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All Journal PERAHU (PENERANGAN HUKUM) : JURNAL ILMU HUKUM Golden Ratio of Law and Social Policy Review (GRLSPR) Jurnal Riset Ilmiah Corpus Juris : Jurnal Ilmu Hukum
Rotua Valentina Sagala
Universitas Jayabaya
Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Other

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KEWENANGAN LEGISLASI DEWAN PERWAKILAN DAERAH TERKAIT RANCANGAN UNDANG-UNDANG DAERAH KEPULAUAN Abubakar Watihelu; Hedwig Adianto Mau; Rotua Valentina Sagala
CORPUS JURIS : JURNAL ILMU HUKUM Vol. 2 No. 1 (2026): CORPUS JURIS : Jurnal Ilmu Hukum, April 2026
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/corpusjuris.v2i1.2425

Abstract

This research is motivated by the limited legislative authority of the Regional Representative Council (DPD) in the formulation of the Archipelagic Regions Bill, which is constitutionally participatory rather than decisional in nature. Although the DPD possesses representative legitimacy as a regional chamber and is authorized to propose and deliberate bills related to regional matters, final legislative approval remains vested in the House of Representatives and the President. This condition creates a gap between regional representation and the effectiveness of the DPD in advocating for the interests of archipelagic regions. This study employs the theory of authority and the theory of distributive justice as its theoretical framework. This research adopts a normative legal research method using statutory, conceptual, and analytical approaches. The statutory approach examines constitutional provisions and legislation governing the legislative authority of the DPD. The conceptual approach explores doctrines of authority and the theory of distributive justice, particularly in assessing the allocation of legal benefits and burdens affecting archipelagic regions, while the analytical approach evaluates the consistency between existing legal norms and the practical exercise of the DPD’s legislative authority in the formulation of the Archipelagic Regions Bill. The findings indicate that the legislative authority of the DPD in the formulation of the Archipelagic Regions Bill is normative, procedural, and symbolic, lacking binding decisional power. These limitations have resulted in an uneven realization of distributive justice for archipelagic regions within the national legal framework. This study concludes that an ideal construction of the DPD’s legislative authority requires strengthening its role during deliberative stages, restructuring more effective coordination mechanisms with the House of Representatives, and optimizing its oversight function to ensure that the enactment and implementation of the Archipelagic Regions Law effectively realize distributive justice for archipelagic regions
Optimizing Local Own-Source Revenue through PBB-P2: A Tax Justice and Good Governance Analysis within the Framework of Regional Autonomy and Fiscal Decentralization Ratu Eha Salhah; Rotua Valentina Sagala
Golden Ratio of Law and Social Policy Review Vol. 6 No. 1 (2026): July - December
Publisher : Manunggal Halim Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52970/grlspr.v6i1.2422

Abstract

This article examines two questions: first, what constitutional and statutory basis authorizes local governments to optimize the Rural and Urban Land and Building Tax (PBB-P2) as an instrument of Locally Generated Revenue; second, how the 2025 wave of PBB-P2 rate increases across several Indonesian regions should be evaluated through the lenses of tax justice and good governance. Using a normative legal method that combines statutory, conceptual, and case-based approaches, the study draws on fiscal decentralization theory and tax justice theory. The findings show that PBB-P2 optimization rests on a sound constitutional and statutory basis. However, the public controversies in Pati, Jombang, Semarang Regency, Bone, Parepare, and Cirebon City were driven less by an absence of legal authority than by two deficits: a tax justice deficit, in which sharp tax increases were not matched by protections for taxpayers with limited ability to pay, and a governance deficit, marked by weak transparency in property valuation and limited public participation before policy changes took effect. By contrast, DKI Jakarta shows that revenue optimization and social protection can proceed together through instruments such as the non-taxable property value threshold (NJOPTKP), a tiered assessment ratio, and an annual increase cap. The study recommends periodic and transparent property valuation updates, fuller use of the fairness instruments already available under Indonesia's Regional Tax and Levy Law (Law No. 1/2022 on Fiscal Relations between the Central and Regional Governments), mandatory public consultation before major tax policy changes, and standardized procedures for objections and refunds.
PENYELENGGARAAN URUSAN PEMERINTAHAN KONKUREN BIDANG PERINDUSTRIAN DALAM KERANGKA OTONOMI DAERAH PASCA  BERLAKUNYA UNDANG-UNDANG NOMOR 23 TAHUN 2014 TENTANG PEMERINTAHAN DAERAH Wido Eko Wardiono; Mardi Candra; Rotua Valentina Sagala
SINERGI : Jurnal Riset Ilmiah Vol. 3 No. 9 (2026): SINERGI : Jurnal Riset Ilmiah, September 2026
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/sinergi.v3i9.2969

