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Strengthening Executive Oversight as an Instrument of Constitutional Control Over Regional Legal Products in East Aceh Regency Muchsin Muchtar; Tamaulina Br. Sembiring; Bambang Fitrianto
JURNAL HUKUM SEHASEN Vol 12 No 2 (2026): Oktober
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v12i2.12677

Abstract

The formation of regional legal products is interpreted as a central instrument in the implementation of regional autonomy and a supporter in realizing effective governance. However, the high number of cancellations of regional legal products indicates that disharmony still occurs with higher legislation, so it can be assumed that the oversight mechanism in the formation process is not optimal. The study uses an empirical legal research method with a descriptive-analytical approach through the study of legislation (statute approach) and analysis of the practice of forming regional legal products. The study aims to analyze the urgency of regional legal products for governance and formulate an effective legal framework for executive oversight in the formation of Regent Regulations in East Aceh Regency. The results of the study indicate that the position of regional legal products has a strategic role as the legal basis for the implementation of government, development, and public services. This study also found that preventive supervision carried out from the regulatory planning stage through constitutional testing, harmonization, legal risk assessment, to legal clearance can be an effective constitutional control instrument in preventing the issuance of a regional legal product that conflicts with other regulations in the legislative hierarchy. This oversight model contributes to strengthening legal certainty, improving the quality of regional regulations, and supporting the realization of good governance.
ANALISIS KAJIAN HUKUM KELUARGA DI INDONESIA BERDASARKAN HAK DAN KEWAJIBAN SUAMI ISTRI DALAM PERSPEKTIF GENDER DAN KEADILAN Romi Mukhlisin; Hasdiana Juwita Bintang; Bambang Fitrianto
Judge : Jurnal Hukum Vol. 7 No. 2 (2026): Judge : Jurnal Hukum
Publisher : Cattleya Darmaya Fortuna

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54209/judge.v7i2.2768

Abstract

Dalam perkembangan kehidupan masyarakat modern, pembagian peran suami dan istri mengalami perubahan sehingga diperlukan mengenai keseimbangan hak dan kewajiban yang berlandaskan prinsip keadilan dan kesetaraan gender. Adapun tujuan penelitian ini mencakup beberapa aspek hukum seperti, menganalisis peraturan perundang undangan yang mengatur hukum keluarga di Indonesia, mengkaji perlindungan hak dan kewajiban suami istri dari perspektif gender dan keadilan, dan menganalisis penyelesaian permasalahan hukum keluarga di indonesia. Penelitian ini menggunakan metode yuridis normatif dengan sifat deskriptif analitis, yang mengkaji hukum sebagai norma tertulis yang terdapat dalam peraturan perundang-undangan, komplikasi hukum islam, buku dan literatur terkait. Adapun hasil dari penelitian ini menunjukan bahwa hukum keluarga di Indonesia berdasarkan hak dan kewajiban suami istri dalam perspektif gender dan keadilan, Hukum keluarga mengatur hubungan suami istri secara timbal balik, meliputi pemenuhan nafkah, perlindungan, kasih sayang, penghormatan, ketaatan, serta pengelolaan rumah tangga. Selain itu diharapkan memberikan pemahaman mengenai penerapan hak dan kewajiban suami istri yang seimbang, adil, dan responsif terhadap perkembangan masyarakat.
SETTLEMENT OF REGIONAL TAX DISPUTES THROUGH ADMINISTRATIVE EFFORTS AT THE REVENUE AGENCY DELI SERDANG REGENCY AREA LEGAL CERTAINTY PERSPECTIVE Eko Gunarso Tamba; Tamaulina Br Sembiring; Bambang Fitrianto
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 6 No. 6 (2026): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA

