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All Journal Siyasah : Jurnal Hukum Tata Negara
Sainul
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Religion Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Asas Dissenting Opinion Pada Pembuktian Perkara Dalam Putusan Pengadilan Tata Usaha Negara Tentang Sengketa Kepegawaian Salim, Choirul; Sainul; Rima
Siyasah Vol. 2 No. 2 (2022): Siyasah : Jurnal Hukum Tata Negara
Publisher : IAIN Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/siyasah.v2i2.6222

Abstract

The occurrence of differences of opinion is very likely to occur as a consequence of holding trials with the composition of the panel of judges. As happened in the employment dispute case at PTUN Bandar Lampung Number 7/G/2020/PTUN.BL. Where the plaintiff filed an objection regarding the object of the dispute which was decided when the plaintiff was still a Candidate for Civil Servants and did not have a certain position but only obeyed his superiors. The plaintiff received administrative sanctions for crimes that were considered disproportionate to the crimes committed by his superiors. Of the three judges who received and examined this case, there was one judge who had a dissenting opinion in deciding the case. Therefore, the researcher conducted an in-depth analysis of the differences in opinion of the judges. The result of this study is that if there is a difference of opinion between the judges in the PTUN decision on employment disputes, voting or the most votes are taken according to the principle in determining a decision if there is a dissenting opinion.
Hubungan Perubahan Sosial dan Perubahan Hukum Dalam Sistem Hukum Terbuka Sainul; Oktavia, Ayu; Angkasa, Nitaria
Siyasah Vol. 4 No. 2 (2024): Siyasah Jurnal Hukum Tata Negara
Publisher : IAIN Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/w0wsa066

Abstract

In social dynamics, societal heterogeneity is evident in various dimensions, including culture, ethnicity, religion, and race. This diversity affects behaviors, thinking patterns, and knowledge. Addressing these differences is crucial to fostering a shared understanding of common needs, as it prevents potential conflicts and ensures social cohesion. This study focuses on how social changes impact legal reforms within an open legal system framework. The research employs a qualitative, normative juridical method, emphasizing doctrinal research and library research to analyze how legal systems adapt to social changes. Results indicate that for legal changes to be effective, they must align with local wisdom and accommodate modernization, ensuring the legal system remains dynamic and responsive. The study concludes that an open legal system is essential for aligning legal reforms with Indonesian values and societal needs.
Co-Authors Angkasa, Nitaria Oktavia, Ayu Rima Salim, Choirul