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Juridical Review of Dissenting Opinion of Decision No.90/PUU-XXI/2023 Related to The Argument Of Open Legal Policy and The Code of Ethics Of MK Judges Kurnia Ali Syarif
Pinisi Journal of Social Science Vol 3, No 1 (2024): May
Publisher : Universitas Negeri Makassar

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The Constitutional Court (MK) Decision No. 90/PUU-XXI/2023 has attracted widespread attention regarding the dissenting opinion arguments put forward by a number of judges regarding the application of the Open Legal Policy (OLP) principle and the Code of Ethics of MK Judges. In this juridical review, we explore the various arguments contained in the dissenting opinion of Decision No. 90/PUU-XXI/2023, particularly those related to legal considerations related to OLP and the moral obligations of judges in interpreting and applying the law. This abstract aims to provide a comprehensive overview of the dynamics of legal interpretation and conflicting arguments in the context of this controversial Constitutional Court decision. By analyzing the arguments put forward in the dissenting opinion, we highlight the complexity of the legal and ethical issues involved, as well as the implications for the legitimacy and authority of the constitutional court. Through this review, it is hoped that a deeper insight into how the Constitutional Court dealt with the conflict between OLP and judges' code of ethics in the context of its decision-making can be found, as well as the implications of this decision for the future of constitutional justice in our country.

The Beginner Voters Perspectives About Political Participation Nearing 2024 Elections In SMAN 3 Takalar Herman, Herman; Ririn Nurfaathirany Heri; Kurnia Ali Syarif
International Journal of Education, Vocational and Social Science Vol. 2 No. 04 (2023): November, International Journal of Education, vocational and Social Science (I
Publisher : Cita konsultindo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63922/ijevss.v2i04.462

This study specifically look at, analyze, and describe the viewpoint of beginner voters at SMAN 3 Takalar with regard to political participation in advance of the 2024 election. It will also look at how much knowledge first-time voters have about exercising their voting rights in advance of the 2024 election and how that knowledge relates to what factors encourage and discourage political participation. The research method utilized in this study to explore the issues is a sort of normative legal research This study is descriptive-analytical in nature. This research is descriptive in nature since it takes the form of an explanation and seeks to fully describe the legal situation. The statutory approach and the case approach were utilized as the research methods in this study. The results of the study show that: 1) still many students in SMAN 3 Takalar who still do not know the meaning of political participation and what to do in exercising and using the right to vote due to lack of socialization and information related to his position as a beginner voter. 2) Factors that can influence the involvement of a novice voter in expressing himself in the election are: awareness of the importance of the right to vote and his obligation to give the best representative to represent himself, then there is an incentive for a newbie voter to use his right of vote either from the mass media and others, and lastly political factors and the environment in which he lives. The Conclusion is Views on political engagement among first-time voters at SMAN 3 Takalar are thought to be lacking as a result of a lack of knowledge and socialization regarding the significance of exercising one's right to vote and taking part in the success of political contestation prior to the 2024 election. This is due to a lack of awareness and stimulation of the desire to engage in democratic parties as well as a lack of knowledge regarding the repercussions of failing to exercise one's right to vote

Prevention And Handling Of Demonstrations In A Student City Kurnia Ali Syarif; Andi Kasmawati; Ririn Nurfaathirany Heri
International Journal of Education, Vocational and Social Science Vol. 3 No. 04 (2024): November, International Journal of Education, Vocational and Social Science( I
Publisher : Cita konsultindo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63922/ijevss.v3i04.1374

This research aims to obtain an overview of the police's strategy in handling student demonstrations in the city of Makassar which always carry out acts of anarchy. This research method is qualitative research, namely research that produces discoveries that cannot be achieved using statistical procedures or qualitative methods. The concept of this research is to obtain data or information related to police strategies in handling demonstrations in the city of Makassar. The police have an important role in the process of handling demonstrations carried out by citizens because they are tasked with protecting, maintaining security and public order. From the data obtained, the researcher analyzed descriptively qualitatively. From this data analysis, the researcher was able to formulate research results and draw conclusions, then prepare a report on the research results. Based on the results of research conducted by researchers regarding police strategies in handling student demonstrations in the city of Makassar, overall it can be concluded that The police's efforts in handling demonstrations in the green zone which were handled by the initial dalmas were providing security, guarding and acting as negotiators.

