Fitra Arsil

University of Indonesia, Faculty of Law, Faculty Member

Followers

395

Following

257

Co-authors

Mentions

Public Views

Head of Constitutional Law Department Facullty of Law Universitas Indonesia

less

Interests

Uploads

Papers by Fitra Arsil

Regulasi IKN Fitra Arsil

Download

Wakil Rakyat Era Informasi

Download

State Defense Rights in Indonesia S Constitution

Allied Business Academies, 2021

This paper discusses the uniqueness of the Indonesian constitution, which places defense of the s... more This paper discusses the uniqueness of the Indonesian constitution, which places defense of the state not only as an obligation but also as a right of citizens. This conception raises questions; why is it essential to put the right to state defense in the constitution? This paper finds three things; first, the history of the formation of the Indonesian national army after colonialism became the starting point for ensuring that the militias could join as national affairs. Second, the construction of rights and obligations means that every citizen cannot be discriminated against in the country&#39;s development efforts. Third, the state has a constitutional obligation to provide the distribution of rights to citizens to defend the state. Using the historical-juridical-normative method, this paper provides a legal review of the right to defend the state from the point of view of constitutional law in Indonesia.

The authority of the Indonesian power holder related to the state of emergency in terms of the law on states of emergency

Advancing Rule of Law in a Global Context, 2020

Indonesia is a country that is prone to a state of emergency. Therefore, the existing legal instr... more Indonesia is a country that is prone to a state of emergency. Therefore, the existing legal instruments must be sufficient to overcome this situation. However, the power granted to the executive power holder when the state is in exception is often followed by arbitrary actions. This article describes and reviews the arbitrary actions allowed the executive power holder in order to overcome the exception from time to time and classifies the State of Emergency theory adopted from each period of the arrangement. This article also compares the constitutional arrangement in Indonesia regarding the state of emergency with the constitution in other countries. Finally, this study finds that the authority of the executive power holder related to Indonesia’s current state of emergency covers areas related to people, places, goods, freedom of expression, communication, transportation, and legislation. The study described in this article concluded that the authority arrangement of the executive power holder in Indonesia is currently leaning toward Carl Schmitt’s State of Emergency theory, and the constitutional arrangement in Indonesia does not follow the trend of other countries.

Decree of the People’s Consultative Assembly as the legal basis in the lawmaking process (analysis of the Decree of the People’s Consultative Assembly of the Republic of Indonesia No. XVI/MPR/1998 on the Political Economy in terms of Economic Democracy)

This article discusses the validity of the Decree of the People’s Consultative Assembly (Tap MPR)... more This article discusses the validity of the Decree of the People’s Consultative Assembly (Tap MPR) as the legal basis in the lawmaking process. Before the amendment of the 1945 Constitution, Tap MPR bound the legislature so that it was commonly used as the legal basis in the lawmaking process. After the amendment, only Tap MPR No. XVI-MPR-1998 on Political Economy in terms of Economic Democracy was used as the legal basis. This is because Law No. 12 of 2011 does not mention its position exactly as the legal basis, even though Article 7 puts Tap MPR as a type and in hierarchy of legislation and Figure 41 of Appendix II determines that the legal basis of legislation must be at the same level or higher. Of more than 54 Tap MPRs used as the legal basis of 228 laws from 1961 until 2014, several are still valid, including Tap MPR on Economic Democracy. Tap MPR as a further elaboration of a constitutional mandate should be used as a legal basis in the lawmaking process formally as well as in direction setting for law materially so that development policies are in line with the state purpose outlined in the Constitution. This article, based on normative juridical research, focuses on the research literature to examine and analyse the principles of the law, legal systematics, and synchronization of law. Data were analysed using descriptive qualitative methods in order to obtain the certain understanding of which Tap MPR can be used as a legal basis in the lawmaking process

The role of ulama, adat and government institutions as the stability factors of the Minangkabau system of government

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

Menggagas Pembatasan Pembentukan Dan Materi Muatan Perppu: Studi Perbandingan Pengaturan Dan Penggunaan Perppu DI Negara-Negara Presidensial

Jurnal Hukum & Pembangunan, 2018

Download

The Idea of Higher Education as a Citizen's Constitutional Right: A Comparative Study

by qurrata ayuni and Fitra Arsil

Proceedings of the First Lekantara Annual Conference on Public Administration, Literature, Social Sciences, Humanities, and Education, LePALISSHE 2021, August 3, 2021, Malang, Indonesia, 2022

