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All Journal ECSOFiM (Economic and Social of Fisheries and Marine Journal) Arena Hukum STTAL POSTGRADUATE - INTERNATIONAL CONFERENCE Jurnal Supremasi Journal of Community Service and Empowerment Soeropati: Journal of Community Service POLITICA: Jurnal Hukum Tata Negara dan Politik Islam International Journal of Educational Review, Law And Social Sciences (IJERLAS) Jurnal Multidisiplin Madani (MUDIMA) Perspektif Hukum Journal of Law and Legal Reform
Mohammad Fadli
Fakultas Hukum Universitas Brawijaya
Religion Agriculture, Biological Sciences & Forestry Arts Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Electrical & Electronics Engineering Engineering Environmental Science Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Mechanical Engineering Social Sciences Other

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ONRECHTMATIGE OVERHEIDSDAAD: UNLAWFUL ACTS BY THE STATE IN INDONESIAN CONSTITUTIONAL LAW Rizki Cintia Devi; Moh. Fadli; Bambang Hery Mulyono
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 3 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i3.2797

Abstract

Considering that the government's actions in carrying out its functions by using public and private legal instruments will ultimately intersect with the interests of citizens, a means of legal protection is needed to maintain a balance so that the objectives of the public interest can be achieved without necessarily sacrificing the rights of citizens protected by law. This research is a normative-research that studies legal objectives, values of justice, validity of legal rules, legal concepts, and legal norms. Normative legal research can also be said to be a process for finding legal rules, legal principles, and legal doctrines in order to answer the legal issues at hand. The source materials used in this research are primary legal materials, secondary legal materials and tertiary legal materials. Primary legal material is Indonesian Law. Furthermore, the data collected is analyzed qualitatively. The element of “against the law” in the formulation of administrative disputes referred to in Law Number 30 of 2014 concerning Government Administration is to interfere with the rights of others; second, contrary to the legal obligations of the perpetrator; third, contrary to decency; fourth, contrary to the decency, thoroughness, and careful attitude that a person should have in association with fellow citizens or against other people's objects. If these elements are fulfilled, the party aggrieved by the decision of the State Administrative Officer may file a lawsuit with the State Administrative Court. With the development of the concept of KTUN in Article 87 of Law No. 30/2014, it can be seen that concrete actions are one form of KTUN. Thus, the lawsuit against the existence of real actions which is an onrechtmatige overheidsdaad lawsuit which was previously the absolute competence of the District Court, has changed to the absolute competence of the State Administrative Court.
ADMINISTRATIVE COURT JUDGES' EFFORTS TO PROVIDE LEGAL PROTECTION IN ENVIRONMENTAL DISPUTES (Decision Number 59/G/2023/PTUN.JKT) Muhammad Fathur Rahman; Moh. Fadli; Adi Kusumaningrum
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 3 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i3.2896

Abstract

The enactment of Law Number 32 of 2009 concerning Management and the Environment has been based on a legal basis and a philosophical basis that has elements of protection for Human Rights. In the provisions of Perma Number 1 of 2023 concerning Guidelines for Adjudicating Environmental Cases, it not only expands the objects of Environmental disputes but also adds a PTUN touchstone in testing the validity of Decisions or Actions taken by Officials/State Administrative Agencies, namely human rights provisions. As the third touchstone, it does not mean that Human Rights Provisions can be set aside in testing environmental disputes. Because environmental disputes are closely related to Human Rights. So that PTUN Judges can classify which Decisions or Actions are classified as violating the Law, AUPB or Human Rights Provisions. This research method is carried out by reviewing literature sources, namely by examining legal principles and norms. This article aims to provide an understanding of Judicial Activism in Environmental cases by the Panel of Judges, which is not impossible based on the Theory of Legal Protection in order to realize the objectives of the law, namely justice, benefit and legal certainty.
APPLICATION OF DWANGSOM (COERCED MONEY) IN DISPUTE RESOLUTION BREACH OF PAYMENT OF SHARIA LIFE INSURANCE CLAIMS (Study of Supreme Court Decision Number 364 K/Ag/2023) Firdiansyah Hidayatullah; Moh. Fadli; Sihabudin
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 5 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i5.4110

Abstract

The ruling in the Supreme Court Decision Number 364 K/Ag/2023 contains a penalty of payment of a sum of Rp538,178,014.00 (five hundred thirty-eight million one hundred seventy-eight thousand and fourteen rupiah) and also contains a penalty of dwangsom (forced money) to the defendant/applicant of cassation in the amount of Rp100,000.00 (one hundred thousand rupiah) for each day the defendant is late in carrying out the contents of the decision that has obtained permanent legal force. If referring to the norm in Article 606a Rv, the judge can only impose a penalty of dwangsom (forced money) if the judge's decision contains a penalty other than the penalty of paying a sum of money. The deviation in the application of the penalty of dwangsom (forced money) in the decision is based on considerations of justice and legal benefits as contained in the legal considerations. The research method in this writing is a normative legal research method by analyzing legal norms with legal principles. The purpose of this writing is to provide an understanding of the judge's authority in imposing a dwangsom (forced money) penalty in a default decision which includes a penalty of payment of a sum of money in a sharia life insurance case which is guided by the principles of justice, legal benefit, and the principle of ta'awun (mutual assistance).
Legal Certainty in Regulating Vice Ministers’ Concurrent Positions: Implications of Constitutional Court Decision No. 128/PUU-XXIII/2025 for Executive Governance Salahudin Pakaya; Moh. Fadli; Ismet Hadi
Politica: Jurnal Hukum Tata Negara dan Politik Islam Vol. 13 No. 1 (2026): Politica: Jurnal Hukum Tata Negara dan Politik Islam
Publisher : Prodi Tata Negara (Siyasah) IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/politica.v13i1.14482

