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Desentralisasi: Jurnal Hukum, Kebijakan Publik, Dan Pemerintahan
Published by Asosiasi Peneliti Dan Pengajar Ilmu Hukum Indonesia
ISSN : 3063279X     EISSN : 30632803     DOI : 10.62383
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
desentralisasi dalam konteks hukum, kebijakan publik, dan pemerintahan. Jurnal ini membahas bagaimana sistem desentralisasi mempengaruhi berbagai aspek kehidupan sosial dan politik di suatu negara
Arjuna Subject : Ilmu Sosial - Hukum
Articles 120 Documents
 8   9   10   11   12 
Implementasi Kebijakan Kartu Identitas Anak (KIA) di Kabupaten Bintan Tahun 2024 Eka Nurtiara; Afrizal Afrizal; Ella Afnira
Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan Vol. 2 No. 3 (2025): Agustus : Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/desentralisasi.v2i3.1026

Abstract

The Child Identity Card (KIA) is an official document issued to children aged 0–17 years as a form of early recognition and protection of legal identity. The issuance of the KIA aims to support orderly population administration, facilitate access to public services, and strengthen child protection in various social, educational, and health aspects. In Bintan Regency, this policy has been implemented since 2017 and was reinforced through Regent Regulation No. 6 of 2022. However, in 2024, the KIA ownership rate only reached 53.48%, the lowest figure in the Riau Islands Province. This figure indicates a serious gap between policy and implementation in the field. In fact, the Bintan Regency Population and Civil Registration Office's Work Plan (Renja) set the KIA ownership target for 2024 at 65%, with the final realization being only 62%. This study aims to examine the factors influencing the low KIA ownership rate. The study used a descriptive qualitative approach with data collection techniques through in-depth interviews, observation, and documentation. Informants consisted of Disdukcapil officials and the community as service recipients. The implementation model used was Merilee S. Grindle's theory, which emphasizes six critical variables in policy success, including resources, communication, and implementer characteristics. The results of the study indicate that despite an increase in demand for KIA due to administrative requirements in education services, BPJS, and social programs, significant obstacles remain. These obstacles include limited outreach, a lack of service infrastructure in coastal and remote areas, and technical constraints such as a suboptimal online system. Therefore, acceleration strategies are needed, such as increasing the intensity of cross-sector outreach, integrating KIA services into integrated health post (Posyandu) and school programs, adding mobile services, and training local human resources.  
Efektivitas Pemberian Insentif Badan Musyawarah Guru Al-Qur’an (BMGQ) Kecamatan Nongsa oleh Pemerintah Kota Batam Tahun 2024 Annisa Arrum; Kustiawan Kustiawan; Khairi Rahmi
Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan Vol. 2 No. 2 (2025): Mei : Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/desentralisasi.v2i2.1056

Abstract

The incentive program for Al-Qur'an Education Park (TPQ) teachers in Batam City is part of a regional policy aimed at supporting the role and function of Al-Qur'an teachers in fulfilling Al-Qur'an literacy certification and basic religious understanding for elementary and secondary school students. This program has been implemented since 2009 and has experienced a gradual increase in incentive values until 2024. However, in Nongsa District, the implementation of this program still faces several obstacles. Identified problems include delays in fund distribution, inaccurate data verification, and inaccurate targeting of incentive recipients. This study aims to analyze the effectiveness of the incentive program managed by the Al-Qur'an Teacher Consultative Body (BMGQ) of Nongsa District by the Batam City Government. The research method used is qualitative, with data collection techniques through in-depth interviews, documentation, and observation. The results show that this program has had a positive impact, especially in increasing teachers' teaching enthusiasm, helping their economy, and maintaining the sustainability of Al-Qur'an education in the region. However, the effectiveness of program implementation is not yet optimal. Obstacles identified include a lack of publicity regarding the program's objectives to the community and beneficiaries, limited incentive recipient quotas, the lack of a real-time data monitoring system, and delays in the document signing process (amprah), which has delayed incentive disbursement. Therefore, ongoing evaluation by the local government and the BMGQ (Regional Teachers' Association) is necessary to ensure that incentive distribution is more targeted, equitable, and in line with the program's initial objectives, so that all TPQ teachers in Nongsa District can experience maximum benefits.
Pendekatan Strategis Bakamla untuk Pengawasan Penangkapan Ikan Secara Ilegal di Wilayah Natuna Rapika Rapika; Ardi Putra; Eki Darmawan
Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan Vol. 2 No. 2 (2025): Mei : Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/desentralisasi.v2i2.1058

