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All Journal Masalah-Masalah Hukum Novum : Jurnal Hukum Rechtsidee KRTHA BHAYANGKARA Perspektif Hukum Realism: Law Review indonesian Journal of Administrative Law and Local Government (IJALGOV) Indonesian Journal of Sport Law Jurnal Kajian Pembaruan Hukum
Dicky Eko Prasetio
Universitas Negeri Surabaya
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

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REKONSTRUKSI KONSTITUSI DALAM REGIONAL REPRESENTATIVE DEWAN PERWAKILAN DAERAH TERHADAP FUNGSI LEGISLATIF Hezron Sabar Rotua Tinambunan; Dicky Eko Prasetio
Masalah-Masalah Hukum Vol 48, No 3 (2019): MASALAH-MASALAH HUKUM
Publisher : Faculty of Law, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (454.136 KB) | DOI: 10.14710/mmh.48.3.2019.266-274

Abstract

Dewan Perwakilan Daerah atau DPD merupakan lembaga legislatif yang lahir dari gejolak reformasi 1998 yang keberadaan yuridis terkait DPD dan kewenangannya didasarkan Pasal 22D UUD NRI 1945. Dalam regelende functie  maka sejatinya peran DPD sebagai perwakkilan daerah untuk mengimbangi adanya peran Dewan Perwakilan Rakyat sebagai political. Tujuan dari penelitian ini adalah untuk meninjau dan menganalisis kembali bagaimana seharusnya keberadaan DPD dengan menggunakan metode yuridis normatif melalui pendekatan perundang-undangan (statute approach) dan pendekatan analitis (analytical approch), bahwa keanggotaan DPD haruslah merupakan calon perseorangan yang terbebas dari jabatan dan fungsionaris partai politik. Hal ini untuk mempertegas serta mengoptimalkan peran regional representative supaya dari proses pencalonan, pengangkatan, dan perumusan kebijakan merupakan perorangan yang benar-benar concern terhadap permasalahan, dinamika, dan kepentingan daerah yang diwakilinya.
The Legal Pluralism Strategy of Sendi Traditional Court in the Era of Modernization Law Dicky Eko Prasetio; Fradhana Putra Disantara; Nadia Husna Azzahra; Dita Perwitasari
Rechtsidee Vol 8 (2021): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.2021.8.702

Abstract

The Sendi customary community is a community that has procedures for implementing customary law through the customary justice system. Not only that, the Sendi customary community also has a distinctive legal code and customary apparatus; so that its existence needs to be maintained in the face of the era of legal modernization. This research is an empirical legal research; by using secondary data types obtained from various searches for journal articles, books, and information through online news online; relating to the substance of the research. The purpose of this research is to describe the structure of Sendi's customary court in maintaining the existence of customary law; as well as describing the strategy of legal pluralism in Sendi's customary court to face modernization of law era. This empirical legal research focuses on the structure of Sendi's customary court with an approach of legal pluralism. The results of the study confirm that a legal pluralism strategy is needed to maintain the existence of the Sendi traditional court in the era of legal modernization; and integration efforts are needed between the law and the customary apparatus of Sendi with the law and the national or state apparatus.
Penataan Penataan Kewenangan KPU dan Bawaslu dalam Melakukan Pengawasan dan Menangani Sengketa Proses Pemilu Hananto Widodo; Dicky Eko Prasetio
Perspektif Hukum VOLUME 21 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v21i2.93

Abstract

The general election organizing body is an institution designed to have a check and balance function so that it is oriented towards realizing a democratic process in accordance with the constitution. In Indonesia, the institution responsible for the implementation of the general election is not only the General Election Commission but also other institutions, such as the General Elections Supervisory Board and the Honorary Council for General Election Organizers. This study seeks to initiate the structuring of the General Election Commission and the General Elections Supervisory Agency in supervising and handling disputes over the General Election process. This research is a legal research. This research uses a statutory approach, a conceptual approach, and a historical approach. The results of this study indicate that if it is made in stages, if the election participants do not accept the General Election Commission's attitude, then the election participants can appeal to the General Elections Supervisory Agency, and if there are parties who cannot accept the decision of the General Elections Supervisory Board, then the those who cannot accept it should file a lawsuit to the State Administrative High Court.
Legal Politics in Regional Oil and Gas Governance: Toward Sustainable Regulation Dicky Eko Prasetio; Ridwan Arma Subagyo; Oky Sapto Mugi Saputro; Bazarova Dildora Baxadirovna
Indonesian Journal of Administrative Law and Local Government Vol. 2 No. 01 (2025): INDONESIAN JOURNAL OF ADMINISTRATIVE LAW AND LOCAL GOVERNMENT (IJALGOV)
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/ijalgov.v1i01.39879

