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INTER REGIONAL GOVERNMENT COOPERATION:ADMINISTRATIVE LAW PERSPECTIVE Sujatmoko, Emanuel; Wahyuni, Indria; Abrianto, Bagus Oktavian
Indonesian Journal of International Law
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (793.652 KB)

As it stated in the considering provision of Law number 32 year 2004 on Local government that “regional administration aimed to accelerate the realization of public welfare through improvement, services, empowerment, and community involvement, as well as enhancing regional competitiveness with underlined to the principles of democracy, equality, justice, privilege and specificity of a region within the system of the Republic of Indonesia”. To realize these goals, cooperation between local governments is needed, it is given that many regional affairs cannot be done by themselves unless in cooperation with other local governments. According to existing legal regulation, the inter-regional government cooperation is stated in various legal forms. Article 195 of Law Number 32 year 2004 choose Joint Decree as the legal form of inter-regional cooperation, while article 5 of the Government Regulation Number 50 year 2007 regarding Local Cooperation establish the cooperation in the form of Agreement. Besides those two legal form of inter-regional cooperation, Ministerial Regulation No. 22 of 2009 on the Technical procedure on inter-regional cooperation stipulate “memorandum of understanding” as form of understanding between two parties before the agreement is signed. Memorandum of understanding and agreement as the legal form of the inter-regional government cooperation is not recognized as legislation product of local government as it promulgated in Article 3 of Ministerial Regulation No. 53 of 2011 on the Establishment of the Regional Legislation Products. This paper aimed to identify the legal form of inter regional cooperation, such legal form is an important to bring legality principle for government action in creating cooperation.

IN THE LIGHT OF ASEAN ECONOMIC COMMUNITY: THE PROTECTION OF MINING RESOURCES IN INDONESIA, DECENTRALIZATION SYSTEM AND THE ROLE OF GOVERNMENT POLICY Wahyuni, Indria
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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In 2015 Indonesia will facing Asean Economic Community (AEC) which open thekey for free trade among the Asean Countries. In response to this phase, Indonesia need to be prepared in many fields, one of them is the miningfield. As a country rich of natural resources, mining field managementurgently need to have attention. With AEC there will be potential investment and flow of human resources, Indonesia must prepare themselveswithsufficient human resources, infrastructure and legal policy. Recent, thereare significant problems in mining field that comes from regulations,miningthat should be able to support and escalates the Indonesian prosperiety loosetheir function due to corruption. The ground of such condition is the overlapping regulations in the field, no harmonized regulation that ended tono accountable mining system in Indonesia. Different natural resources hasdifferent regulation that often does not correlate each other. Mining activities at least observed by three ministries namely Ministry of Energy and Mineral Resources of Republic Indonesia, the Ministry of Forestry, National Land Agency, it is become a big problem while issuing regulations related to mining. With implementation of decentralization system, local government also has authority in terms of managing mining activity in their area. The paper, furthermore, highlihted aspects that need to improve intermsofuildinggoodmining system in Indonesia. This paper will ended with discussion and solution for aspects that the Local Government can take part and what kind of policy that they can made in order to protect the environment in their area, as well as to create sustainability mining for futher generation.

Pendampingan Hukum Pemberdayaan Usaha Mikro Dan Pengembangan Bumdes Di Desa Blumbungan, Pamekasan Wilda Prihatiningtyas; Radian Salman; Indria Wahyuni
Berdikari: Jurnal Pengabdian Masyarakat Indonesia Vol. 5 No. 1 (2022): Berdikari: jurnal Pengabdian Masyarakat Indonesia
Publisher : Future Science

