Faculty of Law Universitas Airlangga is one of Indonesia’s best legal higher education institutions. The institution has nurtured professional judges from various study programs, particularly in the Doctoral Study Program in Law. To be awarded a Ph.D.,  the Ph.D. candidate has to compile a dissertation and defend it at Doctoral Thesis Defense. 

On Monday, October 10, 2022, FH UNAIR and examiner in the Doctoral Thesis Defense was Prof. Dr. H. Mohammad Mahfud MD., S.H., S.U., M.I.P. as one of the best constitutional law experts in Indonesia. He is also currently serving as the Coordinating Minister for Political, Legal, and Security Affairs of the Republic of Indonesia in the Indonesia Forward Cabinet for 2019–2024.

Iman Prihandono chaired the Doctoral Thesis Defense, S.H., M.H., LL.M., Ph.D. as the Dean of the Faculty of Law, Universitas Airlangga, and was also attended by Prof. Dr. Bayu Dwi Anggono, S.H., M.H. as the Dean of the Faculty of Law, University of Jember.

The Ph.D. candidate was Adam Muhshi, S.H., S.AP., M.H., who works as one of the lecturers at the Faculty of Law, University of Jember tried to defend his dissertation entitled “Principles of Presumtio Iustae Causa in the Enforcement of Legislation”. According to him, the principle of presumptio iustae causa was often misunderstood.  The principle was considered a guarantee of the legitimacy of the authority’s actions. The competent authority has not canceled it, regardless of the content. His dissertation then attempted to examine the principle of presumptio iustae causa in the enforcement of laws and regulations. He believes that the doctrine of presumptio iustae causa must be interpreted within the framework of the legal ideal, namely justice. In addition to applying to products of government authority in the form of regulations (regeling) and decisions (beschikking), this principle should also apply to products of legislators, namely laws. In addition, he also revealed that internal and external boundaries function as fences or become signs using the presumptio iustae causa so as not to injure justice.

Some questions were also submitted by Prof. Dr. H. Mohammad Mahfud MD., S.H., S.U., M.I.P. as an external examiner. At first, he asked about the difference between the principle of presumptio iustae causa and the principle of presumption of innocence. The Ph.D. candidate replied that the difference between the two includes the applicability of the scope of the law. Furthermore, Mahfud MD then asked about the relationship between the principle of presumptio iustae causa and the principle of lex posterior derogat legi priori. The Ph.D. candidate answered that the lex posterior derogat legi priori is part of the principle of presumptio iustae causa. It did not stop there, the next question was then raised regarding the differences in the applicability of the presumptio iustae causa and the principle of legality in the judiciary context. Prof. Mahfud MD then explained that the principle of presumptio iustae causa means that its validity is canceled when the judge decides. In contrast, the principle of legality only applies when someone is found guilty by the judge. In fact, according to him, presumption is always needed to reveal something factual.

In closing, the Dean of the Faculty of Law, Universitas Airlangga, who also acted as chairman of the session, expressed his gratitude. “This morning, we are grateful and honored by the presence of Prof. Mahfud MD, in this Doctoral Thesis Defense. Congratulations to our new doctor and Prof. Dr. Bayu Dwi Anggono, S.H., M.H. because one more teaching staff achieved the highest academic degree. Hopefully, it can strengthen the Faculty of Law, University of Jember, in research, community service, and the development of legal science in the future. The Faculty of Law at the University of Jember is like a brother to us at the Faculty of Law, Universitas Airlangga, and we support each other,” he said.