STAATSRECHT Indonesian Constitutional Law Journal
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Published By Lp2m Universitas Islam Negeri (Uin) Syarif Hidayatullah Jakarta

2549-0923, 2549-0915

Author(s):  
M Syaiful Azhar ◽  
Mufidah Mufidah

The legislative function of the DPRD has not run smoothly, in some areas it is still experiencing various difficulties. Many Local Regulation Draft Initiatives (Raperda) come from the Regional Government as an executive agency. Meanwhile, the institution that enforces the aspirations of the community, the DPRD provides a lot of participation in the determination of the Perda. The purpose of the research is to study the implementation of the legislative function of the DPRD in Bogor City in 2013-2018. This research uses a qualitative method with literature approach. Data sources used in this study consisted of primary, secondary and tertiary legal materials, policy considerations of the political elite in this case the Bogor City Council, books, journal of legal. The results of the research are the legislative function carried out by the Bogor City DPRD in accordance with Law Number 23 of 2014 concerning Regional Government, which wrongly performs the legislative function that can capture the aspirations of the people in Bogor City, by receiving reports or complaints from the people of Bogor City the problem of dissatisfaction of a service. Although in its implementation is still not optimal because there are still obstacles in legislation.


Author(s):  
Ricko Anas Extrada ◽  
Kamarusdiana Kamarusdiana

This study aims to analyze the dichotomy of the implementation of privatization of water resources by the private sector that occurs in Indonesia and the responsibility for managing water resources by the state in terms of human rights principles. In accordance with the mandate of the constitution which is affirmed in Article 33 paragraph (3) that "Earth and water and natural resources contained therein are controlled by the state and used for the greatest prosperity of the people." This research uses normative legal research methods, while the approach used in this study is a statutory approach and library research methods as well as a conceptual approach that will be harmonized with statutory provisions. The results of this study indicate that the state has the responsibility in managing water resources in accordance with the mandate of the constitution to guarantee, protect and fulfill human rights to water. Water management by the private sector (water privatization) which is monopolistic, exclusive and materialistic is not in accordance with the spirit of the constitution and the basis of the Indonesian state. Moreover, based on the decision of the Constitutional Court which annulled the Water Resources Law, it obliges that the management of water resources be carried out by the state in order to realize social welfare.


Author(s):  
Suwito Suwito ◽  
Siti Ngainnur Rohmah

Democracy is still a topic that is often discussed. The number of supporters of democracy is greater than those who reject democracy. Because in the principle of democracy is a system that builds and is able to make differences in ethnicity, religion, and thinking, in the same direction, without distinguishing factors and identities as dividers. This is what society aspires to.


Author(s):  
Muhammad Al-Fatih ◽  
Mujar Ibnu Syarif ◽  
Abdul Qodir

This study aims to determine the background of the filing of the Constitutional Court case lawsuit Number 30 / PUU-XVI / 2018 and understand the influence of the Constitutional Court decision Number 30 / PUU-XVI / 2018 on the Institutional Council of Regional Representatives. The research method used in this research is juridical normative with a statutory approach, a historical approach, and a conceptual approach obtained from data collection techniques through literature study through the statutory regulatory approach that refers to the 1945 Constitution, the Law, and the Constitutional Court Decisions. related to the theme of the discussion. The results of the study show that the background for filing a lawsuit against the Constitutional Court Decision Number 30 / PUU-XVI / 2018 is that there is no clear meaning to the phrase “other work” in Article 182 letter I of the Election Law that has provided space for political party functionaries as candidate members DPD. In addition to the impact of the decision of the Constitutional Court Number 30 / PUU-XVI / 2018 is the issuance of the Final List of Candidates (DCT) for DPD candidates issued by the General Elections Commission (KPU) as a follow-up to implementing the Constitutional Court Decision in which the KPU has crossed out the candidates. DPD members who still serve as functionaries of political parties.


Author(s):  
Athari Farhani ◽  
Ahmad Yulianto

Through state-owned equipment, the police are empowered to issue a Police Clearance Certificate (SKCK). However SKCK cannot label someone if someone is evil or not. Whereas written legal norms are characterized by legal certainty, in other words, law without certainty values will lose its meaning because it can no longer be used as a code of conduct for everyone. By reviewing references or literature related to criminal acts, prevention of crime, legal certainty and authority. SKCK is a preventive action carried out by the police institution as the State institution that has the authority over security and order. The responsibility for crime prevention is carried out by the National Police and the public by carrying out pre-emptive and preventive tasks, namely making community members obey and obey the law. Polri is responsible for approximately 20% of activities while 80% of other activities are the responsibility of the community which consists of various elements. The most important thing is that the label of criminal  not criminal is the authority of the court. So that SKCK is not based on crime prevention but is based on the concept of labeling.


Author(s):  
Nurul Komariah ◽  
Muhammad Romadhoni Nur Matori Ridwan ◽  
Alivia Vabesta ◽  
Ginanjar Damayanti ◽  
Siti Nariyah

Guarantee the rights of every citizen for violations of constitutional rights by seeking to increase the authority of the Judicial Review Request by every justice seeker for violations of constitutional rights, but not at least the petition was granted.  The Mahkarnah of the Constitution, which checks what the petition is made of, often considers that what the Judicial Review proposes is not the subject of acknowledgment.  Constitutional Court Judges considered it to be a Constitutional complaint in which this constitutional complaint was not part of the Court's authority in accordance with the Constitution of the Republic of Indonesia and the applicable Law on the Understanding of the Constitution.  As a legislative body, the DPR is the one who has the right to change the Constitutional Court Law by including the authority of Constitutional complaint to the Constitutional Court. In this paper the author uses a research method in the form of quality data analysis with secondary sources of literature and deductive logic analysis.  Consitional Complaint to the Constitutional Court.


