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All Journal DE JURE Bestuur FIAT JUSTISIA: Jurnal Ilmu Hukum Arena Hukum Jurnal Cakrawala Hukum Pembaharuan Hukum Jurnal Konstitusi Jurnal Ilmiah Hukum LEGALITY Jurnal Hukum dan Pembangunan Ekonomi Jurnal Inovasi Ilmu Sosial dan Politik Pena Justisia: Media Komunikasi dan Kajian Hukum Jurnal Pembelajaran Pemberdayaan Masyarakat (JP2M) Unnes Law Journal Keadilan JHCLS Jurnal Abdiraja Jurnal Konstitusi Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Perspektif Hukum Hang Tuah Law Journal Ahmad Dahlan Legal Perspective Keadilan Lex Scientia Law Review JILS (Journal of Indonesian Legal Studies) Jurnal Jurisprudence Unnes Law Journal : Jurnal Hukum Universitas Negeri Semarang
Ahmad Siboy
Universitas Islam Malang
Religion Agriculture, Biological Sciences & Forestry Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Dentistry Economics, Econometrics & Finance Education Energy Engineering Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Nursing Public Health Social Sciences Other

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Reinforcing Central Government’s Authority over Regional Governments in the System of Indonesian Governance Siboy, Ahmad
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 21 No. 1 (2022): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v21i1.1998

Abstract

Principally, a regional government represents the extended hands of the central government in controlling a regional area. Regional governments are not supposed to run activities not congruent with the policies set by the central government. However, regional governments are often found in contravention of the policies of the central government. This research maps what causes this contravention and the reasons for reinforcing the authority of the central government regarding its connection with regional governments. This research employed normative-juridical methods, statutory, conceptual, and case approaches, revealing that this noncompliance with the central government is sparked by the conditions where a regional head is elected by the members of the public, the president has no right to eject a regional head from his/her tenure, and a regional head is fully authorized to run a regional area, including the regional budgeting. The design of the reinforcement of the authority of the authority of the central government over regional governments is required based on the principle of the unitary state and to guarantee the harmonious policies set by those the regional governments and central government. This design may involve the policy of the central government to take over the governance of regional areas following the deadlock, permit issuance, and the authority of the central government to impose sanctions on regional heads.
The Logic Position of State Emergency Law in the Implementation of Regional Head Elections during the Covid-19 Pandemic Ahmad Siboy; Sholahuddin Al-Fatih
Unnes Law Journal Vol. 8 No. 1 (2022): April, 2022
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v8i1.37358

Abstract

The purpose of this study was to describe the position of the state emergency law as the basis for the issuance of the Government Regulation in Lieu of Law and to examine the consistency of the position of the state emergency law in the implementation of regional elections during the pandemic. This study used normative juridical research with conceptual, statutory, philosophical, and case-study approaches. Sources of legal materials in this study consisted of primary, secondary, and tertiary legal materials. The results showed that the Covid-19 pandemic is declared a non-natural disaster to be qualified as coercive urgency, which is a requirement for enacting the state emergency law. However, there is a logical inconsistency about the Covid-19 pandemic concerning regional elections. On the one hand, the Covid-19 is used as an argument to declare the state in an emergency so that it is necessary to issue a state emergency law in the form of the Government Regulation in Lieu of Law. On the other hand, the regional head election is still be held during the pandemic. If the Covid-19 pandemic is considered a state emergency, the regional head election must be postponed until the pandemic is over.
Co-Authors Bastomi, Ahmad Devi Triasari Dewi Cahyandari Dewi Cahyandari Dewi Setyowati Hilaire Tegnan Himawan Estu Bagijo . Iwan Permadi Jamil Jamil Karim, Firmansyah Abdul Mohammad Affan Muhammad Nur Muslim, Shohib Nur Putri Hidayah Retno Wulan Sekarsari Setiawan Noerdajasakti, Setiawan Sholahuddin Al-Fatih Sudarsono Sudarsono Sulistyani Eka Lestari Tinuk Dwi Cahyani Virga Dwi Efendi Zahlul Pasha