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TINJAUAN HUKUM TERHADAP MEKANISME PENGANGKATAN PEJABAT KEPALA DAERAH PENGGANTI KEPALA DAERAH YANG HABIS MASA JABATAN SEBELUM PEMILIHAN UMUM SERENTAK TAHUN 2024 Intan Sri Anisa; Mahmuzar; Hellen Last Fitriani
ASAS Law Journal Vol. 1 No. 1 (2023): ASAS Law Journal
Publisher : Yayasan Lembaga Pendidikan Asas

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The background of this research is the appointment of acting regional heads to fill the vacancy of definitive regional head officials due to the postponement of regional elections in 271 regions in Indonesia which has caused problems in the administration of government in Indonesia. Therefore this study aims to find out how the legal review of the mechanism for appointing acting regional heads to replace regional heads whose term of office has expired before the simultaneous general elections in 2024, and to find out what impact the appointment of Acting regional heads carried out by the Ministry of Home Affairs has on the life of democracy and people's sovereignty . This research is a literature study and is a normative juridical law research that refers to legal norms. The type of data used is primary and secondary data. The data analysis technique applies qualitative research using a statutory approach and a conceptual approach by drawing conclusions using the deductive method. The results of this study are that the appointment of acting regional heads is not in accordance with the MKRI Decision Number 67/PUU XIX/2021 and the MKRI Decision Number 15/PUU-XX/2022 because it ignores the mandate of the decision in the form of establishing implementing regulations Article 201 UU 10/2016 and prohibiting the TNI and The National Police are active as acting officers. Basically the decision of the Constitutional Court is the final and binding decision. The authority of the Constitutional Court in examining laws against the 1945 Constitution places and becomes evidence for the Constitutional Court as a negative legislator. The appointment of acting regional heads is not in accordance with the principles of democracy because of the weak legitimacy of the local community, the weak supervision and control of the DPRD and the community as the holder of sovereignty, and the absence of accountability to the DPRD and the regional community.

Hukum Tata Negara tentang Pemerintah dan Otonomi Daerah Hellen Last Fitriani; Nurhadi Nurhadi
YASIN Vol 2 No 4 (2022): YASIN: Jurnal Pendidikan dan Sosial Budaya
Publisher : Lembaga Yasin AlSys

State Philosophy Officially explaining the 1945 Constitution, in general, regarding the main idea in the preamble of the 1945 Constitution, it is said that "a state that has sovereignty over the people based on democracy and deliberation of representatives". So the state will not run well without regional or autonomous administrators. Therefore, it is necessary to know what local government is, the principles, the relationship between the center and the regions, authority, council representation, systematics for forming regional and autonomous governments? Furthermore, it can be explained that according to Law Number 23 of 2014 concerning Regional Government, regional government is the implementation of government affairs by regional governments and the Regional People's Representative Council (DPRD) using the principle of autonomy and co-administration with the principle of autonomy as wide as possible in the system and principles of the State. The Unity of the Republic of Indonesia as referred to in the 1945 Constitution of the Republic of Indonesia. The relationship between the central and local governments by Clarke and Stewart is conceptualized in three forms, namely: The Relative Autonomy Model, The Agency Model and The Interaction Model. Local government powers include: Externalities; Accountability and Efficiency. The legislation in question includes: (i) Law no. 18 of 1965 concerning the Principles of Regional Government (hereinafter referred to as Law 18/1965), (ii) Law no. 5 of 1974 concerning the Principles of Regional Government (hereinafter referred to as Law 5/1974), (iii) Law no. 22 of 1999 concerning Regional Government (hereinafter referred to as Law 22/1999), (iv) Law no. 32 of 2004 concerning Regional Government (hereinafter referred to as Law 32/2004), (v) PERPPU No. 3 of 2005 concerning Amendments to Law no. 32 of 2004 concerning Regional Government (hereinafter referred to as PERPPU 3/2005), (vi) Law no. 8 of 2005 concerning Stipulation as Law on PERPPU No. 3 of 2005 concerning Amendments to Law no. 32 of 2004 concerning Regional Government (hereinafter referred to as Law 8/2005), and (vii) Law no. 12 of 2008 concerning the Second Amendment to Law no. 32 of 2004 concerning Regional Government (hereinafter referred to as Law 12/2008). . In the general explanation of Law Number 32 of 2004 it is stated that the formation of regions is basically intended to improve public services in order to accelerate the realization of community welfare as well as as a means of political education at the local level.

