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Kebijakan G20 Sebagai Nafas Baru Bagi Lalu Lintas Devisa di Era Crossborderless Dalam Hukum Perdagangan Internasional Deli Bunga Saravistha; Gede Yoga Satrya Wibawa; I Nyoman Suandika; Kadek Dedy Suryana
KERTHA WICAKSANA Vol. 17 No. 1 (2023)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/kw.17.1.2023.15-22

Dibentuk pada Tahun 1999 lalu yang membawa tujuan mulia dan bersahabat bagi antar negara anggota untuk mewujudkan stabilitas perekonomian internasional. G20 mengadakan KTT pertamanya pada November 2008 guna membahas krisis keuangan global yg merupakan dampak dari krisis keuangan di AS pada masa itu. Pertemuan rutin yang diadakan setiap tahun ini memiliki tuan rumah atau Presidensi yang ditentukan secara konsensus yang akan bergiliran setiap tahunnya. Tahun 2022 ini adalah kesempatan milik Indonesia. Negara-negara dalam G20 adalah negara yang punya peranan besar dalam perekonomian. Negara-negara dimaksud diantaranya adalah Argentina, Australia, Brazil, Kanada, Cina, Uni Eropa, Jerman, Prancis, India, Indonesia, Italia, Jepang, Meksiko, Rusia, Arab Saudi, Afrika Selatan, Korea Selatan, Turki, Britania Raya/Inggris, Amerika Serikat. Tujuan dalam penelitian ini adalah untuk mengetahui Bagaimanakah sistem lalu lintas devisa dan sistem nilai tukar di Indonesia dalam mendukung Indonesia menarik penanam modal asing. Metode penelitian ini adalah metode penelitian yuridis normatif yaitu dalam penelitian hukum ini, hukum dikonsepkan sebagai apa yang ditulis dalam peraturan perundang-undangan (law in books) atau hukum dikonsepkan sebagai kaidah atau norma yang merupakan patokan berperilaku manusia yang dianggap pantas. Berdasarkan hasil penelitian dahulu G20 telah membahas mengenai isu bangkitnya dari krisis global. Kini perkembangan dan kemajuan iptek telah membuat perubahan signifikan khususnya di jalur lalu lintas devisa. Telah tercipta dunia tanpa batas negara atau disebut sebagai dunia digital. Segala perubahan tentunya membawa pengaruh buruk dan baik sekaligus. Maka penting untuk mengkaji, meneliti dan menganalisis Optimalisasi model kebijakan yang seharusnya dibentuk dalam pertemuan ini agar sesuai dengan kebutuhan dan perkembangan masyarakat global dan mengkaji, meneliti dan menganalisis langkah preventif untuk dapat mencegah kerugian negara akibat adanya lalu lintas devisa yang crossborderless.

KEWENANGAN DEWAN KEHORMATAN PENYELENGGARA PEMILIHAN UMUM MENGADILI PENYALAHGUNAAN WEWENANG PENYELENGGARAAN PEMILU I Nyoman Sugiarta; I Nyoman Suandika; Kadek Dedy Suryana
Nusantara Hasana Journal Vol. 4 No. 2 (2024): Nusantara Hasana Journal, July 2024
Publisher : Yayasan Nusantara Hasana Berdikari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59003/nhj.v4i2.1171

The purpose of this research is to analyze the authority to adjudicate abuse of authority, as well as to understand the practice of adjudicating complaints of abuse of authority by the Honorary Council of General Election Organizers. The method used in preparing this research is a juridical-normative approach, namely research that focuses or examines the application of legal norms or rules in positive law. Apart from that, juridical-normative research focuses on library materials and regulations used as basic materials for preparation. The results of this research are that the provisions on abuse of authority norms in Article 15 letter (d) of DKPP Regulation Number 2 of 2017 have absorbed the concept of abuse of authority in election administration law. From a theoretical perspective, the concept of abuse of authority is usually only limited to the perspective of legal actions/factual actions of government administration, so that it does not become an object of study in ethical assessments/trials. From the juridical aspect, the provisions of Article 15 letter (d) normatively conflict with Article 21 of the AP Law which states that the Court (Administration) has the authority to judge whether there are elements of abuse of authority, so that systematically assessing whether there are elements of abuse of authority is the domain of the State Administrative Court or Bawaslu which is a quasi judiciary in the field of election administration, as stated in Article 460 of the Election Law. Furthermore, the assessment of the actions and actions of election organizers who are deemed to have committed abuses of authority cannot be based on ethical standards, because authority is the core object of study in state administrative law. In other words, Article 15 letter (d) of DKPP Regulation Number 2 of 2017 must be deleted.

