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Papers by Irfan Nur Rachman
Jurnal Konstitusi
The Constitutional Court has created a legal breakthrough in handling the local head election dis... more The Constitutional Court has created a legal breakthrough in handling the local head election dispute, in order to uphold the democracy and break away from habitual practice of systematic, structured, and massive (STM) violations. The Court does not simply calculate the results of vote count but also have to seek the justice and prosecute results counting rate that were disputed. As the juridical normative research, the research uses a statutory, case, historical approach and the sociology of law. The research shows that throughout 2008-2011 Court has granted the dispute for as many as thirty-two cases. Of that amount of cases, those with the STM violations are as many as 21 (twenty one) cases. Whereas the nature of TSM were divided into two kinds namely cumulative and alternative which both may cancel local head election results. There are three types of local head election violations, first, violation in the process that does not affect the results of ...
Mahkamah Konstitusi Republik Indonesia, 2015
Hasanuddin Law Review, 2019
Judicial Corruption is a disgrace to the world of justice and disaster for the justice seeker com... more Judicial Corruption is a disgrace to the world of justice and disaster for the justice seeker community. The judiciary is the third branch of state power after the executive and legislature. The judicial function is as a control and a counterweight to both branches of the power so as not to fall into arbitrary acts. In other words, the judiciary basically serves to implement the principle of checks and balances. However, if the justice functioning as a counterweight is actually involved in the vortex of judicial corruption that has plagued the judicial institutions, then what happens is the absence of justice because the judicial institution becomes unqualified and degrades its reputation in the public eye. This will lead to a vote of no confidence in the judiciary as a whole and the community has the potential to seek justice in other ways that may be done in illegal ways. Therefore, it is important to realize quality judiciary by organizing institutional aspects, the process of re...
Jurnal Konstitusi, 2016
Indonesia which is located in southeastern asia has a lot of natural resources. This situation ha... more Indonesia which is located in southeastern asia has a lot of natural resources. This situation has made indonesia was one of the purpose of foreign capital investment especially the mining sector, besides the forestry sector, and water resources management. It was because the lack of our country in managing the source of natural resources, good of the aspect of capital, aspects human resources, and facets technology. As a result of natural resources that we have not can be used to welfare of the people maximally.Ironically, our country having of natural resources, but contributed the most to state budget (APBN) not from the results of the management of natural resources, but of tax sector. Hence in managing natural resources in indonesia need to consider article 33 constitution 1945 containing the political legal in the management of natural resources, so the purpose of natural resources to public welfare can be achieved maximally.
Intentionally, criminal sanction was seen as an effective solution for the problem of crimes. On ... more Intentionally, criminal sanction was seen as an effective solution for the problem of crimes. On the other hand, criminal sanctions also pose as an implementation of state responsibility in maintaining public security, order and legal protection of its citizens. In the development of Indonesian legal system, most of the laws enacted by the state have included criminal sanction in its substance. Therefore, there is a shift in the political law (legal policy) regarding the application of criminal sanctions, which intentionally pose as a last resort (ultimum remedium) has shifted towards first resort (primum remedium). The inclusion of criminal sanctions in the legislation as primum remedium might result on the violation of the constitutional rights of Indonesian citizens. In addition, there is an emergence of numbers in applications of judicial review on the laws regarding the criminal sanctions issues. This research focuses to examine and determine about the position of criminal san...
Indonesia is a country that adopts a civil law system. The main source of law for states that ado... more Indonesia is a country that adopts a civil law system. The main source of law for states that adopt a civil law system is the law. After amendment 1945 constitution which occurs in 1999 until 2002 and the Constitutional Court was born in 2003 because of its amendment 1945 constitution. There is a new source of law that has a very strategic role in efforts to develop a national legal system, namely the Constitutional Court's Decision. The Constitutional Court's decisions often contain orders, recommendations, and prohibitions to form legislators to amend laws that are declared unconstitutional. Sometimes, The Constitutional Court was ignored by the legislator. It means that The Constitutional Court decision has not a primary source of law. This paper aims to discuss the character of the Constitutional Court decision and how is the concept of national legal development based on the Constitutional Court decision. The method used in this study is juridical-normative through the ...
In the 2004 judicial reviews of Law Number 7/2004 on Water Resources, the Indonesian Constitution... more In the 2004 judicial reviews of Law Number 7/2004 on Water Resources, the Indonesian Constitutional Court has rejected several petitions with the Constitutional Court Decisions Number 058-059-060-063/PUU-II/2004 and the Constitutional Court Decisions Number 8/PUU-III/2005. Meanwhile, in 2013, the Constitutional Court received again applicants who repudiate the substances of the law, which has been then registered as Case Number 85/PUU-XI/2013. Different with the previous case, on this case, the Constitutional Court has won the request and finally come to the conclusion that the law is contrary with the 1945 State Constitution, thus, it has no binding legal force. The Decisions which mentioned as the Constitutional Court Decisions Number 83/PUU-XI/2013 which overall revoke Law Number 7/2004 on Water Resources bring about legal implications. Several implications of them require, among others, the re-enactment of Law Number 11/1974 on Water Territory which has been earlier revoked and ...
