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Legal Politics in Regional Oil and Gas Governance: Toward Sustainable Regulation Prasetio, Dicky Eko; Subagyo, Ridwan Arma; Saputro, Oky Sapto Mugi; Baxadirovna, Bazarova Dildora
Indonesian Journal of Administrative Law and Local Government Vol. 2 No. 01 (2025): INDONESIAN JOURNAL OF ADMINISTRATIVE LAW AND LOCAL GOVERNMENT (IJALGOV)
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/ijalgov.v1i01.39879

Abstract

Oil and gas exploration and exploitation in Bojonegoro Regency actually creates problems in the form of the absence of statutory regulations that accommodate legal developments and community needs. This research aims to formulate a political, legal and policy orientation so that oil and gas exploration and exploitation in Bojonegoro Regency can provide optimal benefits for the community and is in line with sustainable development. This research is socio-legal or interdisciplinary legal research which examines legal aspects normatively accompanied by analysis based on policy theory. The research results show that the legal implications of the absence of updates to statutory regulations relating to oil and gas exploration and exploitation in Bojonegoro Regency are that philosophically, sociologically and juridically they lack legitimacy and tend to be difficult to implement due to the complexity of the community's legal needs, especially after the passing of the Ciptaker Law. Legal politics related to oil and gas exploration and exploitation in Bojonegoro Regency, namely the need for legal products that are responsive, ecological and progressive in character so that they can be implemented through various policies that are able to make oil and gas exploration and exploitation in Bojonegoro Regency a success as well as the need for revisions to Regional Regulations and Regent Regulations so that in line with the substance of the Ciptaker Law and adapted to actual legal needs in the Bojonegoro community. Keywords: Exploration; Exploitation; Policy; Oil and Gas; Legal Politics.
Reconstructing Indonesia’s Trademark Registration System through the Lens of General Principles of Good Governance to Realize Substantive Justice Masnun, Muh. Ali; Prasetio, Dicky Eko; Awang, Mohd Badrol; Sulistyowati, Eny
Journal of Law and Legal Reform Vol. 5 No. 3 (2024): Various Issues on Law Reform in Indonesia and Beyond
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v5i3.7547

Abstract

The constitutive or first-to-use system in trademark registration in Indonesia actually creates problems, particularly in failing to meet substantive justice aspects in trademark registration. This is because the constitutive or first-to-use system only provides protection for registered trademarks. This research aims to analyze and reconstruct a trademark registration system that accommodates the General Principles of Good Governance (AUPB). This study provides a novel perspective by integrating the General Principles of Good Governance (AUPB) with Indonesia's trademark registration system, offering a unique approach to enhance substantive justice in trademark law. The research highlights the need for reform in the Indonesian trademark registration process, which can guide policymakers and legal practitioners in improving the accuracy and fairness of trademark protection, thereby reducing disputes and enhancing the protection of intellectual property rights. This research is normative legal research using statutory, conceptual, and philosophical approaches. The research results confirm that the "first to file" system in trademark registration in Indonesia has undermined substantive justice because it only provides legal protection when a trademark has been registered. The urgency to make AUPB a guideline in the trademark registration process is oriented so that the DJKI trademark registration process can prioritize aspects of accuracy and prudence. Reconstructing a trademark registration system model that embodies substantive justice can be done by not applying the constitutive system absolutely but rather relatively by accommodating developments in trademark registration practices. This application needs to be combined with the general principles of good governance to create a fair and effective system in protecting trademark rights and realizing substantive justice.
Lex Sportiva in Indonesian Sports Law: Autonomy, Independence, and Harmonization with National Law Prasetio, Dicky Eko; Al-Farisi, Zeidan Izza
Indonesian Journal of Sports Law Vol. 1 No. 02 (2024): INDONESIAN JOURNAL OF SPORTS LAW
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/ijsl.v1i02.35931

Abstract

The principle of lex sportiva as the main principle in sports law has not yet been regulated in Law No. 11 of 2022 on Sports. The lack of regulation of the lex sportiva principle results in the suboptimal application of the lex sportiva principle in Indonesian sports law. This research aims to analyze the position of the lex sportiva principle in Indonesian sports law and its relevance to the national legal system. This research is a normative legal study that emphasizes a legislative and conceptual approach. The results of this study indicate that sports law, as a new field in legal science, is based on the principle of lex sportiva, which is related to independence, autonomy, and harmonization with the national legal system. The recommendations offered in this study include the need for a revision of Law No. 11 of 2022 on Sports Law by emphasizing the position of the lex sportiva principle in Indonesian sports law, as well as the need for an understanding of the lex sportiva principle in the organization of sports, including making the lex sportiva principle a part of legal considerations for judges in the Supreme Court and the Constitutional Court when adjudicating disputes related to sports aspects.
Bajo Tribal Marine Customary Rights Supervision: A Reform with Archipelagic Characteristics Prasetio, Dicky Eko; Ronaboyd, Irfa
Jurnal Kajian Pembaruan Hukum Vol. 2 No. 2 (2022): July-December 2022
Publisher : University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jkph.v2i2.25255

