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All Journal Yustisia Brawijaya Law Journal : Journal of Legal Studies Arena Hukum Nurani: Jurnal Kajian Syariah dan Masyarakat Veritas et Justitia Jurnal Media Hukum Rechtsidee Tadulako Law Review JURISDICTIE Jurnal Hukum dan Syariah Jurnal Konstitusi Jurnal Ilmiah Hukum LEGALITY Constitutional Review Lex Scientia Law Review Journal of Islamic Law Journal of Community Service and Empowerment Indonesian Journal of Law and Economics Review International Journal of Business, Law, and Education YURISDIKSI : Jurnal Wacana Hukum dan Sains JHCLS Journal of Social and Policy Issues International Journal of Educational Review, Law And Social Sciences (IJERLAS) Jurnal Konstitusi International Journal of Humanities Education and Social Sciences International Journal of Islamic Education, Research and Multiculturalism (IJIERM) Jurnal Hukum Prioris JILS (Journal of Indonesian Legal Studies)
Aan Eko Widiarto
Fakultas Hukum Universitas Brawijaya
Religion Aerospace Engineering Arts Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Neuroscience Social Sciences Other

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Decriminalization and Technology Integration in Juvenile Justice Rizki Akbar; Aan Eko Widiarto
Indonesian Journal of Law and Economics Review Vol 19 No 1 (2024): February
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/ijler.v19i1.993

Abstract

This normative juridical research, utilizing statutory and conceptual approaches, aims to explore future policy models for the legal protection of children within the juvenile criminal justice system in Indonesia. Acknowledging various challenges in the current system, the study emphasizes the necessity of reforming policies to ensure legal certainty and justice for minors in conflict with the law. The proposed model advocates for a 'pure decriminalization' approach, which involves removing the punishable nature of certain criminal elements committed by juvenile legal subjects. This model is complemented by a protection policy that underscores preventative measures to decrease the involvement of children in the criminal justice system. A significant emphasis is placed on integrating technology into the system to enhance efficiency and security, thereby safeguarding children's rights more effectively. Additionally, the research highlights the need for increased inter-agency and cross-sectoral cooperation within the legal structure (police, prosecutors, and courts) to create a more coordinated and holistic approach in addressing juvenile justice issues. The findings suggest that these strategic efforts can contribute significantly to the improvement of procedural law applications for children, ensuring their human rights are not violated in future legal encounters.Highlights: Pure Decriminalization Model: Emphasizes removing the punitive aspects for certain juvenile offenses, focusing on rehabilitation over punishment. Technological Advancements: Integration of technology in the juvenile justice system to enhance efficiency, security, and protection of children's rights. Enhanced Inter-agency Collaboration: Advocates for improved cooperation between legal entities for a holistic and coordinated approach to juvenile justice issues. Keywords: Juvenile Justice, Decriminalization, Legal Protection, Technology Integration, Inter-agency Cooperation
Rethinking 'Res Judicata Pro Varitate Habetur' in Indonesian Judiciary Fathorrahman Fathor; Aan Eko Widiarto
Indonesian Journal of Law and Economics Review Vol 19 No 1 (2024): February
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/ijler.v19i1.995

Abstract

This research explores the principle of "Res Judicata Pro Varitate Habetur," a legal doctrine asserting that a judicial decision with legal authority must be considered correct and binding. Focusing on its application in the decisions of the Constitutional Court (MK) and the Supreme Court (MA) of Indonesia, the study emphasizes the authority and differences in the finality of their rulings. It proposes a conceptual update to "Res Judicata Pro Varitate Habetur" aimed at enhancing public access to legal truth, considering the need to balance legal certainty with judicial system improvements. The research employs a Juridical-Normative method, incorporating conceptual, juridical, and case study approaches. The conceptual approach underscores the importance of understanding legal concepts as a preliminary step in analyzing legal norms. This approach involves the analysis of legal texts, the objectives of the law, and the relevant legal system. The juridical approach involves understanding and analyzing law by referring to the applicable written norms, while the case study approach involves analyzing court decisions or relevant legal cases. The findings highlight the role of this principle in maintaining legal certainty, and suggest that its conceptual update could enhance public access to legal truth and contribute to legal thought on future judicial system reform. Highlights: Conceptual Reevaluation: The study emphasizes rethinking the 'Res Judicata Pro Varitate Habetur' principle to better balance legal certainty and judicial fairness in Indonesia. Methodological Approach: Employing a Juridical-Normative method, the research integrates conceptual analysis, legal norms study, and case examination for comprehensive insights. Implications for Judicial Reform: Findings suggest potential improvements in public access to justice and contribute to broader discussions on reforming the Indonesian judicial system. Keywords: Res Judicata Pro Varitate Habetur, Indonesian Judiciary, Legal Certainty, Judicial Reform, Public Access to Justice
INDONESIA'S FUTURE ACTING PRESIDENCY: MAINTAINING OR REPLACING THE NEW ORDER LEGACY Ramadhan, Febriansyah; Widagdo, Setyo; Widiarto, Aan Eko; Susmayanti, Riana
Veritas et Justitia Vol. 10 No. 1 (2024): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v10i1.7273

