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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 Jurnal Hukum Novelty 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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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.
Conditional Decisions as Instrument Guarding the Supremacy of the Constitution (Analysis of conditional decisions of Indonesian Constitutional Court in 2003 - 2017) Safa'at, Muchamad Ali; Eko Widiarto, Aan
Brawijaya Law Journal Vol. 8 No. 1 (2021): Contemporary Issue in Private Law
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2021.008.01.06

Abstract

The function of the Indonesian Constitutional Court as the guardian of the constitution is mainly conducted through the judicial review authority. From 2003 to April 2021, the Constitutional Court has received and decided 1392 petitions over judicial review. In its dictums, the Constitutional Court often declares conditionally constitutional or conditionally unconstitutional (conditional decision). The conditional decision is a decision of the Court that declares the reviewed norm conditionally constitutional or unconstitutional. The norm is constitutional if interpreted according to the Court interpretation, or the norm is unconstitutional if interpreted in specific ways. This research investigates the criteria of judicial review decisions that declare conditionally constitutional and conditionally unconstitutional according to the characteristics of norms of the law reviewed. The analysis was limited to the Court decisions from 2003 to 2017. The research result indicates that distinguishing characteristics of norms reviewed have no correlation with conditionally constitutional or conditionally unconstitutional options.  Conditionally Constitutional Decision was used by the Court before replaced by Conditionally Unconstitutional Decision due to the weakness of decision implementation. For conditionally unconstitutional decisions are connected to the substance of the decision, creating a new norm that replaces, limit, or elaborate reviewed norm. The conditional decision is still required due to the following three aspects: enforcement of the supremacy of the constitution, the presumption of validity, and strengthening the execution of Constitutional Court decisions.
Formation of Indonesian Laws Post-2022 Amendment to Law No. 12 of 2011 Usihen, Min; Anshari, Tunggul; Riyanto, R. Benny; Eko Widiarto, Aan
International Journal Of Humanities Education and Social Sciences (IJHESS) Vol 4 No 3 (2024): IJHESS DECEMBER 2024
Publisher : CV. AFDIFAL MAJU BERKAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55227/ijhess.v4i3.1235

Abstract

This study aims to analyze the evolution of legal politics in Indonesia’s legislative framework following the amendment of Law No. 12/2011 through the enactment of Law No. 13/2022. This amendment introduced the omnibus method as an innovative approach to drafting regulations. Employing a qualitative methodology rooted in doctrinal legal research and normative analysis, the study examines legal texts, judicial decisions, and other legislative materials. The methodology emphasizes the analysis of legal principles and norms to ensure alignment with constitutional directives and international legal standards. The findings indicate that the implementation of the omnibus method enhances efficiency in the legislative process by consolidating overlapping regulations into a cohesive legal framework. This approach facilitates efforts to address regulatory overload and promotes greater legal certainty. Nevertheless, the study identifies challenges such as resistance within the legislative process and the necessity for continuous oversight to maximize the benefits of this approach. In conclusion, the enactment of Law No. 13/2022 represents a pivotal advancement toward a more responsive and efficient legislative framework in Indonesia. This research provides a valuable contribution to understanding the political dynamics of legal reform and the broader implications of adopting the omnibus method in the national legislative system.
Validity of Rental Agreement for Renting Land of Reward Between Village Head with Private Parties Who Exceed The Term of Office Village Head Agustina, Enno Sellya; Anshari, Tunggul; Widiarto, Aan Eko
International Journal of Business, Law, and Education Vol. 5 No. 1 (2024): International Journal of Business, Law, and Education
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v5i1.409

Abstract

Based on the issues related to the lease of reward land between the village chief and a private party that exceeds the chief's term, this paper aims to analyze the legality of the lease agreement for reward land between the village chief and a private party that extends beyond his term of office. In this paper, the researcher uses a normative juridical method, along with a legislative and case study approach. Then, with this analysis, the researcher can address the raised issue about the legality of the lease agreement for reward land between the village chief. From these issues, it can be concluded that the legality of the lease agreement for reward land between the village chief and a private party is regulated in Permendagri Number 1 of 2016 concerning the Management of Village Assets, with the maximum lease limit for reward land being a maximum of 3 (three) years. If there is a lease agreement for reward land between the village chief and a private party that exceeds the chief's term of office, then the agreement is legally void.
Legal Implications of The Regulation of Material Legal Norms in A Supreme Court Regulation (PERMA) Wahyu Iswantoro; Tunggul Anshari Setia Negara; Aan Eko Widiarto
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 20 No. 4 (2025): March
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v20i4.271

Abstract

Apart from being the authority of the DPR and the President, the 1945 Constitution of the Republic of Indonesia also gives authority to judicial institutions such as the Supreme Court to make or form regulations. Whereas following Article 79 Paragraph (1) of the Supreme Court Law, the authority to regulate the Supreme Court is limited to supplementing procedural law, however, in its development, several PERMAs such as PERMA 2/2012 regulate the content of material legal norms and are externally binding, which should be regulated at the level law and becomes the authority of lawmakers (legislative act). The main issue that is important to research is what are the legal implications of regulating material legal norms in a PERMA. Under the problems raised, this research is doctrinal research also known as normative research. The approaches used are a statutory approach and a conceptual approach. Based on the results of this research, there are 2 (two) legal implications of regulating material legal norms in a PERMA, namely: Overlapping Material Content of Legal Norms and the Unclear Position of PERMA in the Hierarchy of Legislative Regulations. As a result of these three legal implications, law enforcement officials as a legal structure will be unsure whether to follow PERMA as a statutory regulation that is aligned with the law or whether to ignore it.
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 Fathor, Fathorrahman Haru Permadi Indah Dwi Qurbani Jenrison Nainggolan Mardian Wibowo Marianus Moch 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 Rahmat, Al Fauzi Ramadhan, Febriansyah Ria Casmi Arrsa Riana Susmayanti Ridha Zikri Risadde, Fahmi Rosya Rizki Akbar, Rizki 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 Uyun, Dhia Al Wahyu Iswantoro