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All Journal Jurnal Dinamika Hukum Diponegoro Law Review Jurnal Pengabdian Hukum Indonesia (Indonesian Journal of Legal Community Engagement) JPHI Sociological Jurisprudence Journal BHUMI: Jurnal Agraria dan Pertanahan Media Iuris Notaire Jurnal Pertanahan Administrative and Environmental Law Review Veteran Society : Jurnal Pengabdian Masyarakat Yuridika Perspektif Hukum Journal of Fisheries & Marine Jurnal Pertanahan Jurnal Kajian Hukum dan Sosial
Oemar Moechthar
Faculty Of Law, Airlangga University
Religion Agriculture, Biological Sciences & Forestry Humanities Biochemistry, Genetics & Molecular Biology Earth & Planetary Sciences Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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FAST TRACK LEGISLATION WITHOUT A LEGAL TRACK: A COMPARATIVE CRITIQUE OF ACCELERATED LAW-MAKING IN INDONESIA AND OTHER JURISDICTIONS Kaharuddin Kaharuddin; Oemar Moechthar; Agus Sekarmadji; Dinar Karunia; Dwi Rahayu Kristianti; Ekawestri Prajwalita Widianti; Ave Maria Frisa Katherina; Yogi Hidayat
Diponegoro Law Review Vol 10, No 2 (2025): Diponegoro Law Review October 2025
Publisher : Fakultas Hukum, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/dilrev.10.2.2025.199-216

Abstract

This study critically examines the trend of "fast-track legislation" in Indonesia, particularly focusing on the Omnibus Law on Job Creation, the IKN Law, and the 2024 Constitutional Court Law. While fast-track legislation is often used as a tool for crisis management, Indonesia’s approach raises significant concerns due to its lack of a formal procedural framework. Unlike mature democracies such as the United Kingdom, the United States, and New Zealand, which have regulated systems for expedited law-making, Indonesia’s fast-track process is largely unregulated and accelerates policy changes without proper public scrutiny. The study uncovers a troubling pattern where speed becomes a substitute for thorough deliberation, leading to a democratic deficit and allowing executive power to bypass essential checks and balances. By comparing Indonesia’s practices with those of established democracies, the research highlights that fast-track mechanisms can be effective when guided by clear legal standards, judicial review, and transparency. However, Indonesia’s current system risks undermining democratic accountability, as urgency is often used as a tool to avoid public participation and scrutiny. The article concludes by calling for the urgent codification of a transparent, participatory framework for expedited legislation within Indonesia’s existing legal structures. This framework should define criteria for urgency, ensure procedural safeguards, and prioritize public involvement, ultimately ensuring that the pursuit of speed does not come at the cost of democratic integrity.
Pre-Project Selling in a Property Business: The Perspective of Islamic Law Agus Sekarmadji; Regine Wiranata; Oemar Moechthar
Justicia Islamica Vol 18 No 1 (2021)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v18i1.2247

Abstract

Actors in the real estate market have developed a marketing strategy in the form of pre-project selling. This strategy is conducted to perform a market test for any property a developer intends to market. However, in practice, the system often poses problems, such as misrepresenting the property and inflicting customers' financial losses. From the perspective of Islamic law, this type of transaction is characterized as gharar (uncertainty, deception, and risk), having no exact object, and having forbidden. This article uses a Sharia-based perspective to analyze the characteristics of pre-project selling. This research aims to determine the legality of pre-project selling under Sharia law and prescribe solutions for society. The method used in this article is legal research, using legislation-based, conceptual, and case-based approaches, along with a comparison of national legislation with the written text of the al-Qur’an and hadith. The paper concludes that while pre-project selling should not be legally banned, there need steps taken to reduce its risks. This could be applied, for example, by creating minimum prerequisites for allowing pre-project selling, such as the existence of a plot for construction or the requirement of permits to be obtained before the pre-project sale. This research contributes to the development of legal science in general and Islamic jurisprudence, especially regarding Islamic law agreements' validity.
The Law Principles for Village-Owned Enterprises (BUMDes) Managementin Indonesia to Improve the Village's Economy Sri Winarsi; Agus Widyantoro; Oemar Moechthar
Sociological Jurisprudence Journal Vol. 1 No. 2 (2018)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.1.2.735.130-136

Abstract

Toward the increase in village revenue sources, a post of published Law No. 6/2014 concerning Village, it is confirmed that the village can establish village-owned enterprises (BUMDes) based on family spirit and cooperativeness. Besides, BUMDes can run a business in the field of economic and/or public service in accordance with the provisions of the legislation. BUMDes is established by the village government to utilize all potential economic, institutional, natural, and human resources in order to improve the welfare of the villagers. In fact, implementation of the BUMDes management in some areas is not fully optimized, in many cases the problem is corruption. Therefore, we need a good management or governance practices to improving the livelihoods of the village. The study used statute approach, conceptual approach, and case approach. The conclusions of this study are directed to apply the concepts of strengthening national laws relating to the management of BUMDes in order to strengthen the village's economy in Indonesia and to achieve empowerment of rural community and reduce corruptionthat often occurs and harm the economy of the village.
Co-Authors Agus Sekarmadji Agus Widyantoro Akmal Alwi Husein, Mohamad Alwi Husein, Mohamad Akmal Angela Melani Widjaja Arif Firmansyah Ave Maria Frisa Katherina Carattri Kusuma Werdani, Money Diah Anggraini Wulandari Dimipta Aprilia Dinar Karunia Dwi Rahayu Kristianti Dwi Yuli Pujiastuti Dwitha Nirmala Ekawestri Prajwalita Widianti Ellyne Dwi Poespasari Endi Rahmantyo, Lastiko Erlisa Akhlakul Karimah Ghansham Anand Hidayat, Yogi Indira Retno Aryatie Kaharuddin Kaharuddin Kaharuddin Karunia, Dinar Katherina, Ave Maria Frisa Khadijah Zai Khadijah Zai Laksmi Sulmartiwi MA'RUF, ALI Maria Frisa Katherina, Ave Maulida Agustina Maulida Agustina Mohamad Akmal Alwi Husein Money Carattri Kusuma Werdani Mubarok, Shofy N. Juni Triastuti Nuzil Romadhoni, Puput Patmawati Patmawati Patmawati Patmawati, Patmawati Puspitaningsih , Devi Putri, Ervita Septyanto Raseetha Siva Raseetha, Siva Regine Wiranata S.Pi., M. Si, Patmawati Sampe, John Roberto Shofy Mubarok Siva, Raseetha Soelistyowati Soelistyowati Sri Hajati Sri Winarsi Tomi Hidayatullah Trisadini Prasastinah Usanti Wulandari, Diah Anggraini Yakin, Moh. Ainul Yogi Hidayat zai, Khadijah