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THE ROLE OF BKPSDM IN HANDLING CASES OF ASN DISCIPLINE VIOLATIONS (CASE STUDY OF PRINCIPAL'S ABSENCE AT STATE ELEMENTARY SCHOOL 01 KOTAWARINGIN TIMUR CENTRAL KALIMANTAN) Rizka Amanda, Rizka; Fadhila, Amanda Fathona; Aprilia, Zahra Utami; Haptoro, Dyanzah Aji; Hafizah, Desi
Ilmu Hukum Prima (IHP) Vol. 8 No. 1 (2025): JURNAL ILMU HUKUM PRIMA
Publisher : jurnal.unprimdn.ac.id

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Abstract

The Human Resources Development and Civil Service Agency (BKPSDM) strategically handles disciplinary violations of State Civil Apparatus (ASN) by Government Regulation 94 of 2021 concerning Civil Servant Discipline. This study aims to analyze the role of BKPSDM in handling cases of ASN disciplinary violations, focusing on a case study of the absence of a school principal in the East Kotawaringin Regency. The research method used is qualitative, with data collection techniques through interviews, document studies, and observations. The study results show that BKPSDM plays a role in receiving reports of violations, conducting initial investigations, providing recommendations for sanctions, and providing guidance to ASNs who violate discipline. In addition, there are obstacles in the handling process, such as limited evidence and coordination between agencies. This study concludes that the role of BKPSDM is significant in enforcing ASN discipline, but it is necessary to improve the supervision mechanism and synergy between stakeholders to prevent similar violations in the future.
ANALYSIS OF BUSINESS LICENSING IN THE DEVELOPMENT OF EIGER CAMP IN WEST BANDUNG REGENCY Siagian, Afny Azzahra; Fauzi, Rizka Amanda; Haptoro, Dyanzah Aji; Wulandari, Wulandari; Satmaidi, Edra
Ilmu Hukum Prima (IHP) Vol. 8 No. 1 (2025): JURNAL ILMU HUKUM PRIMA
Publisher : jurnal.unprimdn.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34012/jihp.v8i1.7097

Abstract

This study examines the spatial utilization compliance of the Eiger Camp Project located in Parongpong District, West Bandung Regency, which is situated within a water infiltration conservation zone as designated in the Regional Spatial Plan (RTRW). Although the developer claims to possess several permits, including the Environmental Impact Assessment (AMDAL), Building Approval (PBG), and site plan, the project was temporarily halted by local authorities due to the absence of a valid Spatial Utilization Activity Compliance (KKPR) document. Development in such conservation areas, which serve as water catchment and disaster-prone zones, raises both ecological and legal concerns. Using a normative-juridical approach, this research analyzes the relationship between the legality of permits and the substantive compliance with spatial zoning regulations as mandated by Indonesian law. The findings reveal that formal licensing, without alignment with RTRW zoning requirements, may result in legal violations and ecological degradation. Local governments play a vital role in monitoring and enforcing spatial planning policies; Thus, development in ecologically strategic areas must adhere to both legal and environmental considerations in a balanced manner.
LEGAL REVIEW OF THE NEUTRALITY OF STATE CIVIL APPARATUS IN ELECTIONS Haptoro, Dyanzah Aji; Fadlurrohim, Rifqi; Siagian, Afny Azzahra; Khanza, Ghinaya Zalfa; Iskandar, Stevri
Ilmu Hukum Prima (IHP) Vol. 8 No. 1 (2025): JURNAL ILMU HUKUM PRIMA
Publisher : jurnal.unprimdn.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This study examines the legal aspects of Civil Service Neutrality in Indonesian general elections. Civil service neutrality represents a fundamental principle in democratic governance with integrity. Through a normative juridical approach, this research analyzes the regulatory framework governing civil servant neutrality, common forms of violations, and the effectiveness of existing supervision mechanisms and sanctions. The findings indicate that despite Indonesia having comprehensive legislation regarding civil service neutrality, its implementation still faces various challenges, including diverse interpretations of the boundaries of civil servants' political activities, weak law enforcement, and lack of awareness and understanding among civil servants themselves. This research recommends strengthening collaborative oversight mechanisms between institutions, clarifying the boundaries and definitions of civil servants' political activities, and enhancing education and socialization regarding civil service ethics in the context of electoral democracy.
THE ROLE OF BKPSDM IN HANDLING CASES OF ASN DISCIPLINE VIOLATIONS (CASE STUDY OF PRINCIPAL'S ABSENCE AT STATE ELEMENTARY SCHOOL 01 KOTAWARINGIN TIMUR CENTRAL KALIMANTAN) Rizka Amanda, Rizka; Fadhila, Amanda Fathona; Aprilia, Zahra Utami; Haptoro, Dyanzah Aji; Hafizah, Desi
Ilmu Hukum Prima (IHP) Vol. 8 No. 1 (2025): JURNAL ILMU HUKUM PRIMA
Publisher : jurnal.unprimdn.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34012/jihp.v8i1.6800

