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All Journal Diktum Jurnal Dinamika Hukum Rechtsidee Ajudikasi : Jurnal Ilmu Hukum Awang Long Law Review JURNAL ILMIAH ADVOKASI International Journal of Demos Jurnal Supremasi International Journal of Science and Society (IJSOC) PATTIMURA Legal Journal Ranah Research : Journal of Multidisciplinary Research and Development Indonesian Journal of Studies on Humanities, Social Sciences and Education
Amin, Fakhry
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Religion Humanities Chemical Engineering, Chemistry & Bioengineering Civil Engineering, Building, Construction & Architecture Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Materials Science & Nanotechnology Public Health Social Sciences Transportation Other

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Nilai Pancasila dalam Metode Penemuan Hukum: Orientasi dan Konstruksi Nilai Pancasila dalam Rechtsvinding Amin, Fakhry
Ajudikasi : Jurnal Ilmu Hukum Vol. 7 No. 2 (2023): Ajudikasi : Jurnal Ilmu Hukum
Publisher : Universitas Serang Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30656/ajudikasi.v7i2.7655

Abstract

This study examines the role of Pancasila values in the process of legal discovery or rechtsvinding in Indonesia. Pancasila, as the foundational philosophy of the Republic of Indonesia, holds a crucial position in shaping the nation's identity, character, and developmental direction. Beyond being a philosophical underpinning of the state, Pancasila's values serve as guiding principles in the life of the nation, state, and society. Within the legal context, Pancasila is highly relevant in the rechtsvinding process, which involves searching for laws related to specific cases or situations.The research utilizes normative methods with a philosophical and analytical approach. Data is gathered through literature studies, analyzing legal norms, regulations, and relevant legal works. The primary goal is to analyze how Pancasila values manifest in the rechtsvinding approach and their impact on legal stability and justice in the Indonesian legal system.The study findings reveal that Pancasila values play a central role in the rechtsvinding process. These values influence the interpretation and application of the law by judges and legal practitioners. The 1945 Constitution reflects Pancasila values in its principles that form the basis of state law and policy. Articles within the constitution embody Pancasila values like social justice, balance of rights and responsibilities, and human rights protection. Furthermore, Pancasila values significantly contribute to legal stability, fostering certainty and harmony in the Indonesian legal system. The integration of Pancasila principles in the rechtsvinding process guides decision-making with a focus on justice, unity, and equality.
Politik Hukum Pengaturan Kampanye Berbasis Keadilan dalam Pemilihan Umum di Indonesia Amin, Fakhry; Ester Hayatulah, Getah
Jurnal Supremasi Volume 14 Nomor 1 Tahun 2024
Publisher : Fakultas Hukum, Universitas Islam Balitar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35457/supremasi.v14i1.3394

Abstract

General elections in Indonesia as a pillar of democracy, view political campaigns as the main means of introducing candidates and political parties. However, campaigns must be based on the principles of justice and fair law to maintain the integrity of democracy. Major challenges arise in maintaining campaign fairness, especially regarding campaign fund transparency. This research uses normative legal methods by analyzing legal norms related to campaigns in general elections. The results show that laws and regulations, such as Law No. 7/2017 on General Elections and KPU Regulation No. 23/2018, aim to maintain fairness in political campaigns, although there are still implementation barriers, such as unequal access to resources, lack of transparency in campaign fund arrangements, and uneven media access. The issue of spreading false information or hoaxes is also a concern in political campaigns.
ELECTIONS AND THE DIGITAL CAMPAIGN CODE OF ETHICS: EFFORTS TO CREATE A CAMPAIGN BASED ON DIGNIFIED JUSTICE Razak, Askari; Amin, Fakhry
Awang Long Law Review Vol. 6 No. 1 (2023): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v6i1.1098

Abstract

Elections, as a cornerstone of democracy, are encountering unprecedented challenges in maintaining ethical standards and justice values, primarily due to the surge in digital campaigning. Ethical concerns arising from the unregulated use of digital campaign media underscore the urgent need to formulate and implement a Digital Campaign Code of Ethics. This code is envisioned as a guide to integrity for political communicators in the digital space. The research explores the imperative nature of establishing a digital campaign code of ethics to foster responsible election campaigns reflective of justice and dignity. It also seeks to identify challenges and obstacles associated with its implementation. Using a legislative and conceptual approach, this normative legal research scrutinizes regulations related to elections and campaigns, reviewing legal doctrines and principles pertinent to forming a digital campaign code of ethics. Primary and secondary legal materials are collected, analyzed descriptively and analytically, and formulated into logical arguments to address legal issues. The findings emphasize the critical urgency of a digital campaign code of ethics in realizing responsible election campaigns aligned with justice and dignity. The prevalence of digital media and social networks as primary campaign channels heightens the risk of these campaigns becoming tools to advance specific interests without considering justice. The code of ethics is deemed essential to provide legal certainty, delineate ethical boundaries, and prevent the misuse of digital media. Additionally, it guides campaign participants to engage in political competition with integrity and dignity. However, the challenges associated with implementing digital ethics codes are complex. Control over ethical standards is challenging due to the swift dissemination of campaign content, delayed oversight and sanctions, and social media's vulnerability to misinformation and personal attacks. Active cooperation among authorities, election organizers, and social media platforms is crucial for effective monitoring and response to digital campaign content that violates ethical standards.
CULTURAL HERITAGE PRESERVATION THROUGH COMMUNITY ENGAGEMENT A NEW PARADIGM FOR SOCIAL SUSTAINABILITY Usmaedi; Lansiwi, Muhammad Amin; Studyanto, Anung B; Gymnastiar, Iman Ahmad; Amin, Fakhry
Indonesian Journal of Studies on Humanities, Social Sciences and Education Vol. 1 No. 2 (2024): Indonesian Journal of Studies on Humanities, Social Sciences, and Education (IJ
Publisher : GoAcademica CRP

