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Amandemen Terhadap Pasal 11 Undang - Undang Dasar 1945 Berkaitan Dengan Ratifikasi Perjanjian Internasional: Perspektif Hukum Internasional Dan Hukum Tata Negara
Delfina Gusman;
Zimtya Zora
UIR Law Review Vol. 5 No. 1 (2021): UIR Law Review
Publisher : UIR Press
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DOI: 10.25299/uirlrev.2021.vol5(1).6997
Indonesia cannot close eyes that cooperation with other countries is needed .Different interests and the source of the power possessed make the state independent of one another .Cooperation between countries can occurred in agreed to an international agreement .The national interest and public interest broad should be included in International Agreement to other countries , do not get international treaties approved by the government torment the people. Hence , legal basis international treaties in Indonesia must be clear and firmly , to avoid possible in the practice of especially with regard to the ratification of a treaty. Do not get obscurity legal basis cause financial losses for the state especially the people
Pelaksanaan Peran Kantor Wilayah Kementerian Hukum Dan Ham Sumatera Barat Dalam Rangka Harmonisasi Peraturan Daerah Provinsi Sumatera Barat Tahun 2019
Delfina Gusman;
Alsyam Alsyam;
Didi Nazmi
UIR Law Review Vol. 5 No. 2 (2021): UIR Law Review
Publisher : UIR Press
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DOI: 10.25299/uirlrev.2021.vol5(2).7365
The Regional Offices of the Ministry of Law and Human Rights in each region have an important role in the harmonization of regional regulations in accordance with the legal hierarchy. Harmonization of law is an effort to create a harmony, suitability and compatibility to balance the legal norms. One of the agencies that has this role is the Ministry of Law and Human Rights to each region. The results of the study show that in relation to the duties and functions of the Regional Office, basically the duties and functions of the Regional Office in preparing regional regulations are in line with the provisions of Law Number 12 of 2011 concerning the Establishment of Legislation. the invitation, but the involvement of the Regional Office of the Ministry of Law and Human Rights is limited and passive waiting for the local government and DPRD to participate. In an effort to increase the role of the Regional Office of the Ministry of Law and Human Rights in the process of drafting regional regulations, it is necessary to formulate a rule for implementation that regulates in detail the mechanism for the preparation of regional regulations involving the Regional Government, DPRD and Regional Office of the Ministry of Law and Human Rights. optimizing the preparation of quality regional regulations.
KEDUDUKAN KETETAPAN MPR BERDASARKAN UU NO. 12 TAHUN 2011 TENTANG PEMBENTUKAN PERATURAN PERUNDANG-UNDANGAN
Delfina Gusman;
Andi Nova
Jurnal Dinamika Hukum Vol 12, No 3 (2012)
Publisher : Faculty of Law, Universitas Jenderal Soedirman
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DOI: 10.20884/1.jdh.2012.12.3.118
MPR Decree in resettlement of legislation under the Constitution of 1945 on the basis of Law No. 12 Year 2011 cocerning formation of legislation gives rise to a variety of polemics in the position of the MPR as State institutions. Provisions of the MPR is considered to have urgency in Indonesia's system, because the MPR as State institutions is considered to still have the duty and the authority of its strategic, e.g: inauguration of President and Vice President, the establishment of the Constitution. MPR also made provisions as one of basic national legislation program. Keywords : MPR Decree, national legislation program, rule of law
EFEKTIFITAS PELAKSANAAN UPAYA PAKSA PUTUSAN PENGADILAN TATA USAHA NEGARA YANG TELAH BERKEKUATAN HUKUM TETAP
Delfina Gusman
Masalah-Masalah Hukum Vol 39, No 3 (2010): Masalah-Masalah Hukum
Publisher : Faculty of Law, Universitas Diponegoro
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DOI: 10.14710/mmh.39.3.2010.221-230
