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INDONESIA
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Published by Gapenas Publisher
ISSN : 27979598     EISSN : 27770621     DOI : https://doi.org/10.53363/bureau
Core Subject : Social,
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance editorials, reviews, research articles and short communications on following topics: Social-Political Governance 1. Election and Political Parties, 2. Democracy and Local Politics, 3. Decentralization Autonomy, 4. Bureaucracy, 5. Policy Studies, 6. Digital Government, 7. Village Government, 8. State and Business Relation, 9. Sociopreneur. LAW 1. Legal Sociology, 2. Legal History, 3. Criminal Law, 4. Civil Law, 5. Government Law, 6. Business Economic Law, 7. International Law, 8. Sharia Economic Law,
Arjuna Subject : Ilmu Sosial - Hukum
Articles 697 Documents
THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA, 1999: ANALYZING THE QUEST FOR AN AUTOCHTHONOUS CONSTITUTION E. Odike, Adakole; Philip Faga, Hemen; Ogwuche, Enenche Matthew
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 4 No. 3 (2024): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v4i3.431

Abstract

Nigeria is a multi-cultural, multi-ethnic and multi-religious country pieced together by the British colonial administration. Although, the country has remained one indivisible and indissoluble entity, the different regions maintain their distinct identities, and work towards varied aspirations. However, the current 1999 constitution of Nigeria, which is a product of the military administration that ruled Nigeria from 1983 to 1999, seems to create a federal system that disregard the diversities of the country and concentrate power in the center (federal government); yet, it purports in its preamble to be a constitution given by the people of Nigeria. Using the doctrinal approach, this paper appraised the claim of the 1999 constitution as a people-driven document against the backdrop of an autochthonous constitution. It found that the 1999 Nigerian constitution (as amended) lacks legitimacy as an autochthonous constitution because of the absence of participation of the people in the constitution-making process, and the fact that it was midwife by an illegal and unconstitutional military government. The paper also identified the features of the constitution that expose the arbitrariness of the military in foisting a constitution on the people of Nigeria without consensus, such as the over-concentration of revenue generating powers and revenue sharing in the center, and neglect of the federating states. The paper concluded that the Nigerian National Assembly should commence the process of making a new autochthonous constitution for the country to overturn the current 1999 constitution. It recommended that the new constitution should decentralize power to the federating states of Nigeria to meet the yearnings of the different regions of Nigeria.
KESADARAN HUKUM WAJIB LAPOR KETENAGAKERJAAN PERUSAHAAN PADA YAYASAN PENDIDIKAN BERBASIS AGAMA ISLAM: STUDI KASUS KOTA SAMARINDA Fadlurrahman , Muhammad Fais; Pratama, Rio Arif; Hasmiati , Rahmatullah Ayu
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 4 No. 3 (2024): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v4i3.432

Abstract

Mandatory Company Employment Report (WLKP) has been regulated in Law No. 7 of 1981. According to the law, mandatory employment reporting is an obligation for all companies and employers who employ workers by paying wages or rewards, this obligation is for companies to carry out and report employment data to the local labor office, including the education sector, both educational foundations and other educational institutions, but in fact, there are still many educational institutions and educational foundations that are still not implement the provisions of the Company's Mandatory Employment Report. The purpose of this study is to find out how the Implementation of Mandatory Employment Reporting in the Education Sector, as well as what obstacles must be faced by various school foundations and obstacles faced by supervisors who are required to report to the company's employment. The method in this study uses an empirical juridical method, the data sources of this study are sourced from library research and Field Research. By the random sampling method. The results of the study show that there are still few educational foundations and educational institutions that have not implemented the provisions of the Mandatory Corporate Employment Report. It is recorded that only twenty (20) Foundations in East Kalimantan carry out the Mandatory Corporate Employment Report, from this data there are no foundations or educational institutions in Samarinda City. In this case, the lack of understanding of mandatory company employment report and the lack of supervisory resources are one of the main factors, and there are other obstacles that hinder the Mandatory Employment Reporting Process of Companies in the Education Sector
DELIK HUKUM DALAM PERSPEKTIF FILSAFAT HUKUM ISLAM Wirawan, Vani
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 4 No. 3 (2024): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v4i3.434

