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Peran Pemerintah Daerah dalam Perizinan Pertambangan Timah dalam Pelaksanaan Reformasi Birokrasi Enny Agustina
Kajian Ilmiah Hukum dan Kenegaraan Vol. 2 No. 1 (2023): Juni
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/kihan.v2i1.2254

Purpose: Since the existence of regional autonomy, the central government and regional governments have shared their authority in the management of mining mineral resources as regulated in Law No. 22/1999, all authority regarding licensing has been fully delegated to the local government. The study discusses the role of local governments in tin mining licensing in the application of bureaucratic reform and constraints on tin licensing in the application of bureaucratic reform. Methodology: This study uses a normative research method where the method is that the legal approach method is carried out by reviewing all laws and regulations that have relevance or relevance to the legal issues being handled. Result: The results of the research in this study are 1. Regarding the granting of mining permits, since the enactment of Law Number 23 of 2014 concerning regional governments. The authority to issue permits that previously could have been exercised by the Regency/Municipal government was transferred to the Provincial government.

Finding a new direction for Indonesian democracy: analysis of limitations of the president's powers in the amendments to the constitution Enny Agustina; Misnah Irvita; Saharuddin Saharuddin; Erman I Rahim; Mohamad Hidayat Muhtar
LEGAL BRIEF Vol. 13 No. 1 (2024): April: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i1.929

The purpose of this study is to investigate the rationale and consequences of the strategy of reducing executive authority, particularly that of the president, that was incorporated into the Republic of Indonesia Constitution of 1945 (UUD 1945) via a series of modifications. To comprehend the modifications to the constitution, this study employs a normative or doctrinal approach, concentrating on the analysis of pertinent papers, reports, and literature. According to the findings, these amendments were implemented in reaction to calls for reform and democratization. They sought to build a more balanced system of government with strong principles of checks and balances among the executive, legislative, and judiciary, and they eliminated the sacred and static views of the 1945 Constitution during the New Order era. This embodies the shift in Indonesian governance from a top-down, autocratic system to a bottom-up, democratic one, where checks and balances on the presidency are put in place to forestall any return to autocracy and guarantee greater citizen input into policymaking

Problematics of Domestic Violence Case Handling of PPA Unit of Pangkalpinang Police: Analysis of Case Arrears Dewi Lestari; Enny Agustina
Journal of Law, Politic and Humanities Vol. 5 No. 3 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i3.1154

This research examines the problems in handling Domestic Violence (KDRT) cases at the Women and Children Protection Unit (PPA) of the Pangkalpinang City Police, with a focus on the backlog of cases that occurred during the 2021-2023 period. This study aims to identify the factors causing the backlog of KDRT cases and analyze its implications for the performance of the PPA Unit. The research method used is empirical legal research with a qualitative approach, through in-depth interviews, document studies, and observations. The results show that the backlog of cases is caused by three main factors: the uncooperative behavior of victims, limitations in tracing perpetrators, and institutional resource constraints. The implications of the case backlog include a decrease in the effectiveness of case handling, psychological pressure on personnel, a decrease in public trust, and obstacles in inter-agency coordination. This study produces theoretical propositions in the form of "Integrated KDRT Case Management Theory" and "Integrated Case Management and Resource Optimization Theory" as solutions to address the problem of the KDRT case backlog.

Analysis of the Status of Village Apparatus Personnel in the Village Government System Reviewed from Law Number 3 of 2024 concerning the Second Amendment to Law Number 6 of 2014 concerning Villages Agustin, Eka Wulandari; Saliman, Abdul Rasyid; Agustina, Enny; Oktavianingrum, Fabiola Nurul
International Journal of Science and Society Vol 7 No 1 (2025): International Journal of Science and Society (IJSOC)
Publisher : GoAcademica Research & Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54783/ijsoc.v7i1.1389

This study analyzes the status of village apparatus personnel in the village government system in Indonesia, especially from the perspective of legal certainty and state administrative law. Although village officials play an important role in public services at the village government level, uncertainty regarding the status of village officials, especially whether village officials are recognized as State Civil Apparatus (ASN) or Government Employees with Employment Agreements (PPPK), pose problems in aspects of welfare, career stability, and service professionalism. This study uses a normative juridical analysis method, this study examines the role of the state in providing clear legal guarantees for village officials through the formation of specific regulations with an approach to analysis, legislation and case studies. Based on the findings of the research, the need for the formulation of policies that recognize village apparatus as part of ASN or PPPK, as well as the regulation of welfare and work capacity of village apparatus, is an important recommendation to increase the effectiveness of village government based on the principle of legal certainty and state administrative law. The conclusions and suggestions from this study are expected to create a more transparent, accountable, and professional village government, in accordance with the goal of village autonomy mandated by Law Number 6 of 2014 concerning Villages and its latest changes.

