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PERBANDINGAN KONSTITUSI TENTANG PEMBATASAN MASA PERIODE JABATAN PRESIDEN DI INDONESIA DAN FILIPINA SINURAT, ARGA SANDYA RAJA; Haryono, Dodi; Akmal, Zainul
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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The president is the head of government (chief of executive), but also the head of state (chief of state).The term of office of the president in various countries is different. The term of office of the president inIndonesia in one period of five years can be elected twice based on Article 7 of the 1945 Constitution, whilein the Philippines the term of office of the president can only be elected once in a year. one period for six yearsbased on the Philippine Constitution Chapter 7 Article 4. Therefore, this research aims to find out and comparethe two countries in terms of similarities/differences, advantages/disadvantages, and the urgency ofcomparison to strengthen regulations limiting the period of presidential office in Indonesia and thePhilippines.This type of research can be classified as a normative research type. The research focuses on examiningthe comparison of term limits for the presidents of Indonesia and the Philippines. The data sources used aresecondary data in the form of primary legal materials, namely the 1945 Constitution and the PhilippineConstitution, secondary legal materials, namely documents and journals, and tertiary legal materials, namelylegal dictionaries. The data collection technique in this research is the literature review method, usingDescriptive analysis describes, describes and compares the Indonesian and Philippine constitutions regardingpresidential term limits.Limiting the presidential term of office for Indonesia and the Philippines has similarities/differences,advantages/disadvantages, and the urgency of strengthening the implementation of presidential termregulations. The similarities/differences are that the countries have the same principle of Trias Politica(Division of power) while the differences in this case provide for re-nomination. The advantages guaranteethe creation of democratic politics, economic growth, lack of potential for corruption while the shortcomingsalso hinder the regeneration of new leaders from the executive branch. The urgency is to limit the presidentialperiod to prevent continued political instability. That in this case the researcher provides suggestions, it ishoped that policy makers will make legal politics related to the rules for limiting the term of office of thepresident by changing the provisions governing the term of office of the president as well as communityinvolvement, political style, and modernity by giving the term of office of the president to one term withprovisions as long as one period of six years.Keywords : Constitution - Period - Limitations
ANALISIS PROSES HARMONISASI RANCANGAN PERATURAN DAERAH PROVINSI RIAU SEBAGAI BAGIAN PEMBENTUKAN PERATURAN PERUNDANG-UNDANGAN DI INDONESIA Ulhaq, Kaafin; Haryono, Dodi; Rauf, Muhammad A.
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Harmonization the draf regional regulation is an attempt to harmonize,adjusting, strengthening and rounding up the conception of a draf regionalregulatios, wheter higher, equal or more low, and other matters other than lawsand regulation, so that they are arranged systematically, not conflicting oroverlappig, regional regulations in Riau Province must of course be inaccordance with the principles of forming laws and regulations and providiondthat are in accordance with the philosophy o Pancasila and local wisdom.This research is a sociological legal research, this is based on fieldresearch which refers to interviews and observations statements as wellsupporting documents that have a corelation with the background of the problemto be studied. This study uses secondary date sources consisting of primary,secondary, and tertiary legal materials. This study uses qualitative date analysisby producing a deductive method of drawing conclusions, namely drawingconclusions from that are general to things that are specific.From the results of the discussion, it can be concluded that theharmonization, rounding and strengthening of the draft Provincial RegionalRegulations was carried out by vertical agencies, in this case the Regional Officeof the Ministry of Law and Human Rights, Riau Province. Obstacles in theprocess of harmonization of Riau Province Regional Regulations are caused byseveral factors, namely: the minimum number of human resources, the difficultyof adjusting time between agencies, and the limited budget resulting in norescheduling of the process. Efforts that need to be made so that theharmonization of the Riau Province Regional Regulation Draft can beimplemented is by providing an adequate number of human resources to carry outthe harmonization, the obligation of the relevant parties to be present whendiscussing harmonization, and the existence of an adequate budget to guaranteelegal products in the form of Regional Regulations.Keyword: Harmonization, Regional Regulation, Riau province.
URGENSI PERLINDUNGAN HUKUM PEGAWAI PEMERINTAH DENGAN PERJANJIAN KERJA (PPPK) DALAM PEMUTUSAN HUBUNGAN KERJA OLEH PEMERINTAH Andreas, Parda Doni; Haryono, Dodi; Akmal, Zainul
