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INSTITUTIONALIZING THE CONSTITUTIONAL QUESTION AUTHORITY IN THE CONSTITUTIONAL COURT AND POSSIBILITY INSTITUTIONALIZING IN SUPREME COURT Manurung, Saut Parulian; Suhartono, Slamet; Nasution, Krisnadi
Jurnal Hukum Magnum Opus Vol 4 No 1 (2021): Februari 2021
Publisher : Faculty of Law, Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/jhmo.v4i1.4318

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AbstractThis article aims to analyze and discuss the institutionalization of the idea of a constitutional question at the Constitutional Court, and the possibility of its institutionalization at the Supreme Court. The method used is a statutory approach, a conceptual approach, and a comparative approach. This article takes the position of "agreeing" if the idea becomes the authority of the Constitutional Court. However, from a different perspective, this article also discusses the possibility of its institutionalization through the Supreme Court. Institutionalization of the constitutional question at the Constitutional Court can at least be carried out in three ways, namely, by amending the 1945 Constitution of the Republic of Indonesia, revising the Law on the Constitutional Court, and through Jurisprudence. On the other side, as a role model for practice and the regulation of a constitutional question mechanism, the Austrian and German states were taken as an example. While institutionalizing the idea at the Supreme Court, theoretically, this is very prospective when referring to comparative studies with the United States, because the US Supreme Court currently has the authority to examine the constitutionality of laws. The goal, if institutionalized in the Supreme Court, is for the Supreme Court to take part in realizing law and constitutional enforcement.Keyword: Constitutional Court; constitutional question; Supreme CourtAbstrakArtikel ini bertujuan untuk menganalisis dan membahas pelembagaan gagasan persoalan konstitusional di Mahkamah Konstitusi, dan kemungkinan pelembagaannya di Mahkamah Agung. Metode yang digunakan adalah pendekatan statutori, pendekatan konseptual, dan pendekatan komparatif. Pasal ini mengambil posisi “menyetujui” jika gagasan tersebut menjadi kewenangan Mahkamah Konstitusi. Namun, dari sudut pandang yang berbeda, artikel ini juga membahas kemungkinan pelembagaannya melalui Mahkamah Agung. Pelembagaan soal konstitusional di Mahkamah Konstitusi setidaknya dapat dilakukan dengan tiga cara, yakni dengan amandemen UUD 1945, revisi Undang-Undang Mahkamah Konstitusi, dan melalui yurisprudensi. Di sisi lain, sebagai panutan bagi praktik dan regulasi mekanisme persoalan konstitusional, negara Austria dan Jerman dijadikan contoh. Sementara melembagakan gagasan di MA, secara teoritis hal ini sangat prospektif jika mengacu pada studi banding dengan Amerika Serikat, karena MA saat ini memiliki kewenangan untuk memeriksa konstitusionalitas undang-undang. Tujuannya, jika dilembagakan di Mahkamah Agung, agar Mahkamah Agung turut serta mewujudkan penegakan hukum dan konstitusi.Kata Kunci: Mahkamah Agung; Mahkamah Konstitusi; pertanyaan konstitusi
Konstitusionalitas Badan Peradilan Khusus dan MK dalam Penyelesaian Sengketa Hasil Pilkada Langsung Suhartono, Slamet
Jurnal Konstitusi Vol 12, No 3 (2015)
Publisher : Mahkamah Konstitusi Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (425.859 KB) | DOI: 10.31078/jk1234

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In accordance with the decision of the Constitutional Court Number 97/PUU-XI/2013, the Constitutional Court is no longer authorized to resolve disputes on direct election results, because the provisions of Article 236C of Law Number 12 Year 2008 NRI are against the Constitution of 1945. Article 157 paragraph (1) Law No. 8 Year 2015 determines that the dispute settlement on direct election results become the authority of specialized judiciary. But before a specialized judiciary is formed, then the Constitutional Court is authorized to resolve disputes on direct election results. The authority of the Constitutional Court is the constitutional authority to fulfill temporary legal vacuum (rechtvakum). Therefore legislators should immediately establish a specialized judiciary which has the authority to resolve the disputes on direct election results.
Problematika Implementasi Undang-Undang Nomor 6 Tahun 2014 tentang desa di Kabupaten Sidoarjo Ahmad Mahyani; Slamet Suhartono; Dwi Putri Sartik; Johanes Dipa Widjaya
UIR Law Review Vol. 3 No. 2 (2019): UIR Law Review
Publisher : UIR Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (9.114 KB) | DOI: 10.25299/uirlrev.2019.vol3(02).3749

