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All Journal INTERNATIONAL JOURNAL ON LANGUAGE, RESEARCH AND EDUCATION STUDIES Pena Justisia: Media Komunikasi dan Kajian Hukum Journal of Science and Education (JSE) Indonesia Law Reform Journal (ILREJ) Asian Journal of Management, Entrepreneurship and Social Science
Tunggul Anshari SN
Faculty Of Law, Universitas Brawijaya
Automotive Engineering Chemical Engineering, Chemistry & Bioengineering Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Physics Social Sciences

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Comparison of the Legal Conditions of the State and the Division of Powers in the Constitution of Indonesia and Egypt Marianus Tefi; Tunggul Anshari, S.N; Riana Susmayanti
Asian Journal of Management, Entrepreneurship and Social Science Vol. 3 No. 02 (2023): May, Asian Journal of Management, Entrepreneurship and Social Science
Publisher : Cita Konsultindo Research Center

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

As a based on law state, Indonesia is demanded to be able to construct justice for citizens, through legal regulation. The constitution as the highest legal regulation contains basic norms that guarantee the rights of citizens, determine and divide state institutions’ structures, and limits their duties. The Indonesian constitution, which has been amended four times, can be said to be imperfect. By comparing the state's legal requirements and the pattern of distribution of power in the Egyptian Constitution, Indonesia, and Egypt have similarities in pattern for the formation of a state, which begins with the birth of a nation that lives in a certain territory, so that they have the political awareness be on one’s own and have a common will in forming their respective government systems. Meanwhile, the difference lies in the pattern of distribution of power and check and balance practices, where the power given by the constitution to the President of Egypt is greater than the others. In addition, it is also necessary to recognize the forms of application of the theory of social contract and the theory of consent of governed in both constitutions.
In Indonesia, Hope For The Omnibus Law Method As A Solution To Hyper Regulation Amirullah Amirullah; Tunggul Anshari SN; Ngesti Dwi Prasetyo
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 2 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i2.2625

Abstract

This study aims to describe the expectations of the Omnibus Law Method as a solution to regulatory problems in Indonesia. The research method used is a normative juridical approach with statutory and conceptual approaches. Analytical tools based on the SWOT framework are used to examine primary, secondary, and tertiary sources of law. Due to the overwhelming volume of federal and state laws, the government has chosen to implement sweeping "omnibus" legislation. It's true that rules may be streamlined using the Omnibus approach. One of the goals is the organization of rules, which cannot be achieved if the Formation of Legislation using the Omnibus Law approach is not executed correctly. The success and advantages of the enacted Omnibus Law will determine the future of the method's acceptance in Indonesia's legal system. The regulatory framework is inseparable from the legal underpinnings, apparatus, culture, infrastructure, information technology, and funding that sustain it. The concepts of transparency, caution, and promoting public engagement are essential in Indonesia for applying the Omnibus Law.
The Model of Simultaneous General Elections in Order To Realize Democratic Elections: Analytical Study of The Decision of The Constitutional Court No. 55/PUU-XVII/2019 Nuri Vina Mawaddah; Tunggul Anshari S. N; Dhia Al Uyun
Journal of Science and Education (JSE) Vol. 6 No. 1 (2025): Journal of Science and Education (JSE)
Publisher : CV. Media Digital Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58905/jse.v6i1.575

Abstract

This research aims to analyse the implementation of the 2019 simultaneous general elections (elections), which actually caused various problems in practice. Responding to these dynamics, the Association for Elections and Democracy (Perludem) submitted a judicial review of the Election Law to the Constitutional Court, which then resulted in Constitutional Court Decision Number 55/PUU-XVII/2019 . This research is based on two main questions. First, how is the simultaneous general election model as stated in the Constitutional Court Decision Number 55/PUU-XVII/2019 analysed in terms of the basic principles of democratic elections? Second, how is the ideal simultaneous general election model after the Constitutional Court Decision Number 55/PUU-XVII/2019 In answering these questions, this research is supported by normative legal research methods (doctrinal) with three approaches, namely the legislative approach, conceptual approach, and historical approach analysed prescriptively analytically. Based on the results of the research and analysis conducted, the following conclusions were drawn: First, with the birth of Constitutional Court Decision No. 55/PUU-XVII/2019 6 variants of the simultaneous election model. In the analysis used, the constitutional judges used historical interpretation and functional interpretation methods in deciding the constitutional simultaneous election model. Second, Constitutional Court Decision Number 55/PUU-XVII/2019 affirms the significance of Constitutional Court Decision Number 14/PUU-XI/2013 in the context of simultaneous general election arrangements. The idea of holding elections with five ballot boxes is actually not the only model that has developed in the discourse on amending the 1945 Constitution of the Republic of Indonesia. The Constitutional Court has explicitly formulated six alternative models of simultaneous elections that are considered to remain in line with constitutional principles. Among these alternatives, the fourth model is considered the most ideal to be implemented in the future simultaneous election system, given its conformity with the principles of effectiveness, efficiency and accountability in organising democratic elections.
Reconstructing the Regulation of Non-Taxable Acquisition Value in Land and Building Rights Acquisition Duty for Inheritance in Indonesia Putri Langgeng Sari; Tunggul Anshari Setia Negara; Istislam Istislam
INTERNATIONAL JOURNAL ON LANGUAGE, RESEARCH AND EDUCATION STUDIES Vol 10, No 2 (2026): Inpress
Publisher : State Islamic University of North Sumatra Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/ijlres.v10i2.30523