Indonesia which is located in southeastern asia has a lot of natural resources. This situation ha... more Indonesia which is located in southeastern asia has a lot of natural resources. This situation has made indonesia was one of the purpose of foreign capital investment especially the mining sector, besides the forestry sector, and water resources management. It was because the lack of our country in managing the source of natural resources, good of the aspect of capital, aspects human resources, and facets technology. As a result of natural resources that we have not can be used to welfare of the people maximally.Ironically, our country having of natural resources, but contributed the most to state budget (APBN) not from the results of the management of natural resources, but of tax sector. Hence in managing natural resources in indonesia need to consider article 33 constitution 1945 containing the political legal in the management of natural resources, so the purpose of natural resources to public welfare can be achieved maximally.
Medico-Legal Update
Normatively, the follow up on the Constitutional Court’s Decree has been regulated in the Constit... more Normatively, the follow up on the Constitutional Court’s Decree has been regulated in the Constitution No.12 of 2011. Yet, the mentioned norm has not optimally regulated the follow up of the Constitutional Court’s Decree as one of the main sources in the planning and the renewal of the national law. This is shown by the fact that there was a norm which was annulled by the Constitutional Court, yet it was still written in the new Constitution. Because of that, the Constitutional Court’s verdict, especially those regarding the politics of judicial law, is crucial to be included in the national law planning and development documents as a guide for the lawmakers in the form of the Constitution. This is because the Constitutional Court’s decree includes the politics of the judicial law, which determines the road of the national health law’s development, so that the constitution in the aspect of health will not be against the 1945 Constitution. This research is a qualitative study, by using the post-positivism paradigm and the juridical-normative approach. The research approach used is statute approach and case approach. The research approach is used to see the politics of the judicial law contained in the Constitutional Court’s Decree which should have been the guide of the national health law development.
Judicial review is the test act against UUD 1945 that is one authority the constitutional court. ... more Judicial review is the test act against UUD 1945 that is one authority the constitutional court. In testing legislation affairs, the constitutional court could have cancel or material handling charge article / ayat / part of a statute. But in the legal developments event at the constitutional court, turned in regional head affair how the constitutional court to review (pseudo judicial testing legislation specious) where the constitutional court to do our tests material charge / article ayat / or part of a statute. The research results show that on formil, judicial review the request in the matter of the act of testing and supplication pseudo judicial review in the matter of the results of the upcoming general election strife is different because be set by two types of laws the event under the authority of the different. However, in the context of judicial review of the verdict, construction and construction of pseudo judicial review similarities and differences will be discussed ...
Jurnal Konstitusi
The Constitutional Court has created a legal breakthrough in handling the local head election dis... more The Constitutional Court has created a legal breakthrough in handling the local head election dispute, in order to uphold the democracy and break away from habitual practice of systematic, structured, and massive (STM) violations. The Court does not simply calculate the results of vote count but also have to seek the justice and prosecute results counting rate that were disputed. As the juridical normative research, the research uses a statutory, case, historical approach and the sociology of law. The research shows that throughout 2008-2011 Court has granted the dispute for as many as thirty-two cases. Of that amount of cases, those with the STM violations are as many as 21 (twenty one) cases. Whereas the nature of TSM were divided into two kinds namely cumulative and alternative which both may cancel local head election results. There are three types of local head election violations, first, violation in the process that does not affect the results of ...
Mahkamah Konstitusi Republik Indonesia, 2015
Hasanuddin Law Review, 2019
Judicial Corruption is a disgrace to the world of justice and disaster for the justice seeker com... more Judicial Corruption is a disgrace to the world of justice and disaster for the justice seeker community. The judiciary is the third branch of state power after the executive and legislature. The judicial function is as a control and a counterweight to both branches of the power so as not to fall into arbitrary acts. In other words, the judiciary basically serves to implement the principle of checks and balances. However, if the justice functioning as a counterweight is actually involved in the vortex of judicial corruption that has plagued the judicial institutions, then what happens is the absence of justice because the judicial institution becomes unqualified and degrades its reputation in the public eye. This will lead to a vote of no confidence in the judiciary as a whole and the community has the potential to seek justice in other ways that may be done in illegal ways. Therefore, it is important to realize quality judiciary by organizing institutional aspects, the process of re...
Jurnal Konstitusi, 2016
Indonesia which is located in southeastern asia has a lot of natural resources. This situation ha... more Indonesia which is located in southeastern asia has a lot of natural resources. This situation has made indonesia was one of the purpose of foreign capital investment especially the mining sector, besides the forestry sector, and water resources management. It was because the lack of our country in managing the source of natural resources, good of the aspect of capital, aspects human resources, and facets technology. As a result of natural resources that we have not can be used to welfare of the people maximally.Ironically, our country having of natural resources, but contributed the most to state budget (APBN) not from the results of the management of natural resources, but of tax sector. Hence in managing natural resources in indonesia need to consider article 33 constitution 1945 containing the political legal in the management of natural resources, so the purpose of natural resources to public welfare can be achieved maximally.
