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All Journal Unes Law Review Al-Manhaj: Jurnal Hukum dan Pranata Sosial Islam Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences LEGAL BRIEF Indonesian Community Service and Empowerment Journal (IComSE) UNES Journal of Swara Justisia Jurnal As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Demson Tiopan
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Religion Arts Humanities Computer Science & IT Economics, Econometrics & Finance Education Engineering Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences

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Implementation of The Trias Politica Concept and The Prospects For Establishing New High State Institutions in Indonesia Tiopan, Demson; Setiawan, Agus; Rabbani, Kevin Alim
UNES Law Review Vol. 6 No. 1 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.1111

Abstract

State institutions play a significantly central role in the implementation of governance. The doctrine of trias politica has been implemented in the structure of the Indonesian state, establishing a division of powers among three branches: the executive, legislative, and judicial. Nevertheless, over time, Indonesia has expanded the trias politica doctrine by incorporating a novel branch of power, namely the examinative institution operated by the The Audit Board of the Republic of Indonesia. The high state institutions established in accordance with the constitution enjoy robust and enduring positions and authorities. On the other hand, state institutions formed through legislation tend to possess comparatively weaker and non-permanent positions and authorities, as they are susceptible to amendments or even dissolution by the House of People’s Representatives (Dewan Perwakilan Rakyat, DPR), which holds legislative functions. The Ombudsman and Corruption Eradication Commission (Komisi Pemberantasan Korupsi or KPK), as auxiliary state institutions playing pivotal roles in the governance system, face vulnerability due to their establishment being founded on statutory laws. Consequently, there arises an urgent necessity and opportunity for the establishment of a new high state institution by elevating the Ombudsman and KPK to the status of high state institutions. However, there are inherent challenges that must be navigated, specifically the requirement for an amendment to the 1945 Indonesian Constitution, contingent upon the political will of the members of the People's Consultative Assembly (Majelis Permusyawaratan Rakyat or MPR).
Harmonisasi Antara Lembaga Yudikatif Mahkamah Konstitusi dan Mahkamah Agung dalam Dinamika Hukum Tata Negara: Analisis Terkait Keseimbangan Kekuasaan Di Indonesia Abdul Aziz Nurambiya, Muhammad; Tiopan, Demson
UNES Law Review Vol. 6 No. 2 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1269

Abstract

The purpose of this research is to analyse how the balance of power in Indonesia is reflected through the harmonisation of judicial institutions, namely between the Constitutional Court (MK) and the Supreme Court (MA). This research is written through a normative juridical approach by relying on existing secondary data. The result of this research is that harmonisation between the Constitutional Court (MK) and the Supreme Court (MA) plays an important role in maintaining the balance of power in Indonesia, especially in the context of constitutional law. There is disharmony between the two institutions in several decisions, such as in the case of the nomination of DPD RI candidates in the 2019 simultaneous elections, which shows the need for better coordination between the two institutions to ensure clarity and harmony in constitutional law regulations. Proper coordination between the Constitutional Court and the Supreme Court, such as in the case of interfaith marriage, can provide clarity and harmony in regulations. In addition, efforts to maintain harmonisation between the Constitutional Court and the Supreme Court also include amending the 1945 Constitution and ensuring that decisions or actions of other government institutions remain within the corridors of the law. This shows the need for the aforementioned concrete efforts to strengthen cooperation between the two institutions in order to achieve harmonisation in Indonesia's legal system.
Analisis Yuridis Penegakan Hukum dan Pencegahan Tindakan Pengerusakan dalam Lingkup Pariwisata Berdasarkan dari Asas Good Governance Josep Kusumo, Lexandru; Tiopan, Demson
UNES Law Review Vol. 6 No. 2 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1414

Abstract

Destructive actions can be categorized as vandalism. This destructive action is common in tourism areas. Tourism is an important sector of national economic development. The tourism sector faces challenges in the form of acts of vandalism on public facilities that result in losses for the tourism sector and indicate the existence of social diseases in Indonesia. This problem is important to be addressed through law enforcement and prevention efforts in accordance with the principles of good governance because the lack of government supervision in terms of order has caused problems in the form of a social disease called vandalism which is rampant in tourism sites. Therefore, it is necessary to conduct research to examine legal prevention and efforts to prevent this act of vandalism in terms of the principles of good governance. The method used for this research is the normative juridical method in which the research focuses on positive legal norms written in and the Criminal Code (KUHP) relating to sanctions. The purpose of this research is to find out whether law enforcement and prevention of acts of destruction in the tourism environment are in accordance with the principles of good governance. The form of sanctions against the perpetrator is regulated in the Criminal Code. One of the efforts that can be made to reduce this act of destruction in accordance with the principles of good governance is to facilitate these street artists to help the government beautify tourism in Indonesia.
Co-Authors Abdul Aziz Nurambiya, Muhammad Agus Setiawan Daniel Hendrawan Dian Narwastuty Hassanain Haykal Jason Herodion Thomas Josep Kusumo, Lexandru Kevin Yudha Pratama Kurniawan, Shelly Pan Lindawaty Suherman Sewu Rabbani, Kevin Alim Rahel S.H. Octora Sakinah, Eksya Ledia Shelly Kurniawan Thomas, Jason Herodion Yundira, Irma