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All Journal Jurnal Penelitian Hukum De Jure Varia Justicia Jambura Law Review Pena Justisia: Media Komunikasi dan Kajian Hukum JURNAL RECHTENS Al-Manhaj: Jurnal Hukum dan Pranata Sosial Islam Jurnal Penegakan Hukum dan Keadilan Jurnal Hukum Lex Generalis Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP) Journal of Law, Poliitic and Humanities Kanun: Jurnal Ilmu Hukum SASI
Ahmad Rustan
Universitas Muhammadiyah Kendari
Religion Humanities Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Enigma of the Idea from Extending the Village Head Period: Orientation and Implications in a Constitutional Perspective Hudah, Komsih; Rustan, Ahmad; Irwansyah, Irwansyah
SASI Volume 29 Issue 4, December 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v29i4.1720

Abstract

Introduction: In the developing social, political and economic dynamics, the idea of extending the village head's term of office raises questions regarding orientation, legality and its impact in the context of the Indonesian constitution as well as implications for the principles of democracy and community participation in village governance.Purposes of the Research:  This study aims to examine the enigma of the idea of extending the tenure of village heads in the context of village administration in Indonesia and identify the implications of this idea for aspects of democracy, community participation, and the balance of power from a constitutional perspective.Methods of the Research: This study uses a legal analysis and policy analysis approach to examine various laws and regulations related to village governance, including the relevance and implementation of extending the tenure of village heads in Indonesia. The document analysis method will be used to collect data from official sources such as government reports, academic journals, and other trusted publications.Results of the Research: The research results indicate that the enigma of extending the tenure of Village Chiefs in the context of village governance in Indonesia and its relationship with the principles of democracy and community participation as per the Constitution. While the performance of the Village Chief is a consideration, it is important to maintain community participation in the election of Village Chiefs. This extension of tenure has a significant impact on the principle of power rotation, which is essential in safeguarding democracy. Village governance is an integral part of Indonesia's political system, based on democracy and community participation. Although the Village Chief plays a strategic role, the idea of extending their tenure raises important questions related to constitutional principles.
The Use of Artificial Intelligence in Dispute Resolution Through Arbitration: The Potential and Challenges Agus, Agus; Sudirman, Sudirman; Umar, Wahyudi; Rustan, Ahmad
SASI Volume 29 Issue 3, September 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v29i3.1393

Abstract

Introduction: The use of artificial intelligence (AI) in dispute resolution through arbitration has become an increasingly relevant topic in the legal world. AI can speed up the process of data collection, data analysis, and provide predictions and recommendations in dispute resolution. However, the use of AI also raises some challenges and risks that need to be overcome.Purposes of the Research: This paper intends to explore the potential of the use of Artificial Intelligence (AI) Technology in dispute resolution through arbitration, as well as the challenges and risks associated with its use. Methods of the Research: The research method used is normative research by analyzing various literature and regulations related to the use of AI in dispute resolution through arbitration. Results of the Research: The results showed that the use of AI in dispute resolution through arbitration can speed up the process and improve the accuracy of data analysis. However, its use also has challenges and risks such as the risk of error and the inability of AI to understand the legal nuances and human factors in the dispute resolution process. To minimize risks and ensure fairness and legal certainty in the dispute resolution process through arbitration, clear regulations and standards are needed in the use of AI. In addition, users and legal practitioners involved in the dispute resolution process through arbitration also need to improve understanding and knowledge of AI technologies.
Telaah Yuridis terhadap Putusan Mahkamah Konstitusi Nomor: 92/PUU-XXII/2024 dalam Perkara Pengujian Undang-Undang Desa Fadil, Muh.; Rustan, Ahmad; Sri Asnani, Multi
Jurnal Hukum Lex Generalis Vol 6 No 8 (2025): Tema Hukum Pemerintahan
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v6i8.1703

