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All Journal Analisis: Jurnal Studi Keislaman Brawijaya Law Journal : Journal of Legal Studies Jurnal Hukum IUS QUIA IUSTUM JURNAL MAHKAMAH JOURNAL EQUITABLE Legal Standing : Jurnal Ilmu Hukum Jurnal Yuridis Prophetic Law Review Rahmatan Lil’alamin Journal of Community Services (RLA) Staatsrecht: Jurnal Hukum Kenegaraan dan Politik Islam Law Journal South East Asian Journal of Advanced Law and Governance Journal Of Advance In Social Sciences And Policy
Despan Heryansyah, Despan
Universitas Islam Indonesia
Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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The Complexity of Village Democracy Problems in Law Number 6 of 2014 Concerning Village Heryansyah, Despan; Agustian, Tomi; Kalsum, Afif Ummi
JASSP Vol. 1 No. 2 (2021)
Publisher : LPPM Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23960/jassp.v1i2.36

Abstract

The implementation and institutionalization of democracy with the absence of substantial democratization in the lower level of community does necessarily cause a problem. What it has been becoming a culture and being embraced by people for hundred or even thousand years, would be difficult to be transformed, even though its canalization is in the form of constitution. It may work in the conceptual level yet it may find obstacles in the implementation one. This condition influences the implementation of Village Constitution. The village democracy institutionalization is the focus of this study that covers three forms, they are: the election of village head, the village head election disputes, and term of office of village head. The research method of this study is normative-juridical. The writer initially studied the juridical provisions concerning the three main problems above, and then analyzed the implementation problems in the field. The result of this research showed that the direct election of village heads, village head election disputes done by the regional head, and term of office of the village head office for six (6) years in three periods as it is written on Laws Number. 6 of 2014, causes many problems theoretically as well as philosophically. The result of this study is described descriptively and analytically in the analysis part
Constitutional Reinforcement of the Integration of Indonesian and Islamic Values Mahfud MD, Moh.; Heryansyah, Despan
Prophetic Law Review Vol. 7 No. 2 December 2025
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/PLR.vol7.iss2.art2

Abstract

The importance of reaffirming the fundamental values of Indonesian arises from the emergence of issues such as radicalism, terrorism, intolerance, ethnicity, religious, racial, and intergroup-related conflicts, social and economic inequality, poor law enforcement and justice system, and many other social problems. This situation is further exacerbated by additional social, political, legal, and constitutional challenges. In addressing these issues, strengthening the rule of law based on the protection of human rights remains an imperative. However, reinforcing the fundamental values of Indonesian is equally crucial. Indonesian fundamental values are deeply rooted in and derived from the national identity of its people. This article focuses on three research questions. How to put religion and its values in the Indonesian fundamental values? How do Indonesian fundamental values deal with current political and legal turbulence? How does the implementation of Indonesian fundamental value pluralism in the legal system? This article is based on doctrinal research involving secondary data. This study found that Pancasila as the foundation of the state constitutes a modus vivendi or noble consensus, or mîtsâqon ghalîdzâ in a religious sense, so Indonesian Muslims should accept Pancasila as mîtsâqon ghalîdzâ. The strength of the national bond also stems from the commitment to the implementation of a unitary national law that is rooted in Pancasila, which generates hierarchical laws based on the 1945 Constitution of the Republic of Indonesia. As the state ideology, Pancasila constitutes the primary source of all legal sources. There should be no law conflicting with the precepts of Pancasila.
Intended to Fail: The Problems of Regulating and Reviewing Discretion in Indonesia (An Empirical Study) Heryansyah, Despan; Desmalinda
Legal Standing : Jurnal Ilmu Hukum Vol. 10 No. 1 (2026): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v10i1.13414

Abstract

In accordance with the principle of the rule of law (rechtstaat), all legal actions (rechtshandelingen) and/or factual actions (feitelijke handelingen) of government officials must be based on applicable laws and regulations. However, the increasing complexity of societal life means that not all public affairs are fully regulated. Existing regulations often contain vague or open norms that provide room for interpretation, thereby requiring the exercise of administrative discretion. While discretion is necessary to ensure effective governance, its use without clear requirements, objectives, and limitations may lead to arbitrary actions that harm the public, particularly when there is limited legal space to challenge or annul such decisions. To address this issue, Law Number 30 of 2014 on Government Administration establishes provisions regarding the requirements, procedures, objectives, and review mechanisms for government discretion. Nevertheless, the regulatory framework still contains several ambiguities, resulting in practical difficulties and uncertainty for government officials in exercising discretion as well as for judges of the Administrative Court (PTUN) in reviewing disputed discretionary decisions.
Presenting a Human Rights Perspective in Administrative Law (Paradigm Offers and Administrative Court Reviewing) Heryansyah, Despan
South East Asian Journal of Advanced Law and Governance (SEAJ-ALGov) Vol 2 No 2 (2025): Digital Society, Human Rights, and Accountability
Publisher : Fakultas Hukum Universitas Gadjah Mada

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22146/seajalgov.v2i2.23314

Abstract

Human Rights have not yet become the main norm and principle in the regulation and reviewing of state administrative law in the State Administrative Court. So far, state administrative law, both at the regulatory and reviewing levels, is still identified with procedures, authorities, and orders of laws and regulations. In fact, in many ways, the products of state administrative law are very intersecting with human rights, such as the eviction of agricultural land, the takeover of housing, and so on. This research shows the opposite paradigm that state administrative law is very close and closely related to human rights, so it must be the main foothold in its regulation and reviewing. This research is a type of non-doctrinal research, using secondary data as the main study. The approaches used are the statute approach and conceptual approach. The results of the study show that theoretically, departing from the contemporary meaning of the state of law, human rights and state administrative law (as an important instrument of the state of law), become a unit that is inseparable from the meaning of the state of law itself. Meanwhile, from the juridical aspect, the interpretation of Article 28I paragraph (4) and Article 5 of the Government Administration Law, has implicitly emphasized that human rights are an inseparable part of state administration. Both as the basis for government officials/organs in carrying out government functions, and as a touchstone for State Administrative Court (PTUN) judges in adjudicating administrative cases.
Co-Authors Agustian, Tomi Anggraeni, Novi Iswa Arifin, Kamil Alfi Aslam, Bayu Muhammad Bening Mahesti Mahanani Desmalinda Dey, Nabhojit Didin Dwi Novianto Hadi, Sahid Irawa, Khasbi Andi Kalsum, Afif Ummi Lutviah, Lutviah Maziya , Fina Binazir Moh. Mahfud MD Muhammad Fadhly Rizky Octavio Pratama, Ainul Yaqin Putri Ayu Puspita Reza, Fatma Sahid Hadi Suparman Marzuki, Suparman Suparyati Suparyati Syafi'ie, M.