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Non-Formal Legitimacy of Constitutional Change and Public Perception in The Reform of the 1945 Constitution Through Constitutional Court Decisions Hasanah, Siti; Jiwantara, Firzhal Arzhi
Jurnal IUS Kajian Hukum dan Keadilan Vol. 13 No. 3 (2025): Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v13i3.1841

Abstract

Problematics of the legitimacy of non-formal constitutional changes through judicial decisions in the context of constitutional reform in Indonesia, with a focus on public perception as the main determinant of acceptance or rejection of these changes. Constitutional changes that do not go through formal procedures, carried out through the interpretation of judicial institutions, raise debates about the limits of institutional authority and the integrity of basic norms in the legal system. The purpose of the study was to evaluate how public perception affects the legitimacy of non-formal constitutional change through constitutional court decisions. This research uses a juridical-normative approach with the support of qualitative data analysed descriptively and evaluatively on several Constitutional Court decisions that are considered to contain elements of changes in constitutional norms. The novelty of this research lies in emphasizing the analysis of the relationship between public perception, trust in judicial institutions, and the direction of constitutional reform. The results show that without public support, constitutional change through non-formal channels risks delegitimization, and has the potential to create a crisis of confidence in constitutional institutions. This research contributes to promoting transparency, participation and accountability in the practice of judicial-based constitutional reform.
Authority of the Mataram City Regional Supervisory Council to Examine Notaries Based on Permenkumham Number 15 of 2020 Baiq Silvia Yustiari; Siti Hasanah; Firzhal Arzhi Jiwantara; Nurjannah Septyanun
International Journal of Health, Economics, and Social Sciences (IJHESS) (Special Issue) - International Journal of Health, Economics, and Social Sciences (IJHESS) July 2025
Publisher : Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56338/ijhess.v7i4.8062

Abstract

This study aims to analyze the regulation and implementation of the authority of the Mataram city notary supervisory council on notary examinations based on the Minister of Law and Human Rights Regulation number 15 of 2020. Normative-empirical research with legislative, conceptual and sociological approaches in qualitative descriptive analysis, the data used are primary, secondary and literature research materials and field research. Concluded; First, the authority of the notary supervisory council in Mataram City is guidance for preventive measures and supervision of repressive actions. Second, the obstacles in carrying out notary supervision in Mataram City are; The legal factor needs to be added to the content material that regulates administrative sanctions, both in the form of verbal reprimands, written reprimands and dismissals for members and the content of the authority to determine sanctions by the Notary MPD. Meanwhile, law enforcement factors need to reschedule the schedule during the Notary examination so that all the objectives can be present so that the examination is maximized, and the role of the NTB Notary MPW to provide education and training, FGD and socialization of regulations so as to provide the same understanding in the Notary examination in Mataram City.
Rights Fulfillment of Children From Mixed Marriages to Obtain Indonesian Citizenship Based on Law Number 12 of 2006 Kukoh Iqbal; Siti Hasanah; Firzhal Arzhi Jiwantara; Nurjannah Septyanun
International Journal of Health, Economics, and Social Sciences (IJHESS) (Special Issue) - International Journal of Health, Economics, and Social Sciences (IJHESS) July 2025
Publisher : Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56338/ijhess.v7i4.8160

