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All Journal Brawijaya Law Journal : Journal of Legal Studies Jurnal Pamator : Jurnal Ilmiah Universitas Trunojoyo Jurnal IUS (Kajian Hukum dan Keadilan) Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Yurispruden Pena Justisia: Media Komunikasi dan Kajian Hukum International Journal of Business, Law, and Education YURISDIKSI : Jurnal Wacana Hukum dan Sains UNES Journal of Swara Justisia International Journal of Educational Review, Law And Social Sciences (IJERLAS) Invest Journal of Sharia & Economic Law International Journal of Islamic Education, Research and Multiculturalism (IJIERM) Yuridika Trunojoyo Law Review
Ngesti Dwi Prasetyo
Universitas Brawijaya
Religion Aerospace Engineering Arts Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Neuroscience Social Sciences Other

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The Politics of Indonesia's Decentralization Law Based on Regional Competency Prasetyo, Ngesti Dwi; Fadli, Moh.; Anshari SN, Tunggul; Ali Safa’at, Muchamad
Brawijaya Law Journal : Journal of Legal Studies Vol 8, No 2 (2021): State Administration Role in Establishing Constitutional Obligation
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2021.008.02.01

Abstract

Local governments have undergone various regulatory developments since Indonesia's independence 75 years ago. Various aspects underlying the development and changes in local government policies can be analyzed using several approaches, such as historical, philosophical, and sociological. This paper will discuss how the legal politics of the development of local government implementation, especially in terms of decentralization. Furthermore, the author will explain about the opportunities for implementing decentralization based on regional capacity to promote welfare of society. This research is normative juridical research using historical approach, conceptual approach, and legal approach. It can be said that the implementation and development of local government implementation is strongly influenced by various aspects other than the legal factor itself. Furthermore, there is still the possibility of implementing decentralization based on regional capacity as an effort to promote social welfare.
Kerangka Pengaturan Penanganan Gangguan Ketenteraman, Ketertiban Umum Dan Pelindungan Masyarakat Dalam Satu Daerah Kabupaten/Kota Ngesti Dwi Prasetyo
Yurispruden: Jurnal Fakultas Hukum Universitas Islam Malang Vol 6 No 2 (2023): Yurispruden: Jurnal Fakultas Hukum Universitas Islam Malang
Publisher : Fakultas Hukum Universitas Islam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33474/yur.v6i2.13748

Abstract

The relationship between decentralization and regional autonomy directs that regional governments are responsible for various aspects of society, one of which is handling disturbances to peace, public order, and community protection. Unfortunately, not all of the laws and regulations in Indonesia can become a reference for local governments because the content material is still empty (rechtvacuum). The research method used is normative juridical with a statutory approach. The results of this study describe that regional regulations regarding handling disturbances to peace, public order and community protection must at least fulfill 3 (three) foundations, namely philosophical, sociological, and juridical. The framework for the direction of content consists of at least 12 chapters which include content including FORKOPIMDA, KID, and mapping of potential areas of disturbance to peace and public order.
The Juridical Framework of the Pentahelix Model in the Preparation of Regional Medium-Term Development Planning Ngesti Dwi Prasetyo; Arrsa, Ria Casmi; Haq, Cendekiawan Ainul; Retno Catur Kusuma Dewi
Jurnal IUS Kajian Hukum dan Keadilan Vol. 11 No. 3: December 2023 : Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v11i3.1286

Abstract

Regional Development Planning is a process of compiling the stages of activities involving various elements of stakeholders to improve social welfare in an area/region within a certain period. In the provisions of Article 260, Law No.23 of 2014 concerning Regional Government, it is stated that the regions under their authority shall prepare regional development plans as an integral part of the national development planning system. The pentahelix planning model is an alternative to building a participatory and partnership planning framework that emphasizes the partnership principle, that it is necessary to know the urgency of the pentahelix planning model and the pentahelix planning model in the implementation of the regional medium-term development planning (RPJMD) to realize good governance (good governance), with a normative juridical research method with a statute approach, a conceptual approach, and a cross-disciplinary approach to law to solve related problems. The Pentahelix model has five actors who play a role in it, namely academics, business actors, communities, government, and media.
Redesigning the Concept of Law Enforcement in Administrative Violations of General Elections in Indonesia Jamil, Jamil; Fadli, Moh.; Hadiyantina, Shinta; Prasetyo, Ngesti Dwi
Yuridika Vol. 39 No. 3 (2024): Volume 39 No 3 September 2024
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v39i3.48338

