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Ni'matul Huda
Universitas Islam Indonesia
Law, Crime, Criminology & Criminal Justice

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Peran dan Fungsi Mahkamah Konstitusi Dalam Pembangunan Politik Hukum Pemerintahan Daerah Ni'matul Huda
Jurnal Hukum IUS QUIA IUSTUM Vol. 19 No. 3: Juli 2012
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol19.iss3.art1

Abstract

After the shift of authority in the dispute settlement of Regional Head Election from Supreme Court to Constitutional Court, and the authority to evaluate the regulations of law of Constitutional Court, there is high public expectation on the role and functions of the Constitutional Court in the dispute settlement in Regional Head Election. This research discusses the problems on, first, the role and functions of Constitutional Court in the establishment of regional government law politics in Indonesia. Second the legal implications of the decision of Constitutional Court on the regional government governance. This research is a normative legal research using case study method. The result of the research concludes that, first, the role and functions of Constitutional Court is very significant, especially through the authority to evaluate the regulations of law and on the dispute settlement governing the regional head election. Second, the decision of Constitutional Court has given legal implication to the regional head election governance, that is the follow-up action by the lawmakers (Government and Legislative) by revising several particular provisions which has been annulled.
Pengakuan Kembali Surakarta Sebagai Daerah Istimewa dalam Perspektif Historis dan Yuridis Ni'matul Huda
Jurnal Hukum IUS QUIA IUSTUM Vol. 20 No. 3: Juli 2013
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol20.iss3.art4

Abstract

This research is managed to answer three main problems: First, why was the Special Region of Surakarta obliterated? Second, is there any possibility to reconstruct and acknowledge the specialty of Surakarta? And, third, what attempts can be taken to make Surakarta acknowledged as Special Region again? This research aims at: First, understanding the background of the obliteration of Surakarta Special Region; second, studying the possibility of re-acknowledgement of the specialty of Surakarta, and third, finding out the attempts that can be conducted to acknowledge Surakarta as Special Region again. This research is a normative legal study using the regulations of law and several statutes as the primary legal material, and the literature relevant to the research object as the secondary legal material. This research uses the historical approach and statute approach. The analysis method used is qualitative descriptive. The conclusion of this research are: First, in historical perspective, the obliteration of Special District of Surakarta resulted from the social movement of the community called “gerakan anti swapraja” which demanded to revoke the special status of Surakarta. Second, the re-acknowledgement of the special status of Surakarta depends of the political will of Central Government, People Representative Council, Regional Government, Regional Legislative, and the community of Surakarta (ex Karesidenan Surakarta). Third, the attempt that can be conducted in order that Surakarta is re-acknowledged as a Special District is by the extension of the region or through the assessment of Law No. 10 of 1950 by Constitution Assembly.
Hak Politik Tentara Nasional Indonesia dan Kepolisian Negara Republik Indonesia Pasca Reformasi Ni'matul Huda
Jurnal Hukum IUS QUIA IUSTUM Vol. 21 No. 2: April 2014
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol21.iss2.art3

Abstract

The government policy to temporarily ‘postpone’ the voting right of the army and police after the reform has become an interesting topic of discussion among the people. This study discussed: first, what are the implications of the political and state administration reform 1998 on the national army dual function? This study was a normative research using primary and secondary research materials. This study employed statute and historical approaches. This study concluded that first, the implications of the political and state admisnistration reform 1998 on the national army dual function were the institutional separation between army and police, the abolishment of army membership in People’s Consultative Assembly, and the temporary postponement of voting right of national army and police until General Election of 2014. Second, national army and police were not allowed to use their rights to vote in the General Election after the reform due to the fact that the dual function of army during the New Order had weakened the democracy functions.
Urgensi Pengaturan Peredaran Minuman Beralkohol di Daerah Istimewa Yogyakarta Ni'matul Huda; Jamaludin Ghafur; Ali Ridho
Jurnal Hukum IUS QUIA IUSTUM Vol. 22 No. 1: Januari 2015
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol22.iss1.art4

