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All Journal USU LAW JOURNAL Veritas et Justitia Jurnal Hukum IUS QUIA IUSTUM Ajudikasi : Jurnal Ilmu Hukum JURNAL MERCATORIA Ensiklopedia of Journal Jurnal Ilmiah Penegakan Hukum Ensiklopedia Social Review Indonesian Journal of Law and Society Jurnal Adhyasta Pemilu AJAD : Jurnal Pengabdian kepada Masyarakat Interdisciplinary Journal on Law, Social Sciences and Humanities Jurnal Legislasi Indonesia
Sagala, Christo Sumurung Tua
Universitas Jember
Arts Humanities Computer Science & IT Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Konseptualisasi Pengaduan Konstitusional (Constitutional Complaint) Sebagai Salah Satu Upaya Perlindungan Hak Konstitusional Warga Negara Christo Sumurung Tua Sagala
USU LAW JOURNAL Vol 7, No 6 (2019)
Publisher : Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (504.764 KB)

Abstract

Abstract. Constitutional right is basic right of citizens which guaranteed the Constitution. Constitutional right must be protected and honoured by all of department state authority. Therefore there must be a legal remedy as a mechanism to achieve such protection so that the rights owners can defend their rights if happened violation. Constitutional Complaint is one of Law remedy. By Constitutional Complaint, the Constitutional protection right of citizens will more maximum, because citizens can propose supplication directly if they fell there is right which loss. Constitutional Court as Guardian and The Protector of the Constitution of The Republic Indonesia 1945, is the state institutions which deserve to be given the authority to finish the problem Constitutional Complaint. Many supplication which consist subtantion of Constitutional Complaint have been proposed to Constitutional Court is one of important reason of giving authority to Constitutional Court to finish the problem of Constitutional Complaint. Method of collecting data is done by literature review, observation, interview, and then the data is analized and make conclusion from all of data which has been got. The result from research that Constitutional Court of The Republic Indonesia hasn’t authority to finish the problem of Constitutional Complaint. Keywords: constitutional right, complaint
Perlindungan Hak Konstitusional Di Indonesia Herdi Munte; Christo Sumurung Tua Sagala
Jurnal Ilmiah Penegakan Hukum Vol 8, No 2 (2021): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v8i2.4791

Abstract

The basis for the establishment of the Constitutional Court is an effort to uphold the principles of a rule of law and to provide maximum protection for democracy and basic rights of citizens. As the main objective of the rule of law is to protect the freedom of individual citizens from the State's power. The purpose of this research is to answer the question of what constitutional rights are citizens and how they are protected in Indonesia. This research uses a normative juridical approach by examining theories, concepts, legal principles and laws and regulations obtained from legal material sources such as books, articles / writings and other documents, then the data is analyzed so that it will provide conclusions. The results show that constitutional rights are rights that include civil rights, political rights, economic rights, and socio-cultural rights guaranteed by the 1945 Constitution, for their protection efforts through the process of forming laws that reflect the protection and respect for human rights and dignity. and dignity and if there is a law that is detrimental to their rights, they can file a constitutionality review in the Constitutional Court
Pelaksanaan Putusan Pengadilan Tinggi Tata Usaha Negara Medan Nomor: 6/G/PILKADA/2020/PTTUN-MDN dalam Perspektif Kepastian Hukum Herdi Munte; Christo Sumurung Tua Sagala
JURNAL MERCATORIA Vol 14, No 1 (2021): JURNAL MERCATORIA JUNI
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/mercatoria.v14i1.4831