Finding a new direction for Indonesian democracy: analysis of limitations of the president's powers in the amendments to the constitution Enny Agustina; Misnah Irvita; Saharuddin Saharuddin; Erman I Rahim; Mohamad Hidayat Muhtar
LEGAL BRIEF Vol. 13 No. 1 (2024): April: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i1.929

The purpose of this study is to investigate the rationale and consequences of the strategy of reducing executive authority, particularly that of the president, that was incorporated into the Republic of Indonesia Constitution of 1945 (UUD 1945) via a series of modifications. To comprehend the modifications to the constitution, this study employs a normative or doctrinal approach, concentrating on the analysis of pertinent papers, reports, and literature. According to the findings, these amendments were implemented in reaction to calls for reform and democratization. They sought to build a more balanced system of government with strong principles of checks and balances among the executive, legislative, and judiciary, and they eliminated the sacred and static views of the 1945 Constitution during the New Order era. This embodies the shift in Indonesian governance from a top-down, autocratic system to a bottom-up, democratic one, where checks and balances on the presidency are put in place to forestall any return to autocracy and guarantee greater citizen input into policymaking

Political Corruption as a Real Threat to the Sustainability of Constitutional Democracy Enny Agustina; Andi Bau Mallaranggeng; Muslihin Rais; Muh. Fadli Faisal Rasyid; Otti Ilham Khair; Kevin M Rivera; Arie Kartika
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 3 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.5057

This study aims to examine the impact of political corruption on citizens' capacity to participate in government, the efficacy of anti-corruption laws, and the role of the Corruption Eradication Commission in the fight against corruption and the strengthening of constitutional democracies in Indonesia.Examining applicable legal standards, legislation, rules, doctrine, and judicial decisions is part of the normative research strategy. This examination also included a literature review of relevant studies, articles, and government publications. The research found that corruption discourages citizens of Indonesia from becoming active in politics. The public has lost interest in politics and has become wary of the corrupt system as a result. When it comes to creating a transparent and honest political system, there are doubts about how successful anti-corruption laws and the Corruption Eradication Commission have been in eradicating political corruption.

Legal Analysis of the Protection of National Health Insurance Participants in Indonesia Atmawijaya, Surya; Saliman, Abdul Rasyid; Agustina, Enny
International Journal of Science and Society Vol 7 No 1 (2025): International Journal of Science and Society (IJSOC)
Publisher : GoAcademica Research & Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54783/ijsoc.v7i1.979

The National Health Insurance (JKN) is a program to provide equitable access to healthcare services for all citizens of Indonesia and also to improve the quality of health services received by the community However, various challenges and obstacles in the implementation of this program persist. This study aims to analyze the legal protection of health insurance carried out by BPJS Kesehatan. The type of research used by the authors in this study is normative legal research. This legal research examines relevant legislation, regulations, and legal principles governing JKN, alongside case studies that highlight practical issues faced by participants. This study recommends enhancing oversight mechanisms and evaluation processes concerning JKN implementation, as well as improving educational initiatives for participants regarding their rights and obligations.

Assessing the Effectiveness of Legal Protection for Local Communities in Agrarian Disputes Against Corporations in West Bangka Regency Gustami, Gustami; Agustina, Enny
Journal of Law, Politic and Humanities Vol. 5 No. 5 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i5.2043

This study aims to analyze the effectiveness of legal protection for local communities in agrarian disputes with corporations in West Bangka Regency, as well as to identify both legal and non-legal barriers faced by these communities in securing their land rights. The research is based on the Landbow land dispute case in Kelapa Subdistrict, West Bangka, which was won by the local community through a decision by the Administrative Court (PTUN) of Pangkalpinang, Case Number 16/G/PTUN.PGP/2025. The research adopts normative and empirical juridical methods, utilizing statute and case approaches along with interviews with relevant stakeholders. The findings reveal that while normative legal protection exists through national legal instruments, its effectiveness at the implementation level remains weak. Communities frequently encounter obstacles such as delayed responses from local authorities, lack of legal literacy, and corporate dominance. The study recommends strengthening access to legal aid, improving community advocacy capacity, and enhancing local government commitment to agrarian justice.

