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Aligning National Legal Development with Local Wisdom: A Study in the Special Region of Yogyakarta Supono, Supono; Prasetyoningsih, Nanik; Adilah, Indira Naquita
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.4346

Abstract

This research aims to detail and explain the alignment of national legal development with local wisdom, focusing on case studies in the Special Region of Yogyakarta. Through this review, this research seeks to provide a deeper understanding of how national law can be integrated with the rich local values in DIY. The method used in this research is a qualitative approach that involves several data collection techniques, including literature study, observation, and stakeholder interviews. The research results show the relevance and positive impact of aligning national legal development with local wisdom in the Special Region of Yogyakarta (DIY). By analyzing the role of local wisdom in developing national law, this research highlights the integration of traditional values with legal principles that apply nationally. The contribution of local wisdom, such as the spirit of justice, deliberation for consensus, and respect for human rights, has been proven to encourage the creation of an inclusive and effective legal system. In implementing legal development, the principle of legal pluralism is the primary basis, enabling the implementation of various dispute resolution mechanisms and natural resource management that respect cultural diversity and local values. This research also highlights concrete efforts in integrating local wisdom in national legal development, such as developing customary law that is in harmony with national law, integrating local wisdom in legal education, and empowering communities in applying traditional values in dispute resolution.
Law Enforcement of Cyber Pornography of Children on Social Media Based on Human Rights in Indonesia Ritonga, Sheila Hamdah Hanum; Prasetyoningsih, Nanik
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.4511

Abstract

Social media is beneficial as a medium of communication between users and users. Another advantage of social media is that it can expand relationships and knowledge. However, social media can be harmful if social media is used to damage, insult, and harass, which is why cyberporn emerged. Many children are perpetrators and victims of cyberporn on social media. This research aims to analyze cyberporn law enforcement on children on social media based on human rights in Indonesia. This research is normative research that looks at Legislation and cases. This research found that law enforcement in Indonesia is based on legal substance based on Law (U.U.) Number 19 of 2016 concerning Electronic Information and Transactions, Law No. 44 of 2008 concerning Pornography, Law No. 12 of 2022 concerning Crimes of Sexual Violence, the Criminal Code, and the Child Protection Law.
The Relevance Of Election Organizing Institutions In Resolving Presidential Election Disputes Rohadi, Ahmad Nur; Prasetyoningsih, Nanik
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.4624

Abstract

The General Election Commission (KPU) is an election organizing institution that is national, permanent, and independent in organizing elections. Holding direct presidential elections is a democratic instrument to create a more democratic government and a step toward realizing people's sovereignty. In this research activity, the type of research used is normative juridical research (legal research), which prioritizes library research. However, along the way, various accompanying problems arose. Ultimately, these things must be considered challenges and part of the maturation process to create a more mature state government. As explained above, the various disputes in the final stages of voting for the elected candidate pairs in the Presidential Election show that we still have a lot of democratic agenda that needs to be resolved regarding regulations, institutions, and law enforcement. Thus, the disputes that occur should become part of the election maturation process as the period changes. 
Effectiveness of Discipline Enforcement for Civil Servants in the Perspective of Legal Sociology Aspects Purwaningsih, Irma; Prasetyoningsih, Nanik
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i1.4766

Abstract

Enforcement of civil servant (PNS) discipline is an important element in personnel management that aims to maintain the performance and integrity of government officials. However, in its implementation, the civil servant discipline system still needs to improve its effectiveness. This research aims to analyze the effectiveness of enforcing civil servant discipline from the perspective of sociological aspects of law through statutory research methods and conceptual approaches. The research method used is a juridical-normative method with a conceptual approach. Data collection was carried out through literature studies of statutory regulations, books, journals and other relevant sources. Data analysis uses content analysis techniques and legal interpretation. The research results show that the effectiveness of enforcing civil servant discipline is influenced by several factors, including clarity and firmness of civil servant discipline regulations, leadership commitment to enforcing discipline, a proportional reward and punishment system, and a supportive organizational culture. Apart from that, sociological aspects such as values, norms and social interactions that apply in the civil servant environment also influence the effectiveness of disciplinary enforcement. This research concludes that the effectiveness of enforcing civil servant discipline is not only determined by formal legal aspects but is also influenced by sociological factors that exist in the civil servant work environment. Therefore, efforts to increase the effectiveness of enforcing civil servant discipline need to consider a holistic approach that includes legal, organizational and sociological aspects.
The Effectiveness of Yogyakarta City Regional Regulation Number 1 of 2022 on Waste Management in Tourism Cities Astuti, Sri Indah; Prasetyoningsih, Nanik
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.4768

