Articles
<![CDATA[Politik Hukum Perekonomian Berdasarkan Pasal 33 UUD 1945 ]]>
<![CDATA[Taufiqurrohman Syahuri]]>
<![CDATA[ Jurnal Konstitusi Vol 9, No 2 (2012) ]]>
Publisher : <![CDATA[The Constitutional Court of the Republic of Indonesia ]]>
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DOI: 10.31078/jk921
<![CDATA[Article 33 of the 1945 Constitution of the Republic of Indonesia regulates on National Economy and Social Welfare. Thoughts and ideas of the founding fathers in drafting that article can be traced through the study of Political Law. The study was conducted by using historical approach to explore the ideas of the framers when drafting that article. Thoughts and ideas of the framers are the object of analysis in this essay. They are among other things: first, the seriousness of the state in protecting the entire nation and the homeland based on the concept of unity in a real effort to bring about social justice; second, the concept of “Social Welfare” is intended to guarantee the welfare to the state/government and all the people; third, the framers who are committed and convinced that the ideals of social justice in the economy can achieve equitable prosperity; fourth, the framers requires that the state only do the maintenance (bestuursdaad) and process (beheersdaad), instead of proprietary (eigensdaad).]]>
<![CDATA[Sinkronisasi Aturan Hukum Dalam Sistem Desentralisasi Regulasi Bagi Daerah Otonomi Khusus Papua ]]>
<![CDATA[Loisa Merlin Tegay]]>;
<![CDATA[Taufiqurrohman Syahuri]]>;
<![CDATA[Mardi Candra]]>
<![CDATA[ SALAM: Jurnal Sosial dan Budaya Syar-i Vol 9, No 4 (2022) ]]>
Publisher : <![CDATA[Faculty of Sharia and Law UIN Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/sjsbs.v9i4.27274
<![CDATA[Synchronization of the rule of law in the decentralized regulatory framework for the special autonomous area of Papua is discussed. This legal research employs a normative juridical approach supported by an empirical juridical description, namely a deductive study that begins with an analysis of the articles in the laws and regulations governing the issue of synchronizing legal rules pertaining to decentralization in Papua Province. Law Number 21 of 2001 concerning Special Autonomy for the Papua Province represents the political will of the Unitary State of the Republic of Indonesia, to the people of Papua, based on the consideration that the administration of development implementation in the Papua Province during its integration with Indonesia has not fully fulfilled the sense of justice, achieved prosperity and realize law enforcement and have not fully fulfilled the respect for human dignity.Keywords: Synchronization of the Rule of Law; Decentralized System; Special Autonomous Region AbstrakPembahasan mengenai sinkronisasi aturan hukum dalam sistem desentralisasi regulasi bagi daerah otonomi khusus Papua. Metode pendekatan yang dipergunakan dalam penelitian hukum ini adalah metode pendekatan yuridis normatif yang didukung dengan yuridis empiris dengan merinci uraian yaitu suatu penelitian yang secara deduktif dimulai analisa terhadap pasal-pasal dalam peraturan perundang-undangan yang mengatur terhadap permasalahan sinkronisasi aturan hukum terkait Desentralisasi di Provinsi Papua. Undang-Undang Nomor 21 Tahun 2001 tentang Otonomi Khusus bagi Provinsi Papua, merupakan political will Negara Kesatuan Republik Indonesia, kepada rakyat Papua, dengan dasar pertimbangan bahwa penyelenggraan pemerintahan pelaksanaan pembangunan di Provinsi Papua selama berintegrasi dengan Indonesia belum sepenuhnya memenuhi rasa keadilan, mencapai kesejahteraan dan mewujudkan penegakan hukum dan belum sepenuhnya memenuhi rasa penghormatan terhadap hak- hak asasi manusia, khususnya orang asli Papua. Dalam penulisan ini penulis menggunakan metode kualitatif deskriptif denga hasil penelitian mengenai aturan hukum terkait desentralisasi di provinsi papua.Kata Kunci: Sinkronisasi Aturan Hukum, Sistem Desentralisasi, Daerah Otonomi Khusus]]>
<![CDATA[Citizenship In Immigration Perspective ]]>
<![CDATA[Yogi Prabowo]]>;
<![CDATA[Taufiqurrohman Syahuri]]>
<![CDATA[ Journal of Law and Border Protection Vol 4 No 2 (2022): JLBP : Journal of Law and Border Protection ]]>
Publisher : <![CDATA[Polteknik Imigrasi ]]>
