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PERKEMBANGAN KONSEP ATAU PEMIKIRAN TEORITIK TENTANG DISKRESI BERBASIS INVESTASI DI DAERAH Subadi Subadi; Tiara Oliviarizky Toersina
Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada Vol 30, No 1 (2018)
Publisher : Fakultas Hukum Universitas Gadjah Mada

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (15.45 KB) | DOI: 10.22146/jmh.29222

Abstract

AbstractRegional autonomy as an effort to accelerate the welfare of the people still can not meet the expectations and still needed innovation or legal breakthrough by head of a district.  This research has revealed that discretion can be a crucial and innovative solution to address the need, deadlock, legal vacuum, policies and regulations for accelerating investment in the region, with the obligation of reporting to the superior authority and not exceeding the limits of authority. IntisariOtonomi daerah sebagai upaya mempercepat kesejahteraan rakyat masih belum dapat memenuhi harapan dan masih diperlukan inovasi atau terobosan-terobosan hukum oleh   kepala daerah. Penelitian ini telah mengungkap dan menemukan bahwa diskresi dapat menjadi solusi kreaktif dan inovatif untuk mengatasi kebutuhan, kebuntuan, kekosongan hukum, kebijakan dan regulasi untuk percepatan investasi di daerah, dengan kewajiban melaporkan kepada atasannya dan tidak boleh melampaui batas kewenangan.
Problematika Dan Implikasi Omnibus Law Cipta Kerja Pada Perseroan Terbatas Krista Yitawati; Anik Tri Haryani; Subadi; Adilla Nila Krusita
YUSTISIA MERDEKA : Jurnal Ilmiah Hukum Vol. 8 No. 2 (2022): JURNAL YUSTISIA MERDEKA
Publisher : Universitas Merdeka Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33319/yume.v8i2.187

Abstract

Abstract— Despite the various controversies, the presence of the Omnibus Law on Job Creation have repealed at least two regulations and changed at least 80 (eight twenty) other laws. One of those affected is the Law Number 40 of 2007 concerning Limited Liability Companies (UU PT). Study This study intends to examine what the existing concepts and problems look like on the Omnibus Law on Job Creation, as well as its implications for the regulation and the basic concept of a Limited Liability Company. This study is a normative research (doctrinal) to secondary data obtained from literature studies (library research), which consists of primary and secondary legal materials. Research result shows that the Omnibus Law is a legislative method by unites various types of laws into one specific law. This has the potential to negate the diverse interests of each laws in the name of one interest only. In addition, the practice of drafting it in Indonesia does not have a juridical basis and violates the principle of openness and participation. In terms of its implications for the PT Law, a number of the provisions in the Omnibus Law on Job Creation have expanded the meaning of the Company Limited by presenting the Sole Proprietorship model which gives birth to a number of contradictions in the basic concept of a Limited Liability Company, in addition to removing the minimum capital limit of the Company which is feared will cause vulnerabilities for business continuity.
KONFLIK PENGUASAAN DAN PENGUSAHAAN SUMUR TUA MINYAK DAN GAS BUMI DI KABUPATEN BOJONEGORO, JAWA TIMUR Subadi Subadi
Arena Hukum Vol. 16 No. 1 (2023)
Publisher : Arena Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum.2023.01601.10

Abstract

The conflict of control and exploitation of old oil and gas wells in Bojonegoro Regency is a latent conflict between the people or groups of miners and Pertamina EP Asset IV Field Cepu, which is latent and difficult to resolve. This normative legal research, supported by in-depth interviews, aims to find the legal aspects of control and exploitation by the people and the multiple conflicts that occur as well as ideas for their resolution. The results show: 1) Pertamina EP's control and exploitation of old wells is based on statutory regulations, while the control and exploitation by the people is only based on customary law. 2) Differences in perception between Pertamina EP can be settled through: a) legalizing, facilitating requirements and shortening the bureaucracy for licensing upstream and downstream activities by the people; b) reducing the ambiguity attitude of Pertamina EP which does not want to work on old wells but still hopes for the results; c) Pertamina EP, the Regional Government and Perhutani should continue to provide guidance, supervision.
PARTISIPASI MASYARAKAT DALAM PENGAWASAN PEMILU DI DESA NGUJUNG, KECAMATAN MAOSPATI, KABUPATEN MAGETAN Taufiq Yuli Purnama; Sigit Sapto Nugroho; Subadi; Mudji Rahardjo
JURNAL DAYA-MAS Vol. 8 No. 1 (2023): JURNAL DAYA-MAS
Publisher : Universitas Merdeka Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33319/dymas.v8i1.103

Abstract

The purpose of writing this journal is to achieve balance and realize a democratic state based on Pancasila. Bawaslu Regulation Regulation of the General Election Supervisory Agency Number 21 of 2018 concerning Supervision of the Implementation of General Elections which regulates forms of public participation. The method used in the implementation of community service uses legal and practical counseling methods. In this socialization, it is a form of community participation in supervising general elections. Community service activities are carried out for the community and village officials regarding the form of community participation in supervising general elections. The results of the implementation of community service are the importance of the participation of elements of the community in this oversight function will affect the realization of strengthening the authority of Bawaslu in the implementation of elections in Indonesia where this also has an influence on the law enforcement of election organizers in Indonesia, in this case is community participation, the benchmark for community participation here can be measured from the existence of community participation in supervising the implementation of elections, especially in Ngujung Village to achieve balance and realize a democratic state based on Pancasila.
Implementation Of The Legislative Function Of The Regional People's Representative Council (DPRD) Of Madison District In The Preparation Of Local Regulations Sarjiyati; Sigit Sapto Nugroho; Subadi; Taufiq Yuli Purnama; Endang Sri Mulyani
YUSTISIA MERDEKA : Jurnal Ilmiah Hukum Vol. 10 No. 2 (2024): JURNAL YUSTISIA MERDEKA
Publisher : Universitas Merdeka Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33319/yume.v10i2.278

Abstract

Abstract Introduction to the Problem : The factors that hinder the implementation of the legislative function of the Madiun Regency DPRD in the formation of Madiun Regency Regional Regulations. Purpose /Study Objectives : Describe the implementation of the legislative function of the Madiun Regency DPRD in the formation of Madiun Regency Regional Regulations . Design/Methodology/Approach : The research method used is empirical juridical. Data was collected by literature study, interviews, and documentation. Findings : The results showed that the implementation of the legislative function of the Madiun Regency DPRD in the formation of Madiun Regency Regional Regulations is in line with Law Number 12 of 2011 concerning the Formation of Legislation, Factors that become obstacles in the implementation of the legislative function of the Madiun Regency DPRD in the formation of Madiun Regency Regional Regulations come from internal and external factors. Internal factors include educational factors or human resources, data or information availability factors, experience factors owned by DPRD members, as well as conflicts of interest between special committee members and the proposed ideas of each special committee member are often different. Meanwhile, external factors include the interests of stakeholders or stakeholders that conflict with the local regulation and the absence of stakeholders at the discussion meeting of the draft regulation. Paper Type : Research Article