Abstract

Oil and gas exploration and exploitation in Bojonegoro Regency actually creates problems in the form of the absence of statutory regulations that accommodate legal developments and community needs. This research aims to formulate a political, legal and policy orientation so that oil and gas exploration and exploitation in Bojonegoro Regency can provide optimal benefits for the community and is in line with sustainable development. This research is socio-legal or interdisciplinary legal research which examines legal aspects normatively accompanied by analysis based on policy theory. The research results show that the legal implications of the absence of updates to statutory regulations relating to oil and gas exploration and exploitation in Bojonegoro Regency are that philosophically, sociologically and juridically they lack legitimacy and tend to be difficult to implement due to the complexity of the community's legal needs, especially after the passing of the Ciptaker Law. Legal politics related to oil and gas exploration and exploitation in Bojonegoro Regency, namely the need for legal products that are responsive, ecological and progressive in character so that they can be implemented through various policies that are able to make oil and gas exploration and exploitation in Bojonegoro Regency a success as well as the need for revisions to Regional Regulations and Regent Regulations so that in line with the substance of the Ciptaker Law and adapted to actual legal needs in the Bojonegoro community. Keywords: Exploration; Exploitation; Policy; Oil and Gas; Legal Politics.
Bajo Tribal Marine Customary Rights Supervision: A Reform with Archipelagic Characteristics Dicky Eko Prasetio; Irfa Ronaboyd
Jurnal Kajian Pembaruan Hukum Vol. 2 No. 2 (2022): July-December 2022
Publisher : University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jkph.v2i2.25255

Abstract

There are provinces in Indonesia considered “archipelagic” and “non-archipelagic.” One criterion is to determine whether a province has an ocean wider than the land, with the so-called matter of geography. The issue raised here is a condition where an archipelagic custom exists in a non-archipelagic province. Such a gap between geographical concern and customary characteristics brings at least two consequences. First, a non-archipelagic province has been set out in the international customary law of the sea, including the 1982 UNCLOS on Traditional Fisheries Rights and the law on the Management of Coastal Islands and Small Islands. Second is the problem of recognizing a unique coastal-oceanic socio-culture in that province. This study was motivated to bridge the two, i.e., the legal and socio-cultural case of the Bajo Tribe in Gorontalo Province. Bajo is a tribe with an archipelagic socio-cultural tradition, while Gorontalo is categorized as a non-archipelagic province. So far, there is no clear legal framework on how the national and international laws captured the existing tradition, custom, and wisdom, as shown in Bajo’s. In this regard, a normative legal method was used by collecting and analyzing how national and international instruments answered the call from the Bajo Community. This study found that, at the core, the main issue was the gap of recognition between geography and socio-cultural perspectives in policy-making. This study also found that the Bajo has experienced a limbo due to the no clear policy on how the existence of their community is accommodated. Finally, this research suggested that an archipelagic tradition such as Bajo’s should be recognized in the non-archipelagic province’s policy to construct a bridge connecting geography and socio-cultural tradition.
PERLINDUNGAN DAN PENGAKUAN HAK ULAYAT MASYARAKAT ADAT BIAK PAPUA Dicky Eko Prasetio
Realism: Law Review Vol. 2 No. 1 (2024): Realism: Law Review
Publisher : Sabtida

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71250/rlr.v2i1.25

Abstract

The Biak Customary Law Community in Papua has unique customary rights, particularly with regard to water aspects. The recognition and protection of the Biak Customary Law Community encounters problems when it is compared to the spaceport in Papua which is in the territory of the Biak Customary Law Community. Apart from that, from a juridical perspective, there is also a legal vacuum regarding regulations related to the Biak Customary Law Community, especially in Biak Numfor Regency. The legal issues analyzed in this study are related to the legal vacuum regarding the recognition and protection of the customary rights of the Biak Customary Law Community. This research is a normative legal research that focuses on the analysis of legal issues in the form of a legal void in the recognition and protection of the Biak Customary Law Community by using a concept and statutory approach. The results of the study confirm that the legal implication of the existence of a regulatory legal vacuum regarding the recognition and protection of the Biak Indigenous People, Papua, namely customary rights, traditions and local wisdom has the potential to no longer be enforceable due to the existence of a spaceport project in Biak. Future arrangements related to efforts to recognize and protect the Biak Customary Law Community, especially in terms of their customary rights, namely through the establishment of a Regional Regulation of the Biak Numfor Regency related to the Biak Customary Law Community, Papua and at the national level need to ratify the Indigenous Law Community Bill. Keywords: Ulayat Rights, Biak Customary Law Society, Recognition and Protection of Customary Law Communities.
Lex Sportiva in Indonesian Sports Law: Autonomy, Independence, and Harmonization with National Law Dicky Eko Prasetio; Zeidan Izza Al-Farisi
Indonesian Journal of Sports Law Vol. 1 No. 02 (2024): INDONESIAN JOURNAL OF SPORTS LAW
Publisher : Faculty of Law Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/ijsl.v1i02.35931

