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All Journal Pandecta Spektrum Hukum LEGITIMASI: Jurnal Hukum Pidana dan Politik Hukum Rechtsidee Jurnal IUS (Kajian Hukum dan Keadilan) Ajudikasi : Jurnal Ilmu Hukum Substantive Justice International Journal of Law Jambe Law Journal Jurnal Ilmiah Penegakan Hukum Kosmik Hukum Pena Justisia: Media Komunikasi dan Kajian Hukum Al-Syakhsiyyah : Journal of Law and Family Studies JURNAL USM LAW REVIEW Jurnal Suara Hukum Istinbath : Jurnal Hukum Batulis Civil Law Review PATTIMURA Legal Journal Jurnal Legisia RechtIdee SASI Journal of Law and Legal Reform Lex Scientia Law Review Indonesian State Law Review (ISLRev)
Disantara, Fradhana Putra
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Religion Humanities Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Relasi Kekuasaan Antar Presiden dan Wakil Presiden dalam Sistem Ketatanegaraan Republik Indonesia Widodo, Hananto; Prasetio, Dicky Eko; Disantara, Fradhana Putra
Pandecta Research Law Journal Vol 15, No 1 (2020): June
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.v15i1.24554

Abstract

Relasi kekuasaan antar Presiden dan Wakil Presiden dalam sistem ketatanegaraan Indonesia selama ini dapat dikatakan selalu mengalami pasang surut. Persoalan ini disebabkan pengaturan kewenangan Wakil Presiden dalam UUD NRI Tahun 1945 tidak jelas. Penelitian ini bertujuan untuk menganalisis implikasi yuridis dari kekaburan kewenangan Wakil Presiden serta memberikan rekomendasi ke depan bagaimana seyogyanya kewenangan Presiden dan Wakil Presiden dapat diatur dan dilaksanakan secara proporsional. Penelitian ini merupakan penelitian hukum normatif dengan bahan hukum primer berupa UUD NRI 1945 dan bahan hukum sekunder berupa buku dan artikel jurnal berkaitan dengan kewenangan Wakil Presiden. Dari penelitian ini dapat disimpulkan bahwa pengoptimalan kewenangan Wakil Presiden dapat dilakukan dengan mengaturnya di dalam Undang-Undang Lembaga Kepresidenan yang diharapkan dapat membagi secara proporsional kewenangan Presiden dan Wakil Presiden. Oleh karena itu, diharapkan supaya pengaturan Kewenangan Wakil Presiden diatur secara pasti dalam aturan hukum supaya tidak tergantung pada praktik ketatanegaraan serta faktor non hukum, yaitu faktor politik.  Mengingat pentingnya fungsi Wakil Presiden dalam sistem ketatanegaraan Republik Indonesia maka alangkah baiknya, Undang-Undang Lembaga Kepresidenan yang mengatur mengenai pembagian wewenang antar Presiden dan Wakil Presiden segera dibentuk. The power relations between the President and Vice President in the Indonesian constitutional system so far can be agreed to always overcome the ups and downs. The 1945 Constitution of the Republic of Indonesia is unclear. This study aims to analyze the juridical implications of the obscurity of the Vice President’s authority and give approval to the front regarding the authority of the President and Vice President to be able to regulate and implement proportionality. This research is a normative legal research with primary legal material in the form of the 1945 Constitution of the Republic of Indonesia and secondary legal material containing books and journal articles about the authority of the president’s representative. From this research it can be concluded that optimizing the authority of the Vice President can be done with a license in the Law on Presidential Institutions which is expected to allocate proportional authority to the powers of the President and Vice President. Therefore, it is hoped that the Vice President’s licensing can be regulated in regulating legislation not dependent on state administration and non-legal factors, namely political factors. Considering the importance of the function of the Vice President in the constitutional system of the Republic of Indonesia, it would be nice, the Law on Presidential Institutions governing the distribution of powers between the President and the Vice President was immediately formed.
Problematik Kepastian Hukum Darurat Kesehatan Masyarakat Pada Masa Pandemi COVID-19 Widodo, Hananto; Disantara, Fradhana Putra
Jurnal Suara Hukum Vol 3, No 1 (2021)
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v3n1.p197-226

