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Kinerja DPRD Kota Yogyakarta: Studi Pembentukan Peraturan Daerah Prakarsa DPRD 2019-2020 Muhammad Rizky Saputra; Anom Wahyu Asmorojati
Wajah Hukum Vol 5, No 1 (2021): April
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v5i1.334

Abstract

Implementation the formulation of Regional Regulation by the Yogyakarta Legislative Council was not optimum, especially regarding the performance in proposing the draft bylaws. It was evidenced by the number of drafts from 2019-2020 from the Initiatives of Yogyakarta Legislative Council, which were only 4 draft bylaws, a quite low number compared to the executive which proposed 15 draft bylaws. Furthermore, the factors affecting the performances of the members of the Yogyakarta Legislative council in carrying out its function to formulate the regional regulations were the lack of experiment in organizations, different and limited backgrounds of education, and the lack of people’s enthusiasm to participate in the formulation of Regional Regulations. This study aims to analyze the implementation of the legislative functions of The Yogyakarta Legislative Council in the formulation of Regional Regulation Initiatives based on the Regulation of the Yogyakarta Legislative Council Number 1 Year 2018 on Code of Conduct and to find out the factors affecting the performance of the members of the Yogyakarta Legislative Council in implementing their functions in the formulations of regional regulations. This study employed an the normative legal and empirical legal method
Law, Politics, and Women: How were 'Aisyiyah's Cadres Involved in the Party? Anom Wahyu Asmorojati; Fauzan Muhammadi
Varia Justicia Vol 17 No 1 (2021): Vol 17 No 1 (2021)
Publisher : Fakultas Hukum Universitas Muhammadiyah Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31603/variajusticia.v17i1.4573

Abstract

The law has regulated the quota of women candidates for legislative members of at least 30%. This regulation has encouraged all political parties to seek female members. However, women who have the capacities and capabilities as members of the legislature are difficult to find. One possible reason is their low participation in political education in religious, social organizations, such as' Aisyiyah. This study aimed to analyze the cadre system of women's political education of 'Aisyiyah in the Partai Amanat Nasional (PAN). This research is a normative, empirical legal research with a qualitative phenomenological approach. The informants of this research were 'Aisyiyah cadres or activists who were PAN and the Legislature members. The results showed that the cadre system of women's political education in 'Aisyiyah was carried out naturally through a public leadership capacity-building program. The involvement of 'Aisyiyah women in PAN was not merely practical politics, but it was carried out for the sake of upholding the law in Indonesia. Therefore, they were not affiliated with one particular political party but spread to various political parties in Indonesia. Thus, the involvement of 'Aisyiyah women in PAN was not merely a political movement but a legal movement and da'wah of amar ma'ruf nahi munkar (enjoining the good and avoiding the bad).
Pelatihan Integritas Perangkat Desa Banguncipto di Masa Pandemi Covid-19 Anom Wahyu Asmorojati; Suyadi suyadi; Suyitno Suyitno; Egi Purnomo Aji; Danang Rizky Fadilla
Borobudur Journal on Legal Services Vol 3 No 1 (2022): Vol 3 No 1 (2022)
Publisher : Universitas Muhammadiyah Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (805.111 KB) | DOI: 10.31603/bjls.v3i1.7360

Abstract

Kalurahan Banguncipto merupakan salah satu desa binaan Universitas Ahmad Dahlan yang sedang mengalami kemerosotan integritas karena Lurah dan Bendahara desa ditahan Kejaksaan Negeri Kulon Progo karena kasus korupsi. Salah satu akibatnya adalah para Perangkat Desa Banguncipto mengalami distrust, kehilangan integritas di mata masyarakat. Bahkan, hingga saat ini mereka masih mengalami trauma integritas. Atas dasar inilah Tim Pengabdi melakukan pelatihan integritas bagi Perangkat Desa Banguncipto untuk memulihkan dan membangun integritas mereka kembali. Pelatihan ini diselenggarakan dalam beberapa tahapan, yakni sosialisasi, pelatihan, penyuluhan rencana aksi dan evaluai program. Hasil program pengabdian ini menunjukkan bahwa terdapat peningkatan integritas meskipun belum signifikan. Hal ini disebabkan karena citra Kalurahan Banguncipto di mata publik telah viral sebagai desa paling korup. Oleh karena itu, diperlukan pendampingan yang lebih intensif dan kontinu untuk membangun integritas Perangkat Desa Banguncipto.
The urgency of establishing a special agency of personal data protection and supervision to ensure the Indonesian citizens’ privacy rights Ferina Widyawati Ayu Silvi; Anom Wahyu Asmorojati
Borobudur Law Review Vol 4 No 2 (2022): Vol 4 No 2 (2022)
Publisher : Universitas Muhammadiyah Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31603/burrev.7184

