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Peranan Hukum Perdata Nasional dalam Mengatur Para Pihak Bagi Pemerintah Daerah Provinsi dalam Kerja sama Funding untuk Proyek Non-APBN/APBD Marsalina Susana; Urbanisasi Urbanisasi
Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora Vol. 4 No. 3 (2025): JURRISH: Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jurrish.v4i3.5946

Abstract

The need for development financing in the regions is increasing, while dependence on the APBN/APBD funds cannot meet all those needs. Therefore, the regional government is starting to explore alternative financing cooperation, including with non-government entities (private and international financial institutions). This article aims to examine the role of national civil law as the legal basis for regulating the relationship between the parties in such cooperation schemes. This research uses a normative juridical method with an approach based on legislation and concepts. It is found that national civil law, particularly agreements in the Civil Code and modern contract law, plays a vital role in determining the rights and obligations of the parties, ensuring legal certainty, and preventing disputes in the implementation of non-APBN/APBD funding cooperation. In addition, the flexibility of civil law allows for adaptation to the needs of the region and funding partners. Strengthening the legal capacity of local governments and harmonizing with sectoral regulations are necessary.
Perubahan Undang-Undang Dasar (Pemahaman Tentang Arti Perubahan, Tatacara Perubahan, Kajian Kritis Terhadap Amandemen UUD 1945) Wilma Silalahi; Marsalina Susana
Jurnal Pustaka Cendekia Hukum dan Ilmu Sosial Vol. 3 No. 2 (2025): Jurnal Pustaka Cendekia Hukum dan Ilmu Sosial Volume 2 Nomor 2 June - September
Publisher : PT PUSTAKA CENDEKIA GROUP

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70292/pchukumsosial.v3i2.150

Abstract

In an ideal order, the constitution of a country must be in line with the values of constitutionalism. The development of the constitution in Indonesia can be grouped into several periods. The first period of the 1945 Constitution, the period of the two parties to the 1949 RIS, the third period according to the 1950 Provisional Constitution, the fourth period with the 1945 Constitution and its explanations. After that the 1945 Constitution was amended successively in 1999, 2000, 2001, 2002 by using a text that was ready from July 5, 1959 as a standard for making changes outside the text which was then used as an inseparable attachment to the manuscript of the 1945 Constitution. The development of the constitution in Indonesia which has been established since August 18, 1945. The approach used is normative juridical, while the data source is secondary data, the analysis uses a qualitative description. The results obtained show that the constitution in Indonesia has undergone several changes, including the 1945 Constitution, the RIS UUDS, the 1950 UUDS and back again to the 1945 Constitution until it has been amended 4 (four) times and has worked until now. Changes in the Indonesian constitution which were caused by external factors and internal factors as well as the existing political and legal conditions had an impact on the changing constitutional system in Indonesia.
Penerapan Efektivitas Hukum Lingkungan di Indonesia: Penelitian Wilma Silalahi; Marsalina Susana
Jurnal Pustaka Cendekia Hukum dan Ilmu Sosial Vol. 3 No. 3 (2025): Vol. 3 No. 3 (2025): Jurnal Pustaka Cendekia Hukum dan Ilmu Sosial Volume 3 Nom
Publisher : PT PUSTAKA CENDEKIA GROUP

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70292/pchukumsosial.v3i3.171

Abstract

Environmental law enforcement under Law Number 32 of 2009 is both preventative and repressive. Preventive efforts to control environmental impacts must be implemented by maximizing the use of monitoring and licensing instruments, which can be implemented by the central government, regional governments, and the community. Repressive efforts are carried out when environmental pollution and destruction have already occurred, either through administrative, civil, or criminal legal instruments. Implementation of sustainable development and the controlled use of natural resources is the goal of environmental management . Environmental management issues can be considered as one of the main causes of environmental damage . The goal of all environmental problems are done without regard to the development of the environmental factors, which in turn will cause environmental damage and pollution. Given the legal action against the perpetrators of pollution and environmental destruction is composed of administrative aspects, aspects of civil, criminal aspects. In the law enforcement itself should be supported pleh several factors, namely the means of law, law enforcement personnel, facilities and infrastructure, licensing, EIA system, public awareness of the environment.
Peraturan HAKI Sebagai Jaminan Fidusia oleh Pemerintahan Prabowo Gibran: Penelitian Urbanisasi; Marsalina Susana
Jurnal Pengabdian Masyarakat dan Riset Pendidikan Vol. 4 No. 2 (2025): Jurnal Pengabdian Masyarakat dan Riset Pendidikan Volume 4 Nomor 2 (October 202
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31004/jerkin.v4i2.3711

Abstract

This study examines the implementation of regulations governing Intellectual Property Rights (IPR) as fiduciary security under the Prabowo–Gibran administration by employing the principle of legal certainty as the primary analytical framework. The research is motivated by the gap between the normative framework (das Sollen), which legally recognizes IPR as a fiduciary object, and the empirical reality (das Sein) in which implementation remains constrained by the absence of technical guidelines, the lack of certified IPR appraisers, and the reluctance of financial institutions to accept intangible assets as collateral. Using a normative juridical method with statutory and conceptual approaches, this study analyzes the Fiduciary Law, sectoral IPR legislation, Government Regulation No. 24/2022, and academic literature. The findings indicate that the application of IPR as fiduciary collateral remains transitional and ineffective due to the unfulfilled elements of legal certainty, including clarity of norms, predictable procedures, and executable enforcement mechanisms. This research concludes that technical regulations, independent IPR appraisal bodies, administrative system integration, and institutional harmonization are essential to ensure that IPR can effectively serve as a viable financing instrument in Indonesia.