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All Journal AS-SIYASI JOURNAL OF CONSTITUTIONAL LAW Reformasi Hukum Trisakti Amicus Curiae
Eko Primananda
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Kajian Hukum Terhadap Proses Pemberhentian dan Pengangkatan Perangkat Desa di Kawasan Sumba Barat Daya: Legal Study on the Termination and Appointment Processes of Village Officials in the Southwest Sumba Region Liany Angsana Dewi Hadi; Eko Primananda
Reformasi Hukum Trisakti Vol 6 No 3 (2024): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v6i3.20342

Abstract

The decisions of the State Administrative Court play a crucial role in upholding the law and ensuring justice. The implementation of these decisions is also a critical part of ensuring justice. Efforts to ensure the execution of decisions, such as coercive measures and administrative sanctions, need to be taken to ensure that court decisions are truly enforced. This way, the principle of justice can be more effectively realized at all stages of the legal process, from hearings to the implementation of decisions. The research questions in this study are: (1) Whether the dismissal and appointment of village officials in Weepangali Village comply with Law Number 6 of 2014 concerning Villages; (2) How is the implementation of the procedures for the dismissal and appointment of village officials in Weepangali Village after Decision Number 39/G/2022/PTUN? The research found that the process of appointing the new Village Apparatus was carried out by dismissing the old Village Apparatus without any prior notification letter and without any clear reason. The conclusion is that the process of appointing and dismissing Village Apparatus is not in accordance with statutory provisions.
TANGGUNG JAWAB PEMERINTAH KOTA TANGERANG DALAM MENGATASI KEBAKARAN TPA RAWA KUCING BERDASARKAN PERATURAN DAERAH NOMOR 2 TAHUN 2022: Responsibility Tangerang City Government in Overcoming Rawa Kucing Landfill Fire Based on Regional Regulation Number 2 of 2022 Farhan Ramadhany Putra Suryana; Eko Primananda
Reformasi Hukum Trisakti Vol 7 No 1 (2025): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v7i1.22233

Abstract

Tangerang has the Rawa Kucing landfill in Neglasari, which recently experienced a fire. Handling this fire is the responsibility of the Tangerang City Government, especially the Environmental Agency. The problem formulation of this research is how the responsibility of the Tangerang city government in handling the Rawa Kucing landfill fire and what are the obstacles of the Tangerang city government in handling the Rawa Kucing landfill fire based on Perda No. 2 of 2022 concerning Waste Management. The research methods used are juridical and normative approaches, with qualitative data analysis. Conclusions are drawn through deductive logic, based on Law Number 23 of 2014 concerning Regional Government and Tangerang City Regional Regulation Number 2 of 2022 concerning Waste Management. The results and conclusions show that the Tangerang City Government has not fully addressed the problem of waste management properly, especially in the open dumping system, and the handling of fires at the Rawa Kucing Waste Landfill is not running quickly due to various obstacles faced.
KEWENANGAN PEMERINTAH KOTA BEKASI DALAM MENURUNKAN ANGKA KEMISKINAN DI KOTA BEKASI TAHUN 2022-2023: The authority of Bekasi city government in reducing poverty rates in Bekasi city 2022-2023 Adilah Maharani; Eko Primananda
AMICUS CURIAE Vol. 2 No. 3 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v2i3.24010

Abstract

Health and food safety are among the concurrent affairs that fall under the responsibility of both the central This research examines the authority of the Bekasi City Government in reducing poverty rates for the 2022- 2023 period based on Local Regulation Number 4 of 2018 on Poverty Alleviation. The identification in Bekasi City is a serious challenge, with the number of poor residents reaching 137,390 people in 2022. The study employs a normative juridical method with a socio-legal approach, utilizing primary and secondary data from legal materials. The result and conclusion indicate that the Bekasi City Government has implemented various poverty alleviation programs such as food assistance, cash assistance, Family Hope Program (PKH), and community economic empowerment with a total budget of IDR 116.4 billion. These programs successfully reduced the poverty percentage from 4.43% to 4.10%. The government also developed the SI IJAH system with 19 assessment variables for accurate data collection and implemented extreme poverty management programs through the Regional Poverty Alleviation Coordination Team (TKPKD). The success of these programs was supported by data integration from the Integrated Social Welfare Data (DTKS), Central Bureau of Statistics (BPS), and the Acceleration of Extreme Poverty Elimination by the Coordinating Ministry of Human Development and Culture (P3KE Kemenko PMK) to ensure program targeting accuracy.
PENANGGULANGAN WABAH ANTRAKS DI KABUPATEN GUNUNGKIDUL BERDASARKAN PERATURAN DAERAH NOMOR 3 TAHUN 2016 KABUPATEN GUNUNGKIDUL TENTANG KEAMANAN PANGAN: Handling of Anthrax Outbreak in Gunungkidul Regency, Special Region of Yogyakarta Based on the Regional Regulation of Gunungkidul Regency  Number 3 of 2016 on Food Safety Afriyan Putra; Eko Primananda
AMICUS CURIAE Vol. 2 No. 3 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v2i3.24015

