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LEGALITY OF COMMUNITY PARTICIPATION IN CROWDFUNDING ACTIVITIES AS A SOURCE OF FUNDING IN VILLAGE-OWNED ENTERPRISES Azhar, Lucilia Riska; Phahlevy, Rifqi Ridlo
Journal of Geography, Regional Planning and Development Vol. 1 No. 4 (2024): Journal of Geography, Regional Planning and Development
Publisher : ANTIS PUBLISHER

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61796/jgrpd.v1i4.1003

Abstract

his article reviews the legality of community participation in crowdfunding activities as a source of funding for BUMDes. The focus of this research is on the crowdfunding activity scheme carried out by BUMDes in funding the capital of its business units. This research uses a normative juridical method with a statutory and case approach. Regulations related to crowdfunding activities as a source of funding for BUMDes are regulated in Law No. 9 of 1961; Law No. 25 of 2007; Law No. 6 of 2014 concerning Villages in conjunction with Law No. 3 of 2024; Government Regulation No. 11 of 2021; and Permendesa PDTT No. 3 of 2021. This article uses BUMDes Suwaluh Mandiri Sejahtera as an example of the use of crowdfunding activities in BUMDes. Through this legal framework, BUMDes can utilize crowdfunding activities as an alternative funding that involves active community participation. This research aims to analyze the legality of community participation in crowdfunding activities through community equity participation as a form of funding support to BUMDes.
LEGAL LIABILITY OF STREAMERS RECIPIENTS OF DONATIONS FROM ONLINE GAMBLING SITES Kharismanto, Dwishar; Phahlevy, Rifqi Ridlo
International Journal of Business, Law and Political Science Vol. 1 No. 10 (2024): International Journal of Business, Law and Political Science
Publisher : PT. Antis International Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61796/ijblps.v1i10.226

Abstract

Technological advances through social media have made a lot of progress.This has led to many changes in people's lives, such as donations as a means of collecting funds which used to be done conventionally has now become digital. The existence of an online donation platform raises a new problem. Donation providers often abuse their authority to gain additional profits through online gambling advertisements distributed through their YouTube accounts. Departing from these problems, the author conducted this research using normative juridical methods. Based on research, the author found that the act of spreading online gambling advertisements through the YouTube live streaming donation system violates the provisions stipulated in Article 27 Paragraph (2) of Law Number 19 of 2016 with the threat of imprisonment for a maximum of 6 years with a fine of IDR. 1 Billion. The government, as the party that has the authority to enforce the law against individual content creators who disseminate online gambling advertisements through a donation system, is expected to act decisively to reduce the increase in the number of online gambling cases.
Issuance of Crowd Permit for Hajatan Activities in Gresik Regency Ramadhan, Yudhis Wahyu; Phahlevy, Rifqi Ridlo
Athena: Journal of Social, Culture and Society Vol. 4 No. 2 (2026): April 2026
Publisher : CV. Media Digital Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58905/athena.v4i2.479

Abstract

This study aims to determine how the process of applying for a crowd permit for celebration activities that use public facilities in the form of public roads and to find out whether the process of applying for a crowd permit for celebration activities in the Gresik Regency community is in accordance with PP 60 of 2017. This type of research uses normative research with a statute approach. The results of this study state that the process of applying for a crowd permit for activities in Gresik Regency is still in an oral form submitted to the local hamlet head which is not in accordance with PP 60 of 2017, and there is still a legal vacuum in Gresik Regency regarding the delegation of authority for what agency is authorized to issue a recommendation letter for a crowd permit in Gresik Regency.
Policy development Urban Street Vendors in Sidoarjo Post-Reformation : Perkembangan Kebijakan Tata Kelola Pedagang Kaki Lima di Sidoarjo Pasca Reformasi Moch. Ichyak Ulumuddin; Rifqi Ridlo Phahlevy
Academia Open Vol. 3 (2020): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/acopen.3.2020.566

Abstract

The Government of Sidoarjo Regency in establishing policies regarding the arrangement of Street Vendors (PKL) aims to create a clean, orderly and beautiful Sidoarjo Regency and continue to empower existing street vendors. The spatial planning policy implemented by the Sidoarjo Regency Government is aimed at maintaining and structuring a more orderly and orderly spatial location without ignoring the existence of street vendors who aim to improve the economy of their families. This study aims to find out how the Sidoarjo Regency Government's policy in structuring street vendors (PKL) based on traders, order and beauty, this study uses descriptive research methods using a qualitative approach. The results of the study indicate that the PKL structuring policy is closely related to the plan to create a clean, orderly, safe, and comfortable city spatial plan. So that in its formulation, an alternative policy that is aware of the environment is needed. The government of Sidoarjo Regency so far has made significant efforts in structuring street vendors in the Sidoarjo Regency area and to overcome and anticipate the impacts. The implementation of the street vendor management policy (PKL) based on the Sidoarjo Regional Regulation No. 3 of 2016 concerning the arrangement and empowerment of street vendors has been running but has not been effective, such as the resistance that occurs when the implementation of the PKL arrangement takes place, it should be able to be overcome if the Sidoarjo Regency Government is responsive enough to various demands from street vendors.
Non-compliance with the Constitutional Court's Decision from the Perspective of Constitutional Law : Ketidakpatuhan terhadap PutusanMahkamah Konstitusi dari Perspektif Hukum Tata Negara Narwoko; Rifqi Ridlo Phahlevy; Abdul Fatah
Academia Open Vol. 6 (2022): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/acopen.6.2022.677