Abstract

This article examines the legal certainty implications of Constitutional Court Decision No. 128/PUU-XXIII/2025, which extends the office incompatibility rule in Article 23 of Law No. 39 of 2008 on State Ministries to vice ministers. Using doctrinal legal research with statutory, case, conceptual, and comparative approaches, this article reconstructs the Court’s ratio decidendi and evaluates the ruling through four indicators of legal certainty: normative clarity, institutional coherence, predictability, and administrability. The analysis shows that the decision strengthens normative clarity by closing a statutory gap that previously allowed vice ministers to hold concurrent positions in state owned enterprises, private companies, or publicly funded organizations. Yet the ruling also creates implementation risks because the transitional period may invite fragmented compliance, administrative delay, or selective enforcement. This article argues that legal certainty after the decision depends not only on the Court’s interpretation, but also on concrete executive follow up. Its novelty lies in developing a compliance framework consisting of normative clarification, institutional mapping, transitional safeguards, and verifiable replacement mechanisms to align constitutional supremacy, executive accountability, and state owned enterprise governance.
RECONSTRUCTION OF ROAD TRAFFIC AND TRANSPORT LAWS ON DETERMINING DRIVING AREAS FOR VEHICLES WITH AUTOPILOT SYSTEMS Dyah Kemala Hayati; Moh Fadli; Dewi Cahyandari
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 4 No. 2 (2024)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v4i2.1496

Abstract

One developmentartificial intelligence is a vehicle with an autopilot function. This issue needs to be regulated in Law Number 22 of 2009 concerning Road Traffic and Transportation, which does not accommodate the regulation of determining driving areas for autopilot-based vehicles. The added value of this article is that it discusses the settings for determining driving areas in autopilot-based vehicles. The aim of this research is analyzing the urgency of determining driving areas for vehicles with an autopilot system as well as reconstructing traffic and road transport laws regarding determining driving areas for autopilot-based vehicles. This research uses a normative juridical research method with a conceptual approach, a legislative approach and a comparative approach through a comparison of vehicle regulation laws with AI systems in Germany, South Korea and the United States. The results of this research show that the consideration and importance of determining the driving area in vehicles with the systemAutopilot is the level of safety and vehicle autopilot system, the condition of road infrastructure in Indonesia which must be adjusted to the autopilot system, traffic density in Indonesia and the potential risks and impacts on the safety of other road users. It is necessary to reconstruct the determination of autopilot-based vehicle driving areas in law number 22 of 2009 concerning road traffic and transportation.
The Principle of Prudence and Scope Limitation in the Discussion of the Indonesian Constitutional Court: Implications for Legal Reform and Judicial Decision Making Fitria Esfandiari; Moh. Fadli; Hilaire Tegnan
Journal of Law and Legal Reform Vol. 6 No. 1 (2025): January, 2025
Publisher : Faculty of Law, Universitas Negeri Semarang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i1.8071

Abstract

The principle of precaution is understood as a preventive action in facing uncertainty or potential risks, especially when the potential impact of an action could be harmful. The Constitutional Court, whose decisions are final and binding, also applies this principle in its decision-making process. This research analyzes the relationship between the precautionary principle and the Justice Deliberation Meeting (RPH). The research method used was normative legal research with a statutory, conceptual, and philosophical approach. The study results affirm that the characteristics of Constitutional Court justices, viewed from the theory of authority, are unique. The theory of authority in law refers to the power or authority an institution or legal body possesses to make legitimate and binding decisions. In the context of the Constitutional Court, its decisions have a distinctiveness that reflects this institution’s special nature and responsibility. Furthermore, the Constitutional Court’s final decisions are binding, prioritize public interest, and use comprehensive evaluations in testing laws, reflecting the application of the precautionary principle in maintaining the integrity of the Constitution and justice for the entire society. In the case of RPH, justices should also apply the precautionary principle by considering all aspects and potential impacts of the law on the Constitution and the sense of justice in society.
Co-Authors Aan Eko Widiarto Abd. Majid Abdul Madjid Adi Kusumaningrum Afrizal Mukti Wibowo Airin Liemanto Asyifa Anandya Bambang Hery Mulyono Bambang Semedi Bayu Sagita Damopolii Dewi Cahyandari Dewi Yustiana Dhiana Puspitawati Dian Dombat Pejoreza Dyah Kemala Hayati Firdiansyah Hidayatullah Fitria Esfandiari Gala Kurnia Handawijaya Henny Yuningsih Hilaire Tegnan Imam Koeswahyono Ismet Hadi Komang Alit Antara Maria Fransiska Walintukan Marina Rona Mentari Puspa Wardani Miftahus Sholehudin Moelyadi Moelyadi Muhamad Fadillah Muhammad Fathur Rahman Putra, Marsudi Dedi Rachmad Safa’at Rachmi Sulistyarini Rita Parmawati Rizki Cintia Devi Salahudin Pakaya Senastri, Ni Made Jaya Sholahuddin Al-Fatih Sihabudin Sihabudin Solimun Solimun Sri Wahyu Kridasakti Sudarsono Supriyadi Supriyadi Triya Indra Rahmawan