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All Journal Masalah-Masalah Hukum Jurnal Dinamika Hukum Jurnal IUS (Kajian Hukum dan Keadilan) International Journal of Law Reconstruction Jurnal Konstitusi Jurnal Ilmiah Peuradeun Hasanuddin Law Review WAJAH HUKUM Jurnal Yudisial Jurnal Hukum dan Peradilan Unisia Eduvest - Journal of Universal Studies
Saldi Isra
Fakultas Hukum Universitas Andalas
Religion Aerospace Engineering Humanities Computer Science & IT Economics, Econometrics & Finance Education Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice Neuroscience Social Sciences Other

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Amandemen Lembaga Legislatif dan Eksekutif: Prospek dan Tantangan Saldi Isra
Unisia No. 49: Tahun XXVI Triwulan III 2003
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/unisia.vol26.iss49.art1

Abstract

The constitutional amendments for UUD 1945 gives a new opportunity and also challenge for all. This can be seen as "fresh blood" to the nation. Beside of this new optimism, we have to aware, that there was still an "old force" that do not agree with this change. They often use decrees and regulations to eliminate the power of this new constitutions for the sake of short term political Interests. Certainly this is a threat for the sustainability of democracy in this country. Consequently, there must be a 'legal guardianship' that can protect and maintain this change by empowering all of power across this nation.
Challenges in the Implementation of Free Prior and Informed Consent for Indigenous Peoples in Indonesia's National Legal Regulation Jasim, Rahmi; Isra, Saldi; Warman, Kurnia; Andora, Hengki
Eduvest - Journal of Universal Studies Vol. 5 No. 7 (2025): Eduvest - Journal of Universal Studies
Publisher : Green Publisher Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59188/eduvest.v5i7.50779

Abstract

This research discusses the challenges of implementing Free, Prior, and Informed Consent (FPIC) for indigenous peoples in national legal arrangements in Indonesia. FPIC is a principle that gives indigenous peoples the right to give consent to policies that affect their territories and resources freely, prior to full information, and without pressure. Although the FPIC rights of indigenous peoples are implicitly described and regulated in various national regulations, such as the 1945 Constitution, Forestry Law, Village Law, and environmental regulations slot zeus, these arrangements do not necessarily guarantee the protection of indigenous peoples' rights over their customary territories. Explicit legal arrangements are needed to guarantee indigenous peoples' FPIC rights over their customary territories. This is because in its implementation, the application of FPIC rights still faces various challenges such as conflicts of interest with the State's Right to Control (HMN), low understanding in the field, and gender injustice being the main obstacles. This study uses a normative juridical approach to identify differences between international and national legal arrangements, and offers recommendations to improve the protection and implementation of FPIC in Indonesia. The research emphasizes the importance of explicit legal arrangements to achieve justice, prosperity and harmony between indigenous peoples and the government.
Regulation of Cabinet Relations with the Government of Aceh within the Framework of a Presidential System Ridwansyah, Muhammad; Isra, Saldi; Nurbaningsih, Enny; Fahmi, Khairul
Jurnal Ilmiah Peuradeun Vol. 13 No. 2 (2025): Jurnal Ilmiah Peuradeun
Publisher : SCAD Independent

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26811/peuradeun.v13i2.1607

Abstract

Law Number 11 of 2006 concerning the Government of Aceh allows the Governor of Aceh as Head of Government to be equalized with the Minister, but it is constrained by the mechanism for filling the position. From the aspect of the authority stated in Law Number 11 of 2006, it provides considerable authority in the issues of land, oil and gas, and the flag and symbol of Aceh. This idea will examine the relationship between the Aceh Government and the cabinet in depth to clarify the authority of the three above. The issues of land, oil, and gas, the flag and symbol of Aceh are held by three ministries (Ministry of Agrarian Affairs and Spatial Planning BPN, Ministry of Energy and Mineral Resources, and Ministry of Home Affairs) must be adequately resolved and handed over to the Governor of Aceh as Head of the Aceh Government so that the principles of specialness and privileges accommodated by Article 18B of the 1945 Constitution can be realized by the Aceh region which is decentralized. Management of the relationship between the Cabinet and the Aceh Government is an effort to strengthen the presidential system because the presidential system is now burdened by party elites, also impacting the Governor of the asymmetric decentralized region.
TITIK SINGGUNG WEWENANG MAHKAMAH AGUNG DENGAN MAHKAMAH KONSTITUSI Isra, Saldi
Jurnal Hukum dan Peradilan Vol 4 No 1 (2015)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.4.1.2015.17-30

