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All Journal Jurnal Hukum IUS QUIA IUSTUM Jambe Law Journal Legal Standing : Jurnal Ilmu Hukum
Despan Heryansyah
Universitas Islam Indonesia
Law, Crime, Criminology & Criminal Justice

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Tanggung Jawab Pemuda terhadap Masa Depan Pancasila Despan Heryansyah
Jurnal Hukum IUS QUIA IUSTUM Vol. 21 No. 4: Oktober 2014
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol21.iss4.art5

Abstract

Pancasila has not provided a great influence on the development of Indonesia. This is caused by the history of the implementation of Pancasila which is laden with irregularities committed by the authorities. The problem in this study is, first, how is the responsibility of the youth to the future of Pancasila? Second, what are the values contained in Pancasila. This research is doctrinal. Legal materials used in the form of primary and secondary legal materials. The method used the philosophical approach and historical approach. The finding of this study concluded that, first, youth personal responsibility is to continue the improvement of the character by studying and implementing the values of Pancasila. Secondly, Pancasila containing the noble values of divinity, humanity, unity, democracy, and justice must be instilled as early as possible within Indonesian society.
Problems of Law Enforcement and Ideas of Paradigm Prophetic in Indonesia Despan Heryansyah; Muhammad Hidayatullah
Jambe Law Journal Vol 1 No 1 (2018)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (191.768 KB) | DOI: 10.22437/jlj.1.1.91-114

Abstract

Law enforcement portraits in Indonesia have not provided encouraging results. The reforms of 1998 in all aspects of the state including law have not always proceeded as planned. The fact that law continues to be legalistic-positivist is a major problem of law enforcement in Indonesia that never succeeded. Therefore, the reconstruction of such thinking model must first be done. As the law is not an independent entity separate from its association with other entities, however, the law is part of the life of society that can not be released away from social entities, politics and so on. The idea of ​​prophetic law is the right solution for the improvement of the Indonesian legal system. The prophetic paradigm is a set of theories that not only describe and transform social phenomena, nor simply change a thing for change, but more than that, it is expected to lead to change on the basis of ethical and prophetic ideals. Where in the basis of the conception of humanization, liberation, and transdensi as stated in the letter of Ali Imron: 110. The prophetic paradigm differs greatly from the positivist paradigm. The transcendence base, humanization orientation and liberation embedded in law enforcement will encourage its existence to always be total in making legal findings (ijtihad al hukmi) objective to be applied to a case. By making the paradigm of prefetics law as the base of law enforcement value in Indonesia, it is expected that law can really give a sense of justice to society which so far only limited to wishful thinking
Intended to Fail: The Problems of Regulating and Reviewing Discretion in Indonesia (An Empirical Study) Despan Heryansyah; Desmalinda
Legal Standing : Jurnal Ilmu Hukum Vol. 10 No. 1 (2026): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v10i1.13414

Abstract

In accordance with the principle of the rule of law (rechtstaat), all legal actions (rechtshandelingen) and/or factual actions (feitelijke handelingen) of government officials must be based on applicable laws and regulations. However, the increasing complexity of societal life means that not all public affairs are fully regulated. Existing regulations often contain vague or open norms that provide room for interpretation, thereby requiring the exercise of administrative discretion. While discretion is necessary to ensure effective governance, its use without clear requirements, objectives, and limitations may lead to arbitrary actions that harm the public, particularly when there is limited legal space to challenge or annul such decisions. To address this issue, Law Number 30 of 2014 on Government Administration establishes provisions regarding the requirements, procedures, objectives, and review mechanisms for government discretion. Nevertheless, the regulatory framework still contains several ambiguities, resulting in practical difficulties and uncertainty for government officials in exercising discretion as well as for judges of the Administrative Court (PTUN) in reviewing disputed discretionary decisions.
Co-Authors Desmalinda Muhammad Hidayatullah