Abstract

This study examines the redistribution of authority over concurrent government affairs in the industrial sector between the central government, provincial governments, and district/municipal governments following the enactment of Law Number 23 of 2014 on Regional Government. The division of responsibilities introduced by this law differs substantially from the provisions of Law Number 32 of 2004 on Regional Government and the mandates of the sectoral law, Law Number 3 of 2014 on Industry. These changes have significant implications for the administration of industrial affairs, both at the national level through the Ministry of Industry and at the regional level through local industrial agencies. The research aims to analyze the implementation of concurrent government affairs in the industrial sector within the framework of regional autonomy and to assess the legal effectiveness of such administration in achieving the objectives of national industrial development. The analysis draws upon the Theory of Regional Autonomy and the Theory of Legal Effectiveness. Employing normative legal research, this study adopts statute, historical, conceptual, and analytical approaches. Primary, secondary, and tertiary legal materials are examined to interpret the legal issues and to derive conclusions relevant to the research questions. The findings reveal that the implementation of concurrent government affairs in the industrial sector under Law Number 23 of 2014 presents distinct legal challenges, particularly due to discrepancies between the sub-affairs delegated to regional governments under this law and those stipulated in Law Number 3 of 2014 on Industry. Moreover, the legal effectiveness of administering concurrent industrial affairs within the framework of regional autonomy remains limited. Contributing factors include inadequate infrastructure and facilities, insufficient law enforcement, and weaknesses within the legal framework itself, all of which hinder the realization of national industrial development goals.
PENERAPAN ASAS KEJELASAN RUMUSAN TERHADAP PEMBENTUKAN PERATURAN PERUNDANG-UNDANGAN DALAM UNDANG-UNDANG NOMOR 1 TAHUN 2023 TENTANG KITAB UNDANG-UNDANG HUKUM PIDANA Faris Rachmayanti; Rotua Valentina Sagala
PERAHU (PENERANGAN HUKUM) : JURNAL ILMU HUKUM Vol 14 No 2 (2026): PERAHU (PENERANGAN HUKUM) : Jurnal Ilmu Hukum
Publisher : Universitas Kapuas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51826/perahu.v14i2.1973

Abstract

This study examines the implementation of legislative drafting principles in Law Number 1 of 2023 concerning the Criminal Code and the juridical implications arising from inconsistencies in applying those principles. The research employs a normative juridical method using statutory and conceptual approaches through literature study of primary, secondary, and tertiary legal materials. The findings indicate that the formation of the new Criminal Code has not fully reflected proper legislative drafting principles, particularly transparency, clarity of formulation, usefulness and effectiveness, and enforceability. Several provisions, including Articles 218 and 219 concerning insults against the President and Vice President and Article 597 regarding living law, are considered ambiguous and potentially threaten legal certainty and freedom of expression. In addition, the legislative process was viewed as lacking meaningful public participation. These inconsistencies result in juridical implications such as reduced legal legitimacy, potential judicial review, regulatory disharmony, and risks to human rights protection.
Co-Authors Abubakar Watihelu Candra, Mardi Faris Rachmayanti Hedwig A. Mau Ratu Eha Salhah Wido Eko Wardiono