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Harmonisasi Hukum Administrasi Negara Dengan Konstitusi Dalam Sistim Pemerintahan Di Indonesia Doni Eka Putra; Sri Agustini; Miasiratni Miasiratni; Gokma Toni Parlindungan S
Journal of Global Legal Review Vol. 3 No. 2 (2025): Journal of Global Legal Review
Publisher : Universitas Sumatera Barat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59963/jglegar.v3i2.392

Abstract

This journal discusses the Harmonization of State Administrative Law with the Constitution in the Government system in Indonesia. The purpose of the study is to analyze the extent to which State Administrative Law is in line with the values ​​contained in the constitution and how its implementation can strengthen an effective, transparent, and accountable government system. The research method used is a normative legal approach with qualitative analysis, which examines laws and regulations, legal doctrines, and related court decisions. The results of the study indicate that although state administrative law has accommodated constitutional principles, such as justice, legal certainty, and protection of human rights, there are still gaps in implementation. This is due to inconsistencies in regulations, overlapping authority between institutions, and lack of supervision in government administration practices. Therefore, harmonization steps are needed that involve revising regulations, strengthening institutions, and fostering state apparatus to ensure that state administrative law can optimally support the goals of the constitution.
Peran Putusan Pengadilan Agama Dalam Penyelesaian Sengketa Harta Bersama Setelah Perceraian Miasiratni Miasiratni
Journal of Global Legal Review Vol. 3 No. 1 (2025): Journal of Global Legal Review
Publisher : Universitas Sumatera Barat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59963/jglegar.v3i1.428

Abstract

This study aims to analyze the role of Religious Court decisions in resolving joint property disputes after divorce, and to assess the extent to which the decision provides justice and legal certainty for the parties. The method used in this study is an empirical approach, with a case study at the Padang Religious Court. Data were obtained through a study of court decision documents, interviews with judges, and observations of the trial process and implementation of decisions. The results of the study indicate that Religious Court decisions have an important role in resolving joint property disputes, but there are still obstacles in their implementation, such as a lack of legal understanding from the parties, administrative obstacles, and limitations in the execution mechanism. Most decisions have considered the principles of justice and proportionality in the division of property, therefore, strengthening is needed in the aspects of legal socialization and the effectiveness of the implementation of decisions to ensure the protection of the rights of the parties after divorce.
Efektifitas Proses Mediasi Dalam Perkara Perceraian Di Pengadilan Agama Padang Miasiratni Miasiratni; Widya Yoseva; Suci Nurjannah Yuansyah; Nofrisca Patma Witri
Journal of Global Legal Review Vol. 3 No. 2 (2025): Journal of Global Legal Review
Publisher : Universitas Sumatera Barat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59963/jglegar.v3i2.573

Abstract

This study aims to analyze the effectiveness of the mediation process in resolving divorce cases at the Padang Religious Court and identify factors influencing the success and failure of mediation. The research method used is empirical legal research with a qualitative approach. Data were obtained through interviews with the mediator judge and the parties, as well as a study of divorce case documents that have undergone mediation at the Padang Religious Court. The collected data were analyzed descriptively qualitatively by linking applicable legal provisions with their implementation in practice. The results indicate that the mediation process in divorce cases at the Padang Religious Court has not been fully effective in reducing the divorce rate. This is due to the parties' low good faith in reconciliation, long-standing domestic conflicts, and limited time for mediation. Nevertheless, mediation remains an important means of communication and clarification between husband and wife before the case is decided by the judge. Therefore, it is necessary to optimize the role of the mediator and increase the awareness of the parties so that the objectives of mediation can be optimally achieved.
PERAN KONSTITUSI DALAM PEMBENTUKAN NEGARA YANG DEMOKRATIS Parlindungan S, Gokma Toni; Miasiratni, Miasiratni
JCH (Jurnal Cendekia Hukum) Vol 11, No 1: JCH (JURNAL CENDEKIA HUKUM)
Publisher : LPPM STIH Putri Maharaja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33760/jch.v11i1.1288

Abstract

The constitution is the primary foundation for establishing a democratic state. As the highest legal norm, the constitution regulates the division of power, guarantees human rights, and limits government authority to prevent abuse of power. This study aims to analyse the role of the constitution in (1) establishing a democratic system of government and (2) maintaining the sustainability of democracy in state administration. This study uses a normative legal research method with a comparative approach. Research data are sourced from secondary legal materials, including constitutional documents, laws and regulations, legal literature, and relevant scientific publications. The analysis is conducted descriptively and analytically to explain how constitutional mechanisms support democracy. The results show that the constitution plays a crucial role in establishing a democratic government through the principles of popular sovereignty, separation of powers, checks and balances, and protection of citizens' basic rights. In addition, the constitution helps maintain democracy by promoting political stability, legal certainty, the protection of minority groups, and adaptive constitutional reform in the face of social dynamics and global challenges. Thus, strengthening the implementation of the constitution and its adaptability are key factors in maintaining democracy.
EFEKTIVITAS PERAN BPSK DALAM PENYELESAIAN SENGKETA KONSUMEN DITINJAU DARI DAYA IKAT PUTUSAN Agustini, Sri; Miasiratni, Miasiratni
Ensiklopedia of Journal Vol 8, No 2 (2026): Vol. 8 No. 2 Edisi 3 Januari 2026
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/eoj.v8i2.3728

Abstract

The Consumer Dispute Settlement Agency (BPSK) was established as an alternative dispute resolution body between consumers and business actors that emphasizes efficiency, simplicity, and low cost. Law Number 8 of 1999 on Consumer Protection stipulates that BPSK decisions are final and binding. However, in practice, the binding force and enforcement of BPSK decisions still encounter significant obstacles, particularly due to the possibility of filing objections before the District Court and the absence of independent executorial power. This study aims to analyze the effectiveness of BPSK’s role in resolving consumer disputes by focusing on the binding force and implementation of its decisions. This research employs a normative legal method using statutory and conceptual approaches. The findings indicate that although BPSK decisions are normatively declared final and binding, their practical effectiveness remains limited and has not fully ensured legal certainty for consumers. Therefore, strengthening the regulatory framework and enforcement mechanisms is necessary to enhance the effectiveness of BPSK in providing legal protection for consumers.Keywords: BPSK, Consumer Protection, Decisions
EFEKTIFITAS MEDIASI DALAM PENYELESAIAN PERKARA PERCERAIAN DI PENGADILAN AGAMA PADANG Miasiratni, Miasiratni; Agustini, Sri; Harniwati, Harniwati
Ensiklopedia of Journal Vol 8, No 2 (2026): Vol. 8 No. 2 Edisi 3 Januari 2026
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/eoj.v8i2.3735

Abstract

This study aims to analyze the effectiveness of mediation in resolving divorce cases at the Padang Religious Court. The method used was an empirical method with a qualitative-descriptive approach. Data were collected through in-depth interviews with judges, mediators, and the parties involved in the divorce process, as well as through a study of case decision documents. Data analysis was conducted descriptively to describe the mediation process and outcomes. The results indicate that mediation at the Padang Religious Court is quite effective in fostering amicable agreements, although obstacles remain, such as unpreparedness of the parties and limited mediation time. This study provides an overview of the importance of mediation as an alternative for resolving divorce disputes and serves as a reference for developing mediation practices in religious courts. Keywords: mediation, divorce, Religious Court, effectiveness, case resolution