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All Journal Jurnal Hukum dan Sosial Politik Deposisi: Jurnal Publikasi Ilmu Hukum Jurnal Relasi Publik Birokrasi: Jurnal Ilmu Hukum dan Tata Negara Eksekusi: Jurnal Ilmu Hukum dan Administrasi Negara Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora Intellektika: Jurnal Ilmiah Mahasiswa Jembatan Hukum: Kajian Ilmu Hukum, Sosial dan Administrasi Negara International Journal of Law and Society Amandemen: Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia Terang: Jurnal Kajian Ilmu Sosial, Politik dan Hukum International Journal of Law, Crime and Justice
Taufiqurrohman Syahuri
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Arts Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Asas-Asas Umum Pemerintahan yang Baik Sebagai Dasar Pejabat Pemerintah Untuk Melakukan Diskresi Aprilian Nurahsan Ismail; Taufiqurrohman Syahuri
Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 2 No. 3 (2024): September : Jurnal Publikasi Ilmu Hukum
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/deposisi.v2i3.3772

Abstract

This study examines the concept of Freies Ermessen in government policy and how the principles of General Principles of Good Governance (GPGG) are used to establish the basis for discretionary actions. Freies Ermessen grants government officials the freedom to act without being entirely bound by law, primarily aiming to enhance public welfare. However, within the framework of a legal state, the use of discretion must meet GPGG elements such as public service objectives, active state administration actions, law-permitted actions, self-initiative, addressing urgent issues, and moral and legal accountability. This research employs normative legal methods to examine the internal aspects of positive law, focusing on how GPGG can be used as a concrete basis for public officials in exercising discretion. GPGG serves as a guideline for the government to ensure their actions align with legal purposes and avoid abuse of power. These principles also assist citizens in seeking justice and provide a basis for judges in reviewing administrative decisions. The study highlights the significance of shifting GPGG from unwritten to written law, as stipulated in Law Number 30 of 2014 on Government Administration, to facilitate officials in using these principles as guidelines. The implementation of discretion regulated by this law aims to streamline government administration, fill legal gaps, provide legal certainty, and overcome government stagnation for public benefit and interest.
Penerapan Konsep Teori Utilitarianisme Dalam Penegakan Hukum Di Indonesia Nurwidya Kusma Wardhani; Tulus M. Lumban Gaol; Taufiqurrohman Syahuri
Jurnal Relasi Publik Vol. 2 No. 1 (2024): Februari : Jurnal Relasi Publik
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jrp-widyakarya.v2i1.2179

Abstract

This research aims to see how the concept of utilitarianism is applied in Indonesia. The application of the theory of utilitarianism will be studied more deeply in terms of law enforcement in society. Of course, through this method it can be seen that utilities that are useful and benefit the whole community will have more value than a legal decision that only benefits each party. One figure, Jeremy Bentham, said that the aim of law must fulfill three aspects, namely Justice, Certainty and Benefit. Therefore, legal objectives must be met so that the regulations or legal products formed by law bearers are expected to fulfill these three aspects perfectly. However, the truth of these three aspects as the objectives of creating a legal product that must exist, must be examined more deeply, whether it is true that the law has perfectly created justice, has certainty, and must provide benefits to society. The data collection method was carried out by studying literacy and statutory regulations and conducting qualitative descriptive data analysis.
Penerapan Teori Hukum Alam Dalam Legalitas Kepemilikan Tanah Alisya Rahma Saebani; Yohana Sekar Pawening; Taufiqurrohman Syahuri
Jurnal Hukum dan Sosial Politik Vol. 2 No. 1 (2024): Februari : Jurnal Hukum dan Sosial Politik
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v2i1.2016

Abstract

Natural law is everything that exists in accordance with the rules of the universe. This law also proves that there are fundamental demands in human life that are evident in their existence as reasonable beings. Humans should not follow their irrational instincts, but rather considerations of reason and moral sense. In Indonesia, this is regulated in Law No. 5/1960 on the Basic Regulation of Agrarian Principles (UUPA). With the regulation of this Law, the Indonesian people have the legality of land ownership in this case the rights and legal protection for the land owned and used for survival. But currently there is still a lack of socialization of rural communities, especially inland, of the importance of ownership of legal land ownership certificates.
Praktek Berbangsa Dan Bernegara Berdasarkan Ketuhanan Di Indonesia Dalam Kaitanya Dengan Teori Pembentukan Negara Teokrasi Riyanto Riyanto; Avi Firzashafira; Taufiqurrohman Syahuri
Jurnal Hukum dan Sosial Politik Vol. 2 No. 1 (2024): Februari : Jurnal Hukum dan Sosial Politik
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v2i1.2174