Application Of The Principle Of Freedom Of Contract In Insurance Law Protection For Policy Holders Kurnia Ali Syarif
International Journal of Education, Vocational and Social Science Vol. 4 No. 01 (2025): Pebruary,International Journal of Education, Vocational and Social Science( IJ
Publisher : Cita konsultindo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63922/ijevss.v4i01.1379

In the insurance industry in Indonesia, claim settlement is an important process that influences policyholders' trust in insurance companies. The principle of freedom of contract is the basis for the existence of standard agreements that regulate the legal relationship between insurers and consumers in insurance companies. However, the application of this principle requires that the parties entering into an agreement have an equal position so that the rights, obligations and provisions in the agreement take into account the interests of all parties. Insurance is an agreement between the insurer and the insured who bind each other in an agreement using the principle of freedom of contract in a legal contract that is made. This research uses analyzing the legal protection of policy holders with a normative juridical approach regarding the number of insurance companies that make agreements with exoneration clauses which are regulated in the Civil Code (KUHPerdata), Law Number 40 of 2014 concerning Insurance, and Service Authority Regulations. Finance (OJK) which is relevant to the protection of insurance policy holders. The aim of this research is to find out how the implementation of the principle of freedom of contract is related in insurance law and how protection is provided for the insurer and the insured in contract law.

Literature Study of Pasang Ri Kajang as a Guideline for Resolving Customary Violations in the Ammatoa Kajang Customary Law Community Kurnia Ali Syarif
International Journal of Education, Vocational and Social Science Vol. 1 No. 01 (2022): NOVEMBER, International Journal of Education, Vocational and Social Science (I
Publisher : Cita konsultindo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63922/ijevss.v1i01.167

The Ammatoa indigenous people of the Kajang tribe have a cultural institution called. They live exclusively in the Area known as the Ammatoa Customary Area. The distances from the sub-district capital, regency capital and provincial capital to the location of customary areas are: 25 km, 57 km and 270 km respectively. The life of the indigenous people who live in the customary area is called the Ilalang embayyah (Kajang Dalam) area where the indigenous people adhere to or are guided by "Pasang Ri Kajang", namely in the form of messages, wills, advice, mandates that are sacred in nature and are legally obligatory to implement. This research is a Literature Study by tracing the results of scientific publications with a vulnerability of 2019-2022 with the keyword Pasang Ri Kajang. The search was carried out through the Adabiyah Journal, Equilibrium, ALDEV, and Google Scholar databases. Based on the results of a literature search with the keyword Pasang Ri Kajang, 490 results were obtained, then screening which articles were Free Full Text (n: 312), and identified based on which titles were close to research (n: 51), screening based on abstract identification by looking at the results and research methods (n: 28), identify the feasibility of the remaining articles (n: 7), in order to obtain 5 articles that are in accordance with the research objectives.

Limited Legal Assistance As Significant Obstacle To Justice Kurnia Ali Syarif
International Journal of Education, Vocational and Social Science Vol. 2 No. 03 (2023): August, International Journal of Education, vocational and Social Science (IJE
Publisher : Cita konsultindo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63922/ijevss.v2i03.301

Limited access to legal aid exacerbates obstacles to justice, because it is easy for justice seekers to gain access to legal aid and can provide objective justice in their implementation. To solve this problem, researchers use normative legal research methods to see and describe the effectiveness of the existence of legal assistance for justice seekers. From the results of the research, it was found that to overcome limited legal aid as an obstacle to justice requires a multi-aspect approach. Several potential solutions that need to be implemented include finding solutions to financial constraints, resolving gaps in knowledge and information about the law, balancing bargaining power that seems unequal, facilitating access to legal aid, and dealing with the complexity of legal procedures.

