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All Journal JURNAL MAGISTER HUKUM UDAYANA International Journal of Educational Review, Law And Social Sciences (IJERLAS) Jurnal Risalah Kenotariatan International Journal of Law, Crime and Justice
Syarif Dahlan
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Religion Humanities Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Other

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LEGAL PROTECTON OF WOMEN CIVIL CERVANTS OF GENDER DISCRIMINATION IN THE ERA OF REGIONAL AUTONOMY IN THE DISTRICT ADMINISTRATION SUMBAWA - WEST NUSA TENGGARA Syarif Dahlan
Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 2 No 1 (2013)
Publisher : University of Udayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (203.881 KB) | DOI: 10.24843/JMHU.2013.v02.i01.p13

Abstract

Aware of gender discrimintaion of women and students of women in different countries, so they protest and movement finally manage to do some conference that have produced Convention On The Elimination Of All Form Of Diskrimination Against Women   (CEDAW). Indonesia has ratified CEDAW with Law No. 7, 1984. But until now gender discrimination still occurs in all facets of life and society. One of them is a fimale civil servant in Sumbawa regency. Discrimination that has accurred not given the opportunity to accupy the fimale civil servant echelon-echelon II and III. In connection with the second echelon echelon II or III on Sumbawa Regency :      1) What are the forms of gender discrimination against fimale civil servants. 2) What factors are causing it, and 3) What is the form of legal protection against civil servants are women from gender discrimination. This study includes empirical legal research aims to determine the effectiveness of the law and the legal vacuum in the administration and management of government, particularly in women civil servants in positions echelon II or III. Dates collected were analyzed with descriptive analytic techniques. These form of discrimination against women in Sumbawa civil servants include marginalization and subordination, the factors that cause it was a mistake in the interpretation and implementation   gender equality, influence the understanding and application of Islamic teachings, political and cultural factors shame, geographical factors tough, close relationship with the ruling factor, factor in the civil servants streotif women and a heavier workload factor for women. Moderate forms of legal protection can be seen from the substance of the law, the legal structure and legal culture.
Analisis Sengketa PHPU Pilpres Tahun 2024 dalam Perspektif Hukum Progresif: Studi Kasus Putusan MK No: 1/PHPU.PRES-XXII/2024 Pebrianto, Roli; Syarif Dahlan
Jurnal Risalah Kenotariatan Vol. 5 No. 1 (2024): Jurnal Risalah Kenotariatan
Publisher : Magister Kenotariatan Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/risalahkenotariatan.v5i1.220

Abstract

This article aims to analyze the legal considerations in the Constitutional Court Decision Number: 1/PHPU.PRES-XXII/2024 related to the 2024 presidential election dispute. The analysis focuses on two main issues: first, the judges' considerations in deciding the case, and second, the application of progressive legal theory in the Court's considerations. This research uses a normative method with a statute approach and case approach, utilizing the Decision as primary legal material and legal literature as secondary material. The results show that the Constitutional Court delivers a final and binding decision, however, its judges tend to overlook moral and ethical aspects, sticking to positive law without progressive steps in considering societal values.
REFORMULATION OF VILLAGE FUND REGULATIONS AND ALLOCATION BY INTEGRATING GOOD GOVERNANCE AND LAW ENFORCEMENT PRINCIPLES TO ACHIEVE TRANSPARENT MANAGEMENT Syarif Dahlan; Suhariningsih; Budi Santoso; Muh Fadli
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 3 No. 3 (2023): May
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v3i3.811

Abstract

Numerous villages, up to now, have not implemented Village Fund Regulation (DD)/Village Fund Allocation (ADD) well, especially those villages located distant from the city. However, several villages have succeeded in their development using DD/ADD programs. The basic cause for the villages’ failure in development is the lack of transparency in management due to lenient and unclear regulations on transparency. The current research is an empirical legal study with socio-legal, hermeneutic, and responsive progressive approaches. Data used include primary and secondary data. The primary data are collected through in-depth interviews and questionnaires. The data analysis employs a qualitative juridical technique. The research examines the unachievable equity, the non-existence of legal certainty, and the lack of legal expediency in the transparent management of DD/ADD. Conclusions can be drawn: 1. the formulation of DD/ADD management regulations applied still allows limited transparency and the occurrence of numerous fraud. 2. Reformulation of regulations by integrating transparency and law enforcement principles that instigate new regulations that clearly, strictly, and logically regulate equitable transparency, transparency with legal certainty, and transparency with legal expediency.
Implications of Extension of the Term of Office of the Village Head Based on Law No. 3 of 2024 Concerning the Second Amendment to Law No. 6 of 2014 Concerning Villages Towards the Principles of Democracy in Kerato Village Rizka Febriana; Syarif Dahlan; Noviana Noviana
International Journal of Law, Crime and Justice Vol. 2 No. 3 (2025): September : International Journal of Law, Crime and Justice
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijlcj.v2i3.760

Abstract

Regulatory changes through Law No. 3 of 2024 concerning the Second Amendment to Law No. 6 of 2014 stipulate an extension of the village head's term of office from six to eight years. This policy is intended to strengthen leadership stability and the sustainability of village development, but also raises concerns regarding reduced leadership circulation, weakened community political participation, and increased potential for abuse of power. This research uses empirical legal methods with sociological, conceptual, and case-based approaches, conducted through field observations and in-depth interviews with village officials, community leaders, MSMEs, and residents of Kerato Village. The results show a diverse response from the community. Some support this policy because it is seen as providing the village head with the opportunity to complete development programs sustainably. However, others reject it, arguing that term extension has the potential to reduce the quality of local democracy, limit leadership regeneration, and reduce the frequency of community political participation. The discussion emphasizes the dilemma between village government stability and the principles of participatory democracy. In conclusion, this policy is ambivalent: positive in maintaining development continuity, but risky for accountability and community participation. Therefore, strengthening the function of the Village Consultative Body (BPD), transparency, and effective oversight mechanisms are very necessary to maintain the balance between government stability and village democracy.
Co-Authors Budi Santoso Muh Fadli Noviana Noviana Pebrianto, Roli Rizka Febriana Suhariningsih