Nurfaika Ishak - Academia.edu (original) (raw)

Papers by Nurfaika Ishak

Research paper thumbnail of Constitutional Religious Tolerance in Realizing the Protection of Human Rights in Indonesia

Journal of Human Rights, Culture and Legal System

Tolerance in the dynamic of Indonesian society and socio-cultural diversity is necessary. It is c... more Tolerance in the dynamic of Indonesian society and socio-cultural diversity is necessary. It is crucial to examine constitutional regulations as the highest fundamental law. The government has issued various regulations, but the critical question is whether these regulations protect religious freedom. This study aims to figure out how the law of religious tolerance ruled in the Constitution of the Republic of Indonesia/ Undang-Undang Dasar Negara Republik Indonesia Tahun 1945. This research is a type of normative research by describing, analyzing, and describing the constitutional arrangement of religious tolerance as a form of protection of human rights in Indonesia. The approach used is legal by tracing all relevant laws and regulations. The data collection technique used in this study is a library research technique, which is a data collection technique by reviewing journals, rules, regulations, and other related materials related to the law of religious tolerance in Indonesia. T...

Research paper thumbnail of Bureaucratic and Political Collaboration Towards a Good Governance System

This research aims to know how is the synergy of bureaucracy and politics in realizing good gove... more This research aims to know how is the synergy of bureaucracy and politics in realizing good governance. More specifically, what are the factors that influence the relationship between bureaucracy and politics in realizing good governance system. This study used a qualitative approach which is give description about the issues. The data collection technique used is literature study by examining and analyzing relevant literature such as books, journal articles, laws and regulations focusing bureaucracy, politics, and good governance systems. The results of the research showed that the synergy between bureaucracy and politics is absolutely necessary to realize good governance system. In addition, factors that affects relationships between them are aspect of authority/ power, human resources, and recruitment system. Bureaucracy and politics must be placed in the same stage to prevent superiority between bureaucracy and politics. A balanced relationship can be transformed into juridical...

Research paper thumbnail of The Fundamental Rights to Freedom of Expression and Its Limits in the Indonesian Constitution

Proceedings of the 2nd Borobudur International Symposium on Humanities and Social Sciences, BIS-HSS 2020, 18 November 2020, Magelang, Central Java, Indonesia

Research paper thumbnail of Problematika Pemilihan Kepala Daerah Calon Tunggal Dalam Demokrasi Indonesia

Pena Justisia: Media Komunikasi dan Kajian Hukum

This study aims to explain the arrangements for a single candidate regional head election and how... more This study aims to explain the arrangements for a single candidate regional head election and how people's sovereignty is channeled into the democratic process of regional head elections. This type of research is a descriptive normative juridical study. The data used are secondary data in the form of primary legal materials and secondary legal materials obtained through literature study. The results showed that the regulation of regional head elections with only 1 (one) pair of candidates began with the issuance of the Constitutional Court decision Number 100 / PUU-XIII / 2015 which was subsequently followed by the issuance of General Election Commission Regulation Number 14 of 2015 and Law Number 10 of 2016. Whereas the people are the determinants of government administration power through the regional head election process so that the people as the main activator of the wheel of democracy should not be hindered in choosing candidates for regional head leaders even though there...

Research paper thumbnail of Implementation and Supervision of Official Discretion in Local Government of Republic of Indonesia

Al Daulah : Jurnal Hukum Pidana dan Ketatanegaraan, Dec 30, 2019

Discretion is particularly vulnerable to the misuse of authority by officials which could lead to... more Discretion is particularly vulnerable to the misuse of authority by officials which could lead to collusion, corruption and nepotism and made the administration of government no longer aims for public's benefit and interest but for the advantage of a few and conflict interest of corrupt people. Therefore, the clear procedures related to the implementation for supervision of the discretion, especially on local government in the the Republic of Indonesia.This study aims to provide a more in depth understanding of the issues of implementation and supervision of discretion of government officials. The form of legal research used in this study is juridical-normative research. Juridical-normative legal research consists of research on principles, systematics, and legal synchronization. This study also based on laws and regulations related to the implementation and supervision of discretion by officials. This study shows that every official of the state administration in performing their duties shall be based on legitimate authority, which is provided by laws and regulations. Governance should be based on law (wet matigheid van bestuur=legality principle= le rincile de la egalite de'l administration). The supervision of the discretion of government officials is prohibited to the abuse of authority. Government Officials are prohibited from misusing authority. Supervision is carried out by internal control apparatus. The results of supervision are: no errors; there are administrative errors; or there are administrative errors with a financial loss to the state.

Research paper thumbnail of Pengawasan Penangkapan Ikan di Zona Ekonomi Eksklusif Indonesia dalam Membangun Poros Maritim Indonesia

Jurnal Wacana Hukum, Jul 12, 2019

Indonesia is a maritime country that has an abundance of marine natural resources, especially fis... more Indonesia is a maritime country that has an abundance of marine natural resources, especially fisheries resources. The wealth of Indonesian fisheries resources should be managed in such a way as to be able to provide benefits for the greatest prosperity of the people (in accordance with the mandate of the 1945 Constitution). Normatively, Law Number 31 Year 2004 which has changed with Law Number 45 of 2009 concerning Fisheries, has been regulated regarding the management of fisheries in Chapter XII Article 66-70. The urgency of supervision in the fisheries sector is intended so that all regulations can be implemented in accordance with what has been determined. But in reality there are so many deviations in the aspects of management and protection of fisheries resources especially in the fishing process. Crimes and violations that occur such as Illegal, Unreported, and Unregulated Fishing activities result in very large material losses reaching Rp.101,040 trillion / year. In addition to material losses, Indonesia also suffered other losses in the form of invaluable environmental damage to violations of sovereignty limits.