Abstract

This study aims to determine the forms of non-compliance with the Constitutional Court Decision regarding Manpower and to find a constitutional solution to the problem of non-compliance with the Constitutional Court Decision regarding Manpower.This research is a juridicial normative study using a statutory, case, and conseptual approach.Using legal materials in the form of a Constitutional Court Decision related to Manpower.From the research results, it can be concluded that the Constitutional Court Decision regarding Manpower are not obeyed by the adressats. Various forms of non-compliance with the Constitutional Court Decision regarding Manpower-related Laws were not followed up and partially fulfilled in the form of government policies such as the Regulation of Minister of Manpower, Circular of the Minister of Manpower. Some laws are in the legislative process. The constitutional solution that has the potential to realized for non-compliance with the Constitutional Court Decision is the implementation of the concept of judicial order, judicial defferal, and imposition of sanctions.
Household Waste Management Policy in Sidoarjo Regency Post Presidential Decree Number 97 of 2017 in Indonesia: Kebijakan Pengelolaan Sampah Rumah Tangga Di Kabupaten Sidoarjo Pasca Perpres Nomor 97 Tahun 2017 di Indonesia Kevin Garnida Putra; Rifqi Ridlo Phahlevy
Academia Open Vol. 3 (2020): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/acopen.3.2020.733

Abstract

This study aims to determine whether Perbup Number 100 of 2018 concerning policies and strategies for Sidoarjo Regency in managing household waste and similar household waste is in line with Presidential Regulation Number 97 of 2017 concerning national policies and strategies for managing household waste and other types of household waste in Indonesia. Sidoarjo Regency and to assess the technical suitability of waste processing in Sidoarjo Regency with Perbup Number 100 of 2018 Sidoarjo Regency policies and strategies in managing household waste and waste similar to household waste. This research was conducted at the Berkah Abadi Waste Bank and Telulikur Garbage Bank. The type of this research is socio-legal with a statute approach. The results of this study state that Perbup Number 100 of 2018 concerning policies and strategies for Sidoarjo Regency in managing household waste and waste similar to household waste is in line with Presidential Regulation Number 97 of 2017 concerning national policies and strategies for managing household waste and other types of household waste in Indonesia. Sidoarjo Regency and technical waste processing in both waste banks are in accordance with Perbup Number 100 of 2018 Sidoarjo Regency policies and strategies in managing household waste and waste similar to household waste. Keywords: Waste bank, Regent Regulation, Presidential Regulation
Constitutional Court Rulings on Electoral Thresholds in Indonesia: Putusan Mahkamah Konstitusi tentang Ambang Batas Pemilihan di Indonesia Muhammad Mirza Faldinan Azharil; Rifqi Ridlo Phahlevy
Academia Open Vol. 10 No. 2 (2025): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/acopen.10.2025.11940

Abstract

General Background: Electoral thresholds constitute a central feature of Indonesia’s electoral system, shaping candidate nomination and parliamentary representation within a presidential democracy. Specific Background: Since the post-reform era, regulations on presidential and parliamentary thresholds have repeatedly been reviewed by the Mahkamah Konstitusi, generating numerous rulings that define their constitutional status and legal interpretation. Knowledge Gap: Prior discussions tend to focus either on doctrinal justification or political consequences, leaving limited synthesis of how judicial decisions collectively construct the notion of open legal policy in electoral governance. Aims: This study analyzes the trajectory of Constitutional Court rulings on presidential and electoral thresholds from 2004 to 2024 to identify patterns of reasoning, consistency, and constitutional framing. Results: Examination of 24 decisions demonstrates that the Court has consistently upheld threshold provisions as constitutionally permissible under legislative discretion, despite recurring claims that they restrict political participation and candidate diversity. Novelty: The research offers an integrated juridical assessment that maps long-term judicial continuity while situating thresholds within debates on participatory democracy and constitutional interpretation. Implications: These findings clarify the legal foundations of threshold regulations and provide a reference for policymakers, scholars, and reform advocates assessing the balance between electoral stability and inclusive democratic competition in Indonesia. Highlights: Judicial reasoning repeatedly affirms legislative discretion in setting nomination requirements. Legal challenges frequently fail due to issues of standing rather than substantive review. Ongoing controversy reflects tension between stability considerations and broader candidate access. Keywords:Constitutional Court; Electoral Threshold; Presidential Threshold; Open Legal Policy; Participatory Democracy