Abstract

Health and food safety are among the concurrent affairs that fall under the responsibility of both the central and regional governments, as stipulated in Law Number 23 of 2014 on Regional Government. Regional autonomy allows each region to regulate and address its own affairs within the framework of government matters established by law. The anthrax outbreak in 2023 in Gunungkidul Regency, Special Region of Yogyakarta, is one such concurrent governmental matter in the fields of health and food safety. The spread of anthrax was caused by various factors, including the role of the regional government in preventing and managing the disease. In addressing this, the Gunungkidul regional government referred to Regional Regulation Number 3 of 2016 on Food Safety. Therefore, the identification of problems arising from the anthrax outbreak and the responsibility of the local government is how the Local Government’s Efforts are in dealing with the anthrax outbreak in Gunungkidul Regency, Special Region of Yogyakarta in 2023. The results of the research and conclusions carried  out by the Gunungkidul Regency local government  are in the form of preventive efforts and repressive efforts.
ANALISIS YURIDIS PERSYARATAN USIA BAKAL CALON PRESIDEN DAN/ATAU BAKAL CALON WAKIL PRESIDEN DALAM PEMILU 2024 (STUDI KASUS PUTUSAN MK/NOMOR-90-XXI-PUU/2023): Juridical Analysis Of Age Requirements For Presidential And Vice-Presidential Candidates In The 2024 Election (Case Study Of The Constitutional Court Decision No. 90/Xxi/Puu/2023) Rama Mahendra; Eko Primananda
AMICUS CURIAE Vol. 2 No. 3 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v2i3.24268

Abstract

This study intends to examine Constitutional Court Decision Number 90/PUU-XXI/2023, which amended the provision of Article 169 letter q concerning the minimum age requirement for presidential and vice-presidential candidates. This study identifies problems concerning the Court’s legal considerations in the judicial review of Article 169 letter q of Law Number 7 of 2017 on General Elections, particularly related to the nomination of candidates for the 2024 Election, as well as analyzing the legal implications of the decision. The research method applied is a normative-empirical legal approach, combining field research and literature study, aimed at understanding the legal reasoning behind the Constitutional Court’s ruling. The findings indicate that there has been a direct change to Article 169 letter q, where the minimum age requirement of 40 years, previously absolute, has been expanded by adding an alternative condition, namely having previously held or currently holding an elected office, including regional head elections. With the results of the research and conclusion, it was found that this decision has significant implications for the system of presidential and vice-presidential candidacy in Indonesia, broadens opportunities for candidates from regional head backgrounds, and raises debates regarding the consistency of the principles of equality and legal certainty in elections.
- FUNGSI ANGGARAN DEWAN PERWAKILAN RAKYAT DAERAH KOTA BEKASI SAAT CORONA VIRUS DEASEASE 2019 BERDASARKAN UNDANG-UNDANG PEMERINTAHAN DAERAH: - Raihan Rifat Rizqulloh; Eko Primananda
Reformasi Hukum Trisakti Vol 5 No 4 (2023): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i4.18353

Abstract

The budgetary function carried out by the The Regional People's Representative Council (DPRD), according to Law Number 23 of 2014 concerning Local Governance, is implemented through joint discussions with the Local Government regarding the proposed Regional Revenue and Expenditure Budget submitted by the Mayor. The research problem is how the budgetary function of the DPRD in Bekasi City was conducted before and during the Covid-19 pandemic in accordance with Law No. 23 of 2014 on Local Governance. The research was conducted using a normative legal method, utilizing secondary data, and qualitatively analyzing with a deductive conclusion approach. The research findings, discussions, and conclusions reveal that during the Covid-19 pandemic, the formation of the Regional Budget (APBD) stipulated in Minister of Home Affairs Regulation Number 39 involved the Regional Head adjusting the APBD through changes in the Regional Head Regulation regarding the elaboration of APBD, which was then communicated to the DPRD leadership. Under normal circumstances, the stages of APBD formation involve initial discussions between the Local Government and DPRD, in accordance with the explanations in the Law on Local Governance
KONTRIBUSI PT TANGERANG NUSANTARA GLOBAL TERHADAP PENDAPATAN ASLI DAERAH KOTA TANGERANG TAHUN 2020-2022 : Contribution of PT Tangerang Nusantara Global to the Regional Original Revenue of Tangerang in 2020-2022 Muhammad Miftahuddin; Eko Primananda
Reformasi Hukum Trisakti Vol 6 No 1 (2024): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v6i1.19072

