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Supremasi Hukum: Jurnal Penelitian Hukum
Published by Universitas Bengkulu
ISSN : 1693766X     EISSN : 25794663     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
Supremasi Hukum : Jurnal Penelitian Hukum [e-ISSN 2579-4663 dan p-ISSN 1693-766X] adalah nama baru sebagai pengganti "Jurnal Penelitian Hukum yang diterbitkan oleh Fakultas Hukum Universitas Bengkulu sejak Tahun 1995. Jurnal "Supremasi Hukum: Jurnal Penelitian Hukum" merupakan jurnal atau media informasi dan komunikasi di bidang hukum berisi artikel ilmiah hasil penelitian terkait bidang ilmu hukum yang meliputi Hukum Perdata, Hukum Ekonomi/Bisnis, Hukum Pidana, Hukum Administrasi Negara, Hukum Tata Negara, Hukum Konstitusi, Hukum Islam, Hukum Lingkungan, Hukum Adat, Hukum Kekayaan Intelektual, Hukum Perlindungan Perempuan dan Anak, Hukum Internasional dan sebagainya yang berhubungan dengan masalah-masalah hukum.
Arjuna Subject : -
Articles 106 Documents
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Tumpang Tindih (Overlapping) Kewenangan Komisi Pengawas Persaingan Usaha (KPPU) dan Badan Pemeriksa Keuangan (BPK) dalam Pengawasan Pengadaan Barang dan Jasa Pemerintah Simanjuntak, Predderics Hockop; Novta Rizky Askohar Putri; Josephat Mario Seran Tahuk; Andi Muh Teguh Hakim
Supremasi Hukum: Jurnal Penelitian Hukum Vol 34 No 2 (2025)
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jsh.34.2.196-214

Abstract

Government procurement of goods and services plays a crucial role in national development, yet it is highly susceptible to collusion and financial mismanagement. In this context, the Business Competition Supervisory Commission (KPPU) and the Audit Board of Indonesia (BPK) serve as key supervisory bodies. KPPU focuses on preventing unfair business practices such as tender collusion, while BPK emphasizes the efficiency and accountability of state finances. This study aims to analyze the overlapping authority between these two institutions and explore solutions for harmonizing their roles. Using a normative juridical method with a descriptive-analytical approach, the findings reveal overlapping areas of supervision that risk undermining effectiveness and creating legal uncertainty. Therefore, a clear regulatory framework—through new legislation or revisions to existing presidential regulations is essential to ensure a coordinated, fair, and efficient oversight system.
Reformulation Of The Policy On The Placement Of Reclamation And Post-Mining Guarantee Funds Based On The Polluter Pays Principle Amiruddin, A.M Adzkiya'
Supremasi Hukum: Jurnal Penelitian Hukum Vol 34 No 2 (2025)
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jsh.34.2.160-178

Abstract

This study aims to describe and analyze the placement of reclamation and post-mining guarantee funds in mining activities. These funds serve as an economic instrument that compels license holders to carry out post-mining recovery. However, compliance among license holders in placing reclamation and post-mining guarantee funds remains problematic. In addition, this research seeks to analyze the reformulation of policies regarding the placement of reclamation and/or post-mining guarantee funds as an environmental economic instrument. The research method employed is normative juridical research with a descriptive analysis model. The findings show that after licenses are issued, many license holders fail to fulfill their obligation to place guarantee funds, resulting in disrupted environmental recovery activities. Under the prevailing regulations, the obligation to place reclamation and post-mining guarantee funds is imposed on IUP/IUPK holders after obtaining a license. With such a regulatory model, many IUP/IUPK holders neglect and fail to deposit the required funds. The current concept of placing reclamation and post-mining guarantee funds, which requires submission after license is issued by government, has led to non-compliance by license holders. Therefore, the concept of guarantee fund placement must be reformulated.
MENGUATNYA AUTOCRATIC LEGALISM: MELEMAHNYA KONSOLIDASI MASYARAKAT SIPIL UNTUK PELEMBAGAAN DEMOKRASI Ramadhanil, Fadli; Kurnia Ilahi, Beni
Supremasi Hukum: Jurnal Penelitian Hukum Vol 34 No 2 (2025)
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jsh.34.2.179-195

Abstract

Levitsky and Ziblatt emphasize that threats to democracy often occur gradually through mechanisms that are legal but fundamentally weaken the system. This phenomenon is called autocratic legalism: the use of law to legitimize undemocratic actions. This phenomenon highlights how policies that appear legitimate can be abused to perpetuate power or reduce public participation space. Once all constitutional constraints have been loosened, those in power can easily use legal instruments so that their actions appear legal. In reality, this phenomenon—mutatis mutandis—weakens the consolidation of civil society in the institutionalization of democracy and even pushes it toward authoritarianism. This is exactly the condition currently occurring in legislative practice in Indonesia. Laws are made solely to fulfill the needs and desires of a small group of political elites. Examples include revisions to the KPK Law (Anti-Corruption Commission) and the State-Owned Enterprises (BUMN) Law, and the enactment of the new Capital City (IKN) Law—all of which demonstrate the high intensity of autocratic legalism in Indonesia's legislative process. At the same time, legislative products that represent the aspirations of many people remain unfinished, such as the Bill on Indigenous Peoples, the Bill on Asset Forfeiture (related to corruption proceeds), and the Bill on the Protection of Domestic Workers. The problems to be answered in this research consist of two main issues: (1) What is the impact of autocratic legalism on the institutionalization of democracy in Indonesia?, and (2) How does autocratic legalism influence the weakening of civil society consolidation in Indonesia? This research aims to analyze two things, First, why is the institutionalization of democracy difficult to achieve in a situation where autocratic legalism is strengthening, and civil society consolidation is weakening? Second, the impact of autocratic legalism on the weakening of civil society consolidation in Indonesia. This research employs a doctrinal legal method, a conceptual approach, and qualitative analysis. The research findings show that the practice of autocratic legalism, which exploits legal procedures to legitimize power, has made the institutionalization of democracy difficult to function, due to the unsystematic pattern of relations between the executive and legislative branches in law-making, and executive dominance in this practice has reduced the essence of democracy and weakened human rights guarantees through the blurring of checks and balances functions, the strengthening of power coalitions, as well as the criminalization of criticism and restrictions on media freedom. Therefore, the practice of autocratic legalism must be halted through limiting presidential authority, strengthening judicial independence, and increasing meaningful public participation in government oversight.
EFEKTIVITAS KEBIJAKAN PROGRAM MAKANAN BERGIZI GRATIS (MBG): EVALUASI BERDASARKAN PRINSIP TATA KELOLA YANG BAIK Mustaghfirin, Mohammad Aviv
Supremasi Hukum: Jurnal Penelitian Hukum Vol 35 No 1 (2026)
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jsh.35.1.44-60

