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ANTISIPASI HUKUM TATA NEGARA DALAM UPAYA MEMPERTAHANKAN INTEGRASI BANGSA INDONESIA Arinanto, Satya
Jurnal Bestari No 32 (2001)
Publisher : Jurnal Bestari

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Abstract

For a torn country successfully to redefine its civilizational indentity, at least three requirements must be met. First , the political and economic elite of the country has to be generally sypportive of and enthusiastic about the move second, the public has to be at least willing to acquiesce in the redefinition of identity. Third, the dominant elements in the host civilization,in most cases the West, have to be willing to embrace the convert. The process of identity redefinition will be prolonged, interrupted, and painfull, politically, socially, institutionally, and culturally. It also to date has failed. 
Pemilihan Umum, Demokrasi dan Paradigma Baru Kehidupan Politik: Beberapa Catatan Satya Arinanto
Unisia No 39/XXII/III/1999
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/unisia.v0i39.5744

Abstract

General Election has been the most important partof the whole processes to be a democratic state. Some significant changes have occured In the General Election system held in 1999 including the comitte, contestants and rules of the game. The new paradigm of the General Election has been the hope, on one hand, and the anxiety, on the other hand, to raise a democratic climate. The writer has offered some optimistic ideas that the General Election of 1999 will be more democratic. 
Informal Constitutional Change in Indonesia Nugroho, Wachid; Arinanto, Satya; Pieris, John; Fauzan
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6550

Abstract

The interpretation of the constitution by the Constitutional Court marks the occurrence of informal changes to the constitution as a result of the dialectic between the constitutional document (the 1945 Constitution) and certain primary forces of constitutional change. This study employs four approaches: the conceptual approach, the statutory approach, the case approach, and the comparative approach. This study concludes that several articles in the 1945 Constitution, following the amendments, have changed ius constituendum, as the norms that apply as ius constitutum are those that have evolved through the method of constitutional interpretation by the Constitutional Court. It is this ius constitutum that functions as a quasi-constitution.
Civil-Military Cooperation in Strengthening the National Airspace Security System Soleman Koloay, Jorry; Arinanto, Satya
Indonesian Interdisciplinary Journal of Sharia Economics (IIJSE) Vol 5 No 2 (2022): Sharia Economics
Publisher : Sharia Economics Department Universitas KH. Abdul Chalim, Mojokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31538/iijse.v5i2.4256

Abstract

Weak coordination and communication, the existence of sectoral egos between agencies, and the tendency to act individually without integrated action resulted in the cohesiveness and speed of state handling responses to various threats and violations of airspace to be weak which ultimately affected the condition of national resilience. The concept of civil-military cooperation to strengthen the national airspace security system is built through the formulation of the National Airspace Management Bill, the establishment of institutions that accommodate coordination and cooperation between civil-military agencies, and the appointment of a command-and-control center that integrates and harmonizes the operations of all agencies. This study uses a qualitative approach with a narrative qualitative analysis method, to discuss theory, review policies and analyze expert opinions on the need for civil-military cooperation to strengthen the national airspace security system, to then draw conclusions and recommendations. This study is expected to be useful for efforts to formulate national airspace management policies that are very strategic and needed.
Compatibility Between the Indonesian Competition Law and Indonesia’s Climate Change Mitigation Policy Under The UNFCCC Paris Agreement 2016: Quo Vadis? Arinanto, Satya; Parluhutan, Dian; Sabela, Louise Shania
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

To overcome the global climate change crisis, the Government of Indonesia (GoI) ratified the United Nations Framework Convention on Climate Change (UNFCCC) Paris Agreement on Climate Change on 22 April 2016, imposing quasi-legal obligations on contracting states to reduce greenhouse gas (GHG) emissions based on Nationally Determined Contribution (NDC) until 2030. As a contracting party of the Paris Agreement, Indonesia has submitted an Enhanced Nationally Determined Contribution (ENDC), increasing its GHG emission reduction target from 31.98 percent to 43.20 percent by 2030. Pillar II of the Golden Indonesia Vision 2045, Indonesia has also reaffirmed its commitment to climate change mitigation nationally and globally to reduce GHG emissions by 34 to 41 percent from the baseline scenario by 2045. Based upon the holistic interpretation of the Indonesian Competition Law Number 5/1999 in conjunction with Article 33 paragraphs (1), (2), and (4) of the Indonesia 1945 Constitution, the Competition Authorities must undertake the sustainability mandate, including climate change mitigation actions, The Indonesian Supervisory Commission for Business Competition (KPPU) in collaboration with other Ministries, the Indonesian Supreme Court (MARI), and the House of Representatives (DPR) must, by the Indonesian Competition Law (Law Number 5/1999), integrate the climate change mitigation policy and environmental preservation endeavours both in the formulation of rules and enforcement measures. The Indonesian competition authorities can, among others, generate the ‘Block Exemptions’ as a discretionary instrument and as a provisional antitrust enforcement policy. A prudent comparative study of competition law and practices in selected jurisdictions reveals that the Indonesian competition authorities can exempt environmentally oriented or sustainability agreements or transactions from traditional prohibitions through five methods, such as the structured rule of reason approach to guarantee the principles of proportionality and accuracy. This study endeavors to provide a feasible contribution to accelerating the climate change mitigation efforts by the government and the stakeholders from the perspective of competition law and practice. In order to enable structured analysis and provide optimal results, this research employs the normative juridical method coupled with a comparative law approach over the European and German competition laws.
THE CONCEPT OF “ELDERLY CITIZENS” IN THE INDONESIAN CONSTITUTION: A CRITICAL ANALYSIS Hertanto, Ari Wahyudi; Arinanto, Satya; Rizal, Jufrina
Indonesia Law Review Vol. 12, No. 3
Publisher : UI Scholars Hub

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Abstract

Human existence is the most important element of the law and the state. They contribute greatly to the growth and development of a nation. Despite their great contribution, all human beings will experience a gradual decrease in their physical and psychological capacity due to ageing. According to the latest Central Statistics Agency report, there exists 29.3 million elderly citizens in Indonesia. This figure is equivalent to 10.82% of the total population. To anticipate this demographic condition, the government ought to ensure the welfare of its elderly citizens in accordance with the mandate of the 1945 Constitution. However, the 1945 Constitution does not specifically regulate the term “elderly citizen”. Human beings who are considered as legal subjects under the 1945 Constitution are simply referred to as “citizen.” The term “elderly citizen” can only be found under Law Number 13 of 1998 concerning the Welfare of Elderly Citizens. Although the law is intended to provide sufficient social and legal protection to elderly citizens, it has not yet to grasp the essence of elderly citizen as an overall legal subject. This is indicated by the use of the term “Potential Elderly Citizen” and “Non-Potential Elderly Citizen” in its provisions. Therefore, a more in-depth legal study regarding human beings (elderly citizens) as an overall legal subjects is required. This article tries to answer how elderly citizens are viewed theoretically as legal subjects, how the 1945 Constitution regulates elderly citizens as overall legal subjects, and how the concept of elderly citizens is critically interpreted as a form of reorientation.