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All Journal Brawijaya Law Journal : Journal of Legal Studies Jurnal Pamator : Jurnal Ilmiah Universitas Trunojoyo Madura Jurnal IUS (Kajian Hukum dan Keadilan) Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Yurispruden: Jurnal Fakultas Hukum Universitas Islam Malang Pena Justisia: Media Komunikasi dan Kajian Hukum 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
Ngesti Dwi Prasetyo
Universitas Brawijaya
Religion Aerospace Engineering Arts Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Other

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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.
THE ENFORCEMENT OF FINAL ADMINISTRATIVE COURT JUDGMENTS: A COMPARATIVE STUDY BETWEEN INDONESIA AND JAPAN David Boy Sumurung Silaban; Tunggul Anshari Setia Negara; Ngesti Dwi Prasetyo
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 5 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i5.3867

Abstract

The principle of fair law enforcement is a manifestation of the state adhering to the conception of the rule of law (rechtsstaat) as the ideal of the nation. This makes the Indonesian judiciary have an important role and the principles of simplicity, quick and low cost as mandated by the 1945 Constitution and Act no 48 of 2009 concerning Judicial Power. Enforcement of material law cannot be separated from enforcement of formal law, because both run with the aim of realizing a sense of justice for the community. Likewise, the enforcement of judicial decisions: which is a law that must be implemented by the Parties in dispute in it; must be realized for the sake of justice for the entitled Parties. Statistical data reveals that administrative court decisions are often not implemented by administrative agencies/officials. A comparison of the decision execution system between Indonesia and Japan provides an interesting insight into how the two countries, which have different historical backgrounds and judicial systems, enforce the law and execute decisions. This journal focuses on how the policies of the Administrative Court in Indonesia and the Japanese judiciary in executing Inkracht judgments. This analytical comparative study is expected to be a vehicle for scientific and practical exploration related to the fulfillment of rights and obligations for Parties in court disputes. The method used in this research is normative research method with conceptual approach and statutory approach. Some data and statistics from reliable sources are presented as facts that will be analyzed in this journal article..
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.
In Indonesia, Hope For The Omnibus Law Method As A Solution To Hyper Regulation Amirullah Amirullah; Tunggul Anshari SN; Ngesti Dwi Prasetyo
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 2 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i2.2625

Abstract

This study aims to describe the expectations of the Omnibus Law Method as a solution to regulatory problems in Indonesia. The research method used is a normative juridical approach with statutory and conceptual approaches. Analytical tools based on the SWOT framework are used to examine primary, secondary, and tertiary sources of law. Due to the overwhelming volume of federal and state laws, the government has chosen to implement sweeping "omnibus" legislation. It's true that rules may be streamlined using the Omnibus approach. One of the goals is the organization of rules, which cannot be achieved if the Formation of Legislation using the Omnibus Law approach is not executed correctly. The success and advantages of the enacted Omnibus Law will determine the future of the method's acceptance in Indonesia's legal system. The regulatory framework is inseparable from the legal underpinnings, apparatus, culture, infrastructure, information technology, and funding that sustain it. The concepts of transparency, caution, and promoting public engagement are essential in Indonesia for applying the Omnibus Law.
Urgensi Penyelenggaraan Pelayanan Publik Ditinjau dari Peraturan Presiden Nomor 89 Tahun 2021 Daud, Erita Rosa Larasati; Prasetyo, Ngesti Dwi; Susmayanti, Riana
Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Vol 10, No 1 (2025): Maret 2025
Publisher : Universitas Negeri Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.17977/um019v10i1p82-91

Abstract

This study aims to identify the urgency of implementing a Public Service Mall in the context of Indonesian bureaucracy and the challenges of implementing it in light of Presidential Regulation Number 89 of 2021. This study used a normative juridical method with a descriptive qualitative approach, focusing on the analysis of secondary legal materials such as laws and regulations, official documents, and other legal literature. Data collection techniques in this study were conducted through library research. Data analysis in this study uses qualitative normative techniques to interpret legal provisions and examine their legal implications. The Public Service Mall is a strategic innovation aimed at improving the effectiveness, efficiency, and quality of public services. The implementation of the Public Service Mall in practice still faces various challenges, such as inter-agency coordination, infrastructure readiness, and service system integration. The success of the Public Service Mall requires ongoing commitment and synergy from all stakeholders to realize modern, transparent, and adaptive public services.
Co-Authors Akbar, Muhammad Jihadil Amelia Sri Kusuma Dewi, Amelia Sri Kusuma Amirullah Amirullah Annisa Mayang Tyaningrum Daud, Erita Rosa Larasati David Boy Sumurung Silaban Dhia Al-Uyun Dhiana Puspitawati Edi Susilo FADLI, MOH Fadli, Moh. Fajar Irawan handiyantina, Shinta HANUGRAH TITI HABSARI Haq, Cendekiawan Ainul Imam Koeswahyono Iwan Permadi Jamil Jamil Muchamad Ali Safaat Muktiono Mustafa Lutfi Pratama, M. Yulis Retno Catur Kusuma Dewi Ria Casmi Arrsa Riana Susmayanti Rifan, Mohamad Safa’at, Muchamad Ali Shinta Hadiyantina Siagian, Daniel Alexander Tunggul Ansari Setia Negara Tunggul Anshari SN Uyun, Dhia Al Wardana, Azna Abrory