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Government employees with a work agreement (PPPK) are Indonesian citizens whohave met the requirements and are appointed based on the work needs of government agencies.Government employees with a work agreement are appointed by civil service developmentofficials (PPK) with a work contract. If the maximum contract term limit is not strictlystipulated, it is feared that there will be potential politicization of the extension of the PPPKcontract by irresponsible individuals and then termination of PPPK employment may alsooccur. because there is a downsizing of the organization or government policy which results ina reduction in PPPK, what compensation will PPPK receive when that happens and what arethe legal remedies for termination of employment.The purpose of writing this thesis is: first, to find out the legal protection for governmentemployees with work agreements (PPPK) who are affected by termination of employment(PHK) by the government. Second, to find out the legal remedies that can be taken bygovernment employees with work agreements (PPPK) who are affected by termination ofemployment (PHK) by the government. The research method in this thesis uses a normativejuridical type of research, namely research that focuses on examining the application of therules of law. rules or norms in positive law. The nature of this thesis research isresearchdescriptivewhich systematically describes the facts and characteristics of the objectbeing studied accurately. The data source used is the data sourcefirst, seconds andtertiary, Thedata collection method used in this research is firstly literature study, which is a technique forobtaining secondary data through documents related to the problem, objectives and benefits ofthe research, then after the data is collected it is then analyzed to draw conclusions.Based on the research results, PPPK preventive legal protection, old age security,severance pay and legal assistance, then if there is a downsizing of government organizations,PPPK whose competence is still needed and the relevant regional contract has not yet endedwill be transferred to a unit that needs it in accordance with its competence, repressive effortsas The form of protection is the State Civil Apparatus Advisory Body which has the authorityto receive, examine and make decisions on Administrative Appeals, the two PPK's legalremedies in the First Layoff, through an objection mechanism which is submitted in writing tothe superior official who has the authority to punish by including the reasons for the objectionand a copy of which is submitted. to officials who have the authority to punish. Second, throughan administrative appeal mechanism submitted to the State Civil Apparatus Advisory BodyKeywords: Officials, Government, Employment Agreement
PERBANDINGAN YURIDIS HAK VETO PRESIDEN TERHADAP RANCANGAN UNDANG UNDANG ANTARA INDONESIA DENGAN AMERIKA SERIKAT Nababan, Eprin Erikson; Haryono, Dodi; Akmal, Zainul
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Article 5 Paragraph (1) explains that the President as one of theexecutives has the right to submit bills to the DPR as a legislative institution.Article 20 also regulates the formation of the bill. The joint agreement on thelegislative function in the Indonesian presidential system of government dividesauthority. The refusal made by one party opens the possibility of tension inrelations between the DPR and the President. Second, to find out the similaritiesand differences in presidential veto power on draft laws in Indonesia and theUnited States. Third, to find out the advantages and disadvantages of thepresident's veto power over draft laws in Indonesia and the United States.The research method in this thesis uses a type of normative juridicalresearch, which is research focused on examining the application of rules ornorms in positive law. The nature of this thesis research is descriptive researchthat describes systematically, the facts and characteristics of the object understudy precisely. The data sources used are primary, secondary and tertiary datasources, The data collection method used in this study is the first literature study,is a technique to obtain secondary data through documents related to theproblem, objectives and benefits of research, then after the data is collected thenanalyzed to draw conclusions.Based on the results of research, in Indonesia veto power is the right todeclare rejection of a draft law or to the material of a bill in the planning,drafting, and discussion stages. While in America the veto power is at the stage ofdetermination (approving) The explanation above has explained that in Indonesiathe constitution only gives "a kind of veto power" to the President, but has notgiven the veto power itself to the President directly.Keywords: Veto Rights, President, Draft Law.
PELAKSANAAN PENDAFTARAN TANAH WAKAF TERHADAP TANAH YANG BELUM BERSERTIPIKAT DI KECAMATAN BUKIT RAYA Hazra, Filza Amalia; Haryono, Dodi; Bachtiar, Maryati
Jurnal Ekonomi Bisnis Kompetif Vol 4 No 1 (2025): Inovasi, Pemasaran, dan Keuangan dalam Bisnis dan Kewirausahaan Kontemporer
Publisher : Komunitas Manajemen Kompetitif