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DOI: 10.52617/jlbp.v4i2.360
<![CDATA[Citizenship shows the relationship between the state and citizens. The right to citizenship is the basic right of every person. However, the state absolutely can determine the principles in determining citizenship. Indonesia has made arrangements for citizenship through Law Number 12 of 2006 regarding Citizenship of the Republic of Indonesia. This research uses normative legal analysis because the object of this research is the legislation which has permanent and binding legal force. Conceptually, Indonesia makes Pancasila as its own views, ideas, and ideals about ideal citizenship. In determining citizenship status, Indonesia adheres to the ius sanguinis principle and the ius soli principle to a limited extent. Basically, Indonesia applies single citizenship, but children can be given limited dual citizenship for the sake of fulfilling human rights and protection. With the regulation of citizenship both in national and international law, in fact there are still stateless people. Indonesia is also inseparable from the existence of stateless people. In line with the regulation of citizenship in Indonesia, Immigration is here to provide services and protection to the status of Indonesian citizenship, as well as to ensure the existence and activities of foreign nationals in the territory of Indonesia in order to guarantee the potential, dignity and worth of every person in accordance with human rights based on Pancasila and The 1945 Constitution of the Republic of Indonesia.]]>
<![CDATA[Eksistensi Politik Hukum Li dan Fa Dalam Ajaran Cina ]]>
<![CDATA[Nana Supena]]>;
<![CDATA[Taufiqurrohman Syahuri]]>
<![CDATA[ Legitimasi: Jurnal Hukum Pidana dan Politik Hukum Vol 11, No 2 (2022) ]]>
Publisher : <![CDATA[Islamic Criminal Law Department, Faculty of Sharia and Law, UIN Ar-Raniry ]]>
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DOI: 10.22373/legitimasi.v11i2.14305
<![CDATA[This study examines the existence of Li and Fa in the Chinese legal system and legal politics. This research uses a normative legal methodology based on a historical methodology. According to the findings of the study, the legal system and Chinese legal politics emphasize the terms Li and Fa, which, in essence, allude to Li's teachings, which emphasize a set of ethical or moral standards that regulate patterns of human behavior and must be adhered to by every individual. In the meanwhile, Fa is a written law that every Chinese citizen must respect. In essence, this concept is a law that is intrinsic to the state, applies universally and without exception, and is codified in statutes. These two terms became the standard for the development of China's legal system and legal politics. Indirectly, China, which adheres to communism, follows the standards of morality and the law as a guide for life.]]>
<![CDATA[JURIDICAL STUDY OF STATE ADMINISTRATIVE COURT RULING RELATED TO IMMIGRATION PREVENTION (CASE STUDY NUMBER: 219/G/2017PTUN-JKT SETYA NOVANTO VS. DIRECTOR GENERAL OF IMMIGRATION) ]]>
<![CDATA[Yogi Prabowo]]>;
<![CDATA[Taufiqurrohman Syahuri]]>
<![CDATA[ Journal of Law and Border Protection Vol 5 No 1 (2023): JLBP : Journal of Law and Border Protection ]]>
Publisher : <![CDATA[Polteknik Imigrasi ]]>
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DOI: 10.52617/jlbp.v5i1.417
<![CDATA[Prevention means temporary prohibition of person from exiting from the Territory of Indonesia based on particular Immigration reasons or others prescribed by the Law. In the case of immigration prevention against Setya Novanto ordered by the Chairman of the Corruption Eradication Commission (KPK), a lawsuit was filed to the Administrative Court and recorded in Decision Number: 219/G/2017/PTUN-JKT. This research was conducted to answer the following questions: 1) What were the legal considerations of the Judges in issuing Decision Number: 219/G/2017/PTUN-JKT? 2) How was the analysis of the State Administrative Court Decision Number: 219/G/2017/PTUN-JKT? and 3) What were the recommendations for resolving legal issues in administrative disputes within the Directorate General of Immigration? This study used a normative legal research approach, analyzing secondary data in the form of legislation and literature. The research results concluded that the Prevention carried out by the Director General of Immigration was in accordance with the authority specified in legislation and had fulfilled the General Principles of Good Governance. Therefore, the Judges rejected the Plaintiff's lawsuit in its entirety. However, the Defendant's exception was not fully accepted by the Judges, highlighting the need for improvement in resolving administrative disputes within the Directorate General of Immigration to achieve greater quality and professionalism]]>
