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All Journal PROGRESIF: Jurnal Hukum Jurnal Konstitusi South East Asian Journal of Advanced Law and Governance
Kurnia Illahi, Beni
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Humanities Law, Crime, Criminology & Criminal Justice

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Legal Standing to the Corruption Eradication Commission as a Applicant for the Dissolution of a Political Party at the Constitutional Court: Legal Standing Komisi Pemberantasan Korupsi Sebagai Pemohon Pembubaran Partai Politik di Mahkamah Konstitusi Saifulloh, Putra Perdana Ahmad; Kurnia Illahi, Beni; Ivana Barus, Sonia
Jurnal Konstitusi Vol. 20 No. 2 (2023)
Publisher : Constitutional Court of the Republic of Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31078/jk2028

Abstract

This study criticizes the weakness of the regulation that solely grants Legal Standing for Petitioners seeking the Dissolution of Political Parties at the Constitutional Court to the Government, comprising the Attorney General and the Minister appointed by the President. Another approach is necessary for the Dissolution of Political Parties, which entails providing Legal Standing to the Corruption Eradication Commission, an Executive Entity that is not directly subordinate to the President. Public Trust in the Corruption Eradication Commission remains considerably high, rendering it suitable for representing the Government as a Petitioner for the Dissolution of a Political Party. Consequently, legislators must revise the Constitutional Court Law, the Corruption Eradication Commission Law, and the Constitutional Court's Regulation regarding Procedures for the Dissolution of Political Parties, thereby granting legal standing to the Corruption Eradication Commission as the Petitioner for Dissolving Political Parties.
Desain Kebijakan: Percepatan Penggunaan Dana Penanganan Covid19 Berbasis Kinerja Kurnia Illahi, Beni; Saifulloh, Putra Perdana Ahmad
PROGRESIF: Jurnal Hukum Vol 15 No 1 (2021): PROGRESIF: Jurnal Hukum
Publisher : Fakultas Hukum Universitas Bangka Belitung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33019/progresif.v16i1.2210

Abstract

The government must issue a legal instrument in handling COVID-19 so that as soon as possible the budget reaches Rp.695.2 trillion. But the problem is in every budget implementation, low budget absorption is an undeniable phenomenon and almost always occurs every year both at the Ministry/Institution (K/L) and Regional Levels, including in the context of tackling the COVID-19 pandemic. Answering this problem, it is necessary to know the regulation and dynamics of performance-based budget absorption and the factors that influence it in an emergency for the response to the COVID-19 pandemic and How to Design Government Policies in Accelerating the Use of Covid-19 Countermeasures Funds Based on the Concept of Performance-Based Budgeting. Policy design, namely: (i) increasing the capacity of the financial managers of work units (satker) in preparing plans for withdrawing funds and planning for procurement; (ii) refining regulations, particularly in regards to procedures for revision of yearly budgets which give greater authority to budget users and budget users in completing budget revisions and procedures for issuing multi-year contract permits; (iii) enhancing the role of the internal control apparatus of state ministries / institutions as well as quality control units in each state ministry/institution in monitoring the implementation of activities by each work unit.
Presidential Power in the Formation of Cabinet Posture after the State Ministries Law 2024 Kurnia Illahi, Beni; Simabura, Charles; Kabullah, Muhammad Ichsan
Southeast Asian Journal of Advanced Law and Governance (SEAJ ALGOV) Vol 1 No 2 (2024): Public Law and The Risk of Democration Regression
Publisher : Fakultas Hukum Universitas Gadjah Mada

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22146/seajalgov.v1i2.15929

Abstract

The President has the authority to determine the structure of the government under him as part of the President’s prerogative rights as regulated by Article 17 of the 1945 Constitution. Ironically, the Government and the House of Representatives insisted on changing the substance of Law No. 39 of 2008 concerning State Ministries through a swift amendment resulting in the enactment of Law No. 61 of 2024. One significant change in the new regulation is the removal of the limitation on the number of state ministries. It is necessary to examine how the constitutional mandate and the Law on State Ministries limit the president’s power in designing the cabinet posture in Indonesia. Second, what are the implications of unlimited presidential power in forming the cabinet posture from the administrative law and state finances perspective? This research uses normative juridical legal research with a descriptive nature and a prescription form. Based on the research, there are 4 (four) priority issues, first, the rise in the number of ministries will have an impact on the state budget’s ability to finance it, implications for the apparatus and infrastructure that will run government administration, further complicates the coordination function and authority between ministries, and the increasement is not in line with the government’s spirit to simplify the state institutions and regulations.
Co-Authors Ivana Barus, Sonia Muhammad Ichsan Kabullah Putra Perdana Ahmad Saifulloh, Putra Perdana Ahmad Simabura, Charles