Articles
Immature Politicians and Oligarchy As a Threat to Democracy
Muhammad Zulfan Hakim;
Fajlurrahman Jurdi
Fiat Justisia: Jurnal Ilmu Hukum Vol 11 No 4 (2017)
Publisher : Universitas Lampung
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DOI: 10.25041/fiatjustisia.v11no4.979
The rise of oligarchy in political democracy in Indonesia has more potential to exterminate democracy in Indonesia itself. Democracy might be used as just a tool by the oligarchy. Oligarchy is the cause that some immature politicians with a very short experience are now holding vital positions such as regents, a party leader, or local parliament member. Some of them might have no integrity, and there is a big possibility that they only just a freeloader from their parents or family experience in politics. Keywords: Political party, Oligarchy, Immature Politicians
Format Kekuasaan Presiden dalam UUD NRI 1945 (Relasi Horizontal dan Vertikal kekuasaan Presiden dalam Sistem presidensial)
Fajlurrahman Jurdi
Amanna Gappa VOLUME 25 NOMOR 2, 2017
Publisher : Fakultas Hukum Universitas Hasanuddin
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DOI: 10.20956/ag.v25i2.2510
Undang-Undang Dasar NRI 1945 menempatkan kekuasaan presiden sebagai kepala negara dan kepala pemerintahan. Hal ini adalah sebagai bagian dari resiko otomatis yang ditimbulkan oleh sistem pemerintahan presidensial, dimana presiden memegang fungsi ganda. Hal ini mengandung masalah, karena dalam konteks Indonesia, efektivitas sistem presidensial tidak saja dipengaruhi oleh kekuatan politik di parlemen, tetapi juga munculnya lembaga-lembaga negara bantu yang disebut auxiliary state organ. Oleh karena auxiliary state organ sangat banyak dan dibentuk berdasarkan instrumen hukum yang beragam, maka kinerja presiden dalam sistem presidensial mengalami anomali. Disatu sisi ada keinginan untuk mempercepat pelayanan publik dan menyelesaikan masalah-masalah dengan cepat, namun justru disandera oleh persoalan efisiensi dan sebagian nya adalag efektivitas kinerja presidensial. Oleh sebab itu, format lembaga negara mesti ditinjau kembali, terutama keberadaan Komisi Yudisial di dalam UUD NRI 1945, serta memurnikan sistem presidensial indonesia.
Progressivity of Legal Protection in Realizing Social Justice for Domestic Workers
Fajlurrahman Jurdi;
Nurul Mitmainnah;
Rezky Amalia Syafiin
Khairun Law Journal Volume 1 Issue 1, September 2017
Publisher : Faculty of Law, Khairun University
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Legal protection of domestic workers in Indonesia currently does not have a legal regulation. The Manpower Law also does not accommodate legal protection for domestic workers who are not considered as a worker. The only one regulation related to domestic workers in Indonesia is a ministerial regulation with a legal force that does not accommodate all the fulfillment of rights and obligations that are unclear to domestic workers especially who are recruited directly. The government has not yet established a special agency/ institution to provide legal protection for domestic workers that make Non-Government Organization (NGO) involved more in handling this matter. The absence of a legal regulation for the protection of domestic workers is a major cause of rights violations for domestic workers itself. In dealing with these conditions, the authors propose the need for the establishment of special law of domestic workers who are recruited directly and manifested through the establishment of the Domestic Workers Handling Institution as a solutive step in realizing civilized justice for domestic workers as a worker. The formation can be done in several ways, first, providing legal certainty and guarantee through the establishment of a specially hired domestic labor law, which includes the rights, and obligations of workers and employers. Secondly, to establish an institute for Domestic Workers Handlings that have the competence such as data of domestic worker, training and protection for domestic worker as a worker. In this writing, the author uses primary, secondary, and non-legal material. Legal material is obtained through literature research method then the material obtained is analyzed qualitatively and presented descriptively. The expected outcome is the realization of legal protection for domestic workers as a worker who is recruited directly as mandated by the constitution.