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54783/cv5q0011

Abstract

Cultural heritage preservation is crucial for maintaining social sustainability, particularly through community engagement. This study examines the new paradigm of involving communities in the preservation of cultural heritage, exploring how their participation contributes to social sustainability. Utilizing a mixed-methods approach, this research includes qualitative interviews with community members and stakeholders, as well as quantitative analysis of preservation outcomes. Findings indicate that active community involvement enhances the effectiveness of preservation efforts, fosters a sense of ownership, and promotes cultural continuity. This paper aims to provide insights and practical recommendations for policymakers and heritage conservationists to strengthen community-based preservation initiatives.
Strategi Perlindungan Hukum Bagi Nelayan Dalam Menjamin Keberlanjutan Usaha Perikanan Tangkap Yasser Arafat; Amin, Fakhry
Diktum: Jurnal Ilmu Hukum Vol. 11 No. 1 (2023): Mei 2023
Publisher : Universitas Pancasakti Tegal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24905/diktum.v11i1.246

Abstract

Indonesia's abundant potential wealth of fishery resources should be a paradise for fishermen. However, it turns out that the condition that occurs is that many fishermen are actually below the poverty line. In Tarakan, a number of fishermen switched professions to become seaweed cultivators because they thought they could earn higher incomes. This shows that there is a problem with the sustainability of the capture fisheries business. Therefore the government needs to provide protection for fishermen to ensure the sustainability of the capture fisheries business. The purpose of this research is to examine the fishermen's protection strategy that needs to be carried out on the problems faced by fishermen based on the applicable laws and regulations. The research method uses normative legal research by examining the sources of primary and secondary legal materials with analytical techniques using the syllogism method and interpretation methods using deductive thinking patterns. The results of this study indicate that the Central and Regional Governments need to develop a strategic plan for the protection of fishermen which includes the provision of infrastructure and facilities for fishing business, business certainty guarantees, fishing risk guarantees, elimination of high economic cost practices, control of imports of fishery commodities, guarantees of security and safety, and facilitation and legal assistance. At the regional level, strategic plans for protecting fishermen need to be contained in regional regulations.
REFORMULATION OF REGULATIONS ON STRUCTURED, SYSTEMATIC, AND MASSIVE CRIMES IN ELECTION DISPUTE RESOLUTION Amin, Fakhry
Jurnal Ilmiah Advokasi Vol 12, No 4 (2024): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v12i4.5765

Abstract

Election result disputes often lead to structured, systematic, and massive (TSM) crimes that harm democracy and the nation. The regulations concerning TSM crimes in the Election Law are considered weak, necessitating reformulation to more effectively prevent and eradicate such practices. This research aims to identify the weaknesses in the regulation of TSM crimes in election result disputes and to formulate appropriate regulations to combat these practices. The study employs a normative legal method with statutory and conceptual approaches to examine the regulation of TSM crimes in election result disputes. The legal materials consist of legislation and academic literature, analyzed qualitatively normatively. The research findings indicate that the main weaknesses in the current TSM regulations are the unclear definitions and the insufficient criminal sanctions that fail to deter. The proposed reformulation includes providing an operational definition of TSM, increasing minimum sanctions, expanding the subjects of criminal acts to include corporations, regulating the concurrence of articles, expanding the authority of investigators, and enhancing inter-institutional cooperation. With these reforms, it is expected that TSM practices in elections can be more effectively prevented and eradicated. Keywords: Structured, Systematic, Massive, Election, Crime, Sanctions, Regulation.
INNOVATIVE APPROACHES TO ADDRESSING EDUCATIONAL INEQUITIES LESSONS FROM INDONESIA'S REMOTE LEARNING PROGRAMS Amin, Fakhry
Indonesian Journal of Studies on Humanities, Social Sciences and Education Vol. 1 No. 2 (2024): Indonesian Journal of Studies on Humanities, Social Sciences, and Education (IJ
Publisher : GoAcademica CRP

