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Penggunaan Surat Edaran sebagai Tindak Lanjut atas Putusan Mahkamah Konstitusi Irwansyah Irwansyah
Jurnal Penelitian Hukum De Jure Vol 23, No 1 (2023): March 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 | DOI: 10.30641/dejure.2023.V23.47-58

Abstract

The Constitutional Court’s decision is final and binding. It becomes effective as soon as it is pronounced in open. In practice, however, the Constitutional Court’s decision is followed by a variety of legal products, including laws, government regulations, and presidential regulations, and some even use circular letters. The method used in this paper is normative legal research. The purpose of this study is to analyze the circular letter as a follow-up to the Constitutional Court’s decision. The use of generalized letters in response to a Constitutional Court decision is deemed inappropriate. Because the dissemination is not a legal regulation, it is not necessary to follow the Constitutional Court’s decision when considering the law. In an ideal world, the Constitutional Court’s decision is followed by legislation.
The Role of Medan Regulatory Assistance Institute (LBH) in Handling Alleged Malpractice Crimes of Assistant Pharmacists Based on the Perspective of Fiqh Siyasah Maliyah Muhammad Rafhi Rs; Irwansyah Irwansyah
Indonesian Interdisciplinary Journal of Sharia Economics (IIJSE) Vol 6 No 3 (2023): Sharia Economic: November, 2023
Publisher : Sharia Economics Department Universitas KH. Abdul Chalim, Mojokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31538/iijse.v6i3.3573

Abstract

The presence of legal aid is considered very important for countries that use equality before the law guidelines. So far, the provision of legal aid has not been seen as significant in reaching poor people or groups. This kind of research needs to be done to provide information and education to the wider community that there is still justice being created in this country. This research is qualitative research, using an empirical juridical analysis approach to research aspects. The data collection technique of this research is by document study method, more precisely using secondary documents in the form of case files during this case, then by structured interview technique whose sources are LBH Medan volunteers and Okta and Sukma, and finally by literature study technique. The end of all the struggles of LBH Medan volunteers was determined by the Panel of Judges of Medan District Court by handing down a verdict of acquittal (vrijspraak) in case Number 2258/Pid. Sus/2020/PN Mdn and also the Panel of Judges restored the rights of the defendant from all legal charges. There are several considerations presented by the Panel of Judges in the acquittal (vrijspraak) in this case, that it was not Okta and Sukma who made the mistake of giving drugs but Endang Batubara. In this case, in terms of state expenditure through the provision of food and drink as well as vitamins and supporting equipment while in prison, it has spent a lot of budgets with the fact that the case was forced like this. As a result, the state can spend to provide for the needs of Okta and Sukma while imprisoned around Rp. 30,000,000 (Thirty Million Rupiah) in a period of 4 months of detention.
Rangkap Jabatan Menteri dalam Konteks Kepentingan Negara Berdasarkan Asas – Asas Umum Pemerintahan yang Baik Perspektif Siyasah Tanfidziyah Amin Rahmad Panjaitan; Irwansyah Irwansyah
UNES Law Review Vol. 6 No. 2 (2023): UNES LAW REVIEW (Desember 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1310

Abstract

Rangkap jabatan" is a term in Indonesian that refers to an individual holding multiple positions in different companies or institutions. In Indonesia, the issue of ministers holding multiple positions has become controversial. The purpose is to understand the laws and general principles of good governance that apply. The author uses a normative juridical research method to analyze every writing, rule, and its application. Based on Article 23 of Law Number 39 of 2008, it is stated that ministers are prohibited from holding multiple positions as other officials in accordance with laws and regulations, commissioners or directors of state-owned or private companies, and leaders of organizations funded by the State Revenue and Expenditure Budget/Regional Revenue and Expenditure Budget. Meanwhile, in Article 10 of Law Number 30 of 2014, it is stated that officials in carrying out their duties must be based on the principles of Good Governance and must not be contradictory. In Indonesia, there are several ministers who hold positions as chairman of political parties and other large organizations at the same time. This is certainly contrary to the applicable rules. It is concluded that the practice of ministers holding multiple positions in Indonesia as chairman of political parties and leaders of other large organizations is contrary to the explanation of Article 23 of Law Number 39 of 2008 and Article 10 of Law Number 30 of 2014. Based on the perspective of siyasah tandfiziyyah, holding multiple positions by ministers in Indonesia is not in accordance with one of the principles used in the Islamic governance system.