Abstract

Sustainable waste management is an important issue in Yogyakarta, where Yogyakarta is a tourist city with the most visitors annually. To overcome the overflowing waste disposal at the Piyungan Integrated Waste Disposal Site (TPST), Bantul, the regional government of the city of Yogyakarta created a new Regional Regulation to update the Yogyakarta City PERDA No. 10 of 2012 became No. 1 of 2022. This PERDA regulates that Yogyakarta waste management can be carried out by the community independently, starting from sorting, re-management, and obtaining incentive funds as support from the local government as a form of motivation. However, in this PERDA, visitor waste management needs to be considered, which cannot be handled again by the community and temporary waste storage depots. Visitors still need to be made aware of independent waste management in Yogyakarta. This ultimately makes people unable to manage their waste independently, which has dangerous effects on health and creates smelly waste in the city of Yogyakarta.
Market Dynamics: the Impact of Modern Mini Markets on the Existence of Traditional Shops and Markets in Bantul District Budiman, Nikko; Suryono, Leli Joko; Prasetyoningsih, Nanik
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i2.4920

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This research discusses the impact of modern minimarkets on traditional shops and markets in Bantul Regency. Traditional markets in Indonesia face quite big challenges due to the emergence of minimarkets, which offer various advantages such as strategic locations, parking facilities, affordable prices, and better service. This research uses a juridical method with secondary data analysis and interviews with related parties. The research results show that modern minimarkets significantly reduce the turnover and number of customers of traditional retail stores. Government policies regulating the distance and zoning of minimarkets, as regulated in Bantul Regent Regulation Number 12 of 2010, have yet to be fully effective in protecting the existence of traditional markets. This study recommends policy revisions and capital and training support for conventional shop owners to create fairer and more sustainable business competition. Collaborative efforts between the government and business actors are needed to maintain the balance of the retail ecosystem and support local economic growth.
THE IMPLEMENTATION OF SIYASAH SYAR’IYAH PRINCIPLES IN THE CONSTITUTIONAL COURT DECISION REGARDING TO THE SIMULTANEOUS ELECTION 2019 Prasetyoningsih, Nanik; Wijayanti, Septi Nur; Syaroni, Anang; Lailam, Tanto
Jurnal Hukum Progresif Vol 7, No 2 (2019): Oktober 2019
Publisher : Doctoral of Law Program, Faculty of Law, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (164.836 KB) | DOI: 10.14710/hp.7.2.108-128

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This study aims to examine the Constitutional Court's Decision which carries out General Elections simultaneously from the Syiyasah Syar'iyah perspective, especially on the principle of justice. This research is a doctrinal research and uses two approaches namely the statutory approach and the concept approach. Based on Syiyasah Syar'iyah's perspective, the decision of the Constitutional Court is fair for political parties participating in elections for people who are willing to become candidates/vice presidents, and for people who want to test their electability. This decision also aims to reduce the number of non-voter groups. The Constitutional Court's decision also contains the principle of unity and alliance, because it aims to stop the practical political interests that lead to the collapse of unity.
PRESIDENTIAL THRESHOLD AS A LEGAL POLITICAL INSTRUMENT FOR SIMPLIFYING THE PARTY SYSTEM Shaim Muhtasib Amnur; Nanik Prasetyoningsih
International Conference on Health Science, Green Economics, Educational Review and Technology Vol. 7 No. 2 (2025): 10th IHERT (2025): IHERT (2025) SECOND ISSUE: International Conference on Healt
Publisher : Universitas Efarina

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

Abstract

The Presidential Threshold (PT) is formally constructed as a legal instrument to strengthen the presidential system by simplifying the political party system. However, this research argues that the PT has experienced a functional shift from an instrument of stability to a mechanism of political cartelization that hinders the circulation of the national elite. This study aims to analyze the legal-political ambivalence of the PT within the context of simultaneous elections and its implications for the quality of democracy. Employing a normative-juridical method with statutory, conceptual, and case approaches, this research finds that the 20% of PT substantively creates a candidacy oligopoly that undermines popular sovereignty. The novelty of this article lies in its critical analysis of the "pseudo-stability" generated by oversized coalitions post-PT, which ultimately triggers a deadlock in parliamentary accountability. This article concludes that to preserve the integrity of simultaneous elections, the PT must be recalibrated or abolished to end the consolidation of power by party elites.
Rekonstruksi Politik Legislasi Indonesia Setelah Putusan MK NO. 91/PUU-XVIII/2020: Antara Omnibus Law, Delegasi Legislasi, dan Kontrol Konstitusional Prasetyoningsih, Nanik; Wardhana, Allan Fatchan Gani
Lex Renaissance Vol 10 No 2: DESEMBER 2025
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/JLR.vol10.iss2.art6

