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THE POSITION AND IMPLICATIONS OF TESTING MPR/S DECISIONS IN THE INDONESIAN STATE SYSTEM Ananda, Adhe Ismail
NOMOI Law Review Vol 6, No 1 (2025): May Edition
Publisher : NOMOI Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v6i1.23797

Abstract

The constitutional dynamics of Indonesia have undergone rapid development, marked by four amendments to the 1945 Constitution. These dynamics have affected the authority of state institutions, including the People's Consultative Assembly (MPR) and its legal products, namely MPR Decrees (TAP MPR/S), whose hierarchy in the legislative system has evolved. This study aims to analyze the position and implications of judicial review of MPR Decrees within Indonesia’s constitutional system. A normative juridical research method is used by examining legal materials, legislation, and legal doctrines. The study finds that the status of MPR Decrees has changed significantly before and after the constitutional amendments. Before the amendments, MPR Decrees were positioned above laws but below the Constitution, whereas after the amendments, their status became uncertain due to the removal and subsequent reintroduction into the legal hierarchy. This uncertainty creates legal gaps in judicial review mechanisms, necessitating solutions such as constitutional review by the Constitutional Court, a fifth constitutional amendment, or a legislative review by the MPR itself.
Etnografi Pengenalan Kuliner Khas Aceh Bagi Mahasiswa di Kota Kendari: Pengabdian La Ode Aris; Laxmi; Siti Hermina; Subandrio; Adhe Ismail Ananda
Jurnal Pengabdian Masyarakat dan Riset Pendidikan Vol. 4 No. 1 (2025): Jurnal Pengabdian Masyarakat dan Riset Pendidikan Volume 4 Nomor 1 (Juli 2025 -
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31004/jerkin.v4i1.1752

Abstract

This community service activity aims to determine the forms of activities and initiatives undertaken by the association to preserve Acehnese values, traditions, and culinary delights among migrants in Kendari City, and to understand the mechanisms and activities carried out by the association to strengthen bonds of solidarity, social cohesion, and build networks among fellow migrants from Aceh in Kendari. The background to this activity stems from the fact that the presence of regional associations in migration destination cities such as Kendari plays a vital role in the lives of migrants. The functions of associations are very diverse, ranging from strengthening bonds of brotherhood, helping newcomers adapt to their new environment, to preserving and promoting cultural values of their region of origin. This activity involved observation, interviews, training, and technical assistance within the Aceh association. The results of the activity showed that the culinary delights of the association can attract the attention of the local community in Kendari. The diverse culinary delights served at the association can attract customers who want to experience the unique culture. For example, as the name suggests, teh tarik can attract the attention and interest of customers. Associations are often a symbol of community strength. Culinary arts can foster a sense of belonging to a particular region or community.
Analisis Yuridis Pengalihan Status Kepemilikan dan Pengelolaan Pelabuhan dari Pemerintah Pusat ke Pemerintah Provinsi (Studi Kasus Pada Pelabuhan Dawi-Dawi Kabupaten Kolaka) Syamsul Rijal; Ananda, Adhe Ismail
JOSH: Journal of Sharia Vol. 4 No. 01 (2025): Vol. 04 No. 01 Januari 2025
Publisher : Universitas Sunan Drajat Lamongan, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55352/josh.v4i01.2132

Abstract

This study aims to analyze port management authority after its delegation from the central government to regional government, and to examine its legal implications on the management and development of Dawi-Dawi Port in Southeast Sulawesi. The research uses a normative-empirical approach by examining statutory regulations and their implementation in practice. The findings indicate that although the transfer of authority is normatively regulated by Law Number 23 of 2014, its implementation faces structural, administrative, and normative obstacles. The incomplete process of asset and personnel transfer, the disharmony of sectoral regulations, and institutional resistance have resulted in a duality of authority between central and regional governments. The implications include not only inefficiency in port governance and development but also legal uncertainty that may harm the public and weaken regional administrative performance. This research recommends regulatory harmonization, institutional restructuring, and acceleration of authority transfer procedures based on legal certainty and service effectiveness.
Peningkatan Kapasitas dan Kompetensi Pengawas Kecamatan Se-Kabupaten Kolaka Pada Pemilihan Serentak Tahun 2024 Ananda, Adhe Ismail; Ar, Sulkifli; Fatmawati
TRIMAS: Jurnal Inovasi dan Pengabdian Kepada Masyarakat Vol. 5 No. 1 (2025): Trimas: Jurnal Inovasi dan Pengabdian Kepada Masyarakat
Publisher : Indra Institute Research & Publication

