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All Journal Al-Risalah : Jurnal Imu Syariah dan Hukum MAQASIDI Research Horizon Journal of Progressive Law and Legal Studies
Thohari, Ahmad Ahsin
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Religion Arts Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Exercising the Role and Authority of Indonesia's Senate: Implications of Constitutional Court Decision 92/PUU-X/2012 Kafandi, Muhammad Afif; Setiadi, Wicipto; Thohari, Ahmad Ahsin
Research Horizon Vol. 4 No. 5 (2024): Research Horizon - October 2024
Publisher : LifeSciFi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54518/rh.4.5.2024.379

Abstract

The Regional Representative Council (Dewan Perwakilan Daerah/DPD) in Indonesia is a legislative body that reflects the country's bicameral system, which includes two chambers. However, the DPD’s authority is notably weaker than that of the House of Representatives (Dewan Perwakilan Rakyat/DPR), leading to what is often described as "soft bicameralism" in Indonesia. This study explores the role and authority of the DPD following the Constitutional Court Decision Number 92/PUU-X/2012, which addressed the DPD's function within the legislative process. The research adopts a normative approach, focusing on legal norms from the 1945 Constitution and related legislation, alongside a statutory and historical analysis. This includes examining relevant laws, such as Law Number 17 of 2014 and the DPR's 2014 Rules of Procedure, which incorporate the Constitutional Court's decision. This decision essentially introduced a tripartite legislative model involving the DPR, DPD, and the President, providing the DPD a role in Level I discussions. In Level II discussions, the DPD presents its opinions during plenary sessions before a bill’s approval between the DPR and the President. However, the DPD remains excluded from the final ratification. Strengthening the DPD's legislative authority requires a fifth constitutional amendment to enhance its role or a willingness by the DPR to share legislative responsibilities, thereby establishing a stronger checks and balances system.
Analysis of Law Number 20 of 2023 and the Role of Academic Manuscripts in Indonesian Law Formation Budi Dharma, Widya Castrena; Syahuri, Taufiqurrohman; Thohari, Ahmad Ahsin
Research Horizon Vol. 5 No. 2 (2025): Research Horizon - April 2025
Publisher : LifeSciFi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54518/rh.5.2.2025.472

Abstract

Article 43 paragraph (3) of Law Number 12 of 2021 requires that every Draft Bill (Rancangan Undang-Undang/RUU) submitted by the President, the People's Representative Council, or the Regional Representative Council must include an Academic Manuscript. This document contains a scientifically proven legal study outlining the necessity of regulating a problem and its resolution in the Draft Bill. The Academic Manuscript serves as a key reference during the legislative planning process. This study explores the role of the Academic Manuscript in law formation and analyzes the RUU on Amendments to Law Number 5 of 2014, focusing on its alignment with the Academic Manuscript. Using legal and empirical approaches, the research evaluates the application of norms under the Law on the Legislation Drafting, which mandates an Academic Manuscript for drafting laws. Law Number 20 of 2023 accommodates strategic issues highlighted in the Academic Manuscript. However, during the discussion process, the RUU underwent significant changes, with over 50% of its substance added. Despite these additions, the Academic Manuscript remained unchanged. Ultimately, the RUU led to the repeal of Law Number 5 of 2014 and its replacement with Law Number 20 of 2023, which redefines the regulations concerning the State Civil Apparatus.
Opportunities in the Imposition of Legal Accountability Against Individuals Destroying the Environment Across Borders: Challenges and Barriers Thohari, Ahmad Ahsin; Fauzan, Muhammad; Zaifa, Gilang Abi
MAQASIDI: Jurnal Syariah dan Hukum Vol. 5, No. 1 (Juni 2025)
Publisher : MAQASIDI: Jurnal Syariah dan Hukum published by the Islamic Criminal Law Program of the Sharia and Islamic Economics Department at the Sekolah Tinggi Agama Islam Negeri Teungku Dirundeng Meulaboh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47498/maqasidi.v5i1.3551