Abstract

PT Tangerang Nusantara Global is one of the BUMDs formed by the Tangerang city government, as a means of resource management and efforts to optimize PAD potential.The formulation of the problem discussed is whether the contribution of BUMD PT Tangerang Nusantara Global to Tangerang City PAD for the 2020-2022 period is in accordance with Law no. 23 of 2014 concerning Regional Government and what obstacles the BUMD PT Tangerang Nusantara Global faces. The research method is descriptive, normative research type and uses literature studies, with conclusions using deductive logic. The results of the research and discussion are that PT Tangerang Nusantara Global contributes by obtaining two types of income, income originating from its business sector and income form of deposits. The obstacle faced is ownership of regional property (BMD) which is not yet fully held by PT Tangerang Nusantara Global. The conclusion is contribution of PT Tangerang Nusantara Global to the PAD of Tangerang City in 2020-2022 in accordance with Law no. 23 of 2014 concerning Regional Government. PT Tangerang Nusantara Global functions to support the regional economy, but its PAD contribution is not yet significant. More positive efforts are needed to be able to contribute more to the region
- Penguatan Kewenangan Kementerian Komunikasi dan Informatika Memblokir Akses Konten Asusila di Media Sosial untuk Melindungi Hak Asasi Manusia.: - Naufal Hisyam Zuhdi; Eko Primananda
Reformasi Hukum Trisakti Vol 6 No 2 (2024): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v6i2.19913

Abstract

Information technology crimes are increasingly varied and must be handled seriously. In this regard, the Constitutional Court through decision No. 81/PUU-XVIII/2020 has strengthened the authority of the Ministry of Information and Communication to block access to immoral content on social media, maintain the balance of human rights, and law enforcement.  The problems of this research are: how is the strengthening of the authority of the Ministry of Information and Communication in blocking access to immoral content on social media? The purpose of this study is to describe the strengthening of the authority of the Ministry of Communication and Information to block immoral content on social media. This article is a normative legal research, descriptive in nature, using secondary data, and deductive inference. The conclusion of this article, namely: the strengthening of the authority of the Ministry of Communication and Information is regulated in Law No. 19 of 2016 concerning Amendments to Law No. 1 of 2008 concerning Electronic Information and Transactions and other regulations authorizing the ministry to block access to immoral content on social media to protect human rights.
Legality of State Debt Management: A Study on the Principle of the Rule of Law and Legislative Order Nasef, M. Imam; Ali Rido; Eko Primananda
As-Siyasi: Journal of Constitutional Law Vol. 5 No. 2 (2025): As-Siyasi: Journal of Constitutional Law
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/as-siyasi.v52.28322

Abstract

The management of state receivables by the Committee of State Receivables Management (Panitia Urusan Piutang Negara), as regulated under Government Regulation No. 28 of 2022, has sparked legal debate regarding its conformity with the principle of the rule of law and legislative order. This study is motivated by concerns that the regulation unilaterally expands administrative authority, potentially infringes upon the rights of legal subjects, and undermines the principle of legality and due process of law. This research examines the validity of Government Regulation No. 28 of 2022 from the perspective of the rule of law, the hierarchy of legal norms, and the principles of proper legislative formation. This study employs a normative legal method with a statutory approach. The findings indicate that Government Regulation No. 28 of 2022 contains preambles and substantive provisions that exceed the authority granted by Law No. 49 Prp/1960 as the parent legislation, even introducing new legal norms without clear legitimacy. The study concludes that Government Regulation No. 28 of 2022 fails to comply with the principle of legality and violates the hierarchy of norms. Therefore, it should be declared invalid and subject to revocation to maintain consistency in upholding Indonesia's rule of law and legislative order.
Co-Authors Adilah Maharani Afriyan Putra Ali Rido Farhan Ramadhany Putra Suryana Liany Angsana Dewi Hadi Muhammad Miftahuddin Nasef, M Imam Naufal Hisyam Zuhdi Raihan Rifat Rizqulloh Rama Mahendra