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All Journal Substantive Justice International Journal of Law Pena Justisia: Media Komunikasi dan Kajian Hukum Jurnal Administrative Reform Risalah Hukum
Rosmini
Faculty Of Law, Universitas Mulawarman, Samarinda, Indonesia
Decision Sciences, Operations Research & Management Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Problematika Hukum Penerapan Presidential Threshold dalam Pemilihan Umum di Indonesia Asep Wijaya; Rosmini; Poppilea Erwinta
Jurnal Risalah Hukum Volume 16, Nomor 1, Juni 2020
Publisher : Fakultas Hukum Universitas Mulawarman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/risalah.v16i1.316

Abstract

Presidential Threshold is a problem because the dynamics of politics is dynamic. The number of votes gained by a political party in the last general elections will likely get the same number of votes at the time of the general elections. Moreover, the urgency of the diatity of this condition then reduce the right of everyone to get the same opportunity in the Government. Threshold of presidential nominations including open legal policy due to the source of attribution authority in the Constitution, especially in article 6A paragraph (2) and article 22E paragraph (6) of the Republic of the State law Indonesia year 1945 as a higher legal norm does not regulate or give limits to anyone who wants to run for presidential candidate and vice president. Keywords: constitution, general election, submission of candidate pair, threshold
Perbandingan Konstitusional Pengaturan Impeachment Presiden Antara Indonesia Dengan Jerman Adella Anindia; Rosmini; Poppilea Erwinta
Jurnal Risalah Hukum Volume 17, Nomor 2, Desember 2021
Publisher : Fakultas Hukum Universitas Mulawarman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/risalah.v18i2.600

Abstract

The impeachment system in Germany is implemented slightly differently from that applied in Indonesia. The impeachment system in Germany is executed by the Constitutional Court whose decision is final, which means that it does not receive a 2/3 proposal from the Bundestag and the Bundestraat regarding the dismissal of the President and Vice President as in Indonesia. The regulation of the impeachment system in a country needs to be studied by involving a comparison country to find out whether the impeachment system in a country runs optimally and ideally. Comparison of Impeachment between Indonesia and Germany, The mechanism for dismissing the president as regulated in the constitution is an affirmation that the Republic of Indonesia is a state of law, this is a step forward in a constitutional perspective so that impeachment of the president based on non-juridical factors alone does not happen again in the future. dismissal of the president as regulated in the 1945 Constitution, because in the impeachment mechanism, the decision of the Constitutional Court confirming the opinion of the DPR is not binding. Keywords: president impeachment; constitutional law; comparative law.
Legal Protection of Mahakam Dolphins Through Water Conservation Areas in Kutai Kartanegara Regency Rosmini Rosmini; Zainuddin Zainuddin; Syifa Nur Aini
Susbtantive Justice International Journal of Law Vol 5 No 1 (2022): Substantive Justice International Journal of Law
Publisher : Faculty of Law, Universitas Muslim Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/substantivejustice.v5i1.170

Abstract

Mahakam dolphins are aquatic mammals (not fish) that live in freshwater rivers in the tropics and live in groups. The Mahakam dolphins, as endemic to the Mahakam River, is already threatened with extinction and needs protection to prevent the extinction from occurring. This paper explores the problems, namely the legal protection of the Mahakam Dolphin in Kutai Kertanegara Regency and the determination of conservation of the Mahakam Dolphin habitat area in Kutai Kertanegara Regency. The research method used is normative legal research (doctrinal) with the collection of legal materials. The results showed that the government of Kutai Kartanegara Regency has tried to protect the Mahakam dolphin through the establishment of the Mahakam Dolphins Habitat Water Conservation Area. This stipulation serves as an instrument in providing guidelines for the Regional Government and stakeholders in Kutai Kartanegara Regency in the context of organizing activities for the protection and preservation of the Mahakam dolphins.
Pemisahan Penyelenggaraan Pemilu Serentak Tingkat Nasional Dan Daerah Sri Asriana; Rosmini; Ine Ventyrina
Jurnal Risalah Hukum Vol 18 No 1 (2022): Volume 18, Nomor 1, Juni 2022
Publisher : Fakultas Hukum Universitas Mulawarman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/risalah.v18i1.586

