Rahmawati Al Hidayah
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Urgensi Pembentukan Peraturan Desa tentang Pengelolaan Pasar Tuah Benua Desa Sepaso Kabupaten Kutai Timur Kiki Rustyanti; Rahmawati Al Hidayah; Alfian Alfian
Majelis: Jurnal Hukum Indonesia Vol. 2 No. 4 (2025): November : Majelis : Jurnal Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/majelis.v2i4.1249

Abstract

This research discusses the urgency of establishing a Village Regulation regarding the management of Tuah Benua Market to identify legal issues and the urgency of forming a village regulation. Minister of Home Affairs Regulation Number 42 of 2007 concerning Village Market Management does not specifically regulate market fees, sanctions, and prohibitions on trading outside Tuah Benua Market, resulting in a legal vacuum. This research uses empirical legal methods with direct observation and interviews in the field. The research results are expected to provide recommendations for the formation of effective Village Regulations in the management of Village Markets and support local economic development. The formation of a Village Regulation on the management of Tuah Benua Market is crucial to create legal certainty and improve the management of the Village Market. Village Regulations can regulate prohibitions on trading outside the market area, sanctions for traders who violate, and market fee policies. Thus, Tuah Benua Market can become a orderly, conducive, and beneficial trading center for the surrounding community. Village Regulations must be made considering the needs of the village community and implemented effectively to create a conducive and fair trading environment.
Implikasi Keterlambatan Pembentukan Peraturan Pemerintah terhadap Undang-Undang Abdul Malik Mahir Mustafa; Insan Tajali Nur; Rahmawati Al Hidayah
Majelis: Jurnal Hukum Indonesia Vol. 3 No. 1 (2026): Februari : Majelis : Jurnal Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/majelis.v3i1.1503

Abstract

The untimely formation of government regulations on the delegation of laws is still a serious problem in the practice of forming laws and regulations in Indonesia. It was recorded that from 2021 to 2023 there were 16 government regulations that were formed late, which shows that there are problems in the follow-up mechanism for legislation delegations. The author analyzes whether the government has a legal obligation in the timeliness of the formation of government regulations as implementing rules. In addition, this study also examines the juridical and practical implications of the law if a delegated government regulation is formed late. The data used are quantitative and supported by doctrinal research methods through the analysis of laws and regulations, expert opinions, and related legal literature. The results of the study show that the government has a legal obligation to form government regulations in a timely manner. The delay in the formation of government regulations has an impact on disrupting the effectiveness of the implementation of the law and causes some provisions to not be implemented optimally because the implementing instruments are not yet available according to the specified deadline. In addition, these delays have the potential to cause legal uncertainty for the public, law enforcement officials, and policy implementing agencies. The vacuum of implementing rules can also trigger differences in interpretation, hinder policy implementation, and increase the risk of legal disputes. Therefore, this study emphasizes the importance of stricter monitoring and evaluation mechanisms against the deadline for the formation of government regulations to ensure legal certainty and regulatory effectiveness.