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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) 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): September
Publisher : 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..
Spanning Interests of Regional Autonomy within the Axiom of 'Fiscality': A Brief Note on the Ideal Financial Relationship between Central and Regional Governments Ngesti Dwi Prasetyo
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6228

Abstract

The implementation of the Regional Autonomy policy is designed through the pattern and style of its implementation which changes according to the dynamics of the times. The implication is that there are ups and downs in the model of relations between the Center and the Regions within the framework of the Regional Government from time to time. This paper is a small note to see the ideal relationship between the Center and the Regions in the future, especially in terms of fiscal axioms. Through normative juridical research methods and several approaches, the results of this study can be described in 3 (three) points. First, the first stone for the founding fathers to choose the design of the Central-Regional relationship was the Proclamation. This is because there is a linearity between the meeting BPUPKI - Proklamasi - PPKI - UUD NRI 1945, with the Proclamation Text as the first formal form that there is an effort to find the ideal constitutional design in Indonesia, one of which is the accommodation of the phrase "Autonomy." Second, the implementation of the chosen relationship scheme leads to a form of Fiscal Decentralization which always experiences "Spanning Interest" and ends at a meeting point called "Conditio Sine Qua non." due to ecological and conditional factors. Third, the first and second conclusions lead to the ideal form of relationship between the Center and the Regions which is free as long as it overcomes the problem of fiscal disparities between regions and takes into account several legal bases including the legal basis of intergovernmental transfer system, Procedures for establishing and modifying intergovernmental transfers, Conditional and unconditional transfers, and Dispute resolution and adjudication.
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; SN, Tunggul Anshari; Prasetyo, Ngesti Dwi
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.
Co-Authors Akbar, Muhammad Jihadil Amelia Sri Kusuma Dewi, Amelia Sri Kusuma Amirullah -, Amirullah Amirullah Amirullah Annisa Mayang Tyaningrum 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 Rifan, Mohamad Safa’at, Muchamad Ali Shinta Hadiyantina Siagian, Daniel Alexander SN, Tunggul Anshari Tunggul Ansari Setia Negara Tunggul Anshari SN Uyun, Dhia Al Wardana, Azna Abrory