Solusi Penyelesaian Kasus KDRT bagi Pekerja Harian Masa Pandemi Covid-19 dalam Perspektif Qira’ah Mubaadalah Hellen Last Fitriani; Nurhadi Nurhadi
ALSYS Vol 2 No 3 (2022): ALSYS: Jurnal Keislaman dan Ilmu Pendidikan
Publisher : Lembaga Yasin AlSys

This study discusses domestic violence during the Covid-19 pandemic in families of daily workers in Pekanbaru according to the theory of Qirâ'ah Mubâdalah. Home turns out to be the most terrifying place for a family member. This problem often gives birth to new crime cases, even murder. Domestic violence affects every act of a person, especially women, which results in physical, sexual, psychological misery or suffering. So this study examines efforts to overcome cases of domestic violence that afflict daily workers in the Covid-19 pandemic in Pekanbaru City using a qirā'ah mubādalah perspective. This research is field research and the methodology used is a qualitative approach. The data related to this study were collected through interviews, observation and documentation. The data is presented by technical descriptive analysis. The results of this study are the solution for resolving domestic violence during the Covid-19 pandemic in families of daily workers in Pekanbaru According to the Qirâ'ah Mubâdalah Theory is to create feelings of mutual pleasure in life in pairs, understand the meaning of marriage, consult each other or exchange ideas, and implement a series of solutions in household problems in surah al-Nisa verse 34.

Implementasi Mediasi terhadap Perkara Perceraian di Pengadilan Agama Bangkinang pada Masa Pandemi Covid-19 Berdasarkan Peraturan Mahkamah Agung Nomor 1 Tahun 2016 Hellen Last Fitriani; Febby Amelia Olearosa; Nurhadi Nurhadi
ALSYS Vol 2 No 4 (2022): ALSYS: Jurnal Keislaman dan Ilmu Pendidikan
Publisher : Lembaga Yasin AlSys

The writing of this article was motivated by the Implementation of Mediation on Divorce Cases at the Bangkinang Religious Court during the Covid-19 Pandemic based on Supreme Court Regulation Number 1 of 2016, that the divorce rate increased from before the pandemic period. Of course, the Bangkinang Religious Court in this case is the executor in carrying out the PERMA which is assisted by mediators in reconciling the litigants, especially divorce cases which continue to increase from 2020 to 2021 during the current pandemic and many mediation implementations have failed. This study discusses how to implement mediation in divorce cases at the Bangkinang Religious Court during the COVID-19 pandemic based on Supreme Court Regulation Number 1 of 2016 and the inhibiting factors for the implementation of mediation for divorce cases at the Bangkinang Religious Court during the covid-19 pandemic. This study uses a sociological legal research method (socio legal research), which is one type of research that goes directly to the field to adjust theory and reality in the field through observation and interviews. The sources used include primary legal materials, secondary legal materials and tertiary legal materials. Then the sampling technique with purposive sampling technique. The results of this study are that the implementation of mediation at the Bangkinang Religious Court is not optimal to reduce the divorce rate because there are still many mediations that fail and there are still obstacles faced by the Bangkinang Religious Court, namely the strong desire of the parties to divorce, because in general the failure of mediation is because the parties already have a strong desire to divorce, the defendant and the respondent do not have good intentions and there are still mediator judges who do not have a certificate as a mediator, of course, compared to a mediator who already has a certificate of ability, it must still be under his knowledge because to get a mediator certificate a lot of knowledge is gained.

Pelaksanaan Penanggulangan Perjudian dan Sanksi Berdasarkan Peraturan Nagari Sungai Kamuyang Nomor 07 Tahun 2003 tentang Penyakit Masyarakat (Pekat) Cici Utami; Hellen Last Fitriani; Nurhadi Nurhadi
ANWARUL Vol 2 No 4 (2022): ANWARUL: Jurnal Pendidikan dan Dakwah
Publisher : Lembaga Yasin AlSys

Gambling is very rampant in the Kamuyang Sungai Nagari, although there are already rules that regulate it, which is stated in the Kamuyang Sungai Nagari Regulation No. 07 of 2003 concerning Community Diseases. This gambling does not recognize age, ranging from children to adults doing gambling practices and does not recognize gender. They think that by gambling it is easy to earn money without having to work hard. The method used here is the sociological method, namely research conducted based on the understanding and interpretation of an event in the reciprocal relationship between law and social phenomena by identifying the law and how this law applies in society, gambling here is very difficult to eradicate because of the ineffectiveness of the regulations. has been created and published. even those who practice this gambling from among those who make rules regarding this gambling ban. The inhibiting factor in the implementation of overcoming gambling in Sungai Kamuyang Nagari is due to the ambiguity of the Nagari government in implementing the existing rules, where the government should implement the rules even those who participate in playing the gambling. As well as the lack of public awareness in implementing the applicable legal rules.

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