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Constitutional Authority Based on the Constitutional Court Decision in Indonesia Iskandar Muda; Bintan R. Saragih; Ferry Edwar
Fiat Justisia: Jurnal Ilmu Hukum Vol 17 No 3 (2023): Issue In progress (July 2023)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v17no3.2636

At least there has been a development regarding the constitutional authority of the Constitutional Court in four ways based on its decision. It is also true that the Constitutional Court's decision is final and binding, but not in the sense of not being examined further. This study uses normative research methods. The results revealed four developments in the constitutional authority of the Constitutional Court in three ways: passive, active, and passive-active methods. Furthermore, it was also revealed; that there are also development efforts that have occurred more than once in the same matter. Therefore, in the future when the Constitutional Court decides on cases related to its authority, ideally by observing the limiting signs of the previous decision and considering the three basic characteristics of constitutional interpretation. Likewise, in the future there is another development regarding the constitutional authority of the Constitutional Court. In that case, it is appropriate to also pay attention to the three basic characteristics of constitutional interpretation.

INDEPENDENSI PENGADILAN PAJAK DITINJAU DARI PASAL 24 AYAT (1) UUD NRI 1945 Adiel Muhammad Kanantha; Ferry Edwar
Reformasi Hukum Trisakti Vol. 4 No. 1 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Number of the Constitutional Court's ruling: 10/PPU-XVIII/2020 This puts the Tax Court's impartiality to the test. The Constitutional Court approved the change made to Law No. 14 of 2002's Article 8 paragraph (2), which now reads, Chairman and Deputy Chairperson are appointed by the President who is elected from and by Judges who are then proposed through the Minister with the Approval of the Chief Justice of the Supreme Court for one term of office. Five years and rejected Law No. 14 of 2002's Article 5 Paragraph 2. The question posed is whether the Tax Court has been independent in exercising its judicial authority and what legal measures might be implemented to ensure the Tax Court's independence. The normative writing approach, the nature of descriptive writing, the type of data using secondary data, qualitative data analysis. As well as drawing conclusions is done with deductive logic. Based on the results of the study, the Tax Court as part of an independent Judicial Power should exercise independent judicial power, but the Tax Court in Law No. 14 of 2002 still places the Tax Court under executive supervision even though it has been tested at the Constitutional Court.

ORGANISASI PAPUA MERDEKA SEBAGAI ORGANISASI TERORIS BERDASARKAN UNDANG-UNDANG NO 5 TAHUN 2018 Nafa Afrillia; Ferry Edward
Reformasi Hukum Trisakti Vol. 5 No. 2 (2023): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i2.15038

The Free Papua group (OPM) was declared a terrorist group in accordance with Law Number 5 of 2018. OPM, on the other hand, is seen as a group of freedom fighters. Problem formulation: Is the Free Papua group (OPM) determined to be a terrorist group in accordance with Law No. 5 of 2018 and what are the legal repercussions of the Free Papua Organization (OPM)'s creation as a terrorist organization? The research method used is normative legal research and is analytically descriptive in nature, the data is processed qualitatively and conclusions are drawn using deductive logic. As for the research results, discussion and conclusions in the study; based on Article 1 number (3) in conjunction with Article 6 of Law no. 5 of 2018 concerning the Eradication of Acts of Terrorism, the government's designation of OPM as a terrorist organization is in accordance with applicable regulations. The legal consequences of the designation of OPM as a terrorist organization, the act of terrorism is a Criminal Act of Terrorism as stipulated in Article 5 of Law Number 5 of 2018.

ANALISIS PERPRES NO. 113 TAHUN 2021 DITINJAU DARI PUTUSAN MK NO. 91/PUU-XVIII/2020 Nurfatika; Ferry Edwar
Reformasi Hukum Trisakti Vol. 5 No. 1 (2023): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i1.16002

The Law No. 11 of 2020 Concerning Job Creation (Job Creation Law) has been declared to be conditionally unconstitutional by the Constitutional Court Decision No. 91/PUU-XVIII/2020, which means that the articles put up for review have been found to conditionally violate the 1945 Constitution. However, following the reading of the Decision, the Government issued Presidential Regulation No. 113 of 2021 concerning the Structure and Implementation of the Land Bank Agency. This regulation has to do with the Job Creation Law and is in contravention of the Constitutional Court's ruling that the Government must suspend or postpone any policies related to the Job Creation Law. Whether the issue of Presidential Decree No. 113 of 2021 is in accordance with the Constitutional Court Decision No. 91/PUU-XVIII/2020 and what are the legal consequences of the issuance of Presidential Decree No. 113 of 2021. This research uses a normative juridical method. The results of this study indicate that based on the research that has been done, it can be concluded that the issuance of Presidential Decree No. 113 of 2021 violates and contradicts the Constitutional Court Decision No. 91/PUU-XVIII/2020.

