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Strategy and Model of Socialization of Draft E-Government Law to Citizens (G2C) Yunas Derta Luluardi
Musamus Journal of Public Administration Vol 4 No 2 (2022): Musamus Journal of Public Administration
Publisher : Department of State Administration - Musamus University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35724/mjpa.v4i2.5031

Abstract

The United Nations ranks e-government and e-participation in various countries to measure the success of democratization. The wave of global spatial participation demands a social response in building a responsive legal order. Socialization of the Draft Law with the Website was annulled as a strategy to open a mouthpiece for accountable and responsive public aspirations. Resistance in the community becomes unavoidable because there is an inappropriate gap between the drafting of the bill and the aspirations of the people. This paper has succeeded in revealing the process of absorbing the aspirations of the people in the socialization of the draft law. Then explore strategies and models of participatory socialization of the current e-Government to Citizens-based Draft Law in Indonesia using the Netnographic method accompanied by testing through the Nvivo application. The findings of the absorption of people's aspirations based on e-government have been running but are not effective. This is evidenced by the fact that there are still bills that have not absorbed the aspirations of using e-participation. These deficiencies were answered by redesigning the formulation of the PUU Simas and “My Participation” so that the harmonization and simplification of the bill could be integrated.
Penerapan Asimilasi dan Integrasi Bagi Narapidana Perspektif Fiqih Siyasah dan Permenkumham Nomor 32 Tahun 2020 Di Lapas Kelas IIA Pekalongan Tri Santika; Yunas Derta Luluardi
Manabia: Journal of Constitutional Law Vol. 1 No. 1 (2021)
Publisher : Department of Constitutional Law, Faculty of Sharia, Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (489.4 KB) | DOI: 10.28918/manabia.v1i1.4599

Abstract

There is often excess capacity in detention centers. One of them is in the Class IIA Pekalongan Prison. In dealing with the spread of Covid-19 in prisons, the government makes policies in the form of assimilation and integration for prisoners to reduce the rate of Covid-19 transmissions. The formulation of the research problem (1) how is the implementation process of providing assimilation and integration during the Covid-19 pandemic at the Class IIA Pekalongan Prison? and (2) what is the perspective of fiqh siyasah regarding the provision of assimilation and integration during the Covid-19 pandemic at the Class IIA Pekalongan Prison?. This research is a field research using a qualitative approach. The result of this research is that the process of implementing assimilation and integration in the Class IIA Pekalongan detention center has been running in accordance with the Regulation of the Minister of Law and Human Rights. The application of assimilation and integration in the perspective of siyasa fiqh can be said to be not the same. Thus, the process of assimilation and integration in the Class IIA Pekalongan prison has not been fully in accordance with the instructions of Islamic law. Meanwhile, in the Permenkumham perspective, the provision of assimilation and integration in prisons is in accordance with the Minister of Law and Human Rights Regulation No. 10 and 32 of 2020.
Gender Equality-Based Anti-Sexual Violence Islamic Boarding School at Ribatul Muta'alimin Islamic Boarding School, Pekalongan City Yunas Derta Luluardi; Kamalludin, Iqbal; Khasna, Syarifa; Pratami, Bunga Desyana; Azami, Muhammad Fairuz Hasan
Islamic Studies Journal for Social Transformation Vol 7 No 2 (2023)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/isjoust.v7i2.1112

