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All Journal Jurnal Hukum IUS QUIA IUSTUM Widya Yuridika Era Hukum: Jurnal Ilmiah Ilmu Hukum
Margarito Kamis
Unknown Affiliation
Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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 1 
Reformulasi Politik Hukum Agraria Margarito Kamis
Jurnal Hukum IUS QUIA IUSTUM Vol. 7 No. 13: April 2000
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol7.iss13.art1

Abstract

It is thought that the reformulation of the political agrarian is urgently, seriously and effectively managed. This reformulation is required firstly because the political changes, during the New Order regime with its 'developmental ideologi, have ever destroyed the regulations of legal agrarian. Secondly, it is intended to enable the social welfare and human values to be appropriately constructed. The fundamental weaknesses of the Basic Principle of Agrarian Law and the changing bases of the facets of material, social, economy, political and legal customs are also regarded as apart of the opinion of why the political reformulation of the legal agrarian must be enforced immediately. The main point of the reformulation is also concerned with the position of Legal societies and nations, and is should be framed on the equaiity paradigm in law. Another point is that reconstruction of the regulations of authority and land ownership.
Mencari Relevansi Teori dalam Menganalisis Sikap MPR 1998-2000 terhadap Gagasan Negara Hukum yang Demokratis Margarito Kamis
Jurnal Hukum IUS QUIA IUSTUM Vol. 7 No. 14: Agustus 2000
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol7.iss14.art7

Abstract

A sociological approach is the relevant and appropriate one to clarify the current phenomena in line with administrative law. Its significance can betraced from three views; firstly, interactionand interrelationship among the phenomena: law, economy, politic and culture have been considered more important toward aspects of the current state affairs issue. Secondly,  hope, perception, and value are continuously developed and rapidly changeable. Theoretically and practically, the change has an influence to the state affairs system. Thirdly, historically the state affairs form of a country provides as well as constitutes a reflection of dynamic and interaction among politic, economy, law, and cultural dimensionsat that time. Ethical quality and state affair philosophy of a country should be investigated and put into their context.
Kekuasaan Presiden: Asal-Usul, Pertumbuhan, dan Pergeserannya Margarito Kamis
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 10, No 2 (2007)
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/era hukum.v10i2.5504

Abstract

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Presidential Threshold: Konsep Open Legal Policy Oleh Mahkamah Konstitusi 2017-2022 Gazali, Mardania; Kamis, Margarito; Rumkel, Nam
Widya Yuridika Vol 7, No 2 (2024): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/wy.v7i2.5051

Abstract

This study aims to analyze the constitutional interpretation method used by constitutional judges in judicial review the presidential threshold as an open legal policy for 2017-2022 and to offer an ius constituendum to use the open legal policy by the Constitutional Court in the future. The type of research used is normative legal research, namely research conducted by examining legal materials consisting of primary legal materials, secondary legal materials, and tertiary legal materials using a case approach and a conceptual approach. The data collection technique used in this research is using a literature study and the data will be analyzed using the descriptive analysis method. The research found that the Constitutional Court in judicial review the presidential threshold from 2017 to 2022 all used structural , thus interpreting the presidential threshold norm and its touchstone as an open legal policy. But unfortunately, the interpretation made by the constitutional judge is incorrect and has changed the original meaning of the formation of Article 6A paragraph (2) of the NRI Constitution of 1945. The original intent of the establishment of Article 6A paragraph (2) of the NRI Constitution of 1945 was to place political parties or a combination of political parties as a path to propose candidates for President and Vice President because the framers of the amendment did not want an independent candidate. Therefore, the interpretation of constitutional judges declaring the presidential threshold and Article 6A paragraph (2) of the NRI Constitution of 1945 as open legal policy is wrong because the article is clear. In the future, constitutional judges can divide open legal policy into two forms, namely absolute and relative, both of which can be reviewing, and constitutional judges can expand the touchstone of the Basic Law which not only includes article norms but also includes the Preamble in which Pancasila and cancels the formulation of presidential threshold norms to 0% in order to provide justice to justice seekers.
Co-Authors Gazali, Mardania