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All Journal DE'RECHTSSTAAT JURNAL ILMIAH LIVING LAW
Devina Mayra Purnama
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Law, Crime, Criminology & Criminal Justice

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PENDIDIKAN ANTI KORUPSI UNTUK GENERASI MUDA dhafin riyasy Ishak; Jacynta Shalehafilah; Devina Mayra Purnama; M Dhika Adrian; Rasid Hidayat; Sri Rizka Novi Anggraeni M
JURNAL HUKUM DE'RECHTSSTAAT 2023: Special Issues Februari 2023 : Pendidikan Anti Korupsi
Publisher : Fakultas Hukum Universitas Djuanda Bogor

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Abstract

This article is entitled Anti-Corruption Education for the Young Generation, the younger generation can have anti-corruption properties, where corruption is a dangerous disease in our beloved homeland, the impact of this corruption is very large, because of that corruption is also categorized as Extra Ordinary Crimes, the impact is not only to the public, but also to the existing system in the government, broadly speaking we instill anti-corruption values in this article, as well as anti-corruption prevention methods such as education, and cultivating an anti- corruption mindset itself, we allrealize that corruption cases in Indonesia there are so many, in fact almost every day and every moment of corruption cases appear on the surface of our homeland, setting an inappropriate punishment is a feature of the breakdown of our government system, where all of it must be revised, and also the punishment for corruptors should be the most severe among the crimes committed. others, in order to create a deterrent effect and, prevent our young generation from committing acts of corruption.
Analysis of the Decision of the State Administrative Court Number 604/G/2023/PTUN.JKT Concerning Government Actions in the Field of Administrative Law from the Perspective of Gustav Radbruch Maarif, Rizal Syamsul; Dhafin Riyasy Ishak; Devina Mayra Purnama; Rezza Syah Fahleffi
JURNAL ILMIAH LIVING LAW Vol. 17 No. 2 (2025): Jurnal Ilmiah Living Law
Publisher : Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jill.v17i2.21518

Abstract

The Jakarta State Administrative Court (PTUN) Decision Number 604/G/2023/PTUN.JKT which granted part of Anwar Usman's lawsuit against the Constitutional Court has caused controversy in the Indonesian constitutional legal order. The main problem lies in the limits of the PTUN's jurisdiction over constitutional judicial institutions and the validity of administrative intervention into the internal mechanisms of the Constitutional Court. This article aims to analyze the decision based on Gustav Radbruch's legal theory, which emphasizes the balance between justice, legal certainty, and utility as basic principles in the legal system. This study uses a juridical-normative method with a conceptual approach and a legal philosophy approach to examine the alignment of the substance of the decision with universal legal values. The results of the analysis show that the PTUN decision No. 604/G/2023/PTUN.JKT does not reflect the principle of substantive justice because it ignores the institutional autonomy of the Constitutional Court and opens up space for horizontal intervention between state institutions. From the aspect of legal certainty, this decision creates jurisdictional ambiguity that threatens the stability of the constitutional system. Meanwhile, from the perspective of utility, the decision is considered counterproductive because it has the potential to weaken the integrity and effectiveness of the Constitutional Court's role as a guardian of the constitution. Therefore, this article recommends affirming the limits of administrative court jurisdiction over constitutional institutions, as well as strengthening the ethical approach in the practice of state administrative law so as not to be trapped in narrow legal positivism
Co-Authors Dhafin Riyasy Ishak dhafin riyasy Ishak Jacynta Shalehafilah M Dhika Adrian Rasid Hidayat Rezza Syah Fahleffi Rizal Syamsul Maarif Sri Rizka Novi Anggraeni M