Abstract

Studying philosophy seems to be in a very abstract realm in the realm of ontology, epistemology and axiology related to something, and philosophy of law is a branch of philosophy that has a strategic function in the formation of law in Indonesia. This study aims to determine legal offenses in the view of Islamic legal philosophy. The research writing method used is normative legal research with a conceptual approach. The results of the study indicate that the realm of ontology, offense in Islamic criminal law has a fundamental difference compared to conventional criminal law in reality in the form of jinayah, jarimah, and qisas-diyat. The realm of epistemology, offense in Islamic criminal law focuses on how knowledge about crime is obtained, understood, and applied derived from sources of revelation such as the Qur'an and Hadith, as well as methods of understanding through ijtihad by Islamic jurists. The realm of axiology, offense in Islamic criminal law is related to the values of justice, benefit, and social justice aims to ensure that criminal sanctions are not only retributive, but also oriented towards community rehabilitation and the achievement of welfare
PENJATUHAN PEMIDANAAN TERHADAP KASUS MALPRAKTIK BERDASARKANqUNDANG-UNDANG NOMOR 17 TAHUNq2023 Yusar, Muhamad; Hidayat, Sepdi
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 4 No. 3 (2024): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v4i3.436

Abstract

Meskipun praktik medis bukanlah fenomena baru di Indonesia, namun  berurusan dengan kasus-kasus praktik medis membingungkan untuk beberapa kali. Tidak adanya definisi hukum tentang praktik medis menyebabkan kebingunganqon bagaimana menanganinya. Tulisan ini bertujuan untuk menguraikan konsep praktik medis dan kewajiban. Selain itu, qmiskonsepsi tentang malpraktik medis qliability juga akan ditevaluasi. Penelitian hukum kunormatif ini bergantung pada data sekunder dan menggunakanpendekatan hukum dan kuarparatif. Ditemukan bahwa di sana telah disalahpahami pada malpraktik medis di Indonesia. Kesalahpahaman terjadi tidak hanya untuk orang awam, tetapi juga di antara akademisi dan lembaga penegak hukum. Kesalahpahaman ini menyebabkan kebingungan tentang bagaimanaquntuk menetapkan medisqmalpracticeqliability
ANALYSIS OF THE ROLE OF WALI MUHAKKAM IN THE MARRIAGE LEGALIZATION (ISBAT NIKAH) CASE INVOLVING A PASTOR’S CHILD: A STUDY OF KARAWANG RELIGIOUS COURT DECISION NUMBER 248/PDT.P/2021/PA.KRW Madaniy, Faruq Zakiy; Adang Darmawan Achmad; Hudzaifah Achmad Qotadah
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 4 No. 3 (2024): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v4i3.437

Abstract

In Indonesia, marriage is regulated by positive law and religious principles, making it a social agreement and a sacred covenant imbued with spiritual dimensions. The Marriage Law highlights the significance of physical and emotional bonds as the foundation for building a prosperous and enduring family life, grounded in devotion to God Almighty. Within Islamic law and the Compilation of Islamic Law (KHI), the presence of a nasab guardian for the bride is a fundamental requirement for the marriage's validity. This guardian, typically a male relative from the bride's lineage, plays a crucial role in ensuring the legality of the union according to Islamic tenets. However, challenges may arise regarding the availability or presence of the nasab guardian. For instance, in the marriage between Sadam Husen bin Aji Sena and Dwi Yanthi Pranatalia Sipayung, the absence of the nasab guardian was due to religious differences within the bride's family. Other common issues include the guardian's refusal or inability to attend the marriage ceremony. In such cases, some individuals appoint a wali muhakkam, a guardian selected through community consensus or custom. However, the role of wali muhakkam has yet to be formally acknowledged in Indonesian marriage law. This study employs a qualitative approach with descriptive analysis to explore the isbat nikah case in the Karawang Religious Court (Decision No. 248/Pdt.P/2021/PA.Krw), which validated a marriage involving a wali muhakkam. Through interviews, observations, and document analysis, findings suggest that isbat nikah is often utilized to address nasab guardian issues, though its application should be carefully regulated to prevent misuse. Premarital education is recommended to enhance public awareness and ensure adherence to legal marriage procedures
KUALIFIKASI PELAYANAN PUBLIK YANG BERKUALITAS DALAM UNDANG-UNDANG NOMOR 25 TAHUN 2009 TENTANG PELAYANAN PUBLIK Mayasari, Novita; Ahmidi, Ahmidi; Alhamdani, Alhamdani; Azzahra, Atiqah Amalya
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 4 No. 2 (2024): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v4i2.438

