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All Journal JURNAL HUKUM Pembaharuan Hukum Sociological Jurisprudence Journal Journal of Social Research Journal Research of Social Science, Economics, and Management
Anis Mashdurohatun
Universitas Islam Sultan Agung
Religion Humanities Computer Science & IT Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : Journal of Social Research

 1 
Regulation on the Authority to Address the Determination of Village Head Election Results as the Object of State Administrative Disputes Has Not Been Based on Justice Value Bernat Panjaitan; Anis Mashdurohatun; Sri Kusriyah
Journal of Social Research Vol. 2 No. 5 (2023): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v2i5.828

Abstract

As for the definition according to Law Number 5 of 1986 article 4, the State Administrative Court is one of the executors of judicial power for the people seeking justice for State Administrative disputes. Apart from the State Administrative Court, other courts as executors of judicial power in Indonesia based on Law Number 48 of 2009 concerning Judicial Power, are the General Court, the Religious Court and the Military Court which culminate in the Supreme Court, as well as an independent Constitutional Court. The type of research used in this research is analytical descriptive. Descriptive research is a form of research aimed at describing existing phenomena, both natural phenomena and man-made phenomena. Judges in being accountable for decisions often also seek support from jurisprudence and science. Seeking support in jurisprudence does not mean that a judge is bound by or has to follow decisions regarding similar cases that have been handed down by the Supreme Court and the Court of Appeal, or that have been decided by him alone. Based on the results of the research and discussion that have been described in the previous chapters, the authors draw conclusions, suggestions, from the results of the research as follows: Weaknesses in the regulatory authority adjudicating the Determination of Village Head Election Results as the Object of the Current State Administrative Dispute, Weaknesses Regulations in Article 1 number 8 and number 9 regarding the understanding of State Administrative Agencies or Officials and State Administrative Decisions in the perspective of current Human Rights, namely that there are weaknesses in the legal structure, legal substance and legal culture.
Reconstruction of Bankruptcy Regulations and Suspension of Debt Payment Obligations Based on Islamic Legal Values Hijratul Pahsyah; Sri Endah; Anis Mashdurohatun
Journal of Social Research Vol. 2 No. 5 (2023): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v2i5.859

Abstract

The background of this research is that as it happens in the business world, the need for funds is a basic need that must be met by business actors, to overcome the problem of funding needs, capital loans are the solution. The problem that arises is if within the specified time the debtor is unable to pay it. The purpose of this study is to malign  and find that bankruptcy regulations and PKPU have not been based on Islamic justice values, analyze and find weaknesses in current bankruptcy regulations and PKPU, and  analyze and find reconstructions of bankruptcy regulations and PKPU based on Islamic justice values.    In this study, the constructivism paradigm was used. namely the paradigm that is the antithesis of the understanding that lays observation and objectivity in finding a reality or science, This type of research is descriptive analysis, the approach that the author uses is a Sociological Juridical approach,  This research is categorized into doctrinal hukun research (both normative and philosophical juridical), The data analysis method used in this study is qualitative data analysis to obtain descriptive data. This research uses Islamic legal theory as an applied theory, namely the Mashlahah Theory According to Imam Al-Ghazali which is a concept that is used as the main consideration in solving Islamic legal problems because the principle contained in maslahah is the maintenance of the objective purpose of law (maqasid al-shari'ah)  that is, the maintenance of religion, soul, reason, heredity, and property. Based on the results of this study, it was found that the first Bankruptcy Regulation and Suspension of Debt Payment Obligations have not been based on Islamic justice values, especially in article 2 paragraph (1), article 17 paragraph 2 and article 225 paragraph 4, Second, weaknesses were found  in the current bankruptcy and PKPU regulations, including bankruptcy requirements of at least 2 creditors, the temporary decision of PKPU was only given 45 days,  and the fee for curator is too great. For this reason, it is necessary to reconstruct the Bankruptcy Regulation and PKPU, including increasing the bankruptcy requirements for more than 2 creditors, extending the temporary bankruptcy of PKPU for more than 45 days or 1 year, changing the Curator fee calculation system based on agreements with debtors and creditors.
Reconstruction of Regulation of the Authority to Address Determination of Village Head Election Results as the Object of State Administrative Object of State Administrative Disputes Based on Justice Value Bernat Panjaitan; Anis Mashdurohatun; Sri Kusriyah
Journal of Social Research Vol. 2 No. 6 (2023): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v2i6.919

Abstract

The State of Indonesia is a State of Law". As a constitutional state, Indonesia places the foundations of law above all else. The purpose of this study is to analyze and find regulations adjudicating the determination of village head election results as objects of dispute. State administration is not based on the value of justice. The results of the Election of the Village Head as the object of a state administrative dispute based on the value of justice. The paradigm in this study is Constructivism. The legal research used in this dissertation is qualitative legal research, i.e. non-doctrinal legal research using a socio legal research approach, and the nature of this dissertation research is descriptive. The theory used is Pancasila justice theory, dignified justice theory (Grand Theory), legal system theory (Middle Theory), as well as progressive legal theory and authority theory (Applied Theory). The results of the study found that the Reconstruction of regulations on the authority to adjudicate the Determination of Village Head Election Results as Objects of State Administrative Disputes based on the value of justice, Reconstruction of regulations on objects of state administrative disputes on Bodies or Officials and State Administrative Decisions as follows: contents of Law No. 51 of 2009 concerning the Second Amendment to Law No. 6 of 1986 concerning State Administrative Courts Paragraph (1) Number 8 concerning the meaning of State Administrative Agencies or Officials Paragraph (1) Number 9 concerning State Administrative Decisions Prior to reconstruction in the event of disputes over the determination of the Village head election committee regarding the results of the village head election not being resolved by the Regent can be directly challenged to the state administrative court.
Co-Authors Amanda Amanda Ananingati Ananingati Ariy Khaerudin Bernat Panjaitan Gunarto Gunarto Hijratul Pahsyah Jaka K W Muslimah Hayati Oktavianto Setyo Nugroho Prasetyo, Teguh Saritua Silitonga Sri Endah Sri Kusriyah Zaenal Arifin