Abstract

The simultaneous election of Village Heads (Pilkades) in South Konawe Regency on September 24, 2023 is crucial after the issuance of Law Number 3 of 2024. Although the Constitutional Court in Decision Number 92/PUU-XXII/2024 stated that the Regional Elections were in accordance with Law Number 6 of 2014 concerning Villages, the facts are contrary to Article 32 paragraph 1 of the Village Law regarding the notification of the end of the term of office of the village head. This research aims to analyze the Constitutional Court's considerations in case 92/PUU-XXII/2024 from the perspective of justice and the principle of the rule of law. This research employs a normative legal method, utilizing both a statutory approach and a case approach, with a focus on examining Article 118, letter e of Law Number 3 of 2024. The Constitutional Court judge's consideration that the Regional Elections in South Konawe were by the Village Law factually contradicted Article 32 paragraph 1 of Law Number 6 of 2014. A total of 94 village heads still have 7 months remaining in office and 2 other village heads 14 months when the election is held, even though the notice of term of office should have been made 6 months in advance. This makes the Constitutional Court's consideration juridically flawed and contrary to the principle of the rule of law, so that the applicant's application should be rejected.
Prevention of budget leakage through law enforcement in the tax sector in Kendari City Tasmir; Rustan, Ahmad; Iskandar Ichlas, Rudi; Umar, Wahyudi
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.5853

Abstract

Research discussing the prevention of budget leakage through law enforcement in the tax sector is an effort to overcome the problem of budget leakage which is one of the main problems in the country's financial sector. The urgency of this research is to minimize state financial losses due to budget leakage and strengthen the integrity of the tax sector in Kendari City. To achieve the expected goals, researchers will adapt research procedures with mixed methods using several data collection techniques such as interviews, questionnaires, literature studies, and conducting focus group discussions (FGDs). In conducting this research, researchers must also pay attention to ethical aspects of research, such as data privacy and security, and maintain academic integrity. This study aims to identify the factors that cause budget leakage, as well as to evaluate the effectiveness of law enforcement in preventing budget leakage in the tax sector. Thus, this study is expected to provide appropriate recommendations to overcome the problem of budget leakage that occurs in the tax sector in Kendari City. The results of this study are expected to be policy recommendations that can help improve the effectiveness of law enforcement and prevent budget leakage in the tax sector in Kendari City. In addition, this research can also contribute to the development of science, especially in the fields of law and public finance.
Juridical Study of the 2024 Banjarbaru Regional Head Election Alivia S M Nur, Muh. Agus; Rustan, Ahmad; Irwansyah
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6303

Abstract

The Direct Regional Head Election (Direct Regional Election) which will be held on November 27, 2024 is the embodiment of democratic values. The election of regional heads is an orientation of people's sovereignty which is a concept of a state that uses a democratic system like Indonesia. The people as holders of State sovereignty as stated in Article 1 paragraph 2 of the 1945 Constitution that the Sovereignty is in the hands of the people and is carried out according to the Constitution. The election of Regional Heads in Indonesia is a long political journey with various dynamics that occur between the interests of the political elite and the will of the people, the interests of the central and regional and the interests of businessmen and candidate pairs. In carrying out the Regional Head Election, it is carried out by an Independent Institution, namely the General Election Commission (KPU) which is the organizer in distributing people's sovereignty through Direct Regional Elections. The 2024 Regional Head Election will be held simultaneously throughout Indonesia, even though the regional elections have been completed, but some regions still have legal problems regarding the process or results of the simultaneous regional elections that have been carried out. Banjarbaru City, South Kalimantan Province is one of the areas that is the main issue of legal problems that result in alleged injustice and non-neutrality of the Banjarbaru City General Election Commission. This research is carried out by the Normative Juridical method, namely by examining the theories, concepts and legal principles and related regulations regarding the election of regional heads. From this study, it can be concluded that there have been legal problems regarding the rules for disqualification and re-printing of ballots regarding the Regional Head Election that occurred in Banjarbaru City.
Keamanan Investasi Online: Evaluasi Regulasi Perlindungan Investor dalam Konteks Robot Trading di Indonesia Rizzal, Muhammad Saeful; Rustan, Ahmad; Ichlas, Rudy Iskandar
Jurnal Penelitian Hukum De Jure Vol 24, No 3 (2024): November Edition
Publisher : Law and Human Rights Policy Strategy Agency, Ministry of Law and Human Rights of The Repub