Abstract

This study discusses the urgency of setting up the circulation of alcoholic beverages in DIY formulated in the following three research problems: first, what is the urgency of Yogyakarta Province government in regulating the circulation of alcoholic drinks? Second, what is the basic principles underlying Yogyakarta Province authority to regulate the circulation of alcoholic beverages and what is the best form of legal products to regulate the circulation of alcoholic beverages in the province? Third, what are the materials of the regulations on the distribution of alcoholic beverages in Yogyakarta Province? This research is a normative juridical which uses primary law, secondary law, and tertiary legal materials. The results showed that first, urgency settings of alcoholic beverages is intended as prevention (preventive), risk reduction (preparedness), responsiveness (response), as well as recovery efforts (recovery) from drinking alcoholic beverages. Secondly, the basis of the authority of Yogyakarta Province Government for the Distribution of Alcoholic Beverages regulation is rooted in Law 32 of 2004 and Presidential Decree No. 74 Year 2014. Third, the main points of the materials contain (i) the type and classification of alcoholic beverages; (ii) a ban on the production, distribution, sale and storage of alcoholic beverages; (iii) licensing; (iv) community participation.
Hakikat Pembukaan Dalam UUD 1945 Ni'matul Huda
Jurnal Hukum IUS QUIA IUSTUM Vol. 12 No. 28: Januari 2005
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol12.iss28.art2

Abstract

The spirit of the 1945 constitution preamble is the fundamental principle of Indonesia. Whether or not the 1945 Constitution is changed, it relates to a political matter, so thata prohibition to change the preamble shoeldbe included In the constitution.
Telaah Kasus Sengketa Hasil Pilkada Depok Dalam Perspektif Yuridis Ni'matul Huda
Jurnal Hukum IUS QUIA IUSTUM Vol. 12 No. 30: September 2005
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol12.iss30.art7

Abstract

Cases related to the Election of the Head of Regent in Depok bestows a significant lessonfor allofus,particularly to the District Election Committee. The involvement of law and politics are very dominant on the Election. Consequently, the District Election Committee and Commission of District Watch are demanded tobe professional, because if there is a dispute in the future the credibility of the Commission of District Election isgoing to be that is at stake.
Kedudukan Peraturan Daerah Dalam Hierarki Peraturan Perundang-undangan Ni'matul Huda
Jurnal Hukum IUS QUIA IUSTUM Vol. 13 No. 1: Januari 2006
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol13.iss2

Abstract

The mechanism procedure of establishing by laws is the same with Act and the posisition of by law is equal with the Act, in the sense, that by laws and Act are legislative products.However, the contain of bylaws is different with the Act The implementation of bylaws is limited to a certain region, otherwise the Act isimplemented in the national level. Thus, the hierarchy ofbylaw is lower than the Act.
Pengawasan Pusat terhadap Daerah (Kajian terhadap Peraturan Daerah "Bermasalah") Ni'matul Huda
Jurnal Hukum IUS QUIA IUSTUM Vol. 10 No. 23: Mei 2003
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol10.iss23.art2

Abstract

The annulment of district regulation by the Minister of Home Affairs is the form of repressive controlling for the region should be taken after decision of The Supreme Court who cancelled the district regulation. To minimize the deviation in making district regulation, it would be better that the government have a guidance for the local regulation especially for making district regulation and the decision of region in chief continuously. Endorsed Laws or Decision of District in chief returned after revising immediately, so that the possible mistakes on drafting the district regulation or the Creed could be minimized as soonas possible.
Beberapa Kendala dalam Penyelesaian Status Hukum Tanah Bekas Swapraja di Daerah Istimewa Yogyakarta Ni'matul Huda
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.art7

Abstract

Pertaining to the 'lex posteriori derogat legi inferioh principle', the issuance of the Act No.5,1960 of UUPA (the Basic Principle of Agrarian Law) seems different It results that theauthority of the Yogyakarta Special Territory Province having its own nghts to arrange land affairs as an autonomy authority based on the Act No. 3,1950, becomes nullified. Despite the reality, the resolution ofthe fourth Dictum letter 'a'of the Basic Principle of AgrarianLaw (UUPA) is bias. It states that since the Act iseffective, rights and authority of the land and water of autonomous region or ex-autonomous region prevailing atthe time become removed, and those change into State ownership since then. The arrangement of the fourth Dictum lettera will be settled in the forms of government regulation, and the government regulation it self has not been issued yet In terms of its legal status, the ex-autonomous land in Yogyakarta Special Territory Province is unclear.
Hak Prerogatif Presiden dalam Perspektif Hukum Tata Negara Indonesia Ni'matul Huda
Jurnal Hukum IUS QUIA IUSTUM Vol. 8 No. 18: Oktober 2001
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol8.iss18.art1

Abstract

The prerogatives of the presiden to four country have been limitated significantly since the General Assembly (MPR) has amended the consfitutiom Many its articles which had empowered the president to rule the state authoritatively have been corrected by the amendment as the president shouldget approvalfrom parliament(DPR) is some certain cases orconsideration from the Representative Body ofSupreme Court in the otherones.In order to control President's power the parliamentwould be obligedto exploit its rights extensively and proportionally. However, it would be veryimportant to declare his power on the constitution or codes with clean 
Co-Authors Ali Ridho Jamaludin Ghafur, Jamaludin