Abstract

There are provinces in Indonesia considered “archipelagic” and “non-archipelagic.” One criterion is to determine whether a province has an ocean wider than the land, with the so-called matter of geography. The issue raised here is a condition where an archipelagic custom exists in a non-archipelagic province. Such a gap between geographical concern and customary characteristics brings at least two consequences. First, a non-archipelagic province has been set out in the international customary law of the sea, including the 1982 UNCLOS on Traditional Fisheries Rights and the law on the Management of Coastal Islands and Small Islands. Second is the problem of recognizing a unique coastal-oceanic socio-culture in that province. This study was motivated to bridge the two, i.e., the legal and socio-cultural case of the Bajo Tribe in Gorontalo Province. Bajo is a tribe with an archipelagic socio-cultural tradition, while Gorontalo is categorized as a non-archipelagic province. So far, there is no clear legal framework on how the national and international laws captured the existing tradition, custom, and wisdom, as shown in Bajo’s. In this regard, a normative legal method was used by collecting and analyzing how national and international instruments answered the call from the Bajo Community. This study found that, at the core, the main issue was the gap of recognition between geography and socio-cultural perspectives in policy-making. This study also found that the Bajo has experienced a limbo due to the no clear policy on how the existence of their community is accommodated. Finally, this research suggested that an archipelagic tradition such as Bajo’s should be recognized in the non-archipelagic province’s policy to construct a bridge connecting geography and socio-cultural tradition.
Legal Uncertainty and Barriers to Women's Representation in Village Governance: Ketidakpastian Hukum dan Hambatan Keterwakilan Perempuan dalam Tata Kelola Pemerintahan Desa Mulyono, Edy; Widodo, Hananto; Rusdiana, Emmilia; Prasetio, Dicky Eko
Indonesian Journal of Innovation Studies Vol. 26 No. 1 (2025): January
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/ijins.v26i1.1283

Abstract

Background: Women's representation in Indonesia's Village Consultative Bodies (BPD) is essential for gender equality and inclusive governance. However, unclear regulations, socio-cultural barriers, and weak enforcement hinder progress. Gap: Legal ambiguities and inconsistent practices limit effective participation and gender-responsive decision-making. Aim: This study explores the legal uncertainties affecting women's representation in BPDs and their broader impacts. Results: Findings highlight unclear legislation, gaps between national and regional regulations, and insufficient enforcement, compounded by cultural biases, reducing women’s motivation and participation. Novelty: The study provides a unique analysis of legal and socio-cultural challenges, offering actionable reform strategies. Implications: Clearer regulations and empowerment programs can improve representation, fostering equitable governance and sustainable development. Highlights: Legal ambiguities in regulations hinder women’s effective participation in BPDs. Socio-cultural biases significantly reduce opportunities for gender-responsive governance. Clearer policies and empowerment programs are vital for equitable local development. Keywords: Women's Representation, Village Consultative Bodies, Gender Equality, Legal Uncertainty, Governance
The Impact of Labor Law Reform on Indonesian Workers: A Comparative Study After the Job Creation Law Nugroho, Arinto; Ronaboyd, Irfa; Rusdiana, Emmilia; Prasetio, Dicky Eko; Zulhuda, Sonny
Lex Scientia Law Review Vol. 8 No. 1 (2024): Contemporary Legal Challenges and Solutions in a Global Context
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lslr.v8i1.14064

Abstract

This study is expected to have significant implications for policymakers and stakeholders in Indonesia and other developing countries seeking to reform their labor laws. The study can validate the development of new policies and programs to protect the rights of the workers, promote decent work, and provide greater access to social protection. The discussion on comparing labor regulations before and after implementing the Job Creation Law (The Law Number 6 Year 2023) in Indonesia covers several key aspects, including wage arrangements, outsourcing, social protection, and fixed-term employment agreements (PKWT). The Job Creation Law reflects the trend to provide more flexibility to employers, allowing them to customize working conditions according to business needs. While a push exists to improve the investment climate and create jobs, these changes raise serious questions about workers’ rights and welfare, particularly concerning about social protection and job security. This comparison indicates significant changes in Indonesia’s labor regulations, providing a clearer picture of workers’ challenges and opportunities. Labor law reform in Indonesia has impacted workers’ perception and responses. While some perceive it as a positive step that strengthens legal protection against unfair termination of employment, many workers still experience inequalities in access to health insurance, pensions, and workplace accident insurance. The government and stakeholders should work to improve workers’ access to social security and strengthen law enforcement and oversight to minimize potential implementation failures that could harm the rights of the workers.
Naturalization in Sports from the Perspective of Sports Nationalism Based on Bhinneka Tunggal Ika Prasetio, Dicky Eko
Bhinneka Tunggal Ika: Pancasila Jurnal Internasional Berbahasa Indonesia Vol. 2 No. 2 (2025): VOLUME 2 ISSUE 2, NOV 2025
Publisher : Badan Pembinaan Ideologi Pancasila

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52738/bti.v2i2.49

Abstract

Naturalization in sports is a global phenomenon that occurs worldwide, including in Indonesia. In Indonesia, this creates problems in the form of the stigma of "foreign players" or naturalized players versus local players, which causes issues, particularly in relation to the value of Bhinneka Tunggal Ika (Unity in Diversity). This research aims to analyze the aspects of naturalization in the field of sports as an effort to enhance national values, particularly Bhinneka Tunggal Ika, based on sports nationalism, while reaffirming reconstruction efforts in the legal field. This research is legal research that emphasizes the socio-legal aspects, using a conceptual and legislative approach. The research findings confirm that from a sports nationalism perspective, sports holds very positive values for strengthening national identity in society. The presence of naturalized players in the national team actually broadens the definition of nationality, so that society no longer sees citizenship solely as something born from blood ties and homeland, but also as an inclusive social bond that values the diversity of athletes' origins. Legal reconstruction to uphold the value of Bhinneka Tunggal Ika requires a revision of the Citizenship Law. This revision must emphasize the principle of priority in naturalization, giving primary opportunity to Indonesian descendants abroad or individuals with historical, cultural, or emotional ties to Indonesia as their ancestral country. The revision of the Citizenship Law must also regulate the substantive requirements that athletes undergoing the naturalization process must meet, including the obligation to participate in guidance and training that focuses on introducing and internalizing national insights, Pancasila values, the spirit of Bhinneka Tunggal Ika, and local wisdom, which are the cultural foundations of the Indonesian nation.