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Traditional (Culinary) Markets as A Tourist Village during The COVID-19 Pandemic and Post-COVID-19 Period: A Socio-Legal Study Mangunsong, Nurainun; Hanum, Willy Naresta; Kwarteng, Abdul Hamid
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol. 12 No. 2 (2023): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/sh.v12i2.3125

Village tourism is one of the flagship projects and tourism development priorities of the Yogyakarta Regional Government (DIY Regional Regulation No. 1 of 2019) to optimize the potential of village resources to improve the welfare and economic independence of village communities (Law No. 6 of 2014). To optimize the policy, the DIY Government has developed a management system in the 2015–2025 Regional Tourism Development Master Plan with the facilitation of a Tourism Village Pioneer towards an Independent Tourism Village. The management includes the planning, implementation, and control of tourism village activities. This study will examine the implementation and dynamics of regulations during the COVID-19 pandemic and post-COVID-19. To explain and measure the policy, an empirical (socio-legal) study was conducted on one of the tourist villages, "Pasar Kuliner Belik Sonto" Sleman, as a sample, which had received a grant from the Ministry of Tourism in 2021 for a pilot tourism village management model. The study results concluded that the governance of tourist villages such as the Belik Sonto Gamplong I Traditional Culinary Market during the COVID-19 period did not appear optimal. It is due to the lack of conceptual standardization of institutional governance and in terms of regulations. Meanwhile, post-COVID-19, tourism village governance entering the recovery and normalization phase needs to reformulate tourism village development plans and resources towards resilient and superior tourism villages through product innovation, synergy between various parties, the government, and related regional apparatuses, collaborative variations of tourism village events, and the development of marketing systems. This governance fully adapts to various post-COVID-19 mitigation regulations by developing tourism village safety and health infrastructure.

Industrialization of Election Infringement in Simultaneous Elections: Lessons from Sweden Putra Perbawa, Ketut Sukewati Lanang; Hanum, Willy Naresta; Atabekov , Almaz Karimovich
Journal of Human Rights, Culture and Legal System Vol. 4 No. 2 (2024): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jhcls.v4i2.170

Election violations are increasingly occurring on a massive scale. In Indonesia, by early 2024, 1,032 violations had been handled only for the simultaneous general elections for president, vice president, and members of national and regional legislatures. Meanwhile, the results of handling violations in the 2019 simultaneous elections increased sharply to 21,169 cases, or an increase of 58.3% from 2014. This was due to the material on Indonesia's general election regulations, which overlapped and were not in harmony with the Constitution and judges' decisions. This research aims to analyze the issues surrounding simultaneous general elections in Indonesia and outline alternative progressive policies for achieving democratic governance with dignity and integrity during the next general election. This research focuses on normative law, utilizing statutory and conceptual approaches that pertain to democracy, elections, and various types of violations. To get an overview of the new policy, this research compares the handling of election violations in Indonesia with that in Sweden. The research results show violations of the general election administration, the code of ethics for election organizers, election crimes, and other legal violations in Indonesia and Sweden. However, Sweden still maintains its democratic stability. Several election manipulation factors that become fraud or violations are the manipulation of election rules, the manipulation of vote conditioning in the form of money politics, the updating of voter lists, and the conditioning of candidate requirements to cyberattacks. Therefore, it is crucial for regulations, participants, and the voting public to reevaluate the integrity of elections.

The Restructuring Righteous Foreign Worker Regulations: The Challenge of Enormous Influx of Foreign Workers Jaelani, Abdul Kadir; Hanum, Willy Naresta
Jurnal Hukum Vol 40, No 1 (2024): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jh.40.1.88-117

Foreign workers are needed to overcome the challenge of a shortage of professional workers. However, the ineffectiveness of foreign worker licensing regulations in Indonesia hampers the supply of qualified foreign workers and impacts regional levy revenues. This research aims to structure the rules for the fair use of foreign workers. This is normative juridical research with conceptual, statutory, and comparative approaches. The results of a comparison of foreign worker regulations in Indonesia and Singapore are used to develop a regulatory concept that is more responsive to the use of foreign workers, especially in the health sector. The idea of licensing law and justice theory is used for analysis. The research results show that the regulations on using foreign workers in Indonesia are not yet comprehensive regarding the rules for qualifying foreign workers as a condition for issuing permits and justifying good public services. The issuance of permits to use foreign workers has been hampered because several regions do not yet have implementing regulations that impact the collection of regional levies. Second, setting up mechanisms for utilizing foreign workers in Singapore is relatively easy and successful with strict digital-based permit requirements. Thus, Indonesia needs to adopt a foreign labor policy system with strict requirements for issuing permits that are accessible in terms of bureaucracy, changes to laws, implementation of regulations, and drafting of regional regulations.

