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Tinjauan Hukum Efektifitas Kedudukan dan Kewenangan Pemerintah Daerah Terhadap Izin Pengelolaan Lingkungan Warong, Robert Nicolas; Musa, Altje Agustin; Lumintang, Djefry Welly
Nuansa Akademik: Jurnal Pembangunan Masyarakat Vol. 10 No. 1 (2025)
Publisher : Lembaga Dakwah dan Pembangunan Masyarakat Universitas Cokroaminoto Yogyakarta (LDPM UCY)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47200/jnajpm.v10i1.2783

Abstract

This study aims to analyze the effectiveness of the position and authority of local governments in granting environmental management permits based on applicable laws and regulations. The research method used is normative with a statute approach and conceptual approach. The results of the study indicate that although the authority of local governments in environmental management has been regulated in various regulations, there are various obstacles in its implementation, such as overlapping policies, limited resources, and lack of coordination between the central and regional governments. Therefore, it is necessary to strengthen institutional capacity, harmonize policies, and increase community participation in the environmental licensing process in order to achieve sustainable development goals.
Discretion of Government Officials in the Perspective of Corruption Crime Reviewed from the Theory of Criminal Removal Reason Musa, Altje Agustin; Sondakh, Jemmy; Kumendong, Wempie Jh.; Waha, Caecilia J.J.
Journal of The Community Development in Asia Vol 5, No 1 (2022): January 2022
Publisher : AIBPM Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32535/jcda.v5i1.1389

Abstract

Providing welfare for all citizens is the goal of the Indonesian state. In government administration, government officials are often faced with concrete social situations urgently to be addressed, while regulations are unclear. To overcome government stagnation, government officials are given the authority to act based on their own considerations, called discretion. The study aims to analyze the discretionary case and find the relationship between discretion in the perspective of corruption and the theory of criminal removal reason. The study finds that Criminal Code regulates Criminal Removal Reasons concerning defending to save on body, soul, or goods of someone/others, not government officials discretion to defend social interest. The Corruption Law does not regulate Criminal Removal Reason. In judicial corruption in Indonesia, Government officials' discretion was not sentenced because the decision/act is based on considerations of urgency, for the public interest, and does not benefit the government officials/others.
Aspek Hukum Tanggung Jawab Pemerintah Daerah Terhadap Pemberdayaan Masyarakat Lingkar Usaha Tambang Goni, Christine J. J. G.; Karamoy, Roy V.; Musa, Altje Agustin
Nuansa Akademik: Jurnal Pembangunan Masyarakat Vol. 10 No. 2 (2025): In Progress
Publisher : Lembaga Dakwah dan Pembangunan Masyarakat Universitas Cokroaminoto Yogyakarta (LDPM UCY)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47200/jnajpm.v10i2.3200

Abstract

This research aims to determine the legal aspects of local government responsibilities for empowering communities around mining areas in mining businesses. The research utilizes normative methods, including conceptual approaches, legislation, and empirical cases. The empowerment process for communities around mining areas must be implemented from the environmental permitting stage, through planning, implementation, and monitoring, to post-mining. Local governments are encouraging business actors to initiate social and economic recovery from the impacts of mining within their jurisdiction.