Abstract

Artikel ini bertujuan untuk untuk mengetahui kedudukan putusan peradilan administrasi negara di Indonesia dan kepastian hukum pelaksanaan putusan peradilan administrasi negara terkait pemilukada. Masalah difokuskan pada kedudukan putusan peradilan administrasi negara dalam konteks negara hukum di Indonesia dan bagaimana kepastian hukum pelaksanaan Putusan Pengadilan Tinggi Tata Usaha Negara Medan Nomor:  6/G/PILKADA/2020/PTTUN-MDN, Guna mendekati masalah ini dipergunakan acuan teori dari Utrecht yaitu Kepastian Hukum dan data-data dikumpulkan melalui studi dokumen dan wawancara yang diperoleh dari perundangan-undangan, putusan hakim, buku, pandangan ahli, artikel/tulisan dan sumber bahan lainnya serta melakukan wawancara dan pendekatan kasus kemudian disusun secara sistimatis selanjutnya dianalisis secara kualitatif sehingga mencapai kejelasan terhadap masalah yang akan dibahas.  Kajian ini menyimpulkan bahwa Putusan peradilan administrasi negara yang sudah berkekuatan hukum tetap wajib dilaksanakan dengan cara pencabutan Keputusan yang bersangkutan; atau pencabutan Keputusan yang bersangkutan dan menerbitkan Keputusan yang baru; atau penerbitan Keputusan. Namun kepastian hukum pelaksanaan Putusan Nomor:  6/G/PILKADA/2020/PTTUN-MDN diabaikan oleh Komisi Pemilihan Umum Kabupaten Serdang Bedagai sebab lemahnya sistem eksekusi yang diatur di dalam undang-undang sehingga dapat menimbulkan ketidakpastian hukum.
Implementasi Pancasila di Tahun Politik Christo Sumurung Tua Sagala; Mirza Nasution
Jurnal Adhyasta Pemilu Vol. 5 No. 2 (2022): Jurnal Adhyasta Pemilu
Publisher : Badan Pengawas Pemilihan Umum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55108/jap.v5i2.206

Abstract

Pancasila as the ideology and philosophy of the nation and state becomes a unifier and guides the motivation of the nation to achieve the ideals of realizing a life that upholds divinity, human values, unity, democracy, and justice. Elections are a means of democracy which is also one of the ideals of the Pancasila and is not just a slogan but must be implemented to avoid divisions within the country. However, in the year of general election which is commonly called the political year, it is not uncommon for conflicts to occur between the people which even result in conflicts in society caused by differences in choices and opinions between one another. The purpose of this study is to determine the implementation of Pancasila values and the protection and enforcement of the law in the implementation of elections in Indonesia. The research was conducted with a normative-descriptive approach by examining secondary data sourced from laws and regulations, books, expert views, articles/writings and other sources of material then compiled systematically and then analyzed qualitatively by assessing the effectiveness of its application. From the results of the study, it can be concluded the implementation Pancasila of the democracy in Indonesia is still very minimal, with the rise of identity politics issues in the implementation of elections which will have a bad impact on democracy in Indonesia to divide the sense of unity and diversity of the multiethnic Indonesian people, multicultural and multi-religious. In addition, law enforcement is also still less than optimal due to several factors such as imperfect regulations, the number of institutions involved in law enforcement and the short period of handling.
Omnibus Law dalam Konstitusi Indonesia: Studi Perbandingan Indonesia, Amerika Serikat, dan Filipina Rachim, Kania Venisa; Sagala, Christo Sumurung Tua; Mulyono, Eddy
Ajudikasi : Jurnal Ilmu Hukum Vol. 7 No. 1 (2023): Ajudikasi : Jurnal Ilmu Hukum
Publisher : Universitas Serang Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30656/ajudikasi.v7i1.6485

Abstract

The Omnibus Law is often discussed and debated, especially in its implementation in Indonesia. Omnibus Law is considered as a solution to make legislation more efficient, Omnibus Law is something new in the formation of legislation in Indonesia. Previously, the Omnibus Law was often used in the common law legal system, and several civil law countries have also implemented the Omnibus Law. In this study, the authors examine the United States and the Philippines. The concept of the Omnibus Law is not only used for one type of law but has penetrated into other sectoral laws. In the Philippines, since 2003 the Omnibus Law has been enacted as a method for forming legislation. It is different from the United States, which has implemented the Omnibus Law since 1850. This research refers to a comparison of the Omnibus Law in the Philippines because the Philippines is a country in the Southeast Asia region just like Indonesia and adheres to a legal system that combines common law and civil law which does not very different from Indonesia, further comparison with the United States Omnibus Law, because the United States is also one of the countries that is the mecca of world law. This study uses normative legal research, using secondary data which is processed using qualitative techniques. This study uses a comparison of two countries which makes this research different from other research related to the Omnibus Law, with the aim of examining the position of the Omnibus Law in Indonesia and making comparisons with the United States and the Philippines.
Edukasi dan Mitigasi Bencana yang Optimal melalui “Pos Iklim” Desa Pakis Kabupaten Jember Achmad, Sofyan Maulana; Kartodiprojo, Mikhael Putra; Firmansyah, M. Pramudya; Habibi, M. Wildan; Rahman, Fakhri Fadli; Anggraeni, Ulita Bella; Apriliani, Adhisty Dhea; Rahman, Lubna; Sugiarto, Aditya Dwi; Sagala, Christo Sumurung Tua
AJAD : Jurnal Pengabdian kepada Masyarakat Vol. 4 No. 2 (2024): AUGUST 2024
Publisher : Divisi Riset, Lembaga Mitra Solusi Teknologi Informasi (L-MSTI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59431/ajad.v4i2.365

