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Dampak Putusan Mahkamah Konstitusi Nomor 90/PUUXXI/2023 (terhadap Hak Asasi Manusia dan Sistem Demokrasi di Indonesia) Astuti, Widya; Siswi Enggarani, Nuria
Yurispruden: Jurnal Fakultas Hukum Universitas Islam Malang Vol 8 No 2 (2025): Yurispruden: Jurnal Fakultas Hukum Universitas Islam Malang
Publisher : Fakultas Hukum Universitas Islam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33474/yur.v8i2.23493

The establishment of a minimum age limit of 40 years for candidates for President and Vice President has sparked debate because it limits the participation of the younger generation. The impact of Constitutional Court Decision No. 90/PUU-XXI/2023 on human rights and the democratic system is still limited. This research aims to examine the impact of the decision on constitutional rights related to equality, non-discrimination, and political access. This research uses normative juridical research methods, with statutory and conceptual approaches. The results of this study found that the Constitutional Court Decision No. 90/PUU-XXI/2023 provided significant changes in expanding the access of experienced young people to run for office. However, the decision also raises concerns regarding the potential politicization of judicial institutions that could threaten the independence of the judiciary. Therefore, strict supervision and balanced policies are needed to maintain the rule of law and ensure a healthy and sustainable democracy.

LEGALITY OF LEGAL ENTITIES OF VILLAGE OWNED ENTERPRISES (BUMDES) POST LAW NUMBER 11 OF 2020 CONCERNING JOB COPYRIGHT Dewi, Feni Nur Fitria; Nurhayati, Nunik; Enggarani, Nuria Siswi; Muttaqin, Labib
Khairun Law Journal Volume 7 Issue 1, September 2023
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33387/klj.v7i1.6806

This research aims to discuss the background to the policy on the obligation to change Village-Owned Enterprises (BUMDes) from business entities to legal entities and the development of BUMDes legal entity status in Banyudono District, Boyolali Regency. Law Number 11 of 2020 concerning Job Creation in Article 117 amends Article 1 (6) of Law Number 6 of 2014 concerning Villages. Before the changes to the Village Law, BUMDes were described as business entities, whereas in the Job Creation Law BUMDes were described as legal entities. The research method used is empirical juridical, located in Banyudono District, Boyolali Regency, Central Java. The results of the discussion showed that 1) The aim of the promulgation of Article 117 of the Job Creation Law is to be able to absorb the widest possible Indonesian workforce amidst increasingly competitive competition and the demands of economic globalization, including at the village level by optimizing BUMDes. 2) In Banyudono District, Boyolali Regency, there are 15 (fifteen) villages and only 5 (five) BUMDes, but there are 2 (two) BUMDes that have not yet been incorporated, namely BUMDes Banyudono and BUMDes Hamlet.

LEGALITY OF LEGAL ENTITIES OF VILLAGE OWNED ENTERPRISES (BUMDES) POST LAW NUMBER 11 OF 2020 CONCERNING JOB COPYRIGHT Dewi, Feni Nur Fitria; Nurhayati, Nunik; Enggarani, Nuria Siswi; Muttaqin, Labib
Khairun Law Journal Volume 7 Issue 1, September 2023
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33387/klj.v7i1.6806

This research aims to discuss the background to the policy on the obligation to change Village-Owned Enterprises (BUMDes) from business entities to legal entities and the development of BUMDes legal entity status in Banyudono District, Boyolali Regency. Law Number 11 of 2020 concerning Job Creation in Article 117 amends Article 1 (6) of Law Number 6 of 2014 concerning Villages. Before the changes to the Village Law, BUMDes were described as business entities, whereas in the Job Creation Law BUMDes were described as legal entities. The research method used is empirical juridical, located in Banyudono District, Boyolali Regency, Central Java. The results of the discussion showed that 1) The aim of the promulgation of Article 117 of the Job Creation Law is to be able to absorb the widest possible Indonesian workforce amidst increasingly competitive competition and the demands of economic globalization, including at the village level by optimizing BUMDes. 2) In Banyudono District, Boyolali Regency, there are 15 (fifteen) villages and only 5 (five) BUMDes, but there are 2 (two) BUMDes that have not yet been incorporated, namely BUMDes Banyudono and BUMDes Hamlet.

Control of Environmental Impacts through Licensing to Achieve Sustainable Development Enggarani, Nuria Siswi
Proceeding ISETH (International Summit on Science, Technology, and Humanity) 2015: Proceeding ISETH (International Conference on Science, Technology, and Humanity)
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/iseth.2404

Control of environmental impacts need to be implemented by maximally utilizing licensing instruments. Licensing becomes the supervisor and an instrument control of development program that can be implemented in accordance with applicable regulations. Moreover, in order to preserve the function and balance of the environment due to any national economic development as mandated by the Constitution Republic of Indonesia 1945, it should be held based on the principle of sustainable development that meets the needs of the present without undermining the ability of future generations to meet their needs with the people who live within the confines of a mutually supportive environment.