Abstract

This research is normative research. The purpose of this research is to examine the emergency constitutional law related to the concept of health emergencies as referred to in Law No. 6 of 2018 concerning Health Quarantine; and provide comprehensive analysis and formulation related to future emergency law arrangements. The research method used in this research is a statute approach and a conceptual approach; by using primary and secondary legal materials. The results of this study are the legal implications related to the determination of the health emergency status based on Presidential Decree No. 11 of 2020 has created legal uncertainty, because the government has actually issued Government Regulation No. 21 of 2020 first; is not a Government Regulation on procedures for determining and revoking the status of determining health emergencies. On the other hand, the determination of public health emergencies is not synergistic with its implementation. Furthermore, an ideal arrangement is needed in the future related to public health emergencies in order to achieve legal certainty in public health emergencies. For this reason, a harmonization of the state of danger law is needed or the establishment of a danger state law such as the omnibus bill
REKONSTRUKSI SUBJECTUM LITIS: REFLEKSI PEMBUBARAN PARTAI POLITIK SECARA KONSTITUSIONAL Disantara, Fradhana Putra; Larasati, Niken; Wildani, Sahril; Hamid, Abdul; Valentino, Widhi
Jurnal Spektrum Hukum PMIH UNTAG Semarang Vol 19, No 1 (2022): SPEKTRUM HUKUM
Publisher : PMIH Untag Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35973/sh.v19i1.2262

Abstract

Human rights as citizens must be respected and guaranteed, one of which is political rights. The guarantee of human rights must be able to provide moral strength that is able to protect and guarantee human dignity based on the law, not on the basis of circumstances, wills, or certain political perspectives. Citizens' political rights are the right to take part in government and vote regularly on democratic mechanisms in a country, whether through election, regional head elections, or other elections. The political right is related to the right of citizens to play a role in efforts to make future arrangements for a state institution. At the moment the request for dissolution of political parties can only be done by the government. The dissolution of political parties in Indonesia is carried out by the Constitutional Court as one of the institutions of judicial power. The political rights of citizens should be made a priority in the dissolution mechanism of political parties. This research is a normative juridical study which outlines a comparison of the dissolution of political parties between Indonesia and Germany and Slovenia. In addition, the mechanism for future improvement is the dissolution of political parties to better guarantee the political rights of citizens.
IUS Constituendum Of Expert Advisor In Commodity Futures Trading: A Legal Certainty Kurniawan, I Gede Agus; Mau Lulo, Lourenco de Deus; Disantara, Fradhana Putra
Jurnal IUS Kajian Hukum dan Keadilan Vol. 11 No. 1: April 2023 : Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v11i1.1170

Abstract

This study aims to construct further arrangements regarding Expert Advisors in commodity futures trading. The legal issue being studied is the legal vacuum of regulating trading robot software or commonly known as an Expert Advisor in commodity futures trading. The novelty of this research is legal discovery through the legal construction of the development of Expert Advisors in commodity futures trading. The study confirmed that the urgency setting up an Expert Advisor as a futures adviser in commodity futures trading is needed in order to provide legal certainty for commodity futures transaction actors. Legal certainty related to the arrangement of Expert Advisors as futures advisers in commodity futures trading is also needed for CoFTRA as a supporting element of the Ministry of Trade as well as being a supervisor and enforcer of various legal provisions in the practice of commodity futures trading. Therefore, the supervision and enforcement process can be more optimal and guarantee legal certainty, benefits, and fairness for commodity futures trading actors. The Ius constituendum of expert advisor as an adviser in commodity futures trading to ensure legal certainty can be carried out by revising the Law on commodity futures trading, including conducting a judicial review at the Constitutional Court regarding the provisions in the Law on commodity futures trading.
The Reform of Consumer Protection Law: Comparison of Indonesia, Vietnam, and Ghana Kadir, M. Yakub Aiyub; Arifin, Miftah; Disantara, Fradhana Putra; Thuong, Mac Thi Hoai; Nutako, Briggs Samuel Mawunyo
Jurnal Suara Hukum Vol. 6 No. 2 (2024): Jurnal Suara Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v6n2.p255-278

