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p-Index From 2021 - 2026
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All Journal Journal of Law and Legal Reform
Aminuddin Ilmar
Faculty of Law, Universitas Hasanuddin
Law, Crime, Criminology & Criminal Justice

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Promoting the Principle of Political Equality: Reformulation of Private Funding Source Regulations for Indonesian Political Parties Moch Andry Wikra Wardhana Mamonto; Mohd Shahril Nizam Bin Md Radzi; Andi Pangerang Moenta; Aminuddin Ilmar; Marwati Riza
Journal of Law and Legal Reform Vol. 5 No. 3 (2024): Various Issues on Law Reform in Indonesia and Beyond
Publisher : Faculty of Law, Universitas Negeri Semarang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v5i3.14457

Abstract

This study examines the regulation of private funding sources for political parties, with the goal of developing a framework that ensures political equality for donors. Adopting a normative legal research approach, the study employs statutory, conceptual, and comparative methods. Data are analyzed descriptively and prescriptively to offer a comprehensive understanding of the current regulatory gaps and to propose a ius constituendum for the regulation of private political party funding. The findings reveal two key issues. First, while Indonesia has regulations governing private funding for political parties, these regulations do not comprehensively address all private funding sources, leaving certain sources unregulated or insufficiently restricted. Second, the existing regulatory framework fails to ensure political equality among donors. Based on these findings, the study recommends several reforms for more equitable regulation. Specifically, it advocates for a regulatory framework that prioritizes political equality, with detailed classifications of private funding sources—distinguishing between internal sources, such as party taxes from members holding political positions, and external sources, such as loans from individuals or legal entities. Additionally, the study proposes establishing clear limits on donor contributions, including maximum limits for both member contributions and party taxes. These reforms aim to create a more transparent and balanced system of political financing, ensuring fairer access to the political process for all donors.
Restoration of Central Power or Betrayal of Regional Autonomy? Analysis of the Impact of Recentralization of Mining Authority in the Era of Limited Autonomy Syamsul Rijal; Aminuddin Ilmar; Maskun Maskun; Nurul Hidayat Ab Rahman
Journal of Law and Legal Reform Vol. 5 No. 4 (2024): Contemporary Issues on Law Reform in Indonesia and Global Context
Publisher : Faculty of Law, Universitas Negeri Semarang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v5i4.14466

Abstract

This study analyzes the impact of re-centralizing mining authority on regional autonomy in Indonesia, focusing on legislative changes from Law No. 22/1999 to the Omnibus Law (Law No. 6/2023). The shift from decentralized to centralized control, accelerated by Law No. 3/2020, transfers authority from districts to provinces, aiming to improve national resource management efficiency. However, the findings reveal critical risks, including weakened environmental oversight, restricted public participation, and reduced local revenues from mining operations. While centralization may streamline governance, it poses significant challenges for regional governments in managing resources independently, impacting local welfare and sustainable development. This research offers novel insights into the tension between national efficiency and regional autonomy, emphasizing the urgency of re-evaluating policies to balance these interests. The study contributes to the broader discourse on governance by providing policy recommendations for achieving sustainable resource management within a decentralized framework.
Co-Authors Andi Pangerang Moenta Marwati Riza Maskun Maskun Moch Andry Wikra Wardhana Mamonto Mohd Shahril Nizam Bin Md Radzi Nurul Hidayat Ab Rahman Syamsul Rijal