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Politik Hukum dalam Penyelenggaraan Kekuasaan Eksekutif di Indonesia Amos Harita; Ismaidar Ismaidar; Tamaulina Br Sembiring
Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 3 No. 1 (2025): Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : STAI YPIQ BAUBAU, SULAWESI TENGGARA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59059/mandub.v3i1.2111

Abstract

Legal politics in the implementation of executive power in Indonesia, which is an integral part of the government system based on the constitution. Legal politics not only determines the direction and content of government policy, but also reflects the power relations between the executive, legislative and judicial institutions. This research aims to analyze how legal politics influences decision making at the executive level, with a focus on the role of the president in the presidential system, regulatory challenges, and political dynamics that influence the implementation of law in Indonesia. A qualitative approach with descriptive-analytical methods was used in this research, through literature review, analysis of legal documents, and evaluation of executive policies. The research results show that legal politics in Indonesia is characterized by challenges such as regulatory disharmony, the dominance of executive power in the presidential system, and political intervention in the legislative process. This situation has the potential to weaken the principles of rule of law and democracy. However, legal politics also functions as a transformation tool to strengthen fair, accountable and transparent governance. Legal political reform through harmonization of regulations, strengthening supervisory mechanisms, and empowering the community in the legislative process is very necessary to create a democratic and just legal system. This paper recommends the need to strengthen checks and balances between state institutions, consistent legal policies that are in line with the constitution, as well as legal education for the public so they can participate actively in the political process.
Characteristics of Law and Legal Research Methods Ansori Maulana; Yasmirah Mandasari Saragih; Tamaulina Br Sembiring; Amos Harita; Andi Gultom
Green Social: International Journal of Law and Civil Affairs Vol. 2 No. 1 (2025): International Journal of Law and Civil Affairs
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70062/greensocial.v2i1.76

Abstract

Law has a regulatory and coercive nature, which means that everyone must obey the existing orders and prohibitions to maintain order and justice in society. The main purpose of law is to create order and justice. The legal research method is a way used to study legal rules and their application. This research is usually conducted with a scientific approach, namely looking for relevant data to answer existing problems. One method used is qualitative research, where researchers examine existing legal literature or sources to understand legal concepts more deeply. In legal research, there are two main approaches: first, studying the legal texts themselves normative studies, and second, seeing how the law is applied in society empirical approaches. These two approaches help us understand the law from a theoretical and practical perspective.
THE AUTHORITY AND ROLE OF THE REGIONAL HOUSE OF REPRESENTATIVES IN REALIZING CLEAN GOVERNMENT OFFICIALS IN THE ERA OF REGIONAL AUTONOMY Amos Harita; Tamaulina Br. Sembiring; Ali Yusran Gea
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 6 No. 2 (2026): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.18729260

Abstract

The Constitution of the Republic of Indonesia Year 1945 regulates the House of Representatives (DPR) and regional autonomous government. Articles 18 to 18B of the 1945 Constitution discuss the division of regions and the regional government system, and Articles 19 and 20 of the 1945 Constitution regulate the DPR. In Indonesia, the House of Representatives is a state institution representing the people tasked with carrying out legislative, budgeting, and oversight functions over the performance of the government. In relation to local governments, the Regional House of Representatives (DPRD) and the local government are equal partners in administering regional governance, where the DPRD has the primary functions of legislation (enacting regional regulations), budgeting (preparing and approving the regional budget), and supervision (overseeing the implementation of regional regulations and local government policies), while the local government (led by the Head of the Region) has the function of executing regional regulations and local policies. They work together synergistically, with open communication, to ensure that development policies and programs meet the needs of the community and are implemented effectively and accountably. With the problem formulation being what are the inhibiting factors faced by the Regional House of Representatives (DPRD) in realizing a clean government apparatus in the era of regional autonomy. The purpose of this research is to identify the inhibiting factors faced by the DPRD in realizing a clean government apparatus in the era of regional autonomy. The benefits of the research include academic benefits, theoretical benefits, and practical benefits. The research methods consist of: type of research, nature of research, approach method, data sources (primary legal materials and secondary legal materials), data collection techniques, and data analysis methods. That based on the research results, the Regional House of Representatives (DPRD) is not performing its duties optimally due to limitations in human resource quality, lack of knowledge about regulations, procedures, and policies, as well as insufficient DPRD studies and a lack of intention to realize a clean government.