Research paper thumbnail of Constitutional Religious Tolerance in Realizing the Protection of Human Rights in Indonesia

Journal of Human Rights, Culture and Legal System

Tolerance in the dynamic of Indonesian society and socio-cultural diversity is necessary. It is c... more Tolerance in the dynamic of Indonesian society and socio-cultural diversity is necessary. It is crucial to examine constitutional regulations as the highest fundamental law. The government has issued various regulations, but the critical question is whether these regulations protect religious freedom. This study aims to figure out how the law of religious tolerance ruled in the Constitution of the Republic of Indonesia/ Undang-Undang Dasar Negara Republik Indonesia Tahun 1945. This research is a type of normative research by describing, analyzing, and describing the constitutional arrangement of religious tolerance as a form of protection of human rights in Indonesia. The approach used is legal by tracing all relevant laws and regulations. The data collection technique used in this study is a library research technique, which is a data collection technique by reviewing journals, rules, regulations, and other related materials related to the law of religious tolerance in Indonesia. T...

Research paper thumbnail of Bureaucratic and Political Collaboration Towards a Good Governance System

This research aims to know how is the synergy of bureaucracy and politics in realizing good gove... more This research aims to know how is the synergy of bureaucracy and politics in realizing good governance. More specifically, what are the factors that influence the relationship between bureaucracy and politics in realizing good governance system. This study used a qualitative approach which is give description about the issues. The data collection technique used is literature study by examining and analyzing relevant literature such as books, journal articles, laws and regulations focusing bureaucracy, politics, and good governance systems. The results of the research showed that the synergy between bureaucracy and politics is absolutely necessary to realize good governance system. In addition, factors that affects relationships between them are aspect of authority/ power, human resources, and recruitment system. Bureaucracy and politics must be placed in the same stage to prevent superiority between bureaucracy and politics. A balanced relationship can be transformed into juridical...

Research paper thumbnail of The Fundamental Rights to Freedom of Expression and Its Limits in the Indonesian Constitution

Proceedings of the 2nd Borobudur International Symposium on Humanities and Social Sciences, BIS-HSS 2020, 18 November 2020, Magelang, Central Java, Indonesia

Research paper thumbnail of Problematika Pemilihan Kepala Daerah Calon Tunggal Dalam Demokrasi Indonesia

Pena Justisia: Media Komunikasi dan Kajian Hukum

This study aims to explain the arrangements for a single candidate regional head election and how... more This study aims to explain the arrangements for a single candidate regional head election and how people's sovereignty is channeled into the democratic process of regional head elections. This type of research is a descriptive normative juridical study. The data used are secondary data in the form of primary legal materials and secondary legal materials obtained through literature study. The results showed that the regulation of regional head elections with only 1 (one) pair of candidates began with the issuance of the Constitutional Court decision Number 100 / PUU-XIII / 2015 which was subsequently followed by the issuance of General Election Commission Regulation Number 14 of 2015 and Law Number 10 of 2016. Whereas the people are the determinants of government administration power through the regional head election process so that the people as the main activator of the wheel of democracy should not be hindered in choosing candidates for regional head leaders even though there...

Research paper thumbnail of Implementation and Supervision of Official Discretion in Local Government of Republic of Indonesia

Al Daulah : Jurnal Hukum Pidana dan Ketatanegaraan, Dec 30, 2019

Discretion is particularly vulnerable to the misuse of authority by officials which could lead to... more Discretion is particularly vulnerable to the misuse of authority by officials which could lead to collusion, corruption and nepotism and made the administration of government no longer aims for public's benefit and interest but for the advantage of a few and conflict interest of corrupt people. Therefore, the clear procedures related to the implementation for supervision of the discretion, especially on local government in the the Republic of Indonesia.This study aims to provide a more in depth understanding of the issues of implementation and supervision of discretion of government officials. The form of legal research used in this study is juridical-normative research. Juridical-normative legal research consists of research on principles, systematics, and legal synchronization. This study also based on laws and regulations related to the implementation and supervision of discretion by officials. This study shows that every official of the state administration in performing their duties shall be based on legitimate authority, which is provided by laws and regulations. Governance should be based on law (wet matigheid van bestuur=legality principle= le rincile de la egalite de'l administration). The supervision of the discretion of government officials is prohibited to the abuse of authority. Government Officials are prohibited from misusing authority. Supervision is carried out by internal control apparatus. The results of supervision are: no errors; there are administrative errors; or there are administrative errors with a financial loss to the state.

Research paper thumbnail of Pengawasan Penangkapan Ikan di Zona Ekonomi Eksklusif Indonesia dalam Membangun Poros Maritim Indonesia

Jurnal Wacana Hukum, Jul 12, 2019

Indonesia is a maritime country that has an abundance of marine natural resources, especially fis... more Indonesia is a maritime country that has an abundance of marine natural resources, especially fisheries resources. The wealth of Indonesian fisheries resources should be managed in such a way as to be able to provide benefits for the greatest prosperity of the people (in accordance with the mandate of the 1945 Constitution). Normatively, Law Number 31 Year 2004 which has changed with Law Number 45 of 2009 concerning Fisheries, has been regulated regarding the management of fisheries in Chapter XII Article 66-70. The urgency of supervision in the fisheries sector is intended so that all regulations can be implemented in accordance with what has been determined. But in reality there are so many deviations in the aspects of management and protection of fisheries resources especially in the fishing process. Crimes and violations that occur such as Illegal, Unreported, and Unregulated Fishing activities result in very large material losses reaching Rp.101,040 trillion / year. In addition to material losses, Indonesia also suffered other losses in the form of invaluable environmental damage to violations of sovereignty limits.