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All Journal Veritas et Justitia Jurnal Hukum Novelty Jurnal Hukum IUS QUIA IUSTUM AMANNA GAPPA Sriwijaya Law Review Lex Renaissance Undang: Jurnal Hukum Jurnal de jure PROGRESIF: Jurnal Hukum Legal Spirit Mendapo: Journal of Administrative Law Justisi : Jurnal Ilmu Hukum RIO LAW JURNAL DATIN LAW JURNAL AS-SIYASI JOURNAL OF CONSTITUTIONAL LAW Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Jurnal Karya Abdi Masyarakat Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia
Harry Setya Nugraha
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Religion Agriculture, Biological Sciences & Forestry Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

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OMNIBUSLAW UNDANG-UNDANG PERUBAHAN IKLIM BERDIMENSI KEADILAN BAGI MASYARAKAT DAN LINGKUNGAN: OMNIBUSLAW UNDANG-UNDANG PERUBAHAN IKLIM BERDIMENSI KEADILAN BAGI MASYARAKAT DAN LINGKUNGAN Al Hidayah, Rahmawati; Harjanti, Wiwik; Setya Nugraha, Harry; Retno Susmiyati, Haris; Alfian, Alfian
Mendapo: Journal of Administrative Law Vol. 5 No. 1 (2024): Februari 2024
Publisher : Fakultas Hukum Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/mendapo.v5i1.29873

Abstract

This research aimed to find out the urgency and construction of climate change legal reformulation in a sustainable and justice manner. Political legislation related to climate change currently manifests mainly through implementation regulations or even through policy products with less legal standing and binding force than if it is regulated in a law. The method used is normative legal research with a regulatory and conceptual approach. The results show that reformulation is required considering that climate change control efforts have not been effective. The environmental organisations state that various regions are still affected by climate change, experiencing deforestation and depending on the exploitation of natural resources. For these reasons, a new formulation of climate change regulation that ensures justice is to establish an omnibus law on Climate Change. This idea is new, yet still in line with the results of previous studies and research regarding the lack of climate change regulation that is still dispersed in many regulations and/or policies. The omnibus law on climate change is expected to be an instrument of climate change control that has dimensions of justice for society and the environment.
Constitutionality of Replacing Judges Mid-Term and Its Implications on the Independence of the Constitutional Court, Indonesia Hayya, Nur Mila; _, Rosmini; Nugraha, Harry Setya
As-Siyasi: Journal of Constitutional Law Vol. 3 No. 2 (2023): 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.v3i2.18683

Abstract

This research examines the legal problems surrounding the dismissal of Aswanto as a judge of the Constitutional Court of the Republic of Indonesia (MKRI), where the dismissal is deemed inconsistent with the prevailing laws and regulations. This study employs a doctrinal research type with a normative juridical approach through the examination of legislation and conceptual understanding to scrutinise the constitutionality of the replacement of constitutional judge Aswanto by the People's Representative Council (DPR) and its implications on the independence of the Constitutional Court. The findings suggest that, firstly, the replacement of Judge Aswanto during his tenure by the DPR is an unconstitutional act as it does not align with the constitution. Secondly, this replacement has implications for weakening the independence of the Constitutional Court, including constitutional independence, functional independence, personal independence, and evident practical independence. Therefore, the President needs to annul Presidential Decree Number 114/P/2022 and restore Judge Aswanto to his original position. Additionally, to prevent the misuse of power, further limitations and elaborations are required regarding the DPR's supervisory function over the judiciary, in this case, the Constitutional Court, in accordance with the system of checks and balances.
Penataan Kelembagaan Keamanan dan Keselamatan Maritim Indonesia Nugraha, Harry Setya; Grizelda
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 3 No. 2 MARET 2025
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

This research aims to unravel the consequences of the acceptance of the concept of Indonesia as an archipelagic state, because the increasing size of Indonesian waters triggers the responsibility of the state to ensure that its territorial waters are free from the threat of maritime challenges, disturbances and obstacles (ATGH). State institutions in Indonesia's territorial waters are currently multisectoral, which has led to widespread problems and negative impacts, because Indonesia's maritime security and safety institutions are not well organized. If left unchecked, Indonesia will not only be unable to play a role and contribute much to maintaining global maritime security and safety. It will also bury its dream of becoming the world's maritime axis. The three main issues in this research are how is the regulation of security and safety of marine areas in terms of international law of the sea? What is the urgency of structuring maritime security and safety institutions in Indonesia? What political policies can the government take to organize maritime security and safety institutions in Indonesia? The type of research used to answer these issues is a normative juridical research method with 2 (two) approaches, namely a statutory approach, and a conceptual approach. This research concludes that, first, the consequence of Indonesia's status as an archipelagic state gives Indonesia the authority to regulate its territorial waters in accordance with the provisions of UNCLOS 1982. Second, there are 3 (three) main reasons for the need for structuring Indonesia's maritime security and safety institutions. Starting from philosophical, sociological and political reasons. Third, the political policy that needs to be taken in order to organize Indonesia's maritime security and safety institutions is to form an Omnibus law on the Law on Marine Security and Safety or the Law on the Marine Security Agency.
Redesain Pengisian Jabatan Menteri Dalam Sistem Presidensial Di Indonesia Yanto, Andri; Nugraha, Harry Setya
PROGRESIF: Jurnal Hukum Vol 15 No 2 (2021): PROGRESIF: Jurnal Hukum
Publisher : Fakultas Hukum Universitas Bangka Belitung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33019/progresif.v16i2.2508

Abstract

The filling of ministerial positions in the presidential government system must be based on the pleasure of working and not because of political considerations or imbalances in the support of the President's groups or political parties. In fact, the filling of ministerial positions in Indonesia has so far been carried out using a political approach. The methodology used is a normative juridical research method, with a statutory and conceptual approach. The results of the discussion and conclusions of this study are first, the minister's task load is a lot of political dynamics; secondly, the filling of ministerial positions does not occur democratically; and third, new design ideas in filling ministerial positions include the requirements needed to be appointed as ministers, affirmation of the limitation of concurrent positions, and must first conduct a fit and proper test.
MPR DAN URGENSI GARIS BESAR HALUAN NEGARA DALAM SISTEM KETATANEGARAAN INDONESIA Setya Nugraha, Harry
Veritas et Justitia Vol. 5 No. 1 (2019): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v5i1.3293

Abstract

This article, using a normative-juridical approach, discusses the issue whether Indonesia should re-introduce and re-instate the Guidelines of State Policy which was abolished in 1998, into the existing constitutional system. The author discusses a number of reasons of why re-instatement should be considered necessary. One important finding is that a new model of the Guidelines of State Policy should be made and utilised as a binding directive for state and government institutions at the central as well as regional and local level of governance.
Co-Authors Al Hidayah, Rahmawati Alfian Alfian Allan Fatchan Gani Wardhana, Allan Fatchan Gani Andri Yanto Andri Yanto Aulia, M. Zulva Despan Heryansyah Dimar Simarmata Fauzi Syam Fikri, Mhd Zakiul Fitriani, Novita Grizelda Haris Retno Susmiyati Hayya, Nur Mila Helmi Helmi Imentari Siin Sembiring Johni Najwan M. Yasin Al Arif M. Zulva Aulia Novita Fitriani Retno Kusniati Sahuri Lasmadi Setiyo Utomo Sri Hastuti Puspitasari Wiwik Harjanti Zayanti Mandasari _, Rosmini