Progressivity of Legal Protection in Realizing Social Justice for Domestic Workers
Fajlurrahman Jurdi;
Nurul Mitmainnah;
Rezky Amalia Syafiin
Khairun Law Journal Vol 1, No 1 (2017): Volume 1 Issue 1, September 2017
Publisher : Faculty of Law, Khairun University
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DOI: 10.33387/klj.v1i1.427
Legal protection of domestic workers in Indonesia currently does not have a legal regulation. The Manpower Law also does not accommodate legal protection for domestic workers who are not considered as a worker. The only one regulation related to domestic workers in Indonesia is a ministerial regulation with a legal force that does not accommodate all the fulfillment of rights and obligations that are unclear to domestic workers especially who are recruited directly. The government has not yet established a special agency/ institution to provide legal protection for domestic workers that make Non-Government Organization (NGO) involved more in handling this matter. The absence of a legal regulation for the protection of domestic workers is a major cause of rights violations for domestic workers itself. In dealing with these conditions, the authors propose the need for the establishment of special law of domestic workers who are recruited directly and manifested through the establishment of the Domestic Workers Handling Institution as a solutive step in realizing civilized justice for domestic workers as a worker. The formation can be done in several ways, first, providing legal certainty and guarantee through the establishment of a specially hired domestic labor law, which includes the rights, and obligations of workers and employers. Secondly, to establish an institute for Domestic Workers Handlings that have the competence such as data of domestic worker, training and protection for domestic worker as a worker. In this writing, the author uses primary, secondary, and non-legal material. Legal material is obtained through literature research method then the material obtained is analyzed qualitatively and presented descriptively. The expected outcome is the realization of legal protection for domestic workers as a worker who is recruited directly as mandated by the constitution.
Legitimacy of Non-Formal Constitutional Reforms and Restrictions on Constitutionalism: Legitimasi Perubahan Konstitusi Non-formal dan Pembatasannya dalam Paham Konstitusionalisme
Fajlurrahman Jurdi;
Ahmad Yani
Jurnal Konstitusi Vol. 20 No. 2 (2023)
Publisher : Constitutional Court of the Republic of Indonesia, Indonesia
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DOI: 10.31078/jk2024
Non-formal constitutional change through legislative and judicial interpretation raises issues of legitimacy, and restrictions on non-formal changes can be made. This research aims to determine the legitimacy and explore the limitations of non-formal constitutional changes. This research uses normative legal methods with statutory, conceptual and case approaches. The results show that the legitimacy of non-formal constitutional changes is measured based on procedural legitimacy; that is, non-formal changes must be based on authority, and these changes do not affect the meaning of the Constitution as a whole. It is also measured based on substantial legitimacy; namely, non-formal changes to protect human rights. The limitation on changing the non-formal constitution is based on the main substance, which cannot be changed through non-formal changes such as constitutional structure, human rights, restrictions on authority and restrictions based on the moral constitution of the oath of office to implement and enforce the constitution.
Optimalisasi Fungsi Pengawasan Dewan Etik Mahkamah Konstitusi
Jurdi, Fajlurrahman;
Hanapi, Rizqa Ananda;
Hidayat, Taufik
Jurnal Hukum & Pembangunan
Publisher : UI Scholars Hub
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Violations of law and code of ethics performed by the constitutional judge shows that there is abuse of power within the court. The existence of Board of Ethics has questioned due to these violation and accused for not being able to perform its function in maintaining the dignity of the court. This concludes that the optimization of the function of the Board of Ethics are necessary. This is a normative and doctrinal research with several approaches. This research explains that board of ethics needs several changes within its body, such as: 1) boarden the board’s authority from investigating reports and allegations of violation, to performing fact-findings and tracing the indications of violation; 2) adding staffs to support the board; and 3) regulating the board and the structure under The Law on Mahkamah Konstitusi.
Local Wisdom-Based Water Resources Conservation: Enhancing Local Wisdom in Society 5.0
Aspan, Zulkifli;
Widodo, Ernu;
Jurdi, Fajlurrahman;
Jundiani, Jundiani
Hasanuddin Law Review VOLUME 9 ISSUE 2, AUGUST 2023
Publisher : Faculty of Law, Hasanuddin University
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DOI: 10.20956/halrev.v9i2.4298
Local wisdom as capital for sustainable water resource conservation is becoming increasingly important in the era of Society 5.0. It is characterized by technological transformation and extensive interconnection. In this context, implementing local wisdom values in the conservation of water resources is a significant challenge. This paper discusses the challenges faced in conserving sustainable local wisdom-based water resources in the era of Society 5.0, such as cultural and technological changes. This paper also examines legal regulations in water resource conservation based on local wisdom, such as how laws regulate water use and budget arrangements for water resource conservation. The method used is a literature study of several legal materials using concept and statutory approaches, then analyzed to answer the problems studied. The results show that it is necessary to strengthen the recognition and protection of local wisdom through the preparation or revision of laws and regulations that recognize the values of local wisdom in the conservation of water resources, a collaboration between stakeholders to build citizen communication and consultation; and regulatory adjustments to support the conservation of water resources in the era of society 5.0.
