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The State’s Right to Control and Local Government Authority in the Mining Sector: A Legal-Policy Research Ananda, Adhe Ismail; Dedihasriadi, La Ode; Haerani, Yeni
Administrative and Environtmental Law Review Vol 6 No 1 (2025)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/aelr.v6i1.4079

Abstract

The management the mining sector is under the state’s authority as mandated by the Indonesian Constitution. The principle of Hak Menguasai Negara (State’s Right to Control) grants the state comprehensive authority over mining activities, including policy-making, licensing, and supervision. However, decentralization policies have shifted the balance of power between central and regional governments. This paper analyzes the legal and policy frameworks governing this division of authority, focusing on the role of local governments. Employing normative legal research through the examination of statutes and legal principles, the research finds that the centralization of mining permits under Law No. 3 of 2020 has significantly diminished local governments’ authority, resulting in governance inefficiencies and economic imbalances. The paper further explores asymmetric decentralization as a potential approach to harmonize state control with meaningful local government participation.
THE ROLE OF THE KOLAKA REGENCY ELECTION SUPERVISORY AGENCY IN PREVENTING MONEY POLITICS IN THE 2024 ELECTION: PERAN BADAN PENGAWAS PEMILU KABUPATEN KOLAKA DALAM PENCEGAHAN MONEY POLITIC PADA PEMILU 2024 Dedihasriadi, La Ode; Ananda, Adhe Ismail
Constitutional Law Society Vol. 4 No. 2 (2025): September
Publisher : Pusat Studi Konstitusi dan Perundang-undangan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/jcls.v4i2.104

Abstract

This study aims to analyze the effectiveness of the role of the Kolaka Regency Election Supervisory Agency (Bawaslu) in preventing the practice of money politics in the 2024 election and identify its inhibiting factors. This study uses a juridical-empirical method with a descriptive qualitative approach. Primary data was obtained through direct interviews with members of the Kolaka Regency Bawaslu, while secondary data came from official documents, laws and regulations, and related literature. The results of the study show that although Bawaslu has carried out its supervisory duties, challenges such as limited human resources, low legal awareness of the community, and obstacles in proving the practice of money politics are significant obstacles in prevention. This study provides recommendations to increase the capacity of Bawaslu and strengthen the role of the community in reporting violations.
Same-Sex Marriage as a Human Rights Freedom in Indonesia: The Perspective of Pancasila and the Marriage Law Dedihasriadi, La ode; Hsieh, Ju-Lan; Umar, Wahyudi
Jambura Law Review VOLUME 4 NO. 2 JULY 2022
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (324.071 KB) | DOI: 10.33756/jlr.v4i2.14067

Abstract

Human rights are basic rights that are inherent in humans, so the state is obliged to protect, respect and defend them. Same-sex marriage is a human right. The purpose of this paper is to find out how the legal perspective in Indonesia regarding the legality of same-sex marriage on the basis of freedom of human rights. This research method is normative based with an analytical approach. The results of this study conclude that same-sex marriage on the basis of freedom of human rights does not have a philosophical legal standing because it is contrary to the values contained in Pancasila as the ground norm in Indonesia. On the other hand, Sociologically, same-sex marriage is not in accordance with the culture and culture of the Indonesian nation where its citizens are citizens who uphold the values of the Almighty God. Substantially, same-sex marriage legislation is also not contained in Law No.1 of 1974 concerning marriage which has been changed to Law No. 16 of 2019 concerning amendments to Law No. 1 of 1974 concerning marriage.