cover
Contact Name
Nanik Prasetyoningsih
Contact Email
nanikprasetyoningsih@umy.ac.id
Phone
+62274387656
Journal Mail Official
wafathoni@gmail.com
Editorial Address
Gdg.Pascasarjana Lt.2 Universitas Muhammadiyah Yogyakarta Jln. Brawijaya Tamantirto Kasihan Bantul DIY. 55183
Location
Kab. bantul,
Daerah istimewa yogyakarta
INDONESIA
Jurnal Penegakan Hukum dan Keadilan
ISSN : 27460967     EISSN : 2721656X     DOI : https://doi.org/10.18196/jphk
Core Subject : Social,
Jurnal Penegakan Hukum dan Keadilan (JPHK) mempublikasikan artikel artikel ilmiah yang mengkaji isu-isu penegakan hukum dan pencapaian keadilan.
Articles 5 Documents
Search results for , issue "Vol 4, No 1 (2023): Maret" : 5 Documents clear
Democracy and Development in Africa: Contending Issues and Prospects for the 21st Centuries Abdulyakeen, Abdulrasheed
Jurnal Penegakan Hukum dan Keadilan Vol 4, No 1 (2023): Maret
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jphk.v4i1.14406

Abstract

The study examines contentious issues related to democracy and development in Africa. Substantially relying on secondary sources of data collection to adequately reflect the issues involved in this study, an interdisciplinary approach to historical research was adopted using content analysis. The study discovered empirical evidence supporting the argument that leadership changes are frequent or uncommon. In both situations, these leaders choose to govern in countries with weak or non-existent institutions, allowing them to avoid accountability for their corrupt behavior and abuse of office. According to the study, some challenges that have slowed development are lack of accountability, transparency, and democratic government, which must be addressed realistically for progress. Making the African system run more effectively and efficiently depends on the characteristics and eccentricities of those in authority.
The Urgency of the Constitutional Question by the Constitutional Court and Its Relevance to the Indonesian Democracy Index during the COVID-19 Pandemic Madjid, Mario Agritama S.W.; Asmorojati, Anom Wahyu
Jurnal Penegakan Hukum dan Keadilan Vol 4, No 1 (2023): Maret
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jphk.v4i1.17237

Abstract

The Constitutional Court’s authority to conduct the judicial review contains deficiencies implied upon the less maximum efforts to actualize constitutional democracy during the COVID-19 pandemic. Hence, the constitutional question is crucial in responding to the issue; it influences the increase of the Indonesian democracy index during the COVID-19 pandemic. The present study aimed to examine and analyze the urgency of constitutional questions by the Indonesian Constitutional Court in actualizing constitutional democracy with a particular design if it is to be regulated in the Constitution and the laws of the Constitutional Court. The research belongs to normative juridical with library research method. The results showed the urgency of the Indonesian Constitutional Court’s authority to impose constitutional questions. (1) It is to increase the Indonesian democracy index during the COVID-19 pandemic (2) It is to protect the citizens’ Constitutional Rights; (3) It is to increase the citizens’ constitutional awareness; (4) It is to connect the judges’ interpretation; (5) It is to actualize progressive and responsive substantive justice. Besides, the research compared the authorities of the constitutional courts applied by countries such as Austria, Germany, and Russia, where the Constitutional Courts in several countries have constitutional question authority. A recommendation of constitutional question arrangement within the Indonesian constitutional system accompanied this research.
Mitigasi Korupsi Berbasis PAR: Studi pada Bantuan Sosial Semeru Pemerintah Daerah Kabupaten Lumajang Satria Unggul Wicaksana Prakasa; Asis Asis
Jurnal Penegakan Hukum dan Keadilan Vol 4, No 1 (2023): Maret
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jphk.v4i1.17159

Abstract

This study was intended to understand the pattern of mitigating corruption of social assistance (bansos) for victims of the Semeru eruption based on public awareness to escort the distribution of social assistance to residents affected by the Semeru eruption. The research employed socio-legal with a Participatory Action Research (PAR) approach, a corruption escort approach based on community solidarity. Data was collected through interviews, focus group discussions and online and offline dissemination. The results showed that (1) supervision and legal protection of the role of the community in preventing and enforcing social assistance deviations was critical. The community was vital in ensuring the country's administration ran well and was clean of corruption. (2) The participation of the general public in the administration of the state guarantees the achievement of a better Indonesia, which was still wishful. (3) The opinion of poor and marginalized communities needs to be heard due to they have the same guarantees from the constitution.
Achieving a Developing Village based on the Village Sustainable Development Goals in Tirtonirmolo Village, Bantul Regency Rahmaddhani, Tiara Wiji; Prasetyoningsih, Nanik
Jurnal Penegakan Hukum dan Keadilan Vol 4, No 1 (2023): Maret
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jphk.v4i1.16043

Abstract

The Village Minister Regulation No. 21 of 2020 on general guidelines for village development and village community empowerment was enacted to carry out Article 131 paragraph (1) of the Government Regulation concerning Village Law and was issued to achieve the Sustainable Development Goals (SDGs). This research aims to discover and examine village development to achieve The Village SDGs according to village minister regulation No. 21 of 2020 by conducting interviews with related parties in Tirtonirmolo Village using normative and empirical juridical methodologies. This research examined three problem formulations: village minister regulation No. 21 of 2020, the obstacles, and the village government’s efforts. The 2022 village development plan in Tirtonirmolo village to achieve village SDGs followed the stages in village minister regulation No. 21 of 2020. However, there were obstacles to its implementation, particularly at the SDGs data collection stage. The village government has attempted to address this by constantly coordinating with village assistants, engaging IT-savvy human resources to assist with SDGs data collection activities, manually collecting data, and holding the Musrenbangdus.
Perlindungan Konsumen dalam Pemanfaatan Big Data oleh Pelaku Bisnis di Indonesia: Tinjauan Terhadap Regulasi dan Implementasi Praktik Bisnis Rizal, Muhammad; Setyoningsih, Erika Vivin
Jurnal Penegakan Hukum dan Keadilan Vol 4, No 1 (2023): Maret
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jphk.v4i1.15189

Abstract

The state must protect consumer rights for consumers to get legal assurance in business. The rapid development of business transactions using electronic media has become a trend in various circles. Users are required to input data in the identity verification form when conducting business transactions online in various marketplaces. Due to this regulation, electronic or e-commerce service providers are required to safeguard personal user data. Various electronic or e-commerce service providers store data in Big Data, including the user's data. The problem in this research was how to protect consumers using Big Data by business actors in Indonesia. This type of research was normative juridical research which examined several related laws and regulations. The results showed that if someone's data was transferred without prior permission, the owner might submit a lawsuit to compensate the court. This was stated in Article 26, paragraph (2) of Law Number 19 of 2016 concerning Information and Electronic Transactions. However, the obstacle was the difficulty of proving in the civil court process in Indonesia, such as technical complexity and perpetrators of crimes often have better skills than victims or investigators. Consumers will legally dispute the alleged leakage of personal data as people with personal data. Therefore, the concept of the right to be forgotten or the right to delete privacy appears.

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