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All Journal JURNAL ISTINBATH Jambura Law Review Istinbath : Jurnal Hukum Jurnal Konstitusi AS-SIYASI JOURNAL OF CONSTITUTIONAL LAW Amicus Curiae
Nasef, M Imam
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Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Dilema Recall Dalam Sistem Ketatanegaraan Indonesia Nasef, Muhammad Imam
JURNAL ISTINBATH Vol 8, No 2 (2011): Vol. VIII, Nomor 2, Nopember 2011
Publisher : STAIN Jurai Siwo Metro

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Abstract

Abstract In Indonesia “recall” is meant as a fall down or the dismissal of a member of Parliament (DPR and MPR) through the mechanism of substitution between time (PAW). Various instruments governing law concerning dismissal and shifting between the time of members of Parliament illustrated that political party has such a huge role on it. This paper discusses the recall of members of Parliament in the parliamentary perspective on Indonesia. This paper is based on a review of librarianship data with a descriptive-qualitative method. The approach used is a juridical approach. Based on the review in this paper, it can be concluded that the role of politics is more dominant than the laws and regulations in the determination of recall for members of Parliament. The leadership of a political party is the only party which can propose the dismissal. Therefore, it is reasonable when the recall among senayan politicians is regarded as a ghost or even defective democracy.Keywords : Recall, Popular Sovereignty, Political Parties, Parliamentary Law
Constitutional Compliance Atas Putusan Pengujian Undang-Undang di Mahkamah Konstitusi oleh Adressat Putusan Sulistyowati, Tri; Nasef, Muhammad Imam; Rido, Ali
Jurnal Konstitusi Vol. 17 No. 4 (2020)
Publisher : Constitutional Court of the Republic of Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (534.727 KB) | DOI: 10.31078/jk1741

Abstract

Theoretically and conceptually the final decision means that the Constitutional Court’s decision is the first resort as well as the last resort for justice seekers. If it is related in the context of upholding the supremacy of the constitution, it certainly does not only stop at the cancellation of a norm of law that is contrary to the constitution, but rather how the decision on annulment is then obeyed and implemented. That is because the nature of the final MK decision. However, in the recent constitutional issues, compliance by state institutions in implementing the Constitutional Court’s decision becomes a problem because there are indications of non-compliance to follow up on the final and binding Constitutional Court’s decision. Based on this, the formulation of the problem to be answered in this study is how the level of compliance with the implementation of the judicial review decision in the Constitutional Court for the period 2013-2018. The research is a juridical normative research, with the main data source, namely secondary data, data analysis using analysis Qualitative and approach methods use the statute approach and conceptual approach. The results of this study indicate that there are three categories of levels of compliance with the implementation of the 2013-2018 PUU MK ruling, namely: full compliance; partially obeyed and not obeyed. The results of the study of the authors show that the majority of MK PUU decisions were complied with totaling 59 decisions or 54.12%. However, there are also some decisions that are not obeyed in whole or in other words only partially complied with as many as 6 decisions or equal to 5.50%. Whereas the decisions that were not complied with amounted to 24 decisions or 22.01%. The remaining 20 decisions, or 18.34%, have yet to be identified in terms of compliance because of two things, namely: 1) the constitutionality period given by the Constitutional Court in its decision has not been exceeded, meaning that the legislators still have time / opportunity to follow up; 2) there has been no follow-up at all from the adressat of the decision both normatively and praxis. Thus it can be concluded that the level of compliance with PUU MK decisions for the period 2013 - 2018 is still higher than the level of non-compliance with a ratio of 54.12% compared to 22.01%.
PROBLEMATIKA YURIDIS RANGKAP JABATAN APARATUR SIPIL NEGARA DENGAN PENGURUS BADAN USAHA MILIK NEGARA: Juridicial Review Problems of Concurrent Positions of State Civil Apparatus with Management of State-Owned Enterprises Rizkyta, Altrifi; Nasef, Muhammad Imam
AMICUS CURIAE Vol. 2 No. 1 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/t8wcx192