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The state recognizes and respect the Village as a legal community unit that has the authorithy to regulate and manage gonverment affairs and the rights of origin and traditional autonomous. In the context of recognition and respect, since the independence of Indonesia several regulation have been enacted which from the legal basic for implementing village governance. The enactment of Law number of 2014 concerning villages and their implementing laws and regulations also bring legal consequences to the administration of the village administration, including the restructuring of village apparatus, the preparation of village development plans and other legal consequences. This research focuses on the implementation of law no 6 of 2014 specifically the preparation of the village budget and the orderly administration of the village so that it can be seen the problems experienced by the village government.
Limitation of Doctor's Liability to Patients Based on the Value of Patient Safety Leonardus Bayu Agung Prakoso; Slamet Suhartono
Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences Vol 4, No 4 (2021): Budapest International Research and Critics Institute November
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v4i4.2682

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This study aims to determine the comparison between students' mathematical critical thinking skills taught with macromedia flash interactive learning media compared to PowerPoint media. This type of research is an experimental research. This research was conducted at SD Negeri 101788 Marindal I. The population in this study was students of SD Negeri 101788 Marindal I. While the samples in this study were 27 students in class IV/a and 27 students in class IV/b. The data collection in this study used a mathematical critical thinking ability test. The research hypotheses were tested using independent sample t-test data analysis techniques. The results showed that: (1) There was a significant difference between students' mathematical critical thinking skills taught with interactive learning media macromedia flash compared to powerpoint media (Fcount = 4.005; sig. = 0.004); and (2) The average mathematical critical thinking ability of students who are taught with interactive learning media macromedia flash is higher than the powerpoint media with a Mean Difference value of 7.40. In other words, it can be said that there is a significant effect of the application of interactive learning media macromedia flash on students' mathematical critical thinking skills.
MEDICATION ERROR OF EXPIRED DRUGS FOR AMBULATORY PATIENTS Vitrianingsih, Yeni; Suhartono, Slamet; Mangesti, Yovita Arie; Budiarsih
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 2 Issue 2 (2023)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v2i2.325

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Medication errors are commonly found in patient prescriptions. In Article 12 of the Pharmaceutical Law, these cases are only subject to administrative sanctions. It is also stated in the Minister of Health Regulation No. 72/2016 Articles 3 and 12 that the sanctions imposed are only administrative sanctions in accordance with the provisions of laws and regulations. The regulation is quite unclear, and will be clarified in the discussion of this research to identify laws that provide protection for ambulatory patients. The high problem of medication errors in patients indicates that it is required to take real action to prevent these cases to occur which cause detriment to the patient. Therefore, the objective of this research is to determine the factors that cause medication errors in the prescribing and dispensing phases. The research method used in this research is normative research with prospective data collection techniques which both methods can provide an overview and accuracy of data regarding the problem of medication errors on expired medicines. The results indicated that the factors causing medication errors in the prescribing phase and dispensing phase, such as work distractions such as ringing telephones, workload on health workers who are unable to do each job themselves, miscommunication between doctors and pharmacists about the use of drugs for patients, unsupported conditions while working, and education on writing prescriptions that do not comply with the requirements for completeness of prescriptions; the lack of a drug preparation room; and education regarding drug preparation that is not in accordance with prescription requests.
ROLE OPTIMIZATION OF REGIONAL REPRESENTATIVE COUNCIL IN THE LEGISLATIVE FUNCTION Gunawan, Bambang Panji; Suhartono, Slamet; Mangesti, Yovita Arie; Miarsa, Fajar Rachmad Dwi
Srawung: Journal of Social Sciences and Humanities Vol. 2 Issue 3 (2023)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jssh.v2i3.374