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.11594/bjpmi.05.01.05

Partners in this community service are Blumbungan village community, Larangan District, Pamekasan Regency, East Java. Socio-economic and cultural conditions of the community as well as the activities of the Blumbungan village community are heavily influenced by socio-religious activities, including the existence of youth organizations, mosque youth, “PKK”, recitation groups, farmer groups, and the development of small/home industries (cassava chips, making cigarettes, furniture, pillar making, tofu production). The existence of this small/household industry has positive impact on increasing the income of the Blumbungan community, although there are still obstacles in practice. The problems that have been inventoried, include: (1) Lack of understanding of legal aspects in business management, (2) Lack of knowledge about marketing methods and product packaging, (3) Lack of access to capital business for WUB (New Entrepreneurs), and (4) The direction and development of Village-Owned Enterprises has not yet been determined. The method of the activities includes preparation, counselling, mentoring, and evaluation. The results and conclusions of this community service activity are: (1) Increasing knowledge of the legal basis, function, and role of BUMDes for partners, as evidenced by the results of the distributed questionnaires. (2) Village regulations regarding BUMDes, AD-ART, and the Roadmap of BUMDES Blumbungan Sejahtera are important components in the development of BUMDes. So it must be completed as part of the output in this assistance. (3) In addition to regulations, product development to be managed by BUMDes is also important. In the next mentoring, it will be focused on developing packaging systems and promoting typical Village products both offline and online. (4) With the strengthening of BUMDes as legal entities as regulated in the Village Law after the Employment Creation Law and PP BUMDes, it is easier for BUMDes to gain access to capital.

In the Question of Geospatial Information Data Use in the Forestry Legislation Making in Indonesia Suparto Wijoyo; Wilda Prihatiningtyas; Indria Wahyuni; Dita Elvia Kusuma Putri; Ardhana Christian Noventry
Hasanuddin Law Review VOLUME 9 ISSUE 1, APRIL 2023
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v9i1.4303

The high rate of deforestation and many forest disputes in Indonesia show that forest management in Indonesia is not based on the principles of good forest governance. It also shows that there is still a lack of attention to the aspect of sustainable forest development which focuses on a balanced sustainability condition between the three forest functions (production, ecology, and socio-economic functions). Geospatial Information is expected to be the solution to help provide an accurate data and information which mapping forest development in accordance with the conditions of each forest area, so that the three functions can operate coherently. Furthermore, with the presence of integrated geospatial data, it can be used as a tool in policy formulation, decision making, and/or dispute resolution in the forestry sector. This paper applies empirical juridical research consisting participatory methods through discussions and interviews with related parties. In practice, the legal materials are firstly collected by using inventory and documentation. Then, it’s completed by interviews and Focus Group Discussion data. Moreover, it also applies statutory, conceptual, and case approaches. This paper highlights the use of geospatial information data in the forestry legislation making in Indonesia. Hence, this paper will present new information about the model of forestry dispute resolution based on geospatial information.

The Road to Net-Zero Emission in Indonesia: Legal Loopholes in National Carbon Tax Scheme Indria Wahyuni; Rahadyan Fajar Harris; Emanuel Sujatmoko
Media Iuris Vol. 6 No. 3 (2023): MEDIA IURIS
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/mi.v6i3.48537

Indonesia is committed to accelerating the achievement of Net-Zero Emissions by 2060. The Carbon tax is a new instrument that it believes could encourage the achievement of carbon neutrality. Through the Harmonisation of Tax Regulations Act, the Government regulated several carbon tax provisions, which were initially going to be implemented on April 1, 2022, and then postponed to July 1, 2022. Unfortunately, the carbon tax implementation has been delayed until an undetermined time. Implementing legal interpretation, this research comprehensively analyses carbon tax provisions in the Harmonisation of Tax Regulations Act. The research will examine the ability of current carbon tax arrangements to accelerate the achievement of Zero Emissions. This work uses normative juridical methods with a conceptual and statutory approach to provide recommendations. The results show that the carbon tax arrangement does not contain substantial clarity, and various implementing regulations are needed. Article 13 of the Harmonisation of Tax Regulation Act contains vague norms that need to be elaborated. The paper recommends the urgency of legislative review mechanism for the Harmonisation of Tax Regulation Act, especially Article 13, and the need to harmonise it with related laws.

