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All Journal Masalah-Masalah Hukum PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Jurnal Penelitian Hukum De Jure Nagari Law Review Jurnal Hukum Positum Journal of Law and Policy Transformation KRTHA BHAYANGKARA Lex Journal : Kajian Hukum dan Keadilan
Hernadi Affandi
Fakultas Hukum Universitas Padjadjaran
Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Limitation of The President's Power to Declare a State of Emergency: a Comparison of France, India, and Indonesia Muhammad Yoppy Adhihernawan; Hernadi Affandi
Jurnal Penelitian Hukum De Jure Vol 22, No 2 (2022): June Edition
Publisher : Law and Human Rights Policy Strategy Agency, Ministry of Law and Human Rights of The Repub

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1536.581 KB) | DOI: 10.30641/dejure.2022.V22.145-162

Abstract

The state must declare a state of emergency under certain conditions that endanger the safety of the state and society. Limiting the power to the declaration of a state of emergency is essential because this great authority cannot be used according to the President's will, so it is necessary to have restrictive mechanisms so that the President does not misuse the authority to carry out the emergency. However, the Indonesian constitution does not stipulate any restrictions on the powers of the President in declaring a state of emergency. This study aims to determine the dangers of not limiting the President's powers in declaring a state of emergency in the Indonesian constitution by using the arrangements and practices of emergency law in France and India. The approach used in this study is a comparative level that compares the contents of the constitution's text and compares the implementation and history of the constitution. The result of this study is limiting the power of the President in declaring a state of emergency is necessary based on a comparison of arrangements and experiences in France and India. Therefore, Indonesia must restrict the President's power in declaring a state of emergency to its constitution.
Larangan Pemakaian Cadar Di Kampus Dalam Perspektif Prinsip Persamaan Kedudukan di depan Hukum Haris Kurnia Anjasmana; Hernadi Affandi
Nagari Law Review Vol 3 No 1 (2019): Nagari Law Review (NALREV)
Publisher : Faculty of Law, Andalas University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/nalrev.v.3.i.1.p.89-103.2019

Abstract

The prohibition on the use of veils in some campuses raises the pros and cons in the community, coupled with the many khilafiyah debates regarding the law on the use of veils. The identification of the problem in this article is first how the law of the use of veils in Islam, secondly whether the prohibition on the use of veils on campus violates the principle of equality before the law. The method used is juridical normative with comparative approach method and conceptual approach. The writing specifications used are descriptive analytical. The results of this paper are Basically, the use of legal veils is permissible. Related to the ban on the use of veils on several campuses, the authors argue that it is okay to keep the good name of the campus and avoid abuse of veils from all forms of radicalism, intolerance, or fraud in the lecture process. But before the ban was put into effect, it should first be with discussion and even research involving the entire academic community related to the positive or negative veil on campus by using data and reference sources that can be trusted scientifically and academically and also pay attention to the values that live in society.
The Legal Dynamics Dual Positions of Batam Mayor as Head of BP Batam Handayani, Novia; Affandi, Hernadi; Susanto, Mei
Journal of Law and Policy Transformation Vol 9 No 1 (2024)
Publisher : Universitas Internasional Batam

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

Abstract

This article discusses the legal dynamics of the dual position of the Mayor of Batam as the Head of BP Batam. The focus of this research emphasizes the implications arising from the policy of Government Regulation No. 62/2019, which requires one individual to hold two strategic positions at once, namely as Mayor of Batam, who is authorized to manage the autonomous region and as Head of BP Batam who is authorized to manage investment and development of the Batam area into a special economic zone. This study aims to evaluate the implementation of this dual position policy. Using empirical legal research methods through interviews, literature review, and qualitative analysis, the findings indicate benefits such as increased synergy between economic development and public services. It allows for better coordination in managing the interests of the city and the industrial estate. However, this dual management structure risks weakening Batam's regional autonomy status and creating conflicts of interest that may affect the objectivity of decision-making. On the one hand, this policy is considered a practical solution to resolve the leadership dualism that has been occurring. On the other hand, this policy creates consequences and challenges. This study concludes that to optimize the benefits and minimize conflicts, it is necessary to harmonize more transparent regulations, more effective supervision, and the commitment of officials to prioritize the public interest for implementing local Government in Batam City.
Dismissal of Acting Provincial Heads in Indonesia Based on the Transparency Principle Perspective Anggraini, Novia Salfat; Affandi, Hernadi
Lex Journal: Kajian Hukum & Keadilan Vol 8 No 1 (2024): July
Publisher : Faculty of Law, University of Dr. Soetomo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25139/lex.v8i1.8855