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The Regional Representative Council or DPD is an institution that represents the region as a state institution. After the bicameral parliamentary structure was established, the idea of bicameral became both strengthened and weakened. This research aims to identify the situation of the Regional Representative Council according to the 1945 Constitutional amendment and the weaknesses of the Regional Representative Council in implementing its legislative function. The type of research used in this legal research is descriptive-analytical with an evaluative normative juridical approach. The findings of the research identified that the situation of the Regional Representative Council, according to the 1945 Constitutional amendment, caused several changes in its position, members, functions, term of office, as well as its relationship with the House of Representatives. On the other hand, the weaknesses of the Regional Representative Council in implementing its legislative function were caused by its’ limited authorities, its’ unequal position with the House of Representatives, and its consideration, which was not even being considered by the House of Representatives as the House of Representatives was not obligated to, its' non-exclusive status, and its’ potentially conflict of interest.
LAW ENFORCEMENT ON FISHERY: PROHIBITION OF TRAWL NETS AS AN EFFORT TO PROTECT SMALL FISHERMAN FAIRLY Ardhiansyah, Hendra Yudha; Suhartono, Slamet; Mangesti, Yovita Arie
KLAUSULA (Jurnal Hukum Tata Negara Adminitrasi Dan Pidana) Vol 3 No 2 (2024): KLAUSULA (Jurnal Hukum Tata Negara, Hukum Adminitrasi, Pidana Dan Perdata)
Publisher : Universitas Islam kadiri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32503/klausula.v3i2.6215

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The sea and its resources, especially fishery resources, are a gift from God Almighty for the welfare of all Indonesian people. Based on the state's right to control the earth and the natural resources contained therein, which originates from Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia, the government must regulate fishery resources for the greatest prosperity of all people. The use of fishery resources is carried out with various legal products ranging from laws, government regulations, and presidential decrees to ministerial rules. Regulations on using fishery resources include prohibiting using trawl nets to catch fish in certain waters. This prohibition aims to prevent damage to the marine environment, ensure the sustainability of fishery resources, and protect small fishermen. However, in its implementation, it is still hampered by the problem of law enforcement, which is hindered by disharmony of regulations, the availability of professional law enforcement officers, and the lack of support for facilities and infrastructure considering the vast area of law enforcement. One thing that is no less important in enforcing the law on the prohibition of the use of trawl nets is the low legal awareness of fishing communities, especially industrial fishermen who only care about themselves without paying attention to the preservation of marine ecosystems, the sustainability of fishery resources, and the protection of small fishermen or traditional fishermen.
HAK ATAS TANAH ADAT DI SUMENEP: PERALIHAN KEPEMILIKAN DARI KERAJAAN KEPADA SUBYEK HUKUM PERSEORANGAN Murniati, Sri; Suhartono, Slamet; Sjaifurrachman, Sjaifurrachman
Collegium Studiosum Journal Vol. 7 No. 2 (2024): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v7i2.1394

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The ownership of Percaton Asta Tinggi land is governed similarly to other types of land ownership. If individual ownership is not recognized, the land is considered state property under the state's full control. This situation reflects a legal vacuum, creating ongoing issues due to the lack of a clear legal framework for ownership and authority over the land. This study examines the management, ownership, status, and authority concerning Percaton Asta Tinggi land. Findings reveal that the land is managed by the Somala Addition Foundation, with control entrusted to the guardians of Asta Tinggi as managers and custodians, as specified by a specific decree. The land is registered under a use-rights certificate, granting the foundation authority to manage the land based on the Regent's Decree. The decree restricts the land's purpose solely for management and benefit utilization, prohibiting personal ownership or sale. While land transfer registrations follow standard procedures, the registration of Percaton Asta Tinggi land is deemed invalid and nullified when intended for sale. This study underscores the need for a legal framework to address the specificities of managing and transferring rights over Percaton Asta Tinggi land.
THE LANGUAGE OF REGULATIONS: EXPLORING THE RIGHT TO RESTITUTION FOR CHILD VICTIMS OF SEXUAL CRIMES Mardiwel, Mardiwel; Suhartono, Slamet; Setyorini, Erny Herlin; Mangesti, Yovita Arie
Ensiklopedia Research and Community Service Review Vol 4, No 1 (2024): Vol. 4 No. 1 Oktober 2024
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/err.v4i1.1091

