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All Journal Legal Standing : Jurnal Ilmu Hukum Pena Justisia: Media Komunikasi dan Kajian Hukum
Sherlock Halmes Lekipiouw
Universitas Pattimura
Law, Crime, Criminology & Criminal Justice

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MODEL PENGAWASAN DAN TATA HUBUNGAN KEWENANGAN DALAM UPAYA PENCEGAHAN TINDAK PIDANA KORUPSI DANA DESA Sherlock Halmes Lekipiouw; Hendrik Salmon; Natanel Lainsamputty
Legal Standing : Jurnal Ilmu Hukum Vol 6, No 1 (2022): Maret
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v6i1.4405

Abstract

This research was conducted to review and analyze the technical aspects of the law, especially in the approach of constitutional law and administrative law related to governance and accountability and responsibility in managing village funds and how efforts are made in the framework of prevention, especially the supervision aspect of minimizing the existence of village funds. Misuse and corruption in the use of village funds by village officials. This study uses a socio-legal method (doctrinal analysis of the law) using 3 (three) approaches, namely first, the conditional approach, which refers to the village fund management policy strategy, mainly related to the high cases of corruption in village funds; (2) statute approach, which refers to the system to legislation relating to the management of village funds; and (3) legal policy, which relates to government policies in terms of monitoring and preventing corruption in the direction of village funds. All stages in this research are carried out using a community service research scheme that has been determined by the research institution to be carried out by the Research Team in the field of constitutional law studies and administrative law. The focus of the research will be directed at structuring the relationship of authority between law enforcement agencies and the government, in this case, the Government Internal Supervisory Apparatus (APIP), in conducting supervision and law enforcement on the management of village funds. This is intended to obtain a model and policy framework for managing village funds free from criminal acts of corruption to realize the principles of transparency and accountability by the applicable laws and regulations.
Preserving Indonesia's Unity Through The Law Based On Bhineka Tunggal Ika Soeleman Djaiz Baranyanan; Muhammad Irham; Iqbal Taufik; Hendrik Salmon; Sherlock Halmes Lekipiouw
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i1.5977

Abstract

Based on positive law, which applies in Indonesia,decentralization has "chosen" to give up some of itsauthority to autonomous regions. The delegated authority is very broad, because in Law Number. 23 of2014 uses a residual system when determining what is the authority of local governments. With the residualsystem, the central authorities have been clearly defined in advance, while the rest are autonomous regions.Therefore, authority in the health sector has become an autonomous regional government authority, becausethat authority is not determined as the authority of the central government. On the one hand this benefits thelocal government, because by using its authority, the regional government can regulate the health sectoraccording to its aspirations and capabilities. This research was approached in terms of legal science, bothat the dogmatic level, legal theory, and legal philosophy.In this study also used a normative legal approach orlibrary law, namely legal research conducted by examining library materials or secondary data.Normative legal research or literature includes research on semantic law, research on the degree of vertical andhorizontal synchronization, comparison of law and history of law. Research on legal principles is carriedout by interpreting the legal norms formulated in laws and regulations relating to local government inIndonesia. Based on this research study, it can be concluded that in terms of law and policy as well as thescope of authority of regional governments that support regional autonomy in the health sector, it is still unclearand inconsistent in the description of the functions and authority of regional governments in the health sector
Co-Authors Hendrik Salmon Iqbal Taufik Muhammad Irham Natanel Lainsamputty soeleman djaiz baranyanan