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All Journal Bengkoelen Justice : Jurnal Ilmu Hukum

Ardilafiza Ardilafiza

Universitas Bengkulu

Author-ID : 4259386

Law, Crime, Criminology & Criminal Justice

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Articles

THE STATUS OF STATE CIVIL APPARATUS COMMISSION IN STATE SYSTEM OF INDONESIA Desi Susanti; Edra Satmaidi; Ardilafiza Ardilafiza
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 10, No 2 (2020): November 2020
Publisher : Universitas Bengkulu

Along with the formation of institutions in Indonesia, it is known by the term Non-Departmental Government Institutions (LNDP) which after the enactment of the Law on State Ministries which changed department term into ministry, but at the initiative of several ministries, there were also other terms that were introduced, namely Non-Structural Institutions (LSN). One of the NonStructural Institutions (LSN) currently is State Civil Apparatus Commission. In Article 1 number 19 of Law Number 5 of 2014 concerning State Civil Apparatus is stated that the Commission of ASN, which abbreviated as KASN, is a non-structural institution which independent and free from political intervention to create ASN employee that professional and performs to provide services fairly and neutral and become adhesive and unifier of the nation. KASN was formed to supervisethe implementation of basic norms of the ethic code and behavior code of ASN as well as the Application of the Merit System in ASN’s policy and management.

JUDICIAL ANALYSIS ON THE POSITION OF LEGAL OPINION (FATWA) OF INDONESIAN COUNCIL OF ULAMA’ (MUI) IN STATUTORY REGULATION SYSTEM OF INDONESIA Pofrizal Pofrizal; Akhmad Muslih; Ardilafiza Ardilafiza
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 11, No 2 (2021): November 2021
Publisher : Universitas Bengkulu

The purpose of this research is to investigate, understand, describe, analyze and get a picture of the legal position of MUI fatwas in the statutory regulation system in Indonesia based on Law No. 12 of 2011 on Making Rules and Hierarchy of Rules. The method used in this research is normative. The results show that MUI fatwas are not included in positive law and don't have permanent legal power based on Law No. 15 of 2019 on the Amendment to Law Number 12 of 2011 on Making Rules and Hierarchy of Rules, so it cannot be legally applied to all Indonesian people. Also, fatwas of MUI cannot be a legal instrument to enforce legal act or to become the basis for imposing criminal sanctions for those who violate the law. It can only become positive law if the substance is stipulated by the authorized state institutions into laws and regulations as it is outlined in Law No. 15 of 2019 on the Amendment to Law No.12 of 2011 on Making Rules and Hierarchy of Rules.

BENCHMARK FOR DETERMINATION OF FORCED MONEY IN EXECUTION OF STATE ADMINISTRATIVE COURT JUDGMENT Muhammad Ali; Ardilafiza Ardilafiza; Jonny Simamora
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 10, No 1 (2020): April 2020
Publisher : Universitas Bengkulu

The purpose of this research is to study about Benchmark Determination of the Administrative Court Decision Execution Forced In. Research methods used in this thesis is a research type normative and descriptive analytical research specifications, and approaches used, namely, the approach Law and approach cases. From the research we concluded that since when the claimant may apply for money of enforced at the time of the initial filing a lawsuit to the Administrative Court, for their money forced / Dwangsom in a decision of the State Administrative Court, it is motivated by a petition of Plaintiff in the lawsuit to beg loading money forced / Dwangsom Defendant if lost and wayward implement administrative court ruling, benchmark application is the amount of money forced the ruling stating Plaintiff granted, judgment and decision condemnatoir who has obtained permanent legal force. Because implementing administrative court ruling is always Agency / Administrative Officers are still active, more effective and efficient if the imposition of forced currency / dwangsom taken / deducted from salaries / allowances officials concerned each month. So it is not charged to the State finances forced money order imposing sanctions / dwangsom and administratively feasible, must be followed by concrete implementing regulations relating to money forced / dwangsom to sync with the Administrative Court Act and the Law on Government Administration.

STRENGTHENING THE POSITION OF ATTORNEY IN THE 1945 CONSTITUTION OF THE REPUBLIC OF INDONESIA Muhammad Juriko Wibisono; Amancik Amancik; Ardilafiza Ardilafiza
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 11, No 1 (2021): April 2021
Publisher : Universitas Bengkulu

The arrangement of the Attorney institution of the Republic of Indonesia in the 1945 Constitution is less clear and less detailed about its position as well as its authority in law enforcement. Departing from the description of the weakness of the Attorney of the Republic of Indonesia’s position above, it is necessary to place the Attorney of the Republic of Indonesia proportionally in order to be autonomous and independent in the perspective of the rule of law theory and the power sharing theory. Based on the results of the study, it can be concluded that the position of Attorney in the 1945 Constitution which was attached in the executive domain had caused a lot of debate. The debate was focused on whether it was a right choice to practically put the Attorney as a law enforcement institution in Executive domain where it should had been legally put in judiciary domain. Furthermore, strengthening the position of Attorney in the 1945 Constitution can be done though the fifth amendment of the 1945 Constitution, therefore the adjustment of the Attorney position must be explicitly stated in the institutions within the environment of judicial power accompanied by its authority.

DISPUTE SETTLEMENT OF SIMULTANEOUS VILLAGE HEAD ELECTIONS BASED ON LAW NUMBER 6 OF 2014 ABOUT VILLAGES IN SELUMA REGENCY Nurpadliya Nurpadliya; Amancik Amancik; Ardilafiza Ardilafiza
Bengkoelen Justice : Jurnal Ilmu Hukum Vol. 12 No. 2 (2022)
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jbengkoelenjust.v12i2.25203

In general, the implementation of village head election does not escape from a conflict. Seluma Regency of Bengkulu Province is one of the regencies that has held simultaneous village head elections based on the Regulation of the Regent of Seluma Regency Number 26 of 2019 in conjunction with the Regulation of the Regent Number 21 of 2019 concerning Guidelines for Implementing Simultaneous Village Head Elections in the Seluma Regency Region. In the implementation of village head elections in Seluma Regency, conflicts have occurred. This study aims to analyze, to describe and to explain the disputes settlement of village head election which is conducted simultaneously in Seluma Regency in terms of Law Number 6 of 2014 about Villages. The study of this research was carried out by referring to juridical sociology view. The result showed that in Law no. 6 of 2014 concerning Villages, if there is a dispute in the implementation of Village Head Election, the Regent / Mayor is the party given the authority to resolve the dispute.

Co-Authors Akhmad Muslih Amancik Amancik Desi Susanti Edra Satmaidi Jonny Simamora Muhammad Ali Muhammad Juriko Wibisono Nurpadliya Nurpadliya Pofrizal Pofrizal

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