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Integration Between Pancasila Education With Historical And Cultural Education Anang Dony Irawan; Devy Afriska Widyasari
Metafora: Education, Social Sciences and Humanities Journal Vol. 7 No. 1 (2023): Sosial Academic
Publisher : Fakultas Ilmu Sosial dan Hukum, Universitas Negeri Surabaya

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Pancasila education is the basis of education for Indonesian citizens in understanding the ideology of Pancasila. Without understanding the origins of the formation of Pancasila, an understanding of the ideology of Pancasila cannot be known in its entirety. Pancasila has life values taken from Indonesian history and culture, so it can be seen that in understanding the Pancasila ideology, it is also necessary to study Indonesian history and culture which reflects the life of the Indonesian people. In a survey conducted on this issue, it was found that 69.2% of the respondents did not understand the origins of the Pancasila ideology in terms of Indonesian culture and history. Often there are separatist movements that occur because the perpetrators do not embrace the values of Pancasila, it could be because they do not understand the history and culture of Indonesia which is embedded in the Pancasila ideology itself. By integrating Pancasila education with Indonesian history and culture education, it is hoped that students will be able to understand the philosophical and ethical aspects of Pancasila. Act in accordance with the character of the nation so that there will be no problem of differences of opinion that can cause divisions in the Indonesian nation.

Penerapan Asas Individualiteit terhadap Sistematika Berjalannya Hukum Kebendaan di Masyarakat Indonesia Al Qodar Purwo Sulistyo; Anang Dony Irawan; Titi Mahira Aâ€™dawiyah; Rosita Indriani; Muhammad Nur Hidayat
Ahmad Dahlan Legal Perspective Vol. 3 No. 1 (2023)
Publisher : Universitas Ahmad Dahlan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.12928/adlp.v3i1.8005

The existence of material law is very important in a social life. With the existence of material law all objects can be regulated so as to create a life that respects each other regarding material possessions and power over their owners. Of course material rights are based on statutory provisions so that they are binding. So that its existence provides things that need to be obeyed by the community in order to achieve a welfare state or a welfare state in accordance with the ideals of the state. With this basis, the principle of individuality can certainly be realized in society through material law because it is based on existing laws. The effectiveness of the principle of individuality can be realized on the basis of the existence of applicable laws and regulations, as stated in Law Number 12 of 2011. With the existence of applicable material law, it certainly has a full effect on people's lives, where people must obey and submit and comply with all rules. law especially in the implementation of statutory regulations that have been stipulated. So that the enforcement of the law of objects based on the principle of individuality can run in accordance with existing provisions. This principle makes it easier for the community to claim their ownership rights to an object because according to this principle the rights to objects can be determined individually. The right to own an object means the right to enjoy an object freely and regarding this property right is very necessary for the community so that problems do not occur in the future. The research contribution is expected that these guarantees will later become two parts, namely material (material) guarantees in the form of absolute rights to an object and can be maintained and transferred and immaterial (individual) guarantees which only cause direct relationships to certain individuals. This research method uses normative juridical, using a journal literacy approach using materials in the form of legal principles, related basic laws as primary or principal legal materials in completing this research. The systematic application of object law based on the principle of individuality can be carried out because it has been determined and ratified by the legislature with the approval of the president, of course.

The Polemic of Adding the Term of Office for the Village Head in View from the Perception of Constitutional Law Anang Dony Irawan; Ida Ayu Rosida; Ega Permatadani
Pancasila and Law Review Vol 4 No 2 (2023): Issue In Progress (August 2023)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/plr.v4i2.3034

Village administration is the spearhead of national economic development and resilience. In its history, the Village has received recognition by passing Law Number 6 of 2014 concerning Villages. Before the existence of the Village Law, the basis for recognition by the Village Government was only found in Article 18B paragraph (2) of the 1945 Constitution of the Republic of Indonesia. This article tries to find out the forms of community participation in changing laws and regulations regarding Villages. In addition, it also examines the polemic over demands for an additional term of office for the Village Head, which has become the public spotlight from the perspective of Indonesian constitutional law. The type of research used in the preparation of this article is normative juridical with a statute approach and library research, by searching data and sources, which after that did a review and analysis until finally it was put in the form of writing of this article. Considering that Indonesia is a democratic country and not a communist country, where the communist government system seems authoritarian, and the term of office is long, the Village Law contains regulations regarding village authority and the term of office of the Village Head.

PURPOSE LEGISLATION STATUS (PSEUDOWETGEVING) AGAINST LEGAL REGULATIONS (ACCORDING TO LAW NUMBER 12 OF 2011 JO. LAW NUMBER 15 OF 2019 REGARDING THE ESTABLISHMENT OF LEGISLATION REGULATIONS) Grace Sharon; Bintang Aulia Hutama; Levina Yustitianingtyas; Anang Dony Irawan
JHR (Jurnal Hukum Replik) Vol 11, No 2 (2023): JURNAL HUKUM REPLIK
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v11i2.8338

