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All Journal Jurnal Civics: Media Kajian Kewarganegaraan 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 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
Religion Aerospace Engineering Arts Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Health Professions Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Neuroscience Social Sciences Other

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LEGAL CERTAINTY OF INHERITANCE BPHTB COLLECTION BY BAPENDA MALANG CITY Sandi Permana Nugraha; Tunggul Anshari Setia Negara; Dyah Widhiawati
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 3 No. 1 (2023): January
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v3i1.1101

Abstract

In the provisions of Article 7 paragraph (2) letter e of the Malang City Regional RegulationNumber 15 of 2010 concerning BPHTB Malang City, there are no further regulations regarding the definition of market value, who is authorized to determine market value and how the mechanism for determining it. Thus causing the market value in Article 7 paragraph (2) letter e to be interpreted freely (multiple interpretations). The purpose of this study is to analyze and find out how legal certainty determines market value in the collection of BPHTB Inheritance by Bappenda in Malang City. The results of the study show that market value regulation in the Perda BPHTB Malang City does not guarantee legal certainty. This has an impact on the violation of the principles of BPHTB collection which includes the principles of justice, legal certainty, legality, and simplicity. In addition, legal uncertainty regarding market value regulation has led to acts that exceeded the authority in collecting BPHTB conducted by Bapenda Malang City.
LOCAL TAX AND RETRIBUTION REGULATIONS AFTER PDRD LAW’S TRANSITION TO HKPD LAW Afifulloh; Tunggul Anshari Setia Negara; Shinta Hadiyantina
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 3 No. 6 (2023): November
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v3i6.1122

Abstract

As a decentralized country, Indonesia grants each area governmental autonomy. For their development, local governments generally use the increase in Local Own-source Revenue (PAD), Fiscal Balance, and Other Lawful Local Revenue (LPDS). As stated in the laws, the rise in PAD comes from local taxes and retribution, local asset management, and other lawful local revenue. In early 2022, the Government issued Law Number 1 Year 2022 regarding Financial Relations between the Central and Regional Government to replace the decade-long Law Number 28 Year 2009 regarding Local Taxes and Retribution. This transition was considered after fiscal issues found in recent years and will affect local tax and retribution regulations’ schemes, rate percentages, and types as it was anticipated.
IUS CONSTITUENDUM CONTROL OF PRESIDENT’S AUTHORITY IN ENACTING GOVERNMENT REGULATIONS IN LIEU OF LAWS TO MINIMIZE ABUSE OF POWER Firmansyah R, Adithya Tri; Muchamad Ali Safa’at; Tunggul Anshari Setia Negara
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 4 No. 1 (2024)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v4i1.1327

Abstract

This research came from requestioning the existence of presidential’s subjective authority in enacting governmental ruling as replacement to a Law (hereinafter will be referred as Perppu), as according to Article 22 Clause (1) of Republic of Indonesia’s basic law of 1945 which havent ruled the strict limitation of presidential authority in determining matters of outmost emergency, this should be questioned because in reality indonesia still yet to fully shows an image befitting democratic country of law because the nonexistence of adequate control over the use of institutional power, and based on that, this research is necessary to be executed for it to offers a control of authority model for enacting a perppu by The President, result and topic of this research concluded that: First, when reading about history of Indonesian Constitution, there is nowhere to be found an adequate explanation about the existence of terms in Article 22 clause (1) Republic of Indoneisa’s basic law of 1945, but from developing doctrines, said terms are influenced by regulation about affairs of state during Dutch East-Indies era which providing clues about the exisrtence about matters of outmost emergency. Second, Presidential authority in determining matters of outmost emergency which take shape in form of perppu, is need to be controlled in the future by reconstruction the objectivity of Perppu in Parliament, inside a framework of meaningful participation and reconstruction of Constitutional Court’s authority on judicial control against the enactment of Perppu to minimize Abuse of Power.
THE ENFORCEMENT OF FINAL ADMINISTRATIVE COURT JUDGMENTS: A COMPARATIVE STUDY BETWEEN INDONESIA AND JAPAN David Boy Sumurung Silaban; Tunggul Anshari Setia Negara; Ngesti Dwi Prasetyo
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 5 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i5.3867

