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All Journal Masalah-Masalah Hukum Jurnal Legalitas Lentera Hukum Brawijaya Law Journal : Journal of Legal Studies Nurani: Jurnal Kajian Syariah dan Masyarakat Rechtsidee Jurnal Cakrawala Hukum MAHKAMAH: Jurnal Kajian Hukum Islam Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Jurnal Akuntansi dan Pajak Jurnal Akta International Journal of Law Reconstruction Jurnal Ilmiah Hukum LEGALITY Jambura Law Review JURNAL HUKUM dan KENOTARIATAN Media Iuris ADIL : Jurnal Hukum Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences International Journal of Environmental, Sustainability, and Social Science International Journal of Business, Law, and Education Journal of Science and Education (JSE) YURISDIKSI : Jurnal Wacana Hukum dan Sains Journal of Law, Society, and Islamic Civilization International Journal of Educational Review, Law And Social Sciences (IJERLAS) Audito Comparative Law Journal (ACLJ) Administrative and Environmental Law Review Constitutionale East Asian Journal of Multidisciplinary Research (EAJMR) International Journal of Humanities Education and Social Sciences International Journal of Islamic Education, Research and Multiculturalism (IJIERM) Yuridika Klausula: Jurnal Hukum Tata Negara, Hukum Adminitrasi, Pidana dan Perdata RechtIdee International Journal of Sustainability in Research (IJSR) Pandecta : Jurnal Penelitian Ilmu Hukum (Research Law Journal)

Tunggul Ansari Setia Negara

Universitas Brawijaya

Author-ID : 3225884

Religion Aerospace Engineering Arts Humanities Automotive Engineering Chemical Engineering, Chemistry & Bioengineering Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Engineering Environmental Science Health Professions Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Mathematics Neuroscience Physics Social Sciences Other

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Urgensi kewenangan pengawasan OJK terhadap kegiatan penghimpunan dana oleh lembaga non keuangan Salsha Zuhriyah; Tunggul Anshari Setia Negara; Endang Sri Kawuryan
Jurnal Cakrawala Hukum Vol 12, No 3 (2021): December 2021
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v12i3.4965

This paper aims to analyze the urgency of the supervisory authority of the Financial Services Authority (OJK) on fundraising activities by non-financial institutions. For the purpose of discussion, this type of normative legal research uses a statutory approach, an analytical approach, and a case approach. Primary and secondary legal materials were analyzed using grammatical and systematic analysis techniques. Based on the results of the discussion, it was concluded that the Financial Services Authority's supervisory authority over the activities of collecting funds by non-financial institutions was that the Financial Services Authority had no authority. Based on the provisions of Articles 4, 5, 6, and Article 34 of the BI Law and their explanations regarding the regulation of OJK's supervisory functions, objectives, and authorities, it can be concluded that OJK's supervisory authority is limited to only covering financial service sector institutions, both banks, and non-banks. Meanwhile, First Travel is categorized as a non-financial institution in the form of a travel agency for Hajj and Umrah, although First Travel carries out fundraising activities. It is also strengthened that First Travel is not an official entity under the authority of the OJK in terms of licensing, regulation and supervision. First Travel status has received permission from the Ministry of Religion of the Republic of Indonesia but raises funds that are not in accordance with the license held. So, in the case of First Travel, it should have been sufficiently handled by the Ministry of Religion of the Republic of Indonesia, because that ministry was the one that issued permits and carried out supervision.How to cite item: Zuhriyah, S., Negara, T., Kawuryan, E. (2021). Urgensi kewenangan pengawasan OJK terhadap kegiatan penghimpunan dana oleh lembaga non keuangan. Jurnal Cakrawala Hukum, 12(3), 344-354. doi:https://doi.org/10.26905/idjch.v12i3.4965.