Abstract

This research aims to analyze the regulation and implementation of fulfilling the rights of children from mixed marriages to obtain Indonesian citizenship based on Law Number 12 of 2006. Normative-empirical research with legislative, conceptual and sociological approaches in qualitative descriptive analysis. Data used are primary, secondary and literature research materials and field research. The conclusions are; First, Law Number 12 of 2006 grants limited dual citizenship status to children born from mixed marriages after its enactment on August 1, 2006. However, to ensure legal certainty, children born from mixed marriages before the law was enacted are required to register themselves. Second, the terminology 'child with dual citizenship' in the Law implies that if another country, based on its regulations, recognizes a child from a mixed marriage as its citizen, then they fall under this category. Meanwhile, there isn't any country that explicitly, based on its provisions, does not recognize children from mixed marriages as its citizens. Third, the process of fulfilling the citizenship rights of children born from mixed marriages is burdened upon the individual concerned. Consequently, any negligence in administrative processes, requirements, and procedures can lead to the loss of Indonesian citizenship. Fourth, the implications of losing Indonesian citizenship for children from mixed marriages can have legal and sociological impacts.
Analysis of the Implementation of Public Services in an Electronic-Based Government System (Mataram City Study) Lalu Rakhmat Suryaningrat; Siti Hasanah; Firzhal Arzhi Jiwantara; Nurjannah Septyanun
International Journal of Health, Economics, and Social Sciences (IJHESS) (Special Issue) - International Journal of Health, Economics, and Social Sciences (IJHESS) July 2025
Publisher : Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56338/ijhess.v7i3.8161

Abstract

This research aims to analyze the laws and regulations on the electronic-based government system in Mataram City as an effort to improve fast, efficient and affordable public services and to describe the implementation of applications in public services in Mataram City and formulate relevant solutions. Normative-empirical research with legislative, conceptual and sociological approaches in qualitative descriptive analysis, the data used are primary, secondary and literature research materials and field research. Dto conclude; First, SPBE in the government system is needed in order to provide better service to the community, which in principle has been regulated in Presidential Regulation Number 95 of 2018 concerning Electronic-Based Government Systems. And second, the Mataram City Regional Government is committed to implementing electronic-based public services, namely with the issuance of Regional Regulation Number 3 of 2020 concerning the Implementation of Electronic-Based Government Systems and Mataram Mayor Regulation Number 20 of 2024 concerning Guidelines for the Implementation of SPBE. And through Diskominfo, it has managed 14 information technology services with each service application effectively
The Enforcement of Disciplinary Sanctions Against Civil Servants Based On Law Number 20 Of 2023 Salahudin Salahudin; Siti Hasanah; Firzhal Arzhi Jiwantara
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i2.4074

Abstract

The concept of applying disciplinary consequences against Civil Servants (PNS) in accordance with Law Number 20 of 2023 is discussed in this article. In this article, a review of this statute is used to investigate essential aspects of the enforcement of disciplinary sanctions against civil officials. These features include the procedures that must be executed. subsequently, the categories of infractions that may be subject to disciplinary sanctions, as well as the sanctions that may be applied during the course of the violation. In order to maintain discipline and integrity in the work environment of civil servants, as well as to enforce applicable legal restrictions, it is essential to have the notion of implementing disciplinary consequences. Within the context of this discussion, this article also addresses the difficulties that may be encountered when enforcing disciplinary sanctions, as well as the efforts that are being made to improve the efficiency of the system that is used to enforce disciplinary sanctions. In the hopes of achieving a more professional, transparent, and accountable working environment among public officials, it is believed that a more in-depth understanding of the notion of imposing disciplinary sanctions would be attained
Legal Analysis of the Implementation Process of Simultaneous Village Head Elections In East Lombok Based on The Stipulations of Law Number 6 of 2014 Khaerul Ihsan; Firzhal Arzhi Jiwantara; Siti Hasanah
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.4813

Abstract

Based on the terms of Act No. 6 of 2014 on the village, this study focuses at the implementation stage of the election of a village chief in the eastern Lombok district. The purpose of this study is to examine the legal processes that must be followed in order to choose a village chief and how these rules are actually implemented in the field. This research combines literary studies, legislative-legislative techniques, and normative jurisprudential procedures. The study's findings demonstrated that the East Lombok district's simultaneous head of village election has been conducted in accordance with the procedures outlined in Act No. 6 of 2014, which include the stages of preparation, candidate registration, campaigning, voting, tabulating votes, and determining the election's outcome. Nonetheless, there are several implementation roadblocks that must be overcome, like the public's poor socialisation of legislation and technical issues with the voting procedure. In order to make future improvements to the village chief election system, this article recommends increased socialisation, training for the election committee, and continuous evaluation.
Imposition Of Criminal Sanctions for Minor Criminal Actions of Theft (A Case On Judgement Number 826/Pid.B/2023/Pn.Mtr) Santi Mandasari; Rina Rohayu Harun; Firzhal Arzhi Jiwantara; Nurjannah Septyanun
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.4825