Abstract

General election regulations simultaneously raise problems at the level of implementation, because they are considered not to show effectiveness and efficiency in the implementation of general elections in accordance with the purpose of the establishment of these regulations. Therefore, the implementation of the general election regulations simultaneously needs to be reviewed based on the initial objective of issuing the Constitutional Court Decision Number 14/PUU-XI/2013 concerning Simultaneous General Elections, and refers to the implementation of simultaneous general elections in 2019. The research method used in This research is doctrinal, which contains a normative character. There are implications for the implementation of simultaneous elections, it is necessary to construct a law to separate general elections simultaneously at the national and regional levels in 2024 with the implementation of two elections within five years, making it easier for voters to cast their votes, easing the burden on organizers, and optimizing the campaigns of political parties and candidates in the regions. The results of the national elections strengthen the presidential system at the national level, while the results of the regional elections will strengthen local government. Keywords: Election, Simultaneous, Formulation
IMPLEMENTASI PERATURAN WALIKOTA SAMARINDA NOMOR 12 TAHUN 2016 TENTANG TUNJANGAN TAMBAHAN PENGHASILAN BAGI PEGAWAI NEGERI SIPIL DI BADAN KEPEGAWAIAN, PENDIDIKAN DAN PELATIHAN DAERAH KOTA SAMARINDA Rosmini Rosmini; Adam Idris
Jurnal Administrative Reform Vol 8, No 1 (2020): JURNAL ADMINISTRATIVE REFORM
Publisher : Magister Administrasi Publik FISIP Universitas Mulawarman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52239/jar.v8i1.5183

Abstract

This article will discuss and analyze the implementation of the Samarinda Mayor Regulation Number 12 of 2016 concerning Additional Income Allowances for Civil Servants at the Regional Personnel, Education and Training Agency of Samarinda City. By using a qualitative approach, data collection through observation, documentation, and interviews, as well as a descriptive analysis model with coding techniques, the results of the research shows that the implementation of the additional income allowance policy still experiences several obstacles that reduce the optimization of policy implementation, such as communication errors that still occur between implementers and employees, limited resources that affect the quality of performance, the process of disposition and division of tasks that are still not optimal, and SOPs that have not been optimally implemented are related to too large a workload, so that the role and function of monitoring cannot be carried out.Keywords: implementation, allowances, additional income
Natural Resource Dispute Resolution in Majalengka Regency: The Case of Cisambeng Tofu SMEs and the Community Sardjana Orba Manulang; Rosmini - Rosmini; Suyanto - Suyanto; Baren - Sipayung; Iis Isnaeni Nurwanty
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i2.4009

Abstract

Law cannot be separated from the culture of a society because it affects the law. In social life, as human social beings, interaction is a necessity in fulfilling their life needs, however, in fulfilling this life, disputes often occur, including those concerning natural resources. Many disputes and their resolution take place around the world, including in culturally diverse areas. Majalengka Regency, which has developed into an industrial area, is no doubt decorated with various industrial businesses, ranging from MSMEs to large-scale industrial companies, all of which are closely related to environmental problems, including environmental pollution. The research method discussed in this research is socio-legal which examines the culture of the community in the application of alternative dispute resolution over natural resources and the environment. The purpose of this paper is to determine the efficacy of alternative dispute resolution. The results of this study indicate that disputes, especially related to natural resources in the community, can be resolved through consensus deliberation between the parties by prioritizing good faith, as a form of consensus deliberation as a form of local wisdom supported by the government's political will to encourage and ensure all disputes within the community. can be resolved through an alternative dispute resolution (ADR) process and performed its duties properly in this case. Although the effectiveness of ADR was initially lacking, when stakeholders were involved in the mediation process, the dispute resolution process could be carried out properly, as evidenced by the results of initial negotiations and initial mediation, which were less influential.
Co-Authors Adam Idris Adella Anindia Asep Wijaya Baren - Sipayung Iis Isnaeni Nurwanty Ine Ventyrina Poppilea Erwinta Sardjana Orba Manulang Sri Asriana Suyanto Suyanto - Suyanto Syifa Nur Aini