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The Politics of Indonesia's Decentralization Law Based on Regional Competency Prasetyo, Ngesti Dwi; Fadli, Moh.; Anshari SN, Tunggul; Ali Safaâ€™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

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

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

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

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.

Legal Protection for Human Rights Defender in Indonesia Siagian, Daniel Alexander; Muktiono; Prasetyo, Ngesti Dwi
International Journal of Islamic Education, Research and Multiculturalism (IJIERM) Vol 6 No 2 (2024)
Publisher : The Islamic Education and Multiculturalism Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/ijierm.v6i2.293

Legal protection of human rights defenders in Indonesia is crucial for the state to fulfil, promote and develop human rights. This research focuses on the reformulation of legal obscurity in regulations that have not legitimised the protection of human rights defenders. Various forms of vulnerability of human rights defenders in fact lead to human rights violations such as Criminalisation, Victimisation, Anti-SLAPP (Strategic Lawsuit Against Public Participation), Cyber Attacks and physical attacks intended for human rights defenders which reinforce Impunity. The facts show that the activities of human rights defenders are very vulnerable, it is appropriate to require legal protection in each of their activities. The vulnerability of the activities carried out by human rights defenders, which basically aims to contribute to the quality of State administration in promoting human rights, shows that protection for human rights defenders is important to be reformulated. By considering several important issues that are the focus of the research, the protection of Human Rights Defenders consists of, for instance, legal protection, which is not only related to the establishment of laws and regulations that guarantee the protection of Human Rights Defenders, but also to the elimination of laws that have the potential to threaten, restriction and violate Human Rights Defenders, guarantees and support for the activities of Human Rights Defenders, including the effectiveness of Human Rights Defenders in the process of advocacy, such as the right to information, communication with both government and non-government organisations, and recognition of Human Rights Defenders' advocacy. This also covers the guarantee of defenders' right to immunity for their advocacy activities.

Legal Construction of Land Rights as a Result of the Village Cash Land Exchange Process Conducted by the Village Government Pratama, M. Yulis; Ngesti dwi Prasetyo; handiyantina, Shinta
International Journal of Islamic Education, Research and Multiculturalism (IJIERM) Vol 6 No 3 (2024)
Publisher : The Islamic Education and Multiculturalism Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/ijierm.v6i3.381

The focus of this legal research is to discuss the legal construction in the process of exchanging village treasury land carried out by the village government together with the village community based on statutory regulations and several scientific references in order to support the validity of the research conducted. On the island of Java, village treasury land or what is usually known as bengkok land should be productive land so that it can provide added value and become a source of income for the village head and his apparatus, but in reality, not all village-owned land is productive land so that it makes the village government experience a decrease in production due to less productive land. The problem also arises when the village treasury land in the form of a yard is occupied by the village community, because it has been settled for a long time, the community wants legal status to the land they occupy by buying the village treasury land through the exchange process, the sale-purchase agreement occurs between the surrounding community and the village government As a form of follow-up to the sale-purchase process that has been carried out between the village government and the community, there is a release of the status of land rights. in this case there is legal uncertainty where people who have paid off the land have not been able to get a certificate for the land they have paid for. The research method used is Normative Juridical research based on laws and regulations which are then reviewed using applicable legal theories, concepts and principles so that it is expected to know and find the facts and data needed. Then briefly the research results show that 1. The status of land rights on village treasury land is included in the status of the right of use, this refers to the definition of the right of use stipulated in Law Number 5 of 1960 concerning Basic Regulations on Agrarian Principles Article 41 which states that the right of use is the right to use and/or collect products from land directly controlled by the State or land owned by others, which gives the authority and obligations specified in the decision to grant it by the official authorized to grant it or in the agreement with the owner of the land, which is not a lease agreement or land processing agreement, everything as long as it does not conflict with the spirit and provisions of this 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

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

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

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.

The Existence of Amicus Curiae in Constitutional Court Decisions: A Participation Theory Perspective Annisa Mayang Tyaningrum; Safa’at, Muchamad Ali; Prasetyo, Ngesti Dwi
International Journal of Islamic Education, Research and Multiculturalism (IJIERM) Vol 7 No 1 (2025)
Publisher : The Islamic Education and Multiculturalism Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/ijierm.v7i1.429

Penelitian ini menganalisis peran dan dampak amicus curiae dalam mendorong proses peradilan yang partisipatif di Mahkamah Konstitusi melalui teori partisipasi. Sebagai mekanisme non-litigasi, amicus curiae memperkaya perspektif peradilan, khususnya dalam kasus-kasus kepentingan publik, dengan memberikan pandangan hukum yang imparsial. Temuan menunjukkan bahwa amicus curiae meningkatkan kualitas putusan, transparansi, dan akuntabilitas, sehingga memperkuat peran Mahkamah dalam mempromosikan sistem hukum yang demokratis dan inklusif. Penelitian ini menyoroti bagaimana amicus curiae mendukung proses peradilan yang partisipatif di Mahkamah Konstitusi dengan menggunakan teori partisipasi. Awalnya berkembang dalam perencanaan kota, teori ini menekankan pada inklusivitas dan akuntabilitas dalam pengambilan keputusan. Diakui dalam Pasal 5 Ayat (1) Undang-Undang Nomor 48 Tahun 2009, amicus curiae memberikan pandangan imparsial yang berbeda dari Para Pihak Terkait, sehingga memastikan keterwakilan masyarakat yang beragam dalam proses hukum. Kehadiran amicus curiae meningkatkan transparansi, akuntabilitas, dan kualitas putusan peradilan. Teori partisipasi selaras dengan perannya dalam mendorong masukan publik yang beragam untuk mencapai hasil hukum yang seimbang. Kasus-kasus penting, seperti persidangan Soeharto, menunjukkan nilai praktisnya dalam memastikan keadilan peradilan. Institusionalisasi amicus curiae memperkuat nilai-nilai demokrasi dan partisipasi publik dalam peradilan. Amicus curiae memainkan peran strategis dalam meningkatkan transparansi, akuntabilitas, dan inklusivitas peradilan di Mahkamah Konstitusi.Kata kunci: Mahkamah Konstitusi, Amicus curiae, Partisipasi Publik, Transparansi, Akuntabilitas This study analyzes the role and impact of amicus curiae in fostering participatory judicial processes within the Constitutional Court through participation theory. As a non-litigation mechanism, amicus curiae enrich judicial perspectives, particularly in cases of public interest, by providing impartial legal insights. Findings reveal that amicus curiae enhances decision quality, transparency, and accountability, reinforcing the Court’s role in promoting a democratic and inclusive legal system. This study highlights how amicus curiae support participatory judicial processes within the Constitutional Court, using participation theory. Initially rooted in urban planning, this theory emphasizes inclusivity and accountability in decision-making. Recognized under Article 5 Paragraph (1) of Law Number 48 of 2009, amicus curiae provide impartial insights distinct from Related Parties, ensuring diverse societal representation in legal processes. The inclusion of amicus curiae enhances judicial transparency, accountability, and decision quality. Participation theory aligns with its role in fostering diverse public input for balanced legal outcomes. Notable cases, such as the Soeharto trial, demonstrate its practical value in ensuring judicial fairness. Institutionalizing amicus curiae strengthens democratic values and public participation in the judiciary. Amicus curiae plays a strategic role in enhancing judicial transparency, accountability, and inclusivity in the Constitutional Court. Its alignment with participation theory underscores its importance in promoting constitutional justice and addressing public interest cases.Keywords: Constitutional Court; Amicus curiae; Public Participation, Transparency, Accountability

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