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IMPLEMENTATION GAP IN PUBLIC-PRIVATE PARTNERSHIP (PPP) FOR INFRASTRUCTURE DEVELOPMENT K., Andriansyah Tiawarman; Sara, Rineke
International Journal of Social Service and Research Vol. 4 No. 12 (2024): International Journal of Social Service and Research
Publisher : Ridwan Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/ijssr.v4i12.1130

Abstract

Infrastructure is one of the most important pillars in the development of a civilization, especially for archipelagic countries like Indonesia, which faces unique geographical challenges. The gap in the implementation of Government and Business Entity Cooperation (KPBU) in infrastructure development in Indonesia has become an increasingly pressing issue to address. This research discusses the importance of regulatory renewal in Public-Private Partnerships (PPP) to address existing gaps. The research utilized various data sources, including legislative texts, government regulations, legal documents, and policy papers relevant to PPP in Indonesia. The analytical approach allowed for a deeper exploration of the dynamics and implications of the existing regulations, focusing on their effectiveness and applicability in real-world scenarios. The author was able to articulate the challenges faced in the application of PPP regulations and propose targeted recommendations for regulatory renewal and improvement. This study could involve comparative analyses of best practices in regulatory frameworks from other countries that have successfully addressed similar infrastructure challenges, providing valuable insights for the Indonesian context. Ultimately, this research could contribute to creating a more responsive and adaptive regulatory framework that supports sustainable and equitable infrastructure solutions in Indonesia, ensuring that the needs of society are met while fostering a conducive environment for investment.
LEGAL UNCERTAINTY IN GOVERNMENT REGULATION NUMBER 51 OF 2020 REGARDING THE TEN-YEAR PASSPORT VALIDITY PERIOD Diatmika, Komang Trisna; Sara, Rineke
International Journal of Social Service and Research Vol. 4 No. 12 (2024): International Journal of Social Service and Research
Publisher : Ridwan Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/ijssr.v4i12.1132

Abstract

This study examines the legal uncertainty arising from the implementation of Government Regulation No. 51 of 2020 concerning the change in passport validity from 5 years to 10 years, as well as the need for legal reform to address the issue. Legal uncertainty occurs due to the absence of clear implementing regulations, thus affecting the effectiveness of policy implementation in the field of immigration administration, including tariff adjustments and management of passport forms. The purpose of this study is to analyze the lack of clear implementing regulations and their impact on immigration administration, proposing solutions such as creating comprehensive guidelines, legal harmonization, and system updates to ensure policy execution. This research utilizes the normative method to analyze the legal uncertainty surrounding Government Regulation Number 51 of 2020 by examining the relevant legal standards. This study finds that the enactment of Government Regulation No. 51 of 2020 has created legal uncertainties, particularly regarding the transition for existing passports, fee adjustments, and administrative procedures. These ambiguities may disrupt immigration services and confuse both the public and immigration officers, calling for clear guidelines and implementing regulations to ensure the smooth execution of the policy. This study recommends legal reform by preparing comprehensive implementing regulations, harmonization with related laws, and updating the administrative system to support policy implementation. This study suggests a more adaptive legal framework and increases the capacity of technology and human resources to face future immigration challenges.
Reformasi Hukum Mengenai Penguatan Pelaksanaan Eksekusi Oleh Komisi Pengawasan Persaingan Usaha Sara, Rineke; Pratama Sarwono, Aditya; Nandang, Asep; Samuel Wuisan, Ronald
JURNAL RETENTUM Vol 5 No 2 (2023): SEPTEMBER
Publisher : Pascasarjana UDA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46930/retentum.v7i1.5390

Abstract

This study discusses the obstacles faced by the Business Competition Supervisory Commission (KPPU) in enforcing competition law, with a focus on the difficulty in obtaining adequate evidence, the lack of authority to force related parties, and the unclear procedures that can harm the reporter and the reported. The research method used is a normative legal approach with an analysis of Law No. 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition. The main findings show that the KPPU faces serious obstacles in enforcing the law due to the lack of direct execution authority, non-transparent procedures, and the lack of legal protection for reporters. This study recommends several steps, including synchronizing Law No. 5 of 1999 with civil procedural law, granting direct execution authority to the KPPU, adding more stringent and effective sanctions, and increasing coordination between law enforcement agencies to accelerate the implementation of decisions and create a healthier and fairer business competition system.
Pembaharuan Hukum Perlindungan Jurnalistik Dalam Rangka Kebebasan Pers Berdasarkan Nilai Keadilan Sara, Rineke; Lineker, Tyson; Daton, Febianus Seran; Batubara, Muhamad Iqbal Zein
JURNAL RETENTUM Vol 5 No 2 (2023): SEPTEMBER
Publisher : Pascasarjana UDA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46930/retentum.v7i1.5388

