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All Journal Jurnal Suara Hukum Kanun: Jurnal Ilmu Hukum International Journal of Law and Society
Iskandar A. Gani
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Penerapan Asas-Asas Umum Pemerintahan Yang Baik Dalam Pemberhentian Tidak Dengan Hormat Terhadap Anggota Polri Maulidin, Maulidin; Gani, Iskandar A.; Efendi, Efendi
Jurnal Suara Hukum Vol. 5 No. 1 (2023): Jurnal Suara Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v5n1.p68-88

Abstract

This study aims to analyze one form of government action is the imposition of Dishonorable Dismissal (PTDH) sanctions against members of the National Police. There are legal problems when in practice the imposition of PTDH sanctions against members of the Indonesian National Police within the Aceh Regional Police raises problems with their compliance with laws and regulations and the general principles of good governance (AUPB). This study uses a normative juridical method, with a statutory approach, a concept approach, and a case approach. This study also uses empirical juridical methods with a socio-legal approach. The results of the study confirm that the Sanctions of Dishonorable Dismissal (PTDH) against members of the Indonesian National Police by authorized officials have not implemented the General Principles of Good Governance (AUPB). This also includes several principles in good governance that have not been implemented including the principle of legal certainty, the principle of balance, the principle of accuracy, and the principle of impartiality.
COMPATIBILITY OF LAW ENFORCEMENT AND HUMAN RIGHTS WITHIN ISLAMIC LAW IN ACEH PROVINCE, INDONESIA Gani, Iskandar A.
Kanun Jurnal Ilmu Hukum Vol 26, No 1: April 2024: Islam and Human Rights: National and Global Perspective
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v26i1.36815

Abstract

Since the enactment of Act Number 11 of 2006 on the Governance of Aceh, the region has undergone decentralization, becoming an asymmetrical area with unique authority, particularly in the realm of Islamic Law. The implementation of Islamic law in Aceh has encountered obstacles and sparked debates among scholars. This article delves into the enforcement of Islamic laws and their relationship with human rights within the context of Aceh Province. Through doctrinal legal research, it is demonstrated that the enforcement of Sharia Law in Aceh upholds human rights principles. The justification for Islamic Sharia law is rooted in the Indonesian Constitution of 1945, provided that Qanuns (sub-national regulations) at the provincial or regional level align with higher laws hierarchically. Any discrepancies in implementation necessitate a reevaluation. The 1945 Constitution grants Aceh the authority to uphold Islamic law while promoting, respecting, and fulfilling human rights. The harmonization of human rights and Islamic Law is crucial for mutual reinforcement and justice-seeking in Aceh Province, Indonesia.
The Validity of the Termination of Corruption Cases Based on the Memorandum of Understanding between the Government Internal Supervisory Apparatus and Law Enforcement Apparatus Hadya Zuhra; Dahlan Dahlan; Iskandar A. Gani
International Journal of Law and Society Vol. 3 No. 1 (2026): International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v3i1.828

Abstract

The number of corruption cases in Indonesia continues to increase. The termination of the investigation of alleged corruption at the Aceh Truth and Reconciliation Commission by the Banda Aceh City Resort Police based on a Memorandum of Understanding between the Government Internal Supervision Apparatus and Law Enforcement Apparatus raises problems because it is contrary to the Law on the Eradication of Corruption Crimes which emphasizes that the return of state losses does not erase the crime. This inconsistency raises questions about the validity of stopping corruption cases through the Memorandum of Understanding. This study aims to assess the validity of the Memorandum of Understanding between the Government Internal Supervision Apparatus and the Law Enforcement Apparatus as the basis for stopping corruption cases, as well as to outline the legal process that should be taken by the Banda Aceh City Resort Police. This research uses a normative juridical method with a legislative, case, and conceptual approach, based on secondary data from various legal materials. The analysis was carried out in an analytical descriptive manner. The results of the study show that the Memorandum of Understanding between the Government Internal Supervision Apparatus and the Law Enforcement Apparatus cannot be the basis for the termination of corruption cases at the Aceh Truth and Reconciliation Commission because it is only coordinated, not a source of criminal law. The note is only suitable for use to follow up on reports through audits. In addition, the Banda Aceh City Resort Police should continue the case to the investigation stage because the elements of corruption, evidence, as well as elements of mens rea and actus reus have been fulfilled without any justification or excuse. It is suggested that the memorandum of understanding can only be a coordinating guideline, not a basis for stopping corruption cases. Any report must still be processed, and the Banda Aceh City Resort Police are obliged to continue the investigation even though the state losses have been returned.
Co-Authors Dahlan Dahlan Efendi Efendi Hadya Zuhra Maulidin, Maulidin