Abstract

This study examines the legal regulation of the dismissal of acting regional heads in Indonesia, and how to apply the principle of transparency in the dismissal of acting regional heads. This study is normative research that uses qualitative methods and uses a case study approach. Permendagri Number 4 of 2023 concerning Acting Governors, Acting Regents, and Acting Mayors provides special guidelines regarding the appointment, duties, authority, and dismissal of acting regional heads. The Minister of Home Affairs regulates the term of office of the Acting Head of State for 1 (one) year and can be extended for the next 1 (one) year with the same or different person. The extension of the term of office of this acting officer cannot be extended if the results of the Minister's evaluation are followed. The dismissal of acting regional heads in Indonesia, if carried out without the principle of transparency, can cause various problems such as a lack of accountability and a decrease in public trust. To increase transparency, meaningful public participation is needed. The involvement of the Provincial DPRD is also a very crucial thing as a form of representation of the people. The government needs to regulate specific and detailed provisions related to the dismissal of acting regional heads in Indonesia.
Hubungan Pemerintah Pusat dan Daerah: Kajian terhadap Efektivitas Pengelolaan Dana Otonomi Khusus di Provinsi Aceh Ridwan, Mahlil; Affandi, Hernadi; Junaenah, Inna
Lex Journal: Kajian Hukum & Keadilan Vol 7 No 1 (2023): July
Publisher : Faculty of Law, University of Dr. Soetomo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25139/lex.v7i1.8908

Abstract

Basically, the Aceh Special Autonomy Fund policy is to provide wider authority for local governments and the people of Aceh to regulate and take care of themselves within the framework of the Republic of Indonesia. This broader authority also includes the authority to regulate the use of natural resources in the Aceh Province area, as much as possible for the prosperity of the Acehnese people, empowering their economic, social, and cultural potential, including providing a significant role for the indigenous people of Aceh to be involved in the process of formulating regional policies, determining development strategies while still respecting the equality and diversity of people's lives in the Province Aceh. Therefore, the author reviews the relationship between central and regional authorities in the Republic of Indonesia with the regions, especially Aceh in the Special Autonomy Law with qualitative methods and through understanding the concept of decentralization. The results clearly show that, however, the implementation of the Special Autonomy Fund in Aceh is different from what is described in autonomy as stated in the law. In fact, in the field, so far, the central government's assistance, coaching and supervision have not been seen.
The Legal Dynamics Dual Positions of Batam Mayor as Head of BP Batam Handayani, Novia; Affandi, Hernadi; Susanto, Mei
Journal of Law and Policy Transformation Vol 9 No 1 (2024)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v9i1.9329

Abstract

This article discusses the legal dynamics of the dual position of the Mayor of Batam as the Head of BP Batam. The focus of this research emphasizes the implications arising from the policy of Government Regulation No. 62/2019, which requires one individual to hold two strategic positions at once, namely as Mayor of Batam, who is authorized to manage the autonomous region and as Head of BP Batam who is authorized to manage investment and development of the Batam area into a special economic zone. This study aims to evaluate the implementation of this dual position policy. Using empirical legal research methods through interviews, literature review, and qualitative analysis, the findings indicate benefits such as increased synergy between economic development and public services. It allows for better coordination in managing the interests of the city and the industrial estate. However, this dual management structure risks weakening Batam's regional autonomy status and creating conflicts of interest that may affect the objectivity of decision-making. On the one hand, this policy is considered a practical solution to resolve the leadership dualism that has been occurring. On the other hand, this policy creates consequences and challenges. This study concludes that to optimize the benefits and minimize conflicts, it is necessary to harmonize more transparent regulations, more effective supervision, and the commitment of officials to prioritize the public interest for implementing local Government in Batam City.
PILIHAN TANPA PILIHAN: KOLOM KOSONG DAN PERLINDUNGAN HAM DALAM PEMILUKADA CALON TUNGGAL Hartina, St; Affandi, Hernadi
Masalah-Masalah Hukum Vol 53, No 1 (2024): MASALAH-MASALAH HUKUM
Publisher : Faculty of Law, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/mmh.53.1.2024.67-77

