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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.