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Management of Drinking Water Supply System: Authority of Regional Government and Legality of Management by Business Entities Sesung, Rusdianto; Hadi, Syofyan; Riqiey, Baharuddin
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.5085

Abstract

Private water resource control generally tends to follow capitalist and liberal market mechanisms which will result in a large consumer burden. If it follows capitalist and liberal market mechanisms, then what happens is profit oriented compared to fulfilling the needs and prosperity of the community or many people. Based on these problems, this study focuses on the Authority of Regional Governments in managing the Drinking Water Supply System. This study is a legal study using a legislative and conceptual approach. The results of this study indicate that Regional Governments have the authority to manage the Drinking Water Supply System. This is none other than because of the form of state control over water as regulated in Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia by forming a BUMD or UPTD. In addition, if an area does not yet have drinking water services by a BUMD or UPTD, the implementation of SPAM by the business entity is legally valid. Conversely, if an area already has drinking water services by a BUMD or UPTD, the implementation of SPAM by the business entity is not legally valid.
Regional Head Election post-MK Decision Number 60/PUU-XXII/2024 in the constitutional law landscape Hufron Hufron; Sultoni Fikri; Syofyan Hadi; Baharuddin Riqiey
Legality : Jurnal Ilmiah Hukum Vol. 33 No. 1 (2025): March
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v33i1.39064

Abstract

This article aims to analyse the implications of the Constitutional Court's decision on the regional head election system in Indonesia and evaluate its impact on political participation and diversity within local democracy. The Constitutional Court, as the interpreter of the constitution, particularly in the context of regional head elections, plays a pivotal role in shaping the landscape of constitutional law. Constitutional Court Decision No. 60/PUU-XXII/2024, which controversially alters the candidacy requirements for regional heads from being based on seat or vote share to being based on population size, reflects the need to align the law with evolving socio-political dynamics. This legal research employs statutory, conceptual, and case study approaches. This decision is expected to broaden access for smaller parties and independent candidates, thereby enhancing political diversity and voter choice. However, there is a risk that the changes might induce political instability or lead to dominance by large parties. Thus, ongoing monitoring and evaluation of the impact of these changes are crucial to ensure that constitutional law reforms achieve their intended goals of justice and representation. This article contributes to understanding how the law can adapt to societal needs and the challenges faced in the democratisation process. By emphasising the importance of legal pragmatism, the article illustrates that the law should function as a theoretical norm and an effective tool for addressing the continuously evolving socio-political dynamics. The research is intended to serve as a reference for policymakers and academics in comprehending and implementing constitutional law reform in Indonesia.
Forming of Regional Regulations Based on Good Governance Principles: Efforts to Realize Quality Regulations Hadi, Syofyan
DiH: Jurnal Ilmu Hukum Volume 22 Nomor 1 Februari 2026
Publisher : Doctor of Law Study Program Faculty of Law, Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/dih.vi.132749

Abstract

Regional regulations should be designed to promote public welfare, not merely to maintain rigid social order. They must be formulated flexibly to adapt to evolving community needs. This research examines the position of Regional Regulations within Indonesia’s legal hierarchy, analyzes the application of good governance principles in their formation, and proposes a model for their development based on these principles. This study employs normative legal research using statutory and conceptual approaches. The results of this research indicate that Regional Regulations are basically formed as delegated legislation, not as main legislation. Consequently, Regional Regulations must conform to laws issued by the Central Government. Accordingly, their formation must incorporate good governance principles. These principles at least include transparency, meaningful public participation, and accountability. The proposed model comprises five stages: needs analysis through research; participatory drafting with impact analysis; democratic discussion; effective implementation; and periodic evaluationan impact analysis, discussing the Draft Regional Regulation democratically, implementing the Regional Regulation effectively, and evaluating Regional Regulation periodically.
Between Equality and Hierarchy: A Socio-Legal Analysis of Employment Protection for PPPK Under Indonesia’s State Civil Apparatus Reform Herry Febriadi; Krisnadi Nasution; Syofyan Hadi
Baileo: Jurnal Sosial Humaniora Vol 3 No 2 (2026): January 2026
Publisher : Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/baileofisipvol3iss2pp295-312

Abstract

This study aims to examine the socio-legal paradox of equality and hierarchy within Indonesia’s civil service reform under Law No. 20 of 2023, which formally establishes parity between Civil Servants (PNS) and Government Employees with Employment Agreements (PPPK). Employing a socio-legal approach that combines normative juridical analysis with empirical sociological inquiry, data were drawn from statutory documents (Law No. 20/2023, Government Regulation No. 49/2018, and related regulations), policy reports, media interviews, and PPPK testimonies. These were analyzed qualitatively through triangulation of legal norms, bureaucratic practices, and social contexts. The findings reveal that while the 2023 ASN Law normatively affirms equal rights, obligations, and career development opportunities, bureaucratic structures continue to preserve hierarchical distinctions, positioning PPPK as second-tier employees. Cultural and institutional discrimination persists, driven by an administrative–technical legal rationality that fails to achieve emancipatory transformation within the bureaucracy. The study’s novelty lies in applying a socio-legal perspective to Indonesia’s public employment reform, illuminating the dialectical relationship between law and social hierarchy. Theoretically, it enriches discourse on public employment justice and the sociology of legal reform in developing states, while practically, it provides a conceptual basis for inclusive and merit-based regulatory design in Indonesia’s civil service governance.