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All Journal Lex Journal : Kajian Hukum dan Keadilan Mitsaqan Ghalizan
Syarif, Nawaz
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Religion Law, Crime, Criminology & Criminal Justice

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The Implications of Changes in the State Budget (APBN) through Presidential Instruction (Inpres) from the Perspective of Administrative Law Kusuma, Lalu Aria Nata; Syarif, Nawaz
Lex Journal: Kajian Hukum & Keadilan Vol 9 No 2 (2025): In Progress
Publisher : Faculty of Law, University of Dr. Soetomo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25139/lex journal.v9i2.10047

Abstract

In realizing the prosperity and well-being of the people, the State Revenue and Expenditure Budget/State Budget (APBN) plays a crucial role in reflecting the government's economic policy. According to the provisions in the State Financial Law, changes to the APBN during the fiscal year can only be made through the instrument of the Revised APBN Law. However, Presidential Instruction Number 1 of 2025, which was issued, alters the established APBN. This change raises questions about whether the presidential instruction, as a discretionary power, can be used to modify the APBN and what the implications are. The research method used is normative legal research utilizing a legislative and conceptual approach. The research results indicate that presidential instructions are regulations used to interpret vague and stagnant rules to address existing issues. However, this does not mean that presidential instructions can be used freely. In the context of changing the posture of the APBN through presidential instructions, this research shows that such actions do not meet the objectives and requirements for issuing discretion as stipulated in the Government Administration Law. The failure to meet these conditions has implications, namely: 1) the presence of Presidential Instruction No. 1/2025 is a form of abuse of power by state administrative officials; 2) the normalization of abusive discretionary practices by the government; and 3) it shows the failure of the House of Representatives (DPR) to perform its function properly. Therefore, it is important for the government, as administrative officials who can issue discretion, to adhere to existing guidelines when issuing policy regulations.
KONSEP HUKUM HAK DAN KEWAJIBAN WARGA NEGARA PERSPEKTIF PIAGAM MADINAH Syarif, Nawaz; Habibi, Ahmad
Mitsaqan Ghalizan Vol. 4 No. 1 (2024): Mitsaqan Ghalizan
Publisher : Institute for Research and Community Services Universitas Muhammadiyah Palangkaraya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33084/mg.v4i1.7365

Abstract

In the course of history, we have seen that conflict occurs due to different needs, which is why sometimes the law appears as a way to mediate between one another. In this case, the Medina Charter, which is the state Constitution, is the legal basis regarding the rights and obligations of its people. This research is legal research which focuses on analyzing using a conceptual approach how the legal concept of the Medina Charter presents the rights and obligations of every human being as a citizen. The Medina Charter teaches us lessons about Brotherhood (Al-Ikha), Equality (Al-Musawa), Tolerance (Tasamuh), Deliberation (Al-Tasyawur), mutual help (Al-Ta'awun), Justice (Al-Aku). The points given here play a very important role in life in society, for example the brotherhood that is given will form a bond that requires other people to respect and appreciate each other's fellow human beings. Brotherhood also creates peace because they feel a bond. The equality provided in the Medina charter also brings us to the same position without having to differentiate, and this also makes tolerance happen in people's lives
Co-Authors ahmad habibi Kusuma, Lalu Aria Nata