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All Journal Yustisia Nagari Law Review
Wahyuni, Purwaningdyah Murti
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Constitutional Design of Strengthening DPR Role in Forming, Changing, and Dissolving State Ministries in the Constitutional Views Wahyuni, Purwaningdyah Murti; Chandra, M Jeffry Arlinandes; Dinata, Ari Wirya; Illahi, Beni Kurnia; Gusman, Delfina
Nagari Law Review Vol 6 No 2 (2023): Nagari Law Review
Publisher : Faculty of Law, Andalas University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/nalrev.v.6.i.2.p.102-119.2023

Abstract

As a country that maintains a presidential system of government, it is essential to concentrate on creating the framework and structure of government. This is closely tied to the establishment, evolution, and dissolution of such institutions. As a consequence, the President and the DPR will be capable of determining responsive and constitutional legal politics. This legal policy study focuses on how the growth and regulation of state ministries and state institutions were connected to the constitutional system's establishment, modification, and dissolution. Second, how can legal politics address this in a manner that seems to be constitutional? The objective of this study is to assess the arrangements pertaining to the formation, alteration, and dissolution of ministries and state institutions under the constitutional system in order to define the ideal political legislation.This research uses normative legal research methods with descriptive research specifications and is analyzed through library research and data analysis methods using juridical-qualitative. The results of the research and discussion in this study include: First, the arrangements regarding the formation, modification, and dissolution of ministries and state institutions do not yet have a clear legal basis so that the President as the holder of power, is irregular in issuing his policies. Second, the legal politics that was initiated wanted the Government and the DPR to be more synergized in terms of drafting legal considerations and normalizing them based on statutory regulations and principles in a presidential system of government.
THE IMPLICATIONS OF EXPANDING THE AUTHORITY OF THE PRETRIAL POST-VERDICT JUDICIAL REVIEW OF THE CONSTITUTIONAL COURT IN DECIDING WHETHER IT IS A VALID DETERMINATION OF THE SUSPECT AGAINST LAW ENFORCEMENT AND THE PROTECTION OF THE RIGHTS OF THE SUSPECT Gumbira, Seno Wibowo; Nurhayati, Ratna; Wahyuni, Purwaningdyah Murti
Yustisia Vol 7, No 1: April 2018
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v7i1.19014

Abstract

The purpose of this study is to determine whether there are implications of expanding the authority of the pretrial post-verdict judicial review of Constitutional Court in deciding whether it is a valid determination of the suspect against law enforcement and the protection of the rights of the suspect. This research belongs to normative research. The results of this study explain that the interpretation method used in pretrial decision  No:04/Pid.Prap/2015/PN.Jak.Sel is the method of discovery of analogy interpretation law (argumentum per analogiam) is wrong, while the legal interpretation method used in the judicial review judgment of the Constitutional Court of the Republic of Indonesia Number 21 / PUU-XII / 2014 is the historical interpretation method (historiche intepretatie) the problem namely, the Constitutional Court has exceeded its original function that is negative legislator became positive legislators form or add a new norm. So that raises the problem that is contrary to the principles of the criminal justice system that is the principle of quick and simple and low budget justice and the principle of litis finiri oportet also inhibits the process of law enforcement settlement.
Co-Authors Ari Wirya Dinata Chandra, M Jeffry Arlinandes Delfina Gusman Illahi, Beni Kurnia Ratna Nurhayati, Ratna Seno Wibowo Gumbira, Seno Wibowo