Abstract

The interim president anticipates the vacancy of the office of president and vice president; Indonesia calls it ‘pelaksana tugas kepresidenan’, which is filled by the minister of home affairs, foreign affairs, and minister of defense. This article explores the two actors (bureaucrats and legitimacy) who become interim presidents in the constitutions of the world's countries. Next, the Indonesian arrangement and accompanying problems in the 1945 Constitution will be reviewed. This article is aided by a doctrinal research method with historical, legislative, and comparative constitutional approaches. Indonesia has its peculiarities compared to the constitutions of world countries because it applies a compound position as interim President adopted from the New Order legal products (Tap MPR VII/1973) without going through a decontextualisation process, so it still applies the old features (bureaucratic actors) with compound/collegial executive positions in the new constitutional structure that seeks to purify the presidential system. In addition, there are conditions that the 1945 Constitution still cannot resolve and that cause paralysis of governance. This article offers one solution—which could alleviate two specific problems simultaneously—and that is to make the Speaker of the House of Representatives (DPR) the acting President of the future. 
Urgency of Establishing Qanun on the Functional Duties of the High Prosecutor's Office in Aceh Province Ridha Zikri; Thahir Luth; Aan Eko Widiarto
International Journal Of Humanities Education and Social Sciences (IJHESS) Vol 3 No 6 (2024): IJHESS JUNE 2024
Publisher : CV. AFDIFAL MAJU BERKAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55227/ijhess.v3i6.1122

Abstract

The success and sustainability of the implementation of Islamic Shari'a in Aceh is not only the burden of local law enforcement agencies such as Wilayatul Hisbah, the Syar'iyah Court and the Islamic Shari'a Office, law enforcement agencies on a national scale are also involved such as the Indonesian National Police through the Aceh Regional Police and the Attorney General's Office in Aceh Province in charge of transferring Jinayat (Islamic criminal law) cases to the Syar'iyah Court. However, this task of the prosecutor's office is considered by the researcher to need improvement because the role of the prosecutor's office is responsible for the delegation of cases to 2 (two) different courts. Of course, this improvement is needed through Qanun which has legitimacy as a regional regulation in the Indonesian legal system. Based on this description, this research is a typology of normative (legal) research. The results and discussion in this study conclude: First, the area of Islamic shari'a law enforcement has a synchronization between Law Number 1 of 2021 concerning the Prosecutor's Office of the Republic of Indonesia with the Aceh Qanun in the enforcement of Islamic shari'a in Aceh. The presence of Islamic law enforcement agencies in Aceh does not mean that the task of enforcing Islamic law is only government agencies. Second, the Urgency of the establishment of Qanun Aceh Prosecutor's Functional Duty is a social condition that requires improvement in the enforcement of Islamic shari'a in Aceh
The construction of legal basis relevant to the state of law in the event of pandemic emergency: a lesson from Indonesia Widiarto, Aan Eko; Dahlan, Muhammad; Arrsa, Ria Casmi
Legality : Jurnal Ilmiah Hukum Vol. 30 No. 2 (2022): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v30i2.23553

Abstract

This paper aims to study the construction of an appropriate legal basis for a state of law in responding to the Covid-19 emergency. As a state of law, Indonesia has been making many regulations at both central and local government levels. The regulations vary, ranging from Government Regulations in Lieu of Law, Ministerial Regulations, Ministerial Decrees, and Joint Decrees of Ministerial Instructions, to the Regulations of Regional Heads, and these regulations have led to overlapping regulations. With normative-juridical methods, the prescriptive technique was used to further analyze the problem and find a new concept of the construction of an appropriate legal basis in responding to the Covid-19 emergency. The research results show that, juridically, the use of non-legal products such as Ministerial Instructions and Circular Letters issued by ministers during the Covid-19 emergency in Indonesia has fulfilled the procedural aspects of law-making but not the substantive ones regarding the curbs restricting people’s social activities. This research recommends that the construction of a legal basis intended to respond to a state of emergency should simultaneously meet both procedural and substantive aspects
The Hierarchical Model of Delegated Legislation in Indonesia Al-Fatih, Sholahuddin; Safaat, Muchamad Ali; Widiarto, Aan Eko; Al Uyun, Dhia; Nur, Muhammad
Lex Scientia Law Review Vol 7 No 2 (2023): Justice in Broader Context: Contemporary and Controversial Issues in Indonesia an
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lesrev.v7i2.74651