Abstract

Consumer protection has become a major challenge in Indonesia, Vietnam, and Ghana, facing gaps in information, bargaining power, and access to legal justice, especially in the context of technological development and globalization. This research seeks to evaluate the comparison in the area of consumer protection law between Indonesia, Vietnam, and Ghana and what legal reforms can be adopted in the case of Indonesia from best practices in Vietnam and Ghana. The study is a normative legal research in which the conceptual and the regulatory approaches are utilized to assess the laws on consumers in Indonesia, Vietnam, Ghana, and by examining of different legal documents i.e. primary, secondary, and tertiary sources and after that employing descriptive qualitative analysis on the data. The results show that countries, including Indonesia, Vietnam, and Ghana vary widely across and between themselves regarding the nature of the laws, the supervision exercised, and even the enforcement of the laws. Indonesia is guided by the Consumer Protection Law (UUPK) with BPKN and BPSK as the overseeing bodies, while Vietnam is guided by the Law on Protection of Consumer Rights (LOPCR) which is enforced by the VCCA. Ghana which is at the moment developing a Consumer Protection Act is guided by the Food and Drugs Authority (FDA) in enforcing product supervision. All the three countries have a low consumer population even where the law is enforced and this has developed into a problem. In making practices and market interactions in Indonesia more transparent, it could apply solutions from Vietnam on information sharing and electronic dispute resolution and also consolidate the position of BPKN as it was done in Ghana in order to afford more efficient control over and defense of a digital market place against illicit activities
ISLAMIC LEGAL PHILOSOPHY : ETHICAL BASIS IN CORPORATE SOCIAL RESPONSIBILITY PRACTICES IN THE BUSINESS Radityo, Eka; Disantara, Fradhana Putra; Geraldha Islami Putra Disantara
Ajudikasi : Jurnal Ilmu Hukum Vol. 8 No. 2 (2024): Ajudikasi : Jurnal Ilmu Hukum
Publisher : Universitas Serang Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30656/ajudikasi.v8i2.9855

Abstract

The research aims to explore and analyze how Islamic legal philosophy principles can serve as a comprehensive ethical foundation in implementing Corporate Social Responsibility (CSR) to encourage meaningful and empowering business practices. This research uses normative legal research methods with conceptual and normative approaches, examining primary, secondary, and tertiary legal sources through literature study, to analyze Islamic legal philosophy principles as an ethical foundation in CSR practices. The research findings reveal that Islamic legal philosophy principles can serve as a comprehensive ethical foundation for Corporate Social Responsibility through a holistic approach integrating economic, social, and spiritual interests. Islamic values such as maqashid al-shari'ah, justice, trust, and social responsibility encourage companies to transcend financial profit orientation towards community empowerment and environmental preservation, emphasizing the balance between worldly and spiritual obligations. The implementation of Islam-based CSR not only creates harmonious relationships between companies and society but also supports global sustainable development agendas through ethical, transparent business practices with multidimensional positive impacts, thereby transforming CSR from a mere legal obligation into a meaningful instrument of social transformation..
Filsafat Keadilan Bermartabat Dalam Hukum Islam: Anatomi Hak Waris Dalam Prinsip Sapikul Sagendhongan Disantara, Fradhana Putra; neny, Neny rahmawati
Al-Syakhsiyyah: Journal of Law and Family Studies Vol. 6 No. 2 (2024)
Publisher : Faculty of Shariah UIN Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/syakhsiyyah.v6i2.10168

Abstract

Abstract : This research aims to analyze the principles of Islamic inheritance law and their relevance to customary law in society as well as the existence of distribution of inheritance based on the Sapikul Sagendhongan principle from an Islamic Law perspective. This research is normative legal research by prioritizing conceptual and statutory approaches. The results of the research confirm that there are eleven principles or principles in Islamic inheritance law which include: the principle of ijbari', bilateral, individual, balance, solely due to death, sincerity, self-servity, huququl maliyah or material rights, basic rights (huququn thaba 'iyah), dividing inheritance and benefit, where these eleven principles or principles are the basis for the implementation and regulation of Islamic inheritance law. In connection with the application of customary law practices in the distribution of inheritance, it can actually be seen from the theory of receptio in complex which was initiated by Van Den Berg, the theory of receptio exit which was developed by Hazairin, and the theory of receptio a contrario which was developed by Sayuti Talib which is actually a justification that Islamic law has validity. which sometimes manifests itself in customary law, such as the principle of Sapikul Sagendhongan as implemented by Javanese society. The existence of distribution of inheritance based on the Sapikul Sagendhongan principle viewed from the perspective of Islamic Law is actually no different from the distribution of inheritance in Islamic Law which mandates that men share more than women with the argument that men have greater responsibility. In this context, the distribution of inheritance based on the principle of sapikul sagendhongan actually has similarities with the distribution of inheritance based on Islamic law.
Consumer Protection in The Perspective Of Islamic Law: The Principle of Dignified Justice Wibowo, Dwi Edi; Disantara, Fradhana Putra
RechtIdee Vol 19, No 2 (2024): DECEMBER
Publisher : Trunojoyo Madura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/ri.v19i2.28253

