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Independensi Mahkamah Konstitusi dalam Proses Pemakzulan Presiden dan/atau Wakil Presiden Abdul Wahid
Jurnal Konstitusi Vol 11, No 4 (2014)
Publisher : The Constitutional Court of the Republic of Indonesia

It has been highlighted in the constitution that the Constitutional Court has one obligation to give verdict on the House of Representatives’ (DPR) opinion regarding the impeachment of the president and/or the vice president. Obligation given by this constitution is about to prove that Indonesia is a law state. Even though the Constitutional Court has become part of the dismissal process of president and vice president, the independence of its obligation is doubted by public because of the recruitment factors of the Constitutional Court judges. Even though these judges successfully give verdict because the president or the vice president is proven to break the law, it does not mean that its verdict absolutey ties the authority of the House of Assembly (MPR).

Tafsir Misoginisme dan Inkonsistensi Birokrat (Implikasi Putusan MK No. 4/PUU-VIII/2010) Abdul Wahid
Jurnal Konstitusi Vol 8, No 2 (2011)
Publisher : The Constitutional Court of the Republic of Indonesia

The verdict of Constitutional Court (MK) Number 4/PUU-VIII/2010 can be described as a verdict blocking chances for the civil servant (Pegawai Negeri Sipil) to represent himself/herself as the head of executive in the district such as governor, mayor, regent, and any others in the mayor general election (Pemilukada) because one of the prerequisites to be a civil servant must be followed by a resignation letter. This prerequisite cannot be considered as a form of discrimination and injustice for the civil servant, yet as a kind of protection through the strategic role of the civil servant. If the civil servant still keeps going on its track, as a bureaucracy devotee, then people’s civil rights must have been fulfilled.

Politik legislasi Menentukan DeMokrasi (analisis Putusan no. 15/Puu-iX/2011) Abdul Wahid
Jurnal Konstitusi Vol 9, No 1 (2012)
Publisher : The Constitutional Court of the Republic of Indonesia

Not all juridical products are along with the society’s aspiration. There are some of the juridical products assessed as against the democracy enforcement by the society. The verdict number 15/PUU-IX/2011 given by the Constitutional Court is a kind of correction to the performance of the lawmakers (UU) if the law they produce are considered contra-democracy. Besides, the verdict of the Constitutional Court to some of the articles in the Law No. 2 Year 2011 actually might be read as a warning from the Constitutional Court to the lawmakers, especially those regulating the problem of political parties so that their performance could be maximized and transparent, and consider egalitarianism in the future.

Pembatalan UU BHP dan Pendidikan Berbasis Humanistik Abdul Wahid
Jurnal Konstitusi Vol 7, No 2 (2010)
Publisher : The Constitutional Court of the Republic of Indonesia

Mahkamah Konstitusi (MK) has postponed the Constitution (UU) Number 9 Year 2009 dealing with Educational Law Institutions (BHP) since it is evaluated violating UUD 1945. MK evaluates that this UU BHP is against the UUD 1945 so that any expectations from the people expect it should be brought on. UU BHP inspite of uniforming the form of educational law institutions so that it ignores the form of any other law intituions such as private organization, waqaf, and so forth, also gives the justification to the commercialism practices and education capitalism, which dangerously cause the threatened human rights of poor people in gaining proper education or humanity.

Anomali Penerapan Klausul Bersyarat dalam Putusan Pengujian Undang-Undang terhadap Undang-Undang Dasar Anang Sulistyono; Abdul Wahid; Mirin Primudyastutie
Jurnal Konstitusi Vol 17, No 1 (2020)
Publisher : The Constitutional Court of the Republic of Indonesia

In the implementation of constitutional review by the Constitutional Court, one of the dynamics occur is the emergence of conditionally constitutional unconstitutional decisions. Furthermore, the utilization of these types of decisions also has its dynamics, especially concerning the interpretation of conditional decisions. It can be indicated by the existence of anomalies decisions, which in the legal consideration, states that the norms reviewed are conditionally constitutional, but in its verdict, the norms are declared conditionally unconstitutional. Therefore, this paper aimed to comprehend the utilization of conditional decisions in constitutional review and to understand how is the anomaly in conditional clause implementation, as well as what Constitutional Court can do to prevent the anomalies to occur. Based on the analysis of conditional decision’s anomalies, there are at least three points that need to be pointed out. First, the anomalies increasingly show that conditionally constitutional and conditionally unconstitutional are substantially the same. Second, the use of conditionally constitutional clause as a ratio decidendi is considered to have no impact on the implementation of decisions. Third, the seven decisions analyzed further emphasized the Constitutional Court views that conditionally constitutional clause is deemed to be more effective in the implementation.

THE ACT OF JIHAD ON HIGHER EDUCATION INSTITUTION AGAINST CORRUPTION Abdul Wahid; Siti Marwiyah; Sunardi Sunardi
International Journal Education Multicultural of Islamic Society Vol 1, No 2 (2021): Journal Education Multicultural of Islamic Society
Publisher : Universitas Islam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33474/jemois.v1i2.12509

There is a paradoxical condition which afflicts higher education institution. On the one hand, higher education institution has proven itself as an educational institution which generates several knowledgeable and great people for the interest of Indonesian society and global community. However, another side of university is considered being affected by serious problems in relation with corruption in the state. Lots of notorious corruptors have already corrupted trillions of rupiahs from the state’s assets whereas these corruptors are higher education institution graduates. Moreover, there are many higher education institution elites who deal with law enforcement officials because they are alleged of doing corruption. A number of educational subjects in higher education institution were arrested by the Corruption Eradication Commission (KPK) because of their findings which indicate the misuse of government funds. Not only has it been regarded to physical construction of the higher education institution, but also the procurement of goods and services. Due to this condition, time has come for universities to promote educational jihad for the sake of corruption eradication in higher education institution.Keywords: universities, corruption, educational jihad, eradication

