Papers by Andi Muhammad Asrun
Kanun Jurnal Ilmu Hukum, Dec 1, 2015
It is undeniable that the presence of the non-career justices has been filled with intellectual t... more It is undeniable that the presence of the non-career justices has been filled with intellectual treasures in the decisions of the Supreme Court. Their capabilities of legal knowledge have strengthened Supreme Court verdicts in the past. That's one side of the presence of the non-career justices. However, the situation today have changed over the presence of the non-career justices. Candidate of non-career justice from universities have been questioned theirworking capability and understanding on procedural law. Justices from university admitted that they need time to learn to read files quickly and practice making a decision. The exercise takes about three to six months. The problem really should not be happening when the non-career justices have had legal practice experience such as a lawyer or as a legal consultant or as "off-councel" at alaw firm.
Hukum dan Pembangunan, Apr 29, 1999
Ipembahasanmasalah monopoli dikaitkan dengan demokrasi ekonomi yang diper~kenalkan ISEI dapat dib... more Ipembahasanmasalah monopoli dikaitkan dengan demokrasi ekonomi yang diper~kenalkan ISEI dapat dibaca lebih lengkap dalam sumbangan pernikiran organisasi Uti berjudul "Penjaharan Demokrasi Ekonomi,," Jakarta/ 15 Agustus 1990. 2Butir (5) Penjabaran Demokrasi Ekonomi-antaralain berbunyi: "Dalam Oemokrasi Ekon~rni cabang produksi yang penting bagi negara dan menguasai hajat hidup orang banyak dikuasai oleh negara. Bumi dan air dan kekayaan alam yang terkandlU1g di dalamnya dikuasai oleh negara dan dipergunakan untuk sebesar-besarnya kemakmuran rakyat. Penguasaan oleh negara dapat dilakukan melalui peraturan penmdang-undangan, rnelalui kebijaksanaan, dan dilakukan dengan pengahuan, pemilikan langsung dan pengusahaan oleh Pemerintah ... " 3Lihat Simulasi Undang-undang Persaingan Ekonomi (SUU PE) dan Tempatnya di dalam
Turkish Online Journal of Qualitative Inquiry, Jul 1, 2021
International Journal of Multicultural and Multireligious Understanding, Jul 8, 2020
Efforts setting human rights have become a crucial topic to the discussion of drafting the 1945 C... more Efforts setting human rights have become a crucial topic to the discussion of drafting the 1945 Constitution, which boiled down to the idea of entering or not entering human rights into the constitution, arguing respectively that their rules of rights in the constitution would give legal certainty on the other argument the state was bound to protect the rights of citizens. This nation later showed the country often violate the rights of citizens in the form of active measures and the form of laws and regulations that reduce rights of the citizens. On the fact that the amendment of the 1945 Constitution then enter the setting for the rights of citizens in more detail, by also providing the mechanism of "judicial review" as a means to avoid any legislation contrary to human rights.
Kanun (Banda Aceh), Aug 29, 2019
This study aims to answer the compatibility between the Aceh Qanun and the system of legislation ... more This study aims to answer the compatibility between the Aceh Qanun and the system of legislation by identifying the position of qanun in the system and the authority of the institution in the rights to materially verify qanun as a legal product. This study uses a juridical-formal method through a literature review of the laws and regulations to describe the suitability of the Aceh qanun in the statutory system. This study found that the Aceh Qanun relating to the administration of government and relating to the implementation of Islamic law, its position is considered the same as local regulations in general in the perspective of Law No. 12/2011 on the Formation of Legislation. The juridical argument that states that the qanun is in line with this regional regulation is reinforced by the Republic of Indonesia Minister of Home Affairs Regulation No. 53/2011 on the Establishment of Regional Legal Products. However, the right to examine the cancellation of qanun in the implementation of Islamic Shari'a, it can only be examined and canceled through a judicial review by the Supreme Court as stipulated in Article 235 paragraph (4) of Law Number 11/2006.
International Journal of Professional Business Review, Feb 16, 2023
The purpose of this study is to present some ethical issues facing the Indonesian judiciary by ex... more The purpose of this study is to present some ethical issues facing the Indonesian judiciary by exploring the usefulness of judicial codes of ethics. The ethical crisis of judges occurred at a time when judicial independence was strong post the amendment of the 1945 Constitution. The judicial crises triggered uncertainty and pessimism about judicial accountability Theoretical framework: Legal literature states that fair, honest, and impartial legal processes cannot be separated from that of an independent judiciary [Shugermann, 2010: 1061]. The independence and impartiality of the court as one of the ten minimum conditions for creating a constitutional society. Design/methodology/approach: In this study, the author conducted normative legal research. This method helps examine the juridical standards contained in laws and court decisions. Furthermore, library research was conducted to obtain data from primary, secondary, and tertiary legal materials. Findings: Despite the judiciary gaining strong independence following the amendments of the 1945 Constitution in 2001-2002, unfortunately, the judiciary suffers from an accountability crisis, as seen through the arrests of several judges for bribery. Research, Practical & Social implications: We hope that this research can bring awareness and increase adherence to the code of ethics of the judicial profession. Originality/value: It is hoped that the ideas and issues raised in this paper will help the judiciary recognize the importance of developing, maintaining, and, most importantly, honouring a code of ethics in keeping with the ethical obligations of the judicial office.