Abstract

The principle of fair law enforcement is a manifestation of the state adhering to the conception of the rule of law (rechtsstaat) as the ideal of the nation. This makes the Indonesian judiciary have an important role and the principles of simplicity, quick and low cost as mandated by the 1945 Constitution and Act no 48 of 2009 concerning Judicial Power. Enforcement of material law cannot be separated from enforcement of formal law, because both run with the aim of realizing a sense of justice for the community. Likewise, the enforcement of judicial decisions: which is a law that must be implemented by the Parties in dispute in it; must be realized for the sake of justice for the entitled Parties. Statistical data reveals that administrative court decisions are often not implemented by administrative agencies/officials. A comparison of the decision execution system between Indonesia and Japan provides an interesting insight into how the two countries, which have different historical backgrounds and judicial systems, enforce the law and execute decisions. This journal focuses on how the policies of the Administrative Court in Indonesia and the Japanese judiciary in executing Inkracht judgments. This analytical comparative study is expected to be a vehicle for scientific and practical exploration related to the fulfillment of rights and obligations for Parties in court disputes. The method used in this research is normative research method with conceptual approach and statutory approach. Some data and statistics from reliable sources are presented as facts that will be analyzed in this journal article..
EVALUATING THE ROLE OF RELATIVE COMPETENCE IN LIMITING JUSTICE ACCESSIBILITY BEFORE ADMINISTRATIVE COURTS. Fery Rochmad Ramadhan; Tunggul Anshari Setia Negara; Shinta Hadiyantina
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 6 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i6.4671

Abstract

The Administrative Court Procedure Law, as set out in Law Number 5 of 1986 and amended by Law Number 51 of 2009, aims to balance the inherently “unequal positions of claimants and government defendants”. Yet Indonesia’s extensive geography and shifting authority following the Job Creation Law have effectively centralized challenges to central government administrative decisions in Jakarta. Although the Administrative Court adheres to the actor sequitur forum rei principle, Article 54(4) provides for exceptions through a open legal policy by making “Peraturan Pemerintah” that has never been issued. This regulatory vacuum undermines access to justice, as claimants face strict filing deadlines, mandatory administrative effort, and significant geographical barriers. The absence of the mandated regulation reveals a broader disharmony in the legal framework and suggests governmental reluctance to establish venue rules that would facilitate citizen access to judicial review. Critical analysis with other jurisdictions demonstrates that relative competence rules can be structured to account for the nature of governmental acts, the extent of public harm, and the imperative of ensuring meaningful access to justice.
Principles of Affirmative Action In Providing Legal Aid For The Poor Bagus Rio Biantoro; Tunggul Anshari; Dhia Al Uyun
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 22 No. 1 (2026): June in progress
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v22i1.365

Abstract

The provision of legal aid for the poor is part of fulfilling the constitutional right to access to justice as guaranteed by the Indonesian legal system. This study aims to analyze the provision of legal aid in Batu City through collaborative practices between the local government and Legal Aid Institutions/Legal Aid Organizations (LBH/OBH) domiciled outside the region, and to examine the application of the affirmative action principle in ensuring access to justice for the poor. This study uses a socio-legal method, which examines law not only as a norm, but also as a social practice occurring in society. The results show that collaboration with LBH/OBH from outside the region is a pragmatic solution to the lack of accredited legal aid institutions in Batu City, thus ensuring legal aid services remain accessible to the public. However, this practice raises legal issues due to disharmony between Regional Regulations and Mayoral Regulations that regulate domicile requirements for legal aid providers. In this context, the application of the affirmative action principle becomes relevant as an approach to addressing structural limitations and ensuring the fulfillment of substantive justice. This policy reflects a bias towards poor communities by providing broader access to legal services, despite administrative barriers. Therefore, it is necessary to harmonize regulations, strengthen institutions, and develop local LBH/OBH to create a more effective, inclusive, and sustainable legal aid system.
Beyond the 'official' religions: A normative framework for religious recognition in Indonesia Purba, Iman Pasu; Luth, Thohir; Negara, Tunggul Anshari Setia; Chanifah, Nur
Jurnal Civics: Media Kajian Kewarganegaraan Vol. 23 No. 1 (2026)
Publisher : Universitas Negeri Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21831/jc.v23i1.95572

