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Junaidi '

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Author-ID : 3163951

Humanities Earth & Planetary Sciences Economics, Econometrics & Finance Industrial & Manufacturing Engineering Law, Crime, Criminology & Criminal Justice Social Sciences

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MAHKAMAH KONSTITUSI SEBAGAI POSITIVE LEGISLATURE DALAM PENGUJIAN UNDANG-UNDANG TERHADAP UNDANG-UNDANG DASAR 1945 Syara Nurhayati; Mexsasai Indra; Junaidi '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Constitutional Court as one of the institutions in judicial power holders, get special attention because the laws were issued. Product legal form that is both positive legislature decision considered to have displacement of the authority Constitutional Court from a negative into a positive legislature. The legal conditions cause various polemics and phenomena in the system of constitutional law in Indonesia, that related validity constitution and implementation of the positive legislature’s decisions. Purpose of this study was to determine the constitutionality of positive legislature decisions in Indonesia and implementation of the decision by the government in Indonesia’s legal system. This research is a normative study, which the authors tried to collect and analyze data on the writing of literature. The source of data is divided into primary, secondary and tertiary data. Constitutionality of the positive legislture’s decisions by Constitutional Court when viewed under Article 24C of the 1945 Constitution is not contradictory. Because the Indonesian constitution does not provide authority to limit the Constitutional Court issued a legal product. In addition, the legal reasoning in the Constitutional Court issued a positive legislatur’s decision needs to be considered in valid decision of the Constitutional Court. Where most of the legal considerations given in the Court issued a positive legislature’s decision is to achieve justice for the substantive constitutional rights holders. Whereas, for the implementation of positive legislature’s decision if not immediately followed by legislator, is valid since it was decided in court. Given the Indonesian legal system that is more influenced by positivism, needs to be made to understand the written regulations related to the authority of the Constitutional Court to issue a ruling in particular legal product that is positive legislature. In addition, for the effectiveness of the delivery of law in Indonesia should also be made binding rules for the legislator in order to more quickly respond to any product preformance law issued by the Constitutonal Court therefore do not trigger a legal vacuum in Indonesia’s legal system .Keywords: positive Legislature, constitutionality, legal consequences.

KONSTITUSIONALITAS PASAL 12 HURUF G DAN PASAL 51 AYAT (1) HURUF G UNDANG-UNDANG NOMOR 8 TAHUN 2012 DIKAITKAN DENGAN PUTUSAN MAHKAMAH KONSTITUSI NOMOR 4/PUUVII/ 2009, PUTUSAN MAHKAMAH KONSTITUSI NOMOR 79/PUU-X/2012, DAN PUTUSAN MAHKAMAH KONSTITUSI NOMOR 42/PUU-XIII/2015 Rika Yuli Handayani; Mexsasai Indra; Junaidi '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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According to Article 24C of the Constitution of 1945, especially the decisionof the Court judgment in the judicial review of Law is final and binding. But howif the rule of law is also unconstitutional by the Constitutional Court decisionrevived in the laws changed but still set the same thing by the legislator as Article12 letter g and Article 51 paragraph (1) letter g of Law Number 8 of 2012.Interestingly, when issuance Court decision number 42/PUU-XIII/2015 testarticle 7 letter g of Law Number 8 of 2015 which sounds identical to the norm ofarticle unconstitutional it, and startling in the verdict of the Constitutional Courtstates grant the petition for partially unconstitutional conditional as the ruling ofthe Constitutional Court ruling Number 4/PUU-VII/2009. Then how about thenorm clause that contained in Law Number 8 of 2012, is constitutional orunconstitutional, ever tested to the Court but the Court rejected it by its DecisionNumber 79/PUU-X/2012.The results of this study is that Article 12 letter g and Article 51 paragraph(1) letter g of Law Number 8 of 2012 is unconstitutional and the legalimplications after the Constitutional Court Decision Number 4/PUU-VII/2009,the Constitutional Court Decision Number 79/PUU-X/2012, and theConstitutional Court Decision Number 42/PUU-XIII/2015 is a legal ambiguitypolitical rights of former prisoners, the loss of mutatis mutandis ConstitutionalCourt ruling, does not contain provisions by ne bis in idem, and invalidates theerga omnes nature of the Constitutional Court. Supposedly Article 12 letter g andArticle 51 paragraph (1) letter g that automatically declared invalid and for theformer Act that the Parliament and the President, should be sincere to review alllegislation along relating to the voting rights of former prisoners from adapted tothe Constitutional Court's decision is final and have binding force, and the Courtmust remain consistent with previous decisions.Keywords : Constitutional Court Decision - Constitutional Court - JudicialReview - Law

