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All Journal SIGn Jurnal Hukum Jurnal Pengabdian Masyarakat (ABDIRA) Yuridika
Farah Syah Rezah
Universitas Muslim Indonesia
Aerospace Engineering Computer Science & IT Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Nursing Social Sciences Other

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Adat sebagai Konsep Kunci dan Siri’ sebagai Konsep Inti Budaya Ugi-Mangkasara Farah Syah Rezah; Abd. Kahar Muzakkir
SIGn Jurnal Hukum Vol 3 No 1: April - September 2021
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v3i1.123

Abstract

This study aims to understand custom as a key concept and siri’ as the core concept of Ugi-Mangkasara Culture based on a legal anthropological perspective. This study uses a normative approach that focuses on tracing the history of customary law related to the object of the problem. The object of study in this research is documents and manuscripts about Ugi-Mangkasara culture. The analysis used is a qualitative analysis based on the perspective of legal anthropology, so that the object of study can be interpreted and described in a narrative form. The study results show that custom as a key concept and siri’ as the core concept of Ugi-Mangkasara culture is a product of the culture of the Ugi-Mangkasara human child, which is full of values from various dimensions as the identity of the Ugi-Mangkasara human child. For Ugi-Mangkasara human children, respecting customs is a social obligation of the culture owner. Enforcing siri’ is respect for self-respect and human dignity. The values contained in the Ugi-Mangkasara culture can be used as a spirit for human children who own the culture in particular and in general for Indonesian children as part of the Ugi-Mangkasara tribe.
Regional Head Election During COVID-19 Pandemic: the Antinomy in the Government Policies Rizki Ramadani; Farah Syah Rezah
Yuridika Vol. 36 No. 1 (2021): Volume 36 No 1 January 2021
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (324.157 KB) | DOI: 10.20473/ydk.v36i1.23528

Abstract

Welcoming the simultaneous regional head election in 2020, it is expected to be an entry point in building a higher quality democracy in Indonesia. Initially, this year's election should be held on September 23. However, this plan must be constrained when the coronavirus disease 2019 (COVID-19) outbreak occurs and spread wildly all over the world including Indonesia, and was officially declared a pandemic by World Health Organization (WHO). When the number of positive cases and deaths continues to increase, the government decided to continue holding the regional election in the midst of the pandemic. Such policy created controversy and faced several challenges, especially regarding the government's inconsistency in fulfilling the rights of its people in the time of the pandemic. This article aims to explain and analyze the contradiction in the government policies from the antinomy of law and human rights perspective. This legal research is doctrinal research conducted using a conceptual, statutory, and case approach. The data will be described in a descriptive-prescriptive manner through qualitative analysis. The results of the analysis show that there are some contradictions between policies regarding physical distancing (both in the Large-Scale Social Restrictions (PSBB) and Health Protocol regulations) and the policy for holding Regional Head Elections during the pandemic. In essence, this contradiction is the antinomy between the aspects of public health and political rights. Antinomies occur when the government seeks to fulfill and guarantee political rights as well as public rights to health at the same time during a pandemic, which actually leads to mutual negation between these rights.
Peningkatan Kesadaran Hukum Penggunaan Hak Pilih Pemilih Pemula di MA DDI Padanglampe Farah Syah Rezah; Andi Tenri Sapada; Sri Amlinawaty A. Muin
Jurnal Pengabdian Masyarakat (ABDIRA) Vol 3, No 1 (2023): Abdira, Januari
Publisher : Universitas Pahlawan Tuanku Tambusai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31004/abdira.v3i1.250

Abstract

The activity of community dedication which is done at MA DDI Padanglampe was to increase the legal awareness the use of suffrage for novice voters by using need assestment method, legal counselling, accompaniment and evaluation for the students of MA DDI Padanglampe. The purpose of this activity is to make the students understand their important role in the election. Therefore, the activity of legal counselling and accompaniment were programmed for the students of MA DDI Padanglampe and the results were; they are capable to determine which categories are included as novice voters; ready to objectively evaluate the nominating figures; and realize the importance of using suffrage in election.
Dikotomi Pendekatan dalam Kajian Ilmu Hukum: Sebuah Tinjauan Kritis Nurul Qamar; Farah Syah Rezah
SIGn Jurnal Hukum Vol 4 No 2: Oktober 2022 - Maret 2023
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v4i2.162

Abstract

This study aims to examine and analyze the dichotomy between doctrinal and non-doctrinal approaches in the study of legal science. This research uses normative research methods. The collection of legal materials is done by using literature study techniques. The legal material obtained in this study was then analyzed qualitatively with a comparative approach to present conclusions and answer the research objectives. The results show that the dichotomy of approach in the study of legal science is a scientific dynamic in line with social changes in the community. The doctrinal approach is a normative legal study that always focuses on norms that are none other than the character of legal science itself. In contrast, the non-doctrinal approach is an empirical legal study that crosses other scientific disciplines and does not ignore legal norms as the character of legal science. In addition, the doctrinal approach determines substantially what is allowed and what is not (das sollen). At the same time, the non-doctrinal approach corrects legal behavior as nothing but a judiciary that creates justice, certainty, and utility in the empirical realm (das sein). Therefore, it is recommended for legal academics to have progressive legal thought construction. In addition, the government must ensure every legal academic’s competence when making academic manuscripts of Laws and Regulations Draft. In this case, the rule of law must achieve social justice for Indonesia’s people.
Independensi dan Akuntabilitas Mahkamah Konstitusi dalam Sistem Ketatanegaraan di Indonesia Farah Syah Rezah; Andi Tenri Sapada
SIGn Jurnal Hukum Vol 4 No 2: Oktober 2022 - Maret 2023
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v4i2.166

Abstract

This study aims to examine and analyze the independence and accountability of the Constitutional Court in the constitutional system in Indonesia. This study uses a normative juridical method with a statute approach. The collection of primary, secondary, and tertiary legal materials is carried out using literature study techniques. The collected legal material is analyzed using qualitative data analysis methods to describe the problem and answer study purposes. The results show that the Constitutional Court acts as the interpreter and guardian of the constitution. In addition, the Constitutional Court also acts as a guardian of human rights, citizens’ constitutional rights, and democracy. Furthermore, independence and accountability in a judicial process are like two sides of a coin. These cannot be separated because the two principles complement each other. Although the Constitutional Court has implemented duties and functions based on the principle of accountability. However, the independence of the Constitutional Court as the executor of Judicial Power has finally been lost. The Constitutional Court is now a judicial institution whose position is limited to sub-ordination from the other spheres of State Power which proposes Judges to fill in the Constitutional Court. Therefore, it is recommended that Constitutional Judges maintain their independence even though their positions result from proposals by other spheres of State Power. It is also recommended that the President and the House of Representatives uphold the mechanism of checks and balances between spheres of state power based on democratic principles. In this case, to realize the ideals of a law-based and democratic-based state for the sake of a more recognized national and state life.
Co-Authors Abd. Kahar Muzakkir Andi Tenri Sapada Nurul Qamar Rizki Ramadani Sri Amlinawaty A. Muin