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All Journal Risalah Hukum Jurnal Hukum Mimbar Justitia
Surya Mukti Pratama
Fakultas Hukum Universitas Padjadjaran
Law, Crime, Criminology & Criminal Justice Social Sciences

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Kewenangan PTUN dalam Memeriksa Surat Presiden tentang RUU Cipta Kerja dan Implikasi Putusannya Surya Mukti Pratama; Adrian E. Rompis; R. Adi Nurzaman
Jurnal Risalah Hukum Volume 17, Nomor 1, Juni 2021
Publisher : Fakultas Hukum Universitas Mulawarman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/risalah.v17i1.516

Abstract

For the first time, the President's Letter in the formation of law was sued by the Administrative Court. This study is intended to determine the authority of the Administrative Court in examining the President's Letter on the Job Creation Bill. The research method uses a normative juridical method using a law approach and a case approach. Based on the results of the research, it is known that the Administrative Court lacks absolute authority to investigate the Presidential Letter on the Job Creation Bill because the Presidential Letter does not meet the requirements specified in the law to qualify as the object of the TUN dispute, namely the state administrative decision (KTUN)/Beschikking. It can also be seen, that even if the decision of the Administrative Court or the court of appeal and cassation within the framework of Judicial Activism accepts and grants the lawsuit of the President's Letter regarding the Job Creation Bill, the decision cannot have direct implications for the invalidity of the validity/legitimacy of Law Number 11 of 2020 concerning Job Creation because the cancellation of the validity/legitimacy of a law is not under the authority of the Administrative Court, the PT-TUN includes the Supreme Court, but the authority of the Constitutional Court through material and formal examinations. The Job Creaton Act is still regarded as legal and binding if the Constitutional Court does not invalidate it. Keywords: Administratif Court; authority; examine; presidential letter.
Kewenangan PTUN dalam Memeriksa Surat Presiden tentang RUU Cipta Kerja dan Implikasi Putusannya Surya Mukti Pratama; Adrian E. Rompis; R. Adi Nurzaman
Jurnal Risalah Hukum Volume 17, Nomor 1, Juni 2021
Publisher : Fakultas Hukum Universitas Mulawarman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/risalah.v17i1.516

Abstract

For the first time, the President's Letter in the formation of law was sued by the Administrative Court. This study is intended to determine the authority of the Administrative Court in examining the President's Letter on the Job Creation Bill. The research method uses a normative juridical method using a law approach and a case approach. Based on the results of the research, it is known that the Administrative Court lacks absolute authority to investigate the Presidential Letter on the Job Creation Bill because the Presidential Letter does not meet the requirements specified in the law to qualify as the object of the TUN dispute, namely the state administrative decision (KTUN)/Beschikking. It can also be seen, that even if the decision of the Administrative Court or the court of appeal and cassation within the framework of Judicial Activism accepts and grants the lawsuit of the President's Letter regarding the Job Creation Bill, the decision cannot have direct implications for the invalidity of the validity/legitimacy of Law Number 11 of 2020 concerning Job Creation because the cancellation of the validity/legitimacy of a law is not under the authority of the Administrative Court, the PT-TUN includes the Supreme Court, but the authority of the Constitutional Court through material and formal examinations. The Job Creaton Act is still regarded as legal and binding if the Constitutional Court does not invalidate it. Keywords: Administratif Court; authority; examine; presidential letter.
TINJAUAN HUKUM TERHADAP PENETAPAN KELOMPOK KRIMINAL BERSENJATA (KKB) PAPUA SEBAGAI KELOMPOK TERORIS DALAM PERSPEKTIF HUKUM PIDANA NASIONAL Surya Mukti Pratama; Muhammad Hafiz
Jurnal Hukum Mimbar Justitia Vol 7, No 1 (2021): Published 30 Juni 2021
Publisher : Universitas Suryakancana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35194/jhmj.v7i1.1454

Abstract

The escalation of conflict in Papua due to the actions of the Papua Armed Criminal Group (KKB), which is a pro-independence group for the land of Papua, has pushed the government to take firmer action by establishing the KKB as a theoretical group. Of course this brings pros and cons in various circles. This research is intended to examine whether the determination of the KKB as a terrorism group is objective and appropriate according to the criminal law, especially when examined from the Terrorism Law. The research method uses the normative juridical method. Based on the research results, it is known that the government has rightly designated the KKB as a terrorism group because the actions carried out by the KKB indicate the fulfillment of the elements of the offense of terrorism in the Terrorism Law. Furthermore, the government can enforce criminal law against KKB according to the Terrorism Law through authorized institutions as in the Integrated Criminal Justice System. In addition, the TNI can also be involved on a limited basis in the title of the Military Operation Other Than War (OMSP) pattern.Keywords: Criminal, Government, KKB papua, Terrorism.
Co-Authors Adrian E. Rompis Muhammad Hafiz R. Adi Nurzaman