Claim Missing Document
Check
Articles

Found 2 Documents
Search
Journal : Aktual Justice

KUDETA REDAKSIONAL DALAM PROSES LEGISLASI NASIONAL Ni Ketut Wiratny; Ni Luh Putu Geney Sri Kusuma Dewi
Jurnal Aktual Justice Vol 5 No 2 (2020): Aktual Justice
Publisher : Magister Hukum Pascasarjana Univeristas Ngurah Rai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47329/aktualjustice.v5i2.551

Abstract

It is undeniable that there are problems in the legislative process in Indonesia, one of which is tampering with articles or editorial coups. In fact, this illegal practice can occur in three conditions. First, it occurs in the draft produced by a special committee or commission before it is brought to the plenary session of the DPR. The second occurred after the DPR plenary session. The third is the most difficult to control, if an editorial coup is carried out by the government before it is passed by the president, then it is promulgated in the State Gazette. At this stage, when the bill is in the hands of the government, the DPR finds it difficult to check. Given that this is the final stage, the possibility of a new editorial coup has been traced after it was implemented. As a product that is agreed upon in the highest forum (plenary session) and is the result of joint legislative-executive agreement, the slightest change made is haram. This research is a normative juridical research by conducting literature studies and analyzing secondary data. The results of this study indicate that if it is true that there is an editorial coup in the legislative process, the legal product has formal and material defects which can be canceled through the right to test exercised by the Constitutional Court.
URGENSI KARTU DANA OTONOMI KHUSUS BAGI ORANG ASLI PAPUA (TINJAUAN DESENTRALISASI ASIMETRIS DI INDONESIA) Ni Luh Putu Geney Sri Kusuma Dewi
Jurnal Aktual Justice Vol 6 No 1 (2021): Aktual Justice
Publisher : Magister Hukum Pascasarjana Univeristas Ngurah Rai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47329/aktualjustice.v6i1.623

Abstract

Decentralization is one of the political choices in order to ensure the implementation of government affairs in the regions. History has noted that Indonesia has attempted (still) an ideal formula in the administration of local government, starting from the implementation of symmetrical or asymmetrical decentralization. This is not an easy matter considering the diversity that exists in each region, so a special method is needed to be able to fulfill the wishes of each region proportionally. The decentralization that Indonesia needs does not seem to be just ordinary decentralization, empirically Indonesia has actually implemented what is called asymmetric decentralization or decentralization that is not the same/not uniform for each region. The Papua region is an example of the implementation of asymmetric decentralization, but the problem is that the special labeling of the region reflects an asymmetrical framework, namely a serious effort designed to accommodate regional needs by considering all aspects based on regional needs. This means that in granting asymmetric decentralization to a region, it does not mean that it only fulfills sporadic needs based on bad experiences, namely the failure to carry out symmetrical decentralization as in other regions. Therefore, the author considers it important to analyze more deeply the special labeling for Papua has been given in accordance with the asymmetric decentralization framework or only meets sporadic demands to anticipate the issue of disintegration.