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Pengaruh Penting Negosiasi Pencicilan Dan Pelacakan Aset Terkait Penyelesaian Uang Pengganti Dalam Undang-Undang Nomor 3 Tahun 1971 Yohana Sekar Pawening; Ahmad Ahsin Thohari
Jurnal Relasi Publik Vol. 2 No. 3 (2024): Agustus : Jurnal Relasi Publik
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jrp-widyakarya.v2i3.3361

Abstract

Settlement of Money in Lieu aims to provide legal certainty for arrears of Money in Lieu decided by the Court as an additional punishment against the convicted person in a corruption case based on Law Number 3 of 1971 concerning Eradication of Corruption and the decision is legally binding. The author will write about the importance of negotiation and asset tracking related to Non Litigation Settlement of Money in Lieu. The research method between quantitative methods and qualitative methods to be used together in a research activity, so as to obtain comprehensive, valid, reliable and objective data. This is related to the ability of the convict or ex-convict or heirs who have arrears of compensation money to immediately resolve the arrears, which are stated in the Minutes of Negotiations conducted by the State Attorney Team of the work unit and the findings of Asset Tracking. This can be an income in the Central Government that does not come from tax revenues (PNBP) related to State Finance.
Analisa Kebijakan Keuangan DKI Jakarta Pasca Pemindahan Ibukota Negara Ke Kalimantan Timur Nurwidya Kusma Wardhani; Ahmad Ahsin Thohari
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 2 No. 3 (2024): Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : Sekolah Tinggi Ilmu Syariah Nurul Qarnain Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59246/aladalah.v2i3.890

Abstract

This research aims to examine how financial policy is analyzed in DKI Jakarta, which incidentally was the State Capital (IKN) of Indonesia when it was no longer an IKN. IKN's move to Nusantara certainly has various impacts on the people of Jakarta. Both on the social, cultural and economic sides. The economic side will certainly experience quite significant changes. Status as an IKN certainly provides added value to Jakarta. When IKN status has moved to Nusantara, economic policies will definitely follow in the areas that become IKN. In this research, we will examine financial policies for Jakarta, with a developed region, capable infrastructure, of course economic policies will be different compared to other regions even though they no longer have IKN status. The data collection method was carried out by studying literacy and statutory regulations and conducting qualitative descriptive data analysis to find out how the financial policy analysis of DKI Jakarta was carried out after the transfer of IKN to East Kalimantan.
Analisis Potensi Implementasi Sistem Politik Tanpa Partai di Indonesia dan Dampaknya terhadap Demokrasi dan Tata Kelola Pemerintahan M. Reza Saputra; Wicipto Setiadi; Ahmad Ahsin Thohari
Eksekusi : Jurnal Ilmu Hukum dan Administrasi Negara Vol. 2 No. 4 (2024): November : 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.v2i4.1531

Abstract

This research analyzes the potential implementation of a non-party political system in Indonesia and its impact on democracy and governance. Indonesia has adopted a multi-party system since the reform era in 1998, but has often faced challenges that threaten the stability and quality of democracy. One of the main issues is the dominance of political parties in the government bureaucracy, which leads to practices of corruption, collusion, and nepotism. This study explores the alternative of a non-party political system as a solution to improve meritocracy, reduce political oligarchy, and strengthen the accountability of public officials. A qualitative approach with a literature study method is used to collect data from various sources. The results show that while a non-party system has the potential to bring positive impacts, constitutional challenges, resistance from political parties, and risks to political diversity remain significant obstacles. Reforming the party system with a focus on transparency, accountability, and cadre quality is considered more realistic and effective in improving democracy and governance in Indonesia.
Restrictions on Judicial Review Rights for State Administrative Officials: A Critical Perspective on Constitutional Court Deci-sion No. 24/PUU-XXII/2024 Annisa Dwi Lestari; Taufiqurrohman Syahuri; Ahmad Ahsin Thohari
International Journal of Law, Crime and Justice Vol. 2 No. 3 (2025): September : International Journal of Law, Crime and Justice
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijlcj.v2i3.688

Abstract

Restricting judicial review (peninjauan kembali) for state administrative officials through Constitutional Court Decision No. 24/PUU-XXII/2024 represents a pivotal shift in Indonesia’s administrative justice framework. This study critically examines the constitutional, theoretical, and comparative dimensions of that decision, situating it within the principles of equality before the law and due process enshrined in the 1945 Constitution. Employing a normative-qualitative design grounded in doctrinal analysis and comparative law methods, the research analyzes primary sources including the 1945 Constitution, Law No. 5 of 1986 on State Administrative Courts, Law No. 14 of 1985 on the Supreme Court, and the Constitutional Court’s decision and is supplemented by relevant academic literature. Findings reveal that the decision undermines procedural equality by asymmetrically restricting state entities’ access to extraordinary remedy mechanisms without addressing systemic enforcement deficiencies. Comparative analysis with French, German, and Thai administrative law systems demonstrates that modern rechtsstaat states preserve substantive justice through inclusive access to judicial review while enforcing robust procedural safeguards. The study concludes that targeted institutional reforms such as establishing an autonomous executorial agency, enacting contempt-of-court legislation, strengthening ombudsman oversight, and enhancing judicial education offer more constitutionally sound solutions to improve compliance with administrative court rulings. It further underscores the crucial role of rechtsvinding and proportionality in reconciling procedural limitations with constitutional mandates for substantive justice and legal certainty.
Transformasi Paradigma Kebijakan Publik: Integrasi Prinsip Hukum Progresif dalam Pembangunan Hukum Responsif di Indonesia Evi Fitriani; Ahmad Ahsin Thohari; Irsyaf Marsal
Khatulistiwa: Jurnal Pendidikan dan Sosial Humaniora Vol. 5 No. 2 (2025): Juni : Khatulistiwa: Jurnal Pendidikan dan Sosial Humaniora
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/khatulistiwa.v5i2.6298

Abstract

This article discusses the transformation of the public policy paradigm in Indonesia through the integration of progressive legal principles in order to realize legal development that is responsive to the social needs of society. Progressive law, as initiated by Satjipto Rahardjo, emphasizes that the law must side with substantive justice and the needs of the people, not merely enforce rigid and procedural legal certainty. This research uses a normative juridical approach with qualitative analysis of various laws and regulations, legal doctrines, and relevant case studies. The results of the study show that the integration of progressive legal principles into public policy has great potential in bridging the gap between social reality and formalistic legal construction. However, the implementation of this principle is faced with a number of challenges, such as institutional resistance from conservative legal institutions, a legal education paradigm that is still legal-formalistic, and limited public participation in the legislative process. To overcome these obstacles, a comprehensive strategy is needed, including reforming the legal education curriculum, revitalizing law enforcement officials, strengthening the role of civil society, and optimizing information technology in the justice system. With these steps, legal transformation is expected to be not only structural, but also cultural and paradigmatic, so as to realize a national legal system that is more inclusive, fair, and relevant to the dynamics of contemporary Indonesian society.