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All Journal Jurnal Tapis : Jurnal Teropong Aspirasi Politik Islam
Leo Saputra, Aldila
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Law, Crime, Criminology & Criminal Justice

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RATIONAL RESTRICTIONS OR PRUNING OF RIGHTS ? DEADLINE FOR SUBMITTING FORMAL TESTS AT THE CONSTITUTIONAL COURT Agung Barok Pratama; Aufi Imaduddin; Hilmi Yusron Rofi'I; Aldila Leo Saputra; Pratama, Agung Barok; Imaduddin, Aufi; Yusron Rofi'i, Hilmi; Leo Saputra, Aldila
JURNAL TAPIS Vol 20 No 1 (2024): Jurnal Tapis : Jurnal Teropong Aspirasi Politik Islam
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/tps.v20i1.22170

Abstract

The time limit in the judicial review of legislative process was first made in Constitutional Court Decision Number 27/PUU-VII/2009, in legal considerations the judge made a new law (judge making of law) by limiting the filing of formal test applications 45 today the law was published in the state gazette. This was done for the sake of legal certainty and the impact of the formal test application submitted past the 45-day deadline would be rejected by the Constitutional Court. This research uses a normative or doctrinal juridical type that focuses on library research. The purpose of this research is to find out the legal reasoning of the Constitutional Court judges in limiting the filing of formal tests and analyzing these restrictions from the aspect of justice. This research is a doctrinal research using statutory, conceptual and case approaches. The results of the study show that restrictions on the filing of formal tests are imposed in order to achieve legal certainty, so that the law requested for a formal test is more quickly known whether its status has been made legally or not, because formal testing will cause the law to be canceled from the start. Time restrictions in the Constitutional Court are not entirely contrary to the principle of justice, because in practice the Constitutional Court still provides space of justice for applicants to submit formal tests.
REDESIGN OF THE APPOINTMENT OF ACTING OFFICERS IN FILLING THE VACANCY OF THE DEMOCRATIC REGIONAL HEAD POSITION Barok Pratama, Agung; Asyria Yamin, Tsinta; Yusron Rofi'i, Hilmi; Leo Saputra, Aldila; Pratama, Agung Barok; Imaduddin, Aufi; Putri, Sofi Ekiana
JURNAL TAPIS Vol 21 No 1 (2025): Jurnal Tapis : Jurnal Teropong Aspirasi Politik Islam
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/tps.v21i1.26235

Abstract

This study aims to describe the (existing) appointment of acting regional heads to fill vacant permanent regional head positions and to propose the ideal appointment of acting regional heads based on democratic principles as stipulated in Law No. 10/2016 on Regional Elections. This study is a normative legal study using a legal and conceptual approach. The data obtained are analyzed and interpreted using relevant legal interpretation methods, and deductive conclusions are drawn. The results of this study indicate that the acting governor who will fill the vacant position will be directly appointed by the President based on the submission of names from the Ministry of Home Affairs (Kemendagri). As for Acting Regents and Mayors, they are directly selected by the Ministry of Home Affairs. A more democratic appointment design is proposed by implementing a merit-based system in recruitment and broader participation from various political parties, including the Regional People's Representative Council (DPRD). This more democratic design aims to ensure the appointment process is more transparent, accountable, and aligned with democratic principles and regional aspirations.
Co-Authors Aldila Leo Saputra Asyria Yamin, Tsinta Aufi Imaduddin Barok Pratama, Agung Hilmi Yusron Rofi'I Pratama, Agung Barok Putri, Sofi Ekiana Yusron Rofi'i, Hilmi