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All Journal Arena Hukum Pembaharuan Hukum Media Iuris Jurist-Diction Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan Jurnal Rechts Vinding : Media Pembinaan Hukum Nasional Yuridika PATTIMURA Legal Journal Jurnal Hukum dan Peradilan Deposisi: Jurnal Publikasi Ilmu Hukum

Mohammad Syaiful Aris

Fakultas Hukum Universitas Airlangga

Author-ID : 3197897

Religion Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 13 Documents Claim Missing Document

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JUDICIAL ACTIVISM OR SELF-RESTRAINT : SOME INSIGHT INTO THE INDONESIAN CONSTITUTIONAL COURT Radian Salman; Sukardi Sukardi; Mohammad Syaiful Aris
Yuridika Vol. 33 No. 1 (2018): Volume 33 No 1 January 2018
Publisher : Universitas Airlangga

The Constitutional Court of Republic of Indonesia is centralized judicial review institution which implements a posteriori and abstract control. Constitutional court decision often politically sensitive and involve important issues. On the one hand handing down strong decisions that uphold important constitutional principles can bring great benefits to citizens and can strengthen support for democracy but on the other hand, strong role of the court in judicial review tends to encroach increasingly on the territory of the law making institution. This article examines the decision of constitutional court in the framework of a tension between constitutionalism and democracy, especially from theoretical or conceptual approach. As result of examining its decisions, Indonesian Constitutional Court may reflect two characters; judicial activism as characterized by acting as law-maker and using policy in judicial decisions and/ or judicial self-restraint. Recent Indonesian experience shows that judicial review of legislation is not a simply of judicial control over law-making institution, as it brings tension in the context of power relations in the scheme of separation of power. Relationship between the court and legislature, in respective of judicial review, will culminate in the philosophy of the judiciary. However, as constitutionalism and democracy are virtue, decisions of the Constitutional Court in judicial review should create mode of self-limitation within the framework of the principle of separation of powers.

Penataan Sistem Pemilihan Umum yang Berkeadilan untuk Penguatan Sistem Presidensiil Di Indonesia Mohammad Syaiful Aris
Yuridika Vol. 33 No. 2 (2018): Volume 33 No 2 May 2018
Publisher : Universitas Airlangga

Justice in election one of the constitutional mandates expressly in Article 22E Paragraph (1) of the 1945 Constitution of the State of the Republic of Indonesia. Nevertheless the Constitution does not provide further guidance on what the meaning of justice in election. Therefore, it is necessary to search philosophically what exactly the meaning of justice in the election. An alternative system is needed as a bridge between the proportional system and the district system. An alternative system must be able to create a minimum majority party in parliament to support presidential policies, improve the accountability the member of parlements and accommodate heterogeneous groups.

Opportunities and Challenges in the Implementation of Plurality - Majority (District) Electoral System for Strengthening the Indonesian Presidential System Mohammad Syaiful Aris
Yuridika Vol. 37 No. 3 (2022): Volume 37 No 3 September 2022
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v37i3.37604

Presidential government system has its own disadvantages, one of them is the possibility a minority president presence in this system, namely a president who is not supported by a parliamentary majority, even though the President has a strong mandate from public, but with a minority position, the government’s agenda which carried out by the president could be hampered by parliament or the legislature, therefore it is needed a coalition government. The combination of a presidential system with a multi-party system is difficult to implement because whoever the president is elected will be encountered with a certain condition that it is impossible to support him in parliament without forming a coalition. In order to respond the problem in strengthening the presidential system in Indonesia, the author offers a majority general election system or district system (first Past the Post) as an effort to create an effective and responsible government. This is a legal study which used two approaches, namely statutory approach and conceptual approach. Based on the results of study, it can be concluded that the majority system was more appropriate for creating an effective and responsible government because it could encourage the simplification of political parties and the responsibilities of people’s representatives to the voters in each district.

Co-Authors Bagus Oktafian Abrianto Dita Elvia Kusuma Putri Farid, Diana Fauzurrahman, Iqbal Felicia, Stefania Arshanty Gio Arjuna Putra Gisymar, Najib A. Iqbal Fauzurrahman Muhammad Husni Abdulah Pakarti Nahdyan, Auly Nugraha, Xavier Pangastuti, Inagatha Setyarahma Putri, Dita Elvia Kusuma Putri, Luh Putu Yeyen Karista Radian Salman Ramdani Wahyu Sururie Stefania Arshanty Felicia Sukardi Sukardi Surasa, Ais Vega Dinda Ardian Widiananto Nanda Prasetya

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