POLITIK HUKUM PENGATURAN PENYELESAIAN PERSELISIHAN HASIL PEMILIHAN KEPALA DESA Hussein Ahmad; Tunggul Anshari; Setyo Widagdo
Mahkamah : Jurnal Kajian Hukum Islam Vol 3, No 1 (2018)
Publisher : IAIN Syekh Nurjati Cirebon

ABSTRAK Pada jurnal ini, penulis mengangkat permasalahan mengenai politik hukum pengaturan penyelesaian perselisihan hasil pemilihan Kepala Desa. Konstitusi telah menyatakan Indonesia sebagai negara Hukum. Konsekuensi logis dari negara hukum adalah adanya separation of power. Teori pemisahan kekuasaan ini dikenal dengan trias politika. Kemudian konstitusi juga mengatur bahwa negara mengakui keberadaan masyarakat hukum adat (termasuk desa) beserta hak-hak tradisionalnya, termasuk hak asal usul. Pengakuan ini disebut dengan Asas Rekognisi. UU Desa manyatakan penyelesaian perselisihan hasil pemilihan Kepala Desa diselesaikan oleh Bupati dan Walikota. Menjadi pertanyaan apakah penyelesaian perselisihan hasil pemilihan Kepala Desa telah sesuai konstitusi khususnya hak asal usul dan teori trias politika ?. Penelitian ini adalah penelitian yuridis normatif dengan pendekatan perundang-undangan, sejarah dan konsep. Hasil dari penelitian ini menyatakan bahwa politik hukum pengaturan penyelesaian perselisihan hasil pemilihan Kepala Desa tidak sesuai dengan konstitusi dan teori trias politika.Kata Kunci: Politik Hukum, Pemilihan Kepala Desa, Trias Politika, Hak Asal Usul. ABSTRAK In this journal, researcher raised issue about the legal politics of the dispute resolutions over the Village Heads election results. The State of Indonesia is a state based on the rule of law. The consequence of the rule of law is the existence of a “separation of power”. Theory of separation of powers is also known as trias politica. The constitution also regulate that the state recognizes the existence of the homogeneity of societies with customary law (including village) along with their traditional rights, including the “asal-usul right”. This recognition is called Recognition Principle. The Village Law (UU Desa) declared that dispute resolutions over the Village Heads election results to be solved by the Bupati and the Mayor. It is a question of whether the dispute resolution over the election result has been in accordance with the constitution, especially the “asal-usul right” and the theory of trias politica. This research is normative juridical research with statute aproach, historical aproach and conceptual aproach. The result of this research indicates that the legal politics of the dispute resolutions over the Village Heads election results is not in accordance with constitution and trias politica theory. Key words: Legal Politics, Village Heads Election, Trias Politica, Asal-Usul Rights.

URGENSITAS MAHKAMAH KONSTITUSI MENGELUARKAN FATWA HUKUM DALAM PEMBENTUKAN UNDANG-UNDANG Achmad Safiudin R; Jazim Hamidi; Tunggul Anshari
Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Vol 3, No 2 (2018): Desember 2018
Publisher : Universitas Negeri Malang

Writing this scientific article discusses the urgency of the Mahkamaha Constitution to issue a legal fatwa in the formulation of laws. Based on the idea that the making of laws which constitute the rules of implementing the constitution, constitutional questions are not impossible to emerge at the time of the formation of laws by state legislatures, because the norms of constitutional material are abstract in nature. Therefore an alternative effort is needed, namely the submission of questions to the Constitutional Court regarding the norms of the articles of the Constitution, which relate to the laws to be made / form. Through these questions, a fatwa or legal consideration was issued from the Constitutional Court, so that the DPR and the President did not appear different interpretations in fulfilling the original intent of the constitution and meeting the constitutional rights of citizens. The writing of scientific articles uses empirical juridical research methods. The results of this scientific article are the legal fatwa of the Constitutional Court as the theoretical implications of the authority to examine the constitutionality of laws against the 1945 Constitution of the Republic of Indonesia can be based on a commitment to prevent acts of state administration which are not in accordance with the constitution as the highest state law. In addition, constitutional testing of the draft law through interpretation of the constitution constitutes control between state institutions (cheks and balances) to realize the ideals of a democratic legal state that prioritizes constitutional supremacy.

Regional Head’s Authority In Determining Mutation Of Government Employees Fahmi Kamuli; Tunggul Anshari; Istislam Istislam
Jambura Law Review VOLUME 3 NO. 1 JANUARY 2021
Publisher : Universitas Negeri Gorontalo

This research is aimed to analyzing and understanding the actions of the Head of Boalemo Regency in mutate the Civil Servant based on the mutation policy and also to analyze the filling positions in the implementation of the mutation of Civil Servants in Boalemo Regency. The method used in this research is Empirical Juridical Method. The results of the research were found that mutations of Civil Servant are enhancement over the years in Boalemo Regency. Injustice in determining mutations is marked by work placements that are not compatible with Civil Servants’ educational background. There is a political interest in the Government of Boalemo Regency which caused injustice in the mutation of the Civil Servants.

