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All Journal Jurnal Penelitian Hukum De Jure NOMOI Law Review Sibatik Journal : Jurnal Ilmiah Bidang Sosial, Ekonomi, Budaya, Teknologi, Dan Pendidikan
NAM Sihombing, Eka
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Arts Computer Science & IT Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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DISCOURSE ON PROFIT SHARING FUND POLICY BETWEEN CENTRAL GOVERNMENT AND REGIONAL GOVERNMENT IN OIL AND GAS MINING SECTOR IN INDONESIA Lubis, Khairil Afandi; Akbar Nasution, Faisal; Afnila, Afnila; NAM Sihombing, Eka
NOMOI Law Review Vol 5, No 2 (2024): November Edition
Publisher : NOMOI Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v5i2.21529

Abstract

Revenue Sharing Fund (DBH) in the oil and gas sector is one of the important instruments in regulating the distribution of revenue between the central government and producing regions in Indonesia. This DBH policy is designed to ensure fair revenue sharing between the center and regions. However, its implementation often encounters various problems, such as delays in distribution, unfairness in distribution, and the impact of fluctuations in world oil and gas prices. The type of research used is normative legal research with a prescriptive juridical approach to understand the discourse on oil and gas DBH policies in Indonesia. The results of the study show that there is a discourse on the Revenue Sharing Fund policy in the oil and gas sector in Indonesia showing that this policy still faces a number of serious challenges, such as delays in distribution, unfairness in distribution, lack of transparency, and the impact of fluctuations in global oil and gas prices. To improve this policy, reforms are needed in the distribution mechanism, revision of the distribution formula, increased transparency, and economic diversification in producing regions
PROBLEMATICS OF LIMITING THE QUANTITY OF VILLAGE HEAD CANDIDATES BASED ON THE PROVISIONS OF ARTICLE 23 PARAGRAPH 1 OF THE REGULATION OF THE MINISTER OF HOME AFFAIRS NUMBER 112 OF 2014 CONCERNING VILLAGE HEAD ELECTIONS Sihombing, Rizky Darmawansyah; Nasution, Mirza; NAM Sihombing, Eka
NOMOI Law Review Vol 6, No 1 (2025): May Edition
Publisher : NOMOI Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v6i1.24774

Abstract

Village Head Election in Indonesia still has several problems. Not only at the application level, but also from the regulation still has problems. The limitation of the quantity of Village Head candidates will not be found in Law No. 6 of 2014 concerning Villages, but the regulation related to this limitation can be found in its derivative regulations, namely Government Regulation Number 43 of 2014 concerning Implementing Regulations of Law Number 6 of 2014 concerning Villages and Regulation of the Minister of Home Affairs Number 112 of 2014 concerning Village Head Elections. So that with the limitation regulations regulated in the derivative regulations of Law No. 6 of 2014, there is a potential for a conflict of norms between the Law and the PP. thus causing legal uncertainty regarding the number of village head candidates. This study uses a normative legal research method with a statutory regulatory approach. The results of this study indicate that in the provisions of Law No. 6 of 2014 concerning Village Heads, especially in the section on the requirements for Village Head candidates, there are no regulations related to the limitation of the quantity of Village Head candidates. So this regulation opens up opportunities for village communities who are declared to meet the requirements to be able to participate in the village head election. The regulation relating to the limitation of the number of village head candidates as regulated in the derivative regulation of Law No. 6 of 2014 concerning villages can be categorized as contradictory and inconsistent with the principle of lex superior derogate legi inferiori because Law No. 6 of 2014 as its main regulation does not provide a limit on the maximum number of village head candidates .
FORMATION OF REGIONAL ENDOWMENT FUNDS ACCORDING TO LAW NUMBER 1 OF 2022 CONCERNING FINANCIAL RELATIONS BETWEEN THE CENTRAL GOVERNMENT AND REGIONAL GOVERNMENTS Ridho, Muhammad; NAM Sihombing, Eka; Afnila, Afnila
SIBATIK JOURNAL: Jurnal Ilmiah Bidang Sosial, Ekonomi, Budaya, Teknologi, Dan Pendidikan Vol. 4 No. 7 (2025)
Publisher : Penerbit Lafadz Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/sibatik.v4i7.2939