Abstract

Trial mechanism as the only procedure in resolving election administrative violations is a mechanism that is not in accordance with the concept of law enforcement in administrative law that uses not only the trial mechanism but also direct sanctions. Therefore, the concept of law enforcement in these violations needs to be redesigned, to be in line with the administrative law and be more effective and easier to implement. This study examined the concept of law enforcement in administrative law as a conceptual and theoretical basis in redesigning the concept of law enforcement in election administrative violations. It used legal research methods with statutory, conceptual, and comparative approaches. The results of this study recommend a new concept in resolving election administrative violations by looking at the legal subjects who commit violations and the characteristics of the violations. For the violations committed by non-officials, the law enforcement is sufficient to use direct sanctions. Meanwhile,  for the violations committed by officials, if they cause direct losses, it must use a trial mechanism. But, if the violation is only limited to non-compliance with the legislation and does not cause harm to anyone, direct sanctions can be executed. Hence, it is necessary to change the mechanism for resolving election administrative violations as stipulated in the Election Law.
The Politics of Indonesia's Decentralization Law Based on Regional Competency Prasetyo, Ngesti Dwi; Fadli, Moh.; Anshari SN, Tunggul; Safa'at, Muchamad Ali
Brawijaya Law Journal Vol. 8 No. 2 (2021): State Administration Role in Establishing Constitutional Obligation
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2021.008.02.01

Abstract

Local governments have undergone various regulatory developments since Indonesia's independence 75 years ago. Various aspects underlying the development and changes in local government policies can be analyzed using several approaches, such as historical, philosophical, and sociological. This paper will discuss how the legal politics of the development of local government implementation, especially in terms of decentralization. Furthermore, the author will explain about the opportunities for implementing decentralization based on regional capacity to promote welfare of society. This research is normative juridical research using historical approach, conceptual approach, and legal approach. It can be said that the implementation and development of local government implementation is strongly influenced by various aspects other than the legal factor itself. Furthermore, there is still the possibility of implementing decentralization based on regional capacity as an effort to promote social welfare.
Motion Sickness: Holding the Acupressure Point of Village-Owned Business Entities on the Wheel of “Good Corporate Governance” Dewi, Amelia Sri Kusuma; prasetyo, Ngesti Dwi; Rifan, Mohamad; Habsari, Hanugrah Titi
Brawijaya Law Journal Vol. 11 No. 1 (2024): Economic Law
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2024.011.01.03

Abstract

The transcription of Good Corporate Governance (GCG) scenarios in various state regulations basically attempts to build plots to move various economic resources from an area with low productivity to an area with higher productivity with greater results. However, this condition is different when the Indonesian Government wants Village-Owned Enterprises (BUMDes) which normatively and culturally are not designed for entrepreneurship like BUMD/BUMN. The consequence of this desire is that in its implementation BUMDes tends to be neglected and not bound by the principles of Good Corporate Governance (GCG). Through juridical-normative research methods and 3 (three) legal approaches, this research focuses on "Motion Sickness" towards BUMDes resulting from their placement in the "return on investment" space without Good Corporate Governance (GCG). The results of this research show that when analogous to a vehicle, BUMDes experience Motion Sickness or nausea due to: First, the psychological burden on the apparatus in the Village Government; Second, the Good Corporate Governance (GCG) Design is not in accordance with the BUMDes Design. Hence, the acupressure points that need to be pressed in dealing with BUMDes problems include: legal revitalization in the Village Law, overcoming work culture (such as fraud and insider transactions), sterilization of political elements (separating the interests of village officials from interests of Business Entities), and expansion of the business environment. So that in the future Corporate Governance and Corporate Management in BUMDes can be realized through the commitment of stakeholders such as: Capital Owners/GMS, Board of Supervisory/Commissioners, and Board of Directors.
Legal Protection of the Penataran Temple Site in Blitar Regency in the Digital Era Based on the Utilization of Artificial Intelligence Prasetyo, Ngesti Dwi; Fadli, Moh; Susilo, Edi; Puspitawati, Dhiana; Lutfi, Mustafa
Jurnal Pamator : Jurnal Ilmiah Universitas Trunojoyo Vol 17, No 4: October - December 2024
Publisher : LPPM Universitas Trunojoyo Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/pamator.v17i4.26774

Abstract

Penataran Temple, a cultural heritage site in Blitar Regency, stands as a testament to the pinnacle of past Nusantara civilization. Despite its significance, the protection of Penataran Temple requires optimization. This study aims to develop a legal protection strategy for Penataran Temple through the use of Artificial Intelligence. Employing statutory, conceptual, and historical approaches, this empirical juridical research analyzes data using sociological juridical methods. The study underscores the urgent need to enhance legal protection, particularly in rebranding the ecotourism potential of Penataran Temple. This effort seeks to cultivate, reaffirm, and revive the noble values of cultural heritage, establishing it as a distinctive landmark enriched by the unique mosaic of local wisdom. Utilizing innovative design and advanced technologies such as artificial intelligence, this approach significantly enhances branding rooted in local wisdom and ancestral heritage. It is crucial for promoting and safeguarding the temple from legal exploitation by parties lacking integrity and historical awareness in the digital age.
Presidential Discretion and Ministerial Inflation: A Normative Critique of the Amendment to Indonesia’s State Ministry Law Akbar, Muhammad Jihadil; Uyun, Dhia Al; Prasetyo, Ngesti Dwi
Invest Journal of Sharia & Economic Law Vol. 5 No. 1 (2025)
Publisher : Institut Agama Islam Negeri Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/invest.v5i1.10540

