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All Journal Fairness and Justice: Jurnal Ilmiah Ilmu Hukum Jurnal Justiciabelen
Wada, Igam Arya
Fakultas Hukum Universitas Jember
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Perlindungan Hukum Terhadap Kedaulatan Negara Dari Ancaman Proxy War Wada, Igam Arya
FAIRNESS AND JUSTICE Vol 17, No 1 (2019): FAIRNESS AND JUSTICE
Publisher : Universitas Muhammadiyah Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (621.146 KB) | DOI: 10.32528/faj.v17i1.2212

Abstract

Proxy war is a form of non-military war by using a non-state actor instead of a particular party, to avoid a direct dispute. One of the non-state actors who are vulnerable to use foreign parties to launch proxy war in Indonesia is the existence of radical organizations either with radical action or radical thinking. In addition, the spread of provocative information and hoax can easily spread through the mass media and social media today, causing problems to the integrity of the Unitary Republic of Indonesia. So far Indonesia has no laws that can counter the nirmiliter threat such as proxy war so that Indonesia is in need of a law that can be used as a preventive effort to protect the state sovereignty against the existence of proxy war in Indonesia. In addition, the public understanding of Pancasila ideology as a way of life should be a necessity in the life of nation and state is still low, so it will be difficult to ward off another ideologies such as radicalism that developed in Indonesia.
Perlindungan Hukum Terhadap Kedaulatan Negara Dari Ancaman Proxy War Igam Arya Wada
FAIRNESS AND JUSTICE Vol 17, No 1 (2019): FAIRNESS AND JUSTICE
Publisher : Universitas Muhammadiyah Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32528/faj.v17i1.2212

Abstract

Proxy war is a form of non-military war by using a non-state actor instead of a particular party, to avoid a direct dispute. One of the non-state actors who are vulnerable to use foreign parties to launch proxy war in Indonesia is the existence of radical organizations either with radical action or radical thinking. In addition, the spread of provocative information and hoax can easily spread through the mass media and social media today, causing problems to the integrity of the Unitary Republic of Indonesia. So far Indonesia has no laws that can counter the nirmiliter threat such as proxy war so that Indonesia is in need of a law that can be used as a preventive effort to protect the state sovereignty against the existence of proxy war in Indonesia. In addition, the public understanding of Pancasila ideology as a way of life should be a necessity in the life of nation and state is still low, so it will be difficult to ward off another ideologies such as radicalism that developed in Indonesia.
Capacity Building Of The State Administrative Court In Handling Onrechtmatige Overheidsdaad Cases: Challenges And Optimization Efforts Igam Arya Wada; Yasmin Namira Andani; Faiqotul Himmah
Jurnal Justiciabelen Vol 6 No 2 (2023): Justiciabelen
Publisher : Universitas Muhammadiyah Gresik

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30587/justiciabelen.v6i2.6996

Abstract

The State Administrative Court (PTUN) in Indonesia faces a number of challenges in adjudicating cases of onrechtmatige overheidsdaad, which is an unlawful act of government administration. The new regulation through Supreme Court Regulation (PERMA) Number 2 of 2019 gives the PTUN clearer authority in adjudicating cases like this. However, the problem of unclear administrative law concepts and undetailed regulations in PERMA still hamper the legal process. This research aims to address the problem. With a focus on increasing the capacity of PTUN in dealing with onrechtmatige overheidsdaad cases. The study proposes five important steps to achieve this goal. First, it is necessary to increase the capacity of PTUN through increased budget allocation, human resources, and technology utilization. Secondly, it is necessary to simplify the proceedings in administrative law and mediation should be applied as an effective dispute resolution method. Third, the study suggests evaluation of similar cases as a first step in resolving cases, and mediation should be considered to reduce the backlog of cases that slow down the process. Fourth, it is necessary to strengthen law enforcement authority through the establishment of an independent law enforcement body that can impose sanctions for violations of PTUN decisions. Finally, it is necessary to increase public awareness about their rights and procedures for filing a lawsuit to PTUN through the establishment of legal information centers and education campaigns. The result of this research is a series of concrete solutions that can help PTUN in facing the challenges of adjudicating onrechtmatige overheidsdaad more effectively, ensuring better legal protection for the community, and ensuring government compliance with PTUN decisions.
Co-Authors Faiqotul Himmah Yasmin Namira Andani