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HUBUNGAN ANTARA EQUALITY BEFORE THE LAW DALAM PENEGAKAN HUKUM DI INDONESIA DENGAN HARMONISASI KONFLIK ANTAR LEMBAGA PENEGAK HUKUM Saputra, DADIN EKA
Syariah: Jurnal Hukum dan Pemikiran Vol 15, No 1 (2015)
Publisher : Universitas Islam Negeri Antasari Banjarmasin

This paper aims to analyze the relationship between the application of the legal principle ofequality before the law in law enforcement in Indonesia with the harmonization of conflict between thestate institutions and the National Police Commission. The method used in this research is normativejuridical, namely research in the review by reference and based on the norms and rules of law, thelegislation in force, theories and doctrines of law, jurisprudence, and materials other literature relevantto the research topic. From the analysis of the data, it can be concluded that there is a recognition of theprinciple of normative and empirical rule of law, namely that all the issues are resolved with the law asthe supreme guidance. Normatively either in the Constitution of the Republic of Indonesia Year 1945,and in Undang-Undang Nomor 39 Tahun 1999 on Human Rights, the principle of equality of treat-ment before the law has been published in a comprehensive manner, as the rights that must be re-spected, guaranteed, protected and met by the state. Disharmony between institutions or law enforce-ment agency that is now emerging, should be immediately solved by basing the legislation that exists.

KEDUDUKAN UNDANG-UNDANG DAN PERPPU DALAM PERSPEKTIF PENAFSIRAN HUKUM TATA NEGARA Saputra, Dadin Eka
Khazanah: Jurnal Studi Islam dan Humaniora Vol 13, No 1 (2015)
Publisher : UIN Antasari

Abstract: It is stated in the fourth amendment of 1945 constitution in Article24 C (1) that the Constitutional Court have the power to have final decision/judgment at first and last level to examine Law toward Constitution, to decidethe dispute of authority of state institutions granted by the Constitution, thedissolution of political parties, and the dispute as the results of the elections.Around this time, there are a lot of the problems, especially in the interpretationof the authority given to the Constitutional Court by the Constitution inorder to examine the Law against the Constitution, if it is associated with LawNo. 12 of 2011 on the Establishment of Regulatory of Law, article 7 (1)which states that the type and hierarchy of legislation consists of: a) Constitutionof Republic of Indonesia of 1945; b) Decree of the People’s ConsultativeAssembly; c) Laws/Government Regulation substitute of Law; d)Government Regulation; e) Presidential Decree; f) Provincial Regulation; andg) Regulation of City/District. Therefore, deep analysis study about interpretationof Laws and Government Regulation of substituting law in terms oftheories of Constitutional Law is required.

HUBUNGAN ANTARA EQUALITY BEFORE THE LAW DALAM PENEGAKAN HUKUM DI INDONESIA DENGAN HARMONISASI KONFLIK ANTAR LEMBAGA PENEGAK HUKUM Saputra, DADIN EKA
Syariah: Jurnal Hukum dan Pemikiran Vol 15, No 1 (2015)
Publisher : Universitas Islam Negeri Antasari Banjarmasin

This paper aims to analyze the relationship between the application of the legal principle ofequality before the law in law enforcement in Indonesia with the harmonization of conflict between thestate institutions and the National Police Commission. The method used in this research is normativejuridical, namely research in the review by reference and based on the norms and rules of law, thelegislation in force, theories and doctrines of law, jurisprudence, and materials other literature relevantto the research topic. From the analysis of the data, it can be concluded that there is a recognition of theprinciple of normative and empirical rule of law, namely that all the issues are resolved with the law asthe supreme guidance. Normatively either in the Constitution of the Republic of Indonesia Year 1945,and in Undang-Undang Nomor 39 Tahun 1999 on Human Rights, the principle of equality of treat-ment before the law has been published in a comprehensive manner, as the rights that must be re-spected, guaranteed, protected and met by the state. Disharmony between institutions or law enforce-ment agency that is now emerging, should be immediately solved by basing the legislation that exists.

KEDUDUKAN UNDANG-UNDANG DAN PERPPU DALAM PERSPEKTIF PENAFSIRAN HUKUM TATA NEGARA Saputra, Dadin Eka
Khazanah: Jurnal Studi Islam dan Humaniora Vol 13, No 1 (2015)
Publisher : UIN Antasari Banjarmasin

Abstract: It is stated in the fourth amendment of 1945 constitution in Article24 C (1) that the Constitutional Court have the power to have final decision/judgment at first and last level to examine Law toward Constitution, to decidethe dispute of authority of state institutions granted by the Constitution, thedissolution of political parties, and the dispute as the results of the elections.Around this time, there are a lot of the problems, especially in the interpretationof the authority given to the Constitutional Court by the Constitution inorder to examine the Law against the Constitution, if it is associated with LawNo. 12 of 2011 on the Establishment of Regulatory of Law, article 7 (1)which states that the type and hierarchy of legislation consists of: a) Constitutionof Republic of Indonesia of 1945; b) Decree of the People?s ConsultativeAssembly; c) Laws/Government Regulation substitute of Law; d)Government Regulation; e) Presidential Decree; f) Provincial Regulation; andg) Regulation of City/District. Therefore, deep analysis study about interpretationof Laws and Government Regulation of substituting law in terms oftheories of Constitutional Law is required.

