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The Future of National Security Law: Urgence and Ideas Kriswanto, Kriswanto; Rizqi, Alda Rifada; Huda, Muhammad Maftahul
SASI Volume 29 Issue 3, September 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v29i3.1509

Abstract

Introduction: Sishankamrata is Indonesia's defence and security system that optimizes all nation components to maintain its existence. Sishankamrata emphasizes the collaboration and participation of citizens and related institutions. However, there was a legal vacuum before the National Security Law was enactedPurposes of the Research: This study seeks to discuss and analyze the urgency of the formation of the National Security Law to make the implementation of Sishankamrata successful.Methods of the Research: This research is normative legal research with a statutory and conceptual approach. The legal materials in this study include the 1945 Constitution of the Republic of Indonesia and the law governing national defence as the primary legal material. Secondary legal materials include books, articles, and research results. Non-legal materials include all non-legal studies related to national defence.Results of the Research: The results of the study confirm that the legal vacuum of the National Security Law needs to be overcome with the immediate ratification of the Law by emphasizing the urgency of enacting the Law through political will between the President and the DPR. In the future formulation, the Law must be reviewed formally and materially, especially by involving community participation and substantively guaranteeing the rights of the community in Sishankamrata.
MENAKAR PROGRESIFITAS LEMBAGA PERADILAN DALAM MEWUJUDKAN DEMOKRASI BERINTEGRITAS Rizqi, Alda Rifada
PROGRESIF: Jurnal Hukum Vol 12 No 2 (2018): PROGRESIF: Jurnal Hukum
Publisher : Fakultas Hukum Universitas Bangka Belitung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33019/progresif.v12i2.973

Abstract

Democracy with integrity will be realized if carried out in accordance with the will of the people as holders of sovereignty, the KPU (Komisi Pemilihan Umum) as the election organizer has the authority to make regulations that support a better democracy. KPU (Komisi Pemilihan Umum) Regulation No. 20 of 2018 as evidence that the KPU is committed to participating in preventing corrupt behavior. It was considered to have been considered as an effort to protect the interests of the people, but the regulation was submitted to a judicial review at the Supreme Court. Then, based on legal-formal considerations and based on the legal positivism of the Supreme Court, the request for the test is granted. The decision distanced itself from progressive legal values that justified the denial of what was regulated in legislation in order to put forward the values of public justice, because basically the law was made to fulfill human interests, accommodating the will of the people for the sake of order.
Meaningful Participation in Local Regulation Making in Indonesia: A Study of Legislative Law: Meaningful Participation pada Pembuatan Peraturan Daerah di Indonesia: Sebuah Kajian Hukum Perundang-undangan Rizqi, Alda Rifada
Rechtsidee Vol. 10 No. 2 (2022): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v11i0.801

Abstract

The meaningful participation aspect is one of the conceptions born after the Constitutional Court's decision regarding job creation law. It is carefully considered, as well as the right to obtain answers and justifiable reasons for the aspirations that have been conveyed. This study examines the application of meaningful participation in forming Regional Regulations. This research is normative legal research with a concept and statutory approach. The research results confirm that meaningful participation must also be applied in preparing regional regulations as part of the legislation. In this case, meaningful participation in the drafting of Regional Regulations must also be proportional and meaningful in taking into account the dimensions and aspects of local wisdom in the regions. In a further application, the idea of meaningful participation needs to be strengthened in preparing regional regulations and regional legal products by emphasizing the meaningful participation aspect in the Permendagri regional legal products. That is so that the idea of meaningful participation can be adhered to by the regions in drafting regional legal products, particularly in drafting regional regulations.