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All Journal Bestuur Ahkam: Jurnal Hukum Islam
Fatih, Sholahuddin Al
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Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

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IMPLEMENTASI PARLIAMENTARY THRESHOLD DALAM PEMILIHAN ANGGOTA DPRD PROVINSI DAN DPRD KABUPATEN/KOTA Fatih, Sholahuddin al
Ahkam: Jurnal Hukum Islam Vol 6 No 2 (2018)
Publisher : IAIN Tulungagung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21274/ahkam.2018.6.2.363-388

Abstract

Indonesia has held election since 1955. In several periods of election, there were changes of regulation. One of them is about Parliamentary Threshold. As known, Parliamentary Threshold has been applied in Indonesia in elections period of 2009 by 2.5%. In the 2014 elections, parliamentary threshold changed into 3.5% and did not apply nationally. In accordance to the mandate of the Constitutional Court Decision Number 52/PUU-X/2012, the parliamentary threshold applies only to count the number of a legitimate votes political party in the House of Representative (DPR). In election period of 2019, Parliamentary Threshold was increased to 4% and applies only to count the number of a legitimate votes political party in the House of Representative (DPR).Thus, at the level for Local House of Representative of Provincial DPRD and Regency/City DPRD shall not apply the provisions of the Parliamentary Threshold. This situation led to many political parties to parliament, which can be ineffectiveness of local government performance. Therefore, it is necessary to simulate Parliamentary Threshold to apply equitable parliamentary elections in Provincial DPRD and Regency/City DPRD and also the fair percentage of Parliamentary Threshold to create effective governance performance and simple multi-party system in region.Keywords: Implementation, Parliamentary Threshold, Election for Members of Provincial DPRD and Regency/City DPRD
Understanding Delegated Legislation in The Natural Resources Sector Fatih, Sholahuddin Al; Safaat, Muchamad Ali; Widiarto, Aan Eko; Al Uyun, Dhia; Nur, Muhammad
BESTUUR Vol 11, No 2 (2023): Bestuur
Publisher : Administrative Law Departement Faculty of Law Universitas Sebelas Mare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/bestuur.v11i2.78125

Abstract

The formation of statutory regulations is based on the authority to form. The formation of delegated regulations can originate from orders or authority. In the P3 Law, it is stated that delegated regulation is not only limited to (or “there is a space for delegated regulations other than “) Government Regulations, Presidential Regulations, and Regional Regulations, so it becomes hyper-regulation. This happens in laws and regulations in the field of natural resource management. This article aims to explain the condition of existing delegated regulation in the field of natural resources and its impact on the use of natural resources. The results of this research show that the position and types of delegated regulation in the field of natural resources are not only in the form of Presidential Regulations, Government Regulations, Ministerial Regulations, and Regional Regulations but also delegated legislation regulated in Article 8 of the P3 Law, which is not small in number The implications of delegated legislation can provide technically detailed implementing regulations down to the lowest level institutions/institutions. However, delegation not explicitly limited by the delegation criteria causes hyper-regulation by the executive agency through its functional authority. Apart from that, it opens space for unsynchronization between the substance of higher regulations and delegated regulations, thereby causing ineffective use of natural resources. This study recommends that changes be made to the Law on the Establishment of Laws and Regulations, especially concerning its hierarchy.
Co-Authors Aan Eko Widiarto Dhia Al Uyun, Dhia Muchamad Ali Safaat Muhammad Nur