Eliminating Ecological Damage in Geothermal Energy Extraction: Fulfillment of Ecological Rights by Proposing Permits Standardization Hanum, Willy Naresta; Ha , Tran Thi Dieu; Firmandayu, Nilam
Journal of Law, Environmental and Justice Vol. 2 No. 2 (2024): Journal of Law, Environmental and Justice
Publisher : CV. Ius et Ambientis

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62264/jlej.v2i2.105

The rights of living things and inanimate objects in an ecological unity must be fulfilled in a balanced and fair manner. However, the shift in licensing arrangements to approve geothermal utilization in conservation forest areas has degraded the power of supervision. Likewise, the non-rigidity of the standardization of geothermal permit criteria has also resulted in the utilization of geothermal energy not being by the principles of ecological justice. This study is a normative study that uses a legislative approach by analyzing legal materials. The regulations used relate to geothermal regulations and licensing. The main theories used for the analysis are ecological justice and the triangle of energy. This study shows that, first, the issuance of geothermal permits should be strengthened by returning the requirements for approval of forest area utilization and environmental approval to remain in the form of permits to provide legal force for supervision and control of geothermal impacts in forest areas and the environment in general. Second, geothermal utilization permits in conservation forest areas need to be standardized. This study recommends changes to geothermal regulations that adopt the values of ecological justice, which are fair to humans and non-humans. Geothermal utilization must be supported to carry out the energy transition, but guarantees of rights for non-humans in ecosystem units must be given proportionally. Non-humans must not suffer losses due to the tendency of natural resource utilization, which only benefits the economic aspect of humans.

Existence of Human Rights Protection in Land and Mining Conflicts: Evidence from Indonesia Hanum, Willy Naresta; Zaman, Muhamad Nafi Uz
Journal of Law, Environmental and Justice Vol. 2 No. 3 (2024): Journal of Law, Environmental and Justice
Publisher : Ius et Ambientis

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62264/jlej.v2i3.107

Human rights should not be subject to reduction under any circumstances except where such reductions are explicitly justified by law. In agrarian conflicts, regulations governing land acquisition may infringe upon individuals' fundamental rights, including land ownership rights, in the name of public interest. However, the extent to which the law can diminish the fundamental rights of citizens remains a subject of ongoing debate. This study explores how human rights can be preserved in agrarian conflicts, particularly those involving land acquisition for public interest, followed by mining disputes. This doctrinal research employs a statutory, conceptual, and case study approach. The findings indicate that human rights in land and mining conflicts can be upheld if there is alignment between legal frameworks, the actions of field officers, and the idealism of judges in making rulings that prioritize protecting human rights. Moreover, the concept of land acquisition for public interest should not be construed as automatically granting the government the right to repurpose land for other purposes, even when such purposes are related to the primary objective of the land acquisition.

RETHINKING LEGISLATIVE TERM LIMITS: SAFEGUARDING DEMOCRATIC RENEWAL IN CONSTITUTIONAL STATE OF INDONESIA Ristyawati, Aprista; Utama, Yos Johan; Wardhani, Lita Tyesta Addy Listya; Hanum, Willy Naresta
Diponegoro Law Review Vol 10, No 1 (2025): Diponegoro Law Review April 2025
Publisher : Fakultas Hukum, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/dilrev.10.1.2025.16-28

Indonesia’s constitutional framework enshrines the separation of powers among the executive, legislative, and judicial branches, yet only the legislature lacks explicit term‐limit provisions for its members. This normative legal analysis examines the democratic and legal implications arising from this regulatory gap and proposes strategies to safeguard legislative renewal. Utilizing primarily on secondary sources—statutes, academic literature, and comparative analyses—the research employed both statutory and conceptual approaches to assess existing laws, notably Law No. 17 of 2014 on the People’s Consultative Assembly and House of Representatives and Law No. 7 of 2017 on General Elections. The analysis identifies three core deficiencies: first, the lack of term limits undermines legal certainty by leaving tenure duration indeterminate and susceptible to arbitrary interpretation; second, unlimited re‐election fosters power entrenchment, increasing risks of corruption, collusion, and nepotism, and weakening the legislature’s oversight and budgetary functions; third, perpetual incumbency impedes generational renewal, diminishing internal party democracy and restricting political recruitment. Drawing comparative insights from Australia’s staggered Senate terms illustrate how structured tenure can promote dynamism while retaining institutional memory. In response, the study advocates for a clear legislative amendment that caps legislators’ service to two consecutive terms, aligned with principles of accountability, rotation of power, and open political recruitment. Additionally, it recommends that political parties institutionalize transparent internal mechanisms and enforce term‐limit rules to ensure cadre development and democratic governance. By codifying legislative term limits and fostering proactive party roles, Indonesia can strengthen constitutional checks and balances, enhance the legislative quality, and secure sustainable democratic renewal.