Abstract

The State Civil Apparatus is one of the implementing components of government which is also included as public service officials. In this case, of couse state civil service has an important role in implementing good governance in order to achieve community welfare. However, in practice the implementation of good governance is hampered by one issue, namely interlocking directorates. Interlocking directorates that occur are closely related to the ambiguity in the regulation of dual positions for state civil service and state owned enterprises administrators in statutory regulations. This research uses a normative juridicial research type, this research is descriptive in nature, the data in this research uses secondary data through literature study. Secondary data was analyzed qualitatively and conclusions were drawn using deductive methods. In this case, there are many laws and regulations related to state civil service, state owned enterprises and other decisions related to holding multiple positions that prohibit holding multiple positions, but in the state civil service law itself, it is not stated clearly about positions and consequences of hlding multiple positions which the results in holding multiple positions by several parties and as one of the reasons deemed valid for the dual posistions treatment.
Constitutional Compliance Solution to Law Testing Rulings in the Constitutional Court Sulistyowati, Tri; Ridho, Ali; Nasef, M Imam
Jambura Law Review VOLUME 3 SPECIAL ISSUES APRIL 2021
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (389.988 KB) | DOI: 10.33756/jlr.v3i0.10735

Abstract

One of the current constitutional issues in Indonesia is the non-compliance of the decision to immediately follow up the decision of the Constitutional Court, which is final. This paper aims to analyze forms of non-compliance with the decision of the Constitutional Court and create a model that is expected to be a solution to the problem. This type of research is juridical normative by using secondary data processed by editing and systematization techniques.  The results showed the form of non-compliance of the decision of the Constitutional Court by the addresat of the decision is manifested in 3 (three) forms, namely normative, praxis, and normative and praxis forms. There are three proposed state-regulation solutions, namely judicial deferral by limiting the time of action, re-affirmation of judicial restraint, collaborative action, and collective awareness between state institutions.
MPR Di Persimpangan Jalan: Refleksi Paradigmatik Penguatan Kelembagaan MPR Pasca Amendemen UUD 1945 Nasef, M Imam
Istinbath : Jurnal Hukum Vol 16 No 2 (2019): Istinbath : Jurnal Hukum
Publisher : Institut Agama Islam Negeri (IAIN) Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/istinbath.v16i2.1705

Abstract

Amendemen UUD 1945 telah menghasilkan perubahan yang sangat fundamental dalam sistem ketatanegaraan Indonesia. Amendemen tersebut telah mereposisi kedaulatan rakyat yang sebelumnya berada di tangan Majelis Permusyawaratan Rakyat (MPR) dikembalikan lagi kepada rakyat yang pelaksanaannya tunduk pada konstitusi. Implikasinya, MPR tidak lagi menjadi lembaga tertinggi negara, sebab hubungan antar lembaga negara tidak lagi bersifat vertikal-hirarkis, akan tetapi lebih bersifat horizontal-fungsional dengan prinsip saling mengimbangi dan saling mengawasi antar lembaga negara (checks and balances). Itulah paradigma ketatanegaraan yang diadopsi setelah amendemen UUD 1945. Namun dalam perjalannya sistem yang demikian itu mulai menimbulkan persoalan, sehingga muncul wacana untuk memperkuat kembali kedudukan MPR dalam sistem ketatanegaraan. Dalam upaya mewujudkan kelembagaan MPR yang lebih kuat, sebenarnya MPR memiliki banyak alternatif pilihan jalan yang bisa ditempuh. Akan tetapi, tentu tidak mudah mewujudkan hal tersebut, mengingat amendemen UUD 1945 telah merubah secara fundamental sistem ketatanegaraan Indonesia.
Legality of State Debt Management: A Study on the Principle of the Rule of Law and Legislative Order Nasef, M. Imam; Ali Rido; Eko Primananda
As-Siyasi: Journal of Constitutional Law Vol. 5 No. 2 (2025): As-Siyasi: Journal of Constitutional Law
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/as-siyasi.v52.28322

Abstract

The management of state receivables by the Committee of State Receivables Management (Panitia Urusan Piutang Negara), as regulated under Government Regulation No. 28 of 2022, has sparked legal debate regarding its conformity with the principle of the rule of law and legislative order. This study is motivated by concerns that the regulation unilaterally expands administrative authority, potentially infringes upon the rights of legal subjects, and undermines the principle of legality and due process of law. This research examines the validity of Government Regulation No. 28 of 2022 from the perspective of the rule of law, the hierarchy of legal norms, and the principles of proper legislative formation. This study employs a normative legal method with a statutory approach. The findings indicate that Government Regulation No. 28 of 2022 contains preambles and substantive provisions that exceed the authority granted by Law No. 49 Prp/1960 as the parent legislation, even introducing new legal norms without clear legitimacy. The study concludes that Government Regulation No. 28 of 2022 fails to comply with the principle of legality and violates the hierarchy of norms. Therefore, it should be declared invalid and subject to revocation to maintain consistency in upholding Indonesia's rule of law and legislative order.
Co-Authors Ali Ridho Ali Rido Eko Primananda Rido, Ali Rizkyta, Altrifi Tri Sulistyowati