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Darmawansyah Sihombing, Rizky
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OPTIMIZATION OF THE AUTHORITY OF THE NATIONAL HAM COMMISSION IN FULFILLING HUMAN RIGHTS IN INDONESIA Berutu, Riski Pardinata; Darmawansyah Sihombing, Rizky; Sharfina Desiandri, Yati
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.v5i2.21740

Abstract

Problems related to Human Rights still often occur in Indonesia. Based on historical records, gross human rights violations occurred during the New Order government. The many human rights violations that occurred have not been resolved until now. In fact, in terms of authority, Komnas HAM is given the authority to conduct investigations into allegations of gross human rights violations. Not only that, the functions and duties of Komnas HAM can also be concluded as preventive duties and functions so that human rights violations do not occur. However, the authority of these duties and functions has not been optimally implemented by Komnas HAM. This can be seen from the conflict related to allegations of gross human rights violations in the past that have not been resolved. This research is a normative legal research with a statute approach. In the end, it can be seen that the existence of Komnas HAM began in 1993 through Keppers No. 50 of 1993 which has developed and regulated Komnas HAM into Law No. 39 of 1999 concerning human rights. Normatively, Komnas HAM has the function of studying, researching, providing information, monitoring, and mediating human rights. However, this function is considered not to have been implemented optimally considering the many human rights violations that still occur in the community.
THE ROLE OF THE VILLAGE DELIBERATIVE BODY IN SUPERVISING VILLAGE FINANCIAL MANAGEMENT Sihombing, Eka N.A.M; Darmawansyah Sihombing, Rizky
NOMOI Law Review Vol 6, No 2 (2025): November Edition
Publisher : NOMOI Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v6i2.27428

Abstract

The implementation of village governance is not solely the responsibility of the village head; the Village Consultative Body (BPD) plays a crucial role in implementing the village governance system. One of the roles or functions of the BPD is to oversee the performance of the village head, which also includes oversight of village financial management. However, this role, when associated with the high rate of corruption committed by village heads, indicates that the BPD has not been performing its oversight function optimally, resulting in continued misappropriation. This study employed a normative juridical method with a statute approach . The results of the discussion indicate that in terms of village financial management, it is more technically regulated in the provisions of the Minister of Home Affairs Regulation No. 20 of 2018 concerning Village Financial Management. Village financial management is carried out based on the principles of openness, accountability, and participation, and is carried out in an orderly and disciplined budget. In addition, in relation to the Village Consultative Body, the BPD can participate in overseeing village financial management, from planning, implementation to accountability reporting. This is a manifestation of the implementation of the principles of openness and participation which are the foundation for village financial management.