Abstract

This article examines the legal ambiguity surrounding the Acquisition Value of Non-Taxable Tax Objects (NPOPTKP) in the Land and Building Rights Acquisition Duty (BPHTB) on inheritance in Indonesia. The problem arises from the absence of a clear mechanism for applying NPOPTKP when inherited land or buildings are received by multiple heirs. Article 46 paragraph (6) of Law Number 1 of 2022 provides a special threshold for inheritance and testamentary grants within a direct family line and between spouses, but does not clarify whether the reduction applies to each heir, only one heir, or heirs who have previously used NPOPTKP. This normative legal research employs statutory and conceptual approaches by examining the UUHKPD, inheritance law, tax principles, legal certainty, legal protection, legal interpretation, and legislative theory. The findings indicate that the current regulation creates uncertainty in tax calculations, unequal fiscal burdens, delays in land registration, and inconsistent practices among local tax authorities. NPOPTKP in inheritance-based BPHTB should therefore be reconstructed through a subject-based, proportional, recorded, and harmonized model. Each heir must be recognized as an individual taxpayer, receive NPOPTKP according to their inheritance share, and have its use recorded in an integrated regional tax system. This model strengthens legal certainty and protection for heirs while preserving local government fiscal interests.
Constitutional Preview in Lawmaking Based on the Principle of Social Justice: Utopia or a Normative Necessity? Sheila Kusuma Wardani Amnesti; Tunggul Anshari Setia Negara
Indonesia Law Reform Journal Vol. 6 No. 1 (2026): March 2026
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ilrej.v6i1.43943

Abstract

The increasing number of judicial review petitions submitted to the Constitutional Court indicates recurring constitutional disputes arising from enacted legislation, reflecting structural weaknesses in Indonesia’s lawmaking process. These weaknesses include inadequate constitutional scrutiny during legislative drafting, inconsistencies between statutory provisions and constitutional principles, and insufficient incorporation of social justice values in legislative products. The Fifth Principle of Pancasila affirms that social justice for all Indonesians must serve as a fundamental orientation of public policy, including the legislative process. However, ex post constitutional control through judicial review remains corrective and reactive, addressing constitutional deficiencies only after laws have been enacted and have generated legal uncertainty or adverse social consequences. This article examines the urgency of implementing constitutional preview as an ex ante constitutional oversight mechanism that enables the harmonisation of Pancasila values and the norms of the 1945 Constitution of the Republic of Indonesia during the legislative drafting stage. This study employs a normative legal research method using statutory and comparative approaches, supported by Theory of Development Law, which conceptualises law as an instrument of social reform and development. The findings demonstrate that constitutional previewpotentially produces legislation that is more constitutionally compliant, socially responsive, and aligned with the principle of social justice, as constitutional concerns can be identified and addressed prior to enactment. In addition to reducing the frequency of constitutional disputes that lead to judicial review petitions before the Constitutional Court, constitutional preview can strengthen democratic legitimacy, normative effectiveness, and public trust in legislative outcomes. Therefore, constitutional preview constitutes an urgent mechanism for improving Indonesia’s legislative system and advancing socially just law grounded in the nation’s constitutional values.
Co-Authors Amirullah Amirullah Dhia Al Uyun Istislam Istislam Marianus Tefi Ngesti Dwi Prasetyo Nuri Vina Mawaddah Putri Langgeng Sari Riana Susmayanti Sheila Kusuma Wardani Amnesti