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35446/bisniskompetif.v4i1.2090

Abstract

Waqf land must have a clear legal status through the waqf land certification process to avoid potential disputes. In fact, in Bukit Raya District, there are still many waqf lands that have not been certified. The objectives of this study are first, how is the implementation of waqf land registration for uncertified land in Bukit Raya District. Second, what are the obstacles in registering waqf land for uncertified land in Bukit Raya District. Third, how are the efforts to overcome obstacles in registering waqf land for uncertified land. This type of research is classified as a sociological research type. This study uses data sources in the form of primary data and secondary data, and data collection techniques are carried out by interviews and literature reviews. The results of this study indicate that the Implementation of Waqf Land Registration for Uncertified Land in Bukit Raya District has been in accordance with the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Number 2 of 2017, Obstacles in registering waqf land for uncertified land are the lack of public understanding and limited resources at the KUA Bukit Raya District and the Pekanbaru City Land Office. Efforts to overcome obstacles in registering waqf land are to increase socialization to the community, appoint a PIC, and improve the quality of resources at the KUA Bukit Raya District and the Pekanbaru City Land Office. Keywords: Wakaf, Pendaftaran Tanah Wakaf, dan Sertipikat Wakaf
Urgensi Fast Track Legislation Dalam Pembentukan Undang-Undang Di Indonesia lestari, Fika; Haryono, Dodi; HB, Gusliana
Jurnal Ilmiah Wahana Pendidikan Vol 10 No 16 (2024): Jurnal Ilmiah Wahana Pendidikan 
Publisher : Peneliti.net

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.13763612

Abstract

Fast Track Legislation is the process of forming laws through discussion stages that can be carried out quickly to avoid the process of forming legislative regulations being very fast, giving the impression of being haphazard. With the presence of the concept of fast track legislation, it at least limits and gives authority to anything that can be said to be a fast legislative process. The presence of fast track legislation in Indonesia not only creates regularity in structuring legislative functions in responding to emergency or urgent events but also places limits on a legislative process that can be carried out quickly. This research aims to find out the arrangements and practices of Fast Track Legislation in Indonesia, to find out the arrangements and practices of Fast Track Legislation in various countries and to find out projections for the adoption of Fast Track Legislation into the law formation system in Indonesia. The regulation and practice of Fast Track Legislation in various other countries, namely New Zealand, is based on motion urgency. The United Kingdom recognizes the existence of a fast track legislation mechanism to meet people's needs quickly. The United States regulates fast-track legislation in the House Rules and Manual and Ecuador, as stated in Article 140 of the Ecuador Constitution, regulates fast-track legislation. Regulations and practices of Fast Track Legislation in Indonesia where positive law in Indonesia does not specifically regulate fast track legislation mechanisms. The projected adoption of Fast Track Legislation into the law formation system in Indonesia cannot be separated from 2 (two) criticisms if it is later adopted in the formation of laws in Indonesia, namely, first, concerns about the loss of public participation in discussing laws.
Unamendable Provisions in The 1945 Constitution to Limit The Power of Constitutional Amendment in Indonesia Ilham Azhari; Dodi Haryono; Dessy Artina
Melayunesia Law Vol. 8 No. 1 (2024)
Publisher : Magister Ilmu Hukum Fakultas Hukum Universitas Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30652/apzyph39