EFEKTIFITAS PELAKSANAAN KEBIJAKAN ELECTRONIC-KARTU TANDA PENDUDUK (E-KTP) DI KECAMATAN TAMPAN BERDASARKAN UNDANG-UNDANG NOMOR 23 TAHUN 2006 TENTANG ADMINISTRASI KEPENDUDUKAN Jusmar '; Mexsasai Indra; Junaidi '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 1 (2015): Wisuda Februari 2015
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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The dynamics of the problems that arise regarding the application of e-ID card first so many problems there are indications in the provision of e-ID card project Such corruption, the second problem is the fact that quite interesting that the refusal by some private banks in Indonesia with the reason the E-ID card KTP is not the same as the previous, the third problem is: Based on the mandate of Article 63 Paragraph (3) of Law No. 23 Year 2006 concerning Population Administration Electronic Identity Card (e-ID) applies nationally, but in the case praktenya tersbut difficult to embodied, while the fourth issue is the implementation of e-ID card lifetime. Of the four issues above authors writing thesis proposal is focused on the problems that all third and fourth course this has a correlation with the author angkat.Ini title that attracts writers to lift the title: "The Effectiveness of Policy Implementation Electronic- identity This study aims to Know implementation-implementation of Electronic Identity Card (e-ID) in District Charming by Act No. 23 of 2006 on Population Administration and for the implementation of the application Electronic- Knowing Problems of Identity Card (e-ID) in District HandsomeBased on the formulation of the problem and research objectives, the type of research that is used by the author is the law of sociological research is the study of the effectiveness of the laws that are applicable in this case I do research on Analysis Scope of application Electronic- Identity Card (e-ID) Under Law Law No. 23 Year 2006 concerning Population Administration in Pekanbaru. The results of this study indicate Implementation of policy implementation-Electronic Identity Card (e-ID) in District Handsome pursuant to Law No. 23 Year 2006 concerning Population Administration was less effective it was proven by the many people who until now have yet to receive E -KTP it proved there were 3858 people Handsome District residents who still do not get an e-ID card and Policy Issues E-KTP implementation of the sub-districts, namely the lack of socialization Handsome government to remote areas, causing uneven implementation of policy information as well as e-KTP. Which is where this policy also does not meet the government's target when viewed from the Law of the Republic of Indonesia.Keywords: Effectiveness, Electronic Identity Card, Legal Due

ANALISIS YURIDIS TERHADAP PUTUSAN MAHKAMAH KONSTITUSI NOMOR 34/PUU-XI/2013 TENTANG PENGUJIAN UNDANG-UNDANG NOMOR 08 TAHUN 1981 TENTANG HUKUM ACARA PIDANA TERHADAP UNDANG-UNDANG DASAR NEGARA REPUBLIK INDONESIA TAHUN 1945 Faishal Taufiqurrahman; Mexsasai Indra; Junaidi '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 1 (2015): Wisuda Februari 2015
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Legal effort constitutes protected right by the law aimed to seek the truth and justice. Legal effort consist of the First Instance Court, Appeal, Supreme Court Appeal, and Cotemplation Review to the Supreme Court. By the existence of decision number 34/PUU-XI/2013 born phenomenon related to how the legal guarantee of the parties. Antasari Azhar’s caserelated to Contemplation Review to Supreme Court and Supreme Court decided to refuse that Comtemplation Review. The Supreme Court should be the final decision, but by the Contitutional Court’s decision ring about problem about the legal assurance on the Contemplation Review. The aims of this research are to seek the basic consideration of Constitutional Court in deciding the case number 34/PUU-XI/2013 and to seek the implication of the decision taken by the Constitutional Court to the principle of legal assurance and to seek the follow up of the decision number 34/PUU/XI/2013 to the Indonesian Judicature. Research used is also called normative or literature legal research. Because using the literature as a major cornerstone in conducting this research. The result of this research consist of, first: the basic consideration of Constitutional Court deciding lawsuit number 34/PUU-XI/2013 was based on sense of justice and human right. Second: implication of Constitutional Court number 34/PUU-XI/2013 to the legal assurance did not affect the void of the legal assurance as the court decision if had permanen legal power, it has legal assurance. Third: the follow up of the decision of Constitutional Court number 34/PUU-XI/2013 was that regulation formulation technically on the proposing the new proof (novum) and the space time of proposing legal effort of Contemplation Review must be made by a concrete regulation. Suggestions of the writer consist of, first: to the legislator should amend the articles existed in KUHAP which has been judicial review by Supreme Court. Second: to the legislator should make clear regulation in which kind of the new proof (novum) could be proposed to Contemplation Review more than one. Third: the proposal of Contemplation Review should be stated the limitation and space time given in order to create legal assurance, justice and usefull.Keywords : Juridical Analysis – Decision Constitutional Court - KUHAP

