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All Journal IMAJI Islam Futura Kinerja: Jurnal Ekonomi dan Manajemen Proceedings of the International Conference on Applied Science and Health JUPE : Jurnal Pendidikan Mandala Solusi EARR TA'DIB Jurnal Pemikiran Pendidikan Jurnal Ekonomi dan Manajemen Indonesia Journal of Engineering and Information Technology for Community Service I-Con Media

johansyah johansyah

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Author-ID : 292705

Religion Arts Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Electrical & Electronics Engineering Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Medicine & Pharmacology Nursing Public Health Social Sciences Other

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HAK PREROGATIF PRESIDEN MENURUT UUD 1945 Johansyah, Johansyah
Solusi Vol 16 No 2 (2018): SOLUSI
Publisher : Faculty of Law, University of Palembang

In practice the power of the President of the Republic of Indonesia as head of state is often referred to as the "President's prerogative" and is defined as the absolute power of the President that cannot be disturbed by other parties. Theoretically, prerogative is translated as a privilege owned by certain institutions that are independent and absolute in the sense that they cannot be sued by other state institutions. In the modern state government system, this right is owned by the head of state, either the king or the president and head of government in certain fields stated in the constitution. This right is also matched with the full authority granted by the constitution to the executive body within the scope of the power of its government. The system of government of modern states seeks to place all models of power within the framework of public accountability. Thus, power that cannot be controlled, is sued and accounted for, in practice it is difficult to get a place. Thus, in the practice of state administration of modern countries, this prerogative is no longer absolute and independent, except in terms of policy making in the context of governance

PEMERINTAHAN DAERAH DALAM SISTEM OTONOMI Johansyah, Johansyah
Solusi Vol 16 No 3 (2018): SOLUSI
Publisher : Faculty of Law, University of Palembang

Local government system has connection to regional autonomy, which has been applied in Indonesia. Then before, all systems are centralized administration, then after the implementation of regional autonomy expected the region could set its own regional government of live by optimizing the existing pontential of the region. Nevertheless, there are some things remain regulated by the central government as the country’s financial affairs, religion, foreign affairs, and others, Also, local government system actually is one form of government that is efficient and effective. Because in general, the central government may not take care of all the country’s problems are so complex. On the other hand, local governments as well as the training ground and the development of democracy in a counntry life.

KEDUDUKAN MAHKAMAH KONSTITUSI SEBAGAI LEMBAGA NEGARA BERDASARKAN UNDANG-UNDANG DASAR 1945 Johansyah, Johansyah
Solusi Vol 17 No 2 (2019): SOLUSI
Publisher : Faculty of Law, University of Palembang

The Constitutional Court is the executive branch of the judiciary that is independent and separate from other branches of power, namely the government (executive) and legislative institutions. The Constitutional Court as a first and last level judiciary does not have an organizational structure as large as the Supreme Court which is the peak of a judicial system whose structure is vertically and horizontally covers five judicial environments, namely the general court environment, the state administrative court environment, the religious court environment, and military court environment. As an organ of judicial power that operates the judicial function, the Constitutional Court is independent, both structurally and functionally. The functions and authorities of the Constitutional Court based on Law No. 24 of 2003, namely the Constitutional Court has the authority to hear: Test the laws against the Republic of Indonesia 1945 Constitution; Decide on authority disputes between state institutions whose authority is granted by the Republic of Indonesia 1945 Constitution; Decide the dissolution of political parties; Decide disputes about election results; Give a verdict on the opinion of the House of Representatives that the President and / or Vice-President are suspected of violating the law in the form of treason, corruption, bribery, other serious crimes, or despicable acts, or no longer fulfill the conditions as President and or Vice President, as intended in the Republic of Indonesia 1945 Constitution.

PEMBUKTIAN DALAM SENGKETA TATA USAHA NEGARA Johansyah, Johansyah
Solusi Vol 17 No 3 (2019): SOLUSI
Publisher : Faculty of Law, University of Palembang

The purpose of this study is to find out and analyze the evidentiary process at the trial in a State Administration dispute involving evidence, the burden of proof and evaluation of the evidence carried out in the State Administrative Court. This type of research is normative legal research. Proof is a procedure for establishing evidence of a fact in a State Administration case to be used as a basis for consideration in passing a decision. In general explanation of Law Number. 5 of 1986 stated that the teaching of proof used in the State Administrative Court is the teaching of free proof, in the State Administrative Court, the judge plays a more active role in the trial process to obtain material truth. An administrative suit does not in essence delay the implementation of the disputed State Administration Decree. The judge has the authority to provide an assessment of the results of evidence in examining, deciding, and resolving State Administration Disputes based on Article 107 of Law Number 5 of 1986.