Pseudo-legislation (pseudovetgeving) in the Dutch Legal Dictionary is defined as “regelstelling door een bettokken bestuursorgaan zonder dat dit op grond van een uitdrukkelijke wettelijke bepaling die bevoegdheid bezit”. Which can be understood as a regulation made by the competent Administrative Body but the policy does not have the power based on explicit statutory provisions. In writing this article, there are three main ideas related to the background of the problems raised, namely the use of the legal system by the Indonesian state which is more inclined to the common law system or civil law system, the ordering of laws and regulations in Indonesia, and the position of pseudo legislation (pseudowetgeving) or policy regulations (beleidsregels) against existing laws and regulations in Indonesia. To provide comprehensive results, in writing articles used research methods that are normative juridical. The conclusions obtained in this study are that Indonesia is a state of law with a civil law system character that makes so many legal products issued by the executive body, including pseudo legislation. However, this is not explicitly regulated in Law Number 12 of 2011 Jo. Law Number 15 of 2019 concerning the Establishment of Legislation, but it is implied in the regulation of the National Archives of the Republic of Indonesia Number 5 of 2021 concerning General Guidelines for the Administration of Service Manuscripts, specifically in the section "regulation official documents and determination official documents". The conclusions obtained in this study are that Indonesia is a state of law with a civil law system character that makes so many legal products issued by the executive body, including pseudo legislation. However, this is not explicitly regulated in Law No. 12 of 2011 Jo. Law Number 15 of 2019 concerning the Establishment of Legislation, but it is implied in the regulation of the National Archives of the Republic of Indonesia Number 5 of 2021 concerning General Guidelines for the Administration of Service Manuscripts, specifically in the section "regulation official documents and determination official documents". The conclusions obtained in this study are that Indonesia is a state of law with a civil law system character that makes so many legal products issued by the executive body, including pseudo legislation. However, this is not explicitly regulated in Law Number 12 of 2011 Jo. Law Number 15 of 2019 concerning the Establishment of Legislation, but it is implied in the regulation of the National Archives of the Republic of Indonesia Number 5 of 2021 concerning General Guidelines for the Administration of Service Manuscripts, specifically in the section "regulation official documents and determination official documents".Keywords: Pseudo-Legislation (Pseudowetgeving); Hierarchy Of Laws And Regulations; Civil Law System.

The Polemic of Adding the Term of Office for the Village Head in View from the Perception of Constitutional Law Anang Dony Irawan; Ida Ayu Rosida; Ega Permatadani
Pancasila and Law Review Vol 4 No 2 (2023)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/plr.v4i2.3034

Village administration is the spearhead of national economic development and resilience. In its history, the Village has received recognition by passing Law Number 6 of 2014 concerning Villages. Before the existence of the Village Law, the basis for recognition by the Village Government was only found in Article 18B paragraph (2) of the 1945 Constitution of the Republic of Indonesia. This article tries to find out the forms of community participation in changing laws and regulations regarding Villages. In addition, it also examines the polemic over demands for an additional term of office for the Village Head, which has become the public spotlight from the perspective of Indonesian constitutional law. The type of research used in the preparation of this article is normative juridical with a statute approach and library research, by searching data and sources, which after that did a review and analysis until finally it was put in the form of writing of this article. Considering that Indonesia is a democratic country and not a communist country, where the communist government system seems authoritarian, and the term of office is long, the Village Law contains regulations regarding village authority and the term of office of the Village Head.

The Dynamics of the Opposition and Coalition Parties within the Indonesian Pancasila Democratic System Titi Mahira A’dawiyah; Anang Dony Irawan
Media of Law and Sharia Vol. 4 No. 3: June 2023
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/mls.v4i3.28

Pancasila democracy places the people at the center, focusing on the ideology of democracy and Pancasila as the state's guiding principle. In the current era of political openness and transparency, various dynamics have emerged, including changes in the democratic system over time in Indonesia and conflicts experienced by political parties, ranging from opposition as government watchdogs to coalitions as policy-makers. These dynamics have given rise to numerous theories regarding the function of state institutions. One of the most prominent theories is Montesquieu's trias politica, which divides power into the Executive, Legislative, and Judiciary, serving as a balancing mechanism for democracy and the dynamics within the Indonesia. This study utilizes normative legal materials, namely books, legal journals, and online sources, to examine the background of the problem. Within this research, it was discovered that the dynamics of democracy in Indonesia are influenced by historical factors deeply ingrained in its fabric. Furthermore, the state ideology has undergone several transformations, starting from the shift from guided democracy to Pancasila and subsequently the reformation era, ultimately culminating in the present. There have been numerous disputes in the pursuit of becoming a sovereign democratic nation in accordance with the 1945 Constitution and Pancasila.

Kedudukan Hukum Surat Edaran Mahkamah Agung Nomor 2 Tahun 2023 Terhadap Prinsip Kebebasan Hakim dalam Memutus Perkara Girianto Edy Purnomo; Anang Dony Irawan
Media of Law and Sharia Vol. 5 No. 3: June 2024
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/mls.v5i3.111

This research aimed to examine the position of the Supreme Court Circular Letter, or hereinafter referred to SEMA, Number 2 of 2023 regarding the principle of Judges’ freedom in deciding cases. The method used normative juridical with a statutory approach. The primary, secondary and tertiary legal materials obtained analyzed using legal searches. The research results showed that SEMA’s legal position in the hierarchy of statutory regulations is below the law. Considering that the contents are contrary to the principle of freedom of judges in deciding cases in accordance with Article 3 Paragraph (1) and Elucidation of Article 3 Paragraph (1) of Law Number 48 of 2009 concerning Judicial Power, the existence of SEMA will also cause Judges to lose their freedom in deciding cases in the case of applications for registration of interfaith marriages, this will further be a dilemma for the judge when handling this case considering that the legal regulations regarding applications for interfaith marriages are also still valid and in force

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