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All Journal AL-Daulah Arena Hukum Veritas et Justitia Pembaharuan Hukum JURNAL ILMIAH ADVOKASI PEDAGOGIKA JSIKTI (Jurnal Sistem Informasi dan Komputer Terapan Indonesia) Edu Sociata : Jurnal Pendidikan Sosiologi Jurnal Hukum dan Pembangunan Journal of Islamic Economic Scholar Jatijajar Law Review
Adam Setiawan, Adam
Jurusan Administrasi Publik Fakultas Ilmu Sosial dan Ilmu Politik Universitas Diponegoro
Religion Humanities Computer Science & IT Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Transformation of Prophetic Law in Pancasila Values Viewed from the Wadas Village Conflict Setiawan, Adam
Al-Daulah : Journal of Criminal Law and State Administration Law Vol 11 No 1 (2022): (June)
Publisher : Jurusan Hukum Tatanegara Fakultas Syariah dan Hukum Universitas Islam Negeri Alauddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/ad.v1i2.28247

Abstract

The conflict that occurred in Wadas Village shows that the government uses a power approach and repressive measures. This is in line with the perspective of legal positivism. Therefore, legal positivism has been judged to be incompatible with legal developments in Indonesia, giving rise to new perspectives, one of which is prophetic law. The purpose of the reaserch was to determine the extent of the transformation of professional law contained in Pancasila and to find out in the development of law in Indonesia by looking at the cases that occurred in Wadas Village. This research used narrative qualitative type, in the form of stories, events, written and unwritten documents. The results of the study show that the essence of prophetic law is to make religious values an important part in building civilization. Prophetic law refers to the will of Allah SWT which was revealed through the Prophets and Rasul, the Mualim and Aulia who are always istiqomah and hold fast to the ilahiyah line or sunnatullah. The prophetic legal foundation in Pancasila, Pancasila is the objectification of Islam in Indonesia. This means that Islam is its objective form in the crystallization of Pancasila thought. In the context of the Wadas Village conflict, the government uses a professional paradigm that prioritizes the interests of the community and uses a persuasive approach that leads to common interests, in order to know the will of the residents with the aim of making joint decisions without the interests of the Wadas Village residents.
PELAKSANAAN FUNGSI REKOMENDASI OMBUDSMAN REPUBLIK INDONESIA TERHADAP KEPALA DAERAH Setiawan, Adam
Veritas et Justitia Vol. 6 No. 2 (2020): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v6i2.3657

Abstract

The author grapples with the issue of how Heads of Regional government respond to Ombudsman’s recommendations, suggesting correction of public service failures, and what are the legal repercussions if those regional government heads chose to disregard such recommendation. Relevant legal norms - identified from existing legal sources - shall be discussed.  It is suggested that Heads of Regional Governments are under the legal obligation to heed the given recommendation and rectify the government error as proposed.  In practice, recommendations can and have been on numerous times been ignored.  Administrative sanctions, i.e. obligatory special re-training-education programs, in the case of failure to meet Ombudsman’s recommendation, has been dismissed with impunity by both the Ministry of Home Affairs and the Heads of Regional/Local government, by reason of political or legal considerations.
Paradigma Positivisme Hukum John Austin Di Era Posmodernisme Setiawan, Adam; Ismail, Rezky Robiatul Aisyiah
Arena Hukum Vol. 16 No. 3 (2023)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum.2023.01603.3

Abstract

The purpose of this research is to find out how the legal positivism paradigm of John Austin in the era of postmodernism and explain the relevance of legal positivism in law enforcement in Indonesia. This research uses method of philosophy of law. The results are that John Austin's legal positivism paradigm in the era of postmodernism is increasingly losing its way because it is exclusive. The legal positivism paradigm cannot be a guidance in law because the shortcomings of the legal positivism paradigm include the legal positivism paradigm constructed by Austin that is unable to accommodate important aspects outside the specified elements such as ethical, moral, and religious elements. Although, the paradigm of legal positivism in Indonesia has become the main point of law enforcement because of the continental European legal tradition. However, in practice the legal positivism paradigm is not compatible with the existing legal patterns in Indonesia because: (1) Indonesian society is heterogeneous; (2) Social, political, and economic developments are transforming so rapidly that the law is lagging behind; and (3) Indonesian people are religious but have no absolute ideology of religion.
Co-Authors Asyikin, Nehru Fatma Hidayati, Fatma Fauzi Ahmad Muda Hanafi, Syadeli Hungan, Fani Clarais Ismail, Rezky Robiatul Aisyiah Isnawati Isnawati Merrisa Monoarfa Nurhikmah H, Nurhikmah H Putri, Yesi Septia PUTU SUGIARTAWAN