PENGATURAN LARANGAN PENGGUNAAN FASILITAS NEGARA DALAM PELAKSANAAN KAMPANYE POLITIK PEMILIHAN UMUM I Wayan Mahesa Juli Susanto; I Nyoman Suandika; Kadek Dedy Suryana
Nusantara Hasana Journal Vol. 4 No. 2 (2024): Nusantara Hasana Journal, July 2024
Publisher : Yayasan Nusantara Hasana Berdikari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59003/nhj.v4i2.1172

Campaigning is a candidate's activity carried out to gain public sympathy by showing, offering and announcing a vision and mission aimed at occupying and leading a government. In carrying out political campaigns, there are rules and prohibitions for state and regional officials, namely the prohibition on using state facilities. It is difficult to separate the covert campaign to use state facilities from carrying out one's duties as an official or regional head. This issue certainly needs to receive serious attention, in order to create clean, honest and fair general elections. Therefore, the problem raised in this research is how to regulate the prohibition on the use of state facilities in campaign implementation based on election law regulations, and what are the legal consequences of using state facilities in campaign implementation based on election law regulations? This research uses normative legal research methods or library legal research methods, which are legal research methods carried out by examining library materials related to written legal norms (legislation) which aims to discover or obtain legal principles from positive law. written by the community. Based on the results of research that has been carried out, regulations prohibiting the use of state facilities in the implementation of political campaigns have been regulated in the provisions of Law Number 7 of 2017 concerning General Elections. The application of sanctions as a legal consequence of the use of state facilities in campaign implementation is based on general election law regulations, which consist of 2 (two) legal sanctions, namely administrative sanctions and criminal sanctions. It is necessary to make clearer and firmer regulations regarding all forms of fraud and violations in the general election and the public is expected to play an active role in participating in overcoming all kinds of fraud in the general election, one of which is violations in the use of state facilities in political campaigns as an effort to ensure that the general election can be held. proceed fairly.

KEWENANGAN BADAN KEHORMATAN DPD RI DALAM PENJATUHAN SANKSI PEMBERHENTIAN TETAP ANGGOTA DPD I Putu Yoga Palgunadi Putra; I Nyoman Suandika; Kadek Dedy Suryana
Nusantara Hasana Journal Vol. 4 No. 3 (2024): Nusantara Hasana Journal, August 2024
Publisher : Yayasan Nusantara Hasana Berdikari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59003/nhj.v4i3.1203

Indonesia is a country that has several institutions and organizations that support the tasks of the government itself. The Legislative institution consists of three institutions, namely the MPR, DPR and DPD, which have different duties and authorities. The executive has the main task, namely implementing laws, while the judiciary has three institutions, namely the MK, MA and KY. The MPR is the holder of the highest power or the holder of people's sovereignty. This institution was created to provide duties and authority and to limit the power possessed by each institution. This limitation aims to simplify and better focus the responsible institutions on their assigned tasks. Each institution is obliged to carry out the tasks they receive and report the results of their work and be accountable to the Central Level or to those with more authority. If an institution does not carry out its duties well, it will be given strict sanctions such as dismissal. This research aims to describe the Authority of the DPD RI Honorary Board in Imposing Sanctions for Permanent Dismissal of DPD Members. The results of this research show that . BK DPD RI has the authority to follow up on the handling of alleged violations in question and based on Article 48 paragraph (1) and paragraph (2) of DPD RI Regulation No. 1 of 2021 concerning Procedures for the DPD RI Honorary Board. The recall concept that is most appropriate to apply to DPD members is constituent recall because they are individual candidates and are regional representatives.

