Ahmad Rustan
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POSISI BAWASLU SEBAGAI PIHAK KETIGA DALAM SENGKETA PEMILU Hariadi; Ahmad Rustan; Irwansyah
Jurnal Hukum Lex Generalis Vol 5 No 8 (2024): Tema Hukum Pemerintahan
Publisher : CV Rewang Rencang

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Abstract

This study examines the position of the Election Supervisory Agency (Bawaslu) as a third party in election disputes in Indonesia. Bawaslu plays an important role in the supervision and resolution of election disputes, including in handling administrative violations and election crimes. Research shows that Bawaslu faces challenges in harmonizing authority with other institutions, such as the KPU and the Constitutional Court, as well as in increasing public participation in election supervision. Through a normative juridical approach, this study highlights the need for regulatory clarity and collaboration between institutions to realize democratic and transparent elections.
Analisis Hukum Terbitnya Sertifikat Ganda dan Mekanisme Penyelesaiannya Sitti Annisa; Ahmad Rustan; Rudi Iskandar Ichlas; Wahyudi Umar
Jurnal Hukum Lex Generalis Vol 5 No 9 (2024): Hukum Agraria dan Pertanahan
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v5i9.830

Abstract

Control of the land plot must be proven through a valid certificate of ownership. In its development, it was found that there were duplicate certificates that overlapped each other. This study aims to provide an analysis related to the issuance of double certificates and the mechanism for their completion. This research is a normative juridical research with a legislative approach and a conceptual approach. The results of the study show that double certificates arise as a result of various factors, including administrative errors, lack of supervision, and the practice of abuse of authority in issuing certificates, thus creating legal uncertainty for land rights holders. The legal settlement requires a comprehensive approach, involving the improvement of the land administration system, and strict enforcement of any violations.
Akibat Hukum Pembuatan Akta Oleh Notaris Di Luar Wilayah Jabatan Berdasarkan Undang-Undang Jabatan Notaris Alamsyah R; Ahmad Rustan; Rudi Iskandar Ichlas
Jurnal Hukum Lex Generalis Vol 6 No 4 (2025): Tema Hukum Perdata dan Kenotariatan
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v6i4.2467

Abstract

The state delegates authority to a notary as a public official to prepare authentic deeds that serve as the strongest evidence in the civil law process. Notaries in issuing deeds are based on legitimate authority including the scope of the substance of the authority regarding the scope of the authority's validity. However, in carrying out their duties, cases of Notaries still occur who exercise their authority beyond the scope of their position, which has the potential to cause legal problems and uncertainty for various interested parties. This is relevant because the validity and strength of a deed depend on the authority of the official who made it. This study aims to examine the legal implications of the preparation of deeds by Notaries carried out outside the scope of their territorial authority as regulated in the Notary Law (UUJN), as well as examine the form of legal liability that can be applied to Notaries who violate the provisions. The results of the analysis show that the deeds made by Notaries outside the scope of their authority do not meet the formal requirements required for authentic deeds according to Article 1868 of the Civil Code, so they lose their authenticity and have evidentiary value as private deeds. From an administrative law perspective, if a decision is made that is not based on legitimate authority, the legal consequence is that the decision is null and void.
Analisis Putusan Mahkamah Konstitusi yang Melampaui Batas Kewenangan dalam Putusan Nomor 124/PUU-XXIII/2025 tentang Pemisahan Pemilu Nasional dan Pemilu Lokal Rezki Amalia; Ahmad Rustan; Nur Nashriyani Jufri
Jurnal Hukum Lex Generalis Vol 6 No 8 (2025): Tema Hukum Pemerintahan
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v6i8.2493

Abstract

This study analyzes Constitutional Court Decision Number 124/PUU-XXIII/2025, which divides the conduct of elections into national elections and local elections. This study uses a normative legal research method employing two approaches: the statutory approach and the case approach. The results of the study show that the decision not only interprets constitutional provisions but also brings substantive effects that change the election cycle and potentially conflict with Article 22E of the 1945 Constitution concerning simultaneous elections. Compared to Decision 135/PUU-XXII/2024, Decision 124 further expands the substance to resemble judicial legislation. This study emphasizes the need to limit the authority of the Constitutional Court and strengthen checks and balances mechanisms to prevent ultra petita and maintain the legitimacy of democracy. Recommendations are directed towards the renewal of election policies that are consistent with the principles of LUBER JURDIL and ensure legal certainty and accountability election administration