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All Journal Wacana Hukum Brawijaya Law Journal : Journal of Legal Studies El-Mashlahah Journal of Indonesian Legal Studies Jurnal Ilmiah Kebijakan Hukum Jurnal Ilmiah Hukum LEGALITY Jambe Law Journal Indonesian Journal of Advocacy and Legal Services Unnes Law Journal Human Rights in The Global South (HRGS) Indonesian Journal of Advocacy and Legal Services
zaka firma aditya, zaka firma
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Monitoring of Litigation Costs and Efforts to Eradicate Judicial Corruption Practices Aditya, Zaka Firma; Al-Fatih, Sholahuddin
Indonesian Journal of Advocacy and Legal Services Vol 2 No 2 (2020): Civil Rights and Advocacy: Controversial and Contemporary Issues
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v2i2.38148

Abstract

Judicial corruption practices in Indonesia have been going on for long time. Even, according to the Transparency International survey (2007), the judiciary in Indonesia ranks the highest for corruption perception index. Not only that, the mode used by the judicial mafia is also increasingly modern and occurs almost in all aspects of judiciary. This research has two aims, namely: (1) to know and analyze the mode of corruption in the judicial process in Indonesia, and (2) to know and analyze the model of litigation cost control in the judicial process in Indonesia. This research is a juricial-normative research which is using the statute approach and conceptual approach. From this research, it can be seen that, typically, corrupt practices have been initiated since the registration of the case, the establishment of the judges panel, summoning witnesses and experts, negotiating decisions and costs of copy of the decisions. Ironically, many parties are involved in the judicial corruption practices ranging from clerks, officials and employers in the judiciary and the judges themselves. However, the more modern technology can be used as an alternative solution in combating the practices of judicial corruption. One of them, by applying litigation cost control that can be integrated through a whistleblowing system. In this way, the public can monitor in real-time the trial process starting from registration litigation fees, the process of litigation until post-verification, officials and employers in the judiciary and the judges themselves.
Academic Freedom of Expression in Indonesia: A Maqashid Sharia Notes Al-Fatih, Sholahuddin; Aditya, Zaka Firma; Fuadi, Abdul Basid; Nur, Muhammad
El-Mashlahah Vol 13, No 2 (2023)
Publisher : Sharia Faculty of State Islamic Institute (IAIN) Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23971/el-mashlahah.v13i2.7573

Abstract

This article intended to examine academic freedom in Indonesia, especially in the last decade (2014-2022). As a country that upholds human rights and Islamic values, academic freedom in Indonesia is in chaos, especially on hifz al-nafs and hifz al-‘aql fulfillment. Many forms of thought expression and criticism conveyed by scholars to the government in academic forums are responded to with various terror, threats, and criminalization on the grounds of state stability. Scholars who are critical of government policies fall victim to criminalization, go to prison, and are dismissed from college due to being considered to violate college ethics. The many cases of academic freedom infringement indicate a severe problem where the thought of scientists in an academic forum is being ‘undermined’ by authoritarian government regimes. This paper examines cases relating to the curbs on academic freedom, especially in the Joko Widodo regime 2014-2022, with an overview of Islamic law (maqashid sharia). The research employed a normative legal method using conceptual, regulatory, and historical approaches. As a result, academic freedom in Indonesia can be restored through amendments to Article 207 of the Criminal Code and Articles 27-28 of the EIT Law to eliminate the restriction of academic freedom of expression and fulfill the hifz al-nafs and hifz al-‘aql for every scholar and citizens.
The legal protection system of indigenous peoples in Southeast Asia Aditya, Zaka Firma; Al-Fatih, Sholahuddin
Legality : Jurnal Ilmiah Hukum Vol. 31 No. 2 (2023): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v31i2.27619

Abstract

Globalization has a bad impact on the indigenous peoples in Southeast Asia countries. The demands of globalization have led the governments in Southeast Asia countries to exploit and industrialize indigenous regions excessively, resulting in marginalized indigenous peoples and the threat of extinction. Not intended for the benefit and welfare of indigenous peoples, the policy made by the government in several Southeast Asia countries did much to reduce the value of humanity and the rights of indigenous peoples. Even with rapid industrialization in Southeast Asia countries, many indigenous peoples are poor, left far behind, and illiterate due to isolation from the outside world. This paper aims to analyze the legal protection of indigenous people in Southeast Asia, especially in facing digital age. By normative juridical method, this paper found that the government and developers' exploitation of indigenous peoples in the region has always been laden with conflicts between the government, the developers (economic motive), and indigenous peoples, and such conflicts of interest are usually won by the interests of the government and/or developers. Indigenous peoples' right to sue for damages caused is sometimes hampered with difficulty simply because the government holds powerful and dominant standing in courts. Moreover, most countries in the Southeast Asia region does not have customary courts in their judicial institution.
The Beginning of the Human Rights 5th Generation: A Lesson from Covid-19 Outbreak in Indonesia Al-Fatih, Sholahuddin; Aditya, Zaka Firma
Jambe Law Journal Vol. 7 No. 1 (2024)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/home.v7i1.339