Intentionally, criminal sanction was seen as an effective solution for the problem of crimes. On ... more Intentionally, criminal sanction was seen as an effective solution for the problem of crimes. On the other hand, criminal sanctions also pose as an implementation of state responsibility in maintaining public security, order and legal protection of its citizens. In the development of Indonesian legal system, most of the laws enacted by the state have included criminal sanction in its substance. Therefore, there is a shift in the political law (legal policy) regarding the application of criminal sanctions, which intentionally pose as a last resort (ultimum remedium) has shifted towards first resort (primum remedium). The inclusion of criminal sanctions in the legislation as primum remedium might result on the violation of the constitutional rights of Indonesian citizens. In addition, there is an emergence of numbers in applications of judicial review on the laws regarding the criminal sanctions issues. This research focuses to examine and determine about the position of criminal san...
Indonesia is a country that adopts a civil law system. The main source of law for states that ado... more Indonesia is a country that adopts a civil law system. The main source of law for states that adopt a civil law system is the law. After amendment 1945 constitution which occurs in 1999 until 2002 and the Constitutional Court was born in 2003 because of its amendment 1945 constitution. There is a new source of law that has a very strategic role in efforts to develop a national legal system, namely the Constitutional Court's Decision. The Constitutional Court's decisions often contain orders, recommendations, and prohibitions to form legislators to amend laws that are declared unconstitutional. Sometimes, The Constitutional Court was ignored by the legislator. It means that The Constitutional Court decision has not a primary source of law. This paper aims to discuss the character of the Constitutional Court decision and how is the concept of national legal development based on the Constitutional Court decision. The method used in this study is juridical-normative through the ...
In the 2004 judicial reviews of Law Number 7/2004 on Water Resources, the Indonesian Constitution... more In the 2004 judicial reviews of Law Number 7/2004 on Water Resources, the Indonesian Constitutional Court has rejected several petitions with the Constitutional Court Decisions Number 058-059-060-063/PUU-II/2004 and the Constitutional Court Decisions Number 8/PUU-III/2005. Meanwhile, in 2013, the Constitutional Court received again applicants who repudiate the substances of the law, which has been then registered as Case Number 85/PUU-XI/2013. Different with the previous case, on this case, the Constitutional Court has won the request and finally come to the conclusion that the law is contrary with the 1945 State Constitution, thus, it has no binding legal force. The Decisions which mentioned as the Constitutional Court Decisions Number 83/PUU-XI/2013 which overall revoke Law Number 7/2004 on Water Resources bring about legal implications. Several implications of them require, among others, the re-enactment of Law Number 11/1974 on Water Territory which has been earlier revoked and ...
Indonesia which is located in southeastern asia has a lot of natural resources. This situation ha... more Indonesia which is located in southeastern asia has a lot of natural resources. This situation has made indonesia was one of the purpose of foreign capital investment especially the mining sector, besides the forestry sector, and water resources management. It was because the lack of our country in managing the source of natural resources, good of the aspect of capital, aspects human resources, and facets technology. As a result of natural resources that we have not can be used to welfare of the people maximally.Ironically, our country having of natural resources, but contributed the most to state budget (APBN) not from the results of the management of natural resources, but of tax sector. Hence in managing natural resources in indonesia need to consider article 33 constitution 1945 containing the political legal in the management of natural resources, so the purpose of natural resources to public welfare can be achieved maximally.
Medico-Legal Update
Normatively, the follow up on the Constitutional Court’s Decree has been regulated in the Constit... more Normatively, the follow up on the Constitutional Court’s Decree has been regulated in the Constitution No.12 of 2011. Yet, the mentioned norm has not optimally regulated the follow up of the Constitutional Court’s Decree as one of the main sources in the planning and the renewal of the national law. This is shown by the fact that there was a norm which was annulled by the Constitutional Court, yet it was still written in the new Constitution. Because of that, the Constitutional Court’s verdict, especially those regarding the politics of judicial law, is crucial to be included in the national law planning and development documents as a guide for the lawmakers in the form of the Constitution. This is because the Constitutional Court’s decree includes the politics of the judicial law, which determines the road of the national health law’s development, so that the constitution in the aspect of health will not be against the 1945 Constitution. This research is a qualitative study, by using the post-positivism paradigm and the juridical-normative approach. The research approach used is statute approach and case approach. The research approach is used to see the politics of the judicial law contained in the Constitutional Court’s Decree which should have been the guide of the national health law development.
Judicial review is the test act against UUD 1945 that is one authority the constitutional court. ... more Judicial review is the test act against UUD 1945 that is one authority the constitutional court. In testing legislation affairs, the constitutional court could have cancel or material handling charge article / ayat / part of a statute. But in the legal developments event at the constitutional court, turned in regional head affair how the constitutional court to review (pseudo judicial testing legislation specious) where the constitutional court to do our tests material charge / article ayat / or part of a statute. The research results show that on formil, judicial review the request in the matter of the act of testing and supplication pseudo judicial review in the matter of the results of the upcoming general election strife is different because be set by two types of laws the event under the authority of the different. However, in the context of judicial review of the verdict, construction and construction of pseudo judicial review similarities and differences will be discussed ...