Abstract

Sexual violence is increasingly massive in the educational environment, and several cases have even been recorded in Islamic boarding schools. The phenomenon of sexual violence in Islamic boarding schools has occurred several times in Central Java. Santri in this case are the weak, apart from being underage, they are also helpless with the power relations built by adults as supervisors in the pesantren, you can call them kiai, ustad, seniors or colleagues. This community service aims to increase knowledge and understanding of the academic community of Islamic boarding schools about the importance of preventing and overcoming crimes of sexual violence that occur in Islamic boarding schools. This service is carried out by introducing the problem of sexual violence that occurs in Islamic boarding schools. This is intended so that the pesantren academic community knows the legal basis for sexual violence, approaches to handling it, and institutions that can resolve sexual violence. The results of this dedication show that there is an increase in the knowledge and awareness of the pesantren academic community about their responsibilities in preventing and overcoming sexual violence crimes within the pesantren environment. The pesantren community with very high understanding increased from 10% to 65%. Meanwhile, the low understanding of the Islamic boarding school community regarding obligations and responsibilities in preventing and overcoming sexual violence crimes decreased from 50% to 10%. That all pesantren communities have the same roles and responsibilities in realizing peace and comfort in the pesantren environment.
Perlindungan Hukum atas Hak Anak yang Dieksploitasi sebagai Pengemis Kusumawati, Dwi; Luluardi, Yunas Derta
Manabia: Journal of Constitutional Law Vol 4 No 01 (2024): Dinamika Ketatanegaraan
Publisher : Sharia Faculty, Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/manabia.v4i01.8667

Abstract

This study aims to examine the legal protection of children's rights exploited as beggars in Pekalongan Regency. The background of this research is the increasing phenomenon of child exploitation as beggars, which contradicts the children's rights stipulated in the constitution and laws. This research uses empirical juridical methods with legislative, conceptual, and qualitative approaches. Data were collected through observation, interviews, and documentation with informants from the Social Service as well as beggars and their children. The research results show that the legal protection efforts carried out by the Pekalongan Regency Government are still limited to handling and there are no specific basic regulations regarding the protection of children exploited as beggars. The existing policies only cover enforcement, rehabilitation, guidance, and social assistance, but have not provided strict legal protection against child exploitation. Moreover, the implementation of social assistance is often ineffective due to the lack of proper utilization by parents. This research contributes to a deeper understanding of the condition of legal protection for children exploited as beggars and provides recommendations for developing more specific and stringent regional regulations. The proposed recommendations include drafting regional regulations governing legal protection for exploited children, as well as increasing awareness and education for the community about the importance of children's rights and efforts to prevent child exploitation. This study also emphasizes the need for coordination between various government and non-governmental agencies to ensure effective and sustainable legal protection for children in Pekalongan Regency.
Legal Protection for the Rights of Children Exploited as Beggars Dwi Kusumawati; Yunas Derta Luluardi
Asian Journal of Law and Humanity Vol 3 No 2 (2023)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/ajlh.v3i2.4

Abstract

Exploitation of children who are used as beggars is an action that is contrary to one of the rights of children that has been regulated in the constitution or law. The basic rules that serve as guidelines for protecting children's rights are the 1945 Constitution article 28B paragraph (2), the Law on Child Welfare, and the Law on Child Protection. This research was taken from the problems of children who become beggars in Pekalongan Regency. By using empirical juridical research with a statutory approach, conceptual approach and qualitative approach. The results of this research are that the legal protection efforts carried out by the Regional Government of Pekalongan Regency only take the form of handling. There are no basic regulations regarding the protection of children who are used as beggars so no legal action has been provided. So there is a need for regional regulations regarding legal protection for children, especially protection for children who are exploited as beggars, so that it becomes the basis for the government in taking policies to provide legal protection for children who are victims of exploitation.
Kewenangan Fungsi Legislasi pada Eksekutif dalam Pembentukan Undang-Undang Ibu Kota Negara Angelika, Bunga; Luluardi, Yunas Derta
Manabia: Journal of Constitutional Law Vol 4 No 02 (2024): Penegakan Konstitusi secara Kelembagaan
Publisher : Sharia Faculty, Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/manabia.v4i02.9262