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/dejure.2024.V24.295-306

Abstract

Investment has become a new lifestyle for some people, as investment promotions typically entice potential investors with promising returns. In Indonesia, investments are broadly categorized into tangible and financial investments. This study aims to review the licensing system and protection for victims of online robot trading investments in Indonesia, focusing on safeguarding the public as investors. This research aims to provide knowledge so that the public can differentiate between legal and illegal investments, thus encouraging more cautious investment decisions. The method employed in this study is a normative juridical approach involving an analysis of existing laws and regulations, including the Consumer Protection Law, Capital Market Law, and regulations issued by the Financial Services Authority (OJK). A qualitative analysis of the collected data was conducted to assess the extent to which current regulations can protect the public from potential losses arising from investments in robot trading. The research findings indicate that the protection of victims in online robot trading investments in Indonesia needs to be strengthened and adapted to technological and market developments. Stricter and more specific regulations governing the operations of robot trading platforms are necessary. It is advisable for the public to exercise caution when engaging in online investments to avoid becoming victims.
Tinjauan Yuridis Pelaksanaan Review Hasil Pemilihan Penyedia dalam Pengadaan Barang atau Jasa oleh Pejabat Pembuat Komitmen Ersanda, Elsha; Rustan, Ahmad; Irwansyah, Irwansyah; Umar, Wahyudi
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 5 No. 2 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i2.3653

Abstract

The role of the Commitment Making Officer (PPK) is very important to ensure procurement objectives are achieved by reviewing the results of the selection of government procurement of goods and services so that the entire procurement process is carried out transparently, fairly and in accordance with applicable regulations. This research aims to analyze whether the process of reviewing election results in procurement process No. 15117081 carried out by PPK Southeast Sulawesi has complied with the principles of transparency, accountability and fairness in selecting tender winners based on LKPP Regulation No. 12 of 2021. The research method used is a legal research method with a statutory approach and case study. The results of the research show that the implementation of the review by the PPK in the aquo case is not in accordance with the provisions of LKPP regulation No.12 of 2021. The review should be carried out by the PKK only based on the Minutes of Election Results (BAHP) documents received, not providing field evidence or clarification to participants or other parties. The implication of these findings is that there is a potential violation of the principles of government procurement of goods and services which must be carried out transparently, fairly and in accordance with regulations.
Analyzing the Presidential Power Constraints and the DPR Power Enhancement in the Indonesian 1945 Constitution: A Critical Approach Saepullah, Saepullah; Ichlas, Rudy Iskandar; Rustan, Ahmad; Jufri, Nur Nashriani
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i2.3596

Abstract

This study delves into an examination of how the 1945 Constitution establishes multiple constraints on the President's authority while bolstering the influence of the DPR (People's Consultative Assembly). The research aims to comprehensively analyze the scope of powers granted by the 1945 Constitution to both the President and the DPR. Employing a normative research methodology, this investigation reveals that the 1945 Constitution places specific limitations on the President while strengthening the authority of the DPR through various means. Notably, the Constitution imposes term limits solely on the President, not on the DPR. Although the President participates in the legislative process, certain restrictions apply, and certain powers are granted to the President as the head of state, but they necessitate the involvement of the DPR. In contrast, specific rights exclusively pertain to the DPR in support of its duties, without extending these same rights to the President. Such a scenario underscores the imperative of establishing a constitutional balance of power between the executive authority of the President and the legislative authority of the DPR.
Implementation of the Omnibus Law: Legislative Impact and Consequences Jefri, Jefri; Rustan, Ahmad; Ichlas, Rudy Iskandar
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i2.3617