A PERBANDINGAN HUKUM TENTANG MAHKAMAH KONSTITUSI INDONESIA DENGAN MAHKAMAH KONSTITUSI BELGIA Haryokusumo Nugroho Putro; Ferry Edwar
Reformasi Hukum Trisakti Vol. 5 No. 3 (2023): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i3.16817

The concept of testing norms through a judicial institution is known as a judicial review. The doctrine of Judicial review differs from country to country. The development of judicial review in Belgium has almost the same as in Indonesia. The problem is what are the differences and similarities Judicial review by the Constitutional Court of the Indonesia and Constitutional Arbitrage in Belgium? What are the advantages/disadvantages of Judicial review by the Constitutional Court of the Republic of Indonesia and Constitutional Arbitrage in Belgium? The results of the study show that the application of judicial review by the Constitutional Court in Indonesia and in Belgium has similarities as well as differences. The advantages and disadvantages between the Judicial review by the Constitutional Court of the Republic of Indonesia and Constitutional Arbitrage in Belgium, can be used as material for evaluating the judicial review system in the Republic of Indonesia in order to create a better legal system and provide benefits to society. Discussion and conclusion that the Similarities and Differences of judicial review in Indonesia and Belgium are institutions authorized to carry out judicial reviews; Authority examines Government actions; Submission of judicial review. The advantage of judicial review is that there is no interference from other parties such as the Court, the Government or the People's Representative Council. Lack of judicial review, there are two judicial institutions that have the authority to handle judicial.

PENGELOLAAN KEUANGAN NEGARA HASIL TINDAK PIDANA KORUPSI BERDASARKAN UNDANG-UNDANG NOMOR 17 TAHUN 2003 TENTANG KEUANGAN NEGARA (STUDI PUTUSAN MAHKAMAH AGUNG 29/PID.SUS-TPK/2021/PN.JKT PST): Management of State Financial Proceeds of Corruption Crime based on Law Number 17 of 2003 Concerning State Finance State ( Study of Supreme Court Decision 29/Pid.Sus-TPK/2021/PN.Jkt. Pst) Devica Alivia Marzani; Ferry Edward
AMICUS CURIAE Vol. 1 No. 1 (2024): Amicus Curiae
Publisher : Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i1.19591

In the Supreme Court decision 29/Pid.Sus-TPK/2021/PN.Jkt.Pst the panel of judges decided that Juliari Peter Batubara must pay state compensation money. The main issues raised by the author 1) What is the process for managing returns to state finances resulting from criminal acts of corruption (Study of Supreme Court Decision 29/Pid.Sus-TPK/2021/PN.Jkt.Pst), to the state according to the applicable laws and regulations? 2) Are there any obstacles in the process of recovering state financial losses from corruption? This study uses a normative research type that is descriptive-analytical. Data collection uses primary data and secondary data. The data is processed qualitatively by drawing conclusions using a deductive method. The results of the research show that the process of managing state financial losses carried out by the defendant Juliari Peter Batubara refers to the Attorney General's Office Regulation of the Republic of Indonesia Number 19 of 2020 concerning Settlement of Compensation Money Decided by Courts and Regulation of the Minister of Finance Number 225 of 2020 concerning the Electronic State Revenue System . In the process of returning state financial losses resulting from the corruption crime of Juliari Peter Batubara there were no obstacles because the convict was able to and had compensated for the state losses arising from the proceeds of the corruption crime.

INDEPENDENSI PENGADILAN PAJAK DITINJAU DARI PASAL 24 AYAT (1) UUD NRI 1945 Adiel Muhammad Kanantha; Ferry Edwar
Reformasi Hukum Trisakti Vol 4 No 1 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i1.13405

Number of the Constitutional Court's ruling: 10/PPU-XVIII/2020 This puts the Tax Court's impartiality to the test. The Constitutional Court approved the change made to Law No. 14 of 2002's Article 8 paragraph (2), which now reads, Chairman and Deputy Chairperson are appointed by the President who is elected from and by Judges who are then proposed through the Minister with the Approval of the Chief Justice of the Supreme Court for one term of office. Five years and rejected Law No. 14 of 2002's Article 5 Paragraph 2. The question posed is whether the Tax Court has been independent in exercising its judicial authority and what legal measures might be implemented to ensure the Tax Court's independence. The normative writing approach, the nature of descriptive writing, the type of data using secondary data, qualitative data analysis. As well as drawing conclusions is done with deductive logic. Based on the results of the study, the Tax Court as part of an independent Judicial Power should exercise independent judicial power, but the Tax Court in Law No. 14 of 2002 still places the Tax Court under executive supervision even though it has been tested at the Constitutional Court.

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