Dialektika Hubungan Mahkamah Konstitusi sebagai Positive Legislator dengan Pembentuk Undang-Undang dalam Proses Legislasi Muttaqin, Labib; Enggarani, Nuria Siswi; Nurhayati, Nunik; M. Juanidi; Febiyanti, Nabilla
Jurnal Hukum Sasana Vol. 12 No. 1 (2026): Jurnal Hukum Sasana: June 2026
Publisher : Faculty of Law, Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/sasana.v12i1.4486

Studi ini menganalisis perluasan kewenangan Mahkamah Konstitusi (MK) dari negative legislator menjadi positive legislator yang berpotensi menimbulkan konflik dengan lembaga pembentuk undang-undang, yaitu DPR dan Presiden. Fokus kajian ini meliputi legitimasi MK dalam membuat putusan positive legislator, konflik yang muncul dengan pembentuk undang-undang akibat putusan tersebut, serta solusi untuk meredam konflik tersebut. Studi ini menggunakan metode penelitian hukum doktrinal dengan data sekunder yang diperoleh melalui literature review. Hasil kajian menunjukkan bahwa putusan MK yang bersifat positive legislator, seperti Putusan No. 91/PUU-XVIII/2020, Putusan No. 60/PUU-XXII/2024, dan Putusan No. 135/PUU-XXII/2024, telah memicu ketegangan dengan pembentuk undang-undang. Untuk mencegah konflik serupa, diperlukan kesepahaman antara MK, DPR, dan Presiden mengenai batas kewenangan MK dalam membuat putusan positive legislator serta mekanisme tindak lanjut putusan tersebut oleh pembentuk undang-undang.

Tinjauan Yuridis terhadap Kedudukan Badan Usaha Milik Desa (BUMDes) Berdasarkan Peraturan Pemerintah Nomor 11 Tahun 2021 Rizky Aditya Saputra; Aidul Fitriciada Azhari; Nuria Siswi Enggarani
Jurnal Hukum Lex Generalis Vol 6 No 8 (2025): Tema Hukum Pemerintahan
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v6i8.1403

Village-Owned Enterprises, known by the abbreviation BUMDes, are a form of business formed and run by the village government. Regulations related to BUMDes have undergone various changes over time. Law Number 11 of 2020 is the latest legal basis governing the development, establishment, mechanisms, and position of BUMDes. These regulations are then further elaborated through Government Regulation (PP) Number 11 of 2021 as its implementing regulations. Therefore, it is important to conduct further discussion regarding the essence of PP No. 11 of 2021 concerning the implementation of BUMDes, as well as to assess whether BUMDes can be categorized as a legal entity after this regulation comes into effect.

Constitutional Court vs. Lawmakers: Positive Legislature, Decision Implementation, and Balance of Authority Muttaqin, Labib; Enggarani, Nuria Siswi; Nurhayati, Nunik; Junaidi, M.; Febiyanti, Nabilla
SIGn Jurnal Hukum Vol 7 No 2: Oktober 2025 - Maret 2026
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v7i2.554

The Constitutional Court’s transition from a negative legislator to an executor of positive legislation has created structural tension with Lawmakers. This phenomenon creates legislative resistance that impedes decision implementation, often leaving constitutional compliance to rely on public pressure. This research aims to analyze the roots of such disharmony and to formulate a procedural law design capable of effectively guaranteeing the execution of decisions. Through a normative legal research method using the statute approach, conceptual approach, and case approach, this study examines constitutional dynamics following the Constitutional Court’s delivery of two decisions regarding the judicial review of Law Number 10 of 2016 and Law Number 11 of 2020. The research results indicate that implementation barriers stem from the counter-majoritarian difficulty and the obsolescence of Chapter V of Law Number 24 of 2003, which fails to accommodate the complexity of positive legislature authority. As an absolute solution, this research recommends the urgent formation of a stand-alone Constitutional Court Procedure Bill (separate bill). This Bill must grant the Constitutional Court attribution authority to establish a “mandatory deadline” (tenggat waktu eksekutorial) for Lawmakers. Formalizing this mechanism is crucial to restoring the balance of the separation of powers system and ensuring the enforcement of constitutional supremacy through an institutionalized mechanism with legal certainty.

Taxpayer Objection Efforts in Urban Land and Building Tax (PBB-P2) Dispute (Case Study At the Regional Revenue Agency of Madiun City) Andyka Yuliatama A; Aidul Fitriciada Azhari; Nuria Siswi Enggarani
Jurnal Indonesia Sosial Teknologi Vol. 5 No. 01 (2024): Jurnal Indonesia Sosial Teknologi
Publisher : Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jist.v5i1.880

The Madiun City Government is facing problems in resolving tax issues, which can be resolved through standard tax objection resolution. The legal basis used is Law No. 28 of 2009 concerning Regional Taxes and Regional Levies. BAPENDA Madiun City has the authority to manage land and building taxes based on these regulations. This research aims to determine legal efforts in filing objections to resolving tax disputes in the PBB-P2 field and the obstacles taxpayers face in making legal objections. The research method used is the normative legal research method. The research results state that taxpayers who feel that the NJOP value determined by Bapenda is not by the condition of their property can submit an appeal to the Tax Court Agency. The process begins with submitting an objection letter to Bapenda within a certain period after sending the tax notification. If the objection is not accepted, the taxpayer can appeal to the Tax Court Agency. However, in the case at the Madiun City Bapenda, the request for an objection to the NJOP value of land and buildings was not granted. There are several obstacles to legal action for taxpayers' objections to resolving tax disputes in the urban PBB sector in Madiun City, such as legal uncertainty and limitations of law enforcement agencies. Legal reform, increasing the capacity of law enforcement agencies, and increasing awareness of tax law among the public are needed to overcome this.

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