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Tinjauan Yuridis terhadap Kewenangan Pengadilan Negeri Jakarta Pusat terkait Penundaan Pemilu 2024 dan Implikasi Keberlakuan Asas Erga Omnes Arimbi, Diah; Amanita, Aliesa; Andayani, Lily; Dwiprigitaningtias, Indah
CENDEKIA : Jurnal Penelitian dan Pengkajian Ilmiah Vol. 1 No. 3 (2024): CENDEKIA : Jurnal Penelitian Dan Pengkajian Ilmiah, Maret 2024
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/cendekia.v1i3.2034

Abstract

The postponement of the General Election (Pemilu) is a crucial issue in a democratic state governed by law such as Indonesia, where the constitution mandates elections be held every 5 (five) years. Controversy arose from the Central Jakarta District Court Decision Number 757/Pdt.G/2022/PN Jkt Pst, which ordered the General Election Commission (KPU) to postpone the 2024 General Election. This decision not only contradicted the constitution but was also problematic for ruling beyond the plaintiff's demands (ultra petitum partium). The indication of applying the principle of erga omnes in the decision also became a separate polemic, considering that this principle is fundamentally relevant only in the realm of public law, whereas the Central Jakarta District Court operates within the scope of private law. This research employs a normative juridical approach with descriptive-analytical specification, and a normative qualitative analysis method by analyzing Decision Number 757/Pdt.G/PN Jkt Pst against positive law provisions in Indonesia. The conclusion of the study indicates that Central Jakarta District Court Decision Number 757/Pdt.G/PN Jkt Pst is an invalid decision, as the Panel of Judges exceeded its authority (ultra vires) and ruled ultra petitum partium. Furthermore, the principle of erga omnes cannot be applied to the decision because it is inherently applicable only to court decisions within the scope of public law, not private law.
Pertanggungjawaban Perusahaan Panas Bumi dalam Pelaksanaan K3LL pada Pemanfaatan Tidak Langsung Ditinjau dari Permen ESDM Nomor 33 Tahun 2021 Tentang K3LL dan Kaidah Teknik Panas Bumi Andayani, Lily; Dwiprigitaningtias, Indah; Ikrardini, Zulfika
CENDEKIA : Jurnal Penelitian dan Pengkajian Ilmiah Vol. 1 No. 3 (2024): CENDEKIA : Jurnal Penelitian Dan Pengkajian Ilmiah, Maret 2024
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/cendekia.v1i3.2035

Abstract

The implementation of Occupational Safety and Health, Environmental Protection and Management (K3LL) is a fundamental obligation for every geothermal company, particularly in high-risk indirect utilization activities. The Minister of Energy and Mineral Resources (ESDM) Regulation Number 33 of 2021 establishes normative standards and technical rules that must be met by geothermal business operators, including the duty to conduct hazard identification, risk assessment, implement a K3LL Management System, and ensure sustainable environmental impact management. This research aims to analyze the geothermal company's liability in executing K3LL based on this regulation, and to examine the forms of administrative, civil, and criminal liability arising from violations or failures to fulfill K3LL obligations. The study employs a normative juridical method with a statutory and conceptual approach to examine the conformity of the company's K3LL implementation with the obligations stipulated in Permen ESDM 33/2021. The analysis also explores the relationship between geothermal technical rules, the principle of prudence, and the principle of environmental protection as the basis for legal liability. The results indicate that geothermal companies bear extensive and inherent legal responsibility, encompassing the obligation to ensure worker safety, prevent environmental pollution and damage, and guarantee compliance with technical standards throughout all stages of indirect utilization. Violations of K3LL obligations not only pose safety and environmental risks but can also lead to administrative sanctions (temporary cessation of activities, license revocation), up to criminal liability in the event of gross negligence resulting in environmental damage or fatalities. This research affirms that effective K3LL implementation is an integral part of sustainable geothermal industry governance and a strategic instrument for minimizing operational risks, strengthening environmental protection, and realizing a safe, efficient, and responsible utilization of geothermal energy.
Transformasi Tata Kelola Pemerintahan Desa Berbasis Smart Village Government: Studi Kasus Kabupaten Bandung Barat Amanita, Aliesa; Andayani, Lily; Ardan, R. Ardini Rakhmania
CENDEKIA : Jurnal Penelitian dan Pengkajian Ilmiah Vol. 1 No. 10 (2024): CENDEKIA : Jurnal Penelitian Dan Pengkajian Ilmiah, Oktober 2024
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/cendekia.v1i10.2036

Abstract

The development of information technology has prompted local governments to adopt more innovative governance models, including the concept of Smart Village Government, as an effort to strengthen the effectiveness of village administration. This research aims to analyze the transformation of digital-based village governance in West Bandung Regency, and to identify the supporting factors, challenges, and its impact on the quality of public services, transparency, and community participation. The research method used is a descriptive-qualitative approach with case studies in several villages that have implemented the smart village program. Data were collected through interviews, observation, and review of official documents. The results show that the implementation of Smart Village Government in West Bandung Regency is capable of improving the efficiency of village administrative services, expanding access to public information, and facilitating community participation through digital platforms. This transformation has also encouraged the increased capacity of village officials in using information technology. However, implementation still faces a number of challenges, such as limited internet infrastructure, uneven digital literacy among the community, and the sustainability of the operational budget for village applications. This research concludes that the success of Smart Village Government is highly determined by the commitment of the local government, multi-stakeholder collaboration, and the strengthening of technology and human resource capacity at the village level. Thus, this model has the potential to be an effective strategy in building modern, transparent, and responsive village governance.