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54783/k9rkz045

Abstract

Educational inequities remain a significant challenge in Indonesia, particularly in remote and under-resourced areas. The advent of remote learning programs has presented new opportunities to bridge these gaps, especially during the COVID-19 pandemic. This study explores innovative approaches within Indonesia's remote learning initiatives aimed at addressing educational disparities. Through a comprehensive literature review and analysis of case studies, the research identifies key strategies and their effectiveness in promoting equitable access to quality education. Findings indicate that technology integration, community involvement, and adaptive learning methodologies play crucial roles in enhancing educational outcomes. Despite the progress, challenges such as limited internet access and insufficient teacher training persist. The study underscores the importance of targeted policies and sustainable practices to ensure the long-term success of remote learning programs. This paper provides valuable insights for policymakers, educators, and stakeholders aiming to mitigate educational inequities and foster inclusive education in Indonesia.
The Role of Artificial Intelligence in Advancing Public Services: Opportunities and Ethical Challenges Amin, Fakhry; Simon, John Christianto; Nur, Muh.; Fauzih; Nurhamzah
International Journal of Science and Society Vol 7 No 1 (2025): International Journal of Science and Society (IJSOC)
Publisher : GoAcademica Research & Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54783/ijsoc.v7i1.1407

Abstract

The advancement of artificial intelligence (AI) has brought significant changes in various sectors, including public services. The implementation of AI in the government sector has the potential to increase efficiency, transparency, and speed of services to the public. However, the application of AI also raises various ethical challenges, such as personal data protection, potential algorithmic bias, and accountability in decision-making. This study aims to analyze the role of artificial intelligence in advancing public services and identify ethical opportunities and challenges that arise in the implementation process. The research method used is a qualitative approach, which involves reviewing various sources, such as previous research results, academic studies, and relevant policy documents. The collected data was analyzed systematically to identify key patterns and ethical implications related to the application of AI in the public sector. The results of the study show that AI has the potential to increase the efficiency of public services, but challenges related to privacy, transparency, and accountability are still major obstacles. The readiness of infrastructure and human resources are key factors in implementing AI in government bureaucracy. Therefore, strict regulations, cross-sector collaboration, and ongoing supervision are needed to ensure the ethical and equitable implementation of AI.
Peran Mahkamah Konstitusi dalam Menjaga Prinsip Konstitusionalisme di Indonesia: Studi Putusan Judicial Review Tahun 2019–2024 Amin, Fakhry
Ranah Research : Journal of Multidisciplinary Research and Development Vol. 7 No. 6 (2025): Ranah Research : Journal Of Multidisciplinary Research and Development
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/rrj.v7i6.1856

Abstract

The Constitutional Court holds a strategic position as the guardian of the constitution in the Indonesian state system. One of the main instruments for carrying out this role is the authority of judicial review of the 1945 Constitution of the Republic of Indonesia. This study aims to analyze the extent to which the Constitutional Court has carried out its function of safeguarding constitutionalism through judicial review decisions during the period 2019 to 2024. This study uses a juridical-normative approach by analyzing the legal norms contained in the constitution and various relevant Constitutional Court decisions. The results show that the Constitutional Court has demonstrated a commitment to the principles of constitutionalism, despite some dynamics and controversies in its practice in interpreting the constitution. This study emphasizes the importance of the Constitutional Court's consistency and courage in maintaining the supremacy of the constitution amidst political and social pressures.
Political Interests Versus the Supremacy of Law: A Critical Review of Constitutional Law Regarding the Abolition of Tom Lembong and Amnesty for Hasto Kristiyanto Amin, Fakhry; Ezzerouali, Souad Ahmed
PATTIMURA Legal Journal Vol 4 No 3 (2025): December 2025 PATTIMURA Legal Journal
Publisher : Postgraduate Program Doctoral in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pela.v4i3.21292

Abstract

Introduction: The President's authority to grant amnesty and abolition is a constitutional prerogative that provides flexibility in resolving legal issues with political and social implications, such as reconciliation and conflict resolution. Purposes of the Research: This research aims to provide a critical analysis regarding the granting of amnesty to Hasto Kristiyanto and the abolition granted to Tom Lembong from the perspective of constitutional law. Methods of the Research: This research is a normative legal study with a conceptual and legislative approach. Results Main Findings of the Research: The constitutional authority of the President to grant amnesty and abolition is a prerogative right that provides flexibility and special power to resolve legal issues related to political and social dimensions, such as reconciliation and conflict resolution. The case of granting amnesty to Hasto Kristiyanto and abolition to Tom Lembong has sparked a debate about the balance between the supremacy of law and political interests, where the decision has the potential to mature the subordination of law to political interests, thus demanding transparency and accountability so that the President's prerogative is not misused for short-term political gain. Therefore, a checks and balances mechanism involving the House of Representatives and high transparency must be implemented so that the President's authority can be exercised in an accountable manner and in favor of the people's interests as a whole.
Co-Authors Alamsyah, Syahrul Ezzerouali, Souad Ahmed Fauzih Getah Ester Hayatulah Gymnastiar, Iman Ahmad John Christianto Simon Lansiwi, Muhammad Amin Muhsin Efendi Nur, Muh. Nurhamzah Nurhamzah, Nurhamzah Nurhidayati Nurhidayati Rahayu, Riva Razak, Askari Solapari, Nuryati Studyanto, Anung B Tituk Utari Usmaedi Yasser Arafat