Papers by ryan muthiara Wasti
Advances in social science, education and humanities research, Dec 31, 2022
Ajudikasi : Jurnal Ilmu Hukum
Article 22A of the 1945 Constitution of the Republic of Indonesia mandates the establishment of a... more Article 22A of the 1945 Constitution of the Republic of Indonesia mandates the establishment of a rule regarding the law-making process, which serves as a guideline for the law-making process from its inception until the regulation is enacted to the public. However, in its implementation, problems are still related to the law-making process in Indonesia. This normative research uses a statutory and conceptual approach that specifically looks at "over regulated" or "legal obesity” to analyze the legal politics of the formation of laws and regulations after the second amendment of Law Number 12 of 2011 concerning the Establishment of Laws and Regulations. In this context, there is an overlap between one law and another, which creates sectoral egos and results in legal uncertainty in its application. One of the causes of this legal obesity is the lack of regularity in the law-making process. In this case, legislators do not always refer to the guidelines for the law-maki...
Parliamentary Affairs, 2021
This study described that phenomenon in the law-making process in Indonesia by displaying the dat... more This study described that phenomenon in the law-making process in Indonesia by displaying the data on the behaviours or issuance of laws during lame duck sessions from 1997 to 2020. Compared with that of regular sessions, laws issued during the lame duck sessions significantly looked more productive but they did not comply with the mandate of laws desiring that each bill was supposed to be discussed in three sessions at the longest. In terms of the materials regulated in Laws, many lawmakers took advantage of a lame duck session to pass any laws in favour of the state officials that often generated public rejection and had shifted its participatory role through a judicial review at the Constitutional Court. Empirical tests of the law’s response to economic growth using econometrics analysis also indicate that current laws have a negative impact on the economy. House of the Representatives (DPR) and the President had actually understood the logic that a lame duck session was not such...
Jurnal Hukum & Pembangunan, 2018
In the composition of the Indonesian constitution, DPD becomes a representative institution that ... more In the composition of the Indonesian constitution, DPD becomes a representative institution that has the duty to accommodate regional interests in political decisions. Its very important existence was not accompanied by the spirit of strict regulation in the legislation in Indonesia. This can be seen from the position and function of DPD which is weaker than the DPR. Law Number 17 of 2014 on the Composition, Status and Functions of the MPR, DPR, DPD and DPRD, which are the latest changes to the previous Susduk law, have not been able to address the need for more significant arrangements on the functions of DPD representatives themselves. This study uses normative legal methods and is carried out qualitatively (research qualitative) by analyzing legislation and other legal literature to explain the importance and significance of representative function of DPD towards the sustainability of regional progress in Indonesia.
Arena Hukum
The adat governance of Minangkabau has adopted the democratic principles long before the 1945 Con... more The adat governance of Minangkabau has adopted the democratic principles long before the 1945 Constitution of the Republic of Indonesia has such principles. This was due to the character of Minangkabau society and its culture which are inherited from their ancestors in Minangkabau society. This paper examines how forms of democratic practice in Minangkabau are related to democratic theory and the division of power. This normative legal research is supported by conducting interviews with some prominent adat figures in the Minangkabau society. In conclusion, it shows that the democratic principles in Nagari can exist until now because of the influence of adat figures. The adat figures preserve and combine such principles with religious norms as their indigenous values to be the main reference to run the Nagari.
