Presidensial: Jurnal Hukum, Administrasi Negara, Dan Kebijakan Publik
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
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114 Documents
<![CDATA[Kinerja Satuan Pelaksana Badan Reintegrasi Aceh Kabupaten Aceh Tengah ]]>
<![CDATA[Hajar Ashwad]]>;
<![CDATA[Finta Kuhini]]>
<![CDATA[ Presidensial: Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik Vol. 1 No. 2 (2024): Juni : Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik ]]>
Publisher : <![CDATA[Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia ]]>
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DOI: 10.62383/presidensial.v1i2.71
<![CDATA[Aceh Reintegration Boards based in the city of Banda Aceh and the extension of subordination at the district level is carried out by the Aceh Reintegration Agency implementing unit (SATPEL-BRA) in accordance with what is stated in Aceh Qanun Number 6 of 2015 concerning the Aceh Reintegration Agency article 1 number 15 which reads Reintegration Agency Implementing Unit Aceh Regency/City, hereinafter referred to as the BRA Regency/City Unit. The aim of this research is to find out the performance of SATPEL-BRA in Kab. Aceh is currently carrying out its main duties and functions in maintaining peace in Aceh, especially in the District. Central Aceh, the method used is descriptive qualitative by describing it in a detailed manner and data collection is carried out by in-depth interviews. The results of this research regarding the fulfillment of rights and the touch of programs have apparently not been effective enough, although various efforts have been made to improve the welfare of GAM combatants, political prisoners and political prisoners, but they have not been effective enough in terms of fulfilling justice for victims affected by the Aceh conflict, for example there are still cases Conflict victims still do not receive assistance from BRA, this is due to factors and obstacles such as limited budgets which hinder the optimal implementation of programs and activities. Lack of coordination between various related parties, both internal and external, causes inefficiency in carrying out tasks. Resistance from several parties to proposed changes or new innovations can hinder development and performance improvement. The policies taken by the central and regional governments greatly influence BRA's performance because the budget for the District Implementation Unit. Cities depend on whether or not there is a budget provided by the local government.]]>
<![CDATA[Pelaksanaan Penerbitan Sertifikat Pengganti di Kantor Pertanahan Wilayah Kabupaten Kotawaringin Barat ]]>
<![CDATA[Alifa Putri Rahmadhani]]>
<![CDATA[ Presidensial: Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik Vol. 1 No. 3 (2024): September: Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publ ]]>
Publisher : <![CDATA[Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia ]]>
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DOI: 10.62383/presidensial.v1i3.72
<![CDATA[Protecting the rights and interests of the people has an important role for the government. To prevent the increasing number and development of land conflicts in the community, it is very necessary to make definite resolution efforts, for example to meet the needs of the community which is usually used for residence, livelihoods and daily needs, it is necessary to provide legal protection for land rights, and especially property rights to land which are owned by many people. From the description above, land ownership certificates are very important to maintain, but up to now there are still requests for replacement certificates due to loss and damage, so the author is interested in studying in more depth the responsibility of the West Kotawaringin Regency BPN for issuing replacement certificates. The author uses empirical legal research. The data analysis technique was carried out descriptively, qualitatively, namely by providing presentations and explaining in detail and in depth and for data collection by searching for data and information in relevant locations related to the research topic using interviews, literature studies and the internet.]]>
<![CDATA[Tinjauan Yuridis Pemberian Insentif dalam Rangka Mendorong Percepatan Battery Electric Vehicle (BEV): Potensi Dukungan pada Greenwashing Dibalik Solusi Persoalan Lingkungan ]]>
<![CDATA[Amiradiaty Nasution]]>;
<![CDATA[Hauna Tsabitul Azmi]]>
<![CDATA[ Presidensial: Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik Vol. 1 No. 3 (2024): September: Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publ ]]>
Publisher : <![CDATA[Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia ]]>
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DOI: 10.62383/presidensial.v1i3.76
<![CDATA[The Indonesian government issued Presidential Regulation Number 79 of 2023, amending Presidential Regulation Number 55 of 2019, to accelerate the adoption of battery-based electric vehicles (BEVs) and reduce greenhouse gas emissions through incentives. These incentives, both fiscal and non-fiscal, aim to encourage the public to switch to electric vehicles. However, the environmental impact of electric vehicles needs consideration in the context of sustainable transport. This study analyzes the challenges of the incentive policy in promoting BEVs and its potential connection to greenwashing practices, aiming to develop effective solutions for environmental issues related to these incentives. Using a normative juridical approach, the research relies on secondary data, including primary legal materials and secondary sources like textbooks, journals, expert opinions, and jurisprudence. The findings highlight the need for supervision in providing incentives and suggest prioritizing the electrification of public vehicles to achieve sustainable green transportation. Additionally, the study emphasizes strengthening non-motorized and electricity-based public transportation modes and transitioning to renewable energy sources to mitigate environmental impacts.]]>
<![CDATA[Kedudukan Kompetensi Penyusun dalam Penyusunan Analisis Mengenai Dampak Lingkungan ]]>
<![CDATA[Putu Alex Virdana Putra]]>;
<![CDATA[I Gusti Ngurah Dharma Laksana]]>