Abstract

Within the horizon of international law, individuals can only be held accountable if they commit violations of international criminal law as set out in the Rome Statutes. However, environmental destruction does not fall within the jurisdiction of the International Criminal Court to prosecute. On the other hand, environmental destruction is often attributed to the state as a subject of law, even though individuals who are the main perpetrators of environmental destruction cannot be held accountable internationally. This shows weaknesses in the international legal system in arresting and punishing individuals responsible for environmental damage across borders. The research method used is normative research with a legislative approach, in this study using several international provisions. The result of this study is that recognition of environmental destruction is very important, especially when the state is held accountable by other aggrieved countries. This accountability request can be brought to International Court of Justice with certain limitations. Through Article 5 of the Rome Statute, this recognition allows international courts to prosecute perpetrators of environmental destruction, so that law enforcement of environmental destruction can be carried out to the maximum. It is hoped that there will be an active role in Indonesia and the international community in responding to environmental destruction and making it as a 'Crime' special. Thus, international environmental law enforcement becomes more optimal and provides justice for all affected parties, both directly and indirectly.
Financial Management of Public Service Bodies in State Universities: Juridical Analysis of Fees for the Development of Independent Path New Student Institutions Arazid, Arazid; Sugiyono, Heru; Thohari, Ahmad Ahsin
Journal of Progressive Law and Legal Studies Том 3 № 02 (2025): Journal of Progressive Law and Legal Studies
Publisher : PT. Riset Press International

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59653/jplls.v3i02.1569

Abstract

This study investigates the financial management of Public Service Agencies (BLU) within Indonesian state universities, focusing on the unauthorized imposition of institutional development fees (SPI/IPI) on independent pathway students at Udayana University, resulting in significant State financial losses. Employing a normative juridical methodology, the research analyzes regulatory frameworks, institutional accountability, and the legal implications of fee structures that contravene Ministry of Finance regulations (PMK No. 51/2015 and PMK No. 95/2020). Findings reveal systemic non-compliance in fee determination, where SPI/IPI charges were applied without legal authorization, bypassing mandated tariff protocols. The study identifies critical lapses in oversight, including the rector's failure to align fee policies with national financial regulations and the misuse of BLU flexibility, which enabled the diversion of funds into non-transparent banking practices. The case underscores the vulnerability of BLU's financial autonomy to mismanagement and corruption, particularly in the absence of robust accountability mechanisms. Recommendations emphasize the urgent need for legal reforms to enhance transparency, strengthen auditing processes, and clarify punitive measures for violations. This research contributes to the discourse on public financial governance in higher education, advocating for institutional reforms to prevent future fiscal mismanagement and uphold the integrity of State’s resources.
Implications of Local Regulations on Street Vendors for Corporate Partners of Micro and Small Business in Depok City Syahuri, Taufiqurrohman; Surahmad; Thohari, Ahmad Ahsin; Fauzan, Muhammad; Maula, Putri Ni'matul; Tobing, Vania Athalia Lumban
Al-Risalah VOLUME 26 NO 1, MAY (2026)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.67091

Abstract

This study focuses on the impact of local regulations governing street vendors on corporate partners and micro, small, and medium enterprises (MSMEs) in Depok City. In this context, street vendors play an important role in the local economy and require regulation to ensure sustainability and proper management of public spaces. This study aims to analyze how the implementation of the Perda affects corporate cart partners and MSMEs, with the goal of identifying the challenges and opportunities faced by these businesses. The research method used is a normative legal approach supplemented by in-depth interviews to obtain rich and detailed data from MSMEs, PKL, corporate partners, and relevant stakeholders. This study also employs policy analysis using a legal and conceptual approach to evaluate the effectiveness of existing regulations. The results and discussion reveal that SME partners strongly agree with the on-the-ground conditions in Depok City, where frequent raids on SMEs significantly hinder their economic activities. However, on the other hand, based on interviews with the team from the Depok City Cooperative and SME Department, it was explained that SMEs that are raided need to be mentored to gain knowledge and understanding regarding Depok City Regulation No. 3 of 2024 on the Protection, Empowerment, Development of Micro Businesses, as well as the Regulation and Empowerment of Street Vendors. This will at least provide protection and meet the needs of SMEs in Depok City. Thus, the implications of this regulation have a positive impact on SMEs and street vendors in driving the economy of Depok City.
Co-Authors Arazid, Arazid Budi Dharma, Widya Castrena Heru Sugiyono Kafandi, Muhammad Afif Maula, Putri Ni'matul Muhammad fauzan Surahmad Taufiqurrohman Syahuri Tobing, Vania Athalia Lumban Zaifa, Gilang Abi