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All Journal Lex Renaissance Negara Hukum: Membangun Hukum untuk Keadilan dan Kesejahteraan Walisongo Law Review (Walrev) Electoral Governance : Jurnal Tata Kelola Pemilu Indonesia Staatsrecht: Jurnal Hukum Kenegaraan dan Politik Islam Jurnal Hukum dan Pembangunan
Yusuf, Muhammad Rifai
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : lex renaissance

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Menakar Konsistensi Pelaksanaan Tugas dan Wewenang Kementerian Negara dari Perspektif Hukum Administrasi Negara: Telaah Program Food Estate dan Penanganan Covid-19 pada Periode Kedua Pemerintahan Joko Widodo Yusuf, Muhammad Rifai; Rohman, Azmi Fathu; Rizqiyanto, Naufal; Hidayat, Syarif
Lex Renaissance Vol 10 No 1: JUNI 2025
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/JLR.vol10.iss1.art2

Abstract

The administration of the government has recently shown “bureaucratic irregularities” where the handling of some issues by ministries appointed by the president does not correspond to their main duties. The execution of the food estate program by the Ministry of Defense and the handling of the Covid-19 by the Ministry of State-Owned Enterprises are clear case samples. To find out which ministry truly has the authority, this research seeks to examine the consistency of the authorities of the two ministries with the affairs handled through the cultivation of two main problems. First, what is the position, duties and authority of state ministries both in the regulatory framework and the existing theory/doctrine explanations in administrative law. Second, to what extent is the consistency of the implementation of the duties and authorities of the ministries that become the focus of the study from the perspective of administrative law. This research is normative legal research by describing and analyzing qualitatively secondary data i.e. primary and secondary legal materials. The approach method used are conceptual and statutory approaches. The results showed that the position and authorities of state ministries in Indonesia have clear legal bases including the ministries that have authority in food estate and Covid-19 handling, namely the Ministry of Agriculture and the Ministry of Health. Thus, the Ministry of Defense which is the leading sector in the food estate program and the Ministry of State-Owned Enterprises in handling Covid-19 show bureaucratic inconsistencies.
Redesigning the Institutional Framework of Indonesia’s Truth and Reconciliation Commission Yusuf, Muhammad Rifai; Rizqiyanto, Naufal; Sangadji, Sulastri
Lex Renaissance Vol 10 No 2: DESEMBER 2025
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/JLR.vol10.iss2.art2

Abstract

TRCs are globally recognized as one of the means to resolve past gross human rights violations. As a country that has transitioned from an authoritarian to a democratic regime, Indonesia has committed to resolving the issue. One progressive effort was the enactment of Law No. 27 of 2004 on the Truth and Reconciliation Commission. However, the Law no longer applies after it was annuled by Indonesian Constitutional Court so that the commission has no normative basis at the law under the Constitution. This research seeks to answer three main problems, first, how the TRC is viewed by international law and the Indonesian constitutional system. Second, how are the dynamics of its arrangement in Indonesia. Third, what kind of ideal institutional design can be offered. This study used normative legal research with statutory, conceptual, and historical approaches to explain the problems and. The result shows that first, TRCs is consistent with the Indonesian constitutional system. Second, the ratio decidendi of the annulment of the TRC Law by the Constitutional Court because it does not guarantee justice for victims of past gross human rights violations. Third, several aspects that need to be redesigned from the new institutional model of a constitutional TRC are related to institutions, members, mechanisms for providing justice for victims, including amnesty for perpetrators and the opening of opportunities for appeals to a human rights court.
Co-Authors Arysandi, Didan Neofal Briliyan Erna Wati Lubis, Alfi Syahri Muhammad Harun Rizqiyanto, Naufal Rohman, Azmi Fathu Sangadji, Sulastri Syarif Hidayat Tri Nurhayati Yusuf, Rizki Fauzan