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Legal Responsibilities of Members of the Makassar City Regional People's Representative Council (DPRD) to their Constituents in the Electoral District Arif, Wahyudi; Moenta, Andi Pangerang; Hasrul, Muh.
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 2 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i2.3495

This research aims to examine the legal responsibilities of members of the Makassar City Regional People's Representative Council (DPRD) towards their constituents in the electoral district, as well as identifying the inhibiting factors faced by DPRD members in fulfilling their responsibilities towards constituents in their respective electoral areas. Employing an empirical legal research approach, the study seeks to comprehend the actual application of law and explore its functionality within the societal context, conceptualizing it as a social phenomenon influenced by various social variables. The study was conducted at the Makassar City DPRD office. Data collection methods encompassed interviews, observations, and literature review. The acquired data underwent qualitative analysis and descriptive elucidation. The research findings reveal that a significant number of elected representatives do not demonstrate expected behaviors, resulting in a considerable deficiency in their role of fulfilling responsibilities towards constituents in the electoral district. These limitations are attributed to several inhibiting factors, including inadequate community participation, limited financial allocation from the Makassar city government, constraints in meeting times and facilities, and the diverse and busy schedules of both DPRD members and constituents.

The Arrangement of Investment Policy for the Protection of Indigenous People’s Rights Wamafma, Filep; Moenta, Andi Pangerang; Patittingi, Farida; Ruslan, Achmad
Hasanuddin Law Review VOLUME 5 ISSUE 2, AUGUST 2019
Publisher : Faculty of Law, Hasanuddin University

The investment law policies have a positive influence on the interests and welfare of all Indonesian people. However, many legal problems arise due to overlapping regulations both at the central and regional government levels, and also in term of the implementation of decentralization. The results show that the arrangement of investment policy in West Papua against the recognition and respect for Papua indigenous people's rights are still limited to universal policies. Nationally, the policy has not clearly revealed how the form of recognition and respect for the rights of indigenous peoples and/or Papuan indigenous peoples rights related to the presence of investments in West Papua. On a regional scale, the provincial government policy in the form of regional regulations, only covers the scope of investment in West Papua, but does not fully explain how the form of recognition and respect for Papua indigenous peoples related to investment. Hence, related with the alignment of Papua indigenous people's rights in the field of ideal investment arrangements in West Papua was began with the concept of Bottom-up Development Planning, by involving indigenous peoples as a whole. This concept is based on the Optimum Suitable Yield (OSY) where the amount of natural resources that can be exploited must be based on calculations from various perspectives such as biology, economics, and even socio-political perspectives.

Rise and Fall of Democracy in Regional Government: From Assignment to Election Hakim, Muhammad Zulfan; Moenta, Andi Pangerang; Jamal, Fazil; Ilmar, Aminuddin; Ilyas, Anshori; Irwansyah, Irwansyah
Yuridika Vol. 39 No. 3 (2024): Volume 39 No 3 September 2024
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v39i3.59821

Indonesia has been trying to develop democracy since the early independence. Assignment of the head of the region conducted from 1945 to 1999. After the big reformation in 1999, which started in 2004, Indonesia started a new chapter with the direct election model for regional heads. This research tries to find the philosophy of Indonesia’s choice to select its regional leader according to the law provided. The research is normative research with a conceptual and comparative approach. The results show that the election of regional leaders in Indonesia has not always been in line with the sovereignty of the people and the concept of democracy. Political choice has had a very significant impact. However, as it turns out into practice, as an emerging country in South East Asia, even though an assignment and not by the general election, leaders or regional heads are also considered as democratic as long as it is still on the path of openness, fair game and also according to people’s approval, including if it comes from the regional representative’s choice of candidates.

KEWENANGAN PARTAI POLITIK DALAM PENARIKAN DUKUNGAN BAKAL PASANGAN CALON KEPALA DAERAH Mutawalli, Muhammad; Moenta, Andi Pangerang; Hasrul, Muhammad
Jurnal Al-Qadau: Peradilan dan Hukum Keluarga Islam Vol 8 No 1 (2021): June
Publisher : Jurusan Hukum Acara Peradilan dan Kekeluargaan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-qadau.v8i1.18072

