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All Journal Hasanuddin Law Review Al-Manhaj: Jurnal Hukum dan Pranata Sosial Islam Yuridika
Moenta, Andi Pangerang
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Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

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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

Abstract

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

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (523.253 KB) | DOI: 10.20956/halrev.v5i2.2403

Abstract

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

Abstract

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.
Co-Authors Achmad Ruslan, Achmad Aminuddin Ilmar Arif, Wahyudi Hakim, Muhammad Zulfan Hasrul, Muh. Ilyas, Anshori Irwansyah Irwansyah Jamal, Fazil Patittingi, Farida Wamafma, Filep