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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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THE DYNAMICS OF RATIFICATION ACTS OF INTERNATIONAL TREATY UNDER INDONESIAN LEGAL SYSTEM Dinata, Ari Wirya
Jurnal Hukum dan Peradilan Vol 10 No 2 (2021)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.10.2.2021.197-218

Abstract

The Ratification Act is a legal product that states Indonesia's commitment to an international treaty. The constitutionality of these laws has been tested before the Constitutional Court. In its decision, the Constitutional Court stated that the Ratification Acts is the object of judicial review as stipulated in article 24 C paragraph (1) of the 1945 Constitution. Even though there were two differences of opinion in the verdict on the ASEAN Charter Ratification Laws review, namely the Justice: Hamdan Zoelva and Maria Farida. The two judges categorized the Laws on the Ratification of International Treaties, not in the category of laws reviewed by the Constitutional Court. This decision explains the position of the Ratification Law in the Indonesian legal system and its future implications. This paper discusses the position of the Ratification Acts under the Indonesian legal system and the implications that will occur after the future Constitutional Court decisions on the development and relations of national law and international law. This writing uses secondary data and also primary, secondary, and tertiary legal material. This writing found the inconsistency of Indonesia in making ratification acts of International Law. It emerges that implication to the status of ratification acts. Moreover, The Constitutional Court decision tries to clarify ratification acts under the Indonesian legal system.
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.
Implications of The Revision of The Wantimpres Laws on The Government System in Indonesia Silvanti, Amelia; Amancik; Dinata, Ari Wirya
Jurnal Hukum dan Peradilan Vol 14 No 3 (2025)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.14.3.2025.651-676

Abstract

The revision of Law Number 19 of 2006 concerning Wantimpres is one example of a legal product that was born during the lame-duck session and enacted through fast-track legislation. The amendment article contained in the laws a quo raises legal debates and affects the system of government in Indonesia. The main problem discussed in this study is the position of the Presidential Advisory Council following the revision of the Presidential Advisory Laws within the Indonesian government system. Moreover, how effective is the position in comparison with the Indonesian Presidential Advisory Institute and the French Conseil d'Etat? The research method is normative legal research, using both a regulatory and a comparative approach. The results of this study are as follows: (1) The Article on the amendment of the law a quo raises various polemics in the Indonesian government system, especially changes in the position and membership structure of the Wantimpres. (2) Between the Advisory Council of the President of Indonesia and the Conseil d'Etat of France, in terms of position and membership structure, the Conseil d'Etat is much more effective in fulfilling its responsibilities as a council of state. These figures are based on the position and structure of the Conseil d'Etat. As a suggestion in this study, the amendment of the Presidential Advisory Law should refer to its effectiveness as an advisory institution to the president.
Co-Authors Al Vionesya, Yolanda Amancik 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 Silvanti, Amelia Situmeang, Selvi Christina Susanti, Pipi Wahyuni, Purwaningdyah Murti