Abstract

In a democratic rule of law like Indonesia, delegated legislation emerges as a necessity. Unfortunately, Article 8, paragraph (1) of Law Number 12 of 2011 concerning the Establishment of Laws and Regulations, in conjunction with Law Number 13 of 2022 concerning the Second Amendment to Law Number 12 of 2011, fails to articulate a clear hierarchy of delegated regulations. Employing a juridical-normative research approach encompassing statutory, historical, and conceptual dimensions, this study sheds light on the prevailing legal vacuum. The research reveals that a staggering 24,052 regulations at the level of Ministries, Agencies, and State Institutions run the risk of overlapping and becoming subject to judicial review in the Supreme Court. The definition of Delegated Legislations in Indonesia, as interpreted herein, is confined to regulations whose legal construction is executed by the executive, as long as formal legal norms continue to confer the authority of delegation in the legislative domain to implement superior regulations. This paper identifies three distinct models governing the structuring of Delegated Legislations within the hierarchy of laws and regulations in Indonesia. These models include the Hierarchical model based on the legal foundation of institution formation, the Hierarchical model based on the position of the institution, and the Hierarchical model based on the source of delegated authority in forming rules. This nuanced exploration seeks to address the complexities surrounding delegated legislation, aiming to provide clarity and coherence within the Indonesian legal framework.
The Space Between Us: Questioning Multi-Spatial Justice in the Upcoming Indonesia’s Capital Listiningrum, Prischa; Al Anwary, Muhammad Anis Zhafran; Widiarto, Aan Eko; Susmayanti, Riana; Nurosidah, Sherlita
Journal of Human Rights, Culture and Legal System Vol. 3 No. 3 (2023): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jhcls.v3i3.169

Abstract

Land is not only defined as an object of ownership by certain community groups, especially indigenous communities. Land has intrinsic value inherent in the way of life and culture, thus affecting the quality of life. This article examines the potential implications of the land acquisiton process in the prospected Nusantara Capital in regards to the fulfillment of the right to an adequate standard of living. It is reviewed by engaging multi-spatial justice within the context of city development and urban transformation with learning lessons from Brasilia and Jakarta. Utilizing a qualitative socio-legal approach, the research employs systematic and structural interpretation of various legal instruments. It incorporates the concept of multi-spatial justice as part of a critical legal geography and urban sociology theory to understand the potential of segregation and gentrification in the Nusantara Capital. The results highlight three key aspects. Firstly, the concept of multi-spatial justice underscores the need to consider diverse spatial entities and their equitable treatment. Secondly, analyzing the State Capital Law reveals both promising and concerning aspects of spatial justice. While it aims to balance development and inclusivity, inconsistencies within the law's provisions raise concerns about potential injustices. Lastly, the study anticipates future inequities between local and urban spatials due to unequal land compensation. These findings emphasize the importance of addressing procedural and substantive fairness in land acquisition, fostering inclusive urban development, and aligning legal instruments with principles of multi-spatial justice.
Interpretation of the Constitution on the Arrangement of State-Owned Enterprises in the National Economic System Based on the Decision of the Constitutional Court Harvelian, Agnes; Safa’at, Muchamad Ali; Widiarto, Aan Eko; Qurbani, Indah Dwi
Nurani Vol 23 No 1 (2023): Nurani: jurnal kajian syari'ah dan masyarakat
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/nurani.v23i1.17109

Abstract

The constitutional interpretation of the regulation of State-Owned Enterprises (BUMN) is still looking for the right method, BUMN as the embodiment of the constitution for the state's responsibility in managing strategic resources that are used as wide as possible for the prosperity of the people. Submission of a judicial review to the Constitutional Court regarding BUMN can show the direction of constitutional interpretation given by the judges of the Constitutional Court. This article examines whether the constitutional interpretation of SOE arrangements is in accordance with Indonesia's national economic system. The method of approach in this writing is descriptive analysis which explains and analyzes the constitutional interpretation of SOE regulations. the results of the study reveal that the constitutional court has carried out its duties in accordance with the basic principles and principles of the constitution. The Constitutional Court in every decision in the field of BUMN dominates its interpretation by using an originalist interpretation.
The Relationship Between the Constitutional Judges’ Selection by the House of Representatives and The Position of Judges in Judicial Review Decisions Muchamad Ali Safa’at; Aan Eko Widiarto; Haru Permadi; Muhammad Dahlan
Constitutional Review Vol. 10 No. 2 (2024)
Publisher : The Constitutional Court of the Republic of Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31078/consrev1024