Abstract

The regulation of religious recognition in Indonesia remains problematic to this day. Research on the regulation of religious recognition has not been conducted to date. As a country with diverse religions, Indonesia faces unique challenges in managing religious life for substantive citizenship. The terminology of "recognised" and "unrecognised" religions, as well as "official" and "unofficial" religions, is one of the factors that hinder the fulfilment of the right to religious freedom for Indonesian citizens. The regulation of religious recognition in Indonesia must address significant legal issues to achieve justice and legal certainty. Inclusive reforms, policy harmonisation, and stronger enforcement mechanisms are essential to ensure that all religious groups are treated equally under the law. These efforts must align with both constitutional principles and international human rights standards to uphold justice and legal certainty in the recognition of religion. Religious recognition must be in line with the spirit of the Indonesian nation, which upholds respect for human dignity, guarantees freedom of religion and belief, and upholds equality, non-discrimination, justice, and legal certainty. This paper is the result of normative research on the regulation of religious life in Indonesia, particularly regarding the recognition of religions in the country. The study concludes that, to date, there is no comprehensive regulation regarding the recognition of religions in Indonesia. Therefore, in the future, the formulation of such regulations is an urgent necessity. The regulation of religious recognition must prioritise the principles of equality, justice, and legal certainty. Indonesia needs fair religious recognition and legal certainty based on Pancasila
Application of Academic Papers in Formulation Legal Products at the Regional Antari, Putu Eva Ditayani; Fadli, Moh.; Negara, Tunggul Anshari Setia; Susmayanti, Riana
Journal of Law, Society, and Islamic Civilization Vol 11, No 2: Oktober 2023
Publisher : Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jolsic.v11i2.78309

Abstract

The formation of legal products in the regions cannot be separated from the preparation of academic texts as the basis for their formation. However, the existence of alternative explanations/information as a substitute for academic texts has caused legal products at the regional level not to fully use academic texts. Based on this, it is necessary to elaborate on the urgency of academic papers in the formation of legal products at the regional level. In addition, further explanation regarding the mechanism for implementing academic papers in the formation of legal products at the regional level is the main research objective. The research method used in research is normative legal research or doctrinal legal research which bases arguments on theories, principles, concepts, and laws and regulations. The selection of the normative method is based on the existence of legal issues regarding the blurring of norms regarding the regulation of academic texts in the formation of legal products at the regional level. An explanation of this can only be obtained by conducting a doctrinal study. The results of the research lead to the conclusion that academic papers are needed as guidelines in drafting legal products at the regional level. Implementation of academic drafting should be carried out in the pre-legislative stage by identifying problems in society and elaborating them theoretically so that solutions can be formulated as outlined in the draft legal products at the regional level. The preparation of academic manuscripts also requires collecting data through interviews, observations, and literature studies to find solutions to problems in society. These results then go through a dissemination process in the form of FGDs with community representatives and parties related to the regional regulations that will be formed.
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 Anisa Pasha Rahmawati Antari, Putu Eva Ditayani Arif Zainudin Ariska Cesar Divian Candra KUSUMA Bagus Rio Biantoro Benny Riyanto David Boy Sumurung Silaban Dhia Al Uyun 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. Fery Rochmad Ramadhan 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 Luth, Thohir 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 Nur Chanifah Prayantama, Hamed Prija Djatmika Prija Djatmika, Prija Purba, Iman Pasu Putra, Hermawan Dwi Putri Darmawan Charles Putri, Luh Putu Yeyen Karista R. Imam Rahmat Sjafi’i Rachmat, Sigit Nur Radian Salman Ramdhani, Syafiq Reni Margiyanti 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 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