Zulfikar, Muhammad Nahyan
Program Studi Ilmu Hukum, Fakultas Ilmu Sosial Dan Ilmu Politik, Universitas Teuku Umar.

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PENGARUH PUTUSAN MAHKAMAH KONSTITUSI NOMOR 60/PUU-XXII/2024 TERHADAP KEKHUSUSAN PARTAI POLITIK LOKAL ACEH DALAM PILKADA 2024 Munandar, Agung; Zulfikar, Muhammad Nahyan; Darusman, Chandra; Maulana, Jefrie
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 8, No 2 (2024): Oktober
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v8i2.10345

Abstract

Law No. 11/2006 on the Governance of Aceh (UUPA) addresses only the nomination thresholds for local political parties. However, Qanun Aceh No. 12/2016 has standardized the nomination threshold for regional heads from national political parties to 15%, which conflicts with Indonesian Law No. 10/2016. The Constitutional Court Decision No. 60/PUU-XXII/2024, which reduced the threshold percentage, has resulted in a loss of specificity for local political parties in Aceh. This research aims to analyze the impact of the Constitutional Court Decision on local elections in Aceh, address the normative conflicts between local and higher regulations, elucidate the hierarchy of legislation, and propose solutions. The research employs a normative juridical method, using secondary data obtained from literature. Findings indicate that the regulation of national political parties should be governed by national laws and their derivative regulations to avoid normative conflicts, while the regulation of local political parties can be managed through regional regulations such as qanun. To resolve normative conflicts, preventive measures include harmonizing laws and regulations, while repressive measures involve either the annulment of qanun by the government or material testing by the Supreme Court and Constitutional Court concerning UUPA (Aceh Special Autonomy Law).
KEPASTIAN HUKUM KETENTUAN WAJIB MUNDUR TENAGA PENDAMPING PROFESIONAL (TPP) SEBAGAI CALON ANGGOTA LEGISLATIF Munandar, Agung; Zulfikar, Muhammad Nahyan; Muharrir, Muharrir; Adabi, Muhammad Ikhwan
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 9, No 1 (2025): April
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v9i1.11744

Abstract

A situation involving Professional Assistance Personnel (TPP) running for legislative office has emerged in Langkat District. Two legislative candidates from the National Awakening Party (PKB) are also registered Village TPPs. Concurrently, Komnas HAM received a complaint alleging that the Ministry of Villages (MoV) terminated the employment of 1,040 TPPs because they became legislative candidates. However, the TPP employment contracts reportedly lack clauses prohibiting political candidacy, raising legal questions regarding the employment status of TPPs. This study aims to determine the regulations concerning the resignation requirements for TPPs seeking legislative office, in accordance with applicable legislation. Employing a socio-legal approach, the research finds that TPPs are eligible to run as legislative candidates provided they meet the necessary requirements. Nevertheless, TPPs must resign from their positions because funding for TPP roles originates from the state budget. TPPs are considered Ministry personnel, and those committing serious violations, such as serving in political party management, face sanctions including dismissal.
Membangun Kesadaran Hukum Berlalu Lintas melalui Pendekatan Komunikasi Publik Muharrir, Muharrir; Jalaluddin, Jalaluddin; Zulfikar, Muhammad Nahyan; Munandar, Agung
Lok Seva: Journal of Contemporary Community Service Vol 4, No 2 (2025)
Publisher : Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/lokseva.v4i2.14391

Abstract

The increasing number of motor vehicles is not always accompanied by compliance with traffic regulations, contributing to a high rate of traffic violations and accidents. This issue is not only related to technical and infrastructural aspects but also to social behavior and public legal awareness. This article aims to analyze efforts to improve traffic law awareness through a public communication approach implemented in a community service program in Gampong Ujong Tanoh Darat, Meureubo District, West Aceh Regency. The program employed an educational and communicative approach through legal counseling and interactive discussions. The materials covered the concept of legal awareness, the legal basis of traffic regulations, and types of violations along with sanctions. Evaluation was conducted qualitatively through direct observation and oral questioning during the activity involving 27 participants. The results indicate that the public communication approach enhanced community understanding of traffic law, reflected in an approximately ±20% upward trend in participants’ understanding, and encouraged a shift in compliance patterns from reactive behavior toward compliance based on internal legal awareness. The activity also demonstrated a change in community perceptions of the law, from a coercive set of rules to a shared guideline for maintaining traffic safety and order.
Rekonstruksi Masa Jabatan Keuchik di Aceh Pasca Putusan Mahkamah Konstitusi Nomor 40/PUU-XXIII/2025 Munandar, Agung; Zulfikar, Muhammad Nahyan; Muharrir, Muharrir; Sari, Putri Kemala
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 10, No 1 (2026): April
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v10i1.15045

Abstract

The regulation of the term of office of keuchik (village head) in Aceh reflects a normative conflict between Law Number 11 of 2006 concerning the Governing of Aceh (UUPA) and Law Number 6 of 2014 concerning Villages as amended by Law Number 3 of 2024. UUPA stipulates a six-year term of office, while the Village Law provides an eight-year term for village heads. This difference creates legal dualism and raises issues of legal certainty, particularly after the Constitutional Court Decision Number 40/PUU-XXIII/2025, which upheld the validity of the UUPA provisions. This study aims to analyze the position of UUPA within the hierarchy of laws and regulations, examine the application of the principle of lex specialis derogat legi generali, and assess the juridical implications of the Constitutional Court’s decision. This research employs a normative juridical method using statute, conceptual, and case approaches. The findings reveal that the application of lex specialis in this context is partial and inconsistent, as the specific regulation is only maintained in relation to the term of office, while other aspects of village governance, including governance mechanisms at the gampong (village) level, follow national legal frameworks. This inconsistency leads to disharmony within the legal system. Therefore, the reconstruction of the term of office of keuchik becomes necessary by aligning it to eight years, accompanied by strengthened oversight mechanisms to ensure accountability and prevent abuse of power.