The construction in the Indonesian Constitution requires primary education as a constitutional ri... more The construction in the Indonesian Constitution requires primary education as a constitutional right for citizens. This clause can be found in Article 31 of the 1945 Constitution, which states that ''every citizen is obliged to attend basic education and the government is obliged to finance it''. However, the comparative study in this paper finds that many other countries affirm the obligation of higher education as a citizen's right. Formulation regarding higher education in the world's Constitution is interesting for two reasons; First, there is a state priority in human resource development through higher education. Second, there is a constitutional awareness to place higher education as an inherent constitutional right for citizens. Using a normative juridical method with a comparative approach, this paper finds that at least 22 countries include higher education clauses in their constitutions. This indicates the progressivity of legal politics in favor of the progress of education in respective countries.

Download

Acceleration for disasters: Evaluation of the disaster management act in Indonesia

IOP Conference Series: Earth and Environmental Science

This paper discusses disaster law evaluation in Indonesia after enacting Law Number 24 of 2007 co... more This paper discusses disaster law evaluation in Indonesia after enacting Law Number 24 of 2007 concerning Disaster Management (Disaster Management Act). Several issues, such as the affirmation of the central and regional government’s authority, the role of Disaster Management Agency, and the accountability of emergency funds, are noteworthy to reform the Disaster Management Act in Indonesia. The methodology is legal, library-based research focusing mainly on primary and secondary sources. This paper argues that the amendment to the Disaster Management Act’s urgency is crucial to respond to some accelerations after a decade of the Disaster Management Act. Completing the Disaster Management Act is expected to be a comprehensive legal umbrella in guaranteeing citizens’ constitutional rights and duty when a disaster is in Indonesia.

Stabilitas Sistem Presidensial Indonesia Melalui Pemilihan Umum Serentak dan Presidential Threshold

Peran Mahkamah Konstitusi Dalam Penyelesaian Sengketa Pemilu 2009

The Constitutional Court has played a major and decisive role in the last election in 2009. Major... more The Constitutional Court has played a major and decisive role in the last election in 2009. Major role has even begun long before the general election phase began to be implemented and the end of the election stage is also determined by the role of the Constitutional Court. Role of the Constitutional Court is not limited to law enforcement types contained in the Act governing the elections, namely the dispute over the result but much bigger than that. Interestingly, in performing its role the Court has issued decisions controversy that has never previously encountered, even the decision of the Court authority also intersecting with other judicial institutions. But on the other side is also found in guarantees of citizens rights and minimal protection can actually be done by the Constitutional Court. Election 2009 also suggests that institutions like the Constitutional Court that can act as a determinant of a very delicate political process that could drag the politicization of this ...

The authority of the Indonesian power holder related to the state of emergency in terms of the law on states of emergency

by Fitra Arsil and qurrata ayuni

The role of ulama, adat and government institutions as the stability factors of the Minangkabau system of government

by ryan muthiara Wasti and Fitra Arsil

Advancing Rule of Law in a Global Context, 2020

STATE DEFENSE RIGHTS IN INDONESIA'S CONSTITUTION

Journal of Legal, Ethical and Regulatory Issues, 2021

This paper discusses the uniqueness of the Indonesian constitution, which places defense of the s... more This paper discusses the uniqueness of the Indonesian constitution, which places defense of the state not only as an obligation but also as a right of citizens. This conception raises questions; why is it essential to put the right to state defense in the constitution? This paper finds three things; first, the history of the formation of the Indonesian national army after colonialism became the starting point for ensuring that the militias could join as national affairs. Second, the construction of rights and obligations means that every citizen cannot be discriminated against in the country's development efforts. Third, the state has a constitutional obligation to provide the distribution of rights to citizens to defend the state. Using the historical-juridical-normative method, this paper provides a legal review of the right to defend the state from the point of view of constitutional law in Indonesia.

Download

Law Making Activities during Lame Duck Sessions in Indonesia (1997–2020)

by Fitra Arsil and ryan muthiara Wasti

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.