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58707/trimas.v5i1.1128

Abstract

The District Election Supervisory Committee (Panwascam) has an important role in determining the quality of elections at the sub-district level. Based on the experience of previous elections, it is still found that Panwascam has not been maximized in carrying out its duties, authorities, and obligations as stipulated in laws and regulations. Therefore, community service was carried out in the form of a briefing carried out by the Bawaslu of Kolaka Regency, by presenting the Author as a Resource Person. This activity uses a lecture method, supported by media such as laptops and LCDs to convey material in the form of duties, authorities, and obligations of Panwascam in accordance with Law Number 7 of 2017 concerning Elections and other technical regulations so that Panwascam can work effectively. The results of this activity include three main things. First, Panwascam in Kolaka Regency in general has understood their duties, authorities, and obligations so that they are able to carry out supervision of the 2024 Simultaneous Elections properly. Second, this activity motivates Panwascam to carry out direct, public, free, confidential, honest, and fair supervision. Third, regular technical guidance is needed with a focus on general supervision and supervision of each stage of the election so that the implementation of supervision of the 2024 Simultaneous Elections becomes better and more effective.
THE ROLE OF THE KOLAKA REGENCY ELECTION SUPERVISORY AGENCY IN PREVENTING MONEY POLITICS IN THE 2024 ELECTION: PERAN BADAN PENGAWAS PEMILU KABUPATEN KOLAKA DALAM PENCEGAHAN MONEY POLITIC PADA PEMILU 2024 Dedihasriadi, La Ode; Ananda, Adhe Ismail
Constitutional Law Society Vol. 4 No. 2 (2025): September
Publisher : Pusat Studi Konstitusi dan Perundang-undangan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/jcls.v4i2.104

Abstract

This study aims to analyze the effectiveness of the role of the Kolaka Regency Election Supervisory Agency (Bawaslu) in preventing the practice of money politics in the 2024 election and identify its inhibiting factors. This study uses a juridical-empirical method with a descriptive qualitative approach. Primary data was obtained through direct interviews with members of the Kolaka Regency Bawaslu, while secondary data came from official documents, laws and regulations, and related literature. The results of the study show that although Bawaslu has carried out its supervisory duties, challenges such as limited human resources, low legal awareness of the community, and obstacles in proving the practice of money politics are significant obstacles in prevention. This study provides recommendations to increase the capacity of Bawaslu and strengthen the role of the community in reporting violations.
THE POSITION AND EXAMINATION OF VILLAGE REGULATIONS IN THE INDONESIAN LEGAL REGULATION SYSTEM Ananda, Adhe Ismail; Ma’ruf, Umar
Jurnal Pembaharuan Hukum Vol 11, No 2 (2024): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v11i2.34248

Abstract

The purpose of this research is to find out the position and testing of village regulations in the legal and regulatory system in Indonesia.When village regulations are studied in the perspective of the hierarchy of laws and regulations, they must refer to Law No. 12 of 2011 as amended by Law No. 15 of 2019 and Law No. 13 of 2022 concerning the Formation of Legislation (LcFL). However, in Article 7 paragraph (1) LcFL does not stipulate the existence of Village Regulations in the order of laws and regulations. This condition has implications for the unclear legal status and authority to review the village regulations themselves. Furthermore, the issuance of Law No. 6 of 2014 concerning Villages, the position and authority of villages is based on the principle of autonomy which directs the form of village independence including the authority to make policies on a locality scale in the form of village regulations. The research results show that although village regulations are not mentioned in the hierarchy of statutory regulations, village regulations can be said to be a further elaboration of higher statutory regulations. so that its existence is still recognized as a legal product, while testing village regulations is carried out using executive preview and executive review testing mechanisms. The executive preview and executive review mechanism is the authority of the Regent/Mayor which was born from the process of monitoring legal products in the village in a preventive and repressive manner.
ANALISIS EKSISTENSI PERADILAN TATA USAHA NEGARA DALAM KEPUTUSAN REKTOR SWASTA TENTANG PEMBERHENTIAN MAHASISWA Muspira; Adhe Ismail Ananda; Muh Shabnuary Askari; Heril Mujahidin
Jurnal Intelek Dan Cendikiawan Nusantara Vol. 1 No. 2 (2024): APRIL - MEI 2024
Publisher : PT. Intelek Cendikiawan Nusantara

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Abstract

Dalam konteks hukum administrasi di Indonesia, PTUN berfungsi memberikan perlindungan hukum terhadap tindakan administrasi yang dilakukan oleh pejabat publik. Meskipun rektor perguruan tinggi swasta bukan pejabat administrasi negara, keputusan yang mereka buat dapat mempengaruhi hak-hak sipil mahasiswa secara signifikan. Penelitian ini mengeksplorasi sejauh mana keputusan tersebut dapat menjadi objek sengketa di PTUN, serta mekanisme perlindungan hukum yang tersedia bagi mahasiswa yang merasa dirugikan. Hasil analisis menunjukkan bahwa PTUN memiliki peran penting dalam memastikan bahwa keputusan administratif perguruan tinggi swasta dijalankan sesuai dengan prinsip-prinsip hukum yang adil, transparan, dan akuntabel. Dengan demikian, mahasiswa memiliki hak untuk mencari keadilan melalui PTUN jika prosedur internal kampus tidak memadai. Penelitian ini menekankan pentingnya harmonisasi antara peraturan pendidikan dan hukum administrasi negara untuk menjamin perlindungan hak-hak akademik mahasiswa.
Interreligious Environmental Ethics: A Comparative Philosophical Analysis of Religious Teachings and Ecological Responsibility Mahfud Heru Fatoni; Muhamad Hanif Fuadi; Adhe Ismail Ananda; Mamdukh Budiman
Green Philosophy: International Journal of Religious Education and Philosophy Vol. 1 No. 3 (2024): July: Green Philosophy: International Journal of Religious Education and Philos
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70062/greenphilosophy.v1i3.256