URGENSI UPAYA PAKSA DALAM PELAKSANAAN PUTUSAN PENGADILAN TATA USAHA NEGARA Uwaisyah Rani; Gusliana Hb; Junaidi '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 1, No 2 (2014): Wisuda Oktober 2014
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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The weakness of administrative decision assesed in absence of forceful measures imposed on the defendant administrative. With law No.9 of 2004 and changed with law No.51 of 2009, known forceful measures in administrative decision. Article 116, paragraph 4 „in case the defendant is not willing to implement the binding court decision, to official concerned shall attempt a forced measures such as forced payment of money forced and/or administrative sanction‟. But until now the implementation of rules and technical instruction how both intstrument such a forceful measures implemented has not been issued by the government and by the supreme court. The purpose of this writing is to find out the urgency of forceful measures in the implementation of the binding administrative court decision. Conclusions are (1) many administrative court decision that can not be excecuted, due the factors, both in self respect of defendant and the ansence of the institution of measures. (2) forceful measures as mandated in article 166can be implemented effectively because there‟s no implementing reguletion.(3) theimplementation of forceful measures as a feature of the general principle of good governance, the rule of law. And sanction as a weapon for defendant to implement the administrative court decision.The author suggestion that examined of the problems are, first there should be forcibly implementing regulations regarding it self as the publication of government regulations. Second, confirm the dranft plan of administrative law. Third, indispensable participations of defendant in the execution of administrative court decision to determine the development of execution.Key word : Urgency – forceful measures –administrative court

TINJAUAN YURIDIS TERHADAP KEBEBASAN BERSERIKAT, BERKUMPUL DAN MENGELUARKAN PENDAPAT BERDASARKAN UNDANG-UNDANG NOMOR 17 TAHUN 2013 TENTANG ORGANISASI KEMASYARAKATAN RAJA ADIL SIREGAR; Emilda Firdaus; Junaidi '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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In the new law was passed precisely on July 22, 2013 last, great hope in thecommunity contribute significantly to regulate the scope and definition of SocialOrganization clearly related to administrative legal aspects. Although equipped withsetting role of government and local government in fostering Community Organization,the presence of foreign Community Organizations conducting activities in Indonesia, tothe sanctions for Community Organization who commit certain violations. So when anorganization Kemasyarakatanyang no legal status, have registered to be recognized asCommunity Organisations who can do the organization's activities in the sphere ofregional and national.Instead of a Community Organisations who do not enroll in governmentauthorities can not service of the government, but the state can not establish theCommunity Organization as an illegal organization, even the state can not prohibit suchactivities as long as not violating the law. But if the events and activities of CommunityOrganizations has been proven to have violated the law and threaten security and publicorder, violate the rights of freedom of others, as set forth in the sense of freedom ofhuman rights, or violate the moral values and religion, the state is obliged to ensurepublic order and function can perform law enforcement, can even stop the activities of aCommunity Organization.The explanation was clearly gives understanding to the state or the ruling for notlimiting step and Social Organization activities based solely on their registration status.In addition, the right of individuals to participate in advancing the nation through anorganization or association as prescribed in Article 28E paragraph (3), which in essencestates must respect these rights. Preferably Act No. 17 of 2013 on Social Organizationrevisions back, because there are many chapters which give rise to a contradiction to theother rules. For Community Organisations who are not registered are still allowed tocarry out activities, just not getting Social and Development funding from theGovernment.Keywords: Freedom of Association, Assembly and Removing Opinion Based on LawNo. 17 of 2013 on Social Organization