The existence of Administration Justice (PTUN) can guarantee the assurance of law was produced by illegal conduct under goverment, in act, it is still far from the society's expectation away. It was caused by running it is infective especially the implentation of force effort the justice verdict over the Administration Law that has been established permanently. This inefeciency was caused by some reasoning both judical reason and non judical reason.This research was performed by using judicial-sociological approach through interviewing and researching relevan literature. The data that has been collected and then to be analized judicial-qualitative away in order to make it come true for supporting the justification them judicial-descriptivelly.The result of this research showed that the force effort to the verdict of justice over the Administration Law that has permanenly been establisihed is imposible to be performed efectively considering the regulation of technical guide which regulated the concern. however, in fact the effort force is possible to do efectively if the justice want to refer it to Jurisprudency and Term of Reference stated on Book II and Justice Administration. In other side, in facing the void the regulation of implementation the effort force to the verdict of Administartion Law that has permanently established in administration justice Padang has been conductud to be ininfective the regulation of effort force as stated on Article 116 statement (4) and (5)Kata Kunci : upaya paksa, efektifitas, pembaharuan
URGENSI NASKAH AKADEMIK DALAM PEMBENTUKAN PERATURAN PERUNDANG-UNDANGAN YANG BAIK
Delfina Gusman
Masalah-Masalah Hukum Vol 40, No 3 (2011): Masalah-Masalah Hukum
Publisher : Faculty of Law, Universitas Diponegoro
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DOI: 10.14710/mmh.40.3.2011.297-304
The Academic Manuscript of Law has important value in forming of good law and regulation, so that its existence has to be considered to be requirement. The making of Academic Manuscript of Law begins with research so that the resulting rules can be accepted by communities. Strengthening the position of academic manuscript of law is necessary to emphasize in the revisions Law on establishment of legislation.
Penghubung Komisi Yudisial sebagai Pengawasan Perilaku Hakim Berdasarkan Kode Etik Pedoman Perilaku Hakim
Delfina Gusman Gusman;
Arya Putra Rizal Pratama
University Of Bengkulu Law Journal Vol. 6 No. 2 (2021): OCTOBER
Publisher : UNIB Press
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DOI: 10.33369/ubelaj.6.2.114-132
Yudicial comission after regulation revision Number 18 Year 2011 increase the authorithy power Code of ethic enforcement against judge in court togehter with province Yudicial Comission liason officer. Yudicial Comission Liason establishment by law basic Yudicial Comission Regulation Number 1 Year 2017 jo revision Yudicial Comission Regulation Number 1 Year 2012 about Shaping, Formation, the rule of work Yudicial Comission liasion of regional as for acomodation Yudicial Comission job desk. Article 3 paragraf 2 so “Yudicial Comission have right to appoitment Yudicial Comission Liason in province by neccesary”. Nevertheless, article 4 Yudicial Comissione Number 1 Year 2012 about Yudicial Comission in province have function for “accomodation Yudicial Comission job desk against maintaince dignity enforcement code of ethic in law basic decision from chief of Supreme Court number No.047/KMA/SKB/IV/2009 and chief of Yudicial Comission 02/SKB/P.KY/IV/2009 to codification to Kode Etik Pedoman Perilaku Hakim (Code of ethic of Judge Behavior Guidance)
Sosialisasi Peraturan Daerah Kota Pariaman Nomor 20 Tahun 2012 Tentang Jaminan Kesehatan Sabiduak- Sadayuang (JK-SS) Dalam Rangka Memberikan Jaminan Kesehatan Masyarakat Di Kecamatan Pariaman Tengah, Kota Pariaman
Delfina Gusman;
Arfiani Arfiani;
Henny Andriani;
Alsyam Alsyam;
Charles Simabura
Jurnal Pengabdian Warta Andalas Vol 23 No 3 (2016): Warta Pengabdian Andalas
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat (LPPM) Universitas Andalas
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Applicable local Pariaman Number 20 in 2012 About Providence health coverage Sabiduak Sadayuang (JK-SS) was established by the Government of Pariaman as a policy area in order to improve the policies of the Central Government to enact public health assurance program. Regulation of this area aims to ensure the public health Pariaman thoroughly. Health coverage in this area is not only intended for poor communities in Pariaman, but also intended for the children of Pariaman. In the provisions of article 5 paragraph (1) of the Regulation region of Pariaman number 12 in 2012 says that the audience is any person and or family members of citizens of the city of Pariaman who have paid dues or contributions.
