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AMBIGUITAS KEWENANGAN ANTARA PEMERINTAH PUSAT DAN DAERAH PASCA UNDANG-UNDANG CIPTA KERJA Nasution, Anhar; Irwansyah, Irwansyah; Iqbal, Muhammad
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 9, No 2 (2025): Oktober
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v9i2.13541

Abstract

The allocation of authority between the central government and local governments is a fundamental element in the decentralization system of the unitary state of the Republic of Indonesia. However, the enactment of Law Number 11 of 2020 on Job Creation (the Job Creation Law) has led to ambiguity in the distribution of power, which significantly affects the effectiveness of regional autonomy. This law restructured numerous sectoral laws, including Law No. 23/2014 on Regional Government, using an omnibus law approach that has generated both structural and substantive consequences for the governance system. This study employs a normative juridical method using statutory and conceptual approaches. The data sources consist of primary legal materials such as laws and Constitutional Court decisions, as well as secondary data from relevant scholarly journals published in the last five years. The analysis was conducted qualitatively through a critical normative review of conflicting legal norms. The findings indicate that since the enactment of the Job Creation Law, there has been a significant shift of authority from regional to central government, particularly in business licensing, spatial planning, and environmental management. Legal ambiguities arise due to inconsistencies between parent legislation and its derivative regulations, as well as the vague interpretation of legal phrases that are delegative and general in nature. As a result, legal gaps emerge between the constitutional mandate for decentralization as stipulated in Article 18 of the 1945 Constitution and the centralized practices embedded in the Job Creation Law and its implementing regulations. A reformulation of the central-local government relationship is urgently needed, adopting a more harmonious and cooperative framework that upholds the genuine principle of autonomy in accordance with the Constitution. Such efforts are essential to prevent jurisdictional conflicts, enhance the legitimacy of local governments, and ensure justice and efficiency in governance
Legal liability of livestock owners for accidents on public roads in Aceh Jaya Daniel Fajri, Muhammad; Nasution, Anhar; Aguswandi, Putra; Wiratmadinata, Wiratmadinata
Jurnal Geuthèë: Penelitian Multidisiplin Vol 8, No 1 (2025): Jurnal Geuthèë: Penelitian Multidisiplin
Publisher : Geuthèë Institute, Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52626/jg.v8i1.396

Abstract

This study explores the legal liability of livestock owners for traffic accidents caused by wandering animals on public roads in Aceh Jaya Regency. The background of the study is the increasing number of road accidents involving livestock, which not only endanger road users but also reflect weak implementation of local regulations. Although Qanun No. 11 of 2021 on Livestock Control has been enacted as a legal instrument to regulate and enforce animal ownership responsibilities, its implementation is still far from optimal. The problem lies in the legal gap between the formal norms stated in the qanun and the customary legal practices that dominate in the community. This research uses an empirical juridical method by combining normative analysis with field data through interviews with livestock owners, accident victims, law enforcement officers, and local government officials. The findings reveal that legal responsibility is often resolved through informal channels such as family deliberation or customary sanctions, which are not recorded as formal legal processes. The lack of public legal awareness, weak law enforcement, absence of livestock identification systems, and limited infrastructure have hindered the enforcement of the qanun. Meanwhile, the local government has made several efforts, including socialization, animal impoundment, auctions, and applying administrative and criminal sanctions. However, these efforts still face structural and cultural challenges. Therefore, to optimize livestock control and reduce accidents, this study recommends a more integrated approach involving the synchronization of formal and customary laws, digital registration of livestock, development of collective livestock shelters, and strengthening public legal education. This research contributes to the discourse on legal accountability in decentralized governance areas and emphasizes the need for regulatory reform that is sensitive to local socio-cultural contexts. A collaborative model involving local governments, traditional leaders, and civil society is essential for creating an effective and sustainable legal framework to protect public safety on roads