Abstract

The principle of lex sportiva as the main principle in sports law has not yet been regulated in Law No. 11 of 2022 on Sports. The lack of regulation of the lex sportiva principle results in the suboptimal application of the lex sportiva principle in Indonesian sports law. This research aims to analyze the position of the lex sportiva principle in Indonesian sports law and its relevance to the national legal system. This research is a normative legal study that emphasizes a legislative and conceptual approach. The results of this study indicate that sports law, as a new field in legal science, is based on the principle of lex sportiva, which is related to independence, autonomy, and harmonization with the national legal system. The recommendations offered in this study include the need for a revision of Law No. 11 of 2022 on Sports Law by emphasizing the position of the lex sportiva principle in Indonesian sports law, as well as the need for an understanding of the lex sportiva principle in the organization of sports, including making the lex sportiva principle a part of legal considerations for judges in the Supreme Court and the Constitutional Court when adjudicating disputes related to sports aspects.
Legal Reform of Legal Profession Amidst the Development of Artificial Intelligence in Indonesia: The Perspective of Mesu Budi's Philosophy of Law Muh. Ali Masnun; Dicky Eko Prasetio; Denial Ikram; Puja Aqdamuyasyaro P
NOVUM : JURNAL HUKUM Vol. 12 No. 02 (2025): The Dialectics of Justice, Legal Certainty, and Expediency in Contemporary Le
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2674/novum.v12i02.72355

Abstract

The use of Artificial Intelligence (AI) within the legal profession raises significant concerns about whether the extensive application of AI could potentially replace human roles in this field. This study aims to analyze the challenges and dynamics associated with the implementation of AI in the legal profession, and to compare AI regulations across Indonesia, Malaysia, and the European Union. This research is a normative legal study employing conceptual, case-based, and legislative approaches. The findings affirm that AI will not replace the role of humans in the legal profession. As an officium nobile, the legal profession inherently requires moral, humanitarian, and value-based considerations that can only be performed by humans. The presence of "mesu budi"—a concept reflecting comprehensive utilization of IQ, EQ, and SQ—underscores that these facets are uniquely human and cannot be substituted by AI. The comparative analysis of AI regulations between Indonesia, Malaysia, and the European Union reveals that Indonesia's regulatory framework is lagging and lacks specific provisions regarding the use of AI in the legal profession. This study recommends the establishment of dedicated regulations for AI, particularly concerning its application in legal professions and associated accountability measures.
Reconstruction of the Normative Legal Research Paradigm in Responding to Global Challenges: An Epistemological Analysis Muh. Ali Masnun; Dicky Eko Prasetio; Maalikatussofa
NOVUM : JURNAL HUKUM Vol. 12 No. 03 (2025): Reframing Law as Epistemic and Ethical Praxis: Justice, Certainty, and Normat
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2674/novum.v12i03.74364

Abstract

Legal research is essentially a scientific activity conducted by both academics and legal practitioners. Legal research has so far been dominated by a normative approach that focuses on internal analysis of the legal system, although its development has led to various problems. This article aims to propose a legal research paradigm to address global challenges. The analysis results show that there is an urgency to reconstruct the legal research paradigm towards a more comprehensive approach. This approach emphasizes the integration of the strengths of normative analysis with external dimensions through empirical, sociological, and interdisciplinary perspectives. The reconstruction of this paradigm is not intended to replace the normative approach, but rather to expand and enrich legal analysis to make it more contextual, adaptive, and reflective. With epistemological, methodological, and axiological renewal, the legal research paradigm is expected to drive a more substantive, just, and relevant transformation of law to meet the needs of society in the contemporary era.
Lex Sportiva and Lex Ludica: The Existence and Reconstruction of Sports Law Principles in the Postmodern Era Dicky Eko Prasetio; Muhammad Akmal Habib
NOVUM : JURNAL HUKUM Vol. 12 No. 03 (2025): Reframing Law as Epistemic and Ethical Praxis: Justice, Certainty, and Normat
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Sports law is a relatively new field that examines the legal aspects of sports, which is experiencing increasingly rapid development, particularly in the postmodern era. The principles of lex sportiva and lex ludica are fundamental in the field of sports law, but in practice, they often clash. This research aims to analyze and reflect on these principles as important foundations in Indonesian sports law in the postmodern era, viewed from the perspective of legal philosophy. This research is normative legal research that examines aspects of legal philosophy, so its orientation is not merely normative-doctrinal, but also reflective. The research findings confirm that the development of sports law in the postmodern era shows a significant increase, characterized by the emergence of the idea of legal pluralism, where non-state law plays an important role as a complement and counterbalance to state law. The fundamental essence of these principles reflects the plural and complex dynamics of law, where both principles possess their own autonomy and independence, complementing each other within the sports legal system. This research recommends strengthening the understanding of legal pluralism and clarifying the lex sportiva, which is related to its general characteristics, while the lex ludica emphasizes the independence and autonomy of game law in each sport.
Co-Authors Adam Ilyas Bazarova Dildora Baxadirovna Denial Ikram Dita Perwitasari Felix Ferdin Bakker Fradhana Putra Disantara hananto widodo Hezron Sabar Rotua Tinambunan Irfa Ronaboyd Kamaluddin Nurdin Marjunid Maalikatussofa Masnun, Muh Ali Mochamad Ikwan Muhammad Akmal Habib Nadia Husna Azzahra Nurul Hikmah Oky Sapto Mugi Saputro Puja Aqdamuyasyaro P Ridwan Arma Subagyo Sunanta Chemaming Syahid Akhmad Faisol Zeidan Izza Al-Farisi