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STANDARISASI BENTUK PRODUK HUKUM SEBAGAI TINDAK LANJUT PUTUSAN MAHKAMAH KONSTITUSI PADA PERKARA PENGUJIAN UNDANG-UNDANG OMNIBUS: Standardisasi Regulasi Tindak Lanjut Putusan Mahkamah Konstitusi pada Perkara Pengujian Undang-Undang Omnibus Jufri, Muwaffiq; Fahmi, Agung Ali; Aidonojie, Paul Atagamen; Asyiqoh, Lin; Ikubanni, Oluwaseye Oluwayomi
Jurnal Konstitusi Vol. 21 No. 3 (2024)
Publisher : Constitutional Court of the Republic of Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31078/jk2132

Abstract

The re-examination of the Job Creation Law in 2023 highlights a serious issue in the national legislative system, specifically the follow-up to the Constitutional Court’s (MK) decisions in judicial review cases (PUU) concerning the Omnibus Law. The urgency of this research stems from the high demand among lawmakers for drafting laws in the omnibus format and the potential for judicial review of such laws. This research contributes to addressing the follow-up to the Constitutional Court’s decisions by focusing on the choice of legislative forms as a response to these rulings. The research employs normative legal methods with conceptual, legislative, and case-based approaches. The findings emphasize the need to standardise the type of regulation to ensure the executability of the Constitutional Court’s decisions. The ideal regulatory form for implementing the Court’s rulings on the Omnibus Law is a law. Therefore, it is necessary to legitimise the use of laws as the standard form of follow-up to the Constitutional Court’s decisions on the Omnibus Law to maximise the executability of these rulings.
The Idea of Legal Pluralism in Dispute Resolution of Village Head Election in Madura Eugenia Brandao Da Silva; Asyiqoh, Lin
Journal of Indonesian Constitutional Law Vol. 1 No. 1 (2024): Journal of Indonesian Constitutional Law
Publisher : CV. Pustaka Parawali

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71239/jicl.v1i1.22

Abstract

The purpose of this study is to find a solution to the weakness of the dispute resolution regulation on the results of the village head election, which is considered to have caused ongoing problems due to the existence of a legal vacuum related to the mechanism for fulfilling the rights of the people who are harmed by the determination of the results of the Village Head Election. This research contributes to creating a dispute resolution model for the election of village heads based on local wisdom values in Indonesia.  This study uses empirical legal research methods with socio-legal and anthropo-legal approaches. The results of this study reveal that the proposed model, which involves the existence of judicial institutions at the village level that apply informally and are used as a legal tradition of the Madura community, can be a game-changer in resolving disputes over the results of village heads. This method is considered able to resolve Village head election disputes more quickly and peacefully because they are determined by figures who influence the socio-cultural structure of the Madura community. The results of this study can be used as a reference in implementing policies and legal arrangements related to the dispute resolution mechanism for the results of the Village head election, either independently by the village government or by the Pamekasan Regency Government in making Regional Regulations (Perda) related to the settlement of disputes over the results of the Village head election in Pamekasan Regency.
Salt Pricing Policy According to Islamic Justice Theory: Faridz Essack's Perspective Mukhlish, Mukhlish; Ansori, Ansori; Aidonojie, Paul Atagamen; Asyiqoh, Lin; Saiful Abdullah
Al-Huquq: Journal of Indonesian Islamic Economic Law Vol. 7 No. 1 (2025): on Progress
Publisher : Fakultas Syariah IAIN madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19105/alhuquq.v7i1.18382

Abstract

Legal issues regarding the unfairness of state policies in regulating salt prices need to be resolved, especially regarding the preparation of salt price regulations that favour the people's interests. The salt price policy should bring benefits to the people and not merely benefit the salt middlemen. This research contributes to reforming equitable regulations where the benchmarks are based on the theory of justice according to Farid Escak's theory. This research uses normative legal research methods by basing the argumentation on salt regulations and the concept of justice in Farid Escak's theory. The research produces essential findings in the form of a national salt price policy that does not bring benefits to farmers, but the policy favours the interests of middlemen and parties in the industrial sector (companies). In addition, the framework of policy regulation on equitable salt prices in Farid Escak's perspective produces ideas in the form of determining the price of salt must be in accordance with the needs of salt farmers and more oriented towards the welfare of farmers. This research recommends the need for the renewal of salt regulations to create justice in the determination of national salt prices.