Abstract

The imposition of criminal sanctions for minor criminal actions, such as theft, presents a complex and multifaceted challenge for legal systems worldwide. This study examines the imposition of criminal sanctions for minor theft offenses, with a specific focus on the case adjudicated under Judgment Number 826/Pid.B/2023/Pn.Mtr. The research aims to analyze the legal reasoning behind the court's decision, the proportionality of the sanctions imposed, and the broader implications for the criminal justice system. Utilizing a qualitative approach, this study involves a detailed case analysis, reviewing court documents, and interviews with legal experts. Findings indicate that while the court adhered to statutory guidelines, there were significant considerations regarding the socio-economic background of the offender and the value of the stolen property. The study concludes that although the sanctions imposed were within legal parameters, there is a need for a more nuanced approach that considers restorative justice principles. This research contributes to the ongoing discourse on criminal justice reform, particularly concerning minor offenses, and advocates for policy adjustments that balance deterrence with rehabilitation.
The Interpretation of Article 127 of Law Number 35 of 2009 on Narcotics in Addressing Drug Abuse through Restorative Justice Made Wardika; Rina Rohayu Harun; Firzhal Arzhi Jiwantara
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.4890

Abstract

Narcotics crime refers to a range of illegal activities involving the distribution, purchase, sale, possession, and abuse of drugs without proper authorisation. These activities cause harm to both the broader community and the individuals involved. Restorative Justice has emerged as a response. Its primary focus is to resolve cases involving drug abusers who are addicted to narcotics. In addition to Restorative Justice, there is an alternative for rehabilitating narcotics abusers through the involvement of police investigators, the prosecutor's office, or decisions made by judges. The purpose of this study is to analyse the relationship between the interpretation and execution of Article 127 of Law No. 35 on Narcotics and Restorative Justice, based on literal interpretation. Based on the analyses, the enforcement of Article 127 of Law No. 35 of 2009 on Narcotics, which focuses on Restorative Justice, has been supported by multiple regulations. However, the law's implementation has not aligned with expected standards and legislation, leading to ambiguity in Article 112 and Article 127. This ambiguity creates opportunities for unscrupulous law enforcement to make illicit gains, increasing the incidence of drug-related offenses. The author proposes an immediate revision of Law No. 35 of 2009 concerning Narcotics due to the ambiguity in the law's article parts and the current legal framework's inability to effectively curb opioid misuse.
ANALISA BATAS KEWENANGAN BHABINKAMTIBMAS DALAM PENGAWASAN ANGGARAN DANA DESA M. Dawud Rizkyandi; Taufiqurrahman Taufiqurrahman; Firzhal Arzhi Jiwantara
Jurnal Ilmiah Hospitality Vol 11 No 1: Juni
Publisher : Sekolah Tinggi Pariwisata Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47492/jih.v11i1.1828

Abstract

The police is one of the functions of the state government in the field of maintaining security and public order, upholding the law, and providing protection, stability and community service in order to maintain domestic security, in the implementation of the task of implementing police partnerships with the community is very important in smoothly implementing police objectives in their duties, namely the maintenance of security and order in the community, methods that Used is a normative legal research method with a regulatory approach and conceptual approach, in this study willdescribe the form of authority and what can be done by the police, especially bhabinkamtibas in an effort to control the budget, supervision is carried out so as not to achieve abuse of authority so that the achievement of village welfare is far from the occurrence of corruption collusion and nepotism