Idealitas eksistensi hakim komisaris terhadap konstruksi peradilan di Indonesia Bambang Satriya; Abdul Wahid; Mirin Primudyastutie
Jurnal Cakrawala Hukum Vol 12, No 3 (2021): December 2021
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v12i3.5974

This study aims to describe one of the political efforts of legal reform in the field of justice in Indonesia. This research describes that the presence or existence of norms that look at commissioner judges in preliminary examinations is part of an effort to prevent the possibility of the practice of abuse of roles or authorities that can damage the building of the criminal justice system with the modus operandi of violating the rights of suspects, whose role is more specific and has a value of certainty. compared to the role of judges in pretrial as it is today. This type of research in the problem of commissioner judges related to the ideals of legal reform is classified as normative juridical research or doctrinal research. The result obtained is that the existence of this commissioner judge is idealized to have a major impact on the reform of the performance model carried out by law enforcement officers at the fundamental level (investigation and investigation). The pattern of "judicial patronage" which can be understood as a pattern of placing law enforcement officers as masters, while suspects as objects, helpless figures, or "slaves" in the implementation of the criminal justice system, becomes an old disease or condition that reduces the conduciveness and progress of criminal justice, which by the role of the commissioner judge, is idealized to be curable.How to cite item: Satriya, B., Wahid, A., Primudyastutie, M. (2021). Idealitas eksistensi hakim komisaris terhadap konstruksi peradilan di Indonesia. Jurnal Cakrawala Hukum, 12(3), 254-262. doi:https://doi.org/10.26905/idjch.v12i3.5974

KOLABORASI KLEPTOKRASI BIROKRASI DAN KORPORASI Abdul Wahid
Yurispruden: Jurnal Fakultas Hukum Universitas Islam Malang Vol 1, No 1 (2018): Yurispruden : Jurnal Fakultas Hukum Universitas Islam Malang
Publisher : Fakultas Hukum Universitas Islam Malang

ABSTRACTCollaboration of kleptocracy practice among bureaucrats and corporation takes place quite several times. They do not consider the negative consequences which might influence a lot of people. They cooperate in coping with development projects whose handling is not undergone as it should be allocated in the budget. These projects are brought into reality but they have very low qualities because of the budget misuse. In addition, there are many development projects which do not generate satisfying results because half of the budget is corrupted by both bureaucrats and corporates. Corruption committed by both bureaucrats and corporates could be found or at least it could be assumed when the handling process of the development projects is finished haphazardly.Keywords: Bureaucracy, Corporation, Corruption, Kleptocracy, DevelopmentABSTRAK Kolaborasi praktik kleptokrasi antara birokrat dengan korporasi sudah demikian sering terjadi. Mereka tidak mempertimbangkan akibat buruk perbuatannya yang menimpa masyarakat. Mereka menjalin kerjasama dalam penanganan proyek-proyek pembangunan, yang penanganannya tidak dijalankannya sesuai dengan alokasi anggaran. Proyek-proyek ini memang terwujud, akan tetapi kualitasnya rendah akibat anggaran yang semestinya digunakan secara maksimal, justru disalahgunakannya. Sudah demikian banyak proyek-proyek pembangunan yang tidak memberikan hasil yang memuaskan akibat sebagian anggarannya dikorupsi secara berjamaah antara birokrat dengan pelaku korporasi. Korupsi dari kolaborasi pelaku korporasi dengan birokrasi ini dapat ditemukan, minimal dibaca sebagai dugaan ketika penanganan proyek pembangunan bersifat asal jadi.Kata Kunci: Birokrasi, Korporasi, Korupsi, Kleptokrasi, Pembangunan

Tafsir Misoginisme dan Inkonsistensi Birokrat (Implikasi Putusan MK No. 4/PUU-VIII/2010) Abdul Wahid
Jurnal Konstitusi Vol 8, No 2 (2011)
Publisher : The Constitutional Court of the Republic of Indonesia

The verdict of Constitutional Court (MK) Number 4/PUU-VIII/2010 can be described as a verdict blocking chances for the civil servant (Pegawai Negeri Sipil) to represent himself/herself as the head of executive in the district such as governor, mayor, regent, and any others in the mayor general election (Pemilukada) because one of the prerequisites to be a civil servant must be followed by a resignation letter. This prerequisite cannot be considered as a form of discrimination and injustice for the civil servant, yet as a kind of protection through the strategic role of the civil servant. If the civil servant still keeps going on its track, as a bureaucracy devotee, then people’s civil rights must have been fulfilled.

Politik legislasi Menentukan DeMokrasi (analisis Putusan no. 15/Puu-iX/2011) Abdul Wahid
Jurnal Konstitusi Vol 9, No 1 (2012)
Publisher : The Constitutional Court of the Republic of Indonesia

Not all juridical products are along with the society’s aspiration. There are some of the juridical products assessed as against the democracy enforcement by the society. The verdict number 15/PUU-IX/2011 given by the Constitutional Court is a kind of correction to the performance of the lawmakers (UU) if the law they produce are considered contra-democracy. Besides, the verdict of the Constitutional Court to some of the articles in the Law No. 2 Year 2011 actually might be read as a warning from the Constitutional Court to the lawmakers, especially those regulating the problem of political parties so that their performance could be maximized and transparent, and consider egalitarianism in the future.

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