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Eksistensi Peraturan Nagari Dalam Sistem Hukum di Indonesia Desip Trinanda
Nagari Law Review Vol 6 No 1 (2022): Nagari Law Review
Publisher : Faculty of Law, Andalas University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/nalrev.v.6.i.1.p.55-64.2022

Abstract

This study is a study of the existence of Nagari Regulations (Perna) in the legal system in Indonesia. Perna is a form of delegation from Law Number 6 of 2014 concerning Villages. However, Perna is not listed in Law No. 12 of 2011 concerning the Establishment of Legislation. This study is a normative legal research with a statutory and conceptual science approach. The results of this study indicate that the existence of Perna does not have a clear legal basis after the enactment of Law no. 12 of 2011. The reason is that the Perna which is a regulation at the level of a village regulation has been issued in the hierarchy of laws and regulations. That is why, if the a Perna conflicts with higher regulations or the public interest, it cannot be tested through the Supreme Court as the institution which is authorized to examine statutory regulations under the law against the law. In addition, Perna also experiences weaknesses in terms of law enforcement, which is carried out by Parik Paga Nagari (Nagari Law Enforcement Agency) which basically does not provide a solution to the enforcement of Perna, but could create new problems in the community.
Challenges in Implementing the Scientific Paradigm at UIN Imam Bonjol Padang: A Case Study of the Constitutional Law Study Program Muhammad Taufik; Aidil Aulya; Fauzi Yati; Desip Trinanda
Islam Transformatif : Journal of Islamic Studies Vol. 8 No. 2 (2024): July-December 2024
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/it.v8i2.8625

Abstract

This study examines the challenges in implementing the scientific paradigm of Universitas Islam Negeri Imam Bonjol Padang (UIN IB Padang) in the Constitutional Law Study Program (Siyāsah Shar’iyyah). A qualitative approach was employed, utilizing interviews, observations, and documentation for data collection. The findings reveal that UIN IB Padang adopts an interaction-dialogical paradigm, which has been implemented in the Constitutional Law Study Program (Siyāsah Shar’iyyah), as reflected in the curriculum structure. However, this implementation remains formalistic, as lecturers have not fully applied the paradigm in teaching. This is due to the lecturers' lack of updated knowledge regarding the interaction-dialogical paradigm and the absence of specific teaching guidelines provided by UIN IB Padang. Additionally, the development of the Constitutional Law Study Program (Siyāsah Shar’iyyah) faces challenges within the context of Indonesian Constitutional Law. This study recommends that UIN IB Padang develop a guideline for implementing the interaction-dialogical paradigm and establish a dedicated institution to support its application and development.
Harmonisasi dan Eksekutif Review dalam Pengawasan dan Pembatalan Peraturan Kepala Daerah di Indonesia Desip Trinanda; Wiana Perista
AHKAM Vol 5 No 3 (2026): SEPTEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i3.10461

Abstract

Institutional overlap and procedural inefficiency between the Ministry of Law and Human Rights and the Ministry of Home Affairs in the harmonization and supervision of regional regulations have implications for the emergence of legal uncertainty at the regional level. This study aims to analyze the juridical implications of the shift in authority over the harmonization of Draft Regional Head Regulations based on Law Number 13 of 2022, evaluate the dualism of executive regulatory review at the regional level, and formulate an ideal model of regulatory supervision within the framework of the Unitary State of the Republic of Indonesia. This study used a normative juridical approach with a conceptual design and a statutory approach. Primary and secondary legal materials were collected through a literature study of relevant legislation and court decisions, then analyzed qualitatively through systematic and teleological interpretation. The results show that although executive review of Regional Regulations has been conditionally invalidated by the Constitutional Court, executive review of Regional Head Regulations remains constitutional as a form of hierarchical supervision within the realm of state administration or bestuur. However, the harmonization process conducted by the Ministry of Law and Human Rights, which runs in parallel with evaluation by the Ministry of Home Affairs, creates procedural inefficiency and an anomaly of pseudo-harmonization, especially when drafts are unilaterally amended after the harmonization process. The conclusion of this study emphasizes the importance of a clear demarcation line between the harmonization of formal-legality aspects by the Ministry of Law and Human Rights and the evaluation of policy-substance aspects by the Ministry of Home Affairs to ensure legal certainty. The theoretical contribution of this study lies in strengthening the governance of central–regional relations, while its practical implications take the form of recommendations for a sequential collaboration framework and the development of a nationally integrated one-stop digital supervision portal.