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All Journal Lex Renaissance Welfare State Jurnal Hukum
A. Razaq, Moh. Khalilullah
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Law, Crime, Criminology & Criminal Justice

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Legalitas Pencalonan Kepala Daerah Dari Unsur Tentara Nasional Indonesia Dan Polisi Republik Indonesia Dalam Pemilihan Kepala Daerah 2018 Moh Khalilullah A. Razaq
Lex Renaissance Vol 5 No 2 (2020): APRIL 2020
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/JLR.vol5.iss2.art1

Abstract

This study aims to analyze the legality of the nomination of regional heads from the elements of Indonesian National Army (TNI) and Indonesian National Police (Polri) in the 2018 simultaneous regional elections. With problems formulation as follow : First, is the nomination of regional heads from elements of  TNI and Polri in the 2018 simultaneous regional elections in line with the legislation? Second, what are the proper arrangements for regional head candidates from the elements of TNI and Polri in the 2018 simultaneous regional elections? This study uses a juridical-normative approach. In addition, this study also uses a field study approach based on the scope and identification of the existing problems. The results of the study concluded as follow: First, TAP MPR Number VII / MPR / 2000 on the Role of TNI and the Role of Police; Law Number 34 of 2004 on Indonesian National Army and Law Number 2 of 2002 Indonesian National Police determine that the TNI and Polri are impartial in political affairs and do not involve themselves in practical political activities. TNI and Polri can hold civilian positions after resigning or retiring from the TNI and Polri institutions, so that they do not conflict with the statutory regulations. Second, even though they have resigned, active members of the TNI and Polri who wish to run for regional head candidates should first wait for a gap of at least two years, to ensure the impartiality and maintain the morale of the TNI and Polri institutions.
Militerisme dan Demokrasi: Evaluasi Hak Politik TNI-Polri di Indonesia Pasca-Reformasi A. Razaq, Moh. Khalilullah
WELFARE STATE Jurnal Hukum Vol. 3 No. 2 (2024): Oktober
Publisher : Prodi Ilmu Hukum Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56013/welfarestate.v3i2.3517

Abstract

The position of the military in a democratic country is by placingcivilians in the highest power, civilian supremacy over the militaryin history began when the guided democratic government systemwas implemented under President Soekarno. During this period,the military has the same rights as civil society, namely the right tovote and the right to be elected. During the New Ordergovernment, the military did not have political rights, however itsexistence and position became stronger, due to the development ofthe middle way concept initiated by Nasution which became thedoctrine of the Dwifunction ABRI concept. After the 1998 reform,the political system in Indonesia underwent changes, namely theseparation of the positions of the TNI and Polri. This fundamentalchange was marked by the issuance of MPR Decree NumberVI/2000 concerning the Separation of the TNI and Polri and MPRDecree Number VII/2000 concerning the Role of the TNI and Polri.Law Number 34 of 2004 concerning the Indonesian National Armyand Law Number 2 of 2002 concerning the Police of the Republic ofIndonesia. This research uses a normative legal research methodusing a statutory approach, which relies on research to beresearched from a positive legal perspective, and a historicalapproach. This research concludes that the TNI-Polri's politicalrights are prohibited from exercising their political rights and arestill relevant to maintain. And delaying the restoration of politicalrights for the TNI-Polri.
Perlindungan Hukum Pada Perjanjian Kerja Waktu Tertentu (PKWT) Ditinjau dari Jaminan Hak-Hak Pekerja (Undang-Undang NRI Nomor 13 Tahun 2003) Maulandari, Fenanda Dwi; Musfianawati, Musfianawati; Setiawan, Sidi Alkahfi; A. Razaq, Moh. Khalilullah
WELFARE STATE Jurnal Hukum Vol. 4 No. 1 (2025): April
Publisher : Prodi Ilmu Hukum Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56013/welfarestate.v4i1.4054

Abstract

Legal protection is a right that every citizen should be able to enjoy equally and fairly from their government. However, in reality there are still many people who do not receive proper legal attention or protection. Law NRI Number 13 of 2003 concerning Employment, here in after referred to as UUK in Indonesia, is a law that is used to regulate all matters related to or related to workers’ labor and tenure. This research examines legal protection in fixed-team work agreements (PKWT) in terms of workers’ rights guarantess according to Law. The research method used uses an approach through statutory regulations. The research result show that the Specific Time Work Agreement (PKWT) provides legal protection to workers, although there are several weaknesses that need to be corrected. It is important to continue to improve and strengthen legal protection for workers who are bound by a (PKWT) in accordance with the provisions of the Law.
Co-Authors Maulandari, Fenanda Dwi Musfianawati, Musfianawati Setiawan, Sidi Alkahfi