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All Journal Nagari Law Review Jurnal Ilmiah Kutei Jurnal Legislasi Indonesia
Illahi, Beni Kurnia
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Law, Crime, Criminology & Criminal Justice

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Kedudukan Kepala Otorita Ibu Kota Nusantara Sebagai Pengelola Keuangan Negara Berdasarkan Kekuasaan Presiden Menurut Konsepsi Keuangan Negara Rusmana, Rizki Tri; Ardilafiza; Illahi, Beni Kurnia
Jurnal Ilmiah Kutei Vol 22 No 2 (2023)
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jkutei.v22i2.31292

Abstract

The head of the Nusantara's authority has been granted the power to manage the finances of the Nusantara's Capital by the President, even though it is not explicitly stated in the State Finances Act. This has led to confusion about the nature of the financial management authority referenced in the Nusantara's Capital Law. This study aims to examine the institutional characteristics of the Nusantara's Capital Authority and the position of its Head as a manager of state finances, based on the President's power according to the concept of state finance. Using a normative law approach with a statute and conceptual approach, the research found that the Nusantara's Capital Authority has been established based on national law, with its headquarters in the national capital and directly responsible to the President, without a Regional House of Representatives and not led by a governor. Given these characteristics, it is more appropriate to categorize the Nusantara's Capital Authority as a Central Government. In terms of managing state finances in the Nusantara's Capital, the Head of the Authority is in the position of a minister/head of an institution as referred to in paragraph (2) letter b, serving as the Budget User/Goods User for Nusantara's Capital.
Kedudukan dan Karakteristik Peraturan Menteri dalam Melaksanakan Urusan Pemerintahan Menurut Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 Illahi, Beni Kurnia
Jurnal Legislasi Indonesia Vol 19, No 3 (2022): Jurnal Legislasi Indonesia - September 2022
Publisher : Direktorat Jenderal Peraturan Perundang-undang, Kementerian Hukum dan Hak Asasi Manusia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54629/jli.v19i3.889

Abstract

Increasing regulation is unavoidable in Indonesia. This study will discuss one of the problems in the formation of legislation, which are the characteristics of the formation of ministerial regulations in carrying out government affairs. As referred to in Article 8 paragraph (2) of Law Number 12 of 2011 concerning the Establishment of Legislation, it states that the Ministerial Regulation is formed based on 2 things, the first is ordered by a higher statutory regulation, the second is formed based on the authority. This is intended to answer the following questions, does the minister have the authority to formulate legislation based on the 1945 Constitution. Then how to determine and design the characteristics of the formation of ministerial regulations that are formed based on orders from higher laws and regulations and ministerial regulations that are formed based on the decree of authority according to the 1945 Constitution. This research uses normative legal research methods with descriptive research specifications and is analyzed through literature study and data analysis methods using juridical-qualitative. The results of the research will later find the characteristics of the formation of ministerial regulations which are formed based on orders from higher legislation and which are formed based on orders of authority according to the 1945 Constitution. This is expected as a proposal/idea to lawmakers to try to rearrange the limits of authority in the formation of legislation based on the 1945 Constitution. 
Constitutional Design of Strengthening DPR Role in Forming, Changing, and Dissolving State Ministries in the Constitutional Views Wahyuni, Purwaningdyah Murti; Chandra, M Jeffry Arlinandes; Dinata, Ari Wirya; Illahi, Beni Kurnia; Gusman, Delfina
Nagari Law Review Vol 6 No 2 (2023): Nagari Law Review
Publisher : Faculty of Law, Andalas University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/nalrev.v.6.i.2.p.102-119.2023

Abstract

As a country that maintains a presidential system of government, it is essential to concentrate on creating the framework and structure of government. This is closely tied to the establishment, evolution, and dissolution of such institutions. As a consequence, the President and the DPR will be capable of determining responsive and constitutional legal politics. This legal policy study focuses on how the growth and regulation of state ministries and state institutions were connected to the constitutional system's establishment, modification, and dissolution. Second, how can legal politics address this in a manner that seems to be constitutional? The objective of this study is to assess the arrangements pertaining to the formation, alteration, and dissolution of ministries and state institutions under the constitutional system in order to define the ideal political legislation.This research uses normative legal research methods with descriptive research specifications and is analyzed through library research and data analysis methods using juridical-qualitative. The results of the research and discussion in this study include: First, the arrangements regarding the formation, modification, and dissolution of ministries and state institutions do not yet have a clear legal basis so that the President as the holder of power, is irregular in issuing his policies. Second, the legal politics that was initiated wanted the Government and the DPR to be more synergized in terms of drafting legal considerations and normalizing them based on statutory regulations and principles in a presidential system of government.
Co-Authors Ardilafiza Ari Wirya Dinata Chandra, M Jeffry Arlinandes Delfina Gusman Rusmana, Rizki Tri Wahyuni, Purwaningdyah Murti