Abstract

This study explores the role of interreligious environmental ethics in shaping global cooperation to address the ongoing ecological crisis. By analyzing and comparing the teachings of Islam, Christianity, Hinduism, and Buddhism, the study identifies key environmental ethics principles that are shared across these religious traditions, such as non-violence, the sacredness of nature, and the principle of moderation in resource use. Despite theological and doctrinal differences, these shared values provide a strong philosophical and moral foundation for fostering cooperation among religious communities in addressing global environmental challenges. The study also examines the philosophical divergences within religious teachings, such as the varying interpretations of human dominion over nature and the role of humans as stewards or caretakers of the Earth. These theological differences present challenges in creating a unified environmental ethical framework, yet they also highlight the richness and diversity of religious perspectives on ecological responsibility. The practical applications of these teachings are discussed, focusing on how religious values have been integrated into real-world environmental movements, such as faith-based environmentalism and interfaith collaborations. The findings underscore the potential for interfaith dialogue to catalyze global environmental action and the creation of a unified global ethical system. Such a system, grounded in shared religious values, could provide a framework for sustainable practices and ecological justice, offering a moral guide for individuals, communities, and nations in their efforts to mitigate environmental degradation and promote sustainability.
Analisis Yuridis Pelaksanaan Kewenangan Bawaslu sebagai Lembaga Pengawas dan Lembaga Pemutus Sengketa Pemilihan Umum Juhardin, Juhardin; Ismail Ananda, Adhe
Jurnal Ilmu Manajemen Sosial Humaniora (JIMSH) Vol. 5 No. 1 (2023): Februari, Jurnal Ilmu Manajemen Sosial Humaniora (JIMSH)
Publisher : LP3M, Universitas Muhammadiyah Kendari

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Abstract

This study aims to analyze the implementation of the authority of the Bawaslu as an election supervisory institution and election process dispute resolution. This research is a normative legal research by examining all laws and regulations related to the legal issues being studied. The research approach uses a statutory approach and a conceptual approach. The sources of legal materials used are primary legal materials, namely legal materials that are authoritative in nature, which consist of statutory regulations, official records, or treatises in making statutory regulations as well as secondary legal materials (materials that provide explanations regarding primary legal materials, including , documents, books, magazines, legal journals and research reports related to this research). The conclusion of this research has been obtained that First, Bawaslu as an election supervisory institution performs the function of preventing violations. Second, the Authority to Resolve Election Process Disputes of the Bawaslu is an attributive authority based on Law no. 7 of 2017 concerning General Elections in Article 94 paragraph (3) point d and Bawaslu Members have met the criteria as judges at the Bawaslu Adjudication Session because they have gone through such a strict selection process in accordance with the stages they have carried out and the Selection Team has conducted an assessment based on the criteria contained in article 117 of the Election Law. Third, Article 469 which states that the Bawaslu decision is final and binding is a sentence that gives position or power to the Bawaslu adjudication decision which is final. However, this power is immediately removed in the next phrase which gives exceptions to certain circumstances.
TATA KELOLA DAN EFISIENSI LAYANAN PELABUHAN LAUT: IMPLIKASI HUKUM PEMBAGIAN KEWENANGAN BERDASARKAN UU NOMOR 6 TAHUN 2023 TENTANG CIPTA KERJA Syamsul Rijal; Adhe Ismail Ananda
Journal Publicuho Vol. 8 No. 3 (2025): August - October - Journal Publicuho
Publisher : Halu Oleo University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35817/publicuho.v8i3.939

Abstract

Seaports play a strategic role as logistics hubs and drivers of national economic growth. However, port governance in Indonesia continues to face structural challenges, particularly regarding the distribution of authority between Port Authorities (OP) and Port Business Entities (BUP). Regulatory reform through Law No. 6 of 2023 on Job Creation amended key provisions of Law No. 17 of 2008 on Shipping by explicitly separating the functions of regulator and operator. This study aims to analyse the legal implications of such authority distribution on the efficiency of seaport services in Indonesia. A normative-juridical approach is employed by examining Article 110A and related provisions in the Job Creation Law. The findings indicate that while the legal reform intends to enhance efficiency and attract investment, its implementation is hindered by regulatory disharmony, overlapping authority, and weak institutional coordination. Therefore, regulatory harmonisation and institutional governance strengthening are essential to achieving sustainable port service effectiveness.