Abstract

Illegal fishing is a form of maritime crime that threatens the sustainability of marine resources and causes significant economic losses for the country, particularly for coastal communities such as those in Natuna Regency. This activity not only harms the fisheries sector but also impacts food security, social stability, and the marine ecosystem. This study aims to examine in depth the surveillance strategy implemented by the Maritime Security Agency (Bakamla) in combating illegal fishing practices in Natuna waters. The research method used is a qualitative descriptive approach with data collection through in-depth interviews and analysis of Bakamla's strategic documents. The theoretical framework used refers to the concept of strategy according to Fred R. David (2016), which includes strategy formulation, implementation, and evaluation. The results of the study indicate that Bakamla has formulated a surveillance strategy by relying on 24-hour sea patrols, utilizing technologies such as the Automatic Identification Sistem (AIS), radio communications, and satellites, and establishing cross-agency collaboration including the Indonesian Navy, the Ministry of Maritime Affairs and Fisheries, and local government officials. The strategy was implemented through rotating patrols, outreach activities for fishermen and coastal communities, and the establishment of a public reporting channel to facilitate the dissemination of information regarding illegal activities. However, the implementation of this strategy still faces obstacles, including limited operational budgets, inadequate patrol fleets, and suboptimal response to public reports. Evaluation of the monitoring strategy showed positive impacts in the form of increased public awareness and participation, as well as a decrease in cases of fish theft in several vulnerable areas. However, the level of public involvement in reporting and independent monitoring still needs to be increased so that the monitoring strategy can be more effective and sustainable in safeguarding the sovereignty of Indonesia's marine resources.  
Efektivitas Program Operasi Pasar Murah di Kota Batam Tahun 2024 Putri Rini Situmeang; Bismar Arianto; Rizky Octa Putri Charin
Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan Vol. 2 No. 4 (2025): November : Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/desentralisasi.v2i4.1080

Abstract

Batam City, as an industrial hub in the Riau Islands Province, plays a vital role in the region’s economic growth. However, a surge in inflation can affect investment interest, as investors tend to avoid areas with economic uncertainty. One of the main contributors to inflation in Batam is the food component, which experiences high demand, especially during certain periods such as religious holidays and the arrival of international tourists. Batam, which is not a food-producing area, faces significant challenges in meeting agricultural needs and currently remains dependent on supplies from outside the region. Geographic constraints, such as inefficient logistics, weather disruptions, and institutional weaknesses in the food sector, further aggravate inflation control efforts. In addition, hilly terrain and less fertile land limit the types of crops that can be cultivated, making food price stability critically important. This study aims to evaluate the effectiveness of the Low-Cost Market Operation Team Program (Tim Operasi Pasar Murah) in Batam City in 2024. The method used is Sequential Explanatory Design with a mixed-methods approach. Quantitative findings indicate that the average success rate of the program is 85.93%, with a target achievement rate of 90.12% and a satisfaction level of 86.11%. Qualitative results suggest that the policy of conducting low-cost market operations has been appropriate and carried out by authorized institutions, with strong collaboration between the government and the private sector. The program has succeeded in maintaining price stability ahead of the fasting month and Eid al-Fitr, receiving positive responses from the community and demonstrating good internal coordination. In conclusion, the low-cost market operation program in Batam City has been effective in curbing inflation before the fasting month and Eid al-Fitr. However, for comprehensive inflation control, relying solely on this program is insufficient. Additional strategies are needed to ensure sustainable food price stability.
Pelaksanaan Restorative Justice dalam Penyelesaian Perkara Tindak Pidana Penganiayaan di Wilayah Hukum Kejaksaan Negeri Samarinda Ansar Fajar Pratama; Ivan Zairani Lisi; Insan Tajali Nur
Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan Vol. 2 No. 4 (2025): November