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REGIONAL HEAD OFFICIAL APPOINTMENT MECHANISM DURING THE CONDITIONAL REGIONAL HEAD ELECTION TRANSITION PERIOD Saparuli Saparuli; Punta Yoga
HERMENEUTIKA : Jurnal Ilmu Hukum Vol 7, No 1 (2023): HERMENEUTIKA : Jurnal Ilmu Hukum
Publisher : Sekolah Pascasarjana Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/hermeneutika.v6i3.8322

Abstract

After the Decision of the Constitutional Court Number 14/PUU-XI/2013, ordered the General Election and Pilkada to be carried out simultaneously. since then simultaneous regional elections nationally and all aspects of its implementation have begun to be established in stages, based on Article 201 of Law no. 10 of 2016 will be implemented in 2024. This is the basis for legitimacy for the central government to appoint acting regional heads in taking control of local government. As a consequence of the implementation of the simultaneous local elections in 2024, there will be a vacancy in the post of Regional Head whose term of office expires in 2022 and 2023. Filling in positions is an important element in constitutional law. Without being filled in by officials, the functions of the follow-up position may be carried out as they should. The government needs to consider making implementing regulations, the mechanism for appointing Acting (Pj) regional heads and their authority is clear so that the appointment of these officials does not ignore democratic principles and at the same time provides guarantees for the community. This research is to find out the mechanism for the appointment and authority of Acting (Pj) Regional Heads during the simultaneous local election transition period. Normative legal research methods using statutory approaches (Statute Approach) and conceptual approaches (Conceptual Approach). The results of the study show that the Acting (Pj) is the definitive replacement for the regional head when there is a vacancy in the positions of the regional head and deputy regional head simultaneously during the simultaneous Pilkada transition period. The Acting Governor is appointed by the President through the proposal of the Minister of Home Affairs while the Acting Regent/Mayor is determined by the Minister of Home Affairs.
Analisis Kejahatan Pinjaman Online dalam Hukum Siber di Indonesia (Studi Kasus atas Putusan Nomor 2078/PID.SUS/2021/PN LBP) Leo Yoga Wijaya; Nurmalia Ihsana; Punta Yoga
HUMANIORUM Vol 1 No 03 (2023): Jurnal Humaniorum
Publisher : PT Elaborium Elevasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/hmr.v1i03.19

Abstract

Technological advances in the economic sector, one of which is the existence of financial technology in the form of digital peer to peer lending platforms or what is commonly referred to as online loans. The convenience offered by online loans is very tempting to the public so that many people use online loan services. These online loans are also regulated in an institution called the Financial Services Authority or OJK. Online loans that are registered or have operational permits from the OJK are Legal Online Loans, while Online Loans that are not registered or do not have an operational permit from the OJK are called Illegal Online Loans. In collecting debts, illegal online loans have committed crimes. The author focuses on illegal collection actions related to online loans from illegal financial technology as stated in Decree Number 2078/Pid.Sus/2021/PN Lbp. When collecting an online loan from the victim, the defendant sent electronic information containing threats of violence or intimidation addressed personally. Of course this action is very troubling society. The problem raised by the author in this paper is how the act of collection by Illegal Online Loans can be called a Cyber ​​Crime and how to handle and provide legal protection for victims of Cyber ​​Crime in the Study of Cyber ​​Law in Indonesia. The writing method used is normative research with a statutory approach.