Impeachment, Hukum atau Politik

Download

Impeachment, antara Perlindungan dan Ancaman

Download

Public Participation and Implementation of the Representative Function of the Indonesian Parliament during the Enforcement of the Covid-19 Pandemic Emergency

2nd International Conference on Universal Wellbeing 12 December 2020 At: Jakarta, 2021

When the Covid 19 pandemic hit the world and there was a state of emergency in various countries,... more When the Covid 19 pandemic hit the world and there was a state of emergency in various countries, the parliament also responded so that they could continue to work. Various adjustments and simplifications of meeting and decision-making mechanisms were made. The House of Representatives of Indonesia issued a new regulatory regulation to accommodate the virtual meeting mechanism and the use of information technology in meetings and decision making. Armed with these new rules and regulations during the 2020 pandemic emergency, the House of Representatives of Indonesia carried out its functions such as forming laws, supervising, and forming the state budget. However, the interesting fact that appears is that House of Representatives of Indonesia's products have a low level of public participation and a reduced representation function. Information technology and virtual meetings have not been able to facilitate the quality and quantity of the implementation of democratic procedures in the House of Representatives of Indonesia.

Download

Pemilu Serentak dan Presidential Threshold Oleh: Fitra Arsil

Berbeda dengan sistem parlementer, pemilihan umum dalam sistem presidensial dilakukan dua kali (d... more

Download

Handling of Covid-19 as a Non-Natural Disaster in Indonesia

by qurrata ayuni and Fitra Arsil

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

This paper analyzes how Indonesia is handling the global Covid-19 pandemic. This paper focuses ... more This paper analyzes how Indonesia is handling the global Covid-19 pandemic. This paper focuses on the Indonesian Government's decision to determine the Covid-19 pandemic as a non-natural national disaster. It addresses the questions: is the determination of the status of a non-natural national disaster effectively used in handling Covid-19 in Indonesia? to answer this question, this paper employed juridical normative by exploring the regulations and institutional approaches the pandemic. This paper indicates four points- first, there is a need to strengthen institutions and policies. Second, there is a need to clarify policies both in material and formal terms. Third, there are needs to be a centralization of policy implementers. Fourth, it is necessary to strengthen checks and balances from other branches of power. This paper is essential as part of the evaluation and lessons learned to handle Covid-19 better to produce optimal policies during emergencies

Download

Regulasi IKN Fitra Arsil

Download

Wakil Rakyat Era Informasi

Download

State Defense Rights in Indonesia S Constitution

Allied Business Academies, 2021

The authority of the Indonesian power holder related to the state of emergency in terms of the law on states of emergency

Advancing Rule of Law in a Global Context, 2020

The role of ulama, adat and government institutions as the stability factors of the Minangkabau system of government

Menggagas Pembatasan Pembentukan Dan Materi Muatan Perppu: Studi Perbandingan Pengaturan Dan Penggunaan Perppu DI Negara-Negara Presidensial

Jurnal Hukum & Pembangunan, 2018

Download

The Idea of Higher Education as a Citizen's Constitutional Right: A Comparative Study

by qurrata ayuni and Fitra Arsil

Proceedings of the First Lekantara Annual Conference on Public Administration, Literature, Social Sciences, Humanities, and Education, LePALISSHE 2021, August 3, 2021, Malang, Indonesia, 2022

Download

Acceleration for disasters: Evaluation of the disaster management act in Indonesia

IOP Conference Series: Earth and Environmental Science

Stabilitas Sistem Presidensial Indonesia Melalui Pemilihan Umum Serentak dan Presidential Threshold

Peran Mahkamah Konstitusi Dalam Penyelesaian Sengketa Pemilu 2009

The authority of the Indonesian power holder related to the state of emergency in terms of the law on states of emergency

by Fitra Arsil and qurrata ayuni

The role of ulama, adat and government institutions as the stability factors of the Minangkabau system of government

by ryan muthiara Wasti and Fitra Arsil

Advancing Rule of Law in a Global Context, 2020

STATE DEFENSE RIGHTS IN INDONESIA'S CONSTITUTION

Journal of Legal, Ethical and Regulatory Issues, 2021

This paper discusses the uniqueness of the Indonesian constitution, which places defense of the s... more This paper discusses the uniqueness of the Indonesian constitution, which places defense of the state not only as an obligation but also as a right of citizens. This conception raises questions; why is it essential to put the right to state defense in the constitution? This paper finds three things; first, the history of the formation of the Indonesian national army after colonialism became the starting point for ensuring that the militias could join as national affairs. Second, the construction of rights and obligations means that every citizen cannot be discriminated against in the country's development efforts. Third, the state has a constitutional obligation to provide the distribution of rights to citizens to defend the state. Using the historical-juridical-normative method, this paper provides a legal review of the right to defend the state from the point of view of constitutional law in Indonesia.