Abstract

Personal Data Protection is the right of humans, constitutionally the state’s obligation to respect, fulfill, and protect as mandates in Article 28 C paragraph (1) of the 1945 Constitution. However, due to the massive data leaks prove that the rights have not been protected. The research is aimed to know the legal protection for the Indonesian citizens’ personal data by establishing a special agency and intended to find the ideal format of the special agency for personal data protection and supervision to be implemented in Indonesia. The research methods used is the juridical normative through library research. The data were analyzed qualitatively and presented using the descriptive-analysis method. The research is also doctrinal with primary and secondary legal materials. The research concluded that the personal data protection classified as the emerge issues due to the vacuum of law. Moreover, the absence of special agency which plays the important rules to protect or supervise the personal data for the Indonesians. Moreover, its urgency for establishing a special agency for personal data protection and supervision has become the global issues refer to its international regulation and convention, wide conflict of interests in data supervision and management, and due to the occurrence of massive personal data leaks.
Asymmetric Decentralization in A Unitary State: The Legitimization of The Sultan’s Daughter as The Governor of the Special Region of Yogyakarta Anom Wahyu Asmorojati; Suyadi Suyadi; King Faisal Sulaiman
Jurnal Hukum Novelty Vol 13, No 2 (2022)
Publisher : Universitas Ahmad Dahlan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26555/novelty.v13i2.a24079

Abstract

Introduction to The Problem: A unitary state, which democratically runs government, in general rejects a monarchist system. But, Indonesia as a unitary state which applies democracy accepts the Special Region of Yogyakarta has a monarchical system through the application of asymmetric decentralization.Purpose: The aim of this research is to find the pattern of relationships and authority between a democratic unitary state and a monarchist regional government, in particular the Special Region of Yogyakarta.Methodology: This research is normative legal research which analyzes Law No. 13 of 2012 Concerning the Particularity of Yogyakarta, Regulations and Royal Decrees, and Royal Pronouncements.Findings: The research findings show that Indonesia applies asymmetric decentralization to bind a constitutional relationship with the Special Region of Yogyakarta which applies a monarchist system. Indonesia and Yogyakarta’s asymmetric decentralization has a uniqueness over the asymmetric decentralization in federal states, that is by promulgating the Sultan as the governor.  Although this promulgation accords with Law No. 13 of 2012 and the Hadiningrat Yogakarta Keraton (Palace) Regulation; however, of late both an internal and external polemic has arisen.  This polemic has been triggered by Constitutional Decision No. 88/ PUU-XIV/2016 and Royal Decree and Pronouncement which permits a female Sultan, whereas in the Law of Particularity and Royal Decree confirms the Sultan must be male. This polemic has the potential to give rise to a power struggle within the royal family which has serious implications for the asymmetric democratic system and the constitutional monarchy which to date has been developed by Indonesia and the Special Region of Yogyakarta. For this reason, this research recommends revisions be made to the Royal Decree so that there is gender justice resulting in women being able to have the opportunity to become the sultan. A female sultan can become a new discourse in the legal field and the science of government because it has wide implications for gender, political, and cultural and religious discourses.Paper Type: Research ArticleKeywords: Assymetric decentralization; constitutional monarchy; female sultan; and special region of Yogyakarta
Eksistensi Badan Pengawas Pemilihan Umum dalam Pencegahan Praktik Politik Uang pada Pilkada 2020 di Kabupaten Klaten Anom Wahyu Asmorojati; Dian Mutiara Harianja
Wajah Hukum Vol 8, No 1 (2024): April
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v8i1.1336

Abstract

This study aims to determine the roles, find out obstacles, and explicate the efforts of the Election Supervisory Agency (Bawaslu) in preventing the practice of money politics during the 2020 Regional Elections in the Klaten Regency. This research is empirical legal research with direct field research. Its primary data source is data from interviews with the Bawaslu of Klaten Regency. The results of this study indicate that Bawaslu as a state institution has a duty to carry out supervision, including preventing violations in Regional Elections. The role of the Klaten Regency Bawaslu in preventing violations of money politics practices include providing socialization to all elements of society and forming an Anti-Money Politics Village and a Monitoring Village. In its supervision, the Klaten Regency Bawaslu experienced obstacles such as a lack of human resources, limited budget, and low community participation in supervision. The community itself is still afraid to report if they find violations. Therefore, to overcome these obstacles, Klaten Regency Bawaslu utilize social media to facilitate the socialization to the public, invite the public, candidates, and campaign teams to reject all kinds of money politics practices, and form Anti-Money Politics Villages and Monitoring Villages.
The Urgency of the Constitutional Question by the Constitutional Court and Its Relevance to the Indonesian Democracy Index during the COVID-19 Pandemic Madjid, Mario Agritama S.W.; Asmorojati, Anom Wahyu
Jurnal Penegakan Hukum dan Keadilan Vol 4, No 1 (2023): Maret
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jphk.v4i1.17237