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Abstract: Children's rights are also part of the most fundamental human rights. Generally, protection for children is represented by children who come into contact with the law. From the Child Protection Law emphasizes that legal protection for children is the state's obligation, including for child victims of sexual violence. Every child who becomes a victim of a crime has the right to restitution. The purpose of research is to analyze and find the essence and concept of restitution for child victims of sexual violence based on the principle of justice. The type of research is normative legal using normative legal case studies, with approaches including legislative, philosophical, conceptual, case, and comparative approaches. The collection of legal materials is conducted by reviewing literature sources. The analysis of legal materials in this normative research consists of reading regulations, journals, and other references.Result shows that the essence of providing restitution for child victims of sexual violence based on the principle of justice is that children are vulnerable victims for whom the state is obligated to advocate for their rights in the form of restitution, making it easily accessible and beneficial for child victims. The concept of providing restitution for child victims of sexual violence emphasizes the need to reinforce the Sexual Crimes Law for children in fulfilling the right to restitution and must be clearly regulated through policies that facilitate child victims of sexual violence in applying for restitution.Keywords: restitution, children, sexual violence, principle of justice
Law Enforcement on Fishery: Prohibition of Trawl Nets as an Effort to Protect Small Fisherman Fairly Ardhiansyah, Hendra Yudha; Suhartono, Slamet; Mangesti, Yovita Arie
International Journal of Business, Law, and Education Vol. 5 No. 2 (2024): International Journal of Business, Law, and Education
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v5i2.887

Abstract

The sea and its resources, especially fishery resources, are a gift from God Almighty for the welfare of all Indonesian people. Based on the state's right to control the earth and the natural resources contained therein, which originates from Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia, the government must regulate fishery resources for the greatest prosperity of all people. The use of fishery resources is carried out with various legal products ranging from laws, government regulations, and presidential decrees to ministerial rules. Regulations on using fishery resources include prohibiting using trawl nets to catch fish in certain waters. This prohibition aims to prevent damage to the marine environment, ensure the sustainability of fishery resources, and protect small fishermen. However, in its implementation, it is still hampered by the problem of law enforcement, which is hindered by disharmony of regulations, the availability of professional law enforcement officers, and the lack of support for facilities and infrastructure considering the vast area of law enforcement. One thing that is no less important in enforcing the law on the prohibition of the use of trawl nets is the low legal awareness of fishing communities, especially industrial fishermen who only care about themselves without paying attention to the preservation of marine ecosystems, the sustainability of fishery resources, and the protection of small fishermen or traditional fishermen.
Co-Authors Abdul Aziz Abidin, Raden Zainal Achmad Taufik Ahmad Mahyani Ali Ibrohim, Ali Amelia, Mays Angelia, Ister Ardhiansyah, Hendra Yudha Ardiansyah, Heskey Arie Mangesti, Yovita Arizal Anwar, Arizal Budiarsih Budiarsih, Budiarsih Chairul Farid, Achmad Dahlan, Rudiyanto Dillah, Fahrizal Djinarto, Bambang Duo Putra Njoto, Enricho Dwi Putri Sartik Erny Herlin Setyorini, Erny Herlin Fajar Sugianto Farisi, Salman Filardhi, Khalif Firmansyah, Idris Frans Simangunsong Gulo, Titonius Gunawan, Bambang Panji Guntur, Sundaru Gustina, Sukmawaty Arisa Hariyono, Didi Herlin Setyorini, Erny Herlyn Setyorini, Erny Hufron Hufron, Hufron Imron, Muhamad Johanes Dipa Widjaya Kamaruddin, Zaleha Karim, Abd Karjon, Sigismund Hardian KHOIRUL ANAM Krisnadi Nasution Leonardus Bayu Agung Prakoso Lovitya Trisnanti, Ines Mangesti, Yovita Arie Manurung, Saut Parulian Mardiwel, Mardiwel Miarsa, Fajar Rachmad Dwi Miftahul Munir, Miftahul Moh. Zeinudin Mohammad Mohammad Munir, Miftahun Muntini, Muntini Murtadlo, Aly Nickalus, Juan Pratama Widiarsa, Anang Puji Utomo, Sutrisno Purboyo, Ardi Putra Samudra, Kaharudin Putri Ayu Lestari Putri, Karina Sari Wijayanto Rimbawani Sushanty, Vera Ronny Ronny Rosalinda Elsina Latumahina, Rosalinda Elsina S Endang Prasetyawati Saputra, Agung Wirya Sartika Alamsyah, Dwi Putri Sepadawati, Diana Setyadji, Sri Sibarani, Tagor Siswandi, Lambang Sjaifurrachman Sjaifurrachman Sri Murniati, Sri Sujono, Imam Suswantoro, Suswantoro Syofyan Hadi Tomy Michael Tri Budiman, Nanang Tyas, Yessa Fitri Yaning Vitrianingsih, Yeni Waisapi, Jeffry Yuliyanto Walujo Tjahjono, Agus Widiono, Alfonsus Ryan Yandri Radhi Anadi Yaqub Cikusin Young, Felina C Yudistira, Rizal