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Abstract

Regional taxes are one of the sources of local revenue that play an important role in supporting regional governance and development. In its implementation, regional tax collection cannot be separated from the possibility of disputes arising between taxpayers and local governments as tax authorities. The settlement of regional tax disputes through administrative remedies serves as an important mechanism to provide legal protection for taxpayers while ensuring legal certainty in the implementation of regional tax administration. This study aims to analyze the mechanism for resolving regional tax disputes through administrative remedies at the Regional Revenue Agency of Deli Serdang Regency and to examine its implementation from the perspective of legal certainty. This research uses an empirical juridical method with a statutory approach and a conceptual approach. The research data were obtained through literature studies and interviews with relevant officials at the Regional Revenue Agency ofDeli Serdang Regency. The results indicate that the settlement of regional tax disputes through administrative remedies is carried out through objection procedures and administrative reviews in accordance with applicable laws and regulations. This mechanismprovides an opportunity for taxpayers to obtain administrative justice before pursuing further legal remedies. However, several obstacles remain in its implementation, including limited taxpayer understanding of objection procedures, administrative requirements in submitting applications, and the lack of optimal dissemination of information regarding taxpayers' rights and obligations. From the perspective of legal certainty, the settlement of regional tax disputes through administrative remedies at theRegional Revenue Agency of Deli Serdang Regency has a clear legal basis. Nevertheless, improvements are still required in termsof procedures, transparency, and administrative services to ensure more effective legal protection for taxpayers
LEGAL ANALYSIS OF THE TRANSFER OF RIGHTS TO COLLECT RECEIVABLES THROUGH COLLECTION TRUST DEEDS IN INTERNATIONAL TRADE DISPUTES Achmad Fahdi; Bambang Fitrianto; Siti Nurhayati
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 6 No. 6 (2026): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA

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Abstract

The increasingly complex practice of international trade demands effective legal instruments to manage cross-jurisdictional receivable risks. One developing instrument is the Collection Trust Deed (CTD), a deed for the assignment of collection rights from the original creditor to a third party acting as collecting agent or trustee. Issues arise because Indonesia's civil law system does not recognize the concept of trust as developed in common law tradition, despite the fact that CTD has been widely used by foreign export credit insurance institutions such as Sinosure, NEXI, and EXIM Bank in handling defaults by Indonesian importers. This research aims to analyze the legal regulation of collection rights assignment through Collection Trust Deeds in the international trade system, as well as dispute settlement mechanisms and legal protection for creditors. The research uses a normative juridical method with statutory, conceptual, and comparative approaches, through examination of the Indonesian Civil Code, Law Number 30 of 1999 on Arbitration, the 1958 New York Convention, the UNCITRAL Convention on the Assignment of Receivables 2001, and the UNIDROIT Principles 2016. The results show that CTD can be qualified as a sui generis agreement valid under the principle of freedom of contract (Article 1338 in conjunction with 1320 of the Indonesian Civil Code), dispute resolution is more effectively conducted through international arbitration with enforceability of awards under the 1958 New York Convention, and legal protection for creditors can be enforced through the fiduciary duty of the collecting agent based on the principle of good faith. National legal reform is needed to accommodate modern contractual instruments such as CTD to ensure legal certainty that is responsive to the dynamics of international trade.
AN ANALYSIS OF THE POLITICAL RIGHTS OF HUMAN RIGHTS VIOLATORS IN THE CONTEXT OF ARTIFICIAL INTELLIGENCE (AI) USAGE: AN INDONESIAN CONSTITUTIONAL LAW PERSPECTIVE Zulfa Almira; Tamaulina Br. Sembiring; Bambang Fitrianto
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 4 (2026): December
Publisher : PT. Radja Intercontinental Publishing

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Abstract

The advancement of Artificial Intelligence (AI) has reshaped a wide range of fields, particularly public governance and democratic practices. Although the integration of AI into decision-making processes may enhance the efficiency and effectiveness of public services, its application also presents legal challenges related to the safeguarding of citizens’ political rights, including the rights of individuals responsible for human rights violations. This study seeks to examine the constitutional position of the political rights of human rights violators, explore the consequences of AI utilization for the exercise of political rights, and identify the constitutional boundaries governing AI use within the Indonesian Constitutional Law framework. The study adopts a normative juridical approach by applying statutory, conceptual, case-based, and comparative approaches. Legal materials were obtained through library-based research involving legislation, scholarly books, academic journals, and legal doctrines, which were subsequently examined using qualitative analysis. The analysis demonstrates that political rights constitute constitutionally protected rights under the 1945 Constitution of the Republic of Indonesia and international human rights law. Consequently, any limitation of such rights must be grounded in legality, proportionality, due process of law, transparency, accountability, and non-discrimination. AI should not be positioned as an autonomous determinant in restricting or withdrawing an individual’s political rights; rather, it should operate as an auxiliary instrument within a human-controlled decision-making process and in accordance with the applicable legal framework. Therefore, Indonesia requires a comprehensive and legally binding regulatory framework for AI to safeguard political rights and ensure that technological development remains compatible with the principles of constitutional democracy and the rule of law.