Abstract

Kolom kosong dipandang sebagai solusi agar Pemilukada tetap dapat dilaksanakan meskipun hanya terdapat satu pasangan calon. Penelitian ini bertujuan untuk menganalisis dampak pemberian hak dipilih kepada kolom kosong dalam pelaksanaan Pemilukada serta implikasinya terhadap tata kelola pemerintahan daerah. Penelitian ini menggunakan metode penelitian normatif dengan pendekatan hukum dan peraturan perundang-undangan terkait. Hasil penelitian menunjukkan bahwa keberadaan kolom kosong sebagai kompetitor dalam Pemilukada muncul akibat tidak terpenuhinya persyaratan minimal dua pasangan calon. Pemberian hak dipilih kepada kolom kosong sebagai solusi alternatif dalam situasi pasangan calon tunggal dinilai tidak tepat. Pemerintah seharusnya merancang solusi lain untuk mencegah terjadinya pasangan calon tunggal dalam Pemilukada. Selain itu, pemberian hak dipilih kepada kolom kosong berpotensi menimbulkan permasalahan baru dalam pengelolaan pemerintahan daerah, khususnya terkait efektivitas kepemimpinan oleh pejabat kepala daerah.
Literature Study on the Appointment of Acting Regional Heads from Active Indonesian National Army (TNI) Elements in Regional Autonomy Perspective Tanjung, Febriasty; Hernadi Affandi; Inna Junaenah
KRTHA BHAYANGKARA Vol. 19 No. 2 (2025): KRTHA BHAYANGKARA: AUGUST 2025
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v19i2.4293

Abstract

This research is a literature study that analyzes the construction of regional autonomy perspectives in the appointment of Acting Regional Heads from the active Indonesian National Army (TNI) based on various academic studies. with various studies among academics. The appointment of acting regional heads from the military raises fundamental questions regarding its consistency with the principles of regional autonomy, merit systems, and local democracy. The main focus of this research is to examine: This research is a literature study that analyzes the construction of regional autonomy perspectives in the appointment of Acting Regional Heads from the active Indonesian National Army (TNI) based on various academic studies. with various studies among academics. The appointment of acting regional heads from the military raises fundamental questions regarding its consistency with the principles of regional autonomy, merit systems, and local democracy. The main focus of this research is to examine: First, How is the construction of regional autonomy perspectives in various studies regarding the appointment of Acting Regional Heads from active TNI elements before the enactment of Permendagri No.4 of 2023? Second, What is the regulatory basis that can be corrected for the appointment of Acting Regional Heads from active TNI elements in the perspective of regional autonomy?. This research uses normative juridical methods and uses secondary data from library materials. The approaches used in this research are legislative approach and conceptual approach. This research concludes: First, the dominance of the perspective stating that the practice of appointing Acting Regional Heads from among the active TNI tends to conflict with local democracy. Second, a more assertive regulatory reformulation is needed in limiting the appointment of Acting Regional Heads from the active TNI and strengthening mechanisms of transparency, accountability, and DPRD participation in the selection process.
Co-Authors Anggraini, Novia Salfat Handayani, Novia Haris Kurnia Anjasmana Hartina, St Inna Junaenah Inna Junaenah, Inna Mei Susanto Muhammad Yoppy Adhihernawan Ridwan, Mahlil Tanjung, Febriasty Tarsisius Murwadji