SAMI Law Review

Optimalisasi Mediasi pada Sengketa Proses Pemilihan Umum di Bawaslu

Uci Sanusi — 2025-03-01

This article explores practices of alternative dispute resolution (mediation) of the elction process dispute in Bawaslu. The course of mediation so far must receive special attention. So that dispute resolution at the adjudication stage can be reduced. Within that framework, this paper will also try to present ideas that can be used by Bawaslu, so that mediation runs optimally. To examine this, the research uses normative legal research, secondary data consisting of primary and secondary legal materials, supported by conceptual approaches, legislation, and comparison. The study results show that the mediation process at Bawaslu is too short a time. Typically, the mediator is not authorized to be actively involved in resolving the dispute process, such as providing alternative solutions if both parties reach an impasse. So that the mediation process is not optimal. Therefore, to prevent this from happening again, several solutions or steps can be taken: first, increase the time of the mediation process; second, the involvement of national arbitration bodies; third, the active role of mediators.

Pokok-Pokok Haluan Negara: Sebagai Dasar Pengujian Undang-Undang?

Miftah Faried Hadinatha — 2025-03-01

The MPR study succeeded in formulating three choices of legal forms from the direction of the state: placed directly in the constitution, MPR decrees, and laws. Among the three alternatives, pouring the country's direction into the MPR decree is the strongest. To strengthen this idea, the idea of a constitutional judiciary emerged to test laws based on fundamental law and the provisions of the MPR. Based on this idea, this paper asks: first, what is the concept of the state direction and its development in Indonesia? Second, can the constitutional court make the MPR decree containing the direction of the state as a touchstone for testing the law? The study will be answered using a legal, historical, and conceptual approach, and the analysis will be carried out in a normative juridical manner. The study results show that PPHN has the same tendency as GBHN, namely increasing the authority of the MPR to realize a systematic and integrated development direction plan. The difference is that if GBHN is only for the President, PPHN is intended for all state institutions. Second, the constitutional court is not designed to test laws based on the Tap MPR, but only the constitution. Therefore, it is a wrong step if there is an idea to add a touchstone for testing laws based on the MPR Tap for the constitutional court.

Pembagian Harta Waris Sebelum Meninggal: Kompatibilitas Prinsip Hukum Islam?

Israt Damiarto — 2025-03-01

Distributing inheritance in the Duri area, Enrekang Regency, South Sulawesi, is unique because it is carried out when the property owner is still alive to avoid conflicts between heirs later. In fact, according to Islamic legal norms, the distribution of inheritance should be carried out when the owner of the property has passed away. This study aims to analyze the compatibility of the inheritance distribution tradition of the Duri people with Islamic inheritance law. This research includes normative-empirical legal research, with qualitative data collection methods and Islamic law analysis of the practice of inheritance distribution. This study found that distributing assets to the Duri community was carried out with grants and wills. The implementation is by donating and bequeathing property. At the same time, the parents are still alive, such as donating property to children who are married first or bequeathing a portion of the property for each child to be carried out when the parents have died. This practice is then compatible with Islamic Law, and some are not.

Penetapan Peraturan Pemerintah Pengganti Undang-Undang masa Covid-19 dalam Kajian Hukum Tata Negara Darurat

Mohammad Risky S — 2025-03-01

After the Corona Virus Disease 2019 (COVID-19) was designated as a pandemic, Indonesia responded by issuing PERPU No. 1 of 2020 and PERPU No. 2 of 2020. With the President's issuance of two a quo PERPU, the article wants to know the extent to which the PERPU is correlated with the COVID-19 pandemic situation from the perspective of the Emergency Constitutional Law. Using normative legal research, conclusions can be drawn, namely, first, the mechanism for the formation of PERPU in the perspective of emergency constitutional law, namely, PERPU needs to be determined in conjunction with or at the same time as the statement of the state of danger by the President. Second, the President should have initially designated the COVID-19 pandemic as a state of danger by Article 12 of the 1945 Constitution. Therefore, if the President designates the COVID-19 pandemic as dangerous, the President can also issue a PERPU based on the Emergency Constitutional Law (Article 12 Jo. Article 22 of the 1945 Constitution).

Perluasan Kategori Informasi Publik Terbuka Terbatas (Studi Putusan PTUN Serang Nomor 21/G/KI/2019/PTUN.SRG)

Irfan Ardyan Nusanto — 2025-03-07

This article will analyze the Decision of the State Administrative Court, in this case, the Decision of the Serang State Administrative Court Number 21/G/KI/2019/PTUN. SRG. The a quo ruling has legitimized restrictions on access to information for the general public. Normatively, these restrictions are given freely. In addition, this article will first question the regulations on public information. Second, how is the Decision of the Serang PTUN Number 21/G/KI/2019/PTUN. SRG is reviewed from the aspect of legal certainty. The results of the analysis show that first, Indonesian law regulates 2 (two) categories of public information, namely public information that is open and accessible and public information that is excluded that is confidential and cannot be accessed. Second, the judge considered that the nature of limited open public information is the application of the principle of maximum access limited exemption, which is a restriction on maximum disclosure with limited exceptions with the consideration that the information is not included in the excluded information and the information applicant has relevance and interest in the information requested.