Abstract

The mixing of authority between the Constitutional Court and the Supreme Court has raised a range of issues. In turn, there is the contact authority of the two institutions which could lead to the occurrence of legal uncertainty. In connection with the authority testing regulations, for example, although the Supreme Court and the Constitutional Court have the same right to test the legislation, but with different types and hierarchy of legislation being tested, then the interpretation of the rules of the legislation for which they were these institutions must be subject to a hierarchical system of laws and regulations that apply. Therefore, the validity of the norm is derived from the legislation is higher. Moreover, any decision of the judicial review of the UUD, this decision is erga omnes, including for judges of the Supreme Court and judges of the court under the Supreme Court.Keywords : Authority, Constitutional Court, Supreme Court
Fungsi Pengawasan Dewan Perwakilan Rakyat Daerah dalam Penyelenggaraan Pemerintahan Daerah di Indonesia Ansori, Mhd.; Isra, Saldi; Setiawan, Dian Bakti; Fahmi, Khairul
Wajah Hukum Vol 8, No 1 (2024): April
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v8i1.1465

Abstract

The Regional People's Representative Council which is the state institution that has undergone the most changes. This research aims to determine and analyze the Implementation of the Supervisory Function of the Regional People's Representative Council in the Implementation of Regional Government in Indonesia. This type of research is normative juridical. The results of the research are the supervisory function carried out by the Regional People's Representative Council towards the Regional Government in order to realize good governance so that it can achieve its goals. The Regional Representative Council must be able to correctly interpret the function and objectives of supervision, so that it can become an effective check & balance mechanism, optimize supervision so that it can have a positive influence as expected on the management of regional government, prepare the supervisory agenda for the Representative Council Regional People, Formulating standards, systems and standard procedures for supervision of the Regional People's Representative Council, as well as involving community participation in the supervision process. For this reason, it is recommended that there is a need for community participation in carrying out supervision so that the implementation of regional government policies can run well and it is necessary to develop supervision guidelines by the Regional People's Representative Council so that the supervision function can run more focused.
Implications of Constitutional Defiance of Constitutional Court Decisions by Lawmakers Pratiwi, Wiwit; Isra, Saldi; Simabura, Charles; Fahmi, Khairul
Jurnal IUS Kajian Hukum dan Keadilan Vol. 13 No. 3 (2025): Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v13i3.1837

Abstract

Law Examination, when associated in the context of upholding the supremacy of the constitution, does not only stop at canceling a norm of law that is contrary to the constitution, but also how the cancellation decision is then obeyed and implemented. This is because the nature of the Constitutional Court Decision is final and binding. The problem that then arises is when looking at the final and binding nature of the Constitutional Court Decision from the aspect of law in action. It is still found that the Constitutional Court’s decision is not implemented consequently by the legislators, namely by reviving the norms that the Constitutional Court has annulled in the laws to be formed or new laws. The research method used is a normative legal method, which is carried out by collecting primary, secondary, and or tertiary legal materials. The results of the study show that the final and binding nature of Constitutional Court decisions erga omnes requires all state institutions to consider the annulled norms as invalid and to follow up on them without exception. However, the study found that constitutional defiance still occurs in the form of disregard or revival of norms that have been declared unconstitutional, which triggers legal uncertainty and weakens the authority of the constitution. Therefore, stronger implementation mechanisms are needed, including post-decision compliance, constitutional impact assessment, continuous monitoring, and the application of a judicial preview model to ensure the effectiveness of Constitutional Court decisions.
Co-Authors Ansori, Mhd. Enny Nurbaningsih Ferdi Ferdi, Ferdi Hengki Andora Hilaire Tegnan Jasim, Rahmi Khairul Fahmi Khairul Fahmi Mardenis Mardenis Muhammad Ridwansyah Neni Vesna Madjid Setiawan, Dian Bakti Simabura, Charles Syofiarti Tegnan, Hilaire Wiwit Pratiwi, Wiwit Zainal Arifin Mochtar Zulkifli Aspan