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All Journal Lentera Hukum Jurnal HAM Nagari Law Review University Of Bengkulu Law Journal Jurnal Esensi Hukum Jurnal Hukum Peratun Jurnal Konstitusi Jurnal Hukum dan Peradilan Jurnal Legislasi Indonesia
Ari Wirya Dinata
UNIVERSITAS BENGKULU
Humanities Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Freedom Of Religion And Belief Under Supreme Court Verdict Study Case On Supreme Court Decision Number 17/P/HUM/2021 Ayub, Zainal Amin; Dinata, Ari Wirya; Ambarini, Nur Sulistyo Budi; Susanti, Pipi; Elcaputera, Arie
Jurnal Hukum dan Peradilan Vol 12 No 1 (2023)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.12.1.2023.1-28

Abstract

Freedom of religion or belief (FoRB) is one of the human rights stated in the 1945 Constitution. Article 29 paragraphs (1) and (2) of the 1945 Constitution. The recognition of religion guarantees the independence of each of its inhabitants to embrace their respective religions and to worship according to their religion or beliefs. The state guarantee on FoRB consists of assurance for the internal and external forums. Freedom to embrace religion or belief is an internal forum for everyone, an absolute right as regulated in ICCPR that Indonesia has also ratified. In fact, this provision is also regulated in Article 28 I paragraph (1) of the 1945 Constitution. The fulfillment of the right to FoRB is frequently discriminated against in Indonesia. The  issue of forcing to wear school uniforms with hijab for non-Muslim female students is still common in many public schools in Indonesia. The State has issued a joint decree (SKB) of 3 ministers to normalize the discriminatory status quo. However, the attempt to return it to its normal position was thwarted by the LKMM, which carried out the SKB test. Unfortunately, the Supreme Court (SC) canceled the SKB because schools have the right to carry out religious education and instilled values. The judges ratio decidendi made by the SC Justices were very dry from the perspective of freedom of religion or belief in canceling the 3 Ministerial Decrees. The judge saw the issue of forcing to wear hijab on non-Muslim students from the perspective of the majority religious thought without noticing that Indonesian society is very diverse. Therefore, the protection of the right to FoRB should also safeguard the religious minorities rights. This paper will examine decision made by judiciary power in term protecting the FoRB right. This verdict will be reviewing toward to justice consideration (ratio decedendi) and legal archicteture in filling the norm FoRB. Moreover, it will also appraise to judicial behavior based on breakfasting theory.
Constitutional Design of Strengthening DPR Role in Forming, Changing, and Dissolving State Ministries in the Constitutional Views Wahyuni, Purwaningdyah Murti; Chandra, M Jeffry Arlinandes; Dinata, Ari Wirya; Illahi, Beni Kurnia; Gusman, Delfina
Nagari Law Review Vol 6 No 2 (2023): Nagari Law Review
Publisher : Faculty of Law, Andalas University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/nalrev.v.6.i.2.p.102-119.2023

Abstract

As a country that maintains a presidential system of government, it is essential to concentrate on creating the framework and structure of government. This is closely tied to the establishment, evolution, and dissolution of such institutions. As a consequence, the President and the DPR will be capable of determining responsive and constitutional legal politics. This legal policy study focuses on how the growth and regulation of state ministries and state institutions were connected to the constitutional system's establishment, modification, and dissolution. Second, how can legal politics address this in a manner that seems to be constitutional? The objective of this study is to assess the arrangements pertaining to the formation, alteration, and dissolution of ministries and state institutions under the constitutional system in order to define the ideal political legislation.This research uses normative legal research methods with descriptive research specifications and is analyzed through library research and data analysis methods using juridical-qualitative. The results of the research and discussion in this study include: First, the arrangements regarding the formation, modification, and dissolution of ministries and state institutions do not yet have a clear legal basis so that the President as the holder of power, is irregular in issuing his policies. Second, the legal politics that was initiated wanted the Government and the DPR to be more synergized in terms of drafting legal considerations and normalizing them based on statutory regulations and principles in a presidential system of government.
Larangan Ekspor Bijih Nikel menurut Peraturan Menteri ESDM nomor 11 Tahun 2019 dan ketentuan GATT 1994 Vionesya, Yolanda Al; Waryenti, Deli; Dinata, Ari Wirya
University Of Bengkulu Law Journal Vol. 9 No. 1 (2024): APRIL
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/ubelaj.v9i1.33183

Abstract

The ban on nickel ore exports carried out by Indonesia through the Minister of Energy and Mineral Resources Number 11 of 2019 made Indonesia sued at the WTO by the European Union for violating the provisions of the 1994 GATT. This article aims to find out how the validity of the nickel ore export ban based on the Minister of Energy and Mineral Resources Number 11 of 2019 and GATT Provisions 1994. To answer the formulation of the problem, this study uses the literature study method. Legal materials obtained both primary legal materials and secondary legal materials are grouped and arranged systematically. Furthermore, the legal material is analyzed qualitatively to make it easier to draw conclusions. The conclusion that can be drawn in this study is that the ban on nickel ore exports is legal according to the Minister of Energy and Mineral Resources Number 11 of 2019, but is contrary to the provisions of GATT 1994. Keywords: Nickel Ore Export Ban; GATT 1994; WTO.
Co-Authors Ardilafiza, Ardilafiza Arie Elca Putra Ayub, Zainal Amin Beni Kurnia Illahi Chandra, M Jeffry Arlinandes Delfina Gusman DELI WARYENTI Elcaputera, Arie Illahi, Beni Kurnia M Jeffry Arlinandes Chandra M Yusuf Akbar Muhammad Bahrul Ulum Nur Sulistyo Budi Ambarini, Nur Sulistyo Budi Pipi Susanti Purwaningdyah Murti Wahyuni Situmeang, Selvi Christina Susanti, Pipi Vionesya, Yolanda Al Wahyuni, Purwaningdyah Murti