The Journal of Legislative Studies, Sep 8, 2022
Advancing Rule of Law in a Global Context, 2020
Each system of government has its own instability potential. The relation between distinct power ... more Each system of government has its own instability potential. The relation between distinct power institutions in the concept of separation of powers does not always result in a harmony of relationships. Instead, it often results in a confrontational way. One approach to overcome the instability of government is to create a conducive institutional formulation of the state in the formation of government and decision-making process. This research sees the phenomenon occurring in Minangkabau adat administration. The concept of separation of powers within Minangkabau adat administration can be traced from the existence of adat institutions, government and ulama in the government structure and the decision-making mechanisms ranging from king level to subordinate government at nagari and tribal levels. The relations of these three institutions formed a distinctive system of government that proved to produce stability at every level of government. This study compares the reality of adat rules in Minangkabau with the theory of separation of powers and the concept of stability contained in various government systems. This paper answers these relationships through normative legal research with historical and comparative approaches
The existence of adat (customary law) in Indonesia becomes a source of value for the survival of ... more The existence of adat (customary law) in Indonesia becomes a source of value for the survival of the nation. Each region in Indonesia has different adat that can be used as a reference for the form of governmental system in Indonesia. The 1945 Constitution has recognized the existence of adat government that consisting of various forms of adat that have been adopted long before the 1945 Constitution existed. The existence of adat cannot be separated from national and Islamic values. This research was conducted to find out form of adat institution in Aceh and how the integration of such adat governance in local government system based into national law. Thus, to achieve the objectives, this study was conducted by normative juridical research method with historical approach and comparison with other indigenous peoples in Indonesia.
Each system of government has its own instability potential. The relation between distinct power ... more Each system of government has its own instability potential. The relation between distinct power institutions in the concept of separation of powers does not always result in a harmony of relationships. Instead, it often results in a confrontational way. One approach to overcome the instability of government is to create a conducive institutional formulation of the state in the formation of government and decision-making process. This research sees the phenomenon occurring in Minangkabau adat administration. The concept of separation of powers within Minangkabau adat administration can be traced from the existence of adat institutions, government and ulama in the government structure and the decision-making mechanisms ranging from king level to subordinate government at nagari and tribal levels. The relations of these three institutions formed a distinctive system of government that proved to produce stability at every level of government. This study compares the reality of adat rules in Minangkabau with the theory of separation of powers and the concept of stability contained in various government systems. This paper answers these relationships through normative legal research with historical and comparative approaches
Parliamentary Affairs, 2021
This study described that phenomenon in the law-making process in Indonesia by displaying the dat... more This study described that phenomenon in the law-making process in Indonesia by displaying the data on the behaviours or issuance of laws during lame duck sessions from 1997 to 2020. Compared with that of regular sessions, laws issued during the lame duck sessions significantly looked more productive but they did not comply with the mandate of laws desiring that each bill was supposed to be discussed in three sessions at the longest. In terms of the materials regulated in Laws, many lawmakers took advantage of a lame duck session to pass any laws in favour of the state officials that often generated public rejection and had shifted its participatory role through a judicial review at the Constitutional Court. Empirical tests of the law’s response to economic growth using econometrics analysis also indicate that current laws have a negative impact on the economy. House of the Representatives (DPR) and the President had actually understood the logic that a lame duck session was not such a right time to make a law; however, making a law during a lame duck session was not prohibited and there were no such clear rulings restricting the making of a law during this session.
Jurnal Hukum & Pembangunan, 2016
Pemerintahan Soeharto menjadi sebuah tema menarik bagi hampir setiap penelitian karena keunikan d... more Pemerintahan Soeharto menjadi sebuah tema menarik bagi hampir setiap penelitian karena keunikan dari pemerintahannya yang dikenal dengan sifat otoriter. Namun, keunikan tersebut hanya diteliti hingga akibat dari otoriternya yang telah menimbulkan kegerahan dari hampir seluruh rakyat dan akhirnya berujung pada berhentinya Soeharto sebagai kepala Negara Indonesia. Padahal dilihat dari kacamata hukum, transisi politik pada masa tersebut tidak hanya berpengaruh secara politik, tetapi juga secara hukum sehingga dapat dibedakan antara pemerintahan yang otoriter dan pemerintahan yang demokratis. Penelitian ini akan membahas permasalahan tersebut yang dibagi atas dua yaitu bagian pertama yang akan melihat konfigurasi politik yang terjadi di Indonesia pada masa transisi dari pemerintahan Soekarno menuju pemerintahan Soeharto, serta bagian kedua yang akan menganalisis bentuk produk hukum yang dibentuk dari konfigurasi politik yang dibangun setelah masa transisi tersebut dibandingkan dengan pr...
Books by ryan muthiara Wasti
Challenges of Law and Governance in Indonesia in the Disruptive Era II, 2021
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Papers by ryan muthiara Wasti
Books by ryan muthiara Wasti