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Preventive and Evaluative Mechanism Analysis on Regulatory and Legislation Reform in Indonesia Astariyani, Ni Luh Gede; Hermanto, Bagus; da Cruz, Rosino; Wisnaeni, Fifiana
LAW REFORM Vol 19, No 2 (2023)
Publisher : PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/lr.v19i2.55819

The quality of regulatory and legislative measures, both within and outside the hierarchy in Indonesia, can be assessed using certain indicators. These indicators demonstrate a stagnation and a slight shift towards other legal issues. To improve the quality of regulatory and legislative measures, it is necessary to amend preventive and evaluative mechanisms. This condition provides a foundation for further analysis of all problems, with a focus on creating a positive system that prioritizes urgency and required improvements. This paper aims to analyze the preventive and evaluative mechanisms of legislation in Indonesia objectively. This article uses the doctrinal legal method, utilizing legal concepts, statutory laws, legal facts, and legal case approaches. It suggests amending the current mechanism and recommends reforms towards both preventive and evaluative mechanisms to improve regulatory and legislative quality in Indonesia. This study was concerned with formulating grounded principles and concepts, and providing proof of concept for preventive and evaluative mechanisms towards statutory laws, which would ensure the sustainability of Indonesia's legislative and regulatory reform.

Exploring Student Perspectives on Restorative Justice: A Case Study at the Public High School of Kefamenanu Manubulu, Isakh Benyamin; Tahu, Maria Filiana; Astariyani, Ni Luh Gede; Da Cruz, Rosino; Tuasikal, Ditha Fomora
Indonesian Journal of Advocacy and Legal Services Vol 6 No 1 (2024): Advocacy in the Global Perspective: Social, Legal, and Political Insights
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v6i1.78039

The exploration of Restorative Justice (RJ) in Indonesia's border areas, particularly within the context of North Central Timor High School, reveals intriguing insights into its implementation and reception among students. This study, employing an empirical legal research approach focused on statutory analysis, factual examination, and thoughtful analysis, sheds light on the evolving landscape of Indonesia's criminal justice system. Notably, the research highlights that while PERMENDIKBUD 46/23 initially adopts a distributive punishment framework, there exists a growing inclination towards adopting RJ principles. A significant proportion of students, constituting 55.50%, express strong support for the incorporation of RJ within the school environment. Moreover, a majority (51%) acknowledge the presence of RJ initiatives within their schools, emphasizing the gradual acceptance of this alternative approach. Furthermore, the findings underscore the importance of transparency in RJ practices, with 40% of students recognizing its significance. Additionally, a notable percentage (35.5%) of students endorse the application of RJ in addressing issues of sexual violence, signaling a potential avenue for addressing such sensitive matters within the school community. Crucially, a substantial proportion (43.33%) of students advocate for the active involvement of schools in facilitating the resolution of sexual violence cases through RJ processes. This underscores the pivotal role educational institutions can play in fostering a culture of accountability and restoration. Overall, the student perspectives elucidated in this research offer valuable insights into the feasibility and efficacy of RJ in addressing not only disciplinary matters but also complex issues like sexual violence within educational settings. As Indonesia continues to explore innovative approaches to justice, the embrace of RJ principles signifies a promising step towards fostering a more inclusive and restorative justice system.

Legal Hermeneutics in Reforming Preparation of Village Regulation: Case of Indonesia and Timor Leste Astariyani, Ni Luh Gede; Yusa, I Gede; Hermanto, Bagus; da Cruz, Rosino
Al-Risalah Vol 25 No 1 (2025): June 2025
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v25i1.1754