Implementation of Complete Systematic Land Registration Program in the City or District Of Ex-Residency Besuki (Study on the Implementation of Complete Systematic Land Registration Program in 2017 until 2019) Faqih Sunni S.; Tunggul Anshari SN.; Supriyadi Supriyadi
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 4, No 2 (2021): Budapest International Research and Critics Institute May
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v4i2.1904

Land has a very important role important in human life, because land is always closely related to the scope of everyday society, whether it is used for housing, farming, or conducting business activities. The existence of land has a dual function, namely as a capital asset and social asset. Therefore, to provide comfort and security to the owners and rulers of a field of land, legal land registration is very important to be carried out by the community. Thus, to make it easier for the community to obtain legal certainty, the ATR / BPN (Agrarian and Spatial Planning / National Land Agency) Institution established a program called Complete Systematic Land Registration (PTSL) which is carried out simultaneously throughout Indonesia. This study will discuss how the implementation of the Complete Systematic Land Registration Program (PTSL) in 4 (four) Ex-Residency Besuki Districts. By using an empirical juridical approach to study the applicable legal provisions and what happens in the reality of society, then it is analyzed using SWOT analysis and the effectiveness theory approach according to Soerjono Soekanto, who argues that the effectiveness of a law is determined by 5 factors, namely, law enforcers (those who apply the law) means and facilities that support law enforcement, society, and community culture. Data collection techniques used interviews and documentation. The results showed that the implementation of PTSL in 4 (four) Districts of the Former Residency of Besuki was effective in terms of law factors and facilities and infrastructure that support law enforcement. The implementation of PTSL in 4 (four) Ex-Besuki Districts was less effective in terms of Law Enforcement Factors, Community Factors, and Cultural Factors.

Analysis of Legal Actions for Civil Claims of First Travel Fraud Victims Post Jurisdiction of the Supreme Court Number 3096k/Pid.Sus/2018 in Demanding Damages Ni Nyoman Intan Pratiwi Rahmawati; Tunggul Anshari Setia Negara; Hendarto Hadisuryo
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 5, No 2 (2022): Budapest International Research and Critics Institute May
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v5i2.5054

This article is entitled " Analysis of Legal Efforts in Civil Lawsuits for Victims of First Travel Fraud After the Supreme Court's Decision Number 3096K/ Pid.Sus /2018 in Demanding Compensation " with 2 (two) main issues, namely: (1) Is the act against the law, correct? to be used as the basis for a lawsuit by the plaintiffs in case Number 52/ Pdt.G /2019/ Pn. Dpk? (2) What was the judge's consideration in the decision Number 52/ Pdt.G /2019/ Pn. Dpk so that he stated that he rejected all civil claims submitted by the victims of the First Travel congregation. This research is a type of legal research with normative juridical research methods. In addition, this study uses an analytical research approach and a case approach. The results of this article research indicate that substance existence from Regional Regulation Number 2 of 2019 concerning Permits to Open State Land this violate draft authority for area. one of them is as mean in Regional Regulation Number 2 of 2019 concerning Permits to Open State Land where There are 3 authorized parties in publishing Permission that is Camat, Secretary district and mayor is violate provision in regulation technical namely Decree of the Head of BPN No. 2 of 2003 concerning Norms and Standards Mechanism Management Authority Government in the Field Land Implemented by the Government District /City that gift permission open land is authority Regent / Mayor. As a Permission, then government to do function control to activities carried out by the community to suit with provision Regulation Applicable legislation, one of which is is Opening Land. Conclusion from writer that The Central Government is the authorities _ in Give Permission Opening the Land of the State. This thing can see in substance of TAP MPR No. IX of 2001 which was later issue presidential decree Number 34 of 2003 concerning National Policy in the Field of Land Affairs, and Decree of the Head of BPN No. 2 of 2003 concerning Norms and Standards Mechanism Management Authority Government in the Field Land Implemented by the Government District / City. So, there is conflict of norm a Between the Presidential Decree and the Decree of the Head of BPN with Samarinda City Regional Regulation Number 2 of 2019 concerning Permits to Open State Land. Consequences is authority in IMTN should be returned to the Ministry of Home Affairs, however because there is a Ministry of ATR/BPN then in skeleton complete conflict of norm must be understood returned to the Minister of ATR/BPN because the Minister of ATR BPN has authority related with State land that is not lands rights , and not on forest areas based on Government Regulation of the Republic of Indonesia Number 18 of 2021 concerning Management Rights, Land Rights, Flat Units, and Land Registration .