Abstract

Freedom of the press as a pillar of democracy often faces threats from regulations that are open to multiple interpretations, such as articles in the Electronic Information and Transactions Law (UU ITE) that can be used to criminalize journalists and limit the public's right to information. This study aims to reconstruct ideal regulations based on the value of justice by placing press freedom as the main priority, as well as guaranteeing the public's right to obtain correct and transparent information. The study uses a normative legal method with a legislative and conceptual approach to evaluate the weaknesses of existing regulations, especially the ITE Law and the Press Law, and to provide concrete recommendations. The results of the study underline the importance of revising the multi-interpretable articles in the ITE Law, strengthening the Press Law as a legal umbrella for press freedom, and developing a more efficient dispute resolution mechanism to protect journalists from legal or physical intimidation. The main conclusion shows that collaboration between the government, supervisory institutions, and the community is needed to ensure a safe environment for journalists, so that press freedom can be realized optimally as the main link between the public and information.
Government Legal Responsibility from a Human Rights Perspective in the Health Sector Dwi Prakoso, Agung; Sara, Rineke; Barthos, Megawati
Jurnal Hukum Indonesia Vol. 3 No. 2 (2024): Jurnal Hukum Indonesia
Publisher : Riviera Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58344/jhi.v3i2.739

Abstract

Ensuring health for the community in receiving quality and adequate medical services as a basic right is the government's responsibility, which is regulated in Article 28H of the 1945 Constitution and Law Number 36 of 2009 concerning Health. The government is obliged to fulfill the public's right to health in accordance with its capabilities and resources, and must not limit or hinder the public's access to adequate health services. This research aims to protect people's rights to medical services that are supported through legal protection. This research uses a normative legal approach and uses secondary data sourced from laws, journals and analytical descriptive articles. The results of this research are used to gain deeper insight into health problems, determine them, and then proceed with scientific solutions in accordance with Law no. 39 of 1999 concerning Human Rights and Law no. 36 of 2009 concerning health. It is stated that the people's right to health is a human right for all human beings that must be fought for. The 2014 law establishes health service standards as an instrument of a legal system based on the principle of the supremacy of law to ensure compliance with health regulations as well as human rights.
Electronic Land Certificate Ownership as an Effort to Protect the Personal Data Law of the Community Ariansyah, Ruli; Barthos, Megawati; Sara, Rineke
Jurnal Hukum Indonesia Vol. 3 No. 2 (2024): Jurnal Hukum Indonesia
Publisher : Riviera Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58344/jhi.v3i2.741

Abstract

Electronic land administration will replace systems that are still conventionally based. The aim of this research is to provide protection for personal data for people who have electronic land certificates so that they are right on target. Normative legal research uses qualitative methods with secondary data originating from documents, publications and research reports, and tertiary data functions as a guide and explanation for primary and secondary data. The results of the research conclude that ownership of electronic land certificates is necessary to improve the security of electronic systems owned by the government. UURI no. 5 of 1960 concerning Agrarian Principles and Regulation of the Minister of Agrarian Spatial Planning/National Land Agency No. 1 of 2021 concerning Electronic Certificates which provides new technology in land registration services. Staff to support administration to use information technology and data validation. As a result, speed and innovation are needed to secure multiple uses of personal data. Therefore, electronic or digital certificates must be socialized first to the public to better understand and provide legal certainty in their application
The Urgency of Implementing the Police Professional Code of Ethics Based on the Indonesian National Police Regulation Number 7 of 2022 in Addressing Abuse of Authority and Increasing Public Trust in the Police Institution Erikha, Annisa; Sara, Rineke
Indonesian Journal of Multidisciplinary Science Vol. 4 No. 9 (2025): Indonesian Journal of Multidisciplinary Science
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/ijoms.v4i9.1143

