Aan Eko Widiarto - Academia.edu (original) (raw)

Papers by Aan Eko Widiarto

Legality : Jurnal Ilmiah Hukum

This paper aims to study the construction of an appropriate legal basis for a state of law in res... more This paper aims to study the construction of an appropriate legal basis for a state of law in responding to the Covid-19 emergency. As a state of law, Indonesia has been making many regulations at both central and local government levels. The regulations vary, ranging from Government Regulations in Lieu of Law, Ministerial Regulations, Ministerial Decrees, and Joint Decrees of Ministerial Instructions, to the Regulations of Regional Heads, and these regulations have led to overlapping regulations. With normative-juridical methods, the prescriptive technique was used to further analyze the problem and find a new concept of the construction of an appropriate legal basis in responding to the Covid-19 emergency. The research results show that, juridically, the use of non-legal products such as Ministerial Instructions and Circular Letters issued by ministers during the Covid-19 emergency in Indonesia has fulfilled the procedural aspects of law-making but not the substantive ones regardi...

Penulisan skripsi ini dilatarbelakangi dengan berlakunya Undang-Undang Nomor 16 Tahun 2004 tentan... more Penulisan skripsi ini dilatarbelakangi dengan berlakunya Undang-Undang Nomor 16 Tahun 2004 tentang Kejaksaan Republik Indonesia menggantikan Undang-Undang Nomor 5 tahun 1991 yang mempertegas bahwa kejaksaan Agung dalam melaksanakan penegakan hukum dan penuntutan merdeka dari pengaruh kekuasaan manapun. Banyaknya timbul perdebatan mengenai Jaksa Agung harus berasal dari jaksa karier atau non karier serta adanya kasus mengenai keabsahan jabatan seorang Jaksa Agung dalam memimpin Kejaksaan Republik Indonesia yang dianggap masa jabatannya sudah habis, sehingga berpengaruh terhadap masa jabatan Jaksa Agung sebagai Pejabat Negara. Oleh Karena itu, penelitian ini bertujuan mengkaji dan menganalisis pengaturan masa jabatan Jaksa Agung sejak Indonesia merdeka hingga saat ini dan implikasi yuridis kedudukan Jaksa Agung sebagai Pejabat Negara setingkat Menteri terhadap masa jabatan Jaksa Agung, maka jenis penelitian yang dipakai ialah yuridis normatif yaitu melakukan penelitian hukum dengan me...

KnE Social Sciences

This study examines the Legal Implications of using Ministerial Instruction Instruments as the Le... more This study examines the Legal Implications of using Ministerial Instruction Instruments as the Legal Basis for the Implementation of Restrictions on Community Activities During the Covid-19 Pandemic. As is known that during this pandemic, the Government made many instruments in the form of Ministerial Instructions to respond to the transmission of Covid-19 in the form of the Implementation of Restrictions on Community Activities. In fact, these instruments are not laws and regulations so they are not binding in general, let alone limit human rights through restrictions on the right to activity and threaten criminal sanctions. The Covid-19 Pandemic Emergency was also responded to excessively by several Ministries by issuing rules at the respective Ministry level, both in the form of a Joint Decree (SKB) and a Decree. In fact, among these instruments overlapping authorities, for example, related to the distribution of social assistance (bansos). In this case, there are legal problems ...

The Indonesian House of Representatives and the President has established the Act Num. 17 Year... more The Indonesian House of Representatives and the President has established the Act Num. 17 Year 2014 on MPR, DPR, DPD, and the DPRD (Act MD3). The Act consists provisions that have been declared incompatible with the Constitution 1945 and does not have binding legal force by the Constitutional Court Decision Num. 92/PUU-X/2012. The result is a duality norm. The first norm is the norm authorizes the establishment of laws that have already been decided in the judgment of the Constitutional Court No. 92/PUU-X/2012. The second norm is the new norm about authority of making laws specified in the Act MD3. Both of norms are contrary, so in the implementation (rechtstoepassing), House of Representatives, and the President is faced with two choices provisions of legislation. DPD authority in making the draft law becomes blurred. Similarly for the House of Representatives and the President also no certainty authority in relationship with DPD in the act making process. Should the House of Representatives and the President uphold the principle of self respect or self obidence (the government should respect the decisions of the judiciary).