Abstract

The Human Resources Development and Civil Service Agency (BKPSDM) strategically handles disciplinary violations of State Civil Apparatus (ASN) by Government Regulation 94 of 2021 concerning Civil Servant Discipline. This study aims to analyze the role of BKPSDM in handling cases of ASN disciplinary violations, focusing on a case study of the absence of a school principal in the East Kotawaringin Regency. The research method used is qualitative, with data collection techniques through interviews, document studies, and observations. The study results show that BKPSDM plays a role in receiving reports of violations, conducting initial investigations, providing recommendations for sanctions, and providing guidance to ASNs who violate discipline. In addition, there are obstacles in the handling process, such as limited evidence and coordination between agencies. This study concludes that the role of BKPSDM is significant in enforcing ASN discipline, but it is necessary to improve the supervision mechanism and synergy between stakeholders to prevent similar violations in the future.
ANALYSIS OF BUSINESS LICENSING IN THE DEVELOPMENT OF EIGER CAMP IN WEST BANDUNG REGENCY Siagian, Afny Azzahra; Fauzi, Rizka Amanda; Haptoro, Dyanzah Aji; Wulandari, Wulandari; Satmaidi, Edra
Ilmu Hukum Prima (IHP) Vol. 8 No. 1 (2025): JURNAL ILMU HUKUM PRIMA
Publisher : jurnal.unprimdn.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34012/jihp.v8i1.7097

Abstract

This study examines the spatial utilization compliance of the Eiger Camp Project located in Parongpong District, West Bandung Regency, which is situated within a water infiltration conservation zone as designated in the Regional Spatial Plan (RTRW). Although the developer claims to possess several permits, including the Environmental Impact Assessment (AMDAL), Building Approval (PBG), and site plan, the project was temporarily halted by local authorities due to the absence of a valid Spatial Utilization Activity Compliance (KKPR) document. Development in such conservation areas, which serve as water catchment and disaster-prone zones, raises both ecological and legal concerns. Using a normative-juridical approach, this research analyzes the relationship between the legality of permits and the substantive compliance with spatial zoning regulations as mandated by Indonesian law. The findings reveal that formal licensing, without alignment with RTRW zoning requirements, may result in legal violations and ecological degradation. Local governments play a vital role in monitoring and enforcing spatial planning policies; Thus, development in ecologically strategic areas must adhere to both legal and environmental considerations in a balanced manner.
LEGAL REVIEW OF THE NEUTRALITY OF STATE CIVIL APPARATUS IN ELECTIONS Haptoro, Dyanzah Aji; Fadlurrohim, Rifqi; Siagian, Afny Azzahra; Khanza, Ghinaya Zalfa; Iskandar, Stevri
Ilmu Hukum Prima (IHP) Vol. 8 No. 1 (2025): JURNAL ILMU HUKUM PRIMA
Publisher : jurnal.unprimdn.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34012/jihp.v8i1.7113

Abstract

This study examines the legal aspects of Civil Service Neutrality in Indonesian general elections. Civil service neutrality represents a fundamental principle in democratic governance with integrity. Through a normative juridical approach, this research analyzes the regulatory framework governing civil servant neutrality, common forms of violations, and the effectiveness of existing supervision mechanisms and sanctions. The findings indicate that despite Indonesia having comprehensive legislation regarding civil service neutrality, its implementation still faces various challenges, including diverse interpretations of the boundaries of civil servants' political activities, weak law enforcement, and lack of awareness and understanding among civil servants themselves. This research recommends strengthening collaborative oversight mechanisms between institutions, clarifying the boundaries and definitions of civil servants' political activities, and enhancing education and socialization regarding civil service ethics in the context of electoral democracy.
Konstruksi Hukum Kewenangan Desa Konstruksi Hukum Kewenangan Desa dalam Pembentukan Peraturan Desa: Analisis Yuridis atas Implementasi Otonomi Desa Berdasarkan UU Nomor 6 Tahun 2014: Hirarki Peraturan Perundang-undangan; Kepastian Hukum Ridho Kurniawan; Hafizah, Desi; M Yamani; Haptoro, Dyanzah Aji; Utami, Zahra
University Of Bengkulu Law Journal Vol. 10 No. 2 (2025): October
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/ubelaj.v10i2.45450

Abstract

This article analyzes the legal construction of village authority in the formation of Village Regulations (Peraturan Desa/Perdes) within the framework of Law Number 6 of 2014 concerning Villages. Using a normative juridical method with a descriptive qualitative approach, the study examines the principles of recognition and subsidiarity as the foundation of village autonomy, as well as the legal position of Perdes in Indonesia’s regulatory hierarchy. The findings show that although Perdes serves as a crucial instrument for implementing village autonomy and is legally acknowledged under Article 8 paragraph (2) of Law Number 12 of 2011, its formation frequently encounters challenges, including limited legislative capacity of village apparatus and disharmony with higher-level regulations. Several cases indicate procedural defects, contradictions with regional and national laws, and issues of authority overreach. These problems highlight the need for continuous legal guidance, improved legislative skills at the village level, and stronger harmonization mechanisms to ensure legal certainty and effective local governance. Strengthening the normative position and regulatory quality of Perdes is essential for realizing democratic, accountable, and autonomous village governance within Indonesia’s legal system.