Abstract

Pancasila as a national ideology implies a religious view of the nation, which upholds the values of God Almighty. This is as determined in the constitution of the Republic of Indonesia, which is stated in Article 29 A paragraph (1) of the 1945 Constitution as a result of the amendment of Chapter XI which states that "The state is based on the Almighty God" so that religious legitimacy is still needed in various aspects of the life of the nation and state, so that it cannot be separated from the Theory of Theocracy which states that the supreme power in a country is God's power which means, no one has supreme power in a country, apart from God. The purpose of this study is to examine and analyse carefully the practice of the nation and state based on divinity in Indonesia in relation to the theory of the formation of theocratic states. The legal research method used is normative juridical legal research method by conducting research on library materials and using statute approach. The result of the research is that the practice of religious life should strengthen and strengthen unity, integrity, and national resilience with Pancasila as the state philosophy and ideology of the nation as a determinant of national integration, a source of ethics for state administration, and continue to clarify and reinforce the role of religion as a state direction in the nation and state.
Peranan Pengadilan Tata Usaha Negara Dalam Penyelesaian Sengketa Merek Muhammad Anwar Ibrahim; Gema Permana Rahman; Taufiqurrohman Syahuri
Eksekusi : Jurnal Ilmu Hukum dan Administrasi Negara Vol. 2 No. 1 (2024): Februari : Jurnal Ilmu Hukum dan Administrasi Negara
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/eksekusi.v2i1.786

Abstract

As time goes by and the development of law in Indonesia, the trademark has become a symbol that has been integrated in the life of society. Given the importance of a brand, the brand must get a protection from each country. Protection of a trademark in Indonesia is regulated in Act No. 20 Year 2016 on Trademarks and Geographical Indications, one of the materials regulated in the Act is about the settlement of trademark disputes. The settlement of trademark disputes is resolved by two judicial bodies, namely the Commercial Court and the State Administrative Court. This research uses a normative juridical approach method with descriptive analytical analysis of legal materials. The results of this study found that the authority of the State Administrative Court (PTUN) is to examine, decide and resolve State Administrative disputes (TUN) in a dispute arising in the field of State Administrative law (TUN) between persons or civil law entities (members of the public) with agencies or TUN officials (government) within the scope of the central government also includes local government as a result of the issuance of a TUN decision (beschikking). State Administrative Court has a very important role in resolving trademark disputes on the basis of registered trademark owners object to the decision to remove the registered trademark on the initiative of the Minister.  
Keabsahan Keputusan Tata Usaha Negara yang Diterbitkan Pasca Undang-Undang Cipta Kerja Aldy Mirozul; Taufiqurrohman Syahuri
Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 2 No. 3 (2024): September : Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : STAI YPIQ BAUBAU, SULAWESI TENGGARA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59059/mandub.v2i3.1398

Abstract

This study aims to analyze the validity of State Administrative Decrees issued by State Administrative Agencies/Officials based on the Job Creation Law in order to accelerate business licensing juxtaposed with the legal requirements of a State Administrative Decree. The research used is a critical analysis with a qualitative approach involving analysis of legal documents and related literature. This study reveals that the acceleration of the issuance of business licenses based on Government Regulation Number 5 of 2021 must meet the criteria for the legal requirements of a State Administrative Decree. The results of the study are expected to provide a comprehensive picture of the risks and impacts of the issuance of business licenses on business actors and provide input in the preparation of regulations that are derived from the Job Creation Law.
Tugas dan Sifat Politik Hukum terhadap Sistem Hukum di Indonesia Vedita Akbar; Nada Prima Dirkareshza; Taufiqurrohman Syahuri
Intellektika : Jurnal Ilmiah Mahasiswa Vol. 3 No. 1 (2025): Intellektika : Jurnal Ilmiah Mahasiswa
Publisher : STIKes Ibnu Sina Ajibarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59841/intellektika.v3i1.2033