Abstract

The amendment to Article 15 of the State Ministry Law, which eliminated the cap on ministries and replaced it with "as needed by the President," has introduced legal uncertainty in Indonesia. This change adversely affected the structuring and formation of state ministries. This study analyzes the factors influencing ministry formation and aims to reconstruct the regulatory framework by reinstating limitations on the number of ministries to mitigate negative impacts. Using a normative legal method with statutory, conceptual, and historical approaches, this study identifies regulatory gaps. The findings reveal that the amendment to the State Ministry Law, particularly the revision of Article 15, which allows ministry numbers to be determined by presidential discretion, creates legal uncertainty. This fails to meet two key indicators of legal certainty theory - lex stricta and lex certa - leading to detrimental implications for ministry formation. This study recommends a judicial review of the amendments and advocates for reinstating a maximum limit on ministry numbers within the legal framework. This regulatory provision enhances legal certainty and prevents potential abuse of authority.
Reconceptualization of Land Acquisition Regulations for Tourism Village Development Based on the Principle of Public Interest Wardana, Azna Abrory; Koeswahyono, Imam; Permadi, Iwan; Prasetyo, Ngesti Dwi
Jurnal IUS Kajian Hukum dan Keadilan Vol. 13 No. 2 (2025): Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v13i2.1809

Abstract

Villages hold a strategic position in harnessing tourism potential as part of regional autonomy at the regency and city levels. Such development efforts can yield substantial economic gains and enhance the welfare of local communities. Despite this, the existing legal framework confines the authority to carry out land acquisition for tourism area development solely to four entities: the central government, regional administrations, state-owned enterprises (“BUMN”), and regionally owned enterprises (“BUMD”). As a result, village governments and village-owned enterprises face limitations in developing village tourism areas. This study employs a normative juridical approach, integrating conceptual and statutory methods. The findings indicate that strengthening decentralization and focusing on rural development present opportunities to empower village governments and village-owned enterprises with the authority to acquire land. The restriction of land acquisition for tourism areas to the central government, regional governments, SOEs, and ROEs is becoming increasingly irrelevant. Village tourism areas possess more significant economic potential when managed directly by village governments and village-owned enterprises, with active involvement from local communities. Therefore, a legal reconstruction is necessary to expand the entities authorized to acquire land for village tourism development. This can be achieved by harmonizing relevant legislation, particularly Law No. 2 of 2012, in conjunction with Law No. 6 of 2023 and Government Regulation No. 11 of 2021. Such harmonization will support village governments and village-owned enterprises in realizing effective, sustainable, and inclusive village tourism development.
WOMEN'S REPRESENTATION IN THE NOMINATION OF LEGISLATIVE MEMBERS ACCORDING TO LAW NUMBER 7 OF 2017 ON ELECTIONS Fajar Irawan; Dhia Al-Uyun; Ngesti Dwi Prasetyo
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 3 No. 4 (2023): July
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v3i4.986

Abstract

This scientific work focuses on the discussion of Women's Representation of at least 30% in the nomination of legislative members according to Law No. 7 of 2017 concerning Elections. In this work the author raised 2 (two) major discussions, the first related to the basis of consideration of women's representation of at least 30% in the legislative nomination and the second related to the legal implications of the rule. To answer these two discussions, the writer uses a normative juridical legal approach through the study of legal materials and sources of literature related to the theme that the writer adopts. From the results of this study the authors found several urgent issues that underlie the regulation of women's representation at least 30% in legislative nominations. The legal implications for election participants who do not obey these rules are disqualified from the electoral process in the electoral district concerned, these rules also serve as a legal umbrella against women who have not been accommodated in the political process. Although the rules related to women's representation have a positive impact on the life of politics in Indonesia, these rules need to be evaluated and refined to ensure women's representation.
Co-Authors Airin Liemanto Akbar, Muhammad Jihadil Amelia Sri Kusuma Dewi, Amelia Sri Kusuma Amirullah Amirullah Annisa Mayang Tyaningrum Daniel Alexander Siagian Daud, Erita Rosa Larasati David Boy Sumurung Silaban Dhia Al-Uyun Dhiana Puspitawati Edi Susilo FADLI, MOH Fadli, Moh. Fajar Irawan HANUGRAH TITI HABSARI Haq, Cendekiawan Ainul Imam Koeswahyono Imam Koeswahyono Iwan Permadi Jamil Jamil M. Yulis Pratama Moh Fadli Moh Fadli Muchamad Ali Safaat Muktiono Mustafa Lutfi Mustafa Lutfi Nurul Salsabila Hadiyanti Qothrunnada Uni Fauziyah Retno Catur Kusuma Dewi Ria Casmi Arrsa Riana Susmayanti Riana Usmayanti Rifan, Mohamad Sheehan Ghazwa Mahardhika Shinta Hadiyantina Shinta handiyantina Siti Rohmah Tunggul Ansari Setia Negara Tunggul Anshari SN Uyun, Dhia Al Wardana, Azna Abrory Zainal Arifien