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All Journal Legal Standing : Jurnal Ilmu Hukum LEGAL BRIEF
Navis, Aulia Akbar
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Law, Crime, Criminology & Criminal Justice

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KONTROVERSI PERPANJANGAN MASA JABATAN KEPALA DESA 8 TAHUN 2 PERIODE PERSPEKTIF SOSIOLOGI HUKUM Ardiyansyah, Rizky Ahadyan; Navis, Aulia Akbar; Rizal, Saiful
Legal Standing : Jurnal Ilmu Hukum Vol 8, No 3 (2024): September-Desember
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v8i3.9528

Abstract

The term of office of the village head has been extended to 8 years (2 terms), with this provision it will trigger abuse of authority, considering that one of the aims of constitutional reform is to introduce limitations on executive power in order to create a balanced democracy in Indonesia. In this scientific study the author will analyze the impact of extending the term of office of the village head using a legal sociology approach. This research is packaged using normative research methods, the source of this research comes from primary materials in the form of relevant laws and regulations and books, while the sources of secondary material in this research are scientific papers in journals and other scientific articles and then correlating these problems with theory. sociology of law and statutory regulations. The results of the research show that the government policy regarding extending the term of office of village heads to 8 years and being able to be elected for 2 consecutive terms is a policy that is contrary to the concept of the rule of law, this is because the process taken by the government in forming this policy is considered to have political nuances. related to the situation of the 2024 presidential election, apart from that, the most fearful thing behind this policy is when this policy is used as a stepping stone by the government to extend the terms of office of other executives so that it is certain that the rule of law will be tainted by the government regime of this era. The conclusion is that the decision to extend the term of office of the village head is contrary to the aim of constitutional reform which seeks to limit executive power. What is most feared behind this decision is abuse of power by individual village heads due to holding power for too long accompanied by the absence of greater supervision intense.
Application Of The Omnibus Law Concept In The Job Creation Law On The Environment And Economic Revival Navis, Aulia Akbar; Hanif, Achmad Izzuddin; Iqbal, Muhammad; Siful, Siful
LEGAL BRIEF Vol. 13 No. 2 (2024): June: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i2.974

Abstract

The Omnibus Law in the Job Creation Law was first passed by President Jokowi Dodo, intended to make regulations more effective and simplify so that they are right on target. The purpose of writing this article is to analyze the concept of Omnibus law and the application of the Job Creation Law to the environment and economic improvement. The research method used is normative juridical, with a statutory and conceptual approach with primary data sources, namely the 1945 Constitution and the Job Creation Law. Work, with secondary data, namely, books, research journals and so on. The results of the research on the rules in omnibus law are very beneficial for investors in Indonesia because they are too simple in the licensing stages, so they can increase the economic revival of the community but on the other hand also give rise to negative impacts on environmental sustainability because of this policy. Conclusion The Job Creation Law has a flawed legal basis, so it should need a review, both in the business industry licensing articles which are considered to be damaging and worrying about environmental sustainability, as well as articles which cause people's economic welfare to decline. As the decision of the panel of judges at the Constitutional Court stated that Omnibus Law still needs to be improved
KONTROVERSI PERPANJANGAN MASA JABATAN KEPALA DESA 8 TAHUN 2 PERIODE PERSPEKTIF SOSIOLOGI HUKUM Ardiyansyah, Rizky Ahadyan; Navis, Aulia Akbar; Rizal, Saiful
Legal Standing : Jurnal Ilmu Hukum Vol. 8 No. 3 (2024): September-Desember
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v8i3.9528

Abstract

The term of office of the village head has been extended to 8 years (2 terms), with this provision it will trigger abuse of authority, considering that one of the aims of constitutional reform is to introduce limitations on executive power in order to create a balanced democracy in Indonesia. In this scientific study the author will analyze the impact of extending the term of office of the village head using a legal sociology approach. This research is packaged using normative research methods, the source of this research comes from primary materials in the form of relevant laws and regulations and books, while the sources of secondary material in this research are scientific papers in journals and other scientific articles and then correlating these problems with theory. sociology of law and statutory regulations. The results of the research show that the government policy regarding extending the term of office of village heads to 8 years and being able to be elected for 2 consecutive terms is a policy that is contrary to the concept of the rule of law, this is because the process taken by the government in forming this policy is considered to have political nuances. related to the situation of the 2024 presidential election, apart from that, the most fearful thing behind this policy is when this policy is used as a stepping stone by the government to extend the terms of office of other executives so that it is certain that the rule of law will be tainted by the government regime of this era. The conclusion is that the decision to extend the term of office of the village head is contrary to the aim of constitutional reform which seeks to limit executive power. What is most feared behind this decision is abuse of power by individual village heads due to holding power for too long accompanied by the absence of greater supervision intense.
Co-Authors Ardiyansyah, Rizky Ahadyan Hanif, Achmad Izzuddin Muhammad Iqbal Rizal, Saiful Siful, Siful