Abstract

The Free Nutritious Food (MBG) Program is the flagship program of the Prabowo Subianto-Gibran Rakabuming Raka government which will be launched in 2025 with a budget allocation of Rp 71 trillion. This program aims to address chronic nutrition problems, especially stunting, and improve the quality of Indonesia's human resources. This study analyzes the implementation of the MBG Program from the perspective of governance. The research method uses normative juridical research with public policy analysis and study of regulatory literature, policy documents, and related academic studies. The results of the study show that MBG has several challenges from the principles of good government, namely transparency, accountability, and community participation. In transparency, challenges stem from the complexity of the reporting system, the difference in the price of foodstuffs in each region and the indication of price mark-ups during procurement and price distribution. In accountability, challenges stem from  the lack of internal auditor capacity at the regional level and the lack of a deterrent effect for MBG accountability violators. In community participation, challenges stem from the lack of community participation and public consultation on MBG Program planning. The collaboration strategy between state institutions is the existence of a centralized system for information exchange, cross-sectoral task forces at the national and regional levels, and the development of a platform information system.
MENGUJI KONSISTENSI BADAN PEMERIKSAAN KEUANGAN (BPK) DALAM TRANSPARANSI INFORMASI PUBLIK : STUDI ATAS LAPORAN HASIL PEMERIKSAAN KEUANGAN (LHPK) Steffi Zafia Furqan
Supremasi Hukum: Jurnal Penelitian Hukum Vol 35 No 1 (2026)
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jsh.35.1.61-73

Abstract

This study aims to analyze the implementation of the BPK audit function on the Audit Result Report (LHP) from the perspective of Law Number 14 of 2008 concerning Public Information Disclosure (UU KIP). The main problem studied is the extent to which the public can access the BPK audit results as part of the implementation of the principles of transparency and accountability in a democratic government system. The method used is normative juridical research with a statutory, conceptual, and comparative approach. The legal materials analyzed include Law Number 15 of 2004, Law Number 15 of 2006, and the 2008 KIP Law, supported by legal literature and decisions of the Central Information Commission (KIP). The results of the study indicate that normatively, the BPK LHP is open public information as long as it does not contain state secrets or material related to legal processes. However, in practice, the implementation of information disclosure within the BPK environment remains limited due to overlapping norms between the principles of openness and the protection of state secrets. Several KIP decisions, such as Number 009/VII/KIP-PS/2014 and Number 076/VII/KIP-PS/2018 emphasize the need for clarity in BPK's internal regulations in conducting consequence tests on public information. This study concludes that public information disclosure at BPK is not yet fully optimal and requires strengthening internal regulations and institutional commitment to balance the public's right to information with the protection of strategic state data. Thus, the implementation of information disclosure by BPK is expected to strengthen public trust and support the creation of transparent, accountable governance in accordance with the principles of good governance.
Evaluasi Demokrasi Kepemiluan Tahun 2024 Dalam Perspektif Hukum Administrasi Negara: Proses Pencalonan Wakil Presdien Aditya Andela Pratama; Muna, Kholifatul
Supremasi Hukum: Jurnal Penelitian Hukum Vol 35 No 1 (2026)
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jsh.35.1.74-100

Abstract

State administrative law has a strategic role in realizing constitutional goals through regulating administrative procedures and actions. The 2024 elections in Indonesia reflected the application of state administrative law, but were marked by administrative polemics, particularly in the nomination of Gibran Rakabuming Raka as a vice presidential candidate. The main problem arises from the inconsistency between Constitutional Court Decision Number 90/PUU-XXI/2023 and PKPU Number 19 of 2023, which causes legal conflicts in the administrative process of registering and determining candidates. This research aims to analyze administrative violations and evaluate the validity of the determination of Gibran's candidacy based on state administrative law. The results of the study are expected to provide legal recommendations to strengthen a transparent and accountable election administration system. The results of this study show that in material terms, the General Election Commission did not make careful preparations in the registration stage, and in formal terms, there was a delay in the issuance of the Minutes of Acceptance of Registration (BAPP). Both of these are contrary to the principles of State Administrative Law. The validity of the KPU's decision also raises juridical issues due to legal defects in the inclusion of the basis for consideration of changes to the KPU Regulation (PKPU). This finding indicates a weakness in the governance of registration administration that has the potential to invalidate KPU's decision through the State Administrative Court (PTUN). This research confirms the importance of the KPU to increase the accuracy in the preparation of each stage of the election in order to maintain the credibility and legitimacy of democracy in Indonesia.

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