Aan eko Widiarto

Aan eko Widiarto
University of Brawijaya · Department of Jurisprudence/Law Science

Doctor of Philosophy

About

35
Publications
8,128
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94
Citations
Introduction
Research and teaching on Legislative Drafting
Skills and Expertise

Publications

Publications (35)
Article
The two issues raised in this study are the selection mechanism for constitutional judges nominated by the House of Representative (DPR) and the correlation between the selection of constitutional judges nominated by the DPR and the position of the judge in the decision to review the law. This research analizes the position of the constitutional ju...
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This research aims to analyze the impact of regulatory changes on the handling of discretionary authority within the State Administrative Court (PTUN) in Indonesia. Specifically, it examines how the legal status of discretion as an object of dispute has evolved following the enactment of Law No. 6 of 2023, which amended the Job Creation Perppu. The...
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One of the difficult situations in government occurs due to the double vacancy of the President and Vice President offices. The country’s constitution must navigate this vacuum by providing for an Interim President to temporarily lead the government until a new President and Vice President are elected. In the constitutions of various countries, the...
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The interim president anticipates the vacancy of the office of president and vice president; Indonesia calls it ‘pelaksana tugas kepresidenan’, which is filled by the minister of home affairs, foreign affairs, and minister of defense. This article explores the two actors (bureaucrats and legitimacy) who become interim presidents in the constitution...
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The success and sustainability of the implementation of Islamic Shari'a in Aceh is not only the burden of local law enforcement agencies such as Wilayatul Hisbah, the Syar'iyah Court and the Islamic Shari'a Office, law enforcement agencies on a national scale are also involved such as the Indonesian National Police through the Aceh Regional Police...
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The research relevance is determined by the diverse constitutional approaches adopted by countries worldwide to address the critical issue of succession in the event of concurrent vacancies in the positions of President and Vice President. The study aims to correctly determine the appropriate acting presidency during extraordinary situations to ens...
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Introduction to The Problem: Delegated legislation in Indonesia is a new type of legislation that should be interpreted and ruled carefully. However, nowadays, the Indonesian legal system has no fixed term for delegated legislation and no hierarchy on it. Furthermore, as many as 57.677regulations at the level of Ministries, Agencies and State Insti...
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Land is not only defined as an object of ownership by certain community groups, especially indigenous communities. Land has intrinsic value inherent in the way of life and culture, thus affecting the quality of life. This article examines the potential implications of the land acquisiton process in the prospected Nusantara Capital in regards to the...
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Delegated legislation are a necessity in a democratic rule of law like Indonesia. Unfortunately, Article 8 paragraph (1) of Law Number 12 of 2011 concerning the Establishment of Laws and Regulations j.o Law Number 13 of 2022 concerning the Second Amendment to Law Number 12 of 2011 concerning the Establishment of Laws and Regulations has not mention...
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Based on Presidential Regulation Number 18 of 2020 concerning National Mid-Term Development Plan 2020-2024 junto Presidential Regulation Number 63 of 2020 concerning Stipulation of Disadvantaged Regions 2020-2024, stated that currently, 62 districts have the status as disadvantaged regions. Referring to data from the Central Statistics Agency, it i...
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Omnibus law arrangements are progressing. However, the technique of drafting laws through an omnibus law is not simple. In Indonesia, Article 64 of Law Number 13 of 2022 does not fully regulate the omnibus method which can cause legal uncertainty. Normative legal research with statutory, comparative, and conceptual approaches is the choice in this...
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The constitutional interpretation of the regulation of State-Owned Enterprises (BUMN) is still looking for the right method, BUMN as the embodiment of the constitution for the state's responsibility in managing strategic resources that are used as wide as possible for the prosperity of the people. Submission of a judicial review to the Constitution...
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Omnibus law is a method of forming laws. The use of the omnibus law is often problematic from a democratic aspect. Omnibus law arrangements in Indonesia have been legalized through Law Number 13 of 2022, but it remains a problem regarding participation as a pillar of democracy. Therefore, the concept of comparison is needed for further refinement....
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The aim of this study is to investigate the similarities between political parties and corporations as legal entities, and to determine whether political parties are recognized as subjects of criminal law. The study uses the normative research method, specifically a statutory approach, to examine relevant laws and regulations. The findings suggest...
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As the holder of power in the administration of government based on the constitution, the president has set a new policy, namely regarding the mechanism for granting presidential approval to draft regulations of ministers or heads of institutions. With the birth of this arrangement, every policy of ministers or heads of institutions with certain cr...
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The government is authorized to carry out agricultural water management in the village. This agricultural water management aims to ensure that water needs are well fulfilled and sustainable for the welfare of village communities. In this case, the Yosowilangun Lor Village Government, Yosowilangun District, Lumajang Regency, seeks to maintain sustai...
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This paper aims to study the construction of an appropriate legal basis for a state of law in responding to the Covid-19 emergency. As a state of law, Indonesia has been making many regulations at both central and local government levels. The regulations vary, ranging from Government Regulations in Lieu of Law, Ministerial Regulations, Ministerial...
