Article Per Year (5 Year)
p-Index From 2020 - 2025
4.566
P-Index
This Author published in this journals
All Journal Jurnal Hukum Respublica Jurnal Hadratul Madaniyah El-Ghiroh : Jurnal Studi Keislaman Jurnal Lakidende Law Review (DELAREV) Aladalah: Jurnal Politik, Sosial, Hukum dan Humaniora Hutanasyah : Jurnal Hukum Tata Negara Law Journal J-CEKI PESHUM
Ahmad Fuadi
Universitas Bina Insan
Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 25 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search
Journal : Hutanasyah : Jurnal Hukum Tata Negara

 1 
Analisis Penyelesaian Perkara Ahli Waris Putusan Nomor 02/Pdt.P/2017/PA.LLG di Pengadilan Agama Lubuklinggau Kuswoyo, Bahet Edi; Samosir, Agustinus; Fuadi, Ahmad
Hutanasyah : Jurnal Hukum Tata Negara Vol. 1 No. 2 (2023): Februari 2023
Publisher : STAI Bumi Silampari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37092/hutanasyah.v1i2.531

Abstract

This study aims to analyze the judge's consideration in the case decision Number: 02/Pdt.P/2017/PA-LLG and to find out and understand whether the case decision has fulfilled the values of justice, expediency and legal certainty. This research uses empirical normative approach methods, namely conceptual approach, statutory approach, legal history approach, comparative legal approach, then combined with approaches that are often used in empirical legal research including, sociological approach, anthropological approach, and legal psychology approach. The results showed that the basis for the judges' consideration in granting the petitioners which was the basis for considering the decision of the Lubuklinggau Class 1B Religious Court Judges in deciding the case application Number: 02/Pdt.P/2017/PA-LLG concerning the Determination of Heirs, is that the applicants are the legal heirs of the heirs of the deceased. In accordance with the Compilation of Islamic Law article 171 letter (b) The heir is a person who at the time of death or is declared dead based on the decision of the Court, leaves heirs and relics, and Heirs are people who at the time of death have blood relations or marital relations with the heir, are Muslim and are not hindered by law from becoming heirs. That the decision that has been handed down by the Panel of Judges in the case regarding the Determination of Heirs, does not meet the value of legal certainty and the values of justice, because the judge in examining and adjudicating does not carefully look at the content of positive law and does not consider aspects of justice.
Peran Mahkamah Konstitusi dalam Menjamin Kedaulatan Hukum di Indonesia Anggreni, Devi; Fuadi, Ahmad; Fitriyani, Fitriyani; Al-Kautsar, Muhammad Ibnu
Hutanasyah : Jurnal Hukum Tata Negara Vol. 3 No. 1 (2024): Agustus
Publisher : STAI Bumi Silampari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37092/hutanasyah.v3i1.868

Abstract

The Constitutional Court (CC) plays a crucial role in safeguarding the rule of law in Indonesia by ensuring that all laws and governmental policies adhere to the country's constitution. This research explores how the CC functions as an independent guardian of the constitution, balancing power among branches of government, and protecting citizens' rights from potential abuses of power. Through a qualitative approach utilizing literature review, this study analyzes the establishment history, organizational structure, and authority of the CC to conduct judicial reviews on laws deemed unconstitutional.Findings indicate that the CC has played a pivotal role in ensuring legal consistency and constitutional justice in Indonesia. CC decisions, whether through law reviews or constitutional interpretations, have provided the necessary legal certainty for political and economic stability in the country. However, the research also identifies several challenges facing the CC, including political pressures, resource limitations, and the need to enhance compliance with CC decisions among relevant stakeholders. In conclusion, the Indonesian CC holds a vital role in upholding the rule of law by ensuring that the constitution serves as a respected foundation for all within the nation. To maintain relevance amidst evolving social and political dynamics, the CC must continue to enhance its independence as a fair and impartial judicial institution. This study contributes significantly to understanding how the CC contributes to building a democratic and just legal system in Indonesia.
Co-Authors Agustinus Samosir Al-Kautsar, Muhammad Ibnu Alvina Aliya Angelina Ariq’ah Ruslan Anggreni, Devi Ardi Muthahir Celvin, Jimmy Devi Anggreni Devi Anggreni Sy Devi Anggreni Sy Fitriyani Fitriyani Fitriyani Fitriyani, Aidil Fransisco, Wawan Jimmy Celvin Kuswoyo, Bahet Edi Muhammad Saleh Putranto, Rian Rahmawati, Lilis Rezika, Nadila Rizki Amaliah Samosir, Agustinus Suharto, Tentiyo Tentiyo Suharto Wanti, Sahiro Wijaya, Rena