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Afnila Afnila
Program Studi Magister Ilmu Hukum Fakultas Hukum Universitas Sumatera Utara

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Pemenuhan Hak Konstitusional Penghayat Kepercayaan Parmalim Dalam Dokumen Administrasi Kependudukan : Studi Putusan Mahkamah Konstitusi Republik Indonesia Nomor 97/PUU-XIV/2016 Daulat Nathanael Banjarnahor; Faisal Akbar Nasution; Mirza Nasution; Afnila Afnila
USU LAW JOURNAL Vol 7, No 4 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. The Indonesian Constitution, the 1945 Constitution has regulated the freedom of every citizen to embrace religion or adhere to faith and be treated equally and not discriminatory. In its implementation, freedom to adhere to beliefs, equal treatment and non discrimination has not been felt by believers, especially those who believe in parmalim because they have not been able to state their status as trustees in the demography administration document. The problem in this thesis study is how the legal arrangement related to the Indonesian belief in Indonesia during the new Order period to date, how the implementation of the constitutional rights of the termination of trust Parmalim in the administration The population before and after the Republic Indonesia Constitutional Court Decision Number 97/PUU-XI/2016, and how the State responsibility in fulfilling the constitutional rights of the Parmalim belief in the Demography Administration. This thesis uses empirical legal research methods. The data used in this thesis research are secondary data in the form of primary, secondary, and tertiary legal materials and supported by primary data in the form of in depth interviews with informants. The development of regulations related to belief groups in the New Order era can be seen in several forms of legislation, including the MPR Decree. Other arrangements in the form of a Presidential Decree, Minister of Religion Decree, Minister of Home Affairs Circular, Attorney General's Decree, and Law. During the regulatory reform period, the belief group was in the form of acknowledgment to the belief group which was regulated in the MPR Decree and Law. The implementation of fulfillment of the constitutional rights of the parmalim trustees in demography administration before the Republic Indonesia Constitutional Court Decision Number 97/PUU-XI/2016 was done by the Medan City Demography and Civil Registry Service is limited to Family Cards (KK) and was not done yet to identification card because refer to Demography Administration Law. After the Republic Indonesia Constitutional Court Decision Number 97/PUU-XIV/2016, Slowly gradually the Indonesian state through the government began to take strategic measures to accommodate the inclusion of the status of the belief in the administration of their residency, which is to publish The regulation of the minister of home affair, make any changes to the demographic information system, and issued a circular letter ministry of home affairs’ circular letter. The form of state responsibility in fulfilling the constitutional rights of the people who believe in parmalim in demography administration has not been fully implemented because it is still limited to filling in the KK religious column.   Keyword: compliance, constitutional rights, parmalim trustees, demography administration
Implikasi Putusan Mahkamah Konstitusi Republik Indonesia Yang Memuat Norma Baru Dalam Sistem Ketatanegaraan Indonesia : Analisis Putusan Mahkamah Konstitusi No. 102/PUU-VII/2009 Robin Reagan Sihombing; Mirza Nasution; Faisal Akbar; Afnila Afnila
USU LAW JOURNAL Vol 7, No 5 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. Based on the provisions of Article 56 and Article 57 of Law Number 8 of 2011 concerning Amendments to Law Number 24 of 2003 concerning the Constitutional Court only limited to the cancellation of the norm (negative legislator). However, from a number of decisions that not only invalidate the prevailing norms, positive legislators are proposed against the limiting bill from the authority of the Constitutional Court. One example of the verdict is the Constitutional Court decision Number 102 / PUU-VII / 2009 which is in the decision of the Constitutional Court (positive legislator), namely by allowing parliamentarians registered in the permanent voters list to be able to choose the identity card and passport. In this case, the authority of the state institution as the legislator of the House of Representatives (DPR) was taken over by the Constitutional Court, therefore the research in this thesis was conducted to explain and analyze the decisions of the Constitutional Court No. 102 / PUU-VII / 2009. The research carried out is normative legal research and the research discussion used is invitational research (statute approach) and renewal (case approach), namely by using legal data sources of secondary data which consists of primary legal materials, secondary legal materials and tertiary legal materials by means of analyzed using qualitative methods to deduce conclusions. Decision of the Constitutional Court No. 102 / PUU-VII / 2009 which influences agreed new norms (positive legislators) is very useful and useful for protecting constitutional rights. real justice. Justice is manifested in a sense of justice that is valued and lives in the midst of society. The implementation of this decision was finally set forth in a law, namely Law No. 7 of 2017 concerning general elections so that the use of identity card or passports in each general election becomes stronger in the implementation of the Court's decision No. 102 / PUU-VII / 2009 can find legal objectives, namely for justice, legal certainty and benefit for the community. Keywords: Mahkamah Konstitusi, constitutional court,  permanent voters list, justice.  
Ambang Batas Pencalonan Presiden Dan Wakil Presiden Terhadap Perlindungan Hak Konstitusional Warga Negara : Analisis Putusan Mahkamah Konstitusi Nomor : 53/PUU-XV/2017 Hendra Poltak Tafonao; Faisal Akbar Nasution; Mirza Nasution; Afnila Afnila
USU LAW JOURNAL Vol 7, No 6 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. The imposition of a threshold on constitutional presidential elections violates the constitutional rights of citizens. Based on the provisions of Chapter 6A Verse (2) of the 1945 Constitution, the presidential candidate and vice presidential candidate pairs are proposed by political parties or a combination of political parties participating in the general election before the general election. This provision provides space for political parties to propose candidates for president and vice president. but in article 222 of law number 7 of 2017 concerning general elections it provides a limit of 20% of the number of seats in the DPR or 25% of nationally valid votes in previous DPR member elections. in a presidential system the imposition of a threshold is irrelevant because theoretically separation of power is not known as the existence of a presidential accountability to the parliament, thus the threshold is not appropriate if the votes used are from the DPR elections. for this reason, the decision of the constitutional court should provide justice for the people by considering the sovereignty of the people.   Keywords: threshold, presidential election, constitutional court decision.
Kewenangan Pemerintah Pusat Melalui Menteri Hukum dan HAM Dalam Mengevaluasi Peraturan Perundang-undangan Budi Santho Parulian Nababan; Faisal Akbar; Afnila Afnila; Mirza Nasution
USU LAW JOURNAL Vol 7, No 6 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. The State of Indonesia is a state of law that cannot be separated from the regulations so that many regulations are produced, but there are conflicts, multiple interpretations, inconsistencies, and not operational, so that President Joko Widodo issues a legal revitalization policy package throught the regulation structuring program, institutional reform, and legal culture development. One of the sub programs on structuring regulations is the evaluation regulations by the Minister of Law and Human Rights. Since 2016 The Minister of Law and Human Rights has evaluated 759 legislations central with detail: in 2016 there were 193 legislation; in 2017 there were 295 laws and regulations; and in 2018 there will be 271 laws and regulation, but the results of the evaluation regulations by The Minister of Law and Human Rights don’t yet have a binding capacity for the ministries/institutions mentioned in the recommendations and don’t yet have a legal umbrella that requires the recommendations to be followed   Keywords: minister of law and human rights, regulations, evaluation of regulations