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Legal Analysis of The Role of Diskominfo in Realizing Transparency & Public Participation in Gresik Regency Zulvikar, Muhammad Vicki; Wardana, Dodi Jaya
Jurnal Daulat Hukum Vol 8, No 2 (2025): June 2025
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v8i2.45172

Abstract

The government is responsible for maintaining the transparency of public services and improving public understanding of the law.  Data shows an increase in internet access in Indonesia between 2018 and 2022, with 98.44% of people using smartphones to access the internet in 2022.  Nevertheless, the APJII 2022-2023 survey shows that there are still many people who do not know the existing applications to improve public service transparency, especially in Gresik.  To combat the spread of hoaxes and help governments combat fake websites, decisive action is needed. This research shows that understanding the public is an important part of the democratic process, and increasing public awareness can help them better engage in public service. The findings of this study focus on the relationship between government and society is critical to achieving transparency, which is part of good governance. The findings of this study emphasize that electronic governance systems are very important to increase transparency and public participation. Improved training, technological infrastructure and application development are still needed, although there are still obstacles such as a lack of skilled human resources in the field of Information Technology. With the improvement of regulation and digital education, Diskominfo of Gresik Regency is expected to improve these conditions. To ensure public services run properly, applications such as Gresik Media must be used correctly. To ensure that the public can access clear and open policies and information, all government entities must support transparency in accordance with applicable law. All this is essential to support a good democracy.
Kekuatan Hukum Memorandum of Understanding (MoU) pada Perjanjian Pageant Miss Beauty Jatim 2022 Fresil Nurassyafa Almayunda; Hardian Iskandar; Dodi Jaya Wardana
Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia Vol. 2 No. 4 (2025): Amandemen : Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/amandemen.v2i4.1287

Abstract

The Memorandum of Understanding (MoU) is a preliminary agreement in contracts established under the Common Law system, and this research is based on the increasing phenomenon of using MoUs as an initial form of agreement in various fields, including the organization of beauty pageants; however, in practice, there remains ambiguity regarding the extent to which an MoU has binding legal force, particularly when one party commits a breach of contract or when disputes arise, thus this study formulates two main issues, namely the legal status of the parties involved in the MoU of the Miss Beauty East Java 2022 pageant agreement and the legal consequences of the non-performance of such MoU, employing a normative juridical method through statute, conceptual, and case approaches to analyze the practice of MoUs in Miss Beauty East Java 2022, and the findings indicate that although MoUs are not explicitly regulated in the Indonesian Civil Code, they may be considered preliminary agreements subject to the principle of freedom of contract under Article 1338 of the Civil Code, with the legal status of the parties being binding as long as the MoU fulfills the essential elements of a valid contract (agreement, legal capacity, specific object, and lawful cause), while the legal consequences of non performance may give rise to legal liability resolved through non-litigation efforts such as mediation or arbitration, or ultimately through litigation if amicable settlement fails, leading to the conclusion that the MoU in the Miss Beauty East Java 2022 pageant possesses binding legal force as a preliminary agreement rather than merely a moral commitment, provided that it is clearly drafted and meets the validity requirements of a contract under Indonesian law.
Implementasi Perda Nomor 7 Tahun 2002 terhadap Praktik Pelacuran dan Perbuatan Cabul di Kabupaten Gresik Nadia Prawira Supriadi; Dodi Jaya Wardana; Ifahda Pratama Hapsari
Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Vol. 2 No. 5 (2025): September : Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/aliansi.v2i5.1267

Abstract

This study aims to discuss the implementation issues of Gresik Regency Regional Regulation Number 7 of 2002 as an effort to overcome street prostitution. Gresik Regency, known as the City of Islamic Students, faces challenges related to prostitution practices. Although Gresik Regency only has the authority to regulate street prostitution, efforts were made by issuing Regional Regulation (Perda) Number 7 of 2002 concerning the Eradication of Prostitution and Indecent Acts in Gresik Regency. However, in its implementation, this Perda is considered ineffective in overcoming the growing number of street prostitution. Several problems emerged, including the implementation of the Perda and its level of success. The research method used is the sociological juridical method with data collection techniques through observation and interviews. The results of the study show that the Gresik Regency Satpol PP implemented Perda Number 7 of 2002 by conducting raids. However, the raids still face obstacles such as information leaks, limited authority, and military interference in prostitution efforts. In addition to raids, the authorities also provide an introduction to the Perda to prostitutes and pimps as a preventive measure. The analysis of the factors driving the effectiveness of the law shows that this Regional Regulation has not been implemented optimally. Inhibiting factors include law enforcement, public legal awareness, and cultural factors. The author recommends that the Gresik Regency Government conduct socialization of Regional Regulation Number 7 of 2002 to the public to improve understanding and legal awareness. In addition, Satpol PP needs to conduct routine raids in collaboration with the police to follow up on the involvement of military personnel and take firm action against civil servants who leak the implementation of raids. The public is also expected to support the authorities in overcoming prostitution
Online gambling: Cross-border aspects and potential risk of divorce Setiyawan, Deni; Fauzia, Ana; Mohamed, Muhammad Azimuddin; Pratama Hapsari, Ifahda; Mashdurohatun, Anis; Jaya Wardana, Dodi
Jurnal Hukum Novelty Vol. 16 No. 2 (2025)
Publisher : Universitas Ahmad Dahlan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26555/jhn.v16i2.29186