<![CDATA[ Presidensial: Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik Vol. 1 No. 3 (2024): September: Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publ ]]>
Publisher : <![CDATA[Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia ]]>
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DOI: 10.62383/presidensial.v1i3.77
<![CDATA[This writing has the aim of knowing the Procedures and Requirements to receive a certificate of competence in the preparation of environmental impact analysis. This is very useful, because it will provide illustrations to other people and legal entities who want to be completed if they want to have a certificate of competence in compiling an analysis of environmental impacts. With the explanation of the mechanism and requirements, therefore a person or legal entity can prepare an analysis of environmental impacts by obtaining a certificate of competence for compiling an analysis of environmental impacts. The main objective of the Environmental Impact Analysis is to ensure that business and development activities can run continuously without destroying and damaging the environment, so in another sense, business or appropriate actions from the perspective of environmental aspects.]]>
<![CDATA[Pandangan Hukum Pidana terhadap Hubungan Sesama Jenis di Indonesia ]]>
<![CDATA[Anak Agung Istri Adhi Pramesti]]>;
<![CDATA[Diah Ratna Sari Hariyanto]]>
<![CDATA[ Presidensial: Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik Vol. 1 No. 3 (2024): September: Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publ ]]>
Publisher : <![CDATA[Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia ]]>
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DOI: 10.62383/presidensial.v1i3.80
<![CDATA[The aim of writing this journal is for readers to see more about the perspective of criminaI law in dealing with the specifics of same-sex relationships in Indonesia. The research was carried out using normative legal methods so that it is necessary to criminalize or expand criminal regulations for deviant acts committed by the LGBT community in reforming criminal law. The study results show that same-sex relationships are considered to violate norms in Indonesian society. Many people are uncomfortable with the presence of LGBT in their environment, which makes people question how the law in Indonesia handles cases of same-sex relationships. Meanwhile, same-sex relations carried out by LGBT people are not yet regulated as a criminal offense according to Indonesian criminal law, the regulation is still very limited because it only regulates same-sex sexual relations committed by adults with minors.]]>
<![CDATA[Implikasi Putusan Mahkamah Konstitusi Nomor 60/PUU-XXII/2024 terhadap Demokratisasi Pemilihan Kepala Daerah ]]>
<![CDATA[Muhammad Anwar Soleh]]>;
<![CDATA[Durohim Amnan]]>
<![CDATA[ Presidensial: Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik Vol. 1 No. 3 (2024): September: Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publ ]]>
Publisher : <![CDATA[Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia ]]>
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DOI: 10.62383/presidensial.v1i3.85
<![CDATA[This study will discuss how the implications of the MK 60/PUU-XXII/2024 decision on the 2024 simultaneous regional election contestation and how the idealita (ideal concept) threshold for the nomination of regional heads in the election system in Indonesia. This study also aims to address the issue of the threshold of the nomination, both the nomination of the president and the nomination of regional heads which from time to time always cause problems and difficult to find a middle point. Type of research used normative-juridical approach to legislation and cases as well as research used library (library research) with secondary data. The results of the discussion are the result of this decision, namely the potential of each political party to propose a candidate for Regional Head is increasingly wide open and the competition is believed to be increasingly competitive which can produce a skilled and qualified leader because it has gone through a rigorous competition process from each candidate proposed by a political party. This implication is a space that has been awaited by political parties and the community because the more candidates for regional heads, the more choices that can be investigated by the community.]]>
<![CDATA[Mediasi terhadap Kasus Penipuan Konsumen Yang dilakukan Oleh Pihak Grab: (Kasus: PT Grab Toko Indonesia di Tahun 2020) ]]>
<![CDATA[Stefanus Edwin Ferdianto L]]>;
<![CDATA[Dewa Gede Pradnya Yustiawan]]>
<![CDATA[ Presidensial: Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik Vol. 1 No. 3 (2024): September: Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publ ]]>
Publisher : <![CDATA[Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia ]]>
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DOI: 10.62383/presidensial.v1i3.91
<![CDATA[The purpose of this study is to find out efforts to provide legal protection to consumers who experience losses due to business actors, namely elements that are irresponsible, act recklessly and arbitrarily so that it causes harm to consumers, clearly violates and is not in accordance with applicable laws and regulations. apply and regulations. Law Number 8 of 1999 concerning Consumer Protection (UUPK) which regulates how consumer rights must be fulfilled and the obligations of corporate actors must be carried out in accordance with what has been regulated in it, applies in Indonesia and regulates customers. The perfect example of an online retailer or marketplace that operates honestly, straightforwardly and correctly is PT Grab Toko Indonesia (Grabtoko). As a business actor who has the responsibility to enforce his agreement with customers, Grabtoko does not carry out this commitment properly. It has been determined that Grabtoko is deceiving people who fall for the fake news ads it offers in its advertisements. The fraudulent activities carried out by Grabtoko have fulfilled the fraud requirements stipulated in the UUPK, including default, use of internet-based electronic media in transactions, loss of one party, and incompatibility of trading goods with representatives of the parties.]]>
<![CDATA[Implementasi Kebijakan Penanggulangan Banjir di Kota Tangerang Selatan ]]>