Abstract

This research tries to find the root cause of the spread of fake news during the Covid-19 pandemic in Indonesia. The Indonesian Ministry of Information and Communication recorded that there were 519 or 56% of the total 926 fake news during semester 1 of 2020. This figure doubled in October 2020 with a total of 1,028 fake news in the health sector especially dealing with Covid-19. Whereas, in the perspective of Human Rights, everyone has the right to get the correct information. This statement is guaranteed in Article 28F of the 1945 Constitution, Article 19 UDHR, and Article 19 of the ICCPR. These problems were then analyzed using a prescriptive method to find new concepts related to fake news to prevent a pandemic. This study indicates that the spread of fake news during the Covid-19 pandemic in Indonesia was greatly influenced by low literacy and public knowledge, lack of self-awareness, and a tendency to attack political opponents
The Legalization of Medical Marijuana: A Human Rights Law Perspective Aditya, Zaka Firma; Al Fatih, Sholahuddin
Human Rights in the Global South (HRGS) Vol. 1 No. 2 (2022)
Publisher : Serikat Pengajar Hak Asasi Manusia Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (338.713 KB) | DOI: 10.56784/hrgs.v1i2.36

Abstract

The discourse on legalizing marijuana for medical purposes in Indonesia peaked when legislators discussed the draft law on the narcotics law amendment. Efforts to legalize marijuana for medical purposes have also been pursued by testing the narcotics law. However, through decision number 106/PUU-XVII/2020, the Constitutional Court prohibited medical marijuana as a medical treatment. From the Human Rights perspective, everyone has the right to life and health. Therefore, in society's logic, the prohibition of using marijuana for medical treatment is the same as forbidding sick people to stay alive. It means that the state has failed to guarantee its citizens' lives. But on the other hand, several countries legalized medical marijuana, such as Thailand, Turkey, Lebanon, Netherlands, and Spain. So, why is Indonesia still banning the use of medical marijuana? This research tries to find the legal reasoning of Indonesia's government in the medical marijuana case. These problems were then analyzed using the prescriptive method with a comparative approach to finding new concepts related to legalizing medical marijuana in Indonesia. This study indicates that medical marijuana may be legal in the future of Indonesia's regime. It demonstrates by Indonesian Ulema Council and the Ministry of Health's political wills. The research recommendations are to provide proper education about medical marijuana and the prospect of legalization in the future.
Characteristic and Legality of Non-Litigation Regulatory Dispute Resolution Based on Constitutional Interpretation Winata, Muhammad Reza; Aditya, Zaka Firma
Brawijaya Law Journal Vol. 6 No. 2 (2019): State Regulations and Law Enforcement
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2019.006.02.04

Abstract

Hyper-regulation and disharmonization of regulations is a serious challenge in Indonesia. Ministry of Law and Human Right make a breakthrough stipulates regulation on Regulatory Dispute Resolution through Non-litigation. This mechanism is unique because commonly alternative dispute resolution (ADR) used in civil law however, this instrument exercised in constitutional law. There are two research questions: First, what are the typical characteristics of non-litigation regulatory dispute resolution on Indonesia norm harmonization system; Second, how is the legality of non-litigation regulatory dispute resolution, mainly based on constitutional perspective. Author use statute, conceptual, and historical approach as research methods. The research result found the typical characteristics of non-litigation regulatory dispute resolution that most distinguish from litigation resolution: the resolution institution is Ministry under the executive branch, the final results limited only give a recommendation, and the nature of recommendation not final and binding. Next, the legality of the authority found even though only regulated at the level of Ministerial of Law and Human Rights Regulation. However, in the analysis of constitutional interpretation methods shows clearly this authority is legally based (1) Textual interpretation; (2) Structural interpretation; (3) Prudential interpretation; and (4) Consensus interpretation. Although, by nature, this process limited to resolve the conflict between norms and overregulation because it is voluntary and the result only recommendation, but the important thing is it can open alternative resolution to stimulate the harmonization and streamlining of regulations.
Konseptualisasi Omnibus Law dalam Pemindahan Ibukota Negara Aditya, Zaka Firma; Fuadi, Abdul Basid
Jurnal Ilmiah Kebijakan Hukum Vol 15, No 1 (2021): March Edition
Publisher : Law and Human Rights Research and Development Agency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/kebijakan.2021.V15.149-164