TINJAUAN YURIDIS TERHADAP UPAYA HUKUM YANG DILAKUKAN OLEH ANGGOTA DEWAN PERWAKILAN DAERAH AKIBAT DIBERHENTIKAN OLEH BADAN KEHORMATAN DPD RI Agustinus Hitri Liberty D. Kalumbang; Erikson Sihotang; I Nyoman Suandika
Nusantara Hasana Journal Vol. 4 No. 4 (2024): Nusantara Hasana Journal, September 2024
Publisher : Yayasan Nusantara Hasana Berdikari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59003/nhj.v4i4.1225

The implementation of a bicameral system in the state order of the Unitary State of the Republic of Indonesia raises questions about the role and authority of the DPD RI fittings, namely the Honorary Body, the validity of a decision in the appointment and dismissal of the chairman of the DPD RI who is affected by a corruption case. The authority of the Honorary Body of DPD RI is authorized to conduct internal supervision of DPD RI through investigation and verification of a complaint and determine a decision in the decision-making deliberation, must be based on applicable rules and appropriate systems. The purpose of this study is to explain and describe the role of the DPD Honorary Board in the dismissal of DPD RI members, as well as to find out the validity of the dismissal of DPD RI members carried out by the DPD RI Honorary Body. The method used in the preparation of this study is normative research. Normative legal research includes, research on legal principles, research on legal systematics, research on the level of legal synchronization, research on legal history, and legal comparison. The result of this study is the first that the authority of the Honorary Board of DPD RI in supervising violations of the DPD RI code of ethics is so significant because its duties and authorities are to investigate and verify complaints, determine decisions, submit results, internal supervision, evaluation and improvement of discipline. Second, that the Validity of the Dismissal of DPD RI Members by the Honorary Board of DPD RI has been written in the Regulation of the Regional Representative Council of the Republic of Indonesia no. 1 of 2022 concerning rules of conduct. Interim Stops; Article 25 (2), Procedures for Interim Dismissal of DPD RI Members are contained in; Article 26; Article 27; Article 28, Temporary Suspension; Article 31, Procedures for Temporary Dismissal; Article 32. Legal remedies carried out by DPD Members who were dismissed by the Honorary Board of DPD RI, are based on Law No. 17 of 2014 concerning the Right to Self-Defense article 289 and concerning the Right to Immunity article 290, as well as Regulation of the Regional Representative Council of the Republic of Indonesia no. 1 of 2022; About the Right to Self-Defense Article 20; and About the Right to Immunity article 21.

PELANGGARAN KODE ETIK OLEH HAKIM MAHKAMAH KONSTITUSI TERKAIT DENGAN PUTUSAN MAHKAMAH KONSTITUSI NOMOR 90/PUU-XXI/2023 Ignas Riez Bria; I Nyoman Suandika; Kadek Dedy Suryana
Nusantara Hasana Journal Vol. 4 No. 4 (2024): Nusantara Hasana Journal, September 2024
Publisher : Yayasan Nusantara Hasana Berdikari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59003/nhj.v4i4.1227

Judges who act as executors and spearheads of justice and interact with the public are expected to have high professionalism in considering and making legal decisions in a case. In carrying out their duties, a judge is required to comply with the applicable code of ethics. When a judge violates the professional code of ethics, he will be given sanctions according to the violation he has committed. The case of violating the code of ethics that recently occurred was the case regarding Anwar Usman as Chairman of the Constitutional Court who was proven to have violated the professional code of ethics for judges in relation to Decision Number 90/PUU-XXI/2023. The aim of this research is to find out the accountability of a judge who has violated the professional code of ethics and to know the role of the Honorary Council of the Constitutional Court in handling cases of violations of the code of ethics committed by constitutional judges. This research uses a normative juridical method by referring to legal norms contained in statutory regulations as well as legal norms that exist in society. An approach that refers to applicable laws and regulations including principles, principles and doctrine. Judges who violate the code of ethics can impose three types of sanctions taking intoaccount the background, level of seriousness and consequences of the violation. The Honorary Council of the Constitutional Court is an instrument formed by the Constitutional Court with the aim of maintaining and upholding honor, nobility and dignity. The authority possessed by the Honorary Council of the Constitutional Court includes maintaining the dignity and honor of the Constitutional Court, examining and deciding on allegations of violations of the code of ethics and behavior of constitutional judges. The trial led by Jimly Asshiddiqie as Chair of the Honorary Council of the Constitutional Court (MKMK) through the Decision of the Honorary Council of the Constitutional Court Number 02/MKMK/L/11/2923 stated that Anwar Usman in this case had been proven to have violated the code of professional ethics and behavior of judges. For this reason, Anwar Usman was dismissed from his position as Chairman of the Constitutional Court.

