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Presidensial: Jurnal Hukum, Administrasi Negara, Dan Kebijakan Publik

Presidensial
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Published by Asosiasi Peneliti Dan Pengajar Ilmu Hukum Indonesia

ISSN : 30631211 EISSN : 30631246 DOI : 10.62383

Core Subject : Social,

Law, Crime, Criminology & Criminal Justice

membahas sistem presidensial dalam konteks hukum, administrasi negara, dan kebijakan publik. Jurnal ini mengeksplorasi pembagian kekuasaan antara eksekutif dan legislatif, mekanisme kontrol dan keseimbangan kekuasaan, serta implementasi hukum dan regulasi administratif dalam konteks presidensial

Arjuna Subject : Ilmu Sosial - Hukum

Articles 144 Documents

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Penegakan Hukum Pidana terhadap Penanganan Gelandangan dan Pengemis di Tempat Umum: (Studi Komparatif KUHP Lama dan Baru Berdasarkan Putusan PN Kab. Semarang No.145/Pid.C/PN UNR ) Gunawan Widjaja; Songga Aurora Abadi; Alam Anbari
Presidensial: Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik Vol. 2 No. 3 (2025): September : Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Pub
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/presidensial.v2i3.1001

The phenomenon of homelessness and begging in public places remains a complex social problem that impacts public order and legal norms. The main problem in this study is how criminal law is applied to homelessness and begging in public places, and how the provisions compare in the old Criminal Code and the new Criminal Code based on Law Number 1 of 2023. This study uses a normative juridical method with a legislative approach and literature study. In the old Criminal Code, begging is regulated in Article 504, which threatens imprisonment for anyone who begs in public. Meanwhile, the new Criminal Code regulates similar acts in Article 425, which no longer uses the term "begging" explicitly, but regulates the prohibition against the repeated exploitation of certain activities in public places that disturb the community. The results of the study show that although there is continuity in substance, the new Criminal Code tends to use a more humanistic approach and emphasizes social rehabilitation. Law enforcement against homelessness and begging still faces various obstacles such as low public reporting, limited police supervision, and a lack of rehabilitation facilities. Therefore, the main conclusion of this study is that a repressive approach alone is insufficiently effective. An integrated legal strategy is needed, combining penal and non-penal approaches with the active involvement of the government, the community, and social institutions.

Studi Kualitas Pelayanan Publik di Kantor Kecamatan Leihitu Barat, Kabupaten Maluku Provinsi Maluku Tuhelelu, Nurul Fatah; Selanno, Hendry; Patty, Julia Theresia
Presidensial: Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik Vol. 2 No. 3 (2025): September : Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Pub
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/presidensial.v2i3.1020

This study aims to explain and analyze the quality of public services at the Leihitu Barat District Office. Quality public service is a key indicator in assessing the performance of local governments, particularly at the sub-district level, which directly provides services to the community. This research uses a descriptive method with a qualitative approach to gain an in-depth understanding of the current service conditions. The informants in this study totaled 10 people, consisting of district officials and community members who use the services. Data were collected through in-depth interviews, observations of service activities at the sub-district office, and documentation of relevant supporting documents. The collected data were analyzed using descriptive qualitative analysis with a case study approach, providing a comprehensive picture of existing problems and potentials. The assessment of service quality is based on Zeithaml’s theory, which includes five main dimensions: tangibles, reliability, responsiveness, assurance, and empathy. The research findings indicate that the quality of public services at the Leihitu Barat District Office has not yet met optimal standards. In terms of tangibles, it was found that physical facilities such as waiting areas, service desks, and supporting equipment are still very limited. The reliability dimension is also not well fulfilled, as the service processes are often inconsistent and not timely. The assurance dimension reflects a lack of professional ability and attitudes among officials in providing a sense of security and trust to the public. However, the dimensions of responsiveness and empathy show relatively positive developments. Some officials have demonstrated responsive and empathetic attitudes in addressing the needs and complaints of the public. Nonetheless, comprehensive improvements are still necessary. These include enhancing the quality of human resources, increasing the availability of physical infrastructure, and improving service management systems. By addressing these areas, public services at the Leihitu Barat District Office can become more effective and better aligned with community expectations.

