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All Journal Jurnal Antropologi: Isu-Isu Sosial budaya Jurnal Ilmiah Kebijakan Hukum
M Saidi Rifki
Research and Development Agency Ministry of Home Affairs Republik of Indonesia
Arts Humanities Social Sciences

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Civil Rights of the Believers of Unofficial Religions (Penghayat Kepercayaan) in Pekalongan District Moh. Ilham A Hamudy; M Saidi Rifki
Jurnal Antropologi: Isu-Isu Sosial Budaya Vol 22, No 1 (2020): (June)
Publisher : Universitas Andalas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/jantro.v22.n1.p48-59.2020

Abstract

There are seven groups of unofficial religions (penghayat kepercayaan) in Pekalongan District.  The issuance of Constitutional Court (MK) decision No. 97/ PUU-XIV/2016 did not automatically fulfill their civil rights.  There were various obstacles to implement the constitutional court decision. Therefore, this study specifically aimed to review their existence and the fulfillment of their civil rights after the Constitutional Court's decision. With a qualitative approach, and descriptive and literature methods, this study found that the social access of penghayat kepercayaan, such as the inclusion of  their beliefs in the religion part of the Identity Card ("KTP"), the availability of penghayat kepercayaan teachers at school, or marriage registration,  was yet to be fulfilled. The main obstacles were caused by the inadequate data collection of the penghayat kepercayaan population. Another obstacle was that, although the acceptance of the rest of the community towards the penghayat kepercayaan communities was quite good, the penghayat kepercayaan communities were still concern about them. Past discrimination seems to be main factor. For this reason, responsive works of the Pekalongan District Government are urgently needed to validate the data of penghayat kepercayaan communities and facilitate the social interactions across different communities to nurture a harmonious life in the district.
The Formulation Impact of Investment-Hampering Regional Regulations Investment Ray Ferza; Moh Ilham A Hamudy; M Saidi Rifki
Jurnal Ilmiah Kebijakan Hukum Vol 13 No 2 (2019): Edisi Juli
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/kebijakan.2019.V13.229-244

Abstract

After the ruling of the Constitutional Court (MK), Ministry of Home Affairs (MoHA) and the Provincial Government can no longer revoke the problematic Regional Regulation (Perda) via an executive review. This situation, would increase the difficulty for MoHA to revise the investment-hampering regional regulations. The problematic Regulations includes of Karawang District's Perda No.1 of 2011 on the Management of Man Power and Bandung City's Perda No. 19 of 2012 on Disturbance Permit and Charges. Therefore, this study seeks to have a general understanding of the two regulations, the factors that influence the formulation, and to establish a guideline for the formulation of an ideal regional regulation. To achieve those objectives, this research used the descriptive qualitative method. The results of the study reveal that the formulation of regional regulation process is plagued by problems such as the absence of Academic Papers, the insufficient stakeholders' involvements, the lack of monitoring by the provincial government on the district/municipal regulation formulation process, lack of understanding of investment principles and confusion with the regional government control function. The various factors that cause the issuance of problematic regulations are, among others, the central government's regulatory packages, sociological elements, political elements, multi-interpretation in understanding the central government's regulation, as well as the fiscal capacity of the region. Therefore, the guidance of the Ministry of Home Affairs in supervising the regional government during the formulation process of districts/ municipal regulation related to investment is very much needed.
Co-Authors Moh Ilham A Hamudy Moh. Ilham A Hamudy Ray Ferza