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Fauziyah Fauziyah
muhammadiyah Jember of University
Law, Crime, Criminology & Criminal Justice Social Sciences

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OTONOMI DESA ADAT PAKRAMAN BERDASARKAN PERDA PROVINSI BALI NOMOR 4 TAHUN 2019 TENTANG DESA ADAT DI BALI Fauziyah Fauziyah
MIMBAR YUSTITIA Vol 5 No 1 (2021): Juni 2021
Publisher : universitas islam darul ulum lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52166/mimbar.v5i1.2776

Abstract

The State of Indonesia recognizes and respects the existence of indigenous villages as mandated by the constitution in article 18B paragraph (2) of the Constitution of the Republic of Indonesia of 1945. Furthermore, Law No. 6 of 2014 concerning Villages was born as an application to the mandate of consensus. Pakraman Indigenous Village is one of the legal alliances in Indonesia where it has the right of autonomy to regulate its own household. For the sake of legal certainty, a Regional Regulation is needed as a legal basis to regulate the form or scope of autonomy of pakraman customary villages. The latest Regional Regulation on Indigenous Villages in Bali which was then issued in 2019 is quite a bit reviewed. This research aims to analyze how the form of autonomy in Bali based on Bali Provincial Regulation No. 4 of 2019 concerning Balinese Customary Villages, along with their boundaries in relation to the power of the Unitary State of the Republic of Indonesia. The method used is normative legal research. The approach used is the conceptual approach and the legislative approach.
OTONOMI DESA ADAT PAKRAMAN BERDASARKAN PERDA PROVINSI BALI NOMOR 4 TAHUN 2019 TENTANG DESA ADAT DI BALI Fauziyah Fauziyah
MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol 5 No 1 (2021): Juni 2021
Publisher : Universitas Islam Darul Ulum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52166/mimbar.v5i1.2776

Abstract

The State of Indonesia recognizes and respects the existence of indigenous villages as mandated by the constitution in article 18B paragraph (2) of the Constitution of the Republic of Indonesia of 1945. Furthermore, Law No. 6 of 2014 concerning Villages was born as an application to the mandate of consensus. Pakraman Indigenous Village is one of the legal alliances in Indonesia where it has the right of autonomy to regulate its own household. For the sake of legal certainty, a Regional Regulation is needed as a legal basis to regulate the form or scope of autonomy of pakraman customary villages. The latest Regional Regulation on Indigenous Villages in Bali which was then issued in 2019 is quite a bit reviewed. This research aims to analyze how the form of autonomy in Bali based on Bali Provincial Regulation No. 4 of 2019 concerning Balinese Customary Villages, along with their boundaries in relation to the power of the Unitary State of the Republic of Indonesia. The method used is normative legal research. The approach used is the conceptual approach and the legislative approach.
Responsibility of the Regional Government of the Special Capital Region of Jakarta for the Granting of Building Permits on National Vital Objects (Dispute Case of Residents VS PT. Pertamina (Persero) Located in Plumpang) Dita Yulia Sri Wardhani; Ahmad Suryono; Fauziyah Fauziyah
MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol 8 No 1 (2024): June 2024
Publisher : Universitas Islam Darul Ulum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52166/mimbar.v8i1.6242

Abstract

Land utilization at this time encounters many problems due to the lack of public awareness regarding the importance of ownership of land rights to the attitude of people who are indifferent to their surroundings. This causes conflicts until disputes arise over the utilization of state land by the community. The purpose of this study is to determine the responsibility of the Special Capital Region of the Jakarta Government and the settlement of disputes over the issuance of building permits on land owned by PT Pertamina (Persero) located in Plumpang. The author uses normative juridical research using books, journals, and expert opinions as secondary data sources. This research uses 3 (three) main approaches, namely the statute approach, the conceptual approach, and the case approach. The results of the study are that the Provincial Government of DKI Jakarta is responsible for all risks that may arise as a result of the issuance of IMB for residents around the PT Pertamina Depot in Plumpang as a consequence of the rule of law and democracy. In addition to dispute resolution through the general judicial channel, there are other ways with non-litigation channels or out-of-court channels. Responsibility consists of 2 (two) types, namely political responsibility (responsibility) and legal responsibility (liability). Dispute resolution can be carried out through the litigation route, namely by civil lawsuit and/or state administrative lawsuit and non-litigation route with alternative dispute resolution.
Implementation of the Duties of the Village Consultative Body in the Interim Village Head Election in Bondowoso Ali Zaenal Abidin; Fauziyah Fauziyah
MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol 9 No 2 (2025): December 2025
Publisher : Universitas Islam Darul Ulum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52166/mimbar.v9i2.10757

Abstract

This study examines the implementation of Article 37 letter h of the Bondowoso Regency Regional Regulation Number 2 of 2020 concerning the duties of the Village Consultative Body (BPD) in holding special village deliberations for the Election of the Interim Village Head (PAW). The background of this research departs from the gap between the normative framework that requires inclusive, democratic, and representative participation and the empirical reality that often shows the dominance of local elites and the lack of community involvement at large. The purpose of this study is to analyze the extent to which BPD's duties in PAW are carried out effectively in accordance with regulatory provisions, as well as to identify obstacles faced in their implementation. This study uses a normative juridical method combined with historical and conceptual approaches. The normative approach is carried out through the study of relevant laws and regulations, a historical approach tracing the development of PAW governance, and a conceptual approach examining academic views and participatory democratic theory. The findings of a case study in Pelalangan Village, Cermee District, show that although procedurally the implementation of PAW has been in accordance with applicable regulations, it still substantially does not meet the principle of fair representation. Village deliberative forums are dominated by certain community leaders, while women's groups, youth, marginalized communities, and the general public are less involved. The causative factors include low public legal literacy, the absence of clear technical guidelines regarding the composition of representation, and the lack of public information disclosure. This study concludes that the implementation of PAW requires regulatory reform, the preparation of technical guidelines for inclusive participation, and sustainable community empowerment to ensure democratic legitimacy. Strengthening structural and cultural aspects is the key to realizing a fair, participatory, and reflective PAW that reflects the aspirations of the entire community.
Co-Authors Ahmad Suryono Ali Zaenal Abidin Dita Yulia Sri Wardhani