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TRANSPARANSI DALAM PEMBERIAN FASILITAS PEMERINTAH TERHADAP INSTANSI, UNTUK MENCEGAH PENYALAHGUNAAN FINANSIAL Umam, Abd.; Wicaksono, Teguh; Mawardi, Mawardi
HUKMY : Jurnal Hukum Vol. 3 No. 2 (2023): HUKMY : Jurnal Hukum
Publisher : Fakultas Ilmu Sosial dan Humaniora

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35316/hukmy.2023.v3i2.384-401

Abstract

Law enforcers are trapped in the legal mechanism along with the punishment criteria determined by the legislators, for that reason our positive law has been regulated which is far from and contrary to the objective of a just law. The presence of excessive criminalization/criminalization with various kinds and types of negative law enforcement behavior in determining the criminal process, makes criminalization ultimately have a negative meaning and has the potential to hinder the development process. The research method used in this research is normative legal research with a statutory approach and a conceptual approach to the abuse of authority by internal government apparatus which is detrimental to state finances. The results of this study indicate that the assessment of the Government's Internal Supervisory Apparatus on administrative errors that cause state losses needs to be revised again. Because the assessment of the Government Internal Supervisory Apparatus will be followed up at the State Administrative Court. This is very risky because it is related to the element of causing harm to state finances, in fact it is the authority of the Corruption Court to decide it
Legal Foundations and Inequities in Indonesian Autonomy: Landasan Hukum dan Ketidakadilan dalam Otonomi Indonesia Umam, Abd.; Yusuf, Dwi Savedo; Rato, Dominikus; Setyawan, Fendi
Indonesian Journal of Innovation Studies Vol. 25 No. 2 (2024): April
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/ijins.v25i2.1070

Abstract

This study examines the effectiveness of Indonesia's regional autonomy laws—Law Number 22 of 1999, Law Number 32 of 2004, Law Number 23 of 2014, and Law Number 5 of 2014—highlighting the challenges of inter-regional inequality, conflicts of interest, and resource limitations. Employing qualitative analysis of legal documents and secondary data, the research identifies critical gaps in the legislation that hinder equitable development across regions. It proposes legal reforms to strengthen the governance system, aiming to enhance fairness and effectiveness in regional autonomy, thereby ensuring a more balanced national development. Highlights: Legal Gaps: Current laws insufficiently address inter-regional inequalities and conflicts. Reform Necessity: Legal reforms are crucial for effective resource distribution and conflict management. National Impact: Improved laws can enhance national unity and regional governance. Keywords: Regional Autonomy, Legal Analysis, Inequality, Conflict Resolution, Policy Reform