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All Journal USU LAW JOURNAL Jurnal HAM Journal of Islamic Law Studies
Mustafa Fakhri
Faculty of Law Universitas Indonesia
Law, Crime, Criminology & Criminal Justice

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IMPLIKASI PUTUSAN MAHKAMAH KONSTITUSI NOMOR79/PUU-XII/2014 TERHADAP KEWENANGAN DEWAN PERWAKILAN DAERAH DALAM PEMBENTUKAN UNDANG-UNDANG Febriyani Helena Panjaitan; Mustafa Fakhri
USU LAW JOURNAL Vol 7, No 1 (2019)
Publisher : Universitas Sumatera Utara

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ABSTRACT The authority of the Regional Representative Council to be able to submit a draft law along with academic texts to the President contained is not regulated in Undang-Undang Nomor 23 Tahun 2003 and Undang-Undang Nomor 27 Tahun 2009, the provision was deemed unconstitutional so that later the Court Decision No. 92 / PUU-X / 2012 affirms that the Dewan Perwakilan Daerah can submit a draft law along with academic manuscripts to the President and Dewan Perwakilan Rakyat, where the position of the President and the Dewan Perwakilan Rakyat in accepting the bill originating from the DPD is the same, namely receiving Dewan Perwakilan Daerah letters and not copying. Provisions of Article 165 and 166 Law No. 27 of 2009 stipulates that the submission of the Draft Law to be discussed by the President and DPD is related to the Bill as the Dewan Perwakilan Daerah's authority in Article 22D paragraph (1) of the 1945 Constitution of the Republic of Indonesia. While the bill originating from the DPR is related to regional autonomy, central and regional relations, formation and the division and merger of regions, management of natural resources and other economic resources, as well as financial balance between the center and regions, are not regulated to be submitted to the DPD. So that the material contained in Article 165 and 166 Undang-Undang Nomor 27 Tahun 2009 by the Constitutional Court was considered unconstitutional so that in its decision it was stated that the DPD participated in discussing together with the DPR and the President over the Bill relating to its Authority As Article 22D paragraph (1) of the 1945 Constitution of the Republic of Indonesia. Keyword : Regional Representative Council, Constitutional Court, legislation.
Komisi Kebenaran dan Rekonsiliasi dalam Era Nontransisional: Implementasi di Korea Selatan dan Kanada Anggarani Utami Dewi; Mustafa Fakhri
Jurnal HAM Vol 13, No 3 (2022): December Edition
Publisher : Badan Penelitian dan Pengembangan Hukum dan HAM

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (891.12 KB) | DOI: 10.30641/ham.2022.13.413-428

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This article aims to explain the practice of Truth and Reconciliation Commission (TRC) in non-transitional era. The TRC in non-transitional era was formed by democratic country or to reveal the truth of gross human rights violations that occurred decades ago. This research uses comparative method that compares the practice of TRC in South Korea (Commission on Clearing up Past Incidents for Truth and Reconciliation/TRCK) and Canada (Truth and Reconciliation Commission of Canada/TRCC). The results of the study indicate that the TRCK and TRCC were formed as an effort by the state to improve previous efforts in dealing with gross human rights violations; the number of staff members had a more significant impact on the success of the TRC than the number of commissioners; the norms governing the protection, prohibition, and sanctions for commissioners and staff, testifying witnesses, the persons named in the testimony and for individual and community; TRCK and TRCC gathered facts within two years; and the reconciliation process was carried out by the commission through the rehabilitation of reputations and holding memorial services. This article recommends that the practice of TRC in South Korea and Canada can be adopted in the preparation of policies for the establishment of TRCs in Indonesia.
ADAT INSTITUTIONS IN ACEH GOVERNMENT: A CONSTITUTIONAL PERSPECTIVE Abiyoso, Yunani; Abdillah, Ali; Wasti, Ryan Muthiara; Sujatnika, Ghurnarsa; Fakhri, Mustafa
Journal of Islamic Law Studies Vol. 4, No. 1
Publisher : UI Scholars Hub

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The existence of adat (customary law) in Indonesia becomes a source of value for the survival of the nation. Each region in Indonesia has different adat that can be used as a reference for the form of governmental system in Indonesia. The 1945 Constitution has recognized the existence of adat government that consisting of various forms of adat that have been adopted long before the 1945 Constitution existed. The existence of adat cannot be separated from national and Islamic values. This research was conducted to find out form of adat institution in Aceh and how the integration of such adat governance in local government system based into national law. Thus, to achieve the objectives, this study was conducted by normative juridical research method with historical approach and comparison with other indigenous peoples in Indonesia.
Co-Authors Abdillah, Ali Abiyoso, Yunani Ali Abdillah Anggarani Utami Dewi Febriyani Helena Panjaitan Ghunarsa Sujatnika Ryan Muthiara Wasti Sujatnika, Ghurnarsa Wasti, Ryan Muthiara Yunani Abiyoso