The Urgency Of The Formation Of Village Regulations Concerning Customary Institutions In Creating Legal Protection For The Adat Community Of Ngadisari Village Sukapura Sub-District Probolinggo District Indah Dwi Qurbani; Muhammad Lukman Hakim; Tunggul Anshari S.N
Constitutionale Vol. 1 No. 2 (2020)
Publisher : Fakultas Hukum Universitas Lampung

The existence of customary institutions in the village is important because it has a duty to assist the Village Government and as partners in empowering, preserving and developing customs. The Village Customary Institution can occupy its rank with official recognition from the Government through a Village Regulation. Ngadisari Village was chosen as the object of this research because it has its own uniqueness, this village has indigenous people who are still strong in maintaining the traditions of their ancestors' heritage. Meanwhile, Ngadisari village also has a customary institution that carries out customary functions and is part of the original village structure that grows and develops on the initiative of the village community. The research method used is a type of empirical research and using sociological approach. The order of village regulations regarding customary institutions in order to make Adat Institutions as an alternative to dispute resolution, maintain local culture and play a role in village development. In addition, this formalization effort is also needed to maintain the existence of customary villages, provide legal protection and help cooperation between traditional village institutions of Ngadisari and other village customary institutions. This is in accordance with the duties of the customary institutions in Permendagri Number 18 of 2018 concerning Village Community Institutions and Village Traditional Institutions.

Confidentiality of the notary deed in the freedom of the academic pulpit Reni Margiyanti; Tunggul Anshari Setia Negara; R. Imam Rahmat Sjafiâ€™i
Jurnal Cakrawala Hukum Vol 13, No 2 (2022): August 2022
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v13i2.5735

Many academic community members abuse the academic pulpit's freedom for inappropriate purposes. The purpose of this paper is to analyze the conflict or conflict of norms in the Article related to the obligation of a Notary to keep everything regarding the Deed he made and the explanation of the Article associated with the freedom of the academic pulpit (Article 8 Paragraph (1), Law of the Republic of Indonesia Number 12 the Year 2012), in the Republic of Indonesia. On the one hand, a notary must keep everything about the deed he made secret; on the other hand, a notary who is a teaching staff or lecturer must carry out his duties as an academic civitas. This writing uses a normative juridical method with a statute and conceptual approach. The results obtained are that the position of a notary is higher than the position of a notary as a lecturer; therefore, the notary's limitations regarding the academic pulpit are to the position of a notary as a public official, whereas a public official a notary is obliged to keep everything related to the deed he made, which means that he has been ordered to a notary. Not to give, show or notify the actâ€™s contents except those with a direct interest. Therefore, regulators should study further if there is a conflict of norms in the Articles related to the Notary's obligation to keep everything confidential regarding the Deed he made.How to cite item:Â Margiyanti, R., Negara, T., Sjafiâ€™i, R. (2022). Confidentiality of the notary deed in the freedom of the academic pulpit.Â Jurnal Cakrawala Hukum, 13(2), 182-193. DOI:https://doi.org/10.26905/idjch.v13i2.5735.

Legal Framework for Regulation of Income Tax on Cryptocurrency Transactions Based on the Principle of Justice: Comparative Legal Study with Canada Ariska Cesar Divian Candra KUSUMA; Tunggul Anshari Setia NEGARA; Riana SUSMAYANTI
International Journal of Environmental, Sustainability, and Social Science Vol. 3 No. 3 (2022): International Journal of Environmental, Sustainability, and Social Science (Nov
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/ijesss.v3i3.241

