Constitutional Law Society

ENFORCEMENT OF NOTARY CODE OF ETHICS AGAINST PROMOTION VIOLATIONS THROUGH INTERNET MEDIA IN INDONESIA

Adhe Ismail Ananda — 2024-09-30

This study discusses the enforcement of the notary code of ethics against promotional violations through internet media in Indonesia. As a public official, Notary have a great responsibility in maintaining integrity and professionalism in carrying out their duties. However, in the current digital era, promotion through internet media is a complex issue due to the prohibition in the notary Code of ethics related to self-promotion. This study uses juridical-normative approach and descriptive-analytical approach to analyze the legal regulations and notary practices related to promotion in the internet media. The results showed that violation of this promotion ban may result in disciplinary sanctions from the notary Supervisory Board. However, the effectiveness of enforcing the code of conduct is still a matter of debate, with challenges in consistency and transparency in enforcing the rules. The importance of enforcing this code of ethics is not only as law enforcement, but also as a preventive effort to maintain the integrity of the notary profession and public trust. Thus, this study provides a more comprehensive understanding of the enforcement of the notary code of ethics against promotional violations through internet media in Indonesia.

THE INCREASING INCOME STRATEGY OF SUMBER AGUNG VILLAGE WEST PESIR DISTRICT THAT IMPACT ON COMMUNITY ECONOMY FROM THE PERSPECTIVE OF SIYASAH MALIYAH

Elma Apriyan — 2024-09-30

The enactment of Law Number 6 of 2014 concerning Villages and Law Number 23 of 2014 concerning Regional Government gives villages the right to regulate their regional affairs. In increasing the village's original income, the village government has the right and authority to widely utilize village wealth. Regarding village income sources, efforts to mobilize resources to develop the people's economic potential will increase people's productivity, so that the productivity of both human resources and natural resources around the people can be increased. In this research study, the formulation of the problem is how the strategy for increasing village original income has an impact on the community's economy and how siyāsah māliyah reviews this strategy. The aim of this research are to find out how the strategy of increasing village original income has an impact on the community's economy and how siyāsah māliyah views this strategy. The type of research used in this research is field research, where this research was carried out by interviewing staff at Sumber Agung Pekon, Ngambur District, Pesisir Barat Regency. Data analysis was carried out qualitatively, processing data analysis using descriptive analysis methods, namely discussions based on general thought patterns and then concluded in specific terms. The research results show that the strategy to increase village original income which has an impact on the community economy in the Sumber Agung area, Ngambur District, Pesisir Barat Regency is by establishing village-owned business entities, developing beach tourism, and also having village markets. The conclusion from the results of this research is that the strategy to increase village original income which has an impact on the economy of the community in the Ngambur area has made a contribution, although not much. Siyāsah māliyah's review of the increase in original village income which has an impact on the economy of the community in the Sumber Agung District of Ngambur is in accordance with the principle of benefit, namely prioritizing the interests of the people rather than the interests of the individual.

EQUAL STATUS BEFORE THE LAW BY INDIGENOUS PEOPLES IN ORDER TO IMPROVE THE QUALITY OF LIFE IN SOCIETY, NATION AND STATE

Doris Rahmat — 2024-09-30

The utilization of the Nagari Customary Court is actually important because it is needed by the customary law community. In fact, it is the customary law community that knows and understands the historical aspects and the ins and outs of the lineage, environment and local culture. Therefore, this research seeks to find an optimal model of utilization of the Nagari Customary Court. How is equal status before the law by indigenous peoples in order to improve the quality of life in society, nation and state. This research is a socio-legal research that uses a qualitative approach. The data used in the research are primary and secondary data. The data collection method is through literature study and interviews. Therefore, the articles of Pancasila that regulate equal rights and justice also apply to indigenous peoples, and must also be perceived through philosophical, juridical and sociological perspectives. Indigenous Peoples according to Jawahir Thontowi is a group of citizens who have genealogical ancestors in common, live in a place, have a common goal of living within the framework of values and norms, still enforce a binding Adat system, led by the head of Adat, coordinate the administration of power and the existence of dispute resolution institutions in the community.

THE ROLE OF VILLAGE APPARATUS IN DETERMINING RECIPIENTS OF THE FAMILY HOPE PROGRAM (PKH) ACCORDING TO MINISTER OF SOCIAL AFFAIRS REGULATION NO. 1/2018 FROM THE PERSPECTIVE OF SIYASAH TANFIDZIYAH

