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Tunggul Ansari Setia Negara
Universitas Brawijaya
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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.
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.
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.
IUS CONSTITUENDUM CONTROL OF PRESIDENT’S AUTHORITY IN ENACTING GOVERNMENT REGULATIONS IN LIEU OF LAWS TO MINIMIZE ABUSE OF POWER Adithya Tri Firmansyah R; 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.
Beyond the 'official' religions: A normative framework for religious recognition in Indonesia Iman Pasu Purba; Thohir Luth; Tunggul Anshari Setia Negara; Nur Chanifah
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
Constitutional Reconstruction of Legislative Authority Toward Strong Bicameralism in the Indonesian State System Sheehan Ghazwa Mahardhika; Tunggul Anshari Setia Negara; Ngesti Dwi Prasetyo
International Journal of Business, Law, and Education Vol. 7 No. 1 (2026): International Journal of Business, Law, and Education
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v7i1.1461

Abstract

This article examines the constitutional politics of Indonesia's post-amendment bicameral legislature, with particular attention to the asymmetric distribution of legislative authority between the People's Representative Council (Dewan Perwakilan Rakyat, DPR) and the Regional Representative Council (Dewan Perwakilan Daerah, DPD). Although the 1999-2002 constitutional amendments formally introduced the DPD as a territorial chamber, Articles 20 and 22D of the 1945 Constitution leave the DPR with decisive legislative authority while the DPD remains limited to initiating selected bills, participating in restricted deliberations, and issuing non-binding considerations. Using normative-juridical legal research supported by statutory, historical, conceptual, and comparative constitutional approaches, this article argues that Indonesia's bicameralism is not merely imperfect but structurally weak because regional representation is institutionally present yet legally unable to determine legislative outcomes. Drawing on Sartori's, Lijphart's, and Tsebelis and Money's bicameral theory, Pitkin's theory of substantive representation, Habermas's deliberative democracy, and constitutional theories of limited government, the article proposes the National Plenary Legislative Model as a constitutional reconstruction toward strong bicameralism. The model reconstitutes the People's Consultative Assembly (Majelis Permusyawaratan Rakyat, MPR) as a national deliberative plenary forum in which the DPR acts as the political chamber and the DPD as a territorial chamber with co-decisional authority in matters affecting regional autonomy, intergovernmental fiscal relations, natural resources, and regional formation. The proposed reconstruction preserves Indonesia's unitary state while strengthening intra-legislative checks and balances, substantive regional representation, and Pancasila-based deliberative constitutionalism.
Legal Vacuum in the Establishment of Positive Fictitious Administrative Decisions in Indonesia after the Job Creation Law Siti Anisa Fatmawati; Tunggul Anshari Setia Negara; Shinta Hadiyantina
International Journal of Business, Law, and Education Vol. 7 No. 1 (2026): International Journal of Business, Law, and Education
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v7i1.1494

Abstract

Article 175 of the Job Creation Law abolished the mechanism for submitting applications concerning positive fictitious administrative decisions to the State Administrative Court (PTUN) and delegated further regulation to a Presidential Regulation. However, the Presidential Regulation has not yet been issued, creating a normative vacuum regarding the procedures, form, evidentiary mechanisms, and validation of such decisions. This study examines the nature of this normative vacuum, its implications for legal certainty in public administration, and the design of an ideal regulatory framework. Using a normative legal research method with statutory, conceptual, and case approaches, legal materials were collected through library research and analyzed qualitatively. The findings show that the absence of the Presidential Regulation has led to legal uncertainty, inconsistent PTUN decisions, and inadequate protection of citizens’ administrative rights. Therefore, a clear regulatory framework is needed to govern the determination of positive fictitious administrative decisions, establish a formal legal instrument as evidence of such decisions, and strengthen judicial oversight to ensure legal certainty and effective legal protection.
CONSTITUTIONAL MODEL OF RELIGIOUS RECOGNITION: A COMPARISON OF INDONESIA, AMERICA, GERMANY, MALAYSIA, IRAN, AND SAUDI ARABIA Iman Pasu Marganda Hadiarto Purba; Thohir Luth; Tunggul Anshari Setia Negara; Nur Chanifah
KANUN:JURNAL ILMU HUKUM Vol. 28 No. 2: August 2026: Constitutional Law and Global Development
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kjih.v28i2.2328

Abstract

The recognition of religion by the state has prompted constitutional questions across diverse jurisdictions. This article analyzes the constitutional model of religious recognition in six countries, i.e. Indonesia, Germany, Malaysia, the United States, Iran, and Saudi Arabia. It adopts conceptual analysis and comparative constitutional law to conduct normative legal research. The primary materials consist of constitutions, laws, and regulations that govern state–religion relations. A functional comparative technique is employed to qualitatively examine the legal elements and their interconnections. The study’s findings show that models of religious recognition are shaped by the character of state–religion relations and by the legal systems each country adopts. No country presents an identical model of religious recognition, reflecting inherent structural differences in constitutional design. Constitutional forms of religious recognition are influenced by each country’s pattern of state–religion interaction, constitutional ideology, and legal tradition. There is no universal constitutional model of religious recognition that fits all contexts. Instead, each framework demonstrates how state ideology, legal culture, constitutional design, and the historical relationship between religion and the state converge to produce unique regimes.
Co-Authors Aan Eko Widiarto Abdul Majid Abdul Rachmad Budiono Achmad Safiudin R Adithya Tri Firmansyah 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 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. Fery Rochmad Ramadhan Fredy Alpin Gunawan Hadiyanti, Anisa Rahma Hairan, Hairan Hendarto Hadisuryo Henry, Tirza Tania Hermawan Dwi Putra Hifdillah, Achmad Aldy Hussein Ahmad Imam Koeswahyono Iman Pasu Marganda Hadiarto Purba Iman Pasu Purba 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 Muchamamd Ali Safa’at Muhammad Lukman Hakim Muhammad Lutfi Muhammad Lutfi Muzdalifah Lutfi Ngesti Dwi Prasetyo Ni Nyoman Intan Pratiwi Rahmawati Nur Chanifah Nur Chanifah Prayantama, Hamed Prija Djatmika Prija Djatmika, Prija Putra, Hermawan Dwi Putri Darmawan Charles Putri, Luh Putu Yeyen Karista R. Imam Rahmat Sjafi’i 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 Sheehan Ghazwa Mahardhika Shinta Hadiyantina Shinta Hadiyantina Sihombing, Uli Parulian Sinda Eria Ayuni Siti Anisa Fatmawati Sudarsono Sudarsono Sugiri, Bambang Supriyadi Supriyadi Susilo, Hariyanto Thohir Luth Thohir Luth Titik Soeryati Soekasi Uli Parulian Sihombing Usihen, Min Wahyu Iswantoro Widhiawati, Dyah Yulianti, Elina Dyah