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All Journal FIAT JUSTISIA: Jurnal Ilmu Hukum Reformasi Hukum Trisakti Equalegum International Law Journal Amicus Curiae
Edwar, Ferry
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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

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

Abstract

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.
PEMBENTUKAN UNDANG-UNDANG NO. 3 TAHUN 2022 TENTANG IBU KOTA NEGARA BERDASARKAN UNDANG-UNDANG NO. 12 TAHUN 2011 TENTANG PEMBENTUKAN PERATURAN PERUNDANG- UNDANGAN: Establisment Of Law No. 3 Year 2022 On The National Capital Ased On Law No. 12 Year 2011 On The Establisment Of Laws And Regulations B Daffa, Muhammad; Edwar, Ferry
AMICUS CURIAE Vol. 1 No. 3 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/z2y6k236

Abstract

Enactment Law No. 3 of 2022 the National Capital City has both positive-negative responses,primarily stemming from IKN Law formulation process, considered to relatively fast, notoptimizing principles openness and public participation. There are different arrangements in IKNLaw which included realm special regional government regulated Constitution 1945 and Law no.23 year 2014 concerning Regional Government. Research problem 1) Is process of establishingLaw No. 3 year 2022 in accordance with provisions of Law no. 12 year 2011?; and 2) Is contentof Law No. 3 year 2022 concerning State Capital in accordance with Law no. 12 year 2011?. Thiswriting uses normative research with statutory approach that’s descriptive analytical withsecondary data that’s analyzed qualitatively from results literature studies and conclusions usingdeductive method. Study found IKN Law formation process wasn’t optimal with principlesopenness and public participation regulated in Article 5 letter g and Article 96 of Law no. 12/2011at drafting and discussion stage as well as IKN Law didn’t fulfill content material as consequenceof hierarchy of laws and regulations Article 7 Law no. 12/2011. IKN Law need revisions inaccordance with hierarchy laws and regulations with pay attention to provisions Law no.12/2011.
FUNGSI PENGAWASAN DPRD SEBAGAI TINDAK LANJUT HASIL PEMERIKSAAN LAPORAN KEUANGAN BADAN PEMERIKSA KEUANGAN DI PROVINSI BENGKULU: DPRD's Supervision Function as a Follow-up to the Audit Results of the Financial Audit Agency's Financial Reports in Bengkulu Province Avitama, Muhammad Fiqry; Edwar, Ferry
AMICUS CURIAE Vol. 1 No. 4 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/dvp1am84

Abstract

Indonesia is a unitary state governed by the Constitution of 1945, and one of its key priorities is to integrate regional autonomy into central administration. This research aims to evaluate the supervisory role of the Financial Audit Agency of the Regional Government of Bengkulu Province in 2021 during the new normal period of financial report audit results follow-up, by the provisions of Law No. 23 of 2014 concerning the Regional Government. The type of research used is normative, and the nature of the research is descriptive. The data used are secondary, qualitative analysis, and deductive methods of conclusions. The findings of the study indicate that the Bengkulu Province DPRD's oversight of the Bengkulu Province Regional Government's performance did not entirely correspond with expectations or the circumstances of the pandemic at the time. Notwithstanding explicit legislative mandates, the DPRD encountered both internal and external obstacles that compromised the efficacy of its supervision. The challenges that arose included issues with member coordination, competing interests between factions and limited participation in the development of regulations specifically about COVID-19. Although the DPRD of Pekanbaru City complied with the majority of the provisions outlined in Law Number 23 of 2014, there were still certain aspects of the financial audit results follow-up that were not optimal due to limitations in the available information.
NEUTRALIZATION OF CIVIL SERVANTS AS STATE APPARATUS IN THE GOVERNMENT SYSTEM OF INDONESIA Edwar, Ferry; Mohamad, Abdul Basir
EQUALEGUM International Law Journal Volume 3, Issue 2, 2025
Publisher : SYNTIFIC

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61543/equ.v3i2.132

Abstract

Background. Civil Servants hold the position of state apparatus responsible for providing services to the public in a professional, honest, fair, and equitable manner in the implementation of state, governmental, and developmental duties. The purpose of this research was to determine the roles and functions of Civil Servants in the Indonesian government, and to examine how they fulfill their roles as State and public servants while maintaining their neutrality concerning political power. Research Methods. This study uses a normative juridical method, legislative and conceptual approaches. The sources of legal materials used include primary, secondary, and tertiary legal materials. Legal materials were collected through library research. The collected legal materials were systematically processed by classifying them based on legislation, theories, and expert opinions, then analyzed qualitatively. Findings. Civil Servants are public officials regulated by governmental norms, responsible for delivering civil services and public goods. They must be sensitive, responsive, cooperative, disciplined, and aware of their responsibilities. To be effective, they must adhere to a code of ethics and maintain neutrality, free from political influence, and interact fairly and honestly. Conclusion. Civil Servants, as part of the state apparatus and public servants, must be capable of performing their duties professionally and responsibly, and remain clean and free from corruption, collusion, and nepotism in delivering services to the public. They must adhere to Government Regulation No. 42 of 2004 concerning the Development of Corps Spirit and Code of Ethics, while maintaining neutrality and freedom from political party influence.  
ANALISIS PERPRES NO. 113 TAHUN 2021 DITINJAU DARI PUTUSAN MK NO. 91/PUU-XVIII/2020 Nurfatika, Nurfatika; Edwar, Ferry
Reformasi Hukum Trisakti Vol 5 No 1 (2023): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

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

Abstract

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.
Co-Authors Avitama, Muhammad Fiqry Daffa, Muhammad Iskandar Muda Mohamad, Abdul Basir Nurfatika, Nurfatika Saragih , Bintan R.