<![CDATA[The Political Legal Implications Of The Liberalization Of Foreign Labor Use in National Strategic Projects From The Perspective Of The Job Creation Law ]]>
<![CDATA[Eka Maina Listuti]]>;
<![CDATA[Rima Eka Putri]]>;
<![CDATA[Taufiqurrohman Syahuri]]>
<![CDATA[ UNES Law Review Vol. 6 No. 2 (2023): UNES LAW REVIEW (Desember 2023) ]]>
Publisher : <![CDATA[LPPM Universitas Ekasakti Padang ]]>
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DOI: 10.31933/unesrev.v6i2.1332
<![CDATA[Legal politics have a significant impact in the era of globalization and economic growth, especially in the context of the use of Foreign Labor in Indonesia's national strategic projects. While the liberalization of foreign labor is intended to support foreign investment and infrastructure development, it has also raised issues regarding the legal politics related to the liberalization of foreign labor use in national strategic projects from the perspective of the Job Creation Law, and how these legal politics impact local employment. The research methodology employed in this study is juridical normative, using legal regulations as the basis for analyzing these issues. The research results indicate that the legal politics in the form of policy that has led to the liberalization of foreign labor use has created inequality in employment opportunities between Foreign Labor and local workers, making it difficult for local workers to find suitable employment. This is due to the government being the employer of Foreign Labor, with the authority to regulate their use in national strategic projects. The implications of liberalizing the use of Foreign Labor have had an impact on employment opportunities and the welfare of local workers, which has led to an unbalanced situation in national strategic projects. The dependence on Foreign Labor increases project costs, while trained local workers can reduce them.]]>
<![CDATA[Revenge Porn Sebagai Bentuk Kekerasan Seksual Ditinjau Berdasarkan Teori Hukum Pidana ]]>
<![CDATA[Ratu Wida Widyaningsih Suhandi]]>;
<![CDATA[Muhammad Fahrudin]]>;
<![CDATA[Taufiqurrohman Syahuri]]>
<![CDATA[ Hakim Vol 2 No 1 (2024): Februari : Jurnal Ilmu Hukum dan Sosial ]]>
Publisher : <![CDATA[LPPM Universitas Sains dan Teknologi Komputer ]]>
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DOI: 10.51903/hakim.v2i1.1551
<![CDATA[Revenge porn as a form of sexual violence is an interesting thing to observe and study, Indonesia has passed Law Number 12 of 2022 on Sexual Violence, it turns out that the passing of the TPKS Law has not become a fundamental reference for perpetrators of sexual violence until now sexual violence in Indonesia still occurs frequently. Normative legal research or library legal research (libary research), with a legislative approach (statue approach), conceptual approach (conceptual approach), comparative approach (comparative approach), historical approach (historical approach). The nature of the research used in this research is descriptive-prescriptive, the author uses content analysis. The results of the research Revenge porn as a form of sexual violence can be reviewed based on criminal law theory which consists of punishment, guilt and criminal liability.]]>
<![CDATA[Position of Laws Using The Omnibus Method (Review of Article 97A of The Law on The Establishment of Laws and Regulations) ]]>
<![CDATA[Ihsan Badruni Nasution]]>;
<![CDATA[Wicipto Setiadi]]>;
<![CDATA[Taufiqurrohman Syahuri]]>
<![CDATA[ Jurnal Syntax Transformation Vol 5 No 04 (2024): Jurnal Syntax Transformation ]]>
Publisher : <![CDATA[CV. Syntax Corporation Indonesia ]]>
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DOI: 10.46799/jst.v5i3.941