EFEKTIVITAS PRAPERADILAN DAN KEBERADAAN HAKIM KOMISARIS DALAM SISTEM PERADILAN PIDANA INDONESIA Johansyah, Johansyah
Solusi Vol 18 No 1 (2020): SOLUSI
Publisher : Faculty of Law, University of Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36546/solusi.v18i1.258

The judge commissioner has a supervisory function at the initial examination stage which includes arrest; search; confiscation and examination of documents has been carried out legally or not. Judge Commissioner is to better protect human rights guarantees in the criminal process and avoid traffic jams by the arising of discrepancies between investigating officers from different agencies. The existence of a commissioner judge in the Indonesian criminal justice system which has very broad authority can make it difficult / hinder the operation of the criminal justice system. So that the existence of pretrial institutions is considered to be able to accommodate the protection of human rights of suspects in criminal offenses, as mandated by the International Covenant on Civil and Political Rights (ICCPR).

PUTUSAN MAHKAMAH KONSTITUSI BERSIFAT FINAL DAN MENGIKAT (BINDING) Johansyah, Johansyah
Solusi Vol 19 No 2 (2021): SOLUSI
Publisher : Faculty of Law, University of Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36546/solusi.v19i2.359

The Constitutional Court has the authority to judge at the first and last levels whose decisions are final and binding. The Constitutional Court decision which is final and binding, contains 4 (four) legal meanings, namely: First, in order to realize legal certainty as soon as possible for the disputing parties. Second, the existence of the Constitutional Court as a constitutional court. Third, meaning as a form of social control exercised by the Constitutional Court. Fourth, as the guardian and sole interpreter of the constitution. The Constitutional Court's decision is final and binding, giving birth to a number of legal consequences in its application. Constitutional Court decisions can be classified into 2 (two) broad lines, namely decisions of the Constitutional Court which have positive legal consequences and negative legal consequences. As for the legal consequences that have positive meanings, namely: Ending a legal dispute; Maintain the principle of checks and balances; and Encouraging the political process. Meanwhile, the legal consequences arising from the Constitutional Court's decision are final and binding in a negative meaning, namely: The closure of access to legal remedies and the occurrence of legal vacuum.

IMPLIKASI PENGHAPUSAN DESA TERHADAP KESEJAHTERAAN MASYARAKAT DESA Dani, Akhmad; Johansyah, Johansyah
Solusi Vol 20 No 1 (2022): SOLUSI
Publisher : Faculty of Law, University of Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36546/solusi.v20i1.532

The discourse on the abolition of the village has given birth to legal implications that are inconsistent with the values of certainty, justice, and usefulness that will be achieved in the purpose of structuring the village so that it has an impact on the continuation of the welfare of the village community. This is reflected in the management of village income and Village-Owned Enterprises which result in a legal vacuum after the abolition of the village so that the achievement of village community welfare will be hampered as mandated by the constitution in the Preamble to the 1945 Constitution of the Republic of Indonesia. Implications for the abolition of villages are included in village planning as regulated in statutory regulations Number 6 of 2014 concerning Villages. There is a clause on the purpose of village structuring which becomes a legal rule that should be carried out (das sollen) but there is a discrepancy when the legal rule is faced with the abolition of the village (das sein) because the abolition of the village has eliminated all provisions for the purpose of village structuring, so that villages that experience abolition in ultimately not oriented towards the purpose of structuring the village. On the other hand, the subjective legal reasons for the elimination of villages have reduced the role of the village in the elimination of villages by policies caused by the central government, which should involve local and village governments.

Co-Authors A.A. Ketut Agung Cahyawan W Adi Sucipto, Adi Aftirah, Nadia Aini, Oki Nurul Akhmad Herman Yuwono AL AFGANI, DJERIL Ali Akbar Andi Nurkholis Anne Zulfia Arsyad, Lalu M. Ridho Ary Norsaputra Astuti, Winda Dewi Aulia, Al- Vina Auni, Luthfi Bambang Priyono bharoto bharoto Bharoto Bharoto Dani, Akhmad Evvy Kartini Heri Jodi, Heri Indrianti, Eti Iskandar Iskandar Jais, Achmad Jupriyadi, Jupriyadi Lutfia, Nayla Muhammad Habibi Mujizat, Anisatul ningsih, Firda Ningsih, Kartina Eka Nopianingsih, Lenny Norjanah, Eka Norsaputra, Ary Nugraha, Rifqi Ardhan Nurul Fatimah Palinggi, Yonathan Pasha, Donaya PUTRI, EVA NOORHYA AKHMAR RAMADHAN Ramadhani, Imsak Ramadhani, Muhammad Fauzan Ratna Wati Sabtohadi, Joko Sari, Erna Putra Sri Rejeki Syamsul Arifin

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