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All Journal Jurnal Ilmiah Hukum LEGALITY Lex Scientia Law Review Khazanah Hukum
Hariyanto Hariyanto
Faculty of Sharia, Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto, Indonesia
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Legal ambiguities surrounding the role of Regional House of Representatives in Indonesia’s regional autonomy framework Hariyanto Hariyanto; Muhammad Mutawalli Mukhlis; Muhammad Saleh Tajuddin; Zulhilmi Bin Paidi; Mabarroh Azizah
Legality : Jurnal Ilmiah Hukum Vol. 33 No. 2 (2025): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v33i2.38409

Abstract

Regional autonomy gives local governments the authority to manage their resources, yet there are persistent ambiguities regarding the roles of the Regional House of Representatives (DPRD), which continue to pose governance challenges. The DPRD is intended to act as a legislature at the regional level; however, Law No. 23 of 2014 classifies it as part of the regional government, resulting in overlapping functions with regional heads. The confusion about its role leads to policy inconsistencies, diminished legislative power, and an imbalance favoring the executive branch, thus impairing the effectiveness of regional governance. This study employs a normative legal research method with an analytical approach, supplemented by empirical insights. By examining legal documents, statutory provisions, and practical governance challenges, the research investigates the DPRD’s function within the regional autonomy framework. It identifies key obstacles such as regulatory inconsistencies, limited institutional capacity, and a lack of legislative initiatives. The findings indicate that constraints in human resources and political dependencies further hinder the DPRD’s effectiveness. To address these issues, the study recommends clarifying the legal framework governing the DPRD, enhancing its institutional capacity, and promoting more balanced relationships between the executive and legislative branches. Implementing these measures is vital for achieving more efficient, accountable, and effective regional governance in Indonesia.
The Legal Effectiveness of Juvenile Diversion: A Study of the Indonesian Juvenile Justice System Daud Rismana; Ali Maskur; Rifi Maria Laila Fitri Permonoputri; Hariyanto Hariyanto; Hajar Salamah Salsabila Hariz
Khazanah Hukum Vol. 7 No. 2 (2025): Khazanah Hukum
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v7i2.44162

Abstract

This study aims to evaluate the legal effectiveness of diversion mechanisms within Indonesia’s juvenile justice system, particularly in relation to the state’s commitment to restorative justice principles. Although a comprehensive legal framework is in place—namely Law No. 11 of 2012 and Supreme Court Regulation (PERMA) No. 4 of 2014 (Peraturan Mahkamah Agung)—the implementation of diversion remains limited, with only 14.1% of juvenile cases resolved through this mechanism. This gap reveals a significant disconnect between legal norms and practical enforcement. The study employs a normative-qualitative legal research method, utilizing document analysis of statutory regulations and institutional reports from the Ministry of Law and Human Rights, the Indonesian Child Protection Commission (KPAI), the Directorate General of Corrections, as well as secondary sources including academic literature, media coverage, and official documentation. Thematic analysis was applied to identify structural, cultural, and institutional barriers in the implementation of diversion. The findings highlight three major issues: (1) regional disparities in the application of diversion, especially between urban centers and disadvantaged (3T) areas; (2) structural obstacles, including a shortage of trained personnel, lack of proper mediation facilities, and weak interagency coordination; and (3) the persistence of a retributive and legalistic legal culture among both law enforcement officials and the general public, which impedes the acceptance of restorative approaches. This study makes a significant contribution to the discourse on juvenile justice reform by emphasizing the need for systemic support and cross-sectoral collaboration to ensure the effective realization of diversion. Policy implications include the strengthening of training programs, infrastructure development, and public legal education. The originality of this research lies in its integrative evaluative framework, which combines legal, institutional, and socio-cultural analysis, offering a comprehensive assessment of the effectiveness of diversion in Indonesia.
Decentralization and the Fulfilments of Children's Rights: Challenges and Opportunities for Local Government in Indonesia Hariyanto Hariyanto; Ahmad Rezy Meidina; Mabarroh Azizah
Lex Scientia Law Review Vol. 8 No. 2 (2024): Advancing Justice, Rights, and Governance in a Digital and Decentralized World
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lslr.v8i2.14373