Abstract

The two issues raised in this study are the selection mechanism for constitutional judges nominated by the House of Representative (DPR) and the correlation between the selection of constitutional judges nominated by the DPR and the position of the judge in the decision to review the law. This research analizes the position of the constitutional judges on 8 judicial review decision which correlated to the authority and interests of the DPR. Judges who are nominated through a highly transparent and participatory selection process or a transparent and participatory process may rule in favor of or against the interests of the DPR. However, judges who are nominated through a selection process that is not transparent and participatory will all make decisions in favor of the interests of the DPR. That finding show that the judge nominated through a highly transparent and participatory selection process tends to be more independent than the judge nominated through less transparent and participatory selection process.
Connectivity of Discretionary Status in State Administrative Court Lawsuit: Implications After Law Number 6 of 2023 on Amendments to the Job Creation PERPPU Risadde, Fahmi Rosya; Widiarto, Aan Eko; Qurbani, Indah Dwi
Journal of Social and Policy Issues Volume 4, No 4 (2024) October - December
Publisher : Pencerah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58835/jspi.v4i4.382

Abstract

This research aims to analyze the impact of regulatory changes on the handling of discretionary authority within the State Administrative Court (PTUN) in Indonesia. Specifically, it examines how the legal status of discretion as an object of dispute has evolved following the enactment of Law No. 6 of 2023, which amended the Job Creation Perppu. The study focuses on how this legislative reform affects the acceptance and settlement of lawsuits related to discretionary decisions by public officials, as well as the legal boundaries that define which discretionary actions can be challenged in court. Using a normative juridical approach and in particular, this research employs statutory analysis to evaluate relevant laws and regulations, case studies to analyze precedents in PTUN decisions, and a comparative approach to assess differences in discretionary oversight before and after the enactment of Law No. 6 of 2023. The findings show that Law No. 6 of 2023 enhances judicial oversight of discretionary actions by allowing challenges based on both procedural and substantive grounds. It sets clearer limits on discretionary authority, requiring decisions to meet standards of transparency, accountability, and public interest. This reform strengthens the PTUN's role in reviewing not only the legality but also the justification of administrative decisions, offering citizens greater protection against arbitrary discretion and promoting good governance. This research contributes to academic discourse on administrative law by offering specific insights into how Law No. 6 of 2023 impacts discretionary authority and PTUN supervision. It highlights that the law now requires discretionary acts to meet stricter standards, focusing on procedural transparency and substantive justification. For instance, public officials must ensure their decisions align with good governance principles, and PTUN now plays a stronger role in assessing the substance of these actions. This provides legal practitioners with clearer guidelines for handling disputes involving discretion, particularly regarding the balance between decision-making flexibility and citizen protection.
Co-Authors Afrizal Mukti Wibowo Agnes Harvelian Agnes Harvelian, Agnes Agus Kusnadi Agustina, Enno Sellya Al Anwary, Muhammad Anis Zhafran Al-Uyun, Dhia Benny Riyanto Dhia Al Uyun, Dhia Esmi Warrasih Pujirahayu Fadli, Moh. Faizin Sulistio Fajar Laksono Suroso Fajar Laksono Suroso, Fajar Laksono Fathorrahman Fathor Haru Permadi Indah Dwi Qurbani Jenrison Nainggolan Mardian Wibowo Marianus Mochammad Tanzil Multazam Mohammad Fadli Muchamad Ali Safaat Muchamad Ali Safa’at Muhammad Dahlan Muhammad Dahlan Muhammad Nur Muhtar Said, Muhtar Prischa Listiningrum Putra, Marsudi Dedi Rachmad Syafa’at Rahayu, Nur Irma Ramadhan, Febriansyah Ria Casmi Arrsa Riana Susmayanti Ridha Zikri Risadde, Fahmi Rosya Rizki Akbar Safa'at, Muchammad Ali Safa’at, Muchamad Ali Setiawan Nurdayasakti Setya Negara, Tunggal Ashari Setyo Widagdo Sherlita Nurosidah, Sherlita Sholahuddin Al-Fatih Sihombing, Uli Parulian Sudarsono Syafa'at, Rachmat Thahir Luth Triya Indra Rahmawan Tunggul Ansari Setia Negara Usihen, Min Wahyu Iswantoro