Abstract

In terms of Indonesian geography lies in an area that's in the Pacific ring, putting Indonesia in the form of a country with a high threat of disaster. Team of PPK Ormawa IMPA Akasia took issue of breis in jember district pakis as the village historic there was a flood that caused loss of property, objects, to the lives of villagers. The purpose of this devotion is divided into three, namely, young people and rural communities that are conscious and understanding of the urgency of the education of transcanaan, the two create bastions of communities focused on addressing climate adaptation and mitigation, and the third is creating a map of the location of village disaster and a reduced location of vulnerable areas in the village. The method employed is divided into three preparatory, implementation, and supervision processes. The climate post is expected to solve the problems of the existing in the pakis village and can independently develop programs consistent with existing potential in the village to address the optimum climate post with the needs of village people.
Democratization of Filling Regional Head Positions Rogers, Maurice; Sagala, Christo Sumurung Tua; Munte, Herdi
Indonesian Journal of Law and Society Vol 5 No 1 (2024): Social Justice in Transition: A Global Perspectives
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ijls.v5i1.39425

Abstract

The 2024 simultaneous regional head elections have significant implications for leadership vacancies across various regions. Consequently, to address these vacancies, interim regional heads will be appointed until definitive regional heads are elected following the 2024 elections. This paper aims to scrutinize the representation of the populace within the framework of appointing regional heads in Indonesia and to evaluate the concept of democratization as an ideal approach for selecting acting officer of regional heads. Through a normative analysis of diverse sources and prevalent social phenomena, it is asserted that democratization in the process of appointing regional heads is imperative for fostering leaders' accountability to their constituents. However, the current practice of appointing regional heads in Indonesia often diverges from democratic principles. Central government retains exclusive authority to appoint acting officer of regional heads through a closed, non-transparent process devoid of public participation. This process risks signaling vested interests between the appointing authority and the recipients of office. Therefore, reforming the system for appointing acting officer of regional heads becomes imperative to facilitate public involvement directly or through parliamentary institutions. This involvement should span the proposal, discussion, determination, monitoring, evaluation, and dismissal stages of acting regional heads. Furthermore, candidates for these positions should be limited based on the principle of regional autonomy. This entails requiring candidates to originate from the state civil apparatus as administrative officials or civil servants with extensive experience in the relevant region. Such requirements ensure that candidates possess a comprehensive understanding of governmental managerial duties, public service obligations, and the specific conditions and needs of the region and its populace. Keywords: Regional Head Vacancy, Representation of the People, Acting Officier of Regional Head, Simultaneous Regional Head Election 2024
Sister City Surabaya - Liverpool: Tinjauan Yuridis Berdasarkan Perspektif Hukum Indonesia dan Vienna Convention on the Law of Treaties (VCLT) 1969 Sagala, Kaleb Anggi Three Putra; Nababan, Roida; Simamora, Sovia; Sagala, Christo Sumurung Tua
INTERDISCIPLINARY JOURNAL ON LAW, SOCIAL SCIENCES AND HUMANITIES Vol. 5 No. 2 (2024): November 2024
Publisher : Universitas Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/idj.v5i2.52294