Abstract

Legal politics plays a role in determining the direction of legal policy that must be taken by the government to achieve certain goals. Legal politics is a very important component, one of which is the implementation of existing laws in the country and every policy taken by the government reflects existing political dynamics and the interests of certain groups, thereby affecting the integrity and justice of the existing legal system. The purpose of writing this article is to research further on how the duties and objectives of legal politics are applied to the Indonesian legal system and whether the application of the nature of legal politics is appropriate to the Indonesian legal system. The method used is normative juridical with a statutory and conceptual approach. Legal politics in Indonesia is normative, dynamic, adaptive, pragmatic, progressive, and functions as a tool of social control. However, implementation is often hampered by political interests and lack of consistent implementation. Therefore, there is a need for regular regulatory evaluation, increased transparency of law enforcement, and public participation to create a more responsive and fair legal system.
Konflik Kasus Papua dalam Perspektif Hukum Tata Negara Darurat Nurwidya Kusma Wardhani; Taufiqurrohman Syahuri
Terang : Jurnal Kajian Ilmu Sosial, Politik dan Hukum Vol. 1 No. 4 (2024): Desember: Terang : Jurnal Kajian Ilmu Sosial, Politik dan Hukum
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/terang.v1i4.646

Abstract

This research aims to examine how the Papuan conflict from the perspective of emergency constitutional law. The perspective of emergency constitutional law in this study discusses more about the development of the Papuan case from time to time. We all know that the conflict in Papua has yet to be resolved. The role of the TNI and Police in maintaining defense and security in Papua makes its own attention not only in the national arena but also in the international arena. The method of data collection is carried out by means of literacy studies and laws and regulations and conducting qualitative descriptive data analysis to find out how the Papuan conflict from the perspective of emergency constitutional law. Both internal and external threats due to the desire of the Papuan people to separate themselves from Indonesia.
Hukum Tata Negara Darurat dalam Perspektif HAM : Dilema Antara Keamanan Negara dan Hak Asasi Manusia M. Reza Saputra; Irwan Triadi; Taufiqurrohman Syahuri
Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA Vol. 2 No. 4 (2024): Desember : Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/birokrasi.v2i4.1585

Abstract

This research examines the dilemma between national security and human rights protection in the context of emergency constitutional law in Indonesia. Through a juridical-normative approach, this study analyzes the balance between state authority in dealing with emergencies and the obligation to protect citizens' human rights. The findings indicate that although the state can restrict human rights during emergencies, such restrictions must comply with the principles of necessity and proportionality and not violate non-derogable rights. Indonesia's experience implementing emergency constitutional law, such as in the cases of DOM Aceh and the COVID-19 pandemic response, demonstrates the importance of regulatory reform to create a more comprehensive legal framework in maintaining a balance between national security and human rights protection. This research recommends updating the State of Emergency Law to align with current developments and strengthen oversight mechanisms to prevent abuse of emergency powers.
Sejarah Gerakan Islam/ Tentara Islam Indonesia dengan Perspektif Hukum Responsif Saskia Nursukma Andriliani; Taufiqurrohman Syahuri
Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia Vol. 2 No. 1 (2025): Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/amandemen.v2i1.728

Abstract

The DI/TII social movement, which began on August 7, 1949, emerged as a result of socio-political tensions, particularly resistance to the Reorganization and Rationalization (Rera) policy. This movement aimed to establish an Islamic state in Indonesia and arose as a reaction to government policies perceived as inconsistent with Islamic principles. Discontent among former TNI soldiers and local militias due to the Rera policy fueled the movement, with many of these disillusioned individuals joining DI/TII. On February 10–11, 1948, Sekarmadji Maridjan Kartosuwiryo and Raden Oni organized a conference of Islamic leaders, during which the idea of forming the Islamic State of Indonesia (Negara Islam Indonesia, NII) was introduced. Kartosuwiryo declared himself the Grand Imam of the Islamic State of Indonesia. The widespread and massive expansion of this movement increasingly disrupted society, as it involved acts of extortion and armed resistance, creating unrest and opposition among the population. In response, the Indonesian government adopted a responsive legal approach, reflected in measures such as the enactment of the Emergency Law of 1949 and the re-adoption of the 1945 Constitution, which included restrictions in Article 28J(2). Various efforts were undertaken to address the situation, including the deployment of military operations to suppress the rebellion and restore stability.
Co-Authors Ahmad Ahsin Thohari Aldy Mirozul Alisya Rahma Saebani Annisa Dwi Lestari Aprilian Ismail Nurahsan Aprilian Nurahsan Ismail Avi Firzashafira Gema Permana Rahman Irwan Triadi M. Reza Saputra Muhammad Anwar Ibrahim Nada Prima Dirkareshza Nurwidya Kusma Wardhani Riyanto Riyanto Saskia Nursukma Andriliani Tulus M. Lumban Gaol Vedita Akbar Yohana Sekar Pawening