Perlindungan Warga Negara Terhadap Perbuatan Melawan Hukum Pemerintah Melalui Penyelesaian Sengketa Di Peradilan Tata Usaha Negara
Delfina Gusman;
Anton Rosari;
Arya Putra Rizal Pratama
Riau Law Journal Vol 5, No 2 (2021): Riau Law Journal
Publisher : Faculty of Law, Universitas Riau
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DOI: 10.30652/rlj.v5i2.7914
State administration dispute, one base from the state administration decision, that law subject prejudice have cause big harmful with society if dispute resolution very long and unefficient. This is also ruin as good will of law justice in middle of public as for social image. This is about good topic to discuss by law practicion, law academic or expert and society as for sovereignty dominate, that the cause a people are got court decision in kracht but always wit social-economy charge after asking about State Administration Court implementation a court decision. Last result of of the research by law theorical it can be recommendation to goverment to change regulation that affection with compensation punishment after state administration law desicion to give with law subject and also find other solution for settle a dispute in non-litigation with goverment princple of law or good govermental. And also law practition to overcome to reinforcement in court.This research with docrinal research by library research and statue approach. The craracteristic of law research a prescription that a analysing law statue and law material by electronic or book and tell about solution against this law problem.
Pemenuhan Hak Memperoleh Pekerjaan Bagi Penyandang Disabilitas Berdasarkan Undang-Undang Nomor 8 Tahun 2016 Tentang Penyandang Disabilitas
Delfina Gusman Gusman;
Didi Nazmi Nazmi;
Yunita Syofyan Syofyan
Riau Law Journal Vol 6, No 2 (2022): Riau Law Journal
Publisher : Faculty of Law, Universitas Riau
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DOI: 10.30652/rlj.v6i2.7963
Human Rights (HAM) is a gift from God to his creatur human rights should not be kept away or separated from the personal existence of the individual or human being. Protection of persons with disabilities has 22 (twenty two) rights. This arrangement is regulated through Article 5 regarding an elaboration of the rights that will be received for individuals with disabilities in carrying out the nature of their lives until they die. Persons with disabilities also have the right to work and get rewarded for their hard work and of course it has been regulated through the written constitution of the Republic of Indonesia. Without realizing it in almost all areas of life, people with disabilities are still discriminated against. There is even an assumption from some people that the affairs of people with disabilities are solely the business of the Social Service or the Ministry of Social Affairs. The research method uses normative juridical (empirical legal research) with a statutory approach (statue approach) and an analytical approach (conceptual approach). First, The fulfillment of employment opportunities for people with disabilities shows that there is still a shortage due to the need for job providers, the quality of people with disabilities, and their still being selective in every job field on a micro basis. The city of Padang related to employment rights for persons with disabilities continues to strive to fulfill their work rights. Third, In the legal construction of regulating employment rights for Persons with Disabilities, there must be a balance towards optimizing work through personnel from persons with disabilities. So that the fulfillment of the law both das sollen and das sein is accommodated appropriately
KETERKAITAN PAHAM DEMOKRASI TERHADAP SISTEM HUKUM INDONESIA SETELAH PERUBAHAN UNDANG-UNDANG DASAR 1945
Yunita Syofyan;
Delfina Gusman;
Alsyam Alsyam
UNES Law Review Vol. 5 No. 2 (2022): UNES LAW REVIEW (Desember 2022)
Publisher : LPPM Universitas Ekasakti Padang
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DOI: 10.31933/unesrev.v5i2.354
After the Amendment of 1945 Constitution, democracy and Rule of Law become two concepts. They are the concept on how to run the power and run the goverment of Indonesia. Both concept, are interconected among each others and can not be separated, because on one side, democracy gives the grounds and mechanisme of power based on the principles of togetherness and equality, while on the other side, rule of law gives guide lines that goverment in the state is not a human but the law of human being. The both of concepts have relation each other. This article are trying to connected and related both concepts in an unseperated function.