Abstract

The Implementation of the Omnibus Law in Indonesia through Law Number 11 of 2020 on Job Creation represents a significant step in regulatory reform, encompassing various sectors. This law aims to streamline regulations, enhance investment, and create job opportunities. This study seeks to analyze the impact and implications of the Omnibus Law on legislative politics in Indonesia. Using a qualitative approach and various theoretical frameworks from the fields of law, economics, politics, and sociology, this research examines regulatory changes, legislative processes, and the social, economic, and environmental impacts of the Omnibus Law's implementation. The findings indicate that while the Omnibus Law has the potential to improve the investment climate and economic growth, concerns exist regarding the reduction of workers' rights, negative environmental impacts, and the lack of public participation in the legislative process. The implications for legislative politics include changes in the relationship between central and regional governments, as well as political dynamics at the national and local levels. It is crucial for the government to ensure transparent, accountable, and participatory implementation to achieve sustainable development goals and improve the welfare of the Indonesian people.
A CRITICAL REVIEW OF THE APPLICATION OF WITCHCRAFT LAWS IN THE NEW CRIMINAL CODE (EXPLORING THE IMPLICATIONS OF ARTICLE 252 OF LAW 1 2023 AND ITS IMPACT ON THE JUDICIAL SYSTEM IN INDONESIA) Syam, Elvi Susanti; Jambak, Fachmi; Rustan, Ahmad; Herman, Herman; Mahka, Fachrur Razy
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.5412

Abstract

This study intends to assess the legal effects and effectiveness of the application of sanctions against witchcraft offenses under Article 252 of law no. 1 year 2023 in the social and legal setting in Indonesia. The study primarily concentrated on the regulation of witchcraft offenses within the new criminal legislation, the issues associated with proof, and the societal ramifications of enforcing these penalties. The study method adopted is normative legal method with descriptive-analytical approach. The data sources comprise main and secondary legal literature, encompassing statutes, books, scholarly journals, and pertinent articles. The findings indicate that while Article 252 of legislation 1/2023 establishes a legal foundation for activities concerning supernatural powers, the implementation of this article encounters significant obstacles, particularly with evidentiary requirements. The formal offense established in this article does not require proof of the manifestation of physical or mental repercussions, but rather stresses the declaration of the perpetrator who has supernatural powers. On the other hand, there is the potential for abuse of this item in society, which might generate horizontal disputes. The efficacy of sanction implementation relies on the accurate comprehension of its boundaries and objectives by law enforcement authorities and the public.
Co-Authors Abdaud, Faisal Adi Muliawansyah Malie AGUS AGUS Al Yusak, Fatwa Alba, La Ode Alivia S M Nur, Muh. Agus Andi Nurfarah Aulia Annisa, Sitti Dirawati Dirawati Elvi Susanti Syam Ersanda, Elsha Fachmi Jambak Fadil, Muh. Fatmawati, Fatmawati Hargono Hargono Hariadi . Hudah, Komsih Ichlas, Rudy Iskandar IRWANSYAH Irwansyah Irwansyah Irwansyah Irwansyah Iskandar Ichlas, Rudi Jefri Jefri Jefri Jefri Ju Lan Hsieh Jufri, Nur Nashriani jufri, nur nashriany Mahka, Fachrur Razy Malie, Adi Muliawansyah Masykuri Masykuri Ming-Hsi, Sung Muhammad Alfar Multi Sri Asnani Nashriani Jufri, Nur Nur Nashriani Jufri Rahman, Rofi Aulia Rizzal, Muhammad Saeful Rudy Iskandar Ichlas Saepullah Saepullah Saepullah, Saepullah Sudirman Sudirman Syamsiar, Syamsiar Tasmir Wahyudi Umar Yensi Prasilia