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All Journal Awang Long Law Review Pena Justisia: Media Komunikasi dan Kajian Hukum
Nurjannah Septyanun
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Law, Crime, Criminology & Criminal Justice

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Analysis of the Role and Function of Foundations in Realising Private Higher Education that is Free From Corruption, Collusion, and Nepotism towards Good University Governance Muslim; Rina Rohayu Harun; Nurjannah Septyanun; Ufran
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.v24i1.6761

Abstract

This study aims to analyse the factors that influence the occurrence of corruption, collusion, and nepotism in private higher education foundations; Analyze the supervision and control mechanisms implemented by foundations to prevent corruption, collusion, and nepotism and determine the legal construction of the role and function of foundations in private higher education institutions that are free from corruption, collusion, and nepotism based on Good University Governance (GUG). This research is an empirical-normative legal study, complemented by empirical data. The research was conducted for 1 (one) month, starting from March 20 to April 20, 2025. The respondents were 5 (five) representatives of the foundation's management, the vice chairman of the academic institution, lecturers, and employees. The results of this study indicate that the practice of Corruption, Collusion, and Nepotism in private higher education foundations is caused by several primary factors such as lack of transparency and accountability, the dominance of certain families or groups, weak supervision, low leadership ethics, inconsistency of regulations with practices, internal political competition, and economic motives. To overcome this, foundations must implement strict monitoring and control mechanisms, including open recruitment, establishing internal monitoring units and external audits, transparency of financial reports, applying sound governance principles, and enforcing codes of ethics and whistleblowing systems. In the legal context, the role and function of foundations must be constructed based on the principles of Good University Governance (GUG), which makes foundations not only legal entities that organise education, but also motors of governance that are integrated, transparent, and accountable by applicable laws and regulations Keywords: Role and Function of Foundations, Corruption, Collusion, Nepotism (KKN), Good University Governance (GUG)
LEGAL REASONING OF THE JUDGE'S DECISION REGARDING GOVERNMENT PROCUREMENT CONTRACT GUARANTEE CLAIM A Malik, Djamil; Erwin, Yulias; Nurjannah Septyanun
Awang Long Law Review Vol. 6 No. 1 (2023): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v6i1.966

Abstract

The decision is a written legal text made by an authorized judge, and its legal product is categorized as a crown. However, despite being considered a crown, a judge's decision is not exempt from examination by legal scholars. The optics used in the examination process are based on various perspectives, including hermeneutics as the fundamental basis for interpreting the text (decision). Substantively, hermeneutics has three main streams of thought, namely as a theoretical (methodological), philosophical, and critical hermeneutics, each with different understandings. Hermeneutics as a method focuses more on the effort to capture and reveal the meaning of the text, while philosophical hermeneutics goes beyond that and emphasizes "capturing meaningful meaning," implying that the meaning of the text can be continuously produced through a dialectical process. On the other hand, critical hermeneutics focuses on the aspect of disclosing the meaning of the author's ideological interests. This research aims to examine the legal reasoning in Decision No. 272 / PDT.G / 2017 / PN.BDG regarding the Government Procurement Contract Guarantee Claim from the perspective of Hans Georg Gadamer's Hermeneutic Circle. The research type is normative doctrinal, using secondary data sources consisting of primary, secondary, and tertiary legal materials with a conceptual approach, statutory approach, and case study. The research findings suggest that the process of claiming a bank guarantee through the judicial institution can be carried out by the Procurement Committee (PPK) as long as they obtain authorization from the Budget User, who is the owner of the work (bouwheer). This is due to the hybrid nature of government procurement contracts, which distinguishes them from private contracts, and the clarity of the scope of authority of the Budget User serves as the establishment of formal justice, acting as a bridge (epistemology) toward substantive justice.
Co-Authors A Malik, Djamil Erwin, Yulias Muslim Rina Rohayu Harun Ufran