Advocacy on Combating Hunger Harris, Rahadyan Fajar; Wahyuni, Indria; Prihatiningtyas, Wilda
Indonesian Journal of Advocacy and Legal Services Vol 5 No 1 (2023): Various Issues on Advocacy, Policy-Making, and Law Enforcement
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v5i1.67726

The imperative to expedite the reduction of stunting rates has emerged as a paramount policy goal, garnering unanimous support from local governments across Indonesia. Banyuwangi Regency, in its commitment to this cause, has introduced the Banyuwangi Tanggap Stunting (BTS) Program, an innovative initiative aimed at diminishing stunting prevalence. The success of this program hinges on the endorsement and proactive involvement of all village governments within Banyuwangi Regency. Crucially, the efficacy of such policies necessitates a foundation rooted in the Political Will of village governments to facilitate implementation. This study delves into the case of Kedunggebang Village, situated in the Tegaldlimo District, which has embarked on the BTS program through a collaborative, cross-sectoral approach and extensive community counseling efforts. The primary objective of this research is to elucidate the Political Will exhibited by the Kedunggebang village government in supporting the BTS initiative, while also examining the impediments encountered during its implementation. Employing qualitative descriptive methods and in-depth interviews, this research employs the Brinkerhoff Theory as an analytical framework. Notably, the study stands out as a multidisciplinary exploration, scrutinizing public health concerns through the lenses of public policy and government bureaucracy. The findings reveal a nuanced scenario where the Kedunggebang Village Government demonstrates a lower level of Political Will, yet exhibits the capacity to effectively implement the BTS program. Consequently, the study advocates for essential bureaucratic reforms, including the enactment of village regulations, the formulation of comprehensive village development plans, and the establishment of a dedicated task force to accelerate the reduction of stunting rates.

The The Legal Challenges to Regulate New Energy in Indonesia: A Context of Green Legislation Vs State Control Harris, Rahadyan Fajar; Wahyuni, Indria; Prihatiningtyas, Wilda
Ikatan Penulis Mahasiswa Hukum Indonesia Law Journal Vol 3 No 2 (2023): IPMHI Law Journal, July 2023
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ipmhi.v3i2.67513

The Legislation of Indonesian New Energy and Renewable Energy Law (RUU EBET) received a negative response from various circles of society and academia. Main concept of the EBET Bill as green legislation is expected could encourage the energy transition and low-carbon development by reducing fossil energy and increasing the role of renewable energy. However, the internalization of new energy sources in the formulation of the EBET Bill, which is a product of fossil energy derivatives, is considered to hinder the energy transition process, so it is encouraged to be abolished. Nevertheless, the academic paper of the EBET Bill actually reveals that there is a national interest that is also urgent to be regulated in the EBET Bill, which is state control of new energy sources whose governance is still unclear. Therefore, this paper aims to explain the juridical conflict in the position of the EBET Bill as green legislation and at the same time as an instrument of state control over natural resources. The method used is normative juridical with statutory and conceptual approaches. The results of the research show that the EBET Bill should have two complementary goals, namely mitigating climate change through accelerating the energy transition and managing new energy sources that are still not organized in an orderly manner. The two goals are not to contradict one another, but serve as mutually reinforcing roadmaps. Keywords EBET Bill, Green Legislation, New Energy Source, New Energy, State Control.

PERSPEKTIF KEADILAN DALAM KEBIJAKAN PERDAGANGAN KARBON (CARBON TRADING) DI INDONESIA SEBAGAI UPAYA MENGATASI PERUBAHAN IKLIM Prihatiningtyas, Wilda; Wijoyo, Suparto; Wahyuni, Indria; Fitriana, Zuhda Mila
Refleksi Hukum: Jurnal Ilmu Hukum Vol. 7 No. 2 (2023): Refleksi Hukum: Jurnal Ilmu Hukum
Publisher : Universitas Kristen Satya Wacana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24246/jrh.2023.v7.i2.p163-186

Perubahan iklim membawa dampak pada hampir setiap bidang kehidupan. Pemerintah RI berkomitmen untuk meminimalisir dampak perubahan iklim ditunjukkan dengan diterbitkannya Perpres No. 98/2021 tentang Penyelenggaraan Nilai Ekonomi Karbon. Dalam Perpres tersebut, Pemerintah mengatur adanya skema perdagangan karbon melalui mekanisme carbon off set, pembayaran berbasis kinerja, dan pungutan atas karbon, serta kombinasi dari skema yang ada. Adanya Perpres ini di satu sisi merupakan wujud komitmen Pemerintah dalam mendukung upaya mengatasi perubahan iklim melalui sektor kehutanan, namun disisi lain Pemerintah seakan tidak tegas untuk menghentikan adanya pelanggaran-pelanggaran di bidang kehutanan, yang kemudian berimplikasi pada keadilan bagi masyarakat dan lingkungan sekitar. Ada dua isu yang dibahas dalam tulisan ini. Pertama, mengenai dinamika pengaturan carbon trading dalam konteks global dan nasional. kedua, mengenai perspektif keadilan dalam kebijakan carbon trading sebagai upaya mengatasi perubahan iklim.