<![CDATA[Nadia Wulandari]]>;
<![CDATA[Abdullah Qiqi Asmara]]>
<![CDATA[ Presidensial: Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik Vol. 1 No. 3 (2024): September: Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publ ]]>
Publisher : <![CDATA[Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia ]]>
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DOI: 10.62383/presidensial.v1i3.92
<![CDATA[This research focuses on the implementation of flood management policies in South Tangerang City with suboptimal flood management problems. The problems that were found were that the coordination carried out by stakeholders was tentative, there were obstacles in communication on the condition of the social environment, expecially in terms of public awareness of protecting the environment, was still lacking because rubbish was still found in rivers and canals. The aim of this research is to determine the extent of implementation of flood management policies in South Tangerang City. This research uses a qualitative approach with descriptive methods, and data is obtained trought observation, interviews and documentation. This research uses the Van Meter and Van Horn theory with 6 (six) indicator, namely: a) Policy Size and Objectives; b) Resources; c) Characteristics of The Implementing Agent; d) Attitude and Tendencies; e) Inter-Organizational Communication and Implementation Activies; f) Economic, Social and Political Environment. The result of the study show that policy measures and standards are appropriate but there needs to be an increase in disaster outreach and training. Then the quantitiy or number of Task Forces to go into the field is still insufficient. The availability of an organizational structure and regulations responsible for implementing flood management is quite good. Policy implementers understanding of flood management policies in quite good and has received a positive response from policy implementers. Apart from that, the communication that exists between OPDs and village officials is quite good, characterized by delibration. The economic, social and political environmental conditions are quite good, but there needs to be an increase in public awareness of protecting the environment by not throwing rubbish into rivers or waterways.]]>
<![CDATA[Kepastian Hukum Akta Pembagian Hak Bersama Karena Perceraian Terkait Sertifikat Hak Atas Tanah yang di Blokir ]]>
<![CDATA[Syatria Novyardi Rialdo]]>
<![CDATA[ Presidensial: Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik Vol. 1 No. 3 (2024): September: Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publ ]]>
Publisher : <![CDATA[Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia ]]>
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DOI: 10.62383/presidensial.v1i3.99
<![CDATA[The aim of this research is to examine the legal certainty of deeds of sharing joint rights due to divorce related to blocked land title certificates. The type of research that will be used is normative. The research approach is carried out using the statutory approach, case approach, conceptual approach and analytical approach. Sources of legal materials used in normative legal research consist of primary, secondary and tertiary legal materials. Data analysis techniques by collecting legal materials and other sources of legal materials that are relevant to the legal issues being studied. Analysis of legal materials carried out in this research is legal interpretation (interpretation) and legal construction methods, namely grammatical interpretation, systematic interpretation. Legal certainty regarding the Deed of Sharing of Joint Rights regarding divorce is based on the Civil Code, the Marriage Law and legal regulations regarding land so that the process of transferring land rights can be carried out.]]>
<![CDATA[Tinjauan Yuridis Tindak Pidana Penyuapan oleh Pengusaha di Timor Tengah Utara Kepada Ketua Lembaga Swadaya Masyarakat dalam Tindak Pidana Korupsi Proyek Pembangunan Jalan Nona Manis di Kecamatan Biboki Anleu ]]>
<![CDATA[Leonora Mathilda Safe]]>;
<![CDATA[Bhisa Vitus Wihelmus]]>;
<![CDATA[Orpa G. Manuain]]>
<![CDATA[ Presidensial: Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik Vol. 1 No. 3 (2024): September: Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publ ]]>
Publisher : <![CDATA[Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia ]]>
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DOI: 10.62383/presidensial.v1i3.100
<![CDATA[This research is empirical juridical, with the aim of finding out the qualifications for regulating criminal acts of bribery committed by the head of a Non-Governmental Organization and to find out the criminal responsibility. The expected benefit of this research is that it can provide knowledge, can be an accurate source and become a reference for similar research. regarding the discipline of Criminal Law, especially Anti-Corruption Education.This result shows that the qualification of the regulation of criminal acts in the case of the chairman of the Non-Governmental Organization is contained in Article 23 of Law Number 31 of 1999 concerning the Eradication of Corruption and other criminal acts related to corruption. then the proof of the article of other criminal acts related to corruption, of which there are three articles that do not have to be accompanied by state losses. If it is connected with the Decision of the Constitutional Court Number 25 of 2016 specifically Article 2 and Article 3, the name of which is a formal offense to a material offense, it is mandatory that there must be state losses. But specifically Article 21, Article 22 and Article 23, the proof of his actions does not have to be a state loss because the qualification of the crime is a formal crime, not a material crime, so the change in mindset of the regulation and qualification of the crime in Law Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption from formal to material is only for Article 2 and Article 3. Criminal liability of the General Chairperson of the Anti-Corruption People's Alliance (ARAKSI) for committing a criminal act, with the existence of an unlawful act seen from the qualification of the regulation of the criminal act, then violating Article 23 of Law Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption]]>