Abstract

Omnibus lLaw menjadi perdebatan di masyarakat karena dianggap sebagai alat untuk memangkas secara instan ruwetnya regulasi di Indonesia. Keruwetan ini menjadi penyebab lambatnya negara menggapai kesejahteraan. Bahkan ditahun 2020, dengan 8.451 peraturan pusat dan 15.965 peraturan daerah belum mampu mendongkrak posisi Indonesia menjadi negara maju. Sebaliknya, banyaknya regulasi membuat pemerintah sulit melakukan akselerasi pengambilan kebijakan karena rumitnya regulasi dari pusat hingga daerah. Harmonisasi dan simplifikasi regulasi yang dilakukan masih belum mampu mengatasi masalah ini. Oleh karena itu, penyederhaan regulasi melalui omnibus law dipandang sebagai cara paling tepat untuk mengatasi permasalahan ini. Penelitian ini berfokus untuk menjawab (a) legal historis penataan regulasi di Indonesia; (b) upaya meningkatkan kualitas regulasi di Indonesia; (c) konseptualisasi omnibus law pemindahan ibukota negara. Tujuan dari penelitian ini untuk mengetahui, memahami, dan menganalisa legal historis penataan regulasi di Indonesia, upaya meningkatkan kualitas regulasi di Indonesia, dan merumuskan konseptualisasi omnibus law pemindahan ibukota negara. Penelitian ini merupakan penelitian hukum normatif, dengan pendekatan undang-undang, konsep, dan sejarah. Hasil penelitian ini menunjukan bahwa dalam pemindahan ibukota negara harus ada  harmonisasi puluhan undang-undang hingga peraturan daerah ke dalam undang-undang ibukota negara. Penggunaan omnibus law dalam pemindahan ibukota negara merupakan pilihan yang relevan dalam menyederhanakan regulasi untuk menunjang kebijakan pemindahan ibukota negara.
Monitoring of Litigation Costs and Efforts to Eradicate Judicial Corruption Practices Aditya, Zaka Firma; Al-Fatih, Sholahuddin
Indonesian Journal of Advocacy and Legal Services Vol. 2 No. 2 (2020): Civil Rights and Advocacy: Controversial and Contemporary Issues
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v2i2.23020

Abstract

Judicial corruption practices in Indonesia have been going on for long time. Even, according to the Transparency International survey (2007), the judiciary in Indonesia ranks the highest for corruption perception index. Not only that, the mode used by the judicial mafia is also increasingly modern and occurs almost in all aspects of judiciary. This research has two aims, namely: (1) to know and analyze the mode of corruption in the judicial process in Indonesia, and (2) to know and analyze the model of litigation cost control in the judicial process in Indonesia. This research is a juricial-normative research which is using the statute approach and conceptual approach. From this research, it can be seen that, typically, corrupt practices have been initiated since the registration of the case, the establishment of the judges panel, summoning witnesses and experts, negotiating decisions and costs of copy of the decisions. Ironically, many parties are involved in the judicial corruption practices ranging from clerks, officials and employers in the judiciary and the judges themselves. However, the more modern technology can be used as an alternative solution in combating the practices of judicial corruption. One of them, by applying litigation cost control that can be integrated through a whistleblowing system. In this way, the public can monitor in real-time the trial process starting from registration litigation fees, the process of litigation until post-verification, officials and employers in the judiciary and the judges themselves.
STATE LIABILITY FOR VIOLATION OF CONSTITUTIONAL RIGHTS AGAINST INDIGENOUS PEOPLE IN FREEDOM OF RELIGION AND BELIEF Aditya, Zaka Firma; Al-Fatih, Sholahuddin
Brawijaya Law Journal Vol. 4 No. 1 (2017): Constitutional Issues and Indigenous Rights
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2017.004.01.02

Abstract

The government is perceived as the main perpetrator on violations of freedom of religion and belief in Indonesia. As the state organizer, the government frequently issues discriminatory regulations and policies and tend to cause intolerance to minority religions and beliefs, particularly to indigenous peoples. While freedom of religion or belief is a constitutional rights that cannot be reduced and is guaranteed universally in constitution and laws, the law provides limitation that causes ambiguity in the fulfillment of the rights of religion and belief. In addition, the government mindset still adheres to the term of "official religion" and "non-official religion" in any policy-making, causing adherents of minority religions and beliefs to be considered as cultural heritage to be preserved. This creates injustice, discrimination, intimidation and intolerance in rights fulfillment in state and society life. This paper discusses the existence of the guarantee of freedom of religion and belief for indigenous people and state liability for violations of freedom of religion and belief. This research used normative juridical method with statute approach and conceptual approach.
Co-Authors Al Fatih, Sholahuddin Fuadi, Abdul Basid Muhammad Nur Sholahuddin Al-Fatih Winata, Muhammad Reza