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All Journal JURNAL MAGISTER HUKUM UDAYANA Pembaharuan Hukum Jurnal Penelitian Hukum De Jure Jurnal Ilmiah Kebijakan Hukum JURNAL MERCATORIA Jambura Law Review Jurnal Yuridis Jurnal Ilmiah Penegakan Hukum Veteran Law Review Pena Justisia: Media Komunikasi dan Kajian Hukum ARBITER: Jurnal Ilmiah Magister Hukum JUNCTO: Jurnal Ilmiah Hukum NOMOI Law Review DAS SEIN: Jurnal Pengabdian Hukum dan Humaniora
Muhammad Yusrizal Adi Syaputra
Universitas Medan Area
Religion Arts Humanities Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Journal : JURNAL MERCATORIA

 1 
KAJIAN YURIDIS TERHADAP PENEGASAN HIEARAKI PERATURAN PERUNDANG-UNDANGAN DI INDONESIA DALAM PERSPEKTIF STUFEN THEORIE Syaputra, Muhammad Yusrizal Adi
JURNAL MERCATORIA Vol 9, No 2 (2016): JURNAL MERCATORIA DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (152.419 KB) | DOI: 10.31289/mercatoria.v9i2.433

Abstract

Rule lower against the rules of higher then lower regulation it can test the material (judicial review) to be canceled entirely or partially canceled. The assertion of hierarchy intended to prevent overlap between legislation that could give rise to legal uncertainty. Position regulations set by the People's Consultative Assembly (MPR) House of Representatives (DPR), the Regional Representatives Council (DPD), the Supreme Court (MA), the Constitutional Court (MK), the Supreme Audit Agency (BPK), Commission Judicial (KY) , Bank Indonesia (BI), the Minister, the Agency, Organization, or commissions, in the Indonesian legal system recognized by Act No. 12 of 2011 either were born because of higher regulatory mandate and within the scope and authority of the minister. Thus, no doubt that the regulations set by state institutions, have binding force that must be obeyed by the parties set forth therein. While the Regulations issued policy also recognized as an Freies Ermessen in the execution of its duties and functions.
KAJIAN YURIDIS TERHADAP PENEGASAN HIEARAKI PERATURAN PERUNDANG-UNDANGAN DI INDONESIA DALAM PERSPEKTIF STUFEN THEORIE Muhammad Yusrizal Adi Syaputra
JURNAL MERCATORIA Vol 9, No 2 (2016): JURNAL MERCATORIA DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/mercatoria.v9i2.433

Abstract

Rule lower against the rules of higher then lower regulation it can test the material (judicial review) to be canceled entirely or partially canceled. The assertion of hierarchy intended to prevent overlap between legislation that could give rise to legal uncertainty. Position regulations set by the People's Consultative Assembly (MPR) House of Representatives (DPR), the Regional Representatives Council (DPD), the Supreme Court (MA), the Constitutional Court (MK), the Supreme Audit Agency (BPK), Commission Judicial (KY) , Bank Indonesia (BI), the Minister, the Agency, Organization, or commissions, in the Indonesian legal system recognized by Act No. 12 of 2011 either were born because of higher regulatory mandate and within the scope and authority of the minister. Thus, no doubt that the regulations set by state institutions, have binding force that must be obeyed by the parties set forth therein. While the Regulations issued policy also recognized as an Freies Ermessen in the execution of its duties and functions.
Design of Election Criminal Enforcement Through A Restorative Justice Approach in Nort Sumatra Lubis, Muhammad Ansori; Syaputra, Muhammad Yusrizal Adi
JURNAL MERCATORIA Vol. 17 No. 1 (2024): JURNAL MERCATORIA JUNI
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/mercatoria.v17i1.11989

Abstract

The large number of cases of suspected election crimes at every stage of the elections in Indonesia are not balanced with a fair law enforcement design and legal certainty. The establishment of the Integrated General Election Law Enforcement Center (Sentra Gakkumdu Pemilu) apparently did not have a significant impact in effectively prosecuting perpetrators of election crimes. This research aims to examine the design of law enforcement for election crimes and analyze the application of the concept of restorative justice as an approach to law enforcement for election crimes. The results of the research, firstly, are that the complexity of the law enforcement mechanism for election crimes causes the number of reports of election crimes submitted by the public to election supervisors to be meaningless. Second, that the current law enforcement design for election crimes still prioritizes punishment, even though law enforcement prioritizes the principle of ultimum remedium in its implementation. The absence of legal loopholes in prioritizing the concept of restorative justice in enforcing election criminal law is an obstacle for the Gakkumdu Center in enforcing election criminal law. The large number of cases of suspected election crimes that occur while the resolution time is relatively short makes it difficult for law enforcement to promote election crimes to promote justice and legal certainty. So there is a need to design technical regulations in implementing restorative justice in handling election crimes in the future.
Co-Authors Agata Jacqueline Paramesvari Andrean, Ryan Aras Firdaus Eka N.A.M Sihombing, Eka N.A.M Eka NAM Sihombing Elfirda Ade Putri Elvi Zahara Lubis Fitri Yanni Dewi Siregar Fitriyani Dewi Siregar Gede Aditya Pratama Hadita, Cynthia James Pasaribu, Muldri Pudamo Jamillah Jamillah, Jamillah Jhon Amri S Pasaribu Lubis, Anggraeini Atmei Lubis, Fachrizaly Lubis, Mhd. Ansori Mirza Nasution Mirza Nasution Mubarak, Ridho Muhammad Ridwan Lubis Munawir, Zaini Nasution, Mirza Pinem, Srimin Qolbi, Mhd. Hidayatul Rianda Dirkareshza Riswan Munthe Rizkan Zulyadi Sihombing, Eka NAM Silalahi, Tegar Fransiskus Sintha Dewi Silalahi Syafitri, Rismada Anggun Tengku Nuranasmita Wibowo, Fernanda Windy Sri Wahyuni