Application of Child Protection Law in the Context of Formal Education: A Social Anthropology Review Kurnia Ali Syarif; Dyan Paramitha Darmayanti
Celebes Journal of Elementary Education Vol 1 No 1 (2023): Celebes Journal of Elementary Education : Juni (2023)
Publisher : Universitas Sulawesi Barat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31605/cjee.v1i1.3446

Dalam penelitian ini, antropologi sosial digunakan untuk menyelidiki bagaimana undang-undang perlindungan anak diterapkan dalam institusi pendidikan formal. Pendidikan formal dan perlindungan anak adalah dua komponen penting dalam perkembangan anak-anak. Meskipun telah ada usaha untuk melindungi anak-anak di pendidikan formal, pemahaman kita tentang bagaimana hukum perlindungan anak diterapkan dan bagaimana perubahan budaya dan sosial memengaruhi proses ini masih terbatas. Studi ini menggunakan pendekatan studi kasus kualitatif untuk mendapatkan pemahaman yang lebih baik tentang bagaimana hukum perlindungan anak diterapkan di beberapa lembaga pendidikan formal. Proses pengumpulan data terdiri dari observasi partisipatif, wawancara dengan berbagai pemangku kepentingan, dan analisis dokumen tingkat lembaga terkait kebijakan dan praktik. Penelitian ini bertujuan untuk memberikan gambaran tentang kesulitan penerapan hukum perlindungan anak dalam pendidikan formal. Analisis antropologi sosial akan digunakan untuk memahami bagaimana nilai-nilai budaya, norma, dan struktur sosial mempengaruhi penerapan hukum tersebut. Studi ini juga akan mempelajari bagaimana penerapan hukum perlindungan anak berdampak pada pengalaman pendidikan anak-anak, baik dari segi psikologis maupun sosial. Penelitian ini diharapkan dapat memberikan pemahaman yang lebih baik tentang kesulitan dan peluang dalam menciptakan lingkungan pendidikan formal yang aman, inklusif, dan mendukung untuk perkembangan optimal anak-anak. Dengan menggabungkan elemen hukum, pendidikan, dan antropologi sosial, penelitian ini diharapkan dapat memberikan kontribusi yang signifikan terhadap perbaikan kebijakan, praktik pendidikan, dan perlindungan hak anak di lingkungan pendidikan formal.

The Juridical Construction of Passive Subjective Novation Through Paylater Schemes in Marketplace Business Transactions Firmansyah; Kurnia Ali Syarif; Hadyan Hashfi
International Journal of Education, Vocational and Social Science Vol. 5 No. 01 (2026): International Journal of Education, Vocational and Social Science( IJVESS)
Publisher : Cita konsultindo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63922/ijevss.v5i01.2618

Increasingly progressive digital technology is driving significant changes in business transaction practices, particularly through marketplace platforms. This has led to new innovations widely used by consumers, such as paylater services, which allow payments to be routed through third parties, such as fintech companies. This scheme raises questions regarding the legal standing of the parties in an agreement. This paper discusses the legal standing of the parties by focusing on the concept of passive subjective novation, namely the replacement of the debtor's position in an agreement, as regulated in the Civil Code (KUHPerdata). The research method used is normative law with a qualitative descriptive analysis approach referring to statutory regulations, conceptual frameworks, and actual practices in Indonesia. The results show that in paylater transactions, passive subjective novation occurs, where the consumer, who was originally indebted to the seller, is replaced by the paylater service party as the new debtor, while the consumer shifts into a new obligation to the paylater service. This practice is in accordance with the principle of freedom of contract and is legally valid according to the Civil Code, POJK and the ITE Law.

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