Abstract

Consumer protection in the context of dignified justice does not only prioritize economics and business, but also considers respect for ethics and human values. Consumer protection from an Islamic legal perspective will prioritize the principle of dignified justice as its main basis. Justice in Islamic sharia does not only include fulfilling rights equally, but also regarding respect for human dignity as creatures of God, so that dignified justice in Islam is justice that collaborates moral, spiritual and social values to maintain a balance between rights and obligations. Islamic sharia not only protects consumers from material loss, but will also maintain human dignity as legal subjects, this is because Islam teaches the values of al-'ilah (justice), maslahah (benefit), hisbah (supervision), and their relevance to protection of consumer rights. The principle of dignified justice emphasizes that consumers' rights must be protected and treated with respect, including consumer rights to correct information, freedom from fraud, and guarantees of product quality. This research uses a philosophical normative approach which will discuss the importance of values in Islamic sharia to provide more fair protection for consumers. Therefore, integrating the principles of Islamic law into regulations governing consumer protection can be a strategic step to create dignified justice for all parties.
Coaching the Government Employee with Work Agreements: A Dignified Justice Perspective Firmansyah, Jaka; Disantara, Fradhana Putra; Ishwara, Ade Sathya Sanathana
Jurnal Ilmiah Penegakan Hukum Vol. 11 No. 2 (2024): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v11i2.12823

Abstract

The purpose of this study is to evaluate the implementation and identify the development of Government Employees with Work Agreements (PPPK) after the enactment of Law Number 20 of 2023 concerning State Civil Apparatus from the perspective of the theory of dignified justice. This normative legal research uses a legislative and conceptual approach, with primary and secondary legal sources, collected through literature studies and analyzed qualitatively. The results of the study explain that after the enactment of Law Number 20 of 2023 concerning State Civil Apparatus, the development of PPPK has caused various problems, namely unequal perceptions, budget constraints, and the quality of training that still needs to be improved. When this is associated with the theory of dignified justice, this theory encourages ethics and morality as the basis for every aspect of the development, management, and development of PPPK; therefore, by respecting individual dignity, providing equal opportunities, encouraging transparency, and building a positive organizational culture, organizations can ensure that employee development is not only effective, but also fair and dignified. The theory of dignified justice emphasizes that every individual has dignity that must be respected, carrying out performance on an ethical and moral basis that underlies professional behavior. The implementation of these principles will contribute to better employee development and the overall improvement of the quality of public services.
The Business Law in Contemporary Times: A Comparison of Indonesia, Vietnam, and Ghana Kurniawan, I Gede Agus; Disantara, Fradhana Putra; Thuong , Mac Thi Hoai; Nutakor, Briggs Samuel Mawunyo
Susbtantive Justice International Journal of Law Vol 7 No 2 (2024): Substantive Justice International Journal of Law
Publisher : Faculty of Law, Universitas Muslim Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/substantivejustice.v7i2.297

Abstract

This study examines the intersection of justice within the framework of business law by analyzing its effectiveness and implementation in Indonesia, Vietnam, and Ghana three nations navigating the challenges of globalization. Justice is conceptualized through the lens of fairness, efficiency, and inclusivity in legal frameworks. By adopting a comparative normative legal research method, this study identifies the critical factors influencing business law implementation: regulatory quality, institutional capacity, political stability, and technological infrastructure. Findings reveal disparities in achieving justice due to corruption, bureaucratic inefficiencies, and weak enforcement mechanisms. While Indonesia grapples with regulatory overlap and decentralized governance challenges, Vietnam demonstrates progressive reforms but struggles with legal clarity. Ghana, despite leveraging political stability, faces significant limitations in infrastructure and enforcement. The study highlights the need for enhanced legal certainty, equitable stakeholder protections, and institutional reforms to align domestic business laws with global standards. Addressing these disparities can foster a more just and competitive business environment, ensuring fair treatment for all economic actors.
Co-Authors Abdul Hamid Abdunayimova, Dinara Bayu Dwi Anggono Budiana, I Nyoman Chansrakaeo, Ruetaitip Disantara, Geraldha Islami Putra Dwi Edi Wibowo Efendi, Aan ENY SULISTYOWATI Firmansyah, Jaka Geraldha Islami Putra Disantara HANANTO WIDODO Henny Saida Flora I Gede Agus Kurniawan Irmayanti, Dwi Ishwara, Ade Sathya Sanathana Kadir, M. Yakub Aiyub Masnun, Muh. Ali Mau Lulo, Lourenco de Deus Miftah Arifin Muchamad Taufiq Naftali, Septina Andriani neny, Neny rahmawati Ni Ketut Supasti Dharmawan Niken Larasati Nurhidayat, Tri Nutako, Briggs Samuel Mawunyo Nutakor, Briggs Samuel Mawunyo Prasetio, Dicky Eko Putra, R. Yuri Andina Putu Aras Samsithawrati Radityo, Eka Rahmawati, Galih Sulaksono, Sulaksono Suyitno, Didik Thuong , Mac Thi Hoai Thuong, Mac Thi Hoai Valentino, Widhi Wildani, Sahril