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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum
Ansar
Faculty of Law, University of Tadulako
Law, Crime, Criminology & Criminal Justice

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Indivisibility Principle of Regional Financial Management In Indonesia Ansar; Asri Lasatu; Rahmat Bakri; Muhammad Hatta Roma Tampubolon; Siti Fatimah Maddusila
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i1.5918

Abstract

Regional budgets (APBD) have an important role in fulfilling human rights (HAM), but the integration of human rights principles in regional financial management still faces challenges. Separate budget management is contrary to efforts to fulfill human rights comprehensively. This study focuses on aspects of budget policy towards the fulfillment of human rights, especially how the principle of indivisibility as a state obligation is realized in policies and implementation of regional financial policies. This study is a normative legal study with a conceptual and legislative approach. The results of the study indicate that optimal and participatory regional financial planning ensures the fulfillment of basic rights in a comprehensive and interrelated manner, such as the right to health which includes health services, a healthy environment, and social security. The APBN and APBD reflect the sovereignty of the state and the aspirations of the people, with the main goal of achieving community welfare. Budget management must prioritize human rights principles, ensure equality, and integrate economic, social, and cultural rights into policies. Regional governments need to set budget priorities that support the fulfillment of relevant human rights, with the aim of realizing sustainable and equitable development
Implementation of Meaningful Participation in Every Stage of Local Regulation Formation Muja’hidah; Adiesty S.P. Syamsuddin; Asriyani; Ansar; Asia Hukama Sari
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i1.7315

Abstract

Public participation in forming legislation is necessary in the framework of people’s sovereignty. The existence of a mechanism for channelling public aspirations and views on the draft of a regulation is guaranteed by the Constitution as part of the implementation of the right to be heard, the right to be considered, and the right to be explained. This article aims to define public involvement in each stage of local regulation formation concerning the principle of people’s sovereignty and investigate the mechanisms that enable meaningful public participation at each stage of law and regulation formation. This article employs a normative juridical research method using statutory and conceptual approaches. This article shows that not all stages of local regulation formation can incorporate public participation. This article concluded that among the six stages of local regulation formation, only three stages can be implemented using community participation through citizens’ rights to be heard, the right to be considered, and the right to be explained. The three stages are planning, drafting, and discussion. Currently, there are several ways of public participation regulated in laws and regulations for the law-making process: FGD and public hearings. However, in the spirit of popular sovereignty, there are also ways of channelling opinions through petitions and demonstrations.
Co-Authors Adiesty S.P. Syamsuddin Asia Hukama Sari Asri Lasatu Asriyani M. Hatta Roma Tampubolon Muja’hidah Rahmat Bakri Siti Fatimah Maddusila