Rudi Santoso — 2024-09-30

Peraturan Menteri Sosial Nomor 1 Tahun 2018 Tentang Program Keluarga Harapan (PKH) merupakan program bantuan pemerintah berupa bantuan sosial bersyarat yang diperuntukan kepada keluarga miskin sebagai penerima manfaat PKH. Penerima manfaat PKH adalah masyarakat miskin dengan kriteria seperti ibu hamil/menyusui, keluarga miskin yang memiliki anak berusia 0 sampai 5 tahun 11 bulan, memiliki anak dalam masa belajar (SD sampai SMA sederajat), lansia serta penyandang disabilitas berat. Terbentuknya PKH merupakan upaya dalam mempercepat penanggulangan kemiskinan yang bertujuan untuk mengurangi angka dan memutus rantai kemiskinan. Kabupaten Ogan Komering Ulu Sumatera Selatan khususnya desa Bandar Agung Kecamatan Lubuk Batang, merupakan salah satu desa yang telah mengimplementasikan PKH sejak tahun 2014. Namun, bantuan PKH ini banyak menimbulkan berbagai macam kesenjangan sosial dalam masyarakat akibat bantuan PKH yang dirasa kurang tepat sasaran dan tidak merata sampai dengan dugaan adanya campur tangan aparatur desa dengan kepentingan pribadi sehingga banyaknya penerima manfaat PKH dari kalangan masyarakat yang dirasa kurang tepat. Tujuan dari penelitian ini adalah untuk mengetahui apakah masyarakat di Desa Bandar Agung adalah masyarakat yang memang layak mendapatkan bantuan tersebut sesuai dengan Pasal 4 Peraturan Menteri Sosial Nomor 1 Tahun 2018 serta untuk mengetahui bagaimana peran dari Aparatur Desa dalam menentukan batasan-batasan penerima PKH di Desa Bandar Agung di tinjau dari Siyasah Tanfidziyyah. Penelitian ini merupakan penelitian lapangan (Field-research), dan bersifat deskriptif analisis. Hasil penelitian menunjukan bahwa Peran Aparatur Desa dan Pengimplementasian Peraturan Menteri Sosial Nomor 1 Tahun 2018 Tentang Program Keluarga Harapan di Desa Bandar Agung masih kurang sesuai. Hal tersebut dikarenakan adanya kesenjangan sosial yang terjadi dikalangan masyarakat karena penentuan penerima manfaat PKH yang kurang tepat sasaran, disebabkan kurangnya koordinasi panitia PKH dengan aparatur desa yang kurang baik sehingga data yang didapat bukanlah data yang sesuai dengan kondisi ekonomi masyarakat saat ini.

TEN YEARS OF PRESIDENT JOKO WIDODO'S LEADERSHIP FORGING A DOMINANT NATIONAL LEGACY

Shofa Zulfikar Rizza — 2024-09-30

This article examines Joko Widodo's ten years in office in Indonesia with a focus on key policies and their impact on society. It begins with the need to understand the social and economic transformation that has taken place under Jokowi's administration, as well as the challenges faced by the country. Initially, Jokowi was known as a populist leader as he showed his simplicity in living his life. However, politics can take a different course. The presidential term in Indonesia lasts for five years in one term and can be re-elected for one more term. Based on Article 7 of the 1945 Constitution. This means that the leadership era of President Joko Widodo or familiarly known as Jokowi is coming to an end, because he has been in power for two periods or the equivalent of ten years. The issues raised include how the implemented policies contribute to economic growth, infrastructure, and social welfare, as well as the community's response to these policies. The purpose of this study is to analyze the impact of government policies and evaluate Jokowi's leadership performance in the political and social context. The results show that despite significant progress in infrastructure development and poverty reduction, there are still major challenges in terms of uneven development and human rights issues that need to be addressed to build a more inclusive future for Indonesia.

RECRUITMENT POLICY OF CIVIL SERVANT CANDIDATES OF THE MINISTRY OF EDUCATION, CULTURE, RESEARCH, AND TECHNOLOGY FOR DIASPORA APPLICANTS WITH INDONESIAN CITIZENSHIP

Nawangga Putra Pratama — 2024-09-30

In this study, researchers used the Yuridis-Normative legal research and writing methodology by using 3 (three) approaches, including conceptual approaches, statutory approaches, and comparative approaches. This research discusses the opportunities for Diaspora with Indonesian citizenship in the recruitment of Civil Servant Candidates for the Ministry of Education, Culture, Research and Technology. The legal issues raised in this research are as Diaspora with Indonesian citizenship are part of Indonesian citizens who are constitutionally valid so that their rights and obligations apply absolutely based on the 1945 Constitution of the Republic of Indonesia. The issues discussed are the recruitment mechanism to accommodate the participation of Indonesian Diaspora who apply in the general formation and the continuation of studies for Diaspora who have passed the CPNS recruitment. Moreover, in this case, the Diaspora is not regulated in general formations, but special formations.