Abstract

Introduction to the Problem: Online gambling produces cascading social harms (debt, mental distress, and family conflict) that are surfacing in Indonesian divorce cases. Yet core enforcement gaps persist because gambling platforms, servers, and payment rails are frequently offshore and evidence is digital and volatile. Existing tools in the ITE Law and the Criminal Code lag behind these modalities. Purpose/Study Objectives: To analyze how cross-border features of online gambling undermine Indonesian criminal and family-law responses, and to propose an integrated reform agenda that links criminal accountability with family protection. Design/Methodology/Approach: Normative legal research combining statutory and conceptual analysis with comparative insights (licensed regimes such as Australia/UK; prohibition/ambiguous regimes) and illustrative Indonesian Religious Court decisions referencing gambling-driven marital breakdown. Findings: Indonesia’s response is hampered by three enforcement deficits: (1) Platform/finance dependence: foreign digital platforms and domestic payment intermediaries (banks, e-wallets, telecoms) enable chip-based and crypto-denominated flows that current doctrine barely reaches; (2) Digital-evidence fragility: logs, metadata, and accounts are transient or hosted abroad, while preservation and admissibility standards and forensics capacity remain under-specified; and (3) Limited cross-border reach: narrow MLAT/extradition coverage and dual-criminality barriers where gambling is legal overseas. These deficits help explain a growing footprint of gambling in Indonesian divorce pleadings and judicial reasoning, even when causation is indirect (asset dissipation, coercive financial control, persistent conflict). Comparative practice shows courts can recognize gambling-related “wastage” in property division and maintenance, while regulators can harden payment and advertising controls. Overall, the paper finds that doctrinal silos between criminal/ITE rules and the Marriage Law weaken both enforcement and family protection. Paper Type: Research Article
Legal Aspects of Governance Regarding Single Candidates Against Empty Boxes in Regional Elections and Their Implications for Indonesian Democracy Janah, Eka Nur; Jaya Wardana, Dodi
Jurnal Daulat Hukum Vol 8, No 3 (2025): September 2025
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v8i3.48646

Abstract

Regional elections with a single candidate against an empty ticket raise fundamental questions regarding their compliance with democratic principles and constitutionality, as well as their impact on political stability. This study aims to analyze the legal aspects of governance related to this mechanism and its impact on Indonesia's democratic system. The method used is normative juridical with a statutory and conceptual approach. Data were obtained through a literature review of relevant laws and doctrines. Legitimately legitimized by Constitutional Court Decision No. 100/PUU-XIII/2015, this mechanism formally addresses questions of constitutionality by guaranteeing citizens' voting rights and the continuity of government. While providing space for voter participation, this mechanism has the potential to limit the public's right to choose from a variety of options, which is the essence of democracy. Constitutionally, its existence is questionable because it limits fair play in elections. However, substantively, this practice sparks debate about democratic principles because it drastically limits voter choice and reduces the quality of the contestation of ideas. Its impact on political stability is twofold: in the short term, it can maintain stability by preventing a power vacuum. However, in the long term, the victory of a single candidate with potentially low public legitimacy could erode trust, weaken checks and balances, and ultimately threaten healthy political stability. The Regional Election Law must be thoroughly revised to ensure a healthy and fair contestation.
The Effectiveness of Religious Influence in Electoral Participation Septiana, Lia Nadella; Wardana, Dodi Jaya
LEGAL BRIEF Vol. 13 No. 4 (2024): October: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i4.1129

