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Tunggul Ansari Setia Negara
Universitas Brawijaya
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The Challenges and Opportunities of the Constitutional Court Decision Implementation on Recognition of the Indigenous Religions in Indonesia Sihombing, Uli Parulian; Safa'at, Muchamamd Ali; Anshari, Tunggul; Widiarto, Eko; Salman, Radian
Yuridika Vol. 36 No. 2 (2021): Volume 36 No 2 May 2021
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (337.3 KB) | DOI: 10.20473/ydk.v36i2.24927

Abstract

The Constitutional Court of Indonesia has held the followers of the indigenous religion (the Penghayat) can have their own religious identity on their identity card (ID) in 2016. The 1945 Constitution of Indonesia mentions a non-discriminatory principle which has been applied by the Constitutional Court to this case. However, the implementation of the Constitutional Court decision will face challenges and opportunities on the field. The author has used of both normative and empirical methodology by providing related legal information and the result of the interview with the local leader of the indigenous religion as sources of analysing the issues. As the result of the research shows the following challenges for the implementation of the Constitutional Court decision ; a. unification of the laws, b. lack of affirmative action for the followers of the indigenous religions, c. Lack of the updated and integrated administrative data base of the citizens with the Constitutional Court decision, d. religiously and ethnically based politics effecting the decision of public officials to accommodate public services for the followers of the indigenous religions while the following opportunities of the implementation of the Constitution Court decision are the constitutional recognition and protection of the indigenous community, the existence of the National Ombudsman Commission, the rule law principle in the 1945 Constitution, final and legally binding status of the Constitutional Court decision.
Triadism Perspective on Payment of Debt Taxes in Complete Systematic Hold Registration Program: What and How? Adytia, Nur Amalina Putri; Anshari SN, Tunggul; Jauharoh, Arini
Rechtsidee Vol. 10 No. 2 (2022): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v11i0.789

Abstract

The Complete Systematic Land Registration Program (PTSL) actually has an orientation to provide guarantees of legal certainty. However, the formulation of rules in Ministerial Regulation No. 6/2018 regarding PTSL provides space for not fulfilling three values that must be met by law. This study aims to analyze PTSL Regulations in the perspective of Gustav Radbruch's triadism. This research is a juridical-normative research by prioritizing conceptual and statutory approaches. The results of the study confirmed that from the aspects of fairness, benefit, and legal certainty, the regulation of the payment of taxes payable for the transfer of rights to certified land from the PTSL program as stated in the PTSL Ministerial Regulation has the potential to prevent the three basic legal values from being realized. The non-realization of the three basic legal values above in the formulation of arrangements for payment of taxes payable for the transfer of land rights certified from the PTSL program has the potential to cause injustice in society while minimizing the beneficial aspects of the PTSL program as well as creating legal uncertainty in society regarding the implementation of the PTSL program which has the potential to harm human rights. community as PTSL participants. Revisions to the PTSL Ministerial Regulation, specifically Article 33 paragraph (1) of the PTSL Ministerial Regulation in conjunction with Article 40 paragraph (1) of the PTSL Ministerial Regulation actually aim to fulfill the three basic legal values put forward by Gustav Radbruch, for ensuring justice, expediency, and legal certainty.
Model of Supervision of Unregistered Community Organisations in Order to Realise Legal Certainty in Indonesia Dyanata, Nandu; Budiono, Abdul Rachmad; Anshari, Tunggul; Djatmika, Prija
Pandecta Research Law Journal Vol. 19 No. 1 (2024): June, 2024
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.vol19i1.4179

Abstract

As social creatures, humans have a tendency to live in society and organise their lives, which is guaranteed by the constitution, which provides guarantees for association and organisation. This freedom has implications where currently there are many community organisations that exist with various objectives, the existence of community organisations themselves in the country has been far more advanced in its work to empower the community. The problem is that CSOs currently have two forms, namely registered and unregistered, so there are problems in supervision. The variety of mass organisations gave birth to various groups, one of which was based on religious ideology, such as Hizbut Tahrir Indonesia (HTI) which was dissolved on 19 July 2017. The Law on Mass Organisations affirms the principles that must be used in the establishment of mass organisations, one of the prohibitions is that mass organisations must not conflict with Pancasila and the 1945 Constitution. However, there is no definite formulation regarding the indicators of being contrary to Pancasila or Anti- Pancasila. Various restrictions are displayed in the form of prohibitions that show the existence of the existence of a mass organisation law. However, the application of the law should have a balance of inherent matters, namely between rights and obligations.
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): January
Publisher : 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.
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.
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. 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 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 Sjafi’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