Abstract

This article aims to provide a qualification of quality public services, so that it becomes a reference for government agencies engaged in the public sector. The Ombudsman has compiled an assessment of public administration compliance, the results show that 10.92% or 64 public services at the ministry, agency and local government level are of low quality. Based on this, this article focuses on analyzing the qualifications of quality public services based on Law Number 25 of 2009 concerning Public Services. The results of this study indicate that, regarding the qualifications of quality public services are contained in the Implementation Behavior in Service Article 34 of Law No. 25 of 2009, which states that public servants must behave fairly and non-discriminatory, careful, polite and friendly, firm, reliable and responsible to the community as service recipients. The method used in this research is normative juridical method based on secondary, primary and tertiary legal materials collected through literature study
IMPLEMENTASI KEBIJAKAN PENGELOLAAN BARANG MILIK NEGARA BERUPA TANAH PADA DIREKTORAT JENDERAL PENDIDIKAN TINGGI, RISET DAN TEKNOLOGI KEMENDIKBUDRISTEK Siregar, Mario Bungaran; Daraba, Dahyar; Ruhana, Faria
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 4 No. 3 (2024): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v4i3.439

Abstract

The Directorate General of Higher Education, Research, and Technology (Ditjen Diktiristek), which is one of the main units in the Ministry of Education, Culture, Research, and Technology (Kemendikbudristek), is responsible for the use and management of state-owned assets in the form of land, in line with its duties and functions in providing higher education services. This research aims to describe and analyze the factors that hinder the implementation of policies related to the management of state-owned land assets within Ditjen Diktiristek Kemendikbudristek, particularly in higher education institutions (PTNs). The study employs a qualitative research method with a descriptive approach, using the four-dimensional policy implementation analysis framework proposed by Edwards III (1984), which includes communication, resources, disposition, and bureaucratic structure. Data collection for this research involved observations, interviews, and documentation. In analyzing the data collected, the researcher used models including data reduction, data presentation, and conclusion drawing or verification. Data for the study were obtained from fourteen informants, including the Director General of Diktiristek and his staff, as well as leaders of PTNs and relevant officials. Referring to the four dimensions proposed by Edward III, the communication dimension highlights the lack of information flow from the Directorate General of Higher Education, Research, and Technology (Ditjen Diktiristek) to public universities (PTN). PTNs do not receive sufficient information on how to implement regulations related to state-owned land assets (BMN). The resource dimension indicates that the quantity of human resources at both Ditjen Diktiristek and PTNs in managing state-owned land assets is inadequate, and the budget conditions have not yet reached the ideal amount. The disposition dimension shows that the response of the implementers at PTNs tends to be slow during the execution of policies related to managing state-owned land assets. As for the bureaucratic structure dimension, it is evident that there is no specific SOP outlining the handling of problematic state-owned land assets, and internal fragmentation occurs within PTNs, where the responsibility for managing these assets is often spread across various units or faculties
STRATEGI PENGELOLAAAN DESTINASI ECO-WISATA BERBASIS MASYARAKAT DI DANAU RANAU KECAMATAN LUMBOK SEMINUNG KABUPATEN LAMPUNG BARAT PROVINSI LAMPUNG Besar, Ibrahim; Riza F, Ahmad; Noviera, Fri Rejeki
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 4 No. 3 (2024): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v4i3.440

