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Law Enforcement Against Exhaust Modification Violations Racing on Motorcycles in Ponorogo Regency Ardian Pratama Putra; Hananto Widodo
NOVUM : JURNAL HUKUM Vol. 11 No. 01 (2024): The Ontology and Moral Justification of Law: Protection, Accountability, and
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2674/novum.v3i3.56069

Abstract

Modification of motorized vehicles today is done by many people in Indonesia. One of them is modifying the exhaust by replacing it with a racing exhaust. Vehicle modifications are still allowed but must be in accordance with the corridors of the provisions of Law Number 22 of 2009 concerning Road Traffic and Transportation, namely meeting technical standards and roadworthiness. The use of racing exhausts that do not meet the rules can be subject to action by the police, especially in the Ponorogo Resort Police area. On this basis, this study reviews how law enforcement against racing exhaust users in the Ponorogo Resort Police Region and looks for obstacles to law enforcement against racing exhaust. This research is Juridical-Empirical research by looking at legal phenomena obtained by field interviews combined with legal documents. The results obtained show that Law Enforcement in the Ponorogo Resort Police Area uses Law number 22 of 2009 concerning Road Traffic and Transportation with the main provisions using the sound level as stipulated in the National Police Telegram Letter ST/1045/V/HUK.6.2/2021 and noise level rules in accordance with the Minister of Forestry and Environment Regulation Number 7 of 2009 concerning the noise threshold of new type vehicles. Then for obstacle factors influenced by Law Enforcement Factors, Community Factors and Facilities and Infrastructure Factors.
Legal Awareness of Village Communities Toward the Formulation of Village Regulations (Perdes) Based on Law No. 6 ff 2014 Valda Pramudita Erviani; Hananto Widodo
NOVUM : JURNAL HUKUM Vol. 11 No. 04 (2024): Law at the Crossroads of Protection, Participation, and Institutional Integri
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2674/novum.v1i1.58750

Abstract

Bendotretek Village is considered by many local people to be that the village's development is still lagging behind compared to the surrounding villages and village officials (individuals) are considered not optimal in disseminating village regulations, as a result many people who do not know about local village regulations. According to Permendagri 111 of 2014 concerning Technical Guidelines for Village Regulations, article 26 which states "Joint Village Head Regulations are disseminated to the community of each Village." which means that the village community should already know and apply the village regulations that have been ratified and promulgated. The aim of this research is to measure the level of legal awareness of village communities regarding village regulations because village regulations have an important function, namely as a means of upholding justice for village communities. This type of research is an empirical legal research method or an empirical juridical research method, a form of study using subject study, which specifically examines current legal provisions and what the facts are in society. Based on research results, the level of awareness among the Bendotretek Village community is low at 27.5% because many village residents are not aware of the village regulations. Respondents who have legal awareness of Bendotretek village regulations are village officials and stakeholders. Meanwhile, those who do not understand village regulations are people who are indifferent to village regulations. 
Position Law Letter Circular No. 13 Year 2021 About the Cancel of Homecoming for Eid Al-Fitr in 1441 Hijriah and Efforts to Control the Spread of Corona Viruses Disease (Covid-19) During the Holy Month of Ramadan 1442 Hijriah Maharani Nur Azizah; Hananto Widodo; Muhammad Fajar Adiantama
NOVUM : JURNAL HUKUM Vol. 11 No. 03 (2024): The Epistemic and Normative Being of Law: Protecting Rights, Regulating Pract
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2674/novum.v0i0.63439

Abstract

The 2021 Homecoming Circular Letter was issued to regulate public mobility during the Eid homecoming period as part of the government’s effort to control the spread of COVID-19. As an instrument created under urgent circumstances, the Circular Letter reflects the implementation of freies ermessen, allowing authorized officials to exercise discretion. This study aims to analyze the legal position and implications of the 2021 Homecoming Circular Letter, especially in relation to the principles of discretionary authority and statutory hierarchy. The research is normative in nature, using a statutory and conceptual approach. Legal materials were obtained through literature study and analyzed prescriptively to evaluate the consistency of the Circular Letter with existing legal norms. The findings show that Circular Letters are not explicitly included in Law Number 12 of 2011 concerning the Formation of Laws and Regulations. However, they may still carry binding power if supported by higher legal instruments such as Government Regulation No. 21 of 2020 and Presidential Decree No. 11 of 2020. Substantively, the 2021 Circular Letter aligns with Law No. 6 of 2018 on Health Quarantine. The authority of the COVID-19 Task Force to issue the Circular is justified in the context of pandemic-related emergency response. The study recommends that the issuance of Circular Letters must not contradict the hierarchy of laws and should emphasize public benefit, clarity, and legal certainty, particularly in times of crisis when government discretion is exercised.
Legal Implications of the Authority of Acting Regional Heads Based on Policy Regulations Hananto Widodo; Dicky Eko Prasetio; Ridwan Arma Subagyo; Sunanta Chemaming
Indonesian Journal of Administrative Law and Local Government Vol. 1 No. 01 (2024): 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.v1i01.35774

Abstract

The expansion of the authority of acting regional heads following the enactment of Circular Letter (SE) Number 821/5492/SJ actually raises legal issues. The legal issues include the legal certainty of the Circular Letter, which is a policy regulation and not externally binding, and is in conflict with statutory regulations. This research focuses on the legal implications of the authority of acting regional heads to dismiss and transfer ASN based on legal products in the form of SE, where the authority of acting regional heads is based on Law No. 10 of 2016. This research is a normative legal study that emphasizes a conceptual and legislative approach. Research findings indicate that the existence of Circular Letter (SE) Number 821/5492/SJ, which expands the authority of acting regional heads, has implications that create legal uncertainty. The recommendation from this research is that amendments to Law Number 23 of 2014 are necessary to clearly regulate the authority of acting regional heads.
Balancing National Constitutions and International Trade Commitments: Comparative Insights from Indonesia, Thailand, and India Hananto Widodo; Intan Lovisonnya; Fradhana Putra Disantara; Ruetaitip Chansrakaeo; Uzodinma Yurriens Ezenduka
Lampung Journal of International Law Vol. 7 No. 2 (2025)
Publisher : Faculty of Law Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/lajil.v7i2.4813

Abstract

Economic globalization has heightened tensions between national sovereignty and international trade obligations. This study compares constitutional review mechanisms in Indonesia, Thailand, and India, representing civil law and common law systems. Using normative legal methods with statute and comparative analysis, it finds that Indonesia applies ex post review of ratification laws, Thailand uses preventive ex ante review, and India employs substantive, precedent-based judicial review. Effectiveness varies: India achieves high substantive effectiveness through judicial activism, Thailand excels procedurally, and Indonesia remains limited to formal review. The study concludes that constitutional review effectiveness depends on institutional design, legal tradition, and the ability to balance constitutional supremacy with international commitments.