International Journal of Multicultural and Multireligious Understanding, Jul 8, 2020
The influence of authoritarian government power in Indonesia on the exercise of independent judic... more The influence of authoritarian government power in Indonesia on the exercise of independent judicial power occurs from the judicial process to the financial, organizational, and administrative arrangements of judicial power. All executive influence on the judiciary must be seen in order to hinder the exercise of independent judicial power. The influence of government power on judicial independence since the Guided Democracy era under President Sukarno until the era of the New Order Government under President Suharto. Both era of authoritarian government worked hard to place judicial power under executive power both through the regulation of the law and intervention in the judicial process.
Jurnal Cita Hukum, Jun 22, 2016
Human rights on the one hand by the concept of natural law is an inherent right of every individu... more Human rights on the one hand by the concept of natural law is an inherent right of every individual human being since birth, but on the other hand the legality of human rights must be shaped by the flow of positivism. The debate over whether human rights should be stipulated in the constitution also influence the discussion of the UUD 1945. Finally, the UUD 1945 amendments regulate the basic rights of citizens more fully starts from the premise that human rights protection is an important element in the concept of a constitutional state. Incorporated therein also setting mechanism of "judicial review" in the Constitutional Court as a means to avoid any legislation contrary to the fundamental rights of citizens as guaranteed in the constitution.
Journal of Law and Sustainable Development
Objective: This research study examines the legal underpinnings, the institutional framework of t... more Objective: This research study examines the legal underpinnings, the institutional framework of the electoral laws, and the jurisprudence developed by the Constitutional Court of Indonesia in resolving electoral disputes. The study aimed to investigate whether the dispute resolution mechanisms in our electoral system are rigid, costly, and inefficient and serve to hinder justice by emphasizing technicalities at the expense of substantive justice. The evidentiary process is essential in excavating facts and searching for truth in trials. The burden of proof is carried by the plaintiff to prove the legality of his or her suit. Theoretical Framework: Evidentiary law in the settlement of electoral cases in the Constitutional Court uses a model of legal processes in civil law. Evidentiary law is applied to facilitate the speedy settlement of cases and consider the evidence of the parties to the dispute. Method: The research approach method used in this research is legal normative res...
Children learn to engage with nature when they have access to play various kind of outdoor activi... more Children learn to engage with nature when they have access to play various kind of outdoor activities. This enhances the growth for their development, which has a significant impact on children’s quality of life. Through children’s drawing the possibility to express their moods, feeling and idea on aesthetic sense has little attention. Hence this study to explore the character of the development pattern of children’s expressive drawings especially in shapes, according to their age, as well as portraying awareness in the natural environment that focuses on the farming activities.Through a participatory approach, this research was conducted in a rural setting in Laman Tamara, Kuala Pilah, Negeri Sembilan, Malaysia. The study examined on 20 middle childhood children, aged 7 to 12, from an urban school. As part of the farming programme, the children need to identify the landscape elements surround them before they interpret into their drawings. Their responses were analyzed through two ...
Russian Law Journal
The history of the Indonesian judiciary includes elements of irony. During authoritarian rule und... more The history of the Indonesian judiciary includes elements of irony. During authoritarian rule under Sukarno's era (1959–1966) and Suharto's era (1966–1998), judges put up long struggles to gain judicial independence. However, after amendments to the 1945 Constitution in 2001–2002, when the judiciary gained independence, the judiciary’s reputation became marred with high-profile corruption cases and ethical violations. Therefore, this study uses normative legal research methods. The researchers found that the history of the Indonesian judiciary evolved from a crisis of independence in the authoritarian era to a crisis of accountability in the era of democratic transition. The two authoritarian governments limited the judiciary’s independence through legal provisions. Unfortunately, despite the positive developments from gaining judicial independence, the Indonesian judiciary suffers from an accountability crisis, as seen through the arrests of several judges for bribery. This...
International Journal of Professional Business Review
Purpose: The purpose of this study is to present some ethical issues facing the Indonesian judic... more Purpose: The purpose of this study is to present some ethical issues facing the Indonesian judiciary by exploring the usefulness of judicial codes of ethics. The ethical crisis of judges occurred at a time when judicial independence was strong post the amendment of the 1945 Constitution. The judicial crises triggered uncertainty and pessimism about judicial accountability Theoretical framework: Legal literature states that fair, honest, and impartial legal processes cannot be separated from that of an independent judiciary [Shugermann, 2010: 1061]. The independence and impartiality of the court as one of the ten minimum conditions for creating a constitutional society. Design/methodology/approach: In this study, the author conducted normative legal research. This method helps examine the juridical standards contained in laws and court decisions. Furthermore, library research was conducted to obtain data from primary, secondary, and tertiary legal materials. Findings: D...
