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All Journal Jurnal Syntax Transformation International Journal of Social Service and Research Journal of Social Research Ius Positum: Journal of Journal Of Law Theory And Law Enforcement Edunity: Kajian Ilmu Sosial dan Pendidikan Journal of Social Science INJURITY: Journal of Interdisciplinary Studies Jurnal Greenation Sosial dan Politik Cognitionis Civitatis et Politicae
Fakrulloh, Zudan Arief
Unknown Affiliation
Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Engineering Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

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Dynamics of Legal Framework for Public-Private Partnership (PPP) in Infrastructure Provision K, Andriansyah Tiawarman; Fakrulloh, Zudan Arief
Cognitionis Civitatis et Politicae Vol. 1 No. 5 (2024)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/politicae.v1i5.1631

Abstract

The increasing demand for public infrastructure in Indonesia, coupled with national budget limitations, has elevated the importance of the Public-Private Partnership (PPP) scheme as an alternative financing mechanism. This study aims to analyze the legal framework and challenges associated with the implementation of PPP in infrastructure provision. Using a qualitative approach, the research examines existing regulations, including Presidential Regulation No. 38 of 2015, as well as other supporting policies that form the basis of PPP implementation in Indonesia. The findings reveal two critical aspects: first, the current legal framework for PPP provides a foundation for collaboration but requires enhancement to address gaps in clarity and effectiveness; second, significant challenges, including risk allocation, dispute resolution, and legal protection for parties, hinder the execution of PPP projects. The study concludes that an improved and accountable legal framework is essential to attract private sector investment and ensure the success of PPP projects. Strengthening regulatory certainty and addressing legal challenges are pivotal for fostering sustainable infrastructure development in Indonesia.
Disparity in the Verdict of Prosecutors Corruption Crime Case of Pinagki Sirna Malasari and Hasti Sriwahyuni in Based on the Perspective of Donald Black’s Legal Theory Nandang, Asep; Fakrulloh, Zudan Arief
Cognitionis Civitatis et Politicae Vol. 1 No. 5 (2024)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/politicae.v1i5.1633

Abstract

Indonesia is a country of law (Rechsstaat) not a country of power (Machtstaat). Therefore, it must be the Commander, the law is not a tool of the ruler or businessman, the law does not belong to the ruler or businessman, as mandated by the 5th principle of Pancasila, “Social Justice for All Indonesian People”. “Equality before the law” all are equal before the law, no discrimination is the hope of all Indonesian people. On the other hand, corruption creates social inequality, the distance between the rich and the poor is getting further, and corruption has hampered development and social welfare. Corruption will continue to grow until the justice system can punish perpetrators of crimes and keep government authority under control. When justice is “bought” or intervened politically, the people are the victims who suffer. Das solen and das sein are two very different things, the law that is aspired to, the ideal law with the reality in society, the law that should occur in society with the law that occurs in society there is a disparity. Legal discrimination is a serious obstacle in upholding justice according to the expectations of the community, the perpetrators of corruption will continue to increase and increase and will not have a deterrent effect, if there are no concrete efforts to eradicate corruption. Leaders must pay serious attention and guarantee the independence of institutions that enforce the law to eradicate corruption. Now is the right time to end impunity for corruption.
Effectiveness on the Environment Based on Government Regulation Number 26 of 2023 concerning Management of Sedimentation Results in the Sea Riyadi, Panji; Fakrulloh, Zudan Arief
Cognitionis Civitatis et Politicae Vol. 1 No. 6 (2024)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/politicae.v1i6.1821

Abstract

Marine sedimentation exploitation, regulated in Government Regulation No. 26 of 2023, aims to manage marine sedimentation results, including using sea sand for various economic interests. However, although this regulation aims to maintain the balance of the aquatic ecosystem, its implementation actually poses significant risks to the sustainability of coastal ecosystems, including the potential for small islands to sink. This study examines the impacts of marine sand exploitation on the environment, coastal communities, and the economic sector and evaluates the effectiveness of supervision and administrative sanctions in the regulation. The results of the study indicate that although this regulation includes various obligations for business actors, weak supervision and the lack of effective mitigation measures have the potential to worsen ecological, social, and economic impacts. Therefore, this study recommends a revision of the regulation that pays more attention to ecosystem sustainability and the involvement of coastal communities in decision-making related to marine resource management.
Co-Authors Azis, Miftakul Biantoro, Prasojo Soewondo Boy Nurdin Fernando, Agung Hutagalung, Tiur Hasmida Ibrahim K, Andriansyah Tiawarman Maria, Indri Nandang, Asep Rakhmawaty, Popy Riswadi Riswadi, Riswadi Riyadi, Panji Rusman Rusman Steavanno, Dedet Wiraguna, Sidi Ahyar