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Journal : Diktum

Maju Mundur Transformasi Aturan Mengenai Analisis Mengenai Dampak Lingkungan Hidup di Indonesia Wagner, Ivan; Pratama, Erwin Aditya
Diktum: Jurnal Ilmu Hukum Vol. 8 No. 2 (2020): November 2020
Publisher : Universitas Pancasakti Tegal

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (629.958 KB) | DOI: 10.24905/diktum.v8i2.103

Abstract

Law Number 11 of 2020 concerning Job Creation has been legally enacted. The government claims that Law Job Creation is to improve the investment climate, especially in the global conditions that are being hit by the Covid-19 pandemic and are predicted to have a correlation with job creation for the peoples. However, from the time the law was proposed, discussed, endorsed, until it was signed, this law has resulted in problems, one of which is about Environmental Impact Assessment (EIA). The research questions formulated are: First, what is the historical trail of the birth and development of the EIA instrument? Second, based on the historical traces of its birth and development, is Law Job Creation a forward movement or is it a backward movement on the discourse of environmental protection? By focusing on the legal history side of EIA, using a socio-legal approach method, it can be conveyed that the traces of regulation on EIA from global discourse to national regulations are actually capable of capturing a value-based transformative vision of environmental awareness and justice. However, the transformation process was mostly carried out by the interests of foreign funding institutions that carried a vision of economic interests that reduced a value-based transformative vision. Law Job Creation is the next milestone in the transformation of regulations regarding EIA and environmental permits. If the vision for the transformation of environmental regulations is about a value-based vision towards a more environmentally aware and environment justice, it is clear that Law Job Creation is like bringing back to the starting point again.
Problematika Advokasi Kebijakan Publik Oleh Kelompok Masyarakat Sipil Di Kota Pontianak : (Studi Advokasi Kebijakan Publik Tentang Toleransi Di Kota Pontianak) Dawi, Klara; Wagner, Ivan; Yuliastiani, Anita; Loin, Raymundus; Pratama, Erwin Aditya
Diktum: Jurnal Ilmu Hukum Vol. 9 No. 2 (2021): November 2021
Publisher : Universitas Pancasakti Tegal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24905/diktum.v9i2.115

Abstract

One of the civil society groups currently advocating for public policy in Pontianak City is the Pontianak Bhinneka Network (PBN). As for public policy advocacy by the Pontianak Bhinneka Network regarding tolerance, it is interesting to examine the problems. The limitation scope of the problem is about problems of public policy advocacy by civil society groups. The PBN has made a fairly systematic and structured effort in advocating and encouraging policies on tolerance in Pontianak City. However, there are still problems faced by PBN in conducting policy advocacy covering internal and external aspects. From the internal aspect, it focuses on organizational capacity and relates to autonomy, especially related to funding and sustainability. Problems from the external aspect regarding relations with state actors and other actors, and managing public issues related to policy issues that are being pushed. The two external problems are interrelated, and related to sub-systems, namely legal substance, legal structure, and legal culture.
Rekonstruksi Perlindungan Hukum Hak Penguasaan Tanah Dan Bangunan Di Kawasan Sempadan Sungai Utomo, Setyo; Wagner, Ivan; Pratama, Erwin Aditya; Siswanto
Diktum: Jurnal Ilmu Hukum Vol. 10 No. 1 (2022): Mei 2022
Publisher : Universitas Pancasakti Tegal

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (372.17 KB) | DOI: 10.24905/diktum.v10i1.192

Abstract

The need for land for every human being is one of the basic rights that should be fulfilled by the State. But in the empirical fact that happens there is a small part of the community who owns most of the existing land, on the contrary most of the members of the community who only owns land on a small scale and even do not own the land. Government as the embodiment of the State should try how to make justice in land ownership for all citizens can be realized. The objective to be achieved in writing this scientific paper is that the human rights of every citizen to the needs of the land can be fulfilled. The writing method used in this scientific paper is descriptive method of analysis. The conclusion of the writing of this scientific paper is the redistribution of land as part of land reform is one effort that can be done by the Government in the fulfillment of the human rights of every citizen in the fulfillment of land ownership. The government should not hesitate to redistribute the land for the needy to get the land considering some of the existing legal umbrella allows for it
Keterbukaan Informasi Publik dan Partisipasi Bermakna dalam Perumusan RTRW Kalimantan Barat 2024–2044 Ivan Wagner; Weni Sentia Marsalena; Syarif Muhammad Ridho Rizki Maulufi Alkadrie
Diktum: Jurnal Ilmu Hukum Vol. 13 No. 2 (2025): November
Publisher : Universitas Pancasakti Tegal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24905/f6tjev53

Abstract

The implementation of Public Information Disclosure (Keterbukaan Informasi Publik/KIP) and public participation in the formulation of the Regional Spatial Plan (RTRW) of West Kalimantan Province for 2024–2044 continues to face structural and procedural challenges. Although Law Number 14 of 2008 on Public Information Disclosure guarantees the right of access to information, the practice of drafting the RTRW reveals a significant gap between legal norms and their empirical implementation. This study employs an empirical legal method with a socio-legal approach, conducted from January to August 2024, involving 18 informants comprising local government officials, members of the Regional House of Representatives (DPRD), academics, and representatives of civil society. Data were collected through in-depth interviews, document analysis, and participatory observation, and were examined using Arnstein’s Ladder of Citizen Participation as an analytical framework. The findings demonstrate that proactive disclosure of strategic documents, particularly the Strategic Environmental Assessment (KLHS) and the draft Regional Regulation (Raperda), remains inadequate through official governmental channels. Public participation mechanisms tend to be procedural and formalistic, falling short of the principles of public information disclosure, Free, Prior and Informed Consent (FPIC), and meaningful participation. Previous studies have not specifically examined the implementation of public information disclosure in the formulation of regional spatial planning regulations using Arnstein’s participatory framework, thereby leaving an empirical gap at the subnational level. The novelty of this research lies in integrating normative analysis of public information law with an empirical assessment grounded in participation theory to determine the actual degree of participation. Formally, participation reaches the level of consultation (tokenism), yet substantively it descends into therapy or manipulation (non-participation). These findings underscore the urgency of restructuring spatial governance to ensure substantive transparency and participatory legitimacy in regional policymaking.