A CRITICAL LEGAL STUDIES PARADIGM OF THE PRESIDENTIAL THRESHOLD ELECTORAL SYSTEM IN INDONESIA

Anfal Kurniawan — 2024-09-30

In the perspective of the Critical Legal Studies Paradigm, researchers do not have the intention to deliberately dismantle normative legal rules that are legally and constitutionally, but in this discourse the critical legal studies paradigm provides a lens that critical voices are voices that come from the people with a higher realm of awareness in view with the assumption of potential that will occur critically, involving the direction of thinking that tends to be deconstructive and very worthy of questioning. in this case the paradox that occurs between ontology and methodology or in simple language reality with normative methodological values itself, by separating political, sociological, historical, and ethical motives. In this case, the paradox that occurs between ontology and methodology or in simple language reality with normative methodological value itself, by separating political, sociological, historical, and ethical motives. in this study, researchers used a qualitative method based on the study of the normative rules of the 1945 Constitution. normatively in article 222 of Law Number 17 of 2017 concerning the election of the President and Vice President reads: The candidate pair is proposed by a political party or a coalition of political parties participating in the election that meets the requirements of obtaining at least 20% (twenty per cent) of the total seats in the DPR or obtaining 25% (twenty five per cent) of the national valid votes in the election of DPR members, before the implementation of the Presidential and Vice Presidential elections or the Presidential Threshold system if viewed deconstructively from the process of forming the rules of the Law or the legislature itself does not have a basic limiting framework of legal construction, With the pretext of strengthening the presidential system, the effectiveness of holding elections in an accountable manner, but ontologically or in reality this raises that the law is a political product is a reality and shows that political power is more dominant than the law itself, of course this is very paradoxical with the concept of a country that is considered democratic where political power should be subject to the law. In this foundation, something produced by the legal products of the legislature is worthy of criticism.

LOCAL GOVERNMENT ISSUES AFTER THE ENACTMENT OF LAW 11 OF 2020 ON JOB CREATION

Syahrial Arsyi Baihaqi — 2024-09-30

With the enactment of Law Number 23 of 2014 concerning Regional Government, it provides new regulations regarding the division of authority between levels of government. There are several administrations of government affairs which were previously part of the authority of the Regency/City and later became the authority of the State. The administration of government consists of the implementation of mandatory government and the implementation of elective government which is divided between the central government, provincial regions and regency/municipal regions. Mandatory Government Affairs are divided into Mandatory Government Affairs relating to Basic Services and Mandatory Government Affairs which are not related to Basic Services. The relationship of authority between the Central Government and Regional Governments in the system of the Unitary State of the Republic of Indonesia gave rise to the concepts of centralization and decentralization. The implementation of Regional Autonomy after the existence of Law Number 11 of 2020 concerning Job Creation took over the authority of the regional government, the authority of the Regional Government carried out by the Central Government can affect the existing government system in the region. Adjusted to the administration of government in the implementation of regional autonomy, this can affect local revenue which can have a negative impact on the area.

THE ROLE OF LEGAL PHILOSOPHY IN THE FORMATING OF PROVINCIAL REGULATIONS

Heti Friskatati — 2024-09-30

Indonesia is a democracy because its people are involved in policy-making. As a state of law, both rulers and citizens, as well as the nation itself are subject to the law. All attitudes, actions taken must be in accordance or based on the laws and regulations that apply in the Unitary State of the Republic of Indonesia. The emergence of laws and regulations is the result of the translation of public policy in the midst of the survival of a democratic society into a normative language order. Legal products are regulatory measures that need to be integrated into the regional autonomy system. High quality local legal products mean that these legal products include the preparation of material and technical regulations to solve problems and meet community needs. The formation of local legal products pays attention to the views, awareness, and legal ideals of life, including the spiritual atmosphere and the Indonesian state philosophy of Pancasila and the 1945 Constitution of the Republic of Indonesia. Regional legal products must be based on considerations and reasons that show that the direction of regional regulation is more democratic towards the formation of regional legal products that are really needed by the community. The normative legal research method is based on the idea of describing the research.

MARINE POLLUTION IN LAMPUNG PROVINCE: THE STATE IS POWERLESS AGAINST ENVIRONMENTAL DESTROYERS

Irfan Tri Musril — 2024-09-30

Law enforcement efforts in order to provide a deterrent effect against perpetrators of environmental crimes and force the perpetrators to be responsible for the impacts caused by pollution or damage that occurs based on the polluter pays principle as contained in Law 32/2009. pollution and / or oil spills in Lampung sea waters continue to occur throughout 2020 - 2022. This study aims to determine how the legal liability of PT Pertamina due to PHE OSES pipe leakage on the east coast of Lampung with an empirical juridical approach using primary and secondary data sources. the conclusion of this study is: The State is still hesitant in applying criminal law against perpetrators of marine pollution due to oil spills; in cases of marine pollution due to oil spills, the state prefers to apply administrative sanctions and / or civil law enforcement. In the case of the implementation of civil sanctions, there is a weakness of the government in supervising the implementation of sanctions so that the perpetrators of pollution have a low level of compliance in the implementation of sanctions.