Post-Mining Land Use Regulations and Practices in the United States of America: Lesson for Indonesia Saputra, Rian; Hanum, Willy Naresta; Gunawan, Vincent Ariesto
Journal of Law, Environmental and Justice Vol. 3 No. 1 (2025): Journal of Law, Environmental and Justice
Publisher : CV. Ius et Ambientis

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62264/jlej.v3i1.118

This research assesses practices and legislation about post-mining land utilization in the United States. This paper examines insights from these practices and legislation within the Indonesian legal environment. This study employs a normative legal methodology within a comparative legal framework. The research indicates that the United States’s post-mining land use policies and practices are regulated by the Surface Mining Control and Reclamation Act (SMCRA) and different federal regulations supporting public purposes such as airports, shopping centers, and industrial zones. Rigorous supervision is enforced on post-mining land prior to its designation as appropriate for use. Specialized land management methods are implemented when mining occurs on prime agricultural land. The efficacy of reclamation is significantly contingent upon the use of scientifically substantiated optimal management practices that emphasize ecological restoration and biodiversity enhancement. Longitudinal studies in the United States about ecological reclamation demonstrate that effective strategies, including surface soil replacement and customized planting schemes, markedly enhance the likelihood of successful revegetation of former mining sites. The United States offers a robust framework underpinned by comprehensive policies and efficient implementation that Indonesia can adopt. Future adoption of post-mining land use policies and practices in Indonesia should establish a harmonious equilibrium that fosters sustainable development, preserves environmental integrity, and promotes active community engagement.

Regulating the Witness and Victim Protection Agency: Managing Safe Houses for Victims in Indonesia Herawati, Ratna; Hanum, Willy Naresta; Nurjanah, Neni
LITIGASI Vol. 26 No. 1 (2025)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v26i1.22510

The state is obliged to protect victims of sexual violence, especially those who are most vulnerable, and this obligation is also a fundamental right of victims. One of these rights is access to temporary housing, often called a safe house, provided by LPSK. However, the governance of safe house management in the regions is not optimal, especially in the relationship between institutions at the center and regions and the representation of institutions in the regions, so it is not optimal in guaranteeing victims' rights. The urgency of this study is to analyze the LPSK policy in managing safe houses throughout Indonesia, the various challenges of institutional relations, and the distribution of representative safe houses in the regions. This study uses doctrinal research with analytical-descriptive specifications and utilizes secondary data. The legislative approach is used to examine laws and regulations on protecting victims of violence and developing LPSK institutions. The conceptual approach analyzes the concept and theory of state institutions, authority, and victim protection. This study shows that legal protection for victims of sexual violence to fulfill the right to a safe house by LPSK does not yet have integrated cooperation with the regional office managing the safe house. Cooperation is actually carried out with other institutions. The implementation of LPSK protection for victims of sexual violence has experienced institutional problems that have affected the formation of LPSK representatives at the regional level and coordination between regional institutions, which is exacerbated by the lack of quantity and quality of human resources...

Criminal Liability for Corruption of Bribery: Problems and Legal Reform Saputra, Rian; Zaid, M; Wibowo, Muhammad Kurniawan Budi; Hanum, Willy Naresta; Triasari, Devi
Journal of Law and Legal Reform Vol. 6 No. 4 (2025): October, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i4.22251

This study aims to clarify the concerns of bribery and corruption within Indonesia’s legal framework for combating corruption, particularly with the duality in establishing legal norms that support criminal liability for bribery offenses. After identifying the concerns, this study aims to suggest ideas for amending bribery and corruption legislation based on legal certainty. This normative legal examination utilizes a legislative methodology and a comparative law framework. The study’s findings reveal that the Corruption Eradication Law, which regulates bribery offenses, engenders legal ambiguity in enforcing such crimes, as the legislators, namely the government and the Indonesian Parliament, have instituted provisions for bribery offenses that lack consistency. The manifestation of this phenomenon is mainly determined by the subjective assessments of law enforcement officials concerning the relevant statute. The subjective discretion of law enforcement officials in choosing relevant statutes may lead to the abuse of power concerning civil servants,state officials, and judges who accept bribes. To establish legal certainty, criminal liability for bribery may be achieved by amending Article 12(a) of the Corruption Eradication Law as follows: A civil servant or state official who accepts a gift or promise, with knowledge or reasonable suspicion that it is intended to induce him to act or refrain from acting contrary to his obligations, shall face a prison sentence of no less than 1 year and no more than 20 years, in addition to a penalty equivalent to five times the value of the bribe.

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