Abstract

Constitutional Court Decision No. 91/PUU-XVIII/2020 marked a significant turning point in Indonesia’s legislative politics. For the first time, the Court declared a statute conditionally unconstitutional on the grounds of procedural defects, while simultaneously affirming the importance of meaningful public participation and due process in law-making. Nevertheless, subsequent developments have revealed an ambivalent trajectory. The Government issued Government Regulation in Lieu of Law No. 2 of 2022, which was later enacted as Law No. 6 of 2023, while the amendment to the Law on the Formation of Laws and Regulations through Law No. 13 of 2022 effectively institutionalized the omnibus method as a permanent legislative technique. This article examines the reconstruction of Indonesia’s legislative politics following Constitutional Court Decision No. 91/2020, particularly in relation to the omnibus law method, legislative delegation, and constitutional control. It employs a normative juridical method with statutory, conceptual, and case-based approaches, drawing on an analysis of the 1945 Constitution, the Job Creation Law, the Law on the Formation of Laws and Regulations, the Government Regulation in Lieu of Law on the Job Creation, and relevant Constitutional Court decisions issued after 2020. The study identifies three principal tendencies. First, the omnibus method has undergone a process of normalization within Indonesia’s legislative framework. Second, delegated legislation has reinforced a pattern of executive-heavy law-making, shifting substantial normative authority toward the executive branch. Third, constitutional control over formal judicial review remains inconsistent in its application. At the same time, although the Constitutional Court has normatively strengthened the principle of public participation, such participation has not yet been adequately institutionalized in legislative practice. This article argues that the reconstruction of Indonesia’s legislative politics should be directed toward limiting the use of the omnibus method, tightening the scope of normative delegation, strengthening meaningful public participation, and developing more robust mechanisms of checks and balances and constitutional dialogue. Such measures are necessary to ensure that the legislative process is brought back into alignment with the principles of the rule of law and constitutional democracy.
Co-Authors Adilah, Indira Naquita Agus Suharsono Ahmad Catur Adinugroho Aji, Dodi Setya Al Fath, M. Reformis Allan Fatchan Gani Wardhana, Allan Fatchan Gani Amirullah, Muhammad Nur Rifqi Ardhanaisvara, Putri Adinda Arie Kusuma Paksi Ascobat Gani Asela, Cyabriena Astuti, Sri Indah Banuaji, Muhammad Rahul Budiman, Nikko Dede Kania Diandra, Aditya Rizki Dianita Sugiyo, Dianita Dyah Pikanthi Diwanti Fadholah, Arno Fathi, Muhammad Fauzi, Muhammad Oky Ferdin Okta Wardana Firmansyah, Indra Fuadi, Gumilang Gunawan Wibisono Haji Aji, Rajali Hazar Kusmayanti, Hazar Hendrix Adinata Hikmah Zougira Hilman, Zihan Maulida Mulyani Ilham Putra Irma Purwaningsih Irrynta, Dwilani Iswandi, Kelik Iwan Satriawan Jamrudin, Hasrin Kelik Iswandi Leli Joko Suryono, Leli Joko Lis Noer Aini, Lis Noer M Adi Setiawan M. Reformis Al Fath Mahbub Pasca Al Bahy Marlinda, Ajeng Puspa Miftah Farid, Achmad Moh. Lubsi Tuqo Romadhan Muchammad Ichsan Muhammad Oky Fauzi Muhammad Rakha Ramadhan Muhari Muhari Mujiyana Mujiyana Nur Aida Ikrima Nur Fadilah Al Idrus Oktaviana, Adelia Haninditya Paksi, Arie Kusuma Podungge, Ismi Pratiwi Pratama, Sazia Aushar Chazradj Pujiono Pujiono Purwaningsih, Irma Putri, Windy Virdinia R. Yulianus Gatot Rahayu Werdiningih, Sri Rahmaddhani, Tiara Wiji Rettob, Fikram Ritonga, Sheila Hamdah Hanum Riyanto, Aisyah Ajeng Putri Rohadi, Ahmad Nur Rufaidah Rufaidah Rukmanda, Madha Agsyanohabi Sahara, Oktavia Putri Salma Aulia Farahdina Ariani Sambora, Riky Sari, Meilyana Cipta Septi Nur Wijayanti Shaffira, , Kiran Nathania Shaim Muhtasib Amnur Shandy Herlian Firmansyah Sulidewi, Nuraisyah Sunyoto Usman Supono Supono Syaroni, Anang Tamara, Amelia Puspa Tanto Lailam Wardhana, Allan Wempy Setyabudi Hernowo Wicaksono, Annas wiranda, aditya nefa Wrediningsih, Sri Yeni Widowaty Yudi Setiawan Yulianto Achmad Yulianto Achmad Zaid Zaid Zinatul Ashiqin Zainol Zulfakar, Andi Ahmad Zulianto, Restu Andi