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Functionalization of the Village Head as Customary Leader in the Social Field in South Sumatra Abdullah, Abdullah; Hasan, KN. Sofyan; Rumesten, Iza; Pasyah, Taroman
Brawijaya Law Journal Vol 7, No 1 (2020): Contitutional Issues: Economic, Social and Cultural Rights
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2020.007.01.04

The presence of the New Order government has brought about changes in the lowest level of government, which fairly basic leads to some institutional unification and uniformity. This has resulted in the loss of legal community units in Indonesia. The loss of indigenous community units began with the beginning of Law Number 5 of 1979 on Village Governance as a follow-up to the birth of Law Number 5 of 1974 on the Principles of Government in the Regions. Correspondingly, in South Sumatra, the lowest institutional governance tool, which is also a territorial indigenous community unit called Marga was abolished through the Decree of the Governor of South Sumatra No.142/ KPTS/1983. With the abolition of the Marga, it implies the loss of a typical indigenous institution of South Sumatra, which was merged into the Village institution as stipulated in Law Number 5 of 1979 on Villages. As a result, all the lowest institutions in South Sumatra switched their names to villages including, their functions and authorities. The removal of the Marga government and being replaced with the Village, has resulted in the loss of social functions and the function of resolving disputes customarily manner in the community. The function shift of the village head was not necessarily the transfer of the authority of the pesirah Margahead to the village head in resolving arising problems in the community. As a result of this obscurity of the function, all arising problems in the community should resolve by the formal public law determined by the state. This results in an imbalance in the lowest community, including in villages in South Sumatra, to break the chain, the research framework has carried out to answer these problems.

Disclaimer of Political Rights As An Effort to Eradicate Corruption Yuningsih, Henny; Nashriana, Nashriana; Febriani, Indah; Rumesten, Iza
Corruptio Vol 5 No 1 (2024)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/corruptio.v5i1.3263

Corruption is an extraordinary crime, so extraordinary methods are also needed to prevent and eradicate this crime. The imposition of serious crimes is one of the ways needed to eradicate them, then new punitive breakthroughs are also needed in order to provide a sense of deterrence and fear to both the perpetrators and the community. Several cases that have been decided during the trial of corruption at the first level, among others, are on behalf of the accused, Inspector General. Djoko Susilo in the corruption case of the procurement of a driving license (SIM) simulator tool, the KPK Public Prosecutor demanded additional crimes of revoking the right to vote and vote in general elections and public office (political rights), and the panel of judges granted the demands at the appeal level. This additional punishment is regulated in article 35 of the Criminal Code in conjunction with article 18 paragraph (1) of Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 concerning Corruption. This research uses normative legal research methods, supported by primary, secondary and tertiary legal sources. With descriptive qualitative analysis.The problem with this additional punishment for depriving political rights is how to apply this additional punishment for depriving political rights in the prevention and eradication of corruption, because of course the KPK has strong reasons why this additional punishment is included as a punishment for perpetrators of corruption.

Positioning The Civil Servant in Public Position As Public Service Implementer Based on The Level of Profesionalism Measurement Utama, Cholidah; Febrian, Febrian; Ridwan, Ridwan; Rumesten, Iza
Jurnal Dinamika Hukum Vol 22, No 3 (2022)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2022.22.3.3137