Abstract

The government continues to refine and strengthen the policy of governance of financial relations between the central and regional governments in order to achieve national goals by enacting Law Number 1 of 2022 concerning Financial Relations between the Central and Regional Governments, which regulates regional endowment funds. This regulation provides space for the formation of Regional Endowment Funds but also provides limitations with certain criteria. Law Number 1 of 2022 stipulates that the formation must consider, among other things, regional fiscal capacity and the fulfillment of mandatory Government Affairs needs related to basic public services. The objectives of this research areTo determine the urgency of establishing a Regional Endowment Fund.The results of the study show: First, the factors that encourage the formation of DAD, namely 1) The formation of DAD becomes a strategy to ensure the sustainability of long-term and cross-generational regional finances; 2) Optimization of regional spending in regions with established fiscal policies; 3) Encouraging regional investment activities in an effort to increase regional income. Second, the governance scheme in the formation of DAD is the establishment, management, use, and supervision. All of these stages must receive support from all parties, especially regional leaders.
MEANINGFUL PARTICIPATION IN THE PROCESS OF FORMATION LOCAL REGULATION Natama Hasibuan, Solihin; NAM Sihombing, Eka; Afnila, Afnila
SIBATIK JOURNAL: Jurnal Ilmiah Bidang Sosial, Ekonomi, Budaya, Teknologi, Dan Pendidikan Vol. 4 No. 7 (2025)
Publisher : Penerbit Lafadz Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/sibatik.v4i7.2940

Abstract

This study is based on the principle of meaningful community participation in the process of forming regional regulations, in realizing constitutional rights to obtain equal opportunities at each stage of the process of forming regional regulations. The mandate of the Constitutional Court (MK) Decision Number 91/PUU-XVIII/2020 emphasizes that community participation must be interpreted as the right to be heard, the right to be considered and the right to receive an explanation or answer to the opinion given (right to be explained). This authority is still found to be limited by the community in obtaining information about whether their opinions are rejected or accepted. In fact, this authority is an interpretation of the sovereignty of the people which must be manifested at every level of regional law formation. It shows the need for affirmation of comprehensive and representative meaningful community participation through regional regulations themselves. Collectively, meaningful community participation in the process of forming regions is only understood normatively, which results in the interpretation of meaningful community participation in the process of forming regional regulations only as a formal requirement. The formulation of the problem in this study is (1) How is the regulation of meaningful community participation in the process of forming regional regulations?, (2) What is the mechanism of meaningful community participation in the process of forming regional regulations?, (3) How is the implementation of meaningful community participation in the process of forming regional regulations?. This study uses a normative legal method with a conceptual approach, statue approach and case approach. This paper concludes that the implementation of meaningful community participation in the process of forming regional regulations has not been systematically arranged by the Regional People's Representative Council (DPRD) over the authority of meaningful communities in the process of forming regional regulations. In Langkat Regency, the implementation of meaningful community participation is only at the recess and public consultation stages or public hearings (RDPU). This paper recommends that the DPRD form a regional regulation in absorbing meaningful community participation. By emphasizing the definition of regional community involvement in a more meaningful direction, and reorganizing the systematics of representative regional institutions in accommodating meaningful community participation in the stages of the process of forming regional regulations.
Analisis Perbandingan Penerapan Konsep Checks and Balances dalam Proses Legislasi di Amerika Serikat, Rusia, dan Indonesia Dirkareshza, Rianda; NAM Sihombing, Eka; Fauzan, Muhammad
Jurnal Penelitian Hukum De Jure Vol 25, No 1 (2025): March Edition
Publisher : Law and Human Rights Policy Strategy Agency, Ministry of Law and Human Rights of The Repub

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/dejure.2025.V25.67-80

Abstract

In the framework of Indonesia’s constitutional governance, the principle of checks and balances among constitutional institutions is an essential component of the legal system. Indonesia adopts a bicameral legislative system involving the House of Representatives (Dewan Perwakilan Rakyat; DPR) and the Regional Representative Council (Dewan Perwakilan Daerah; DPD). However, DPD possesses limited legislative authority, particularly in drafting laws. Additionally, judicial oversight is conducted by the Supreme Court (Mahkamah Agung/MA). This issue gives rise to research questions pertaining to  raised in this study are about the oversight concept in the lawmaking process from the perspective of comparative constitutionalism and the reconstruction of the oversight concept to realize enhance checks and balances. This study employs a mixed -method approach, incorporating normative-juridical, comparative, and conceptual methodologies  and legislative analysis. The findings indicate that Indonesia implements a soft bicameral concept characterized by an asymmetry of authority with in between the two both chambers in the lawmaking process, with the Constitutional Court acting as the primary a judicial oversight mechanism. In contrast, the United States and Russia maintain robust internal oversight within their legislative institutions, complemented judicial authority to oversee law implementation, thereby reinforcing  checks and balances between the legislative and judicial branches. It is recommended that the oversight framework within Indonesia’s legislative process be strengthened by reconstructing oversight mechanisms through the expansion of the DPD’s role, particularly in reviewing, approving, or vetoing draft legislation. This expansion is advised to enhance internal legislative oversight and create a more balanced system of checks and balances between legislative bodies. Furthermore, the reconstruction of oversight concepts in the lawmaking process should be pursued by granting the DPD greater authority to accept or veto draft laws, thereby reinforcing internal oversight within the legislative process
Co-Authors Afnila Aji Lukman Ibrahim Akbar Nasution, Faisal Lubis, Khairil Afandi Muhammad fauzan Muhammad Ridho Nasution, Mirza Natama Hasibuan, Solihin Sihombing, Rizky Darmawansyah