Abstract

The development of the eco-tourism sector today is one of the sources of national income which has a direct impact on increasing national economic growth and has a direct impact on Regional Original Income. Therefore, the Government has an interest in planning tourism development, issuing tourism policies and making and enforcing regulations. he government's attention hopes that all eco-tourism assets, especially eco-tourism, can be maintained, preserved and developed The objectives that can be formulated in this research are as follows Strategy for preparing local communities in the Ranau Lake eco-tourism destination, Lumbok District, in developing community based ecotourism Examine the extent to which Lake Ranau eco-tourism has an influence in empowering local communities. The Lake Ranau eco-tourism distenation development model The Lake Ranau eco-tourism distenation development model involves local communities Benefits of Research Theoretically, this research is expected to contribute to the development of communication science, especially concepts, theories, methods and approaches in the study of communication science in general. and especially Development and Culture Communication, Business Communication in the study of developing eco-tourism destinations in the Lake Ranau area, Lumbok District, West Lampung Regency. Practical AspectsThis research is used as information and reference material for the development of philosophical thinking in communication science. readiness of local communities in Lumbok District to receive eco-tourists. So, this research is expected to provide additional information for the government to create innovations to create tourism development policy strategies based on community empowerment programs in West Lampung Regency in particular and Lampung Province in general. Data analysis methodology SWOT analysis seeks to understand the communication behavior of the eco-tourism destination community through the views of the perpetrators
ANALISIS KRITIS TERHADAP PERAN DAN EFEKTIVITAS PROLEGNAS DALAM PEMBENTUKAN KEBIJAKAN HUKUM DI INDONESIA: SEBUAH PENDEKATAN TEORITIS DAN PRAKTIS Makruf, Solihan; Rusmana, Dian; Rosidin, Utang
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 4 No. 3 (2024): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v4i3.441

Abstract

This research critically assesses the role and effectiveness of the National Legislation Programme (Prolegnas) in the process of legal policy-making in Indonesia. This research aims to assess the extent to which Prolegnas can plan legislation in accordance with national legal needs. The method used is a literature review, in which various legal sources and reports on the implementation of Prolegnas are analysed in depth. The results of this study will provide insight into the various obstacles and challenges faced in the implementation of Prolegnas. It is also expected that this research will provide recommendations on how to improve the effectiveness of Prolegnas in supporting a more targeted and sustainable legal policy
EVALUASI PROGRAM BANTUAN RUMAH LAYAK HUNI (MAHYANI) DI DESA PUNCAK MANDIRI KECAMATAN SUMALATA KABUPATEN GORONTALO UTARA Baderan, Umar Sako; Gintulangi, Sri Lestari; Lonteng, Marcellia Simon
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 4 No. 3 (2024): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v4i3.442

Abstract

This study aims to evaluate the implementation of the Decent Housing Assistance Program (Mahyani) in Puncak Mandiri Village, Sumalata District, North Gorontalo Regency. The research method used is a qualitative approach with descriptive research type. The data sources of the study include the Village Head, Village Secretary, Village Apparatus, as well as the recipients and non-recipients of the program. Data collection was conducted through observation, interviews, and documentation. The results of the study indicate that the implementation of the Mahyani Program in Puncak Mandiri Village still faces several challenges. Although the construction of Mahyani houses has begun, the construction process is still incomplete, and there are shortcomings in the transparency of program implementation by the village government. Furthermore, the main objective of this program, which is poverty alleviation, has not been fully achieved due to budget limitations and dependence on village funds. This study provides important insights for local governments, particularly in enhancing the effectiveness and transparency of social assistance program implementation. Better improvement measures are needed to ensure that assistance programs such as Mahyani can provide maximum benefits to the communities in need

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