Garuda - Garba Rujukan Digital

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

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

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

Show Abstract | Download Original | Original Source | Check in Google Scholar

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

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

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.

Peran Tunggal Otorita dalam Penyelenggaraan Pemerintahan Daerah Khusus Ibu Kota Nusantara Harry Setya Nugraha; Nugraha, Harry Setya
As-Siyasi: Journal of Constitutional Law Vol. 5 No. 2 (2025): 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.v52.27329

This study discusses the relevance of the Authority's single role in the administration of the Special Regional Government of the Nusantara Capital City (IKN), as regulated by Law Number 3 of 2022. The study critiques the inconsistency of this concept with the principles of regional autonomy and democracy. The main objective of this research is to identify arguments for the irrelevance of the Authority's single role in the IKN government and to offer alternative designs better aligned with these two concepts. The method employed in this research is a normative juridical one. The key findings of this study are as follows: first, six (6) main arguments explain why the Authority's single role in the administration of the Special Regional Government of IKN is irrelevant to the principles of regional autonomy and democracy. Second, two (2) alternative designs for the government structure are more in line with the concepts of regional autonomy and democratic principles and have the potential to be implemented in the future: 1) maintaining IKN as a Special Regional Government with a Governor and Regional People's Representative Council (DPRD) as the administrators; 2) maintaining IKN as a Special Regional Government with a Head of Authority and DPRD as the administrators.

Peran Tunggal Otorita dalam Penyelenggaraan Pemerintahan Daerah Khusus Ibu Kota Nusantara Harry Setya Nugraha; Nugraha, Harry Setya
As-Siyasi: Journal of Constitutional Law Vol. 5 No. 2 (2025): 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.v52.27329

This study discusses the relevance of the Authority's single role in the administration of the Special Regional Government of the Nusantara Capital City (IKN), as regulated by Law Number 3 of 2022. The study critiques the inconsistency of this concept with the principles of regional autonomy and democracy. The main objective of this research is to identify arguments for the irrelevance of the Authority's single role in the IKN government and to offer alternative designs better aligned with these two concepts. The method employed in this research is a normative juridical one. The key findings of this study are as follows: first, six (6) main arguments explain why the Authority's single role in the administration of the Special Regional Government of IKN is irrelevant to the principles of regional autonomy and democracy. Second, two (2) alternative designs for the government structure are more in line with the concepts of regional autonomy and democratic principles and have the potential to be implemented in the future: 1) maintaining IKN as a Special Regional Government with a Governor and Regional People's Representative Council (DPRD) as the administrators; 2) maintaining IKN as a Special Regional Government with a Head of Authority and DPRD as the administrators.

Logico-Empirisme Paradigma Positivisme Logis: Kritik Dan Tawaran Epistemologi Alternatif Nugraha, Harry Setya; Satria, Indah; Prihandini, Yudiana Dewi
Jurnal Hukum IUS QUIA IUSTUM Vol. 32 No. 3: SEPTEMBER 2025
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol32.iss3.art2

Logico-empiricism emphasises the importance of empirical verification as a scientific criterion for distinguishing meaningful from meaningless statements. Although logico-empiricism has made significant contributions to the development of the philosophy of science and has been practically beneficial for every legal scholar, criticisms of the a variety of assumptions underlying logico-empiricism have emerged from several perspectives. Therefore, this article is important to write in order to: 1) explain and deepen the criticisms of logico-empiricism assumptions by focusing on the perspective of dogmatic legal science; 2) offer an alternative epistemology to address these criticisms. This study uses a conceptual approach supported by secondary data sources. The results show that there are six criticisms of the logico-empiricism assumptions of the logical positivism paradigm when viewed from the perspective of dogmatic legal science. These criticisms highlight the tendency of logico-empiricism to reduce legal complexity, limit the scope of explanation, generalise inappropriately, raise questions of objectivity, and ignore social, political, and societal dynamics in the formation and application of law. This critique also demonstrates the limitations of the logico-empiricist approach, necessitating a more inclusive and interdisciplinary alternative epistemology. Several alternative epistemologies proposed to address criticisms of logico-empiricism include hermeneutics, pragmatism, phenomenology, and falsificationism. It is also possible to integrate these various approaches to form a complementary methodological framework, which the author calls "critical-pragmatic hermeneutic phenomenology." This approach is advantageous because it is holistic, open to revision, contextual, practically useful, and respectful of human experience.

Title

Found 28 Documents
Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title Search

Found 28 Documents Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title

Found 28 Documents
Search