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This study examines the Legal Implications of using Ministerial Instruction Instruments as the Legal Basis for the Implementation of Restrictions on Community Activities During the Covid-19 Pandemic. As is known that during this pandemic, the Government made many instruments in the form of Ministerial Instructions to respond to the transmission of...
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In order to achieve the goal of a welfare state, a law is needed as the legal basis for the state. One of the fundamental laws in democracy is that it is the people themselves who must form laws to achieve common goods. The purpose of this research is the role of community participation in the process of law making in the context of a democratic so...
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After the first amendment to the 1945 Constitution, there was a shift in power to form laws from the President to the DPR. The power of the DPR to form laws is shared with the President because each bill is discussed jointly by the DPR and the President for mutual approval. The joint approval of the DPR and the President is the binding point for th...
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This article aims to analyze the legal implications of regulating the authority of the Regional Representative Council of the Republic of Indonesia (DPD RI) in supervising the draft regional regulations and regional regulations in Indonesia. This is based on the existence of a conflict of norms in Article 249 paragraph (1) letter j of Law Number 2...
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Post Constitutional Court's decision regarding the 'executory power' of fiduciary guarantees which changed the rules of the execution of fiduciary guarantees, for those who are in debtor positions, the Constitutional Court's decision may be a solution to the problem of constitutional rights. However, for financing business actors as creditors, the...
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Temples has become one of the main tourism destinations in which a lot of people look for spiritual fulfilment. However, there are many weaknessess on protection and management of temples in Malang Raya that do not consider spirituality, ethics and sustainable tourism aspects. The paper aims to construct integrated law regarding protection and mana...
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The Constitutional Court of Indonesia has held the followers of the indigenous religion (the Penghayat) can have their own religious identity on their identity card (ID) in 2016. The 1945 Constitution of Indonesia mentions a non-discriminatory principle which has been applied by the Constitutional Court to this case. However, the implementation of...
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The function of the Indonesian Constitutional Court as the guardian of the constitution is mainly conducted through the judicial review authority. Since 2003 to April 2021, the Constitutional Court has received and decided 1392 petitions over judicial review. In its dictums, the Constitutional Court often declares conditionally constitutional or co...
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p> This article will study whether original intent method able to find justice in constitution and formulate constitutional interpretation that will able to perform constitutional supremacy. This study uses a doctrinal approach or also referred to as the normative legal approach. The method taken in this writing is analysis descriptive which descri...
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The purpose of this paper is to analyze the Legis Ratio in the regulation of Ministerial Regulations in Article 8 of Law 12 of 2011 concerning Formation of Regulations and Regulations as amended by Law 15 of 2019 concerning Amendments to Law 12 of 2011 concerning Formation of Regulations. This research is normative legal research with a philosophic...
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Undang-Undang Dasar Negara Republik Indonesia 1945 (UUD 1945) Pasal 24C ayat (6) menentukan bahwa hukum acara serta ketentuan lainnya tentang Mahkamah Konstitusi diatur dengan undang-undang. Berdasarkan ketentuan tersebut jelas bahwa hukum cara Mahkamah Konstitusi diatur dengan undang-undang. Makna frasa "diatur dengan" menurut Undang-Undang Nomor...
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p>Halal cause is an essential element in Indonesian legal agreement. Its definition in the Article 1320 of Civil Code Procedure is unclearly elaborated leading to multi interpretations. There is even Judge’s interpretation in the language use that cause its invalidity only because Indonesian language is considered as a halal cause. This leads to un...
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The authority of judicial review of an Act by the Constitutional Court has a strategic position in strengthening the rule of law in Indonesia, which is one of the characteristics is the recognition and protection of human rights. The Constitutional Court in exercising judicial review authority has interpreted various provisions of the 1945 Constitu...
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Artikel ini berdasarkan hasil penelitian yang mengangkat permasalahan bagaimana pola penafsiran konstitusi putusan-putusan MK dalam perkara Pengujian Undang- Undang terhadap Undang-Undang Dasar. Sesuai dengan permasalahan yang diangkat, penelitian ini adalah penelitian doktrinal atau juga disebut sebagai penelitian normatif. Kesimpulan penelitian i...
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The Indonesian House of Representatives and the President has established the Act Num. 17 Year 2014 on MPR, DPR, DPD, and the DPRD (Act MD3). The Act consists provisions that have been declared incompatible with the Constitution 1945 and does not have binding legal force by the Constitutional Court Decision Num. 92/PUU-X/2012. The result is a duali...
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Interaction among fisherman in the activity of fishing is potential to result conflict. Factor of the conflict can be related to the area of fishing, equipments of fishing and attitudes. These kinds of conflict can be categorized as horizontal conflict. Besides, vertical conflict can also happen in the communty of fisherman. The conflicts happen am...
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Abstract Cooperative identity is at risk with the Act 17 of 2012 on Cooperatives, which relies on the values of capitalism. Capitalism is characterized through the economic activities and financial control by the efforts of large private properies in the sense of the individual and groups, profit oriented, the market economy competition dominant...
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AbstrakTulisan ini merupakan hasil kajian tim peneliti mengenai tanah penguasaan pemerintah kota dengan studi di Kota Malang, seperti halnya yang terjadi di eks atau bekas daerah Gemeente seperti: DKl, Bandung, Medan, Surabaya, Malang, Manado, Palembang, Makassar, Pasuruan, menunjukkan secara historis atau riwayat perolehan tanah penguasaan pemerin...

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