Download

Law Making Activities during Lame Duck Sessions in Indonesia (1997–2020)

by Fitra Arsil and ryan muthiara Wasti

Parliamentary Affairs, 2021

Impeachment, Hukum atau Politik

Download

Impeachment, antara Perlindungan dan Ancaman

Download

Public Participation and Implementation of the Representative Function of the Indonesian Parliament during the Enforcement of the Covid-19 Pandemic Emergency

2nd International Conference on Universal Wellbeing 12 December 2020 At: Jakarta, 2021

Download

Pemilu Serentak dan Presidential Threshold Oleh: Fitra Arsil

Berbeda dengan sistem parlementer, pemilihan umum dalam sistem presidensial dilakukan dua kali (d... more

Download

Handling of Covid-19 as a Non-Natural Disaster in Indonesia

by qurrata ayuni and Fitra Arsil

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

Download

Advancing Rule of Law in a Global Context, 2020

A Normative Analysis of the Limitation of Human Rights: Assessing the Constitutionality of Press Freedom in Indonesia

by N. Arsyafira, Fitra Arsil, and ryan muthiara Wasti

Challenges of Law and Governance in Indonesia in the Disruptive Era II, 2021

Saling Kontribusi Antar Sistem Pemerintahan: Kajian Perbandingan Konstitusi Negara-Negara Bersistem Parlementer dan Presidensial (Mengambil Inspirasi Jimly Asshiddiqie dalam Kajian Hukum Tata Negara

Salah satu kontribusi besar Prof. Dr. Jimly Asshiddiqie, S.H. dalam kajian hukum tata negara adal... more Salah satu kontribusi besar Prof. Dr. Jimly Asshiddiqie, S.H. dalam kajian hukum tata negara adalah komitmen beliau untuk berkarya dan mendorong lahirnya kajiankajian hukum tata negara dengan pendekatan perbandingan hukum (comparative law), khususnya perbandingan konstitusi. Kajian perbandingan yang dilakukan beliau dan yang juga diharapkan dilakukan oleh para pengkaji hukum tata negara mensyaratkan bahwa konstitusi-konstitusi negara yang menjadi objek kajian harus terdiri dari banyak negara. Kajian perbandingan yang ada selama ini dianggap kurang kontribusinya bagi ilmu hukum tata negara karena hanya melakukan perbandingan antara dua atau tiga negara. Kajian perbandingan dengan melibatkan banyak negara ini dilakukan Asshiddiqie dalam banyak karyanya. Penulisan disertasinya pada tahun 1993 juga melakukan perbandingan hukum terhadap banyak negara. Disertasi tersebut kemudian dibukukan dengan judul "Gagasan Kedaulatan Rakyat dalam Konstitusi dan Pelaksanaannya di Indonesia: Pergeseran Keseimbangan antara Individualisme dan Kolektivisme dalam Kebijakan Demokrasi Politik dan Demokrasi Ekonomi Selama Tiga Masa Demokrasi, 1945-1980-an". 2 Diantara kajian lain yang dapat disebutkan sebagai karya beliau yang cukup komprehensif dengan pendekatan

Download

PARLEMEN, KOALISI DAN INSTABILITAS SISTEM PRESIDENSIAL: KASUS PRESIDEN COLLOR DE MELLO DI BRAZIL

In book: Meretas Khazanah Ilmu Hukum: Antologi 7 Dasawarsa Jufrina Rizal, Publisher: Rajawali Pers, 2021

Karakter sistem presidensial yang memisahkan kekuasaan eksekutif dan legislatif (mutual independe... more Karakter sistem presidensial yang memisahkan kekuasaan eksekutif dan legislatif (mutual independence) dalam prakteknya memiliki potensi instabilitas yang cukup tinggi. Kerjasama politik antara eksekutif dan legislatif seperti koalisi memiliki insentif kecil bahkan dapat mendorong pemegang kekuasaan eksekutif untuk menjalankan kekuasaannya tanpa melibatkan parlemen. Penggunaan kekuasaan presiden di bidang legislatif (president's legislative power) menjadi tinggi karena presiden ingin melakukan by pass terhadap parlemen dalam pembentukan kebijakan. Kasus Presiden Collor de Mello menjadi contoh yang menarik terhadap fenomena di atas. Sistem presidensial dengan fragmentasi kepartaian yang tinggi telah membuat jebakan instabilitas. Namun Brazil juga cepat mengambil pelajaran dan melakukan berbagai antisipasi baik secara kultur maupun antisipasi konstitusional.

Download

Fitra Arsil

Uploads

Papers by Fitra Arsil

Log In