Abstract

Following the general election in Indonesia, various groups engaged in this democratic process with the objective of identifying a leader capable of guiding the nation and its citizens toward the attainment of justice and prosperity. This study will elucidate the various factors influence their participation in this election, with a particular focus on the impact of religion. The effectiveness of religion in electoral processes is a subject of considerable analysis. Nonetheless, it may yield both beneficial and detrimental effects in the context of elections. The beneficial outcomes comprise enhanced inter-group tolerance, whereas the detrimental aspects involve suspicion, conflict, and division. Nonetheless, the research posits that the impact of religion, regardless of its form or extent, will not adversely influence the electoral process provided it remains in alignment with constitutional principles
Restorative Justice Sebagai Upaya Hukum Untuk Memecahkan Konflik Antar Pencak Silat Di kabupaten Gresik Astari P, Enggar Windi; Ifahda Pratama Hapsari; Dodi Jaya Wardana
Jurnal Ilmu Hukum, Humaniora dan Politik Vol. 5 No. 2 (2025): (JIHHP) Jurnal Ilmu Hukum, Humaniora dan Politik
Publisher : Dinasti Review Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jihhp.v5i2.3915

Abstract

Melihat intensitas konflik antar perguruan silat yang terus meningkat di Kabupaten Gresik, diperlukan pendekatan hukum yang tidak hanya mengutamakan penegakan hukum formal, tetapi juga upaya pemulihan dan rekonsiliasi. Pelaku penggeroyokan antar perguruan silat di Gresik perlu dipertimbangkan untuk menjalani Restorative Justice karena pendekatan ini dapat membantu memulihkan hubungan sosial, mengurangi konflik antar kelompok, serta meminimalisir tindakan balas dendam di masa depan. Meskipun mereka telah melakukan tindak pidana penggeroyokan, Restorative Justice memberi tempat bagi bagi para pelaku untuk menanggungjawab atas perbuatannya, saling meminta maaf dan memaafkan, serta berperan aktif dalam ikhtiar perbaikan di komunitas. Tindak pidana penggeroyokan sendiri masuk dalam kategori tindak pidana kekerasan yang diatur dalam Pasal 170 Kitab Undang-Undang Hukum Pidana (KUHP), di mana seseorang atau sekelompok orang dengan sengaja melakukan kekerasan terhadap orang atau barang di tempat umum. Penelitian ini menerapkan pendekatan yuridis normatif, yaitu dengan menganalisis peraturan perundang-undangan, konsep-konsep hukum, serta studi kasus terkait. Penelitian ini ditujukan untuk meneliti Restorative Justice sebagai upaya hukum yang menjadi Solusi dalam permasalahan konflik antar pencak silat di Kabupaten Gresik. Restorative Justice memberikan pendekatan yang berpotensi efektif dalam mengatasi konflik antar perguruan pencak silat di Kabupaten Gresik dengan menekankan pemulihan hubungan dan menyelesaikan permasalahan dengan adil untuk para pihak.
Strengthening Public Participation in The Law-Making Sukardi, Sukardi; Wardana, Dodi Jaya
JUSTITIA JURNAL HUKUM Vol 6 No 2 (2022): Justitia Jurnal Hukum
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justitia.v6i2.17241

Abstract

The legal character of a democratic law is identical to its main characteristic, namely the participation of all groups in society. If democracy is defined as the participation of members or groups in society, then this is tantamount to accepting the position that democracy is only possible when the existing groups of people have relatively balanced political power. If one group of people is too strong, then the life of democracy will be threatened. At least, democracy depends on the will of the rulers. Community participation or participation is part of the principles of democracy. One of the main prerequisites for realizing this participation is openness or transparency. The principle of openness contains at least two main elements that allow community participation to occur, namely: First, the right to know. This right is a fundamental right in a democracy. That is, all matters relating to the public interest, then the public should know it completely, correctly and accurately. Second, the right to think. After the public has access to information about what is the public's right to know it, then the right of the community is also to be involved in contributing in order to support government policies.
The Making of Law Non-Participatory and Its Impact on Democracy Wardana, Dodi Jaya
JUSTITIA JURNAL HUKUM Vol 7 No 1 (2023): Justitia Jurnal Hukum
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justitia.v7i1.17565

