Hariyanto Hariyanto
Faculty of Sharia, Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto, Indonesia

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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.