Journal of Public Administration, Finance and Law

In order to achieve the goal of a welfare state, a law is needed as the legal basis for the state... more In order to achieve the goal of a welfare state, a law is needed as the legal basis for the state. One of the fundamental laws in democracy is that it is the people themselves who must form laws to achieve common goods. The purpose of this research is the role of community participation in the process of law making in the context of a democratic society. Through normative research will understand the role of public participation in the process of law making in the context of a democratic society. The results showed that The law is a product of general will, so the community as the holder of sovereignty must remain involved in its formation. Legitimate law is the expression of the sovereign will. The law is needed by the state in order to achieve the state's goal, namely to organize a general welfare state for its people.

Mahkamah Konstitusi Republik Indonesia, 2015

Yustisia Jurnal Hukum, 2020

This article will study whether original intent method able to find justice in constitution and f... more This article will study whether original intent method able to find justice in constitution and formulate constitutional interpretation that will able to perform constitutional supremacy. This study uses a doctrinal approach or also referred to as the normative legal approach. The method taken in this writing is analysis descriptive which describes and analyses constitutional interpretation with original intent method. Formulating constitution interpretation which answers people dynamic but doesn’t lose its original constitutional intent. This research shows that Constitutional interpretation with original intent method can mean as an interpretation which assimilate the spirit of how the original written constitution was formulated when building UUD 1945, the opinion of constitution’s founders in their understanding on the purpose and the nation’s ground principals. Basically, All the rules must not contradict with constitution’s intention. The freedom of judges to decide is not fre...

International Journal of Multicultural and Multireligious Understanding, Nov 16, 2021

in this study conducted a study of the ratio legis regulation of the authority of the Regional Re... more in this study conducted a study of the ratio legis regulation of the authority of the Regional Representative Council of the Republic of Indonesia (DPD RI) in Supervision of Draft Regional Regulations and Regional Regulations contained in Article 249 paragraph (1) letter j of Law Number 2 of 2018 concerning the Second Amendment to Law Number 17 of 2014 concerning Regional People's Consultative Assembly, People's Representative Council, Regional Representative Council, and Regional People's Representative Council (MD3 Law). This research is normative legal research with a statutory and conceptual approach. The results of this study are the legislative authority ratio of the DPD RI in supervising the draft of regional regulations and regional regulations to strengthen the function of the DPD RI within the framework of the unitary state of the Republic of Indonesia, especially in maintaining the harmonization of regulations at the central level with regulations at the regional level in the form of draft regional regulations and regional regulations

Jurnal Hukum PRIORIS, 2016

Interaction among fisherman in the activity of fishing is potential to result conflict. Factor of... more Interaction among fisherman in the activity of fishing is potential to result conflict. Factor of the conflict can be related to the area of fishing, equipments of fishing and attitudes. These kinds of conflict can be categorized as horizontal conflict. Besides, vertical conflict can also happen in the communty of fisherman. The conflicts happen among the fisherman and government. Policies of the government, especially the policies that are not in accordance with the fisherman need can be the factor of conflicts. The policy of the government, especially local government that is not in accordance with the fisherman need is the policy to explore the natural resourches. This policy is based on the government need to increase the income. This research learn the mechanisms that are applicated by the fisherman to solve the conflict. They have their own internal mechanism to solve the conflict. This kind of mechanism have raised among their community since long time ago.

Journal of Social Sciences, 2022

After the first amendment to the 1945 Constitution, there was a shift in power to form laws from ... more After the first amendment to the 1945 Constitution, there was a shift in power to form laws from the President to the DPR. The power of the DPR to form laws is shared with the President because each bill is discussed jointly by the DPR and the President for mutual approval. The joint approval of the DPR and the President is the binding point for the two state institutions that produce material laws. However, there are several bills that have been mutually agreed with the DPR and the President that have not been signed by the President. After a period of thirty days has been lapsed, the mutually agreed Bill by the DPR and the President shall become Law, even without the ratification of the President, and must be promulgated. This phenomenon raises question of why the President does not ratify the Bills he has approved. This research is a normative research with a statutory, conceptual, historical and comparative approach, which is expected to provide coherence and continuity to const...