<![CDATA[This paper aims to determine the legal position of laws that use the omnibus method in the system of laws and regulations in Indonesia. The focus of the research focused on the legal position of laws using the omnibus method in terms of the provisions of Article 97A of the Law on the Establishment of Laws and Regulations. Using the normative juridical method through literature study, this paper concludes that with the characteristics of laws that use the omnibus method based on the regulations in Article 97A of the Law on the Establishment of Laws and Regulations, these provisions result in inconsistencies in norms with the provisions of the hierarchy of laws and regulations regulated by Article 7 paragraph (1) and paragraph (2), provision number 223 Annex II Law on the Establishment of Laws and Regulations, as well as deviating the principle of legal preverence, namely the principle of lex posterior derogate legi priori. The vagueness and inconsistency in the formulation of Article 97A norms results in legal uncertainty, thus contradicting the guarantee of legal certainty as mandated by Article 28D paragraph (1) of the NRI Constitution of 1945.]]>
<![CDATA[HUKUM POSITIVISME TERHADAP PEMBELAAN TERPAKSA DALAM KASUS PEMBEGALAN ]]>
<![CDATA[Fendy Oktavianto]]>;
<![CDATA[Jaury Douglas Pardomuan]]>;
<![CDATA[Taufiqurrohman Syahuri]]>
<![CDATA[ Kultura: Jurnal Ilmu Hukum, Sosial, dan Humaniora Vol. 1 No. 4 (2023): Kultura: Jurnal Ilmu Hukum, Sosial, dan Humaniora ]]>
Publisher : <![CDATA[Kultura: Jurnal Ilmu Hukum, Sosial, dan Humaniora ]]>
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DOI: 10.572349/kultura.v1i4.390
<![CDATA[The law aims to ensure the existence of legal certainty in society and the law must also be in harmony with justice, namely the principles of justice of that community, in order to avoid the existence of a crime in the community. In the standard legal system, the influence of positivism also appears, which is applied to all Indonesian citizens, especially in the field of criminal law. Several prominent cases, which have been reported by the media about criminalization of victims against criminal cases of self-defense. Self-defense can be interpreted as a process, a way or an act to prevent and also distance yourself from negative things that the defender does not want to get. The principle of self-defense is balance, namely the defense or self-resistance of a person to maintain his dignity, must be balanced or equal to the attack of the criminal perpetrator against him. So it is not at all permissible to defend in an excessive way. A problem then arises which is why law enforcement in Indonesia is more inclined to the principle of legal certainty, which the important meaning of this principle also has a similarity with the main idea that exists in the construction of legal positivism reasoning so that it looks as if it upholds the principle of community justice.]]>
<![CDATA[IDEALITAS PENEGAKKAN HUKUM DITINJAU DARI PERSPEKTIF TEORI TUJUAN HUKUM ]]>
<![CDATA[Afdhali, Dino Rizka]]>;
<![CDATA[Syahuri, Taufiqurrohman]]>
<![CDATA[ Collegium Studiosum Journal Vol. 6 No. 2 (2023): Collegium Studiosum Journal ]]>
Publisher : <![CDATA[LPPM STIH Awang Long ]]>
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DOI: 10.56301/csj.v6i2.1078
<![CDATA[In principle, laws are made to give people confidence in different interests. Through law, the ideals of legal subjects can be achieved, including legal certainty, benefit and justice. However, in the process of law enforcement, between these three legal objectives, there are often conflicts between one legal objective and another. This journal aims to determine the ideality of law enforcement from the perspective of legal objective theory. The method used in this legal research is normative juridical legal research which uses library materials as primary sources. The result of this research is that if there is tension between these basic values, then you must use the basis or principle of priority where the first priority always falls on the value of justice, then the value of usefulness or usefulness and finally legal certainty. In other words, ideally law enforcement must always prioritize and prioritize the goals of justice.]]>