The Civil Servants who will occupy positions must be placed with clearer positions and roles. A Civil Servant in placing a position can do his job efficiently and effectively if he knows his position is in accordance with his competence, but there are still several things that cause a Civil Servant to be unprofessional, namely the incompatibility (fitness) between the abilities possessed and the needs of the particular task. in the placement of positions, which has an impact on the low quality of public services. This research formulates the problems: 1). What are the indicators of the principle of professionalism for Civil Servants as implementers of Public Services? ; How does the system place Civil Servants in positions as executor of professional public services? This research is a type of normative legal research, namely legal research by conducting research using library research. The approach used in this research is the Statute Approach, Analytical Approach, Interpretive Approach, Comparative Approach, Legal Philosophical Approach, Legal History Approach, Case Approach Approach), and Legal Political Approach. The technique of processing research materials is carried out by taking an inventory and systematization of the existing laws and regulations. After doing library research, then processing the legal materials that have been obtained by systematizing the written legal materials. Legal materials that have been collected and processed are then analyzed using qualitative and quantitative analysis methods, and using interpretive methods. Conclusions in normative legal research emphasize deductive techniques. Conclusions are drawn in a deductive way. Drawing conclusions starting with deductive techniques through the application of legal theories and concepts in analyzing legal materials. 1). The measurement standards that must be met in determining the level of professionalism of Civil Servants as implementing public services consist of several indicators, namely qualification dimension indicators, competency dimension indicators, performance dimension indicators, and discipline dimension indicators. 2). The system places Civil Servants in public positions as executor of public services. There are three important points that must be in the placement system, First, the system or method of determining identity and determining completely the tasks and requirements in certain positions based on job analysis. Second, position placement based on merit system (skills/skills). Third, conduct education and training (training) to improve the performance of civil servants in public positions.Keywords: Civil Servants, Merit System, Public Service, Professionalism.

REORIENTASI KEWENANGAN JUDICIAL REVIEW DI MAHKAMAH KONSTITUSI BERDASARKAN PRINSIP SUPREMASI KONSTITUSI Hasibuan, M. Fadly; Rumesten, Iza
Ekspose: Jurnal Penelitian Hukum dan Pendidikan Vol 22, No 2 (2023): Desember
Publisher : Institut Agama Islam Negeri (IAIN) Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/ekspose.v22i2.2713

The background of the writing on the Reorientation of Judicial Review Authority in the Constitutional Court based on the Principle of Constitutional Supremacy is attributed to the potential neglect of the constitution in legislation due to the numerous overlaps and contradictions between the Constitutional Court's decisions on law testing and the Supreme Court's decisions on testing legislation against the law, subsequently causing legal uncertainty and injustice for seekers of justice. The dual-tier testing model or the dualism of judicial review authority, which is not integrated into a single institution, raises many problems in practical terms and is assessed to impact the neglect of the 1945 Constitution of the Republic of Indonesia. The aim of this research is to analyze, identify, and discover the legal concepts that should be related to the reorientation of judicial review authority in the Constitutional Court based on the principle of constitutional supremacy in the future. The research method used in this study is normative juridical, and the research findings suggest the need for legal reforms to integrate the judicial review authority in the Constitutional Court as an institution of legal justice or court of law and the Supreme Court as an institution of court of justice focusing on legal issues and the application of law outside the testing of legislation through the amendment of the 1945 Constitution of the Republic of Indonesia in Article 24A paragraph (1) and Article 24C paragraph (1) for the enforcement of constitutional supremacy throughout legislation.Latar belakang tulisan tentang Reorientasi Kewenangan Judicial Review di Mahkamah Konstitusi Berdasarkan Prinsip Supremasi Konstitusi adalah disebabkan karena potensi pengabaian konstitusi dalam peraturan perundang-undangan dengan banyaknya tumpang tindih dan kontradiksi antara putusan pengujian undang-undang di Mahkamah Konstitusi dan putusan pengujian peraturan perundang-undangan terhadap undang-undang di Mahkamah Agung yang kemudian menimbulkan ketidakpastian hukum dan keadilan bagi pencari keadilan. Model pengujian dua atap atau dualisme kewenangan judicial review yang belum terintegrasi dalam satu lembaga menimbulkan banyak permasalahan ditataran praktik dan dinilai berdampak pada pengabaian terhadap konsitusi UUD NRI 1945. Adapun tujuan penelitian ini adalah untuk menganalisis, mengidentifikasi dan menemukan konsep hukum yang seharusnya terkait reorientasi kewenangan judicial review di Mahkamah Konstitusi berdasarkan prinsip supremasi konstitusi yang seharusnya dimasa yang akan datang. Metode penelitian yang digunakan dalam penelitian ini adalah metode yuridis normatif dan hasil penelitian menjawab bahwa diperlukan pembaharuan hukum untuk menjadikan kewenangan judicial review di Mahkamah Konstitusi secara terintegrasi sebagai lembaga peradilan hukum atau court of law, dan menjadi Mahkamah Agung sebagai Lembaga court of justice yang fokus menangani persoalan hukum dan penerapan hukum diluar pengujian perundang-undangan melalui amandemen konstitusi Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 pada Pasal 24A ayat (1) dan Pasal 24C Ayat (1) demi penegakan supremasi konstitusi UUD NRI 1945 dalam seluruh peraturan perundang-undangan.