Collaborative Assistance Model in the Preparation of the APBDES: Integration of Legal Aspects and Community Participation
Eka Merdekawati Djafar;
Fajlurrahman Jurdi;
Naswar;
Sardil Mutaallif;
A. Nur Ilmi Amaliyah Passalowongi;
Juwita
Journal Informatic, Education and Management (JIEM) Vol 8 No 1 (2026): FEBRUARY (CALL FOR PAPERS)
Publisher : STMIK Indonesia Banda Aceh
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DOI: 10.61992/jiem.v8i1.182
The Draft Village Revenue and Expenditure Budget (RAPBDes) has an important role for villages in managing finances, preparing development plans, and determining the direction of village development policies. However, the problem of formulating the RAPBDes is still a challenge for some villages due to the lack of capacity and education of village officials as budget planners. The Technical Assistance for the Preparation of the RAPBDes service program aims to improve the understanding and skills of village officials in preparing a more effective budget by focusing on the agricultural sector as a support for the village economy. The method in implementing this program involves 30 participants of village officials as targets, by undergoing service from July and August. The results of the program obtained through the post test showed a percentage of 95%, this can be seen through the ability of the village apparatus to answer questions and formulate RAPBDes in accordance with legal legitimacy. This program has succeeded in improving the quality of the RAPBDes policy and has the potential to be applied more widely as a model of assisting the preparation of RAPBDes in other villages.
Strengthening Village Governance Through Technical Assistance In The Preparation Of Village Regulations In Dongi Village, Sidenreng Rappang Regency
Muhammad Zulfan Hakim;
Eka Merdekawati Djafar;
Tri Fenny Widayanti;
Fajlurrahman Jurdi;
Naswar
Journal Informatic, Education and Management (JIEM) Vol 8 No 1 (2026): FEBRUARY (CALL FOR PAPERS)
Publisher : STMIK Indonesia Banda Aceh
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DOI: 10.61992/jiem.v8i1.199
The gap between village and city regulations causes differences in the quality of government administration, especially due to the limited understanding of village officials in drafting appropriate and harmonious regulations. This article aims to strengthen village governance in Dongi Village, Sidenreng Rappang Regency through technical assistance in the preparation of village regulations. This study uses a descriptive method to provide a systematic and factual picture of the challenges faced by the village government, supported by literature studies and interviews with the community. The findings of the study show that low legal literacy, limited technical skills, and lack of community participation are the main obstacles to the effectiveness of village regulations. Mentoring activities play an important role in increasing the capacity of village apparatus and the Village Consultative Body (BPD) so that they are able to produce regulations that are legally valid, socially accepted, and responsive to community needs. These efforts contribute to the formation of participatory, transparent, and sustainable village governance systems, while providing a model that can be replicated in other villages to improve the quality of local governance.
Progressivity of Legal Protection in Realizing Social Justice for Domestic Workers
Jurdi, Fajlurrahman;
Mitmainnah, Nurul;
Syafiin, Rezky Amalia
Khairun Law Journal Vol 1, No 1 (2017): Volume 1 Issue 1, September 2017
Publisher : Faculty of Law, Khairun University
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DOI: 10.33387/klj.v1i1.427
Legal protection of domestic workers in Indonesia currently does not have a legal regulation. The Manpower Law also does not accommodate legal protection for domestic workers who are not considered as a worker. The only one regulation related to domestic workers in Indonesia is a ministerial regulation with a legal force that does not accommodate all the fulfillment of rights and obligations that are unclear to domestic workers especially who are recruited directly. The government has not yet established a special agency/ institution to provide legal protection for domestic workers that make Non-Government Organization (NGO) involved more in handling this matter. The absence of a legal regulation for the protection of domestic workers is a major cause of rights violations for domestic workers itself. In dealing with these conditions, the authors propose the need for the establishment of special law of domestic workers who are recruited directly and manifested through the establishment of the Domestic Workers Handling Institution as a solutive step in realizing civilized justice for domestic workers as a worker. The formation can be done in several ways, first, providing legal certainty and guarantee through the establishment of a specially hired domestic labor law, which includes the rights, and obligations of workers and employers. Secondly, to establish an institute for Domestic Workers Handlings that have the competence such as data of domestic worker, training and protection for domestic worker as a worker. In this writing, the author uses primary, secondary, and non-legal material. Legal material is obtained through literature research method then the material obtained is analyzed qualitatively and presented descriptively. The expected outcome is the realization of legal protection for domestic workers as a worker who is recruited directly as mandated by the constitution.