Tinjauan Yuridis Batas Usia Calon Wakil Presiden Dalam Putusan Mahkamah Konstitusi Ni Putu Sintya Lestari; I Nyoman Suandika; Ida Bagus Anggapurana Pidada
Konsensus : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi Vol. 1 No. 4 (2024): Agustus : KONSENSUS : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi
Publisher : Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/konsensus.v1i4.232

The Constitutional Court's ruling on the age limit of a candidate vice president. With the results of research showing that, the regulation on a presidential candidate's age limit was less than 40 years later, it was only in the Act No. 7 of 2017 that the age limits of a vice president's candidate were 40 years. Since there are frequent changes in the age limit, it is necessary to clearly regulate the age of the candidate Vice President and harmonize the draft made by the House with the 1945 UUD to reduce the application for judicial review to the Constitutional Court.

ANALISIS HUKUM TERHADAP HAK PARTAI POLITIK DALAM MENGUSUNG CALON PRESIDEN Sonia Surya Hanim Lubis; A.A Gde Putra Arjawa; I Nyoman Suandika
Nusantara Hasana Journal Vol. 4 No. 1 (2024): Nusantara Hasana Journal, Juny 2024
Publisher : Yayasan Nusantara Hasana Berdikari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59003/nhj.v4i1.1141

This research aims to describe the legal analysis of the rights of political parties in nominating presidential candidates. Political parties are a manifestation of people's freedom to form groups according to their interests. This research is normative legal research, and uses qualitative descriptive analysis. The results of this research indicate that the requirements for the nomination of President and Vice President are in accordance with the provisions of Article 222 of the Law of the Republic of Indonesia Number 7 of 2017 which regulates the threshold provisions for President and Vice President candidates, namely Political Parties or Associations of Election Contesting Political Parties that meet the requirements for obtaining seats of at least 20% (twenty percent) of the total number of DPR seats or obtaining 25% (twenty five percent) of valid votes nationally in the previous DPR member election. The provisions for the nomination mechanism for President and Vice President are regulated in the 1945 Constitution and Law Number 42 of 2008 concerning the Election of the President and Vice President. Political parties or combinations of political parties can only nominate 1 (one) pair of candidates in accordance with the internal mechanisms of political parties and/or joint deliberations of political parties which are held democratically and openly. This is regulated in Article 221 – Article 223 of Law Number 7 of 2017.

Kewenangan Majelis Kehormatan Mahkamah Konstitusi Mengadili Hakim Mahkamah Konstitusi (Dalam Pelanggaran Kode Etik Hakim Mahkamah Konstitusi) Melkianus Umbu Deta; I Nyoman Suandika; Ida Bagus Anggapurana Pidada
Student Research Journal Vol. 2 No. 4 (2024): Agustus : Student Research Journal
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/srjyappi.v2i4.1353

The purpose of this study is to find out and analyze the authority of the Honorary Assembly of the Constitutional Court to prosecute constitutional court judges in violation of the code of ethics of constitutional court judges. and knowing the inhibiting factors in the Honorary Assembly of the Constitutional Court adjudicating the judges of the Constitutional Court in violation of the code of ethics of the judges of the Constitutional Court.The method used in the preparation of this study is a juridical-normative approach. The juridical-normative approach is a research that focuses or examines the application of legal norms or rules in positive law. In addition, we need to know, juridical-normative research focuses on literature materials and regulations that are used as the basis for preparation.The result of this study is that the Honorary Assembly of the Constitutional Court (MKMK) is a device formed by the Constitutional Court to monitor, examine, and recommend actions against Constitutional Judges who are suspected of violating the code of ethics and code of conduct of constitutional judges. The types of violations examined, including committing reprehensible acts, not attending the trial which is his duty and obligation for 5 times in a row, Violating the oath or promise of office, Deliberately obstructing the Constitutional Court to give a decision within the time as referred to in Article 7B paragraph (4) of the 1945 Constitution, Violating the Code of Ethics and Conduct of Constitutional Judges, Violating the prohibition as a Constitutional Judge, Not carrying out his obligations as a Constitutional Judge

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