Author(s):  
Patkur Rohman ◽  
Abdur Rahim

AbstractThe performance of village office staffs that still has many weakness related to the recruitment which was based on the family relation and not based on professionalism and also there were many public service that did not run well and smoothly. Islam rules this life based on Al-Qur’an and Hadith and it has good management in regulating the government by prioritizing the education of aqidah Islamiyah as the base of organizing the country and nurturing the noble attitude and behavior. The researcher was interested and encouraged to study and investigate the discipline of village office staffs especially at Gantar Village The aims of this research are to find out how is the discipline of village officestaffs in running their daily duties and how is the discipline implementation of village office staffs according to The Law Number 6 in 2014. This research employed analytical descriptive research by describing the discipline practice applied by the village chief of Gantar as the person in charge of the village government. The results of this research, it is found out that the work discipline expected by the government through The Law Number 6 in 2014 for each staff of village office at Gantar Village is less maximal. This was proven by the village office staff who did not obey the work hours either when it supposed to be started or when it supposed to go home, even the performance is still very poor. The control of the village chief as the executif officer at the village is not maximal yet. There are still some village office staffs that are not active for three months but still free of any reprimand letter, sanction until firing based on the suggestion from BPD (The Board of Village Representative) and The Law Number 6 in 2014. This condition is complained by most of the villagers because they need good public service. Keywords: Discipline, Village office Staffs, Islamic Law, The Law Number 6 in 2014AbstrakKinerja Aparatur ditingkat desa masih banyak terdapat kekurangan terkait dengan rekrutment yang didasari dengan orang-orang dekat bukan karena profesionalitas, dan masih banyaknya pelayanan publik yang seharusnya dilayani oleh aparatur desa belum berjalan dengan lancar. Islam mengatur tata kehidupan dengan landasan al-Quran dan Hadist, Islam mempunyai manjemen yang baik dalam mengatur pemerintahan dengan mengedepankan pendidikan aqidah Islamiyah sebagai dasar bernegara, pembinaan ahlaq dan penjelasan secara teratur. Penulis tertarik dan terdorong untuk mengkaji dan meneliti tentang Implementasi  Disiplin Aparatur Desa, khususnya yang berada di Desa Gantar, bagaimana disiplin aparatur desa dalam mejalankan tugas setiap harinya. Bagaimana  implementasi disiplin aparatur desa menurut UU No.6 Tahun 2014.  Penelitian ini mengunakan metode deskriptif analitik dengan cara menggambarkan praktek disiplin yang diterapkan oleh kepala Desa Gantar selaku penanggungjawab Pemerinatahan desa. Hasil penelitian ini diketahui bahwa disiplin kerja yang telah dicanangkan oleh pemerintah melalui UU No. 6 Tahun 2014 bagi setiap aparatur desa gantar kurang maksimal hasilnya. Hal ini terbukti masih adanya Aparat Desa yang tidak mengindahkan jam kerja baik sewaktu mulai kerja maupun jam pulang, bahkan kinerjanya masih tumpang tindih.  Kontrol kepala desa sebagai Pejabat eksekutif di desa belum maksimal. Masih terdapat beberapa aparat desa yang tidak aktif selama 3 bulan tapi belum mendapatkan surat teguran, sanksi hingga pemecatan sesuai dengan saran dari BPD (Badan Pengawas Desa) dan UU No.6 Tahun 2014. Kondisi ini dikeluhkan oleh sebagian warga yang perlu pelayanan publik.Kata kunci: Disiplin, Aparatur desa, Hukum Islam, UU No. 6 Tahun 2014 


Author(s):  
Maspero Situngkir

Abstract:Human Resources is a very important factor and a driving force in an organization. Without qualified human beings who are capable of being the activator, an organization cannot run properly and it will even stop. To produce every product, creative and innovative people are needed. Behind the production of every product or service are human thoughts, efforts and human hours of work. The research method used in this research is a qualitative method with a literature approach. The data obtained were sourced from literature reviews, both from scientific journals and books. The result of the research states that Human Resources is an important thing in the government apparatus and must always be repaired and addressed.Keywords: Human Resources, Government Apparatus, Republic of Indonesia.   


Author(s):  
Taryono Taryono ◽  
RR Dewi Anggraeni ◽  
Nur Rohim Yunus ◽  
Annissa Rezki

Perubahan dan perkembangan dalam setiap instansi baik dari sektor Pemerintahan maupun swasta mengalami perubahan atau pembaharuan tentu tidak bisa dihindari lagi. Bagaimana cara mengoptimalkan agar perubahan tersebut tidak begitu mengagetkan pihak-pihak instansi tertentu juga bukanlah hal yang mudah. Dalam hal ini tentu juga membutuhkan kebijakan-kebijakan dalam sebuah organisasi agar semua kepentingan umum semua pihak bisa teroptimalkan.


Author(s):  
Ari Rio Pambudi, Fahmi Azis, Zidni Ilma Muhammad

PeneIitian ini bertujuan untuk meneIiti eksistensi impIementasi Hukum adat pada praktik di peradiIan  dan KompiIasi hukum adat yang andiI daIam upaya pembentukan RUU KUHP yang memperIuas dasar sanksi pidananya kedaIam suatu ranah hukum adat yang mana berpotensi adanya permasaIahan dan perseIisihan daIam pembentukkannya dikarenakan harus ada pencocokan dan keseIarasan dengan hukum adat yang dapat di terima oIeh masyarakat di Indonesia.


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