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All Journal Al-Manhaj: Jurnal Hukum dan Pranata Sosial Islam Jurnal Kajian Pembaruan Hukum
Dewi, Sri Anggraini Kusuma
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Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

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Penguatan Dewan Perwakilan Daerah Terkait Fungsi Legislasi dalam Perspektif Demokrasi Deliberatif Dharmapala, Ario; Dewi, Sri Anggraini Kusuma; Iswahyudi, Gesang
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 4 No 2 (2022)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v4i2.1865

Abstract

The Regional Representative Council is one of the people's representative institutions in Indonesia. The Regional Representative Council is a regional representative who is elected through general elections. However, in the Indonesian constitution, the 1945 Constitution of the Republic of Indonesia, the position of the Regional Representatives Council is weaker than the House of Representatives. This study aims to emphasize the urgency as well as future arrangements for strengthening the functions of the Regional Representatives Council. The legal issue in this study is the legal vacuum in regulating the legislative functions of the Regional Representatives Council in the perspective of deliberative democracy. This research is a normative legal research using a conceptual approach and legislation. The legal materials used are primary legal materials such as the Constitutions of Indonesia, the Netherlands, America, and Germany. Secondary legal materials include all results of studies and research on people's representative institutions, and non-legal materials are legal dictionaries. The results of the study confirm that the urgency of strengthening the legislative function of the Regional Representatives Council is needed, especially in relation to the theory of deliberative democracy. In addition, in the future it is necessary to amend the constitution to strengthen the position of the RegionalRepresentative Council.
Pemerintahan Desa dalam Karakteristik Otonomi Desa di Sistem Negara Kesatuan Republik Indonesia Wijayanto, Ronny; Dewi, Sri Anggraini Kusuma; Iswahyudi, Gesang
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 4 No 2 (2022)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v4i2.1866

Abstract

Village autonomy is one of the urgencies for village government. This is in line with the reform mandate which emphasizes the spirit of regional autonomy. Village autonomy is expected to increase village independence. The legal issue in this research is the legal vacuum related to the regulation of village autonomy. This study aims to construct the idea of regional autonomy within the framework of the Unitary State of the Republic of Indonesia. This research is a juridical-normative research with three legal materials, namely primary legal materials including: the 1945 Constitution of the Republic of Indonesia, the Village Law, and the Regional Government Law. Secondary legal materials include books, websites, and journal articles related to legal issues. Non-legal materials include language dictionaries and legal dictionaries. The results of this study confirm that the idea of village autonomy in the Unitary State of the Republic of Indonesia must be positioned that village autonomy is "original autonomy" that must be given by the state to villages. Legal construction related to the idea of village autonomy is carried out by amending the 1945 Constitution of the Republic of Indonesia by including the term village autonomy in the constitution, including village autonomy in the revision of the Village Law, as well as harmonizing and constructing village autonomy laws mutatis mutandis with the concept regional autonomy.
Penguatan Dewan Perwakilan Daerah Terkait Fungsi Legislasi dalam Perspektif Demokrasi Deliberatif Dharmapala, Ario; Dewi, Sri Anggraini Kusuma; Iswahyudi, Gesang
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 4 No. 2 (2022)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v4i2.1865

Abstract

The Regional Representative Council is one of the people's representative institutions in Indonesia. The Regional Representative Council is a regional representative who is elected through general elections. However, in the Indonesian constitution, the 1945 Constitution of the Republic of Indonesia, the position of the Regional Representatives Council is weaker than the House of Representatives. This study aims to emphasize the urgency as well as future arrangements for strengthening the functions of the Regional Representatives Council. The legal issue in this study is the legal vacuum in regulating the legislative functions of the Regional Representatives Council in the perspective of deliberative democracy. This research is a normative legal research using a conceptual approach and legislation. The legal materials used are primary legal materials such as the Constitutions of Indonesia, the Netherlands, America, and Germany. Secondary legal materials include all results of studies and research on people's representative institutions, and non-legal materials are legal dictionaries. The results of the study confirm that the urgency of strengthening the legislative function of the Regional Representatives Council is needed, especially in relation to the theory of deliberative democracy. In addition, in the future it is necessary to amend the constitution to strengthen the position of the RegionalRepresentative Council.
Pemerintahan Desa dalam Karakteristik Otonomi Desa di Sistem Negara Kesatuan Republik Indonesia Wijayanto, Ronny; Dewi, Sri Anggraini Kusuma; Iswahyudi, Gesang
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 4 No. 2 (2022)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v4i2.1866

Abstract

Village autonomy is one of the urgencies for village government. This is in line with the reform mandate which emphasizes the spirit of regional autonomy. Village autonomy is expected to increase village independence. The legal issue in this research is the legal vacuum related to the regulation of village autonomy. This study aims to construct the idea of regional autonomy within the framework of the Unitary State of the Republic of Indonesia. This research is a juridical-normative research with three legal materials, namely primary legal materials including: the 1945 Constitution of the Republic of Indonesia, the Village Law, and the Regional Government Law. Secondary legal materials include books, websites, and journal articles related to legal issues. Non-legal materials include language dictionaries and legal dictionaries. The results of this study confirm that the idea of village autonomy in the Unitary State of the Republic of Indonesia must be positioned that village autonomy is "original autonomy" that must be given by the state to villages. Legal construction related to the idea of village autonomy is carried out by amending the 1945 Constitution of the Republic of Indonesia by including the term village autonomy in the constitution, including village autonomy in the revision of the Village Law, as well as harmonizing and constructing village autonomy laws mutatis mutandis with the concept regional autonomy.
Legitimasi Kedudukan Kepala Desa dalam Penyelesaian Sengketa Agraria Dewi, Sri Anggraini Kusuma; Hasibuan, Rezky Panji Perdana Martua
Jurnal Kajian Pembaruan Hukum Vol. 1 No. 2 (2021): July-December 2021
Publisher : University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jkph.v1i2.24474

Abstract

The agrarian disputes often occur in rural areas, considering that the majority of the livelihoods of rural communities are farmers. In this regard, rural communities also cannot be avoided from agrarian conflicts that occur between residents, including in terms of inheritance. This social legal research aims to analyze the factors causing the occurrence of agrarian conflicts in rural areas; and explain the role of the village head in dealing with disputes related to land. This empirical legal research uses a qualitative approach that is based on primary data and secondary data as obtained through a series of observations, interviews, and documentation. The results of the study indicate that rural communities tend to choose the head of village as the party that resolves agrarian disputes in rural areas. Therefore, the rural community perspective believes and considers the head of village to be able to provide a sense of community justice. The scheme used by the head of village is mediation or what is often called 'deliberation for consensus'.
Co-Authors Dharmapala, Ario Hasibuan, Rezky Panji Perdana Martua Iswahyudi, Gesang Pradana, Nanang Wijayanto, Ronny