Analisis Hukum terhadap Pembiayaan Kesehatan Berbasis Teknologi Fintech serta Implikasinya bagi Sistem Kesehatan Nasional Desti Emiliani; Marice Simarmata
Presidensial: Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik Vol. 2 No. 3 (2025): September : Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Pub
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/presidensial.v2i3.1045

This study employs a normative juridical approach to examine the legal aspects of implementing financial technology (fintech) in healthcare financing in Indonesia. The rapid development of fintech offers potential solutions for addressing financial barriers in healthcare access. However, it also presents legal and regulatory challenges, particularly concerning consumer protection, data privacy, and institutional coordination. The analysis focuses on several key legal instruments, including Law No. 8 of 1999 on Consumer Protection, Law No. 11 of 2008 on Electronic Information and Transactions (ITE), Law No. 17 of 2023 on Health and its implementing regulation, Government Regulation No. 28 of 2024, and Law No. 27 of 2022 on Personal Data Protection. Additionally, regulations issued by the Financial Services Authority (OJK), which govern the operations of fintech companies in Indonesia, are also considered. The findings indicate that while there is a growing regulatory framework supporting fintech integration into the health sector, several gaps remain, particularly in terms of coordination between regulatory bodies and stakeholders in health and finance. The study identifies the need for comprehensive policy harmonization to ensure that fintech-based healthcare financing systems are secure, transparent, and inclusive. Furthermore, it emphasizes the importance of strengthening data protection mechanisms and enhancing regulatory oversight, especially for fintech services operating in partnership with healthcare providers. As fintech continues to reshape the landscape of healthcare financing, robust legal safeguards must be developed to mitigate potential risks and ensure equitable access to health services. The study concludes by recommending an integrated legal and institutional approach to support the safe and ethical implementation of fintech in Indonesia's healthcare sector.

SISRUTE dan Tantangan Digitalisasi Kesehatan di Daerah: Tinjauan Hukum terhadap Keadilan Akses Pelayanan Kesehatan Febri Juhamsyah; Marice Simarmata
Presidensial: Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik Vol. 2 No. 3 (2025): September : Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Pub
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/presidensial.v2i3.1046

The implementation of digitalization in the healthcare sector through the Integrated Referral sistem (Sistem Informasi Rujukan Terintegrasi/SISRUTE) offers significant opportunities to expand access and improve the quality of healthcare services, especially in remote and underserved areas of Indonesia. This paper aims to analyze the challenges of implementing SISRUTE from a legal perspective, focusing on the principle of equitable healthcare access. The study uses a normative juridical approach combined with literature analysis, examining national regulations, including Law No. 17 of 2023 on Health, Government Regulation No. 47 of 2021 on Hospital Administration, and supporting ministerial policies. The research identifies several barriers that hinder the effectiveness of SISRUTE implementation, such as uneven distribution of digital infrastructure, limited internet connectivity, lack of adequately trained healthcare personnel, and the absence of supporting local regulations that align with national policy frameworks. These challenges create disparities in the utilization of SISRUTE, particularly in rural and remote areas, undermining the constitutional mandate for equal access to health services. From a legal standpoint, the principle of equity in healthcare has yet to be fully realized through SISRUTE due to these systemic gaps. The study concludes that strategic efforts are needed to improve intergovernmental coordination, harmonize health and digital regulations, strengthen healthcare workers' digital competencies, and invest in robust infrastructure development. Only through an integrated legal, technological, and human resource approach can SISRUTE fulfill its intended function in supporting a fair, inclusive, and effective healthcare referral system nationwide. This paper contributes to ongoing discourse on legal reforms for digital health equity in Indonesia.

Analisis Hukum Pembiayaan Kesehatan Berbasis Teknologi Fintech serta Implikasinya terhadap Regulasi, Aksesibilitas, dan Keberlanjutan Sistem Kesehatan Nasional Baginda Zulfikar; Marice Simarmata
Presidensial: Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik Vol. 2 No. 3 (2025): September : Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Pub
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/presidensial.v2i3.1047

This study aims to examine the legal aspects of the Aceh People's Health Insurance Program (JKRA) by analyzing it as a hybrid between an insurance agreement and a social insurance agreement. The method used is a normative juridical approach, with qualitative analysis based on relevant laws and legal concepts. Data sources consist of primary, secondary, and tertiary legal materials. The results show that JKRA has two main characteristics. On the one hand, JKRA fulfills the elements of an insurance agreement, such as the existence of an insurer and an insured, premium payments, protection against risks, and the uncertainty of insured events. On the other hand, JKRA also reflects the characteristics of social insurance, namely being mandatory, non-profit-oriented, managed by the government, and applying the principle of mutual cooperation through a cross-subsidy mechanism. This dual character indicates that JKRA is a unique form of regional health insurance scheme that integrates private and social approaches. However, in its implementation, there are a number of legal issues that require serious attention. Some of the main problems found include the need for regulatory harmonization between JKRA and the National Health Insurance (JKN), ensuring the sustainability of funding through the Aceh Revenue and Expenditure Budget (APBA), and alignment with national health policies, especially after the enactment of Law Number 17 of 2023 concerning Health and Government Regulation Number 28 of 2024. Therefore, comprehensive legal regulations are needed so that the implementation of JKRA can run optimally and in line with the integrated national health insurance system, ensuring the sustainability of health services for the people of Aceh in a fair and sustainable manner.