KAPABILITAS KERJA PEGAWAI, PROSEDUR KERJA, BUDAYA KERJA DAN KUALITAS PELAYANAN PUBLIK Junaidi '
JIANA ( Jurnal Ilmu Administrasi Negara ) Vol 15, No 1 (2017)
Publisher : Universitas Riau

Abstract: Employee Capability, Work Procedures, Work Culture and Quality of PublicServices. This research study aims to determine and analyze the relationship between the variablesof employee capabilities, work procedures, work culture with the quality of public services.Design research using quantitative research methods. The population is customers as much as6204 and a sample of 100 people were taken by using the formula slovin. Data collection techniquesusing questionnaires and documentation. The analysis showed that the capability of employee,job procedures and work culture has a tendency to relatively weak positive relationshipwith the variable quality of public services. Thus the hypothesis statement “there is a positiverelationship between employee capabilities, work procedures and work culture, quality of publicservices at the Regional Water Company (PDAM) Indragiri Hulu” either individually or simultaneouslyacceptable.

Pergeseran Peran Partai Politik Pasca Putusan Mahkamah Konstitusi Nomor : 22-24/PUU-VI/2008 Junaidi '
Jurnal Ilmu Hukum Vol 2, No 2 (2011)
Publisher : Fakultas Hukum Universitas Riau

In section 214 UU number 10 year 2008 about general election legislative member determine chosen candidate stipulating determined by minimum boundary of acquirement voice 30% gratuity of common denominator elector ( BPP), if the threshold is not reached then further selected based on the determination of candidate sequence numbers. Based on the decision of the Court Number 22-24/PUU-VI/2008 article is repealed. With this decision, the role of political parties is reduced to the determination of candidates elected in the general election. Party only the sharing to present its legislative candidate in candidate list, whereas determining chosen or is not chosen by elector.

Pergeseran Peran Partai Politik Pasca Putusan Mahkamah Konstitusi No. 22-24/PUU-VI/2008 Junaidi '
Jurnal Ilmu Hukum Vol 1, No 2 (2010)
Publisher : Fakultas Hukum Universitas Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30652/jih.v1i02.1154

In section 214 UU number 10 year 2008 about generalelection legislative member determine chosencandidate stipulating determined by minimumboundary of acquirement voice 30% gratuity ofcommon denominator elector ( BPP), if the thresholdis not reached then further selected based on thedetermination of candidate sequence numbers. Basedon the decision of the Court Number 22-24/PUU-VI/2008 article is repealed. With this decision, the role ofpolitical parties is reduced to the determination ofcandidates elected in the general election. Party onlythe sharing to present its legislative candidate incandidate list, whereas determining chosen or is notchosen by elector.

Co-Authors Agung Prayogi Alsidik Syahputra Andyka Rahmat Putra Arsy Rahma Nelly Azwir Nasir Beby Reschentia Dodi Haryono Emilda Firdaus Erdianto ' Erdianto Effendi Faishal Taufiqurrahman Fenti Ermatika. EE Fery Aferio Gusliana ' Gusliana HB Indah Permata Sari Jendri Heri Sumarta Jun Ramadhani Jusmar ' Meilda Wiguna Mexsasai Indra MUHAMMAD TAUFIK Muhardi Rais RAJA ADIL SIREGAR Rika Yuli Handayani Rofika Shopia Rudi Heriyanto Sihombing Rut Lamria Kristina Tambunan Syara Nurhayati Thamrin ' Try Fauzan Permana Uwaisyah Rani Yusridha Putri Yuswanto ' Zulkifli '

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