This study aims to explain the political party authority in withdrawing support for the regional head candidate in elections, as well as providing an understanding of sanctions that targeted political parties who withdrawn or revoked their political stance by applicable regulations. This study using a legal perspective on the authority of political parties in withdrawing support and Authority Theory, Democracy Theory, Rule of Law Theory, Decision Making Theory, and Sanction Theory as supported theories. The formulation of all arguments, facts, and theoretical frameworks in this study uses empirical normative legal research methods. Data obtained and collected through books, journals, theses, and recent dissertations, interviews, and articles related to the problem. The research method in this study combines elements of normative and empirical law and data. This research is qualitative research used in library observation. This research concludes that the authority of political parties regarding the withdrawal of support for a prospective regional head candidate pair explained in three stages or processes, including the first stage is before registering candidates to the KPU, the second stage is the stage after registering with KPU, and last is the stage after the determination of a prospective pair of candidates by the KPU. Among the existing stages, there is a full space for political parties to participate and room for the KPU to organize regional head elections. So concerning the withdrawal of support, political parties are not allowed arbitrarily to withdraw or vice versa regarding their support for prospective pairs of candidates. Referring to the applicable regulations, the forms of sanctions that can be given to political parties that withdraw or revoke a candidate pair are criminal sanctions and administrative sanctions. Where administrative sanctions are considered to be less firm against political parties, in contrast to criminal sanctions (ultimum remedium) or as a last resort that is much firmer but only aimed at the leaders or leaders of the heads of the central political parties who deliberately make withdrawals. Keyword: Political Parties, Withdrawal of Support, Prospective Regional Head Candidates.

Legal Responsibilities of Members of the Makassar City Regional People's Representative Council (DPRD) to their Constituents in the Electoral District Arif, Wahyudi; Moenta, Andi Pangerang; Hasrul, Muh.
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 5 No. 2 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i2.3495

This research aims to examine the legal responsibilities of members of the Makassar City Regional People's Representative Council (DPRD) towards their constituents in the electoral district, as well as identifying the inhibiting factors faced by DPRD members in fulfilling their responsibilities towards constituents in their respective electoral areas. Employing an empirical legal research approach, the study seeks to comprehend the actual application of law and explore its functionality within the societal context, conceptualizing it as a social phenomenon influenced by various social variables. The study was conducted at the Makassar City DPRD office. Data collection methods encompassed interviews, observations, and literature review. The acquired data underwent qualitative analysis and descriptive elucidation. The research findings reveal that a significant number of elected representatives do not demonstrate expected behaviors, resulting in a considerable deficiency in their role of fulfilling responsibilities towards constituents in the electoral district. These limitations are attributed to several inhibiting factors, including inadequate community participation, limited financial allocation from the Makassar city government, constraints in meeting times and facilities, and the diverse and busy schedules of both DPRD members and constituents.

Promoting the Principle of Political Equality: Reformulation of Private Funding Source Regulations for Indonesian Political Parties Mamonto, Moch Andry Wikra Wardhana; Radzi, Mohd Shahril Nizam Bin Md; Moenta, Andi Pangerang; Ilmar, Aminuddin; Riza, Marwati
Journal of Law and Legal Reform Vol. 5 No. 3 (2024): Various Issues on Law Reform in Indonesia and Beyond
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v5i3.14457

This study examines the regulation of private funding sources for political parties, with the goal of developing a framework that ensures political equality for donors. Adopting a normative legal research approach, the study employs statutory, conceptual, and comparative methods. Data are analyzed descriptively and prescriptively to offer a comprehensive understanding of the current regulatory gaps and to propose a ius constituendum for the regulation of private political party funding. The findings reveal two key issues. First, while Indonesia has regulations governing private funding for political parties, these regulations do not comprehensively address all private funding sources, leaving certain sources unregulated or insufficiently restricted. Second, the existing regulatory framework fails to ensure political equality among donors. Based on these findings, the study recommends several reforms for more equitable regulation. Specifically, it advocates for a regulatory framework that prioritizes political equality, with detailed classifications of private funding sources—distinguishing between internal sources, such as party taxes from members holding political positions, and external sources, such as loans from individuals or legal entities. Additionally, the study proposes establishing clear limits on donor contributions, including maximum limits for both member contributions and party taxes. These reforms aim to create a more transparent and balanced system of political financing, ensuring fairer access to the political process for all donors.

The Arrangement of Investment Policy for the Protection of Indigenous People’s Rights Wamafma, Filep; Moenta, Andi Pangerang; Patittingi, Farida; Ruslan, Achmad
Hasanuddin Law Review VOLUME 5 ISSUE 2, AUGUST 2019
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v5i2.2403

The investment law policies have a positive influence on the interests and welfare of all Indonesian people. However, many legal problems arise due to overlapping regulations both at the central and regional government levels, and also in term of the implementation of decentralization. The results show that the arrangement of investment policy in West Papua against the recognition and respect for Papua indigenous people's rights are still limited to universal policies. Nationally, the policy has not clearly revealed how the form of recognition and respect for the rights of indigenous peoples and/or Papuan indigenous peoples rights related to the presence of investments in West Papua. On a regional scale, the provincial government policy in the form of regional regulations, only covers the scope of investment in West Papua, but does not fully explain how the form of recognition and respect for Papua indigenous peoples related to investment. Hence, related with the alignment of Papua indigenous people's rights in the field of ideal investment arrangements in West Papua was began with the concept of Bottom-up Development Planning, by involving indigenous peoples as a whole. This concept is based on the Optimum Suitable Yield (OSY) where the amount of natural resources that can be exploited must be based on calculations from various perspectives such as biology, economics, and even socio-political perspectives.

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