The Regulation of the Minister of Finance of the Republic of Indonesia Number 68/PMK.03/2022 as the legal basis for cryptocurrency income tax does not reflect the principle of fairness because the consideration is based on the principle of ease of administration. This paper aims to provide an alternative income tax legal framework on cryptocurrency based on the principle of justice. It is expected to be a step to increase state revenue through the sector of cryptocurrency tax. This paper employs a conceptual and comparative approach to normative research. Furthermore, the researcher compares income tax regulations and policies on cryptocurrency in Indonesia and Canada with the theory of justice to obtain answers to legal problems. The Regulation of the Minister of Finance of the Republic of Indonesia Number 68/PMK.03/2022 does not reflect the principle of justice because the final tax rate does not reflect the tax burden. In addition, there are limitations on the tax collector's authority, so tax collection is not comprehensive. Therefore, this paper compares and analyses income tax regulations and policies in Indonesia and Canada to obtain several alternative forms of fair tax legal framework on cryptocurrency. Alternative cryptocurrency income tax regulation that can be accommodated by the government is to change to a progressive rate to fulfill tax fairness, change the collection system to a self-assessment and do not differentiate the source of income and also cooperate with various exchanges to exchange transaction data to prevent criminal acts.

Normative Legal Research in Indonesia: Its Originis and Approaches Tunggul Ansari Setia Negara
Audito Comparative Law Journal (ACLJ) Vol. 4 No. 1 (2023): January 2023
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/aclj.v4i1.24855

The legal research method is one of the academic fields that continues to generate debate among law students and law colleges in Indonesia. This debate is important because the research method is a means for a legal scholar to obtain the truth. This article maps the debate on normative and socio-legal research, emphasizing the former type of research. This article explores the origins and debates of normative legal research methods in Indonesian legal education and some of the mainstream approaches commonly used in normative legal studies. This condition does not aim to develop a claim on the validity of normative legal research methods as the only research method but rather to position normative legal research proportionally in the legal scholarship in Indonesia.

Co-Authors Aan Eko Widiarto Abdul Majid Abdul Rachmad Budiono Achmad Safiudin R Adji Kuntadewi Adytia, Nur Amalina Putri Afifulloh Afifulloh, Afifulloh Agustina, Enno Sellya Alkanu, David Pandu Amanda Puteri Rachmatullah Anastasia Rosita Retno Mayangsari Andriana, Desmilia Eka Anggar Puspita Ningrum Anisa Pasha Rahmawati Antari, Putu Eva Ditayani Arif Zainudin Ariska Cesar Divian Candra KUSUMA Benny Riyanto David Boy Sumurung Silaban Diah Aju Wisnuwardhani Dyah Widhiawati Dyah Widhiawati Dyanata, Nandu Eko Widiarto Eko Widiarto, Eko Endang Sri Kawuryan Ervin Munandar Fadli, Moh. Fahmi Kamuli Fahmi, Herzie Riza Faqih Sunni S. Firmansyah R, Adithya Tri Fredy Alpin Gunawan Hadiyanti, Anisa Rahma Hairan, Hairan Hendarto Hadisuryo Henry, Tirza Tania Hermawan Dwi Putra Hifdillah, Achmad Aldy Hussein Ahmad Imam Koeswahyono Indah Dwi Qurbani Istislam Istislam, Istislam Istislam, - Iwan Permadi Jauharoh, Arini Jazim Hamidi kawuryan, endang sri Kawuryan, Endang Sri Laksono Trisnantoro Lovita Gamelia Kimbal Mohammad Fadli Mohammad Hamidi Masykur Muchamad Ali Safaat Muchamad Ali Safa’at Muchamamd Ali Safa’at Muhammad Lukman Hakim Muhammad Lutfi Muhammad Lutfi Muzdalifah Lutfi Ngesti Dwi Prasetyo Ni Nyoman Intan Pratiwi Rahmawati Prayantama, Hamed Prija Djatmika Prija Djatmika, Prija Putra, Hermawan Dwi Putri Darmawan Charles Putri, Luh Putu Yeyen Karista R. Imam Rahmat Sjafiâ€™i Rachmat, Sigit Nur Radian Salman Ramdhani, Syafiq Reni Margiyanti Riana Susmayanti Riana SUSMAYANTI Riana Susmayanti Safa'at, Muchamamd Ali Safa’at, Muchamad Ali Safa’at, Rachmad Salsabila, Amira Choirunnisa Salsha Zuhriyah Sandi Permana Nugraha Sandi Permana Nugraha Sayoko, Wahyu Rekso Setyo Widagdo Shinta Hadiyantina Sihombing, Uli Parulian Sinda Eria Ayuni Sudarsono Sudarsono Sugiri, Bambang Supriyadi Supriyadi Susilo, Hariyanto Titik Soeryati Soekasi Uli Parulian Sihombing Usihen, Min Wahyu Iswantoro Widhiawati, Dyah Yulianti, Elina Dyah

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