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All Journal Jurnal Hukum IUS QUIA IUSTUM Jurnal Konstitusi Jurnal Konstitusi Unisia
Jazim Hamidi
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Religion Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Constitutional Question (Antara Realitas Politik dan Implementasi Hukumnya) Jazim Hamidi; Mustafa Lutfi
Jurnal Konstitusi Vol 7, No 1 (2010)
Publisher : The Constitutional Court of the Republic of Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (774.087 KB) | DOI: 10.31078/jk713

Abstract

The emergence of political  and  constitutional  law  discourses,  side by side with the growth of democracy in Indonesia, is developing progressively and dynamically. In reality, this nation  is  under  great tests which determine whether the state is still holding its constitutional commitment on upholding the rule of law.  In the other side, the face of  law enforcement in this state is under an immense storm of urgent issues that need immediate solution which is: can this state provide “justice” unto all of its citizens? This issue is a huge homework for all the nation’s elements in the  future.The establishment of the Constitutional  Court  which  regulated  in the 1945 Constitution surely related to the constitutional reformation which deemed as a necessity and an important agenda that should be applied fundamentally. The existence of the Constitutional Court in the constitutional system of the Republic of Indonesia simultaneously casting new hopes for any justice-seekers. The surfacing question now is will the Constitutional Court capable in faithfully guarding the democracy  and fair constitutionality in the verge of society that has already loose confidence towards justice institution? This simple and short writing attempts to study and discuss on constitutional question, including   on how its political reality and its legal implementation in Indonesia,    and also a slight hope of this writing in enriching the references for any justice-lovers in this  nation.
Model Pembuatan Peraturan Daerah Berbasis Syariat Islam (Perspektif Legislative Drafting Kontemporer) Jazim Hamidi
Jurnal Hukum IUS QUIA IUSTUM Vol. 10 No. 24: September 2003
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol10.iss24.art9

Abstract

The alternative model of Producing Local Regulation (PERDA) which are based on Islamic Laws constitutes a new, urgent concept in the context of legislative draffing renewal. Because the process of producing the regulations (from the planning unto its soccialization/evaluation) must follow the principles of generating good and democratic laws, it must also accommodate Islamic values and principles. While the word "Islamic Laws" can be understood both inclusively and exclusively.
Perlindungan Hukum terhadap Disabilitas dalam Memenuhi Hak Mendapatkan Pendidikan dan Pekerjaan Jazim Hamidi
Jurnal Hukum IUS QUIA IUSTUM Vol. 23 No. 4: OKTOBER 2016
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol23.iss4.art7

Abstract

As a law-based country, it becomes a must for Indonesia to protect the disability; one of constitutional rights as regulated in Article 28 I Sentence (2) Constitution 1945 of Indonesia Republic. This research is to study: first, the form of the legal protection in an attempt to fulfil the right for getting education and job for the disabilities; second, the formulation of the affirmative action policy for the accessibility in education and job for the disabilities in Indonesia. the typology of this research is the dogmatic legal research addressed to observe and formulate the legal argumentation through the analysis on the core of the issues. The technique of collecting the legal material was done through the library research and the approach used was the statute approach that is by analysing the valid legal regulation regarding the disabilities. This research concluded that first; the government tends to give the legal protection discriminatively for those with disabilities to obtain the proper education and job. Second, there was a bias in legal norm in the regulation on the accessibility of education and job; thus there is a need of legal renewal in the form of affirmative action policy on accessibility of education and job for the disabilities including: 1) completing (making something better); 2) changing to make it much better and 3) doing something unavailable before
Constitutional Question (Antara Realitas Politik dan Implementasi Hukumnya) Jazim Hamidi; Mustafa Lutfi
Jurnal Konstitusi Vol 7, No 1 (2010)
Publisher : The Constitutional Court of the Republic of Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (774.087 KB) | DOI: 10.31078/jk713

Abstract

The emergence of political  and  constitutional  law  discourses,  side by side with the growth of democracy in Indonesia, is developing progressively and dynamically. In reality, this nation  is  under  great tests which determine whether the state is still holding its constitutional commitment on upholding the rule of law.  In the other side, the face of  law enforcement in this state is under an immense storm of urgent issues that need immediate solution which is: can this state provide “justice” unto all of its citizens? This issue is a huge homework for all the nation’s elements in the  future.The establishment of the Constitutional  Court  which  regulated  in the 1945 Constitution surely related to the constitutional reformation which deemed as a necessity and an important agenda that should be applied fundamentally. The existence of the Constitutional Court in the constitutional system of the Republic of Indonesia simultaneously casting new hopes for any justice-seekers. The surfacing question now is will the Constitutional Court capable in faithfully guarding the democracy  and fair constitutionality in the verge of society that has already loose confidence towards justice institution? This simple and short writing attempts to study and discuss on constitutional question, including   on how its political reality and its legal implementation in Indonesia,    and also a slight hope of this writing in enriching the references for any justice-lovers in this  nation.
Penerapan AAUPPL oleh Administrasi (Suatu Upaya Menuju “Clean and Stable Government”) Jazim Hamidi
Unisia Vol. 30 No. 66 (2007): Jurnal Unisia
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/unisia.vol30.iss66.art3

Abstract

Administrative judges can apply the AAPPL to examine validity of administrative decisions of state by means of connecting relevance substantive legal norms through deductive reasoning. There are two standards to qualify as to whether an administrative decision is in contradiction with the AAUPPL: written legal norms and unwritten legal norms in form of the AAUPPL. The AAUPPL is an effective means of control to examine administrative policies or decisions that are not touched upon by written laws, and, hence will reduce state policies and decisions that are legally immune. Keywords: administrative decisions, judges, control, validity.
Co-Authors Mustafa Lutfi