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All Journal Cepalo Jurnal Magister Hukum Perspektif
Estu Bagijo, Himawan
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Law, Crime, Criminology & Criminal Justice Social Sciences

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PENGATURAN PENGAKUAN KEBERAGAMAN SUMBER HUKUM DALAM MASYARAKAT MULTIKULTUR MELALUI FILSAFAT HUKUM PLURALISME Puri Rahayu, Danik; Estu Bagijo, Himawan
Jurnal Magister Hukum Perspektif Vol. 15 No. 1 (2024)
Publisher : Magister Ilmu Hukum, Universitas Wisnuwardhana Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37303/magister.v15i1.97

Abstract

A multicultural society with a variety of legal sources used requires a legal philosophy of pluralism. However, in Indonesia the use of pluralist legal philosophy still leaves problems related to its application and implications. This article discusses the issue of the application and implications of pluralist legal philosophy in Indonesia. This type of normative juridical research, with a qualitative approach and analytical descriptive analysis. Research results: (1) the application of the legal concept of pluralism in Indonesia requires an approach that is inclusive, participatory, and based on recognition of various existing legal sources. This step is important in achieving legal justice and balance between various interests in a multicultural society. (2) Overall, the application of the legal philosophy of pluralism has significant implications for legal certainty, inclusiveness and conflict resolution in a heterogeneous society. By recognizing and respecting the plurality of legal norms, society can build a more inclusive, fair and sustainable legal system that strengthens social peace and justice. Key words: diversity of legal sources, multicultural society, legal philosophy of pluralism
DAMPAK HUKUM ASAS KELEMBAGAAN ATAU PEJABAT PEMBENTUK YANG TEPAT DALAM PEMBENTUKAN PERDES Tri Laksono, Wibowo; Achmad Affandi, Rizal; Estu Bagijo, Himawan
Jurnal Magister Hukum Perspektif Vol. 15 No. 2 (2024)
Publisher : Magister Ilmu Hukum, Universitas Wisnuwardhana Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37303/magister.v15i2.112

Abstract

The formation of village regulations that comply with the principles of appropriate forming officials is important to ensure the legitimacy and compliance of village communities. However, this process formation various problems. Problems in this research (1) What is the mechanism for forming village regulations that fulfill the principles of appropriate forming officials? (2) What are the legal impacts of forming village regulations that do not meet the principles of appropriate forming officials? This type of research uses normative law with a statutory and conceptual approach. Collecting legal materials uses literature study, and analyzes using qualitative descriptive. Research results: (1) The formation of village regulations has the same mechanism as the formation of statutory regulations, which includes planning, drafting, discussion, ratification or stipulation, and promulgation, (2) Village regulations do not meet the institutional principles or appropriate forming officials has the impact of formal defects, administrative disruption, potential abuse of power, and creates legal uncertainty. Moreover, village regulations that do not meet the appropriate institutional principles or forming officials can create a risk of non-compliance with village regulations so that village regulations do not run effectively. Keywords: principles of appropriate forming officials, village regulations, challenges in forming village regulations, legal impact
LOCAL GOVERNMENT AUTHORITY IN EXERCISING RIGHTS OF CULTURAL PROTECTION AND PRESERVATION IN MALINAU REGENCY Ahmad Zein, Yahya; Fathurrahman, Fathurrahman; Putro Utomo , Adymas; Idalina Leto , Bernardo; Estu Bagijo, Himawan
Cepalo Vol 9 No 2 (2025)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/cepalo.v9no2.4059

Abstract

This study critically examines the authority of local government in protecting and preserving regional culture in Malinau Regency. It aims to analyze the legal basis for cultural preservation and assess its implementation by the regional government. Using a normative legal research method grounded in the 1945 Constitution and relevant legislation, the study employs a statutory approach supplemented by empirical data collection. Findings indicate that Malinau Regency possesses the authority to enact regional regulations to safeguard local arts and culture from the erosion of traditional values. Such regulations are essential to ensure the sustainability of cultural heritage and must balance academic, ideological, sociological, and economic interests. Furthermore, regional regulations should empower local authorities and promote community participation in the protection, development, utilization, guidance, and supervision of regional culture.
Co-Authors Achmad Affandi, Rizal Ahmad Zein, Yahya Fathurrahman Fathurrahman Idalina Leto , Bernardo Puri Rahayu, Danik Putro Utomo , Adymas Tri Laksono, Wibowo