Claim Missing Document
Check
Articles

Found 3 Documents
Search

Constitutional Implications of KPK Leadership Term Changes: Analysis of MK Decision No. 112/PUU-XX/2022 and Ruling Inconsistencies Prabowo, Romi Galih; Tinambunan, Wahyu Donri
Jurnal Hukum Volkgeist Vol. 8 No. 1 (2023): DECEMBER
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/volkgeist.v8i1.4652

Abstract

Constitutional Court Decision No. 112/PUU-XX/2022, issued on May 25, 2023, underwent an amendment involving an analysis of Article 29 letter e and Article 34 in Law No. 19 of 2019 concerning the Corruption Eradication Commission (UU KPK) in conjunction with Law No. 30 of 2002. This decision is deemed inconsistent with constitutional principles and has the potential to impact anti-corruption efforts in Indonesia. The amendment provides a comprehensive analysis of the effects of the change in the term of office of the KPK leadership on the stability and performance of the institution, as well as its implications for anti-corruption efforts in Indonesia. The research methodology employed is normative juridical legal research with qualitative analysis of the Constitutional Court Decision and relevant legislation. This study aims to delve into the impact of the change in the term of office of the Chairman of the Corruption Eradication Commission (KPK) through Constitutional Court Decision No. 112/PUU-XX/2022. The research findings indicate significant changes in Article 29 letter e and Article 34 of Law No. 19 of 2019 concerning the Corruption Eradication Commission (KPK). Inconsistencies are observed in the application of the open legal policy concept by the Constitutional Court, particularly regarding the assessment of numerical values in previous rulings. Additionally, the study highlights errors in applying the non-retroactive principle concerning the changes in the term of office for KPK leaders, leading to controversy over the retroactive aspect of legal amendments.
PEMBERIAN IZIN BERBASIS ELEKTORINIK (ONLINE SUBMITE SISTEM) BERDASARKAN PRINSIP FIKTIF POSITIF PASCA UNDANG-UNDANG CIPTA LAPANGAN KERJA Noor, Aslan; Prabowo, Romi Galih; Kusnadi, Engkus; Diansyah, Yogi
UNES Law Review Vol. 5 No. 4 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.596

Abstract

Explores the concept of "fictitious positive" in the context of Indonesian administrative law, focusing on its application in public administration and licensing processes. The term refers to situations where public administration authorities fail to provide timely responses or services to citizen requests. The principle of positive fiction is enshrined in Article 53 of Law Number 30 of 2014, which sets time limits for government officials to make decisions and take actions. If the specified time limits are not met, the application is considered accepted. The State Administrative Court plays a role in adjudicating fictitious positive applications. However, recent regulatory changes introduced by the Job Creation Law have altered the process, shifting the authority to the executive branch. This abstract also examines the implementation of positive fictitious decisions in the context of the One Stop Integrated Service and the Electronic Integrated Business Licensing Service, aimed at simplifying licensing procedures and enhancing service quality. The abstract concludes by discussing the challenges and uncertainties associated with the application of positive fictitious principles in Indonesian administrative law and highlights the need for further regulations and clarity to ensure legal certainty and effective governance.
Tinjauan Hukum Penyediaan dan Pengelolaan Ruang Terbuka Hijau berdasarkan Prinsip Good Environmental Governance di Kabupaten Karawang Farma Rahayu, Mella Ismelina; Prabowo, Romi Galih; Permana, Afrizal Hadi; Prawira, Aldiansyah Yudha; Nur Rizki, Raden Achmad; Zulkarnaen Sitompul, Muhamad l Haris
UNES Law Review Vol. 6 No. 1 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.625

Abstract

This research discusses the relationship between green open space (RTH) and good environmental governance (good environmental governance). Good environmental governance is an extension of good government, which refers to the principles of good governance in the context of the environment. The government's role in providing green open space that can be enjoyed by the wider community is closely related to public policy making. This public policy involves a policy-making process that leads to certain goals and involves steps taken by the government. Green open space has various benefits, both ecologically, socio-culturally, and aesthetically. Green open space provides comfort, improves the microclimate, increases oxygen reserves, and serves as a means of recreation, social interaction and regional identity. The existence of green open space is also important in maintaining a balance between the natural environment and the built environment in urban areas. In managing green open space, it is important to apply the concept of good environmental governance by taking into account the sustainability of natural resources. Environmental governance understands environmental management through interactions between the state and its people. Green open space management also involves the process of planning, utilization and control which plays an important role in forming a planned urban spatial layout. This study focuses on Karawang Regency, where there is an imbalance between the amount of green open space with public facilities and private buildings. Even though there is still empty land that can be used as green open space, its utilization has not been optimal. In the Karawang Regency strategic plan, an analysis of land use and green open space needs is carried out based on the area and population. Good green open space management efforts in Karawang Regency can help achieve good environmental governance and improve the quality of the environment and the quality of life of its people.