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Journal : Jurnal Ius Constituendum

Harmonization of Funding for Government Cooperation With Small-Scale Public-Private Partnership Kurdi, Kurdi; Amalia, Prita; Mahardhito Adhitya Wardhana, Yuki
Jurnal Ius Constituendum Vol. 9 No. 3 (2024): OCTOBER
Publisher : Magister Hukum Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/jic.v9i3.10536

Abstract

This study examines the relevance of the Ministry of National Development Planning (Bappenas) Regulation No. 7 of 2023 and Law No. 1 of 2022 in supporting the Small-Scale Public-Private Partnership (PPP) scheme. The urgency of this research lies in the need to improve existing regulations and ensure legal certainty for Small-Scale PPPs, as these regulations provide relevant frameworks for such schemes. The study aims to understand how regulatory harmonization can enhance regional fiscal capacity and facilitate project implementation. Utilizing a normative juridical method with legislative and conceptual approaches, the study finds that since 2015, only 6 out of 34 PPP projects involved local governments. The conclusion highlights the importance of simplifying regulations and adjusting project value requirements to increase regional participation and fiscal effectiveness. The study recommends regulatory adjustments to support more equitable and sustainable infrastructure development.
Potential Violations of the Right to a Good and Healthy Environment: The Impact of Granting Special Mining Permits on Religious Community Organizations Kurdi, Kurdi; Joko Cahyono; Cut Zulfahnur Syafitri
Jurnal Ius Constituendum Vol. 10 No. 2 (2025): JUNE
Publisher : Magister Hukum Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/jic.v10i2.11847

Abstract

This study aims to critically examine the potential violations of the constitutional right to a good and healthy environment arising from the government’s policy of granting Special Mining Business Permit Areas (WIUPK) to religious community organizations. The urgency of this research is based on concerns that these organizations, lacking adequate technical competence, may exacerbate environmental degradation, perpetuate violations left by previous permit holders, hinder the transition to renewable energy, and obstruct access to justice for victims of environmental harm. Using a normative juridical method with legislative and conceptual approaches, this study analyzes the policy from the perspective of environmental human rights, a focus absent in prior research. The findings reveal that the policy has a strong potential to violate the right to a good and healthy environment and contradicts the state’s obligation to protect human rights as guaranteed by the 1945 Constitution. The novelty of this research lies in its emphasis on the conflict of interest between the traditional role of religious organizations as community advocates and their new role as mining operators. Therefore, it is recommended that the government review and revoke the priority granting scheme for WIUPK and consider alternative participation models for religious organizations through non-operational mechanisms such as community development funds or minority non-controlling share ownership.