Implementasi Kebijakan Prioritas Penggunaan Dana Desa pada Pemerintah Desa Lanjut Kecamatan Singkep Pesisir Kabupaten Lingga Tahun 2024 Ridho Ridho; Yudhanto Satyagraha Adiputra; Eki Darmawan
Presidensial: Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik Vol. 2 No. 3 (2025): September : Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Pub
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/presidensial.v2i3.1054

This study aims to analyze the implementation of the priority policy for the use of Village Fund in 2024 in Lanjut Village, Singkep Pesisir District, Lingga Regency. The main focus of this study is how the national policy on the priority use of Village Fund is practically implemented at the village level, including the supporting and inhibiting factors. This research uses a descriptive qualitative approach with data collection techniques through in-depth interviews, participatory observation, and document studies. The analytical model used refers to the implementation theory of Van Metter and Van Horn, which includes six main variables: policy objectives and size, resources, characteristics of the implementing agents, disposition of the implementers, communication, and social, economic, and political conditions. The results of the study show that the policy implementation was carried out participatively through village deliberation forums, involving the community in every stage of planning and decision-making. Several priority programs, such as Direct Cash Assistance (BLT), food security programs, and reducing stunting, were successfully realized, providing direct benefits to the village community. However, the implementation of this policy is not without challenges. Some identified obstacles include limited use of information technology to support transparency and efficiency, the readiness of human resources (HR) for implementation that still needs improvement, and the capacity of village institutions that has not yet reached its full potential. Despite these challenges, the overall implementation of the Village Fund policy in Lanjut Village can be considered relatively effective, given the successful realization of various priority programs that support participatory, transparent, and sustainable village governance. The conclusion of this study is that, although there are obstacles, the Village Fund policy in Lanjut Village has provided positive impacts on the community's welfare.

The Role of Participatory Planning in Community-Based Flood and Landslide Disaster Preparedness (Manado City) Heydi Mayla Silvia Tumembow; Dian Ferriswara; Eny Haryati; Sri Kamariyah
Presidensial: Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik Vol. 2 No. 3 (2025): September : Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Pub
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/presidensial.v2i3.1094

Manado City is an area that is vulnerable to floods and landslides, but until now the effectiveness of disaster management still faces serious challenges due to low community involvement in mitigation planning. This study aims to analyze the role of participatory planning in improving community-based disaster preparedness, with a focus on how the Manado City Regional Disaster Management Agency (BPBD: Badan Penanggulangan Bencana Daerah) involves the community in the process of formulating disaster strategies. Using a non-empirical qualitative approach through a literature study method, data were obtained from scientific journals, policy documents, and institutional reports that were analyzed thematically and contextually with reference to the framework of community participation and disaster risk management. The results of the study show that community involvement is still at a symbolic level, limited to the implementation stage, and has not touched the strategic planning process in a meaningful way. Lack of institutional capacity, low disaster literacy, and absence of formal participatory mechanisms are the main inhibiting factors. As a result, disaster programs are often not aligned with local needs and have an impact on low preparedness effectiveness. This study concludes that strengthening community participation in disaster planning is needed to build a more adaptive and iterative preparedness system. Theoretically, the study broadens the understanding of the relevance of participatory planning approaches in community-based disaster management, while practically, the findings provide recommendations for BPBDs and local governments to develop more collaborative and local needs-based policies as a step towards sustainable disaster resilience.

The Effectiveness Of Civil Servant Training In Improving The Performance Of Local Government Apparatus Anace Kambu; Dian Ferriswara; Sarwani Sarwani; Sri Kamariyah
Presidensial: Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik Vol. 2 No. 3 (2025): September : Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Pub
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/presidensial.v2i3.1095

This study examines the effectiveness of education and training programs in improving employee performance and identifies the factors influencing training outcomes at the Personnel and Human Resources Development Agency (BKPSDM) of Southwest Papua Province. A qualitative descriptive approach was employed, utilizing interviews, observations, and documentation, with key informants including the Head of BKPSDM. Data were analyzed using the interactive model of Miles et al. (2014), encompassing data condensation, data display, and conclusion drawing. Findings reveal that education and training programs at BKPSDM significantly enhanced employee performance, as evidenced by improved timeliness in task completion, increased knowledge, skills, and expertise, and notable positive changes in employee behavior and attitudes. Training outcomes were also reflected in improved workplace discipline and greater responsibility among civil servants. Evaluation of program effectiveness employed five levels: participant reaction, learning achievement, behavioral change, organizational impact, and cost-effectiveness, all of which indicated favorable results. Factors influencing training effectiveness included the relevance of training materials to employee roles, appropriate scheduling that minimized work disruption, the use of clear and supportive training methods, and the competence of instructors in delivering material effectively. These findings demonstrate that well-planned and well-delivered training programs can strengthen the capacity and professionalism of civil servants, enabling them to better fulfill governmental and developmental responsibilities while supporting overall organizational performance improvement. In addition, the study highlights the importance of continuous monitoring and feedback throughout the training process to ensure sustained improvements in employee performance. It suggests that the involvement of employees in the design and planning stages of training programs can enhance the relevance and applicability of the content, fostering greater engagement and retention of knowledge.

