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Optimalisasi Dana Pemerintah Kepada Lembaga Bantuan Hukum Untuk Mendukung Keadilan Bagi Masyarakat Miskin di Daerah Jawa Timur Amelia, Shelomita Putri; Fransisca R. N, Tabitha; Cantiqa, Shevanna Putri; Alzahrah, Aurelya Putri; Wicaksana, Mikie Aditya; Yuli, Yuliana
AL-MIKRAJ Jurnal Studi Islam dan Humaniora (E-ISSN 2745-4584) Vol 4 No 02 (2024): Al-Mikraj, Jurnal Studi Islam dan Humaniora
Publisher : Pascasarjana Institut Agama Islam Sunan Giri Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almikraj.v4i02.5205

Abstract

Legal aid is an effort to help people who are not well-off in the legal field. Indonesian people, especially the underprivileged, consider legal aid as a form of legal protection. The formulation of the problem in this journal is how the role of legal aid institutions in increasing the availability and accessibility of legal aid for the poor in East Java, how to optimize government funds for legal aid institutions in order to create justice for the poor in East Java. The research method used is the normative juridical method with a statutory approach and a case approach. This research focuses more on analyzing the laws and regulations relating to the legal issues being addressed. The results found are that local governments can play an active role in supporting the legal aid budget for the poor, in accordance with the Legal Aid Law Article 19 Paragraph (1) and Paragraph (2). Strategic action is needed to improve the efficiency of legal aid to the poor and improve their access to justice. The provision of legal aid to the poor should be a top priority, by addressing issues that impede provision through planned actions. Efforts to improve access to justice for the poor in East Java should be directed at optimizing government funding for legal aid institutions. By doing so, it is expected to create an environment
Analisis Penalaran Hukum Terhadap Pembatalan Keputusan Gubernur DKI Jakarta Nomor 1517 Tahun 2021 Berdasarkan Premis Mayor dan Premis Minor (Studi Putusan 11/G/2022/PTUN JKT) Anisah, Aura; Nirwana, Rena Putri; Sheila, Eirene Eva Marta; Amelia, Shelomita Putri; Harwanti, Apriliana Dwi; Rosadi, Adisty Aulia; Gumay, Davina Kheisya Alliyah
Media Hukum Indonesia (MHI) Vol 3, No 3 (2025): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

This article examines the form of legal reasoning in the case of annulment of DKI Jakarta Governor Decree Number 1517 of 2021 concerning the determination of the 2022 Provincial Minimum Wage (UMP) which was decided through the Jakarta State Administrative Court (PTUN) Decision Number 11/G/2022/PTUN JKT. The research was conducted using a literature study method and a case study approach to the decision. The legal reasoning in this study is built through major premises in the form of legal provisions governing wages in the Job Creation Law and its derivative regulations, and minor premises in the form of legal facts related to the determination of the DKI Jakarta UMP in 2022 as well as legal considerations from the panel of judges of the Jakarta Administrative Court. Based on the results of the analysis, it is known that the policy of the Governor of DKI Jakarta in raising the UMP exceeds the applicable provisions and is contrary to the principle of legality in the Indonesian legal system. Therefore, the Jakarta Administrative Court's decision to cancel the decision is considered to be in accordance with the principles of state administrative law and the provisions of the applicable laws and regulations.
Analisis Putusan Mahkamah Konstitusi Nomor 2/PUU-XX/2022 Tentang Syarat Tidak Pernah Melakukan Perbuatan Tercela Untuk Pencalonan Kepala Daerah Sebagai Putusan Landmark Ramadhan, Niko Rafael; Amelia, Shelomita Putri; Aliyah, Elirica; Bauw, Irwan; Putri, Khairunnisa Wiladi
Media Hukum Indonesia (MHI) Vol 3, No 3 (2025): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

Constitutional Court Decision Number 2/PUU-XX/2022 states that the requirement of “never having committed a disgraceful act” for regional head candidacy is contrary to the 1945 Constitution of the Republic of Indonesia (UUD 1945). This research uses a normative juridical method with a statutory approach, and a case approach. The data source in this research is secondary data, including primary legal sources and secondary legal sources. The technique of collecting legal materials is done through literature study. The Constitutional Court's main consideration is that the requirement contradicts the 1945 Constitution, especially the principle of legal equality (Article 27 Paragraph 1), the right to be elected (Articles 28D Paragraph 3 and 28I Paragraph 2), and ignores the rehabilitation mechanism of former prisoners. This multi-interpretive requirement is considered discriminatory because it limits political rights based on the past without considering changes in behavior and the legal process that has been undertaken. As a landmark decision, the Constitutional Court introduced a conditionally unconstitutional approach: ex-convicts are allowed to run for office as long as they have completed their sentence, admit their past honestly to the public, and show remorse. This decision not only invalidates the vague norms in the Pilkada Law, but also forces KPU/Bawaslu to revise administrative practices, guarantees equal political rights without discrimination, and triggers academic discourse on the protection of constitutional rights. Constitutional Court Decision No. 2 / PUU-XX / 2022 confirms that the political rights of ex-convicts are restorative after rehabilitation, restrictions on constitutional rights are only valid through court decisions, without subjective moral discrimination
Optimalisasi Dana Pemerintah Kepada Lembaga Bantuan Hukum Untuk Mendukung Keadilan Bagi Masyarakat Miskin di Daerah Jawa Timur Amelia, Shelomita Putri; Fransisca R. N, Tabitha; Cantiqa, Shevanna Putri; Alzahrah, Aurelya Putri; Wicaksana, Mikie Aditya; Yuli, Yuliana
AL-MIKRAJ Jurnal Studi Islam dan Humaniora Vol. 4 No. 02 (2024): Al-Mikraj, Jurnal Studi Islam dan Humaniora
Publisher : Pascasarjana Institut Agama Islam Sunan Giri Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almikraj.v4i02.5205

Abstract

Legal aid is an effort to help people who are not well-off in the legal field. Indonesian people, especially the underprivileged, consider legal aid as a form of legal protection. The formulation of the problem in this journal is how the role of legal aid institutions in increasing the availability and accessibility of legal aid for the poor in East Java, how to optimize government funds for legal aid institutions in order to create justice for the poor in East Java. The research method used is the normative juridical method with a statutory approach and a case approach. This research focuses more on analyzing the laws and regulations relating to the legal issues being addressed. The results found are that local governments can play an active role in supporting the legal aid budget for the poor, in accordance with the Legal Aid Law Article 19 Paragraph (1) and Paragraph (2). Strategic action is needed to improve the efficiency of legal aid to the poor and improve their access to justice. The provision of legal aid to the poor should be a top priority, by addressing issues that impede provision through planned actions. Efforts to improve access to justice for the poor in East Java should be directed at optimizing government funding for legal aid institutions. By doing so, it is expected to create an environment