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All Journal Al-Daulah : Jurnal Hukum dan Perundangan Islam Jurnal Hukum dan Pembangunan
Beni, Rozi
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Law, Crime, Criminology & Criminal Justice

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PERATURAN KRATON YOGYAKARTA YANG TAK LAGI JADUL (Suatu Analisis terhadap Pembaharuan Teknik, Format dan Muatan Dawuh Dalem di Kraton Yogyakarta) Beni, Rozi
Jurnal Hukum & Pembangunan
Publisher : UI Scholars Hub

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Abstract

In the midst of the rapid development of the conception and implementation of a modern and democratic government structure, the Ngayogyakarta Hadiningrat Sultanate was able to preserve its customary laws, including regarding governance and government structure in a monarchical system regulated in the Kraton's statutory regulations. Customary law, such as Dawuh Dalem, is often considered ancient, out of date, only important for legal historians, and other skeptical views. However, in reality, customary law is still alive with various reforms. In this normative research, we discuss the renewal of the internal statutory regulations of the Yogyakarta Palace, called Dawuh Dalem. The Dawuh Dalem studied is Dawuh Dalem Number: 01 / DD / HB10 / ALIP. 1955.2022 Date Kaping 14 Pasa, Alip 1955, Surya Kaping 16 April 2022 Chapter Pranatan Anyar Tata Assemble Printing Palace Ngayogyakarta Hadiningrat Ngganti Dawuh Dalem Figure: 01/Dd/Hb The Dalem is an internal regulation of the Yogyakarta Palace, but the preparation technique, format and content of the Dawuh Dalem have adopted and are in accordance with the drafting rules and framework of state laws and regulations as regulated in the Law on the Establishment of Legislation. Apart from that, the contents of Dawuh Dalem also include the philosophical basis, vision, mission and goals, as well as the distribution of job duties within the Government of the Ngayogyakarta Sultanate. This shows that, although the government system in the Kraton adheres to a monarchical system, it has succeeded in reforming the Kraton's regulations by adopting the rules of modern and democratic state legislation. Dawuh Dalem is open to be developed, maintained and renewed. More than that, the regulatory content in Dawuh Dalem Kraton which contains guidelines for behavior, justice, protection, ethical behavior, anti-corruption and other universal values, shows that in fact customary law is relevant and connected and can be a source of national and international law.
Peran Baru dan Kewenangan Khusus Jakarta Pasca Pemindahan Ibu Kota Negara Beni, Rozi
Jurnal Hukum & Pembangunan
Publisher : UI Scholars Hub

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After the relocation of the National Capital to the Nusantara, Jakarta has a new role as the National Economic Center and Global City. This new role also becomes the basis for maintaining Jakarta's special status as the National Capital. Jakarta's new role and special authority are outlined in the Jakarta Special Regional Law (JSR Law). As a special region, Jakarta also has special authority. At the conceptual level, the regulation and management of Jakarta's special authority apply the types of administrative decentralization, political decentralization, and fiscal decentralization. Furthermore, in addition to changing its role as the National Economic Center and Global City, the JSR Law also regulates Jakarta's special authority covering several specific aspects in the fields of government affairs, institutions, personnel and regional finance. Jakarta's special role and authority must be carried out based on the relationship between authorities involving the central government, the JSR provincial government, and local governments in the agglomeration area. In its implementation, the JSR Law is expected to be an effective legal instrument to welcome the new era of Jakarta after the relocation of the National Capital. Not only to meet the legislative target stipulated in the National Capital Law, the law regulating Jakarta as the National Capital must be amended no later than February 24, 2024, so that the regulation of Jakarta's special authority is relatively limited and 'it is what it is' compared to the major role it must play as the National Economic Center and Global City.
Potential Adverse Impacts of Sea Sand Export Policy on Ecologically Sustainable Development in Indonesia Beni, Rozi; Atsari, Sharfina Milla
Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 13 No. 1 (2023): April
Publisher : Prodi Hukum Tata Negara Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/ad.2023.13.1.27-49

Abstract

After a 20-year hiatus in sand exports, Indonesia has reinstated the practice through Republic Indonesia Government Regulation Number 26 of 2023 (GR 26/23). GR 26/23 has stirred controversy due to its perceived conflict with Ecologically Sustainable Development (ESD) and Indonesia's green constitution outlined in Articles 28H and 33 of the 1945 Constitution. In response to this relatively new regulation, this research aims to provide a focused perspective on the legal implications of GR 26/23. Previous studies have predominantly explored ecological consequences, leaving room for legal analysis. Employing normative juridical research methods, this study examines the provisions of GR 26/23 and their legal impacts on the environment. The findings indicate incongruence between the sand export provisions in GR 26/23 and the principles of the Indonesian environmental law regime. Articles 9 and 18 of GR 26/23 suggest inadvertent support for environmental exploitation. Supported by Maritime Law and the Job Creation Law, GR 26/23 exhibits relative permissiveness toward sea sand exploitation. Consequently, GR 26/23's objective in managing sea sedimentation has paradoxical effects on achieving sustainable development, as business and ecological goals are misaligned. Therefore, stemming from the Green Contract Theory, this research advocates for the implementation of environmentally friendly incentive schemes for sand export stakeholders to achieve practical policy outcomes. Thus, policymakers are encouraged to reconsider GR 26/23 provisions through the development of incentive schemes, aligning sea sand export activities with ecologically sustainable development, and promoting harmony between economic activities and environmental preservation.
Co-Authors Atsari, Sharfina Milla