Abstract

The formation of laws in Indonesia today, both formally and materially, is still prone to deviations (controversy) by not involving public participation and not being open. This will result in problems in the form of legislative corruption, buying and selling articles, law products with weak legitimacy to Judicial Review. Public participation in the process of forming laws is an important element, because laws that are formed in a participatory manner are in line with democratic rule of law and meet the legal needs of society. Democracy. The focus of the study and analysis carried out in this research is related to the formation of an omnibus law (Cipta Kerja) which is considered undemocratic so that it poses a danger (legal consequences) and various responses from the community ranging from community rejection, students to workers who hold demonstrations. (demo) in various regions, then the submission of a judicial review at the constitutional court, then the inclusion of bills that are not important into the national legislation program and the existence of corruption in legislation in the law-making stage. This research is a normative legal research that aims to find solutions to legal issues and problems that arise in Indonesia in it, so that the results to be achieved then provide a prescription on what should be on the issues raised. The approach used is the law approach and the concept approach. The results of this study show that the process of forming the Omnibus law (Cipta Kerja) is full of interests, in this case the Government, DPR to Entrepreneurs so that it is not transparent (closed) and the lack of public participation which results in violations of democratic values and the constitution.Keywords: Formation of Laws; Not Participatory; Democracy.
Perlindungan Hukum Bagi Konsumen Terhadap Produk Kosmetik yang Tidak Terdaftar BPOM Ameliani, Putri; Iskandar, Hardian; Wardana, Dodi Jaya
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 4 No. 2 (2022)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v4i2.2062

Abstract

Cosmetics are a series of products used to beautify oneself in various forms including liquid, powder, solid, foam and cream. But the distribution of cosmetics is worrying, because not a few of the cosmetics circulating in the market have not been registered with BPOM, so the contents in them may not be safe and can still be consumed. If consumers are not careful with the composition of the ingredients of the products used and it turns out that the products used have not been BPOM, it will be dangerous for their health, because cosmetic products contain chemicals that must be in accordance with the levels of use, therefore the purpose of this paper is to discuss how BPOM's role in dealing with the problem of cosmetic products that have not been registered with BPOM. By using normative research methods to find a way out of this problem of violating consumer rights, it is necessary to strictly enforce it so that business actors are more aware of the products being sold and business actors who violate them will be subject to administrative sanctions or criminal sanctions.
Co-Authors Ade Irma Suryani Ady Supryadi Aini, Assuratul Alifiyah Fitrah Rahmadhani Althofurrahman, Muhammad Belva Ameliani, Putri Andi Rahmad Rahim Anis Mashdurohatun Anisa Tri Ariyanti Anita Handayani Arya Maulana P Arya Maulana P.P Astari P, Enggar Windi Aziz, Kemas Abdul Damar Gondo Arwono Deni Setiyawa Dewi, Anies Prima Dito Kurniawan, Dito Edy Safitri Eka Nurjanah EL Aisy, Nandina Etis Fitriawati Nurjannah Fadlulloh, Muhammad Dito Fahmi Idris Fahrul Ramdan Suwandi Fauzia, Ana Fidinansyah, Muhammad Iqbal Fresil Nurassyafa Almayunda Guruh Wicahyo Prabowo Hapsari, Iffahdah Pratama Hardian Iskandar Hari Wibowo Hasnan Bachtiar Idris, Fahmi Ifahda Pratama Hapsari Ikhzami, Albi Ira Ayu Widianti Ismail, Subiyanto Janah, Eka Nur Khafidah Khafidah Khastama, Iqbal Kiki Andrian Levina Yustitianingtyas Lulut Sulistiono Maradona Maradona Maulana P, Arya Maulaya M, Mila Moch Rizky Giri Moh. Rafiqi Luthfi Rahman Mohamed, Muhammad Azimuddin Muhammad Azkannasabi Muhammad Belva Althofurrahman Muhammad Ilham Rizaldi Muhammad Roqib muhammad roqib, muhammad Mulyasari, Septy Dwi Diantika Nadia Elza Irsyada Nadia Prawira Supriadi Noer Rakhanaufal, Yusuf Nova, Elisa Nur Fauziyah Pratama H, Ifadah Pratama Hapsari, Ifahda Putri, Fresiella ‘Arsy Mahdavika Radian Salman Radya, Kenya Nayaka Rahmadhani, Alifiyah Fitrah Rahmat Agus Santoso Rahmayani, Ima Raihan Putra Sakha Ratih Pratiwi Syurkawi Ratih, Ratih Pratiwi Syurkawi Ridho Afrizal Abd Rohim Rizkyfia Desya Anindyta Sania Puspita Anggraini Sari, Anggun Purnama Septiana, Lia Nadella Setiyawan, Deni Sukardi . Sukardi Sukardi Sukardi Sukardi Sukaris Sulistiono, Lulut Suri Oktavian Syarif Hidayatulloh Toetik Rahayuningsih Virgianty Febri Wulandari Yan Ubaidilah Muttaqin Zulvikar, Muhammad Vicki