Revitalisasi Badan Usaha Milik Desa yang Inovatif dalam Mengembangkan Desa Wisata di Desa Dongko, Trenggalek Prihatiningtyas, Wilda; Wahyuni, Indria; Noviyanti, Upik Dyah Eka; Noventri, Ardhana Christian
Inovasi Jurnal Pengabdian Masyarakat Vol 2 No 1 (2024): IJPM - April 2024
Publisher : CV Firmos

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54082/ijpm.401

Mitra sasaran dalam pengabdian masyarakat ini adalah masyarakat Desa Dongko, Kecamatan Dongko, Kabupaten Trenggalek, Jawa Timur. Permasalahan mitra yaitu (1) Belum optimalnya pengelolaan potensi alam yang ada di Desa Dongko; (2) Rendahnya pengetahuan masyarakat tentang peran BUMDesa sebagai penyangga perekonomian desa; (3) Belum optimalnya pengelolaan BUMDesa. Tujuan dari program ini adalah meningkatkan pengetahuan dan skill kelompok mitra dalam mengelola potensi yang dimiliki desa sehingga dapat bernilai ekonomis, serta mengoptimalkan fungsi BUMDesa sehingga dapat meningkatkan pendapatan asli desa dan perekonomian masyarakat desa. Metode pelaksanaan kegiatan terdiri dari n3 tahap. Pertama yakni persiapan, kedua yakni pelaksanaan pengabdian kepada masyarakat berupa penyuluhan, dan ketiga yakni tahap evaluasi. Adapun hasil dari pengabdian ini yakni adanya publikasi media online, video kegiatan (youtube) dan reels IG sebagai sarana promosi, meningkatnya pemahaman pentingnya BUMDes sebagai instrumen pendukung pengembangan desa wisata, serta draft paket wisata di Desa Dongko.

Advocacy on Combating Hunger: Political Will of the Kedunggebang Village Government to Implement Banyuwangi Tanggap Stunting Programs in 2022 Harris, Rahadyan Fajar; Wahyuni, Indria; Prihatiningtyas, Wilda
Indonesian Journal of Advocacy and Legal Services Vol. 5 No. 1 (2023): Various Issues on Advocacy, Policy-Making, and Law Enforcement
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v5i1.29845

The imperative to expedite the reduction of stunting rates has emerged as a paramount policy goal, garnering unanimous support from local governments across Indonesia. Banyuwangi Regency, in its commitment to this cause, has introduced the Banyuwangi Tanggap Stunting (BTS) Program, an innovative initiative aimed at diminishing stunting prevalence. The success of this program hinges on the endorsement and proactive involvement of all village governments within Banyuwangi Regency. Crucially, the efficacy of such policies necessitates a foundation rooted in the Political Will of village governments to facilitate implementation. This study delves into the case of Kedunggebang Village, situated in the Tegaldlimo District, which has embarked on the BTS program through a collaborative, cross-sectoral approach and extensive community counseling efforts. The primary objective of this research is to elucidate the Political Will exhibited by the Kedunggebang village government in supporting the BTS initiative, while also examining the impediments encountered during its implementation. Employing qualitative descriptive methods and in-depth interviews, this research employs the Brinkerhoff Theory as an analytical framework. Notably, the study stands out as a multidisciplinary exploration, scrutinizing public health concerns through the lenses of public policy and government bureaucracy. The findings reveal a nuanced scenario where the Kedunggebang Village Government demonstrates a lower level of Political Will, yet exhibits the capacity to effectively implement the BTS program. Consequently, the study advocates for essential bureaucratic reforms, including the enactment of village regulations, the formulation of comprehensive village development plans, and the establishment of a dedicated task force to accelerate the reduction of stunting rates.

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