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Journal : LEGAL BRIEF

Legal Effectiveness Strategy for Drafting Democratic Village Regulations Mukhammad Soleh
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (793.413 KB)

Abstract

The Village Community has the right to give their opinion on the Village Regulation Draft”. Whether ithe law implementation in community empowerment participating iand idiscussion iof the iVillage iRegulation iDraft ion iPleret iVillage iRevenue iand Expenditurei Budget, Pohjentrek District, Pasuruan Regency, Indonesia, effective and implemented well. Thei purposei of ithis iresearch is to find effective village regulation-making strategies. This studyi usesi a inon-doctrinal ilegal study imethod, collection ithrough literature study and interviews, iusing iqualitative ijuridical analysisi methods. iThe iconclusion iof ithe iresearch iis ithat. The effectiveness strategy for drafting democratici village iregulations are First, the Socialization of legal methods. Second, Provision of a sufficient budget. Third, Good Time for implementation. Fourth, Imposing strict punishment for a delay in stipulating village regulations.
Analysis of Barriers to the Implementation of Participatory Principles in Implementing the Functions of the Village Consultative Body to Improve Mukhammad Soleh
LEGAL BRIEF Vol. 13 No. 1 (2024): April: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i1.948

Abstract

 The implementation of Village Government, between the Village Government and the Village Consultative Body must be carried out based on the principles of good governance. The Village Consultative Body has the function of discussing and agreeing on Draft Village Regulations with the Village Head; accommodate and channel the aspirations of the Village community; and supervising the performance of the Village Head. This research aims to analyze the factors that hinder the implementation of participatory principles in carrying out the functions of the Village Consultative Body; in Sukopuro village, Jabung District, Malang Regency. This research uses empirical juridical research methods, a sociological approach, extracting primary data through interviews and observations, while secondary data through literature study and analysis using sociological juridical analysis with the stages of data display, data reduction and drawing conclusions. The results of the research are that the factors inhibiting the implementation of participatory principles in carrying out the functions of the Village Consultative Body are internal factors: the Village Consultative Body (BPD) has not been able to accommodate the wishes of the community optimally; The quality of BPD's Human Resources (HR) is still lacking; Lack of socialization of BPD work programs. External factors: different human resources in the community; Society is less responsive to technological developments; The community is indifferent or does not care about the policies of the Village Government and the Village Consultative Body
Reconceptualisation of Restorative Justice Approach For Peaceful Dispute Resolution Soleh, Mukhammad; Santoso, Sigid Budi; Utami, Wiwik; B, Ainu Rofiq; Ayuni, Sinda Eria
LEGAL BRIEF Vol. 13 No. 6 (2025): February: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i6.1138

Abstract

People living in a community have a devoted hope of living in a peaceful environment free from conflict and harmonious social relationships. This dream must be realised via action, determination, and willpower. This project aims to rethink the administration of criminal justice by using Restorative Justice in a straightforward, quick, and cost-free manner. The method used is the normative legal research method because it analyses legal norms that are unclear and inconsistent between one norm and another that regulates restorative justice. The data used is secondary data in the form of primary legal materials, secondary legal materials, and tertiary legal materials, how to obtain legal materials using literature study, analysis of legal materials using qualitative legal analysis using interpretation. Results of the study: The new concept of a simple, fast, and free restorative justice approach in handling minor crimes, namely, carried out by the Head of the Sector Police, the Head of the Resort Police, and the Head of the Regional Police after receiving a peace statement signed by the perpetrator, victim, the perpetrator's family and the victim's family as well as community leaders and investigators who are mediators or facilitators of peace. They were continued by issuing a Letter of Termination of Investigation (SP3).
Analysis of Barriers to the Implementation of Participatory Principles in Implementing the Functions of the Village Consultative Body to Improve Soleh, Mukhammad
LEGAL BRIEF Vol. 13 No. 1 (2024): April: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i1.948

Abstract

 The implementation of Village Government, between the Village Government and the Village Consultative Body must be carried out based on the principles of good governance. The Village Consultative Body has the function of discussing and agreeing on Draft Village Regulations with the Village Head; accommodate and channel the aspirations of the Village community; and supervising the performance of the Village Head. This research aims to analyze the factors that hinder the implementation of participatory principles in carrying out the functions of the Village Consultative Body; in Sukopuro village, Jabung District, Malang Regency. This research uses empirical juridical research methods, a sociological approach, extracting primary data through interviews and observations, while secondary data through literature study and analysis using sociological juridical analysis with the stages of data display, data reduction and drawing conclusions. The results of the research are that the factors inhibiting the implementation of participatory principles in carrying out the functions of the Village Consultative Body are internal factors: the Village Consultative Body (BPD) has not been able to accommodate the wishes of the community optimally; The quality of BPD's Human Resources (HR) is still lacking; Lack of socialization of BPD work programs. External factors: different human resources in the community; Society is less responsive to technological developments; The community is indifferent or does not care about the policies of the Village Government and the Village Consultative Body
Analysis of Barriers to Village Consultation Boards in Following up Village Community Aspirations for Democracy Soleh, Mukhammad
LEGAL BRIEF Vol. 13 No. 3 (2024): August: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i3.1013

Abstract

Law Number 6 of 2014 concerning Villages states that the Village Consultative Body has the following functions: "a. discussing and agreeing on the Draft Village Regulation with the Village Head; b. accommodating and channeling the aspirations of the village community, and c. supervising the performance of the Village Head". Examine and evaluate the barriers that prevent the Village Consultative Body from carrying out its duties in a way that accommodates and directs the aspirations of the village community. Asrikaton Village, District, Malang Regency, was the research site for the empirical legal research method. The Village Head, Village Secretary, Chairman and Secretary of the Village Consultative Body, and Hamlet's Head are the sources of information. The results of the study found that the factors inhibiting the implementation of the functions of the Village Consultative Body in following up on the aspirations of the village community. a). Lack of intellectual qualities of personnel members of the Village Consultative Body. b). Members of the Village Consultative Council, busy with their lives in other jobs, work occupied before becoming a member of the Village Consultative Body. c). Operational budget support and infrastructure facilities from the Asrikaton Village Government are inadequate and minimal