Abstract

This study aims to reveal the Authority of the Legislative Function of the Executive in the formation of the National Capital Law. After the Amendment to the 1945 Constitution, it resulted in changes in the design of the Indonesian state administration, one of which was the change in the function of state institutions. Regarding the formation of laws, the amendment to Article 5 Paragraph (1) and Article 20 of the 1945 Constitution has presented its own dynamics in the legislative function. The research method used is normative juridical which discusses doctrine or legal principles to create new arguments, theories or concepts to solve problems, with a statutory, comparative and conceptual approach that uses library materials as the main legal material to analyze the legislative function of the executive in the formation of the National Capital Law. The results of this study indicate that after the amendment to the 1945 Constitution, the institutions that can submit draft laws are not only the DPR and the President but the DPD can also submit draft laws. The formation of the National Capital Law was formed by the Executive (President). The legal consequences of the ratification of the National Capital Law gave birth to a law and changed a legal situation. The birth of the law is proven by the existence of a derivative form of the National Capital Law.
KESADARAN HUKUM PENGAWAS PEMULA DALAM PEMILIHAN UMUM TAHUN 2024 DI KABUPATEN PEKALONGAN Riayanah; Luluardi, Yunas Derta
Jurnal Keadilan Pemilu Vol. 5 No. 1 (2024): Jurnal Keadilan Pemilu
Publisher : Bawaslu Provinsi Jawa Barat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55108/jkp.v5i1.464

Abstract

The author conducted research with the following problem statement: What is the level of Legal Awareness among Election Monitors in the 2024 General Elections in Pekalongan Regency, and what factors influence this Legal Awareness? The research is classified as Empirical Juridical research with qualitative data processing methods. Data sources were gathered through observation, interviews, and documentation. A novel finding emerged regarding first-time election monitors, who are also first-time voters, referred to as beginners in the 2024 General Election. Based on the research results, it can be concluded that the legal awareness among beginner election monitors in Pekalongan Regency remains relatively low. Beginner monitors have yet to meet the indicators of Legal Awareness, such as Knowledge of Law, Understanding of the content of legal regulations, Attitudes toward regulation enforcement, and the formation of legal behavioral patterns. Factors influencing the legal awareness of beginner monitors include the legal certainty of Law No. 7 of 2017, the integrity in law enforcement by Gakkumdu, the availability of facilities and infrastructure, empowerment of monitors, and the presence of a Law Enforcement Community.
Penerapan Asimilasi dan Integrasi bagi Narapidana pada Masa Pandemi Covid-19 Perspektif Fiqih Siyasah dan Permenkumham Nomor 10 dan 32 Tahun 2020 Di Lapas Kelas IIA Pekalongan Santika, Tri; Luluardi, Yunas Derta
Manabia: Journal of Constitutional Law Vol 1 No 01 (2021): Hukum, Politik, dan Demokrasi
Publisher : Sharia Faculty, Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/manabia.v1i01.199

Abstract

Penelitian ini bertujuan mengungkap proses pemberian asimilasi dan integrasi pada masa pandemi covid-19 di rutan kelas IIA Kota Pekalongan dan untuk mengetahui bagaimana perspektif fiqih siyasah dan perspektif permenkumham tentang pemberian asimilasi dan integrasi pada masa pandemi covid-19 di rutan kelas IIA Kota Pekalongan. Sebagaimana diketahui, adanya overcrowded atau kelebihan kapasitas di dalam sel rumah tahanan sering ditemukan, ditambah munculnya pandemi covid-19 pemerintah memberikan kebijakan berupa asimilasi dan integrasi bagi narapidana untuk mengurangi angka penularan covid-19. Sebagaimana yang dapat dijumpai di Rumah Tahanan Kelas IIA Pekalongan. Penelitian ini adalah lapangan (field research) dengan menggunakan pendekatan kualitatif. Data primer diperoleh melalui wawancara dan observasi. Informan kunci digali melalui para pegawai dan staf rutan kelas IIA Pekalongan. Analisis data menggunakan analisis kualitatif. Temuan dari penelitian ini adalah proses penerapan asimilasi dan integrasi di rutan kelas IIA Pekalongan sudah berjalan sesuai dengan Peraturan Menteri Hukum dan HAM. Adapun penerapan asimilasi dan integrasi dalam perspektif fiqih siyasah dapat dikatakan tidak sama. Dengan demikian, proses asimilasi dan integrasi di rutan kelas IIA Pekalongan belum sepenuhnya sesuai dengan petunjuk hukum Islam. Sedangkan dalam perspektif Permenkumham pemberian asimilasi dan integrasi di rutan sudah sesuai dengan Peraturan Menteri Hukum dan HAM No 10 dan 32 Tahun 2020.
Pemenuhan Hak Pilih Penyandang Disabilitas Perspektif Fiqh Siyasah pada Pemilihan Presiden 2024 di Kabupaten Pekalongan Nur Fatimah Thobib; Yunas Derta Luluardi
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 4 No. 1 (2025): Maret: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jhpis.v4i1.4859

