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All Journal Jurnal Dinamika Hukum Jurnal Media Hukum Al-Ihkam: Jurnal Hukum dan Pranata Sosial Jurnal IUS (Kajian Hukum dan Keadilan) Sriwijaya Law Review Pena Justisia: Media Komunikasi dan Kajian Hukum Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Law and Justice Soedirman Law Review Jurnal Dinamika Hukum
Muhammad Fauzan
Universitas Jenderal Soedirman
Religion Humanities Decision Sciences, Operations Research & Management Law, Crime, Criminology & Criminal Justice Social Sciences

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Initiating the Reform of Principle Norms in the Formation of Laws in Indonesia Asmarudin, Imam; Fauzan, Muhammad; Nasihuddin, Abdul Aziz; Ardhanariswari, Riris; Hariyanto, Hariyanto; Nunna, Bhanu Prakash
Jurnal IUS Kajian Hukum dan Keadilan Vol. 12 No. 2 (2024): 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.v12i2.1390

Abstract

The formation of responsive laws is an ideal form and a must in a country that adheres to democracy, the involvement of the community in the formation of laws and regulations is a form of implementation of democracy and popular sovereignty, so far the principles of the Formation of Legislation are regulated in Article 5 of Law Number 12 of 2011, but these principles are still formally operational and are considered unable to provide space for the community in conveying input that needs to be fulfilled in the mechanism of forming laws, so there needs to be an update on the principles of its formation. This research aims to find out how the idea of updating the norms of principles in the formation of laws in the future, the method in research uses legal research methods through approaches, data analysis is descriptive qualitative statute approach, conceptual approach, and case approach. the results of the study show that the formation of laws and regulations must certainly begin with a response to the existence of a legal problem that develops in society and there must be a regulatory solution, so that the formation of laws and regulations is not always based on political interests, certain groups or other interests, it is to avoid overregulation. The concept of responsiveness becomes urgent to be prioritized as a new norm of principles in the formation of good laws and regulations, because it can provide a two-way space between the legislator and the public quickly. the concept of responsiveness becomes a new idea in the new norm of the principles of good law formation, which has the character of strengthening the root foundation of the principle of openness and as a supporter (supporting) to the provisions of Article 96  Law Number 13 of 2022 concerning the Second Amendment to Law Number 12 of 2011 concerning the Formation of Legislative Regulations.
Constitutional Court Decision to Protect the Rights of Women and Children in Improving Justice and Legal Certainty Riris Ardhanariswari; Muhammad Fauzan; Fathimah Azzahro
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 2 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i2.3054

Abstract

This paper aims to analyze how the Constitutional Court protects human rights, especially the rights of women and children. Through one of the powers of the Constitutional Court is to conduct a judicial review of the Constitution. The authority of the Constitutional Court is a push for the realization of the constitutionality of the law in order to protect human rights for everyone, including women and child right. The purpose is to analyze the extent to which the Constitutional Court performs its function as the guardian of the Constitution. The research uses statute approach, the comparative approach, the conceptual approach, and the historical approach, based on four judicial review cases: Constitutional Court Decision No.20/PUU-XI/2013 concerning Judicial Review No. 10 of 2008 of General Elections, Constitutional Court Decision No.46/PUU-VIII/2010 concerning Judicial Review Number 1 of 1974 on Marriage, Constitutional Court Decision No.22/PUU-XV/2017 concerning Judicial Review Number 1 of 1974 on Marriage, and Constitutional Court Decision No.24/PUU-XX/2022 concerning Judicial Review Number 1 of 1974 on Marriage. The results of the review demonstrate that: (1) there is an imbalance in legal products that harm women and children; and (2) the Constitutional Court has a mechanism to correct inequality in legal products through a judicial review mechanism. This paper finds that the Constitutional Court plays a significant role in safeguarding women's rights in law through judicial mechanisms. Moreover, this article provides an academic-based assessment of the Constitutional Court's decisions to provide optimal protection for the fulfilment of the rights of women and children.Keywords: Protection, Woman and Children, Rights, Constitutional Court
The Age Limit for Presidential and Vice-Presidential Candidates in Constitutional Court: An Implication of Ethical Sanctions for Judges Muhammad Fauzan; Dewi Iriani; Arief Budiono; Mahesa Rannie; Elsa Sintya Marvinda
Jurnal Dinamika Hukum Vol 24 No 3 (2024)
Publisher : Faculty of Law Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2024.24.3.15571

Abstract

Almas filed a lawsuit to lower the minimum age requirement for presidential and vice-presidential candidates from 40 to 35 years, arguing that the existing rule contradicts the 1945 Constitution. This lawsuit sparked debate but also created opportunities for young and talented candidates to run for office. The Constitutional Court partially granted the lawsuit through Decision No. 90/PUU-XXI/2023, maintaining the minimum age at 40 but allowing exceptions for those with experience as regional heads. This ruling was controversial as it introduced a new legal interpretation within Indonesia’s constitutional system. This study aims to analyze how Constitutional Court judges interpret the age requirement for presidential and vice-presidential candidates and how the court’s final authority in this decision has become a subject of controversy. The research employs a jurisprudential approach, examining court decisions as primary data and supplementing them with secondary data from literature reviews, the 1945 Constitution, and the Election Law (2017). Findings indicate that Decision No. 90/PUU-XXI/2023 remains controversial as it is perceived to be inconsistent with constitutional and democratic principles. Additionally, several Constitutional Court judges were sanctioned by the Court’s Honorary Council for ethical violations, further fueling the debate surrounding this ruling. Despite the controversy, the decision remains final and binding, while also opening opportunities for younger leaders with prior leadership experience to run for president or vice president before reaching the age of 40.
Co-Authors Abdul Aziz Nasihuddin Ahmad Komari Ardhanariswari, Riris Arief Budiono Asep Budiman Azzahro, Fathimah Dewi Iriani Dwiyanto Indiahono Elsa Sintya Marvinda Fathimah Azzahro Hanif Fudin HARIYANTO HARIYANTO Idamatussilmi, Idamatussilmi Imam Asmarudin kadar pamuji Mahesa Rannie Nunna, Bhanu Prakash Riris Ardhanariswari Riris Ardhanariswari Riris Ardhanariswari Rohmah Maulidia Samyo Samyo Sugeng Riyadi Tedi Sudrajat