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Kusworo, Daffa Ladro
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Redesain Konsep Konsultasi Pembentukan PKPU Dalam Menindaklanjuti Putusan Mahkamah Konstitusi Kusworo, Daffa Ladro
Jurnal Konstitusi & Demokrasi Vol. 5, No. 1
Publisher : UI Scholars Hub

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Abstract

The research aims to identify problems in the implementation of consultation as part of the mechanism of regulation formation between KPU and DPR and the government, especially in following up the Constitutional Court's decision. The research begins by first describing the dynamics of the consultation process and its results, which are passive and tend to be formalistic after the conclusion of the RDP forum is no longer binding based on the Constitutional Court Decision 92/PUU-XIV/2016. This research uses a doctrinal method that refers to the laws and regulations related to the consultation process of the KPU together with the DPR and the government in the formation of regulations. The research aims to identify problems normatively and connect them with legal facts obtained. The research uses analytic-explanatory typology by describing the existing problems to further find the causality (cause-and-effect) of a problem. The results showed that the implementation of the RDP forum was passive and did not even pay attention to the correction of substantive errors such as in PKPU related to the requirements for former convicts to run for office. This phenomenon should be an evaluative study in the legal validity and technical procedures of the RDP forum, which turns out that there is a disharmonization of consultation provisions between the Pilkada Law and the Election Law with the MD3 Law.
Reformulation of Decision-making System in ASEAN Syofyan, Ahmad; Azizah, Siti; Akayleh, Shaker Suleiman Ali Al; Panjaitan, Oksha Dwi Anugrah; Kusworo, Daffa Ladro
Hasanuddin Law Review VOLUME 9 ISSUE 3, DECEMBER 2023
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v9i3.4912

Abstract

ASEAN is a regional organization for Southeast Asia that was established on 8 August 1967 by five ASEAN countries at the time, namely Indonesia, Singapore, Malaysia, Thailand and the Philippines. Today, ASEAN has eleven members with Timor Leste as the youngest member. Like any other international organization, ASEAN has its own decision-making system. The decision-making system in ASEAN before the Charter was only consultation and consensus. That is, decision making based on the agreement of all members and can only be decided if no one refuses, this refers to the Bangkok Declaration. Meanwhile, after the establishment of the 2007 ASEAN Charter, there is a new decision-making system, namely ASEAN Minus-X. A decision-making system that does not rely on the approval of all its members, so that a policy can be decided even if only approved by a few members. This decision-making system can only be done in the economic field. From these two decision-making systems, there are several challenges that exist so that new ideas emerge to reformulate the decision-making system in ASEAN, which is considered relevant to the times and can accommodate all the interests of ASEAN members.
Penafsiran Ekstensif Kerugian Keuangan Negara Dalam Korupsi Sumber Daya Alam Sektor Timah: Studi Komparatif Negara-Negara Berkembang Kusworo, Daffa Ladro; Anggraini, Titi
Integritas: Jurnal Antikorupsi Vol. 10 No. 2 (2024): INTEGRITAS: Jurnal Antikorupsi
Publisher : Komisi Pemberantasan Korupsi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32697/integritas.v10i2.1280

Abstract

The precedent of state losses in regulations is still limited to the paradigm of nominal losses, which is clearly different from the type of corruption in natural resources, particularly when considering environmental damage benchmarks in ecological, economic, and environmental recovery aspects. Unfortunately, Article 2, Paragraph 1, and Article 3 of the Eradication of Criminal Acts of Corruption Law, which defines the term “state financial losses,” creates confusion in interpretation because it is different from other regulations, such as Minister of Environment Regulation No. 7/2014. In this regulation, state economic losses due to environmental damage and recovery costs are included as non-tax state revenue. It's unfortunate that government's right to sue in civil realm is used for compensation, and not for environmental restoration. This practice creates a conflict between corruption losses in the environmental aspect and the paradigm of state finances. This research is based on a doctrinal method that refers to legislation as the basis for hypothesis testing to dichotomize the interpretation of state losses, accompanied by a comparison with other countries. The results show that state financial losses interpretation needs to be seen casuistically through multi-regime investigation paradigm, namely by combining formulation unlawful acts between regulations. In fact, the practice of natural resource corruption is rampant in developing countries due to a lack of determination regarding losses and appropriate environmental corruption sanctions for perpetrators.
Sosialisasi Upaya Perlindungan Hukum Atas Hak-Hak Pasien dan Tenaga Medis di Puskesmas Sukamaju Kota Bandar Lampung Eka Deviani; Yuniati, Ati; Kusworo, Daffa Ladro; Febbiazka, Karmilla
Nemui Nyimah Vol. 3 No. 2 (2023): Nemui Nyimah Vol.3 No.2 2023
Publisher : FT Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23960/nm.v3i2.67

Abstract

Health law essentially provides legal certainty and protection, both for providers of health services and for recipients of health services, requiring a dynamic health law. For example, such as health workers who commit errors or negligence in carrying out their profession may be subject to disciplinary action determined by the Health Workers Disciplinary Council (Jo: Article 54 paragraphs 1 and 2 of Law No.23 of 1992 concerning health Jo. P No.32 of 1996 concerning health workers). Based on the results of a social approach to several communities in the inpatient health center of Sukamaju Village, East Bay Betung Subdistrict, Bandar Lampung City, they have never known the existence of Law No.36 of 2009 concerning Health, and do not understand about health services, patient protection, environmental health, health provision regulated in Law No.36 of 2009 concerning Health, so in this case socialization is needed as an effort to instill knowledge about the legal protection they have as patients. The methods considered relevant to achieve the above objectives are the lecture method and the discussion method, which are methods used to convey material about Law No.36 of 2009 concerning Health. The results showed that an understanding of the rights of patients and medical personnel in accordance with applicable legal procedures makes the community know what rights can be received based on the legal procedures in force.
Co-Authors Abdulkadir, Abdulrazaq Owolabi Ahmad Syofyan Akayleh, Shaker Suleiman Ali Al Anggraini, Titi Dewi, Clarissa Rahma Eka Deviani Eka Deviani Fauzi, Maghfira Nur Khalifa Fauzi, Maghfira Nur Khaliza Febbiazka, Karmilla Fitra Arsil NURMAYANI NURMAYANI Panjaitan, Oksha Dwi Anugrah Pratama, Andre Arya Putri, Marlia Eka Siti Azizah Yudhi, Rifka Yuswanto Yuswanto