Turkish Online Journal of Qualitative Inquiry, Jul 1, 2021
Kanun: Jurnal Ilmu Hukum, 2015
ABSTRAK: Tidak dapat dipungkiri bahwa kehadiran Hakim Agung Non-karir telah mengisi khazanah inte... more ABSTRAK: Tidak dapat dipungkiri bahwa kehadiran Hakim Agung Non-karir telah mengisi khazanah intelektual dalam putusan-putusan Mahkamah Agung. Kapabilitas pengetahuan hukum telah memperkuat sisi teoritik putusan-putusan Mahkamah Agung. Itu satu sisi kehadiran Hakim Agung Non-karir. Pada sisi lain muncul juga gugatan terhadap Hakim Agung terutama dari jalur perguruan tinggi. Akademisi ini dipertanyakan kemampuan dan pemahaman terhada hukum acara. Ada juga pengakuan Hakim Agung asal perguruan tinggi ini bahwa mereka memerlukan waktu untuk belajar membaca berkas secara cepat (speed reading) dan berlatih membuat putusan. Latihan itu membutuhkan waktu sekitar 6 bulan. Masalah itu sesungguhnya tidak perlu terjadi manakala calon Hakim Agung jalur akademisi memiliki pengalaman beracara sebagai advokat ataupun pengalaman non-litigasi sebagai konsultan hukum atau sebagai "off-councel" pada Kantor Advokat atau Firma Hukum. Non-Carreer Supreme Court Judges Recruitment as Independence...
The management of medical waste is part of environmental sanitation activities in the hospital wh... more The management of medical waste is part of environmental sanitation activities in the hospital which aims to protect the public from the dangers of environmental pollution that originate from hospital waste and efforts to prevent the spread of disease. Each type of medical waste has its own way of handling it. If not carried out with appropriate procedures, the consequences will have a more severe impact. Waste or medical waste is the result of waste from a medical activity. This medical waste contains various kinds of medical waste which is dangerous to human health if not treated properly, and storage becomes the last choice if the waste cannot be directly processed. Medical waste is mostly contaminated with bacteria, viruses, poisons and radioactive materials that are harmful to humans and other creatures around their environment. The negative impact of medical waste on the community and its environment occurs due to poor management. The impact that occurs from medical waste can ...
International Journal of Multicultural and Multireligious Understanding, 2020
Efforts setting human rights have become a crucial topic to the discussion of drafting the 1945 C... more Efforts setting human rights have become a crucial topic to the discussion of drafting the 1945 Constitution, which boiled down to the idea of entering or not entering human rights into the constitution, arguing respectively that their rules of rights in the constitution would give legal certainty on the other argument the state was bound to protect the rights of citizens. This nation later showed the country often violate the rights of citizens in the form of active measures and the form of laws and regulations that reduce rights of the citizens. On the fact that the amendment of the 1945 Constitution then enter the setting for the rights of citizens in more detail, by also providing the mechanism of “judicial review” as a means to avoid any legislation contrary to human rights.
International Journal of Multicultural and Multireligious Understanding, 2020
The influence of authoritarian government power in Indonesia on the exercise of independent judic... more The influence of authoritarian government power in Indonesia on the exercise of independent judicial power occurs from the judicial process to the financial, organizational, and administrative arrangements of judicial power. All executive influence on the judiciary must be seen in order to hinder the exercise of independent judicial power. The influence of government power on judicial independence since the Guided Democracy era under President Sukarno until the era of the New Order Government under President Suharto. Both era of authoritarian government worked hard to place judicial power under executive power both through the regulation of the law and intervention in the judicial process.
The Journal of Contemporary Issues in Business and Government, 2021
The Implementation of direct local elections was a correction of the local elections with a syste... more The Implementation of direct local elections was a correction of the local elections with a system of direct appointment by the central government in Jakarta during the era of the 32-years New Order government led by President Suharto. In the Suharto era, regional head candidates submitted without a vice head of the region and should be one name. Such conditions as described above was due to the undemoractic political system. Local elections immediately after the Suharto government is part of the development of a democratic political system. Democratic political participation will bear a truly participatory political system and political stability. However, it is undeniable that the electoral system sometimes was colored with money politics, non-neutrality of election organizers and local officials and all forms of intidimation against other participants. In the past, the Constitutional Court has several times to disqualify the winner of the election for fraudulent practices systema...
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Papers by Andi Muhammad Asrun