Abstract

The Constitutional Court’s authority to conduct the judicial review contains deficiencies implied upon the less maximum efforts to actualize constitutional democracy during the COVID-19 pandemic. Hence, the constitutional question is crucial in responding to the issue; it influences the increase of the Indonesian democracy index during the COVID-19 pandemic. The present study aimed to examine and analyze the urgency of constitutional questions by the Indonesian Constitutional Court in actualizing constitutional democracy with a particular design if it is to be regulated in the Constitution and the laws of the Constitutional Court. The research belongs to normative juridical with library research method. The results showed the urgency of the Indonesian Constitutional Court’s authority to impose constitutional questions. (1) It is to increase the Indonesian democracy index during the COVID-19 pandemic (2) It is to protect the citizens’ Constitutional Rights; (3) It is to increase the citizens’ constitutional awareness; (4) It is to connect the judges’ interpretation; (5) It is to actualize progressive and responsive substantive justice. Besides, the research compared the authorities of the constitutional courts applied by countries such as Austria, Germany, and Russia, where the Constitutional Courts in several countries have constitutional question authority. A recommendation of constitutional question arrangement within the Indonesian constitutional system accompanied this research.
A comparative assessment of digital platform worker protection in the EU and ASEAN Nur, Muhammad; Asmorojati, Anom Wahyu; Megawati, Megawati; Zuliyah, Siti; Isdiyanto, Ilham Yuli
Legality : Jurnal Ilmiah Hukum Vol. 31 No. 2 (2023): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v31i2.29823

Abstract

The rapid rise of the digital platform economy, connecting workers with employers, has transformed labor markets globally. This paper explores the regulatory approaches and policies safeguarding digital platform workers in the European Union (EU) and the Association of Southeast Asian Nations (ASEAN). While the EU demonstrates comprehensive labor protections, ASEAN's diverse economies present a tapestry of approaches. This analysis aims to provide valuable insights for policymakers, scholars, and stakeholders, shedding light on the evolving landscape of labor rights and the future of work in the digital age. This study uses a comparative research design to assess digital platform worker protection in the EU and ASEAN, highlighting differences, similarities, and emerging trends. It involves reviewing official documents and legislative texts from both regions to identify relevant policies and initiatives. This paper found that "digital labor" extends beyond the vast digital landscape, impacting various activities and transforming traditional tasks into digital processes managed by algorithms and automation. Platform workers in regions like the EU and ASEAN face challenges, including extended unpaid waiting times, lack of social security access, unpredictable earnings, and the downside of flexibility. The EU addresses these issues through comprehensive legislative efforts, emphasizing transparency, algorithmic oversight, and clear employment status definitions. In contrast, ASEAN's structure, based on consensus and voluntary cooperation, poses challenges. A binding regional agreement is challenging due to diverse socio-economic and cultural landscapes. Therefore, a non-binding declaration, supported by comprehensive guidelines, may offer a more practical approach. This declaration, symbolizing collective commitment, along with guidelines on best practices, could guide member states in tailoring their national policies to protect platform workers better.
A Comparison of Legislative Election Systems in Indonesia and Malaysia Nugroho, Rahmat Muhajir; Asmorojati, Anom Wahyu; Setyaningrum, Wita; Shuaib, Farid Sufian
Jurnal Media Hukum Vol 31, No 1: June 2024
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v31i1.21485

Abstract

The article aimed to analyze the comparison of electoral systems in Indonesia and Malaysia due to relevant differences and similarities. In Malaysia, the legislative election system was implemented to elect members of the People Council using a district platform. Meanwhile, Indonesia used an Open Proportional system to elect members of the National and Regional Representative Councils. A total of three aspects were also compared between both countries through a legal research and comparative approach, namely Government, Election, and Party Systems. Data collection was subsequently carried out through empirical studies, including interviews and literature reviews. The results showed that differences in government systems, state forms, and administration were observed between Indonesia and Malaysia, where proportional and district electoral platforms were implemented, respectively. Despite the differences, the two countries still had various similarities, such as the implementation of a multiparty system using different party coalition platforms. Variations were also observed in the implementation of voting rights by soldiers and convicts within both countries.
Menguji Ketepatan Penambahan Kewenangan Penjabat Melalui Surat Edaran Menteri Dalam Negeri Catur Agil Pamungkas; Anom Wahyu Asmorojati
Media of Law and Sharia Vol. 4 No. 2: March 2023
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/mls.v4i2.3

Abstract

A total of 271 Acting will fill the position of Regional Head for a long time, however Acting has limited authority, one of which is in the staffing aspect where Acting is prohibited from transferring employees without the approval of the Minister of Home Affairs. Based on the principles of effectiveness and efficiency, the Minister of Home Affairs issues a circular letter giving written approval to officials to manage personnel under higher regulations. The purpose of this research is look first at the position of the Circular Letters based on the legal system in Indonesia, secondly, to find out the accuracy of adding the Acting authority through a Circular Letter on the legal system in Indonesia. This research is included in normative legal research with the research approach used, namely the statutory and conceptual approach. This research utilizes primary, secondary, and tertiary legal materials and the collection is carried out by means of a literature study. The result showed that, first, Circular Letters are part of policy regulations that function as an instrument of communication between State Administration positions. Circular Letters are also a manifestation of written discretion not being part of statutory regulations. Second, that the Minister of Home Affairs has exceeded his authority by establishing a new legal norm through a Circular Letter. Where the main substance of the Circular Letter provides written approval to Acting Governors, Regents and Mayors in the aspect of staffing, where this is contrary to higher regulations.