Digital Transformation In Regional Revenue Management: A Case Study At Bapenda Of East Java Province Polrendyo Polrendyo; Ika Devy Pramudiana; Eny Haryati; Sri Kamariyah
Presidensial: Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik Vol. 2 No. 3 (2025): September : Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Pub
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/presidensial.v2i3.1096

Digital transformation in the public sector has become a strategic agenda to improve the efficiency, transparency, and quality of government services, including in regional revenue management. This study aims to analyze the implementation of digital transformation in the Regional Revenue Agency (Bapenda: Badan Pendapatan Daerah) of East Java Province, especially in the Gresik Technical Implementation Unit (UPT: Unit Pelaksana Teknis), as well as its impact on administrative efficiency, transparency, and increasing Regional Original Revenue (PAD: Pendapatan Asli Daerah). This study uses a non-empirical qualitative approach with a literature study method, which involves the analysis of secondary data from scientific journals, policy documents, government performance reports, and community digitalization indicators such as the Indonesian Digital Society Index (IMDI: Indeks Masyarakat Digital Indonesia). The results show that digital transformation through e-payment systems and web-based administration has significantly accelerated the service process, improved taxpayer compliance, and reduced revenue leakage. The receipt of PAD through digital channels increased by 60% in one year, while service efficiency increased by reducing administrative process time from three days to one day. The implementation of this digital transformation is also influenced by the readiness of infrastructure, apparatus competence, and community digital literacy, as described in the theoretical framework of the Technology Acceptance Model (TAM), Dynamic Capabilities, and TOE Framework. Despite positive achievements, challenges such as digital skills gaps, resistance to change, and system security issues are still obstacles in optimizing digital transformation. This research makes a theoretical contribution to the development of e-governance literature and digital public policy practices at the local level. These findings also provide concrete recommendations for other regions to replicate good practices of digital transformation that have succeeded in improving regional financial performance. Thus, digital transformation is not only a technological instrument, but also a governance strategy that requires synergy between technology, organizations, and society

Hak Regres PT PII terhadap Penanggung Jawab Proyek Kerjasama dalam Mekanisme Kerjasama Pemerintah dan Badan Usaha Riyadh Raihan Dhawy Fayiz; Fadly Madani; Ary Syafei Ar Rashid
Presidensial: Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik Vol. 2 No. 3 (2025): September : Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Pub
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/presidensial.v2i3.1103

The Public-Private Partnership (PPP) scheme with guarantees from PT PII aims to accelerate infrastructure development through private participation, but faces legal and practical challenges, particularly related to the risk of default by the Government and Construction Service Provider (GCA) and the effectiveness of the implementation of recourse rights by PT PII towards government institutions. This study uses a normative juridical method with an analytical descriptive approach through a literature study of primary and secondary legal materials, as well as a qualitative analysis of legal documents, to understand in depth the application of recourse rights to GCA in the PPP mechanism. The application of recourse rights by PT PII as a PPP project guarantor is based on a special legal framework and complex contractual agreements to protect investors from the risk of default by the GCA. However, its implementation has the potential to face legal, political, bureaucratic, and fiscal challenges that can affect the effectiveness of protection and the fiscal sustainability of PT PII. PT PII's recourse rights in the PPP scheme are an adaptation of the borgtocht concept applied lex specialis through the PPP agreement, guarantees, and recourse to protect state finances. However, its implementation faces bureaucratic, budgetary, and fiscal constraints that can hamper its effectiveness. Therefore, binding guidelines and increased institutional capacity are needed to ensure that regress rights can be exercised effectively, accountably, and in accordance with the principles of transparency and accountability. This study concludes that to increase the effectiveness of the PPP scheme, improvements in the legal framework, inter-agency coordination, and strengthening the capacity of institutions involved in implementing regress rights are needed.

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Contact Name Rengga Kusuma Putra

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Editorial Address Perum Cluster G11 Nomor 17 Jl. Plamongan Indah, Pedurungan, Kota Semarang 50195, Semarang, Provinsi Jawa Tengah, 50195

Location Kota semarang, Jawa tengah INDONESIA

Abstract

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Contact Name
Rengga Kusuma Putra

Contact Email
garuda@apji.org

Phone
+6281269402117

Journal Mail Official
info@appihi.or.id

Editorial Address
Perum Cluster G11 Nomor 17 Jl. Plamongan Indah, Pedurungan, Kota Semarang 50195, Semarang, Provinsi Jawa Tengah, 50195

Location
Kota semarang,

Jawa tengah

INDONESIA