Abstract

Based on Indonesian National Police Regulation Number 7 of 2022, this study attempts to examine police personnel' accountability in cases of transgressions of the Police Professional Code of Ethics. The study highlights the urgency of implementing the code of ethics as an instrument for supervising and controlling the behavior of police officers in order to maintain professionalism, integrity, and public trust in the police institution. This study employs a normative legal approach as its methodology, examining case studies and laws pertaining to ethical transgressions by police. The findings show that the application of the code of ethics, which incorporates elements of personal, social, institutional, and state ethics, has provided a clearer legal framework in enforcing moral and professional standards for police officers. However, challenges still exist in its implementation, including a lack of transparency in the enforcement process and ongoing cases of abuse of power that tarnish the police's image. Therefore, there is a need to strengthen the supervision mechanisms, increase accountability through the Police Code of Ethics Commission (KKEP), and optimize sanctions that are educational and have a deterrent effect on violators. The main conclusion of this study is that the success of enforcing the police professional code of ethics greatly depends on the effectiveness of regulations, consistency in the application of sanctions, and the involvement of the public in overseeing police performance to ensure that every police officer performs their duties with the highest regard for legal values, justice, and human rights.
Legal Position of Restorative Justice Enforcement in Indonesia Amrizal, Amrizal; Sara, Rineke
Indonesian Journal of Multidisciplinary Science Vol. 4 No. 9 (2025): Indonesian Journal of Multidisciplinary Science
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/ijoms.v4i9.1144

Abstract

This study explores the legal position and implementation of restorative justice in Indonesia as a progressive approach to criminal law reform. Initially introduced through Law No. 11 of 2012 concerning the Juvenile Criminal Justice System, restorative justice emphasizes the involvement of victims, offenders, and the community in resolving criminal cases with a focus on restoration rather than retribution. Although its application has gradually expanded to adult offenders, it remains partially regulated and lacks a comprehensive statutory foundation. This paper applies a qualitative method using a normative juridical and descriptive-analytic approach, based on legal materials, statutory provisions, and institutional regulations. The findings reveal that restorative justice in Indonesia has not yet been codified into a single unified law. Instead, its practice is fragmented across various institutional regulations, such as those issued by the Indonesian National Police, the Attorney General's Office, and the Supreme Court. The study highlights several issues, including the inconsistent application of restorative justice, the persistence of retributive legal culture among victims, and the urgent need to reduce prison overcrowding. It argues that restorative justice offers an effective alternative to imprisonment by promoting conflict resolution, victim-offender reconciliation, and community-based justice. The incorporation of restorative justice into Indonesia’s Draft Criminal Code and institutional frameworks signifies a growing shift toward legal modernization, social justice, and the realization of Pancasila-based values in the national penal system.
Urgency Arrangement Mediation in Dispute Tax as Instrument Non- Litigation Alternatives Defry Yusdanial, Raden Ferdiandra; Sara, Rineke
Indonesian Journal of Multidisciplinary Science Vol. 4 No. 9 (2025): Indonesian Journal of Multidisciplinary Science
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/ijoms.v4i9.1145

Abstract

Dispute tax is a common problem faced by the state and mandatory tax, which can bother state revenue and cause uncertainty in law. Settlement process dispute taxes in Indonesia are generally done through track litigation in court Taxes, which often take up a long time, cost high, and cause tension between parties involved. As response to challenge said, article This to study urgency arrangement mediation as alternative settlement dispute taxes. Mediation, which is a dispute resolution process dispute outside court involving a neutral mediator, it is hoped can give more solutions efficiently, reduce burden court, and facilitate more solutions fair for the second split party. Through approach juridical-normative and studies comparative towards countries that have applied mediation in dispute taxes, such as the Netherlands, Australia, and the United States, article This highlights benefit mediation in context taxation. Arrangement mediation in dispute tax considered important for increase efficiency administration tax, reduce cost litigation, as well as create more relationship constructive between authority tax and obligation tax. Article this also suggests changes and improvements necessary regulations to support implementation mediation in settlement dispute taxes in Indonesia, to realize a system more taxation transparent and accountable.
Legal Position of Advocates as Law Enforcers Equal to Judges and Prosecutors in the Indonesian Criminal Justice System Riyandra, Reza; Sara, Rineke
Jurnal Greenation Sosial dan Politik Vol. 3 No. 2 (2025): Jurnal Greenation Sosial dan Politik (Mei - Juli 2025)
Publisher : Greenation Publisher & Yayasan Global Resarch National

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jgsp.v3i2.376

Abstract

This study aims to analyze the legal position of advocates as law enforcers who are equal to judges and prosecutors in the criminal justice system in Indonesia. Advocates have an important role in the judicial process as defenders of the defendant's rights and in maintaining justice at every trial stage. This study examines in depth the role of advocates based on existing regulations, especially Law Number 18 of 2003 concerning Advocates, and its implications in criminal justice practices. Although advocates are recognized as part of the justice system, in practice, there are still challenges related to their equality and independence in the legal process. The results of this study indicate that although constitutionally recognized, strengthening the position of advocates in the Indonesian criminal justice system still requires more attention, especially about the relationship between advocates, judges, and prosecutors to achieve balanced and impartial justice.