This study explores the formation and challenges of Village Regulations in three regions: Tabanan, Badung, and Denpasar. It addresses two core objectives: identifying the dynamics of village-level legislation and examining the application of legal hermeneutics in interpreting such regulations. The research combines normative and empirical legal methods, employing a qualitative descriptive analysis through the Statute, Conceptual, and Analytical approaches. The findings reveal persistent issues in the drafting process, particularly inconsistencies with the Ministry of Home Affairs Regulation No. 111 of 2014. These challenges stem from both technical and interpretive shortcomings. The study further emphasizes the importance of hermeneutical interpretation in maintaining normative consistency and avoiding conflicting legal provisions. Additionally, a comparative perspective is offered through an analysis of village governance in Timor-Leste, where village regulations are governed under Law No. 9 of 2016. This research contributes to the discourse on institutional reform and democratic resilience at the village level, highlighting the need for clearer legal frameworks and interpretive consistency in local governance.

Exploring Student Perspectives on Restorative Justice: A Case Study at the Public High School of Kefamenanu Manubulu, Isakh Benyamin; Tahu, Maria Filiana; Astariyani, Ni Luh Gede; Da Cruz, Rosino; Tuasikal, Ditha Fomora
Indonesian Journal of Advocacy and Legal Services Vol. 6 No. 1 (2024): Advocacy in the Global Perspective: Social, Legal, and Political Insights
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v6i1.30559

The exploration of Restorative Justice (RJ) in Indonesia's border areas, particularly within the context of North Central Timor High School, reveals intriguing insights into its implementation and reception among students. This study, employing an empirical legal research approach focused on statutory analysis, factual examination, and thoughtful analysis, sheds light on the evolving landscape of Indonesia's criminal justice system. Notably, the research highlights that while PERMENDIKBUD 46/23 initially adopts a distributive punishment framework, there exists a growing inclination towards adopting RJ principles. A significant proportion of students, constituting 55.50%, express strong support for the incorporation of RJ within the school environment. Moreover, a majority (51%) acknowledge the presence of RJ initiatives within their schools, emphasizing the gradual acceptance of this alternative approach. Furthermore, the findings underscore the importance of transparency in RJ practices, with 40% of students recognizing its significance. Additionally, a notable percentage (35.5%) of students endorse the application of RJ in addressing issues of sexual violence, signaling a potential avenue for addressing such sensitive matters within the school community. Crucially, a substantial proportion (43.33%) of students advocate for the active involvement of schools in facilitating the resolution of sexual violence cases through RJ processes. This underscores the pivotal role educational institutions can play in fostering a culture of accountability and restoration. Overall, the student perspectives elucidated in this research offer valuable insights into the feasibility and efficacy of RJ in addressing not only disciplinary matters but also complex issues like sexual violence within educational settings. As Indonesia continues to explore innovative approaches to justice, the embrace of RJ principles signifies a promising step towards fostering a more inclusive and restorative justice system.

Legal Hermeneutics in Reforming Preparation of Village Regulation: Case of Indonesia and Timor Leste Astariyani, Ni Luh Gede; Yusa, I Gede; Hermanto, Bagus; da Cruz, Rosino
Al-Risalah Vol 25 No 1 (2025): June 2025
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v25i1.1754

This study explores the formation and challenges of Village Regulations in three regions: Tabanan, Badung, and Denpasar. It addresses two core objectives: identifying the dynamics of village-level legislation and examining the application of legal hermeneutics in interpreting such regulations. The research combines normative and empirical legal methods, employing a qualitative descriptive analysis through the Statute, Conceptual, and Analytical approaches. The findings reveal persistent issues in the drafting process, particularly inconsistencies with the Ministry of Home Affairs Regulation No. 111 of 2014. These challenges stem from both technical and interpretive shortcomings. The study further emphasizes the importance of hermeneutical interpretation in maintaining normative consistency and avoiding conflicting legal provisions. Additionally, a comparative perspective is offered through an analysis of village governance in Timor-Leste, where village regulations are governed under Law No. 9 of 2016. This research contributes to the discourse on institutional reform and democratic resilience at the village level, highlighting the need for clearer legal frameworks and interpretive consistency in local governance.

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