Abstract

This research aims to examine more deeply the authority of local governments in conducting parallel diplomacy. By using a descriptive qualitative approach. The purpose of this research is to find out that Liverpool and Surabaya's cooperation in the creative industry has resulted in useful projects. Educational cooperation, urban cooperation, and port management development are some of the activities that have been implemented in the sister city agreement. The results showed that the application of pacta sunt servanda in the MOU is going well, because it has experienced many significant developments such as developments in the MSME business and the opportunity to introduce Surabaya products to the city of Liverpool. Able to encourage other local governments to carry out international agreements to build and develop a region. This cooperation is very important as an alternative to increasing income and supporting technological backwardness in the region.Keywords: Sister City, Cooperation, Pacta Sunt Servanda, International Agreement.
DINAMIKA KOALISI POLITIK DI BALIK DEMOKRASI KEINDONESIAAN: OPOSISI MENJADI ANCAMAN? Sagala, Christo Sumurung Tua
Veritas et Justitia Vol. 11 No. 1 (2025): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/8m5vak97

Abstract

In a democratic system, opposition plays a vital role in providing checks and ensuring that the government operates in alignment with the public interest. However, within the context of Indonesia, opposition is often viewed as a taboo, seen as conflicting with the values of Pancasila and the familial principles that define Indonesian society. This article explores the historical development of opposition in Indonesian democracy and the role of checks and balances within the framework of the trias politica, as part of the broader effort to advance democratization in Indonesia. Employing a socio-legal approach, the study examines Indonesian democracy from theoretical, historical, and practical perspectives. It concludes that the evolution of Indonesian democracy cannot be separated from the post-independence ideological debate between proponents of integralism and those advocating for social democracy. This debate ultimately gave rise to the concept of a “family state,” where the state acts as a father figure and the citizens as children. The Reformasi era marked a transitional phase toward democratization, introducing constitutional liberalism alongside the principles of checks and balances and the trias politica. However, these democratic instruments have not been effectively implemented. Indonesia remains entangled in political party cartelization, reinforced by a system of coalition presidentialism and supported by Constitutional Court decisions that emphasize strengthening the presidential system and simplifying the party structure. As a result, political parties in the legislature tend to focus more on positioning themselves for the next presidential election and securing roles within the governing coalition, rather than engaging in meaningful oversight of government actions.
PEMILIHAN UMUM KEPALA DAERAH SEBAGAI PENDELEGASI KEDAULATAN RAKYAT DI TINGKAT DAERAH Munte, Herdi; Sagala, Christo Sumurung Tua
Ensiklopedia Sosial Review Vol 4, No 1 (2022): Volume 4 No 1 Februari 2022
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/esr.v4i1.3165

Abstract

Abstract: This study aims to analyze the position of regional heads as the extension of popular sovereignty and to understand regional head elections (Pemilukada) as a form of delegation of people’s sovereignty at the local level. In the context of a democratic rule-of-law state, popular sovereignty serves as the basis of legitimacy for all forms of governmental power, both national and regional. Regional elections are the main mechanism through which citizens exercise their political rights to choose leaders who represent constitutional mandates and public aspirations. This research employs a normative legal research method, using statutory, conceptual, and case approaches. Data are derived from primary, secondary, and tertiary legal materials, analyzed descriptively and qualitatively. The results show that regional heads represent the people’s sovereignty through a democratically granted mandate. However, the implementation of people’s sovereignty in regional elections still faces challenges such as money politics, identity politics, and low political awareness. Therefore, strengthening regulations, political education, and oversight mechanisms is essential to ensure that regional elections truly serve as a democratic instrument reflecting the realization of popular sovereignty at the local level.Keywords: Popular Sovereignty, Regional Election, Local Government.
Co-Authors Achmad, Sofyan Maulana Anggraeni, Ulita Bella Apriliani, Adhisty Dhea Eddy Mulyono Fahmi Ramadhan Firdaus Firmansyah, M. Pramudya Habibi, M. Wildan Herdi Munte Kartodiprojo, Mikhael Putra Mirza Nasution Munte, Herdi Nababan, Roida Rachim, Kania Venisa Rahman, Fakhri Fadli Rahman, Lubna Ratih Listyana Chandra ROGERS, MAURICE Sagala, Kaleb Anggi Three Putra Simamora, Sovia Sugiarto, Aditya Dwi