Abstract

The concept of unamendable provisions in the 1945 Constitution of the Republic of Indonesia is an effort to limit the power of constitutional amendments to ensure they remain constitutional. In Indonesia, amendments to the 1945 Constitution are introduced through a highly stringent process, with certain provisions explicitly prohibited from being altered. These provisions aim to protect the fundamental aspects of the constitution, such as the unitary state form and the republican system of government, as stipulated in Article 37, paragraph 5 of the 1945 Constitution. This article examines whether the concept of unamendable provisions can be applied to other provisions not explicitly mentioned within the amendment limits.This research article employs a doctrinal legal approach using historical and conceptual methods, combined with descriptive analysis. Through this approach, the research explores the historical background of unamendable provisions and how this concept is applied in Indonesian legal practice. The findings indicate that, although not explicitly stated in the 1945 Constitution, certain provisions can be considered unamendable constructively, as they are closely related to the fundamental principles underlying the state and government of Indonesia, including provisions on the limitation of the presidential term of office. Unamendable provisions in the 1945 Constitution play a crucial role in maintaining the stability and continuity of the state and in preventing constitutional changes that could undermine the agreed-upon fundamental principles. This underscores the importance of understanding and interpreting these provisions
Co-Authors ', Erdiansyah ', Ikhsan ABDUL GHAFUR Abdul Ghafur Aflina, Dia Aisyah Hatta Lianda Akmal, Zainul Alfianim ' Alsidik Syahputra Andreas, Parda Doni Andri Fandio Reza Andrikasmi, Sukamarriko Angga Sastiawan Lantri Anggi Jukrianto Arika Saddami Azoumy, Nur Ghufran Bahrul Ilmi Binsar Bersahabat Hutasoit Budi Prasetyo daris a raft ginting daris a raft ginting, daris a raft Dedy Saputra Dessy Artina Dewi, Murti Sari Didik Saputra Diennissa Putriyanda, Diennissa Dihan Elzani Dina Febri Yulita Dwi Liza Wati Emilda Firdaus Erdiansyah ' erdiansyah erdiansyah, erdiansyah Erlando, Topan Rezki Evi Deliana HZ FELLA DEFILLA Fitra, Ade Fadillah fitria ningsih Fitriyani, Nia Geofani Milthree Saragih gusliana H.B. Gusliana H.B., Gusliana Gusliana HB Handika, Yoga Harry Surya Putra Hazra, Filza Amalia Hengki Firmanda Hotman Maringin Ikhsan ' Ikhsan Ikhsan Ikhsan Ikhsan Ilham Azhari IskandarIskandarIskandar, Hafiz Jendri Heri Sumarta Julranda, Rizky Junaidi ' Junaidi Junaidi Junaidi Junaidi Ledy Diana LESTARI, FIKA Lubis, Baihaki M Alpian M JAMHURI M. Sadewa Rafie Aldiza M. SADMI AL QAYUM Maria Maya Lestari Maryati Bachtiar Merina Nurmiati Mexsasai Indra Muhammad A. Rauf muhammad andi susilawan muhammad andi susilawan, muhammad andi Muhammad Fathra Fahasta Muhammad Roif Alghani Mukhlis R Nababan, Eprin Erikson Nilam Hananti Nurahim Rasudin Nurliana Br Siregar Panggabean, Mey Sry Rejeki Pika Julianti Putra, Tamin Ripinra Rani Rinaldi Rauf, Muhammad A Rauf, Muhammad A. Reza Fachrurrahman Rialdo Putra Ridho, Havid Riduan Z Rinaldi, Rahmi Rizwanda, Wawan Rofika Shopia Ronny Andreas Rudi Heriyanto Sihombing safrudin - Separen, Separen Septiana Ulfah Silfania Nigellia SINURAT, ARGA SANDYA RAJA Sri Nabila Sultan Fadillah Effendi Taufik Hidayat Triandi Bimankalid Ulhaq, Kaafin Vitari, Jihan Aqila WAHYU ADHA RAHMANSYAH Wahyu Hidayat Wahyu Noprianto, Wahyu Widia Edorita Yan Agus Priadi Zainul Akmal Zuhdi Arman Zulfahmi ' Zulwisman, Zulwisman