Functionalization of the Village Head as Customary Leader in the Social Field in South Sumatra Abdullah, Abdullah; Hasan, KN. Sofyan; Rumesten, Iza; Pasyah, Taroman
Brawijaya Law Journal Vol. 7 No. 1 (2020): Contitutional Issues: Economic, Social and Cultural Rights
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2020.007.01.04

The presence of the New Order government has brought about changes in the lowest level of government, which fairly basic leads to some institutional unification and uniformity. This has resulted in the loss of legal community units in Indonesia. The loss of indigenous community units began with the beginning of Law Number 5 of 1979 on Village Governance as a follow-up to the birth of Law Number 5 of 1974 on the Principles of Government in the Regions. Correspondingly, in South Sumatra, the lowest institutional governance tool, which is also a territorial indigenous community unit called Marga was abolished through the Decree of the Governor of South Sumatra No.142/ KPTS/1983. With the abolition of the Marga, it implies the loss of a typical indigenous institution of South Sumatra, which was merged into the Village institution as stipulated in Law Number 5 of 1979 on Villages. As a result, all the lowest institutions in South Sumatra switched their names to villages including, their functions and authorities. The removal of the Marga government and being replaced with the Village, has resulted in the loss of social functions and the function of resolving disputes customarily manner in the community. The function shift of the village head was not necessarily the transfer of the authority of the pesirah Margahead to the village head in resolving arising problems in the community. As a result of this obscurity of the function, all arising problems in the community should resolve by the formal public law determined by the state. This results in an imbalance in the lowest community, including in villages in South Sumatra, to break the chain, the research framework has carried out to answer these problems.

Reconstruction of Utilization Arrangements for the State Assets in the Form of Land to Increase Non-Tax State Revenue Sitindaon, Iwan Victor Leonardo; Febrian, Febrian; Ridwan, Ridwan; Rumesten, Iza
SASI Volume 28 Issue 2, June 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v28i2.938

Introduction: Article 33 of the 1945 Constitution of Republic Indonesia mandates the urgency of optimizing the management of state assets, whether in the management of controlled state assets, owned state assets, or separated state assets for improving the maximum benefit of the prosperity of the folk to create a prosperous state (welfare state). One form of owned state wealth is referred to as State Property/Assets (hereinafter abbreviated as BMN).Purposes of the Research: The author is interested in writing this article because there are still many BMN that are indicated to be vacant, neglected, and not used optimally, whereas this optimization of BMN is able to make a positive contribution to PNBP. This thing must be supported by strict and definite regulations about the management and utilization of BMN.Methods of the Research: The research methodology used in this study is legal research with a normative juridical study using a statutory approach and this theoretical concept uses several legal materials to support the data and theory.Results of the Research: The utilization of BMN in the form of land has not been optimal due to: the approval of the utilization of BMN by the Property Manager is not immediately followed up with a utilization agreement by a third party on the grounds that the utilization rate is still high; there is no regulation that regulates the objections of the fair value of BMN that will be utilized; the application of sanctions is not firm and there are articles on the management and utilization of BMN which are vague (vage normen).

