concrete/real, carried out by government officials/bodies, do not have legal effects, and cause factual effects. Second, there are five models of assessment of factual actions by judges at the PTUN. These five models of assessment are carried out on the same object of dispute, but PTUN judges have different grounds for consideration in deciding cases of factual action disputes. This assessment model is carried out on six PTUN decisions as material for study in this article. So that knowing the judge's assessment models, strengthens our understanding of the resolution of factual action disputes both in terms of concepts and practices at the PTUN
IMPLEMENTASI ASURANSI USAHA TANI PADI SEBAGAI PERLINDUNGAN HUKUM BAGI PETANI DI KABUPATEN KARAWANG AKIBAT BENCANA BANJIR Tahir, Erdin; Setiady, Tri; Fadhilah, Meita
Yustitia Vol. 11 No. 2 (2025): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v11i2.399

Abstract

This study aims to examine the implementation of the Rice Farming Insurance Programme (AUTP) in Karawang Regency as part of the legal protection provided by the government. Karawang Regency is known as a rice-producing area and a national granary that has significantly contributed to the national rice supply. However, geographically, Karawang Regency is relatively low-lying and susceptible to flooding, where a portion of the rice fields experiences inundation during the rainy season, resulting in crop failure (puso). Consequently, the AUTP programme is highly beneficial for farmers in managing risks and losses. This research employs an empirical normative legal methodology, focusing on the analysis of legal norms as well as their application and implementation. The findings indicate that the AUTP programme in Karawang Regency serves as legal protection for farmers against the risks of crop failure due to flood disasters. From 2020 to 2024, the local government allocated a budget of IDR 3.203.843.040 for the AUTP programme, with claims made for 1.914,96 hectares and a total indemnity paid amounting to IDR 11.492.160.000. Furthermore, in 2024, the local government of Karawang Regency allocated IDR 1.440.000.000 in the regional budget for 40.000 hectares of rice fields within the AUTP programme. Keywords: Crop failure; Floods; Insurance; Legal Protection.
Co-Authors Alaqab, Bian Fadhilah, Meita Fathammubina, Rohendra Jajang Arifin Salwa Agustin, Fahriyah Tri Setiady, Tri Zamzam, Anna Nur