Abstract

People with disabilities have equal rights to participate in the democratic process. In Indonesia, this right has been regulated in the constitution and various regulations, such as Law Number 8 of 2016 concerning Persons with Disabilities and Law Number 7 of 2017 concerning Elections. However, the reality on the ground shows that there are various challenges that hinder their participation in elections, including the 2024 Presidential Election in Pekalongan Regency. This study aims to examine the fulfillment of transgender political rights from the perspective of fiqh siyāsah and identify factors that influence their level of participation in the democratic process. This study uses an empirical juridical approach with a conceptual method, which analyzes how existing regulations are implemented. Primary data were obtained through interviews with the General Election Commission (KPU) of Pekalongan Regency and transgenders who participated as voters in the 2024 Election. In addition, secondary data were obtained from scientific literature, journals, and relevant regulations in various countries. The results of the study indicate that: The Pekalongan Regency KPU has made efforts to fulfill the political rights of transgender people in accordance with the provisions of Law Number 8 of 2016 concerning Persons with Disabilities, but its implementation has not been fully felt by the disabled group. In the context of fiqh siyāsah, there is a violation of Islamic principles that guarantee human rights and equality before the law.
Perbandingan Pengaturan Lembaga Penyelesaian Sengketa Hasil Pemilu Indonesia dengan Uruguay Wulan, Dewi Sri; Luluardi, Yunas Derta
Manabia: Journal of Constitutional Law Vol 5 No 01 (2025): Politik Hukum Perundang-Undangan
Publisher : Sharia Faculty, Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/manabia.v5i01.12547

Abstract

Electoral dispute resolution is a crucial aspect in maintaining democratic integrity. This comparative study analyzes fundamental differences between electoral dispute resolution systems in Indonesia through the Constitutional Court and Uruguay through La Corte Electoral, focusing on institutional design and operational effectiveness.The research employs doctrinal legal methodology with comparative and historical approaches, supported by comprehensive literature review from primary and secondary sources. Uruguay's La Corte Electoral, operational since 1924, demonstrates a unique model by integrating regulatory and adjudicative functions within a single autonomous institution. This system differs from Indonesia's, which separates these functions between the Election Commission (KPU), Election Supervisory Body (Bawaslu), and Constitutional Court. In-depth analysis reveals that Uruguay's model offers several significant advantages: first, institutional continuity enabling accumulation of experience and expertise; second, integration of functions resulting in more effective coordination; and third, structural independence strengthening decision legitimacy. These factors contribute to Uruguay's long-term democratic stability. Based on these findings, the research recommends institutional reform in Indonesia through the establishment of a permanent specialized electoral court. This transformation must consider Indonesia's socio-political characteristics, including geographical complexity, demographic diversity, and local political dynamics. Implementation should be conducted gradually, addressing regulatory aspects, institutional capacity, and accountability mechanisms.Practical implications include the need for constitutional amendments, human resource capacity development, and strengthening of legal infrastructure. The theoretical contribution of this research enriches discourse on electoral judicial institutional design in the context of developing democracies. Keywords: Democracy; La Corte Electoral; Constitutional Court; Dispute Resolution