Wewenang Kejaksaan Negeri Ogan Ilir Dalam Pengembalian Kerugian Keuangan Negara Pada Perkara Tindak Pidana Korupsi Yang Telah Berkekuatan Hukum Tetap Sulaiman, Azhary Arsyad; Rumesten, Iza; Achmad, Ruben
JUSTITIABLE - Jurnal Hukum Vol. 8 No. 1 (2025): JUSTITIABLE -Jurnal Hukum
Publisher : Universitas Bojonegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56071/justitiable.v8i1.1271

Kewenangan Kejaksaan diatur dalam Undang – Undang Nomor 11 Tahun 2021 perubahan atas Undang – Undang Nomor 16 Tahun 2004 tentang Kejaksaan Republik Indonesia. Kejaksaan Negeri Ogan Ilir menjadi lembaga yang mempunyai kewenangan untuk melaksanakan putusan hakim yang telah berkekuatan hukum tetap dalam hal pengembalian kerugian keuangan negara perkara tindak pidana korupsi. Kejaksaan Negeri Ogan Ilir menemukan hambatan dalam pelaksanaan kewenangannya. Penelitian ini menggunakan pendekatan perundang – undangan (Statute approach) untuk mengkaji kasus pengembalian kerugian keuangan negara di Kejaksaan Negeri Ogan Ilir. Hasil penelitian ini mengungkapkan Kejaksaan Negeri Ogan Ilir berhasil mengembalikan kerugian keuangan negara sesuai dengan putusan hakim yang telah berkekuatan hukum tetap meskipun mendapatkan kendala administrasi dari Penyidik Polres Ogan Ilir. Upaya yang bisa dilakukan untuk mengindari kejadian serupa adalah dengan meningkatkan koordinasi antara Penuntut Umum dan Penyidik.

The Transformation of Land Law in Indonesia: From Commodification to Maqāṣid and Social Justice Muntaqo, Firman; Mashudi, Mashudi; Pratama, Alip Dian; Ilmi, Abdullah Rosikh Fil; Rumesten, Iza
Al-Ahkam Vol. 35 No. 2 (2025): October
Publisher : Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21580/ahkam.2025.35.2.25605

This article examines the transformation of Indonesian land law from the paradigm of fundamental justice embodied in the 1960 Basic Agrarian Law (UUPA) to a market-oriented framework shaped by the Omnibus Law on Job Creation and decentralization policies. This shift generates tensions between constitutional mandates, Pancasila values, customary law, and politico-economic interests that often marginalize structural justice. The study aims to analyze how these foundational values interact with Islamic legal philosophy through the maqāṣid approach to construct a more equitable and sustainable agrarian system. Employing a qualitative normative legal method combined with interpretive and comparative analysis, the research finds that a dialogical integration of UUPA principles, maqāṣid, and the social function of land can generate an alternative paradigm of land governance. The novelty lies in proposing a model emphasizing tawāzun (balance), ecological protection, and social equality. Theoretically, the article enriches global law-and-development discourse, while practically providing normative grounds for reconstructing agrarian policy toward justice and sustainability.

Reconstruction Of Regional Autonomy To Strengthen Governor's Authority Sugianto, Bambang; Febrian, Febrian; Ridwan, Ridwan; Rumesten, Iza
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 2 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i2.2372

Autonomy is one of the essences of realizing regional independence and accelerating development, so that the community will enjoy development through the role of local governments that involve the community directly in development based on local wisdom. However, in the implementation of regional autonomy, problems arise and there are still many regions that are not prosperous and unable to make it happen. To get out of the problems faced in the implementation of autonomy, reconstruction of several inhibiting factors is carried out, namely: exploitation of regional income, understanding of the concept of decentralization and regional autonomy that is not yet stable, provision of inadequate regulations for implementing regional autonomy , human resources of government officials who have not fully supported the implementation of autonomy. area . corruption in the regions, a factor in the potential emergence of conflicts between regions. To get out of the problems in the implementation of autonomy, it is necessary to have the concept of strengthening the authority of the governor in regional autonomy so that the acceleration of economic growth and development will require some reconstruction of authority, namely: reconstruction of authority based on legal certainty, reconstruction of authority based on justice, reconstruction of authority based on a unitary state, and reconstruction of authority based at the provincial government level.Keywords: Reconstruction, Strengthening authority

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