Abstract

The commitment of local governments to protect children in areas such as education, violence, and discrimination is illustrated by Banyumas Regency's Local Regulation Number 1 of 2021, which addresses child protection. However, several challenges persist in its implementation. This study investigates the role of decentralization through local regulations related to child protection, employing normative legal research methods that include a regulatory approach, conceptual analysis, and case studies. The findings indicate that Banyumas Local Regulation No. 1 of 2021 establishes a strong legal framework that significantly protects children from discrimination, violence, and educational inequities. Nevertheless, implementation faces numerous obstacles, including inadequate inter-agency coordination, insufficient infrastructure, limited funding, and a lack of public awareness regarding the importance of protecting children's rights. This research proposes increasing funding allocations through the Regional Budget and recommends creating a collaborative forum that includes local governments, relevant agencies, schools, community organizations, and law enforcement to enhance policy coordination and action. Furthermore, the government is urged to improve community outreach regarding decentralized regulations that protect children. Ultimately, it is crucial to evaluate and refine existing policies to ensure the protection of minors' rights and to provide legal security and certainty.
Operationalising the Ultimum Remedium Principle in Indonesian Mining Law: Administrative Sanctions, Mining Work Plan and Budget Compliance, and Criminal Enforcement Thresholds Oheo Kaimuddin Haris; Herman Herman; Hariyanto Hariyanto; Fareed Mohd Hassan; Wahyu Aliasa
Khazanah Hukum Vol. 8 No. 2 (2026): Khazanah Hukum
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v8i2.54320

Abstract

This study examines how the Ultimum Remedium principle is operationalised in Indonesian mining law enforcement, particularly with respect to administrative sanctions, compliance with the mining Work Plan and Budget (Rencana Kerja dan Anggaran Biaya, RKAB), environmental restoration, and criminal enforcement thresholds. Although the principle is widely recognised as requiring the use of criminal law as a last resort, its practical application in the mining sector remains unclear. This study adopts a socio-legal research design combining semi-structured interviews, questionnaire data, regulatory review, and comparative legal analysis. The empirical data consist of interviews with 24 informants and questionnaire responses from 68 respondents representing government officials, mining company representatives, civil society organisations, and affected communities. The comparative analysis examines selected materials on mining and environmental enforcement from Australia, Canada, Chile, and Indonesia. The findings show that stakeholders generally accept the Ultimum Remedium principle, but they attach different operational meanings to it. Government officials frame it as a proportional enforcement procedure, mining companies associate it with legal certainty, civil society organisations emphasise accountability, and affected communities evaluate it through environmental restoration outcomes. The PT GMS case further illustrates weak sequencing between RKAB-related non-compliance, administrative correction, restoration obligations, and possible criminal escalation. Comparative legal findings indicate that Australia, Canada, and Chile situate punitive enforcement within broader systems of compliance supervision, administrative correction, restoration, and documented escalation mechanisms. The study implies that Indonesian mining enforcement requires a staged but flexible model that distinguishes correctable administrative non-compliance from serious, repeated, fraudulent, corrupt, obstructive, or environmentally harmful conduct. The originality of this study lies in its integration of stakeholder perceptions, RKAB compliance, an illustrative mining case, and comparative enforcement models to operationalise Ultimum Remedium as an institutional sequencing framework rather than merely a criminal law doctrine.
Co-Authors Ahmad Rezy Meidina Ali Maskur Daud Rismana Fareed Mohd Hassan Hajar Salamah Salsabila Hariz Herman Herman Mabarroh Azizah Mabarroh Azizah Muhammad Mutawalli Mukhlis Muhammad Saleh Tajuddin Oheo Kaimuddin Haris Rifi Maria Laila Fitri Permonoputri Wahyu Aliasa Zulhilmi Bin Paidi