Analisis Yuridis Terhadap Larangan Kegiatan Pada Bulan Ramadhan Dalam Perspektif Konstitusi Al Hasanie, Ryan; Saputra, Dadin Eka; Ridho, M. Rosyid
Media Hukum Indonesia (MHI) Vol 2, No 3 (2024): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.13764282

Ramadan is a month that is holy and full of mercy, a month full of favors and full of forgiveness for every Muslim. To create a solemn and comfortable Ramadan fasting for Muslims in the City of Banjarmasin, the government of the City of Banjarmasin passed the RegionalxRegulation of the City of Banjarmasin Number 4 of 2005 concerningxAmendments to the RegionalxRegulationxof the City of Banjarmasin Number 13 of 2003 concerning Prohibitionxof Activitiesxduring the Monthxof Ramadan. This regional regulation contains a ban on opening stalls, restaurants, rombong, cafes and the like during fasting time or during the day and is only allowed to sell in the afternoon at 17.00 WITA. As well as a ban on activities in entertainment venues for a full month. This regional regulation also includes sanctions that apply to business actors and the public who are found to have violated this regional regulation. The formulation of thexproblem inxthis studyxis how to regulate the law regarding the prohibition of activities in the month of Ramadan according to the Regional Regulationxof the City of Banjarmasin Number 4 of 2005 concerning Amendments to the RegionalxRegulation of the City of Banjarmasin Number 13 of 2003 concerning the Prohibitionxof Activities in the Monthxof Ramadan and how is the Juridical Analysis of the RegionalxRegulations of the City of Banjarmasin Number 4 of 2005 concerning Amendments to Banjarmasin City Regional Regulation Number 13 of 2003 concerning Prohibition of Activities in the Month of Ramadan in a Constitutional Perspective. Thextype of research used is casexstudy research using normative methods. In thisxstudy, researchers seek and obtain information through literature, journals, laws and regulations, internet browsing, and other documents. In this case the researcher looks for the books needed.

Urgensi Pembatasan Periodisasi Anggota Lembaga Perwakilan Rakyat Dalam Sistem Ketatanegaraan Indonesia Aulia, Pandhit Jauharlal Nehru Sultan; Saputra, Dadin Eka; Ridho, M. Rosyid
Media Hukum Indonesia (MHI) Vol 3, No 1 (2025): March
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.14799074

Judging from the continuation of leadership that exceeds the period limit determined by the Constitution, this can lead to the risk of arbitrary power and criminal acts of corruption occurring, because power continues to be maintained.The aim of this research is specifically aimed at answering two things. First, this research aims to determine the legal implications of not limiting the periodization of members of the People's Representative Council in the Indonesian constitutional system. Second, to identify and find appropriate forms of legal regulation in limiting the periodization of members of the House of Representatives.The research method used is normative juridical with a statutory regulatory approach, also known as library legal research.The results of this research indicate that the legal implications of not limiting the periodization of members of people's representative institutions in the Indonesian constitutional system, namely, the mandate or guarantee of the right to obtain equal opportunities in government as a constitutional mandate is not implemented, degrades the meaning of people's representation in the Indonesian constitutional system, and does not realize appropriate treatment. universal and balanced between legislative candidates, and the existence of political dynasties within the body of the people's representative institutions which will become an important problem and threaten the country, and there will be a tendency towards static thinking which will hinder the nation's progress.

Effectiveness of the Principle of Dominus Litis in Enforcement of Criminal Procedure with Legal Certainty Saputra, Dadin Eka
Journal of Law Science Vol. 7 No. 3 (2025): July: Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v7i3.6480

Study This to study effectiveness implementation the principle of dominus litis in system enforcement criminal procedure law in Indonesia which emphasizes importance certainty law. The principle of dominus litis as principle that prosecutor's office own control main in the investigation and prosecution process, plays a role important in system justice criminal. However, its implementation must balanced with strengthening harmonization regulation legislation related For avoid overlap overlap authority between institution enforcer law, in particular between police and prosecutors. Findings study show that implementation the principle of dominus litis which is not notice principle differentiation functional and provisions of the Criminal Procedure Code can cause conflict authority and inhibit achievement effective and efficient justice. Therefore? that, recommendation given so that the government in formulate policy more notice protection law for public seeker justice, with to uphold principle certainty law as guidelines main judicial process criminal . Research This give contribution important in understanding and development system justice just and based on criminal law certainty law

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