Criminal Liability of Child Perpetrators of Sexual Offenses: A Study of Decision Number 4/Pid.Sus-Anak/2025/PN Pgp from the Perspective of the Child Criminal Justice System Novianda, Riescha; Saliman, Abdul Rasyid; Agustina, Enny
International Journal of Science and Society Vol 7 No 4 (2025): International Journal of Science and Society (IJSOC)
Publisher : GoAcademica Research & Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54783/ijsoc.v7i4.1532

This study examines the criminal responsibility of a child perpetrator of sexual intercourse offenses under Indonesia’s juvenile justice system, focusing on the analysis of the District Court of Pangkalpinang Decision Number 4/Pid.Sus-Anak/2025/PN Pgp. The child was sentenced to three months in a Special Child Development Institution and required to participate in a three-month vocational training program. The sentence was conditional, emphasizing rehabilitative and educational approaches. This research aims to assess the alignment of the judicial verdict with the principles of Law Number 11 of 2012 on the Juvenile Criminal Justice System, particularly the application of restorative justice and non-penal approaches for juvenile offenders. Employing normative juridical methods and a case study approach, this paper reveals that the conditional sentence and vocational training illustrate a concrete application of juvenile criminal punishment prioritizing the child’s best interests and legal protection. Furthermore, the involvement of legal counsel, social advisors, and the child’s parents signifies the practical implementation of restorative justice principles within juvenile court proceedings.

LEGAL ANALYSIS OF THE TWO-TRACK SENTENCING SYSTEM FOR CHILDREN COMMITTED AGGRAVATED THEFT IN THE JUVENILE CRIMINAL JUSTICE PROCESS (STUDY OF DECISION NUMBER 1/PID.SUS-ANAK/2025/PN SGL) Agusto Imanuel; Muhamad Adystia Sunggara; Enny Agustina
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 5 No. 3 (2025): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/morfai.v5i3.4082

Children are a national asset whose existence is crucial to ensuring the survival of a nation. Therefore, to support this goal, the future of children and their livelihood security must be considered from all aspects, from economics to education to health, and most importantly, legal protection. Legal protection is paramount because today many children are involved in criminal acts, resulting in their status changing to children in conflict with the law, and many are sentenced to prison in Child Development Institutions. This has the potential to threaten the continuity of children's access to educational rights. It must be understood that fostering in a foster institution does not necessarily break the chain of recurrence of criminal acts by children, and placement of children in foster institutions also has the potential to increase the state's financial burden and may lead to overcapacity in society. Therefore, Indonesia is slowly trying to implement a double-track criminal justice system to accommodate the interests of children in conflict with the law so that their rights are still fulfilled. As an analysis of this system, the author attempted to conduct research on the Sungailiat District Court Decision Number 1/Pid.Sus-Anak/2025/PN Pgp. Using a normative legal research method, the author attempts to examine the application of two criminal justice systems in handling juvenile cases. Through a literature review of the collected legal materials, the author found that implementing two criminal justice systems in handling juvenile cases is not easy. Many factors must be ensured for the success of these two criminal justice systems.The child's age as a tool to identify children who may be subject to imprisonment or other criminal penalties, analysis of the community guidance research report, criminal threats against children, a description of the public prosecutor's demands outlining sanctions for the action, the availability of supporting facilities and the budget for implementing the action against the child. Each component supports each other, and if one component is not met, the two-track criminalization formulation cannot be implemented. And this occurs in case handling.Sungailiat District Court Decision Number 1/Pid.Sus-Anak/2025/PN Pgp which ultimately cannot apply the decision to take action against the child even though the conditions for the child to be subject to action have been fulfilled in terms of the actions and the threat of punishment imposed on the child.

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