Tadulako Law Review, 2020

This article is intended to conduct a legal research on how the constitutional courts have interp... more This article is intended to conduct a legal research on how the constitutional courts have interpreted the meaning of the religion in the constitution of Indonesia. The author has applied normative legal reseach method by compiling and analyzing the constititonal court decisions related to the issue of the religios in the indigenous community in Indonesia. Also, the author try to raise a statutory approach and legal reasonings in the constitutional court decision to analyse the legal issues. According to the result of this legal research, the author comes to the following conclussions; the constitutional court decisions has applied and used the historic interpretation method of a religion meaning in the constitution, but the constitutional courts have come to the different result of the religion meaning in the constitution. While the constitutional court decision number 140/PUU-VII/2009 excluded the meaning of the religion in the constitution, however, the constitutional court decis...

Medico-Legal Update, 2020

Verdict of the DKPP in Article 458 clause (13) in the Law No. 7 of 2017 on the General Election i... more Verdict of the DKPP in Article 458 clause (13) in the Law No. 7 of 2017 on the General Election is final andbinding. Yet, the implementation stage of the “final and binding” phrase causes multi-interpretation. Thus,there are some verdicts of the General Election Honorary Organizing Council (DKPP) which underwentlegal efforts to the State Administration Court (PTUN). As a form of ius constituendum, the writer suggeststhat there should be a regulatory reconstruction on the verdicts of the DKPP in upholding the code of ethicsin organizing the general election, by classifying that the verdicts of the DKPP is an ethical verdict; thusit is not proper to be corrected by the legal verdict in the PTUN. The room for correction will be openedby mandating it to the Court of Ethics. The ethical verdict corrected in the PTUN will risk the judges’independence. It is highly possible that they will experience psychological pressure in making a verdict onthe general election ethic violation in their ...

SThe existence of the Tengger Traditional Community wisdom system in Ngadas Village, Malang Regen... more SThe existence of the Tengger Traditional Community wisdom system in Ngadas Village, Malang Regency managing food crops agriculture and natural resources is partly apparent, developed, and continuous until now. The main problem of his study is how to set up a political law reconstruction model of local Tengger Traditional Community wisdom based food sustainability for establishing food sovereignty. The study utilizes two approach methods, the first being the normative approach is to analyze various law regulations, policies, and political laws related with statewide food sustainability and the implementations on the Tengger customs society. Meanwhile, the socio legal approach is to examine the presence of the local wisdom system and noticeable conflicts in the natural resource management experienced by the Tengger Traditional Community. The findings from this research reveal that the co-management model implementation are required to share commitment among the government and the pub...

GeoJournal of Tourism and Geosites, 2021

Temples has become one of the main tourism destinations in which a lot of people look for spiritu... more Temples has become one of the main tourism destinations in which a lot of people look for spiritual fulﬁlment. However, there are many weaknessess on protection and management of temples in Malang Raya that do not consider spirituality, ethics and sustainable tourism aspects. The paper aims to construct integrated law regarding protection and management of temples in Malang Raya based on the principle of spirituality, ethics and sustainable tourism. This research is a socio-legal study integrating legal, economics, cultural studies. The research data was collected from library research and observation of 29 temples, followed by cross-examination analysis techniques to formulate the solution. The results identify challenges encountered in the protection and management of the temples in Malang, in terms of regulation, economics, market, attraction, accommodations, environment, and ethics. Hence, the integrated legal construction covering all sectors is a key to protection and manageme...

The function of the Indonesian Constitutional Court as the guardian of the constitution is mainly... more The function of the Indonesian Constitutional Court as the guardian of the constitution is mainly conducted through the judicial review authority. Since 2003 to April 2021, the Constitutional Court has received and decided 1392 petitions over judicial review. In its dictums, the Constitutional Court often declares conditionally constitutional or conditionally unconstitutional (conditional decision). Conditional decision is a decision of the Court that declare the reviewed norm conditionally constitutional or unconstitutional. The norm is constitutional if interpreted pursuant to the Court interpretation, or the norm is unconstitutional if interpreted in certain ways. This research is aimed to investigate the criteria of judicial review decisions which declares conditionally constitutional and conditionally unconstitutional in accordance with the characteristics of norms of the law reviewed. The analysis was limited to the Court decisions from 2003 to 2017. The research result indica...

KPPOD (Komite Pemantauan Pelaksanaan Otonomi Daerah/Regional Autonomy Watch), which has existed f... more KPPOD (Komite Pemantauan Pelaksanaan Otonomi Daerah/Regional Autonomy Watch), which has existed for as long as regional autonomy, is seeking to realize its vision of partaking in the creation of a conducive business climate in the era of autonomy through various activities. As one of its annual activities, KPPOD conducted a “Rating on Investment Attractiveness of Districts/Municipalities for Year 2003” covering 156 Districts and 44 Municipalities in Indonesia. The study is the third rating; the first was in 2001 covering 90 Districts/Municipalities while the second was in 2002 with 134 Districts/Municipalities. Apart from being a reference for investors in weighing investment decisions, this activity is intended to induce healthy competition among autonomous regions in facilitating economic activities. Likewise, the activity is expected to become one of the means to assist principal parties to evaluate the regional autonomy. The enthusiasm of the business community regarding the res...

Journal of Arts and Humanities, 2021

In this article, the researchers examine the legal protection of the political rights of persons ... more In this article, the researchers examine the legal protection of the political rights of persons with disabilities to become members of the House of Representatives in Kenya and Indonesia using a statute approach and a comparative law approach. This study aims to find a good and responsive form of legal protection to fulfil and enforce the political rights of persons with disabilities to be elected as candidates for members of the House of Representatives by comparing the Constitution and the General Election Law in force in Kenya and Indonesia. The statutory regulations as the objects of this study are the Constitution of Kenya of 2010, the Election Act of Kenya No. 24 of 2011, the 1945 Constitution of the Republic of Indonesia, and the Law of Republic of Indonesia No. 7 of 2017 about the General Election. This comparison allows the researchers to implement a legal construction of the Law of the Republic of Indonesia No. 7 of 2017 on the General Election. This can provide legal cer...

Journal of Arts and Humanities, 2020

Ministerial Regulations in the hierarchy of Indonesian laws and regulations are still being debat... more Ministerial Regulations in the hierarchy of Indonesian laws and regulations are still being debated by legal practitioners, this is related to the legal basis for their formation authority, material content, and harmonization procedures that still require a theoretical testing process. Various laws and regulations that have existed and are still valid and legal theories that are popular in Indonesia also have diverse perspectives on this matter. The purpose of this research is to analyze the legal implications of the regulation of Ministerial Regulations in Article 8 of Law 12 of 2011 concerning Formation of Legislation as amended by Law 15 of 2019 concerning Amendments to Law 12 of 2011 concerning Formation of Legislation on Government Administration. This research is a normative legal research with philosophical, conceptual, legal comparison, and historical approaches. The legal materials used are primary, secondary and tertiary legal materials. Primary sources are basic norms and...

International Journal of Multicultural and Multireligious Understanding, 2020

The placement of DKPP as a unitary function of the joint election organizer with the KPU and Bawa... more The placement of DKPP as a unitary function of the joint election organizer with the KPU and Bawaslu in article 1 number 7 of Law 7/2017 on General Election has made the position of DKPP unclear, whether DKPP is qualified as a state administrative organ (TUN), or as an independent body outside the organizer elections whose function is related to judicial power. The unclear position implies that the DKPP decision does not have legal certainty because legal remedies can be made at the State Administration Court. As a form of us constituendum , the author offers to reconstruct the position of DKPP in the judicial system by removing the DKPP from the election management environment, so that what is meant by election organizers only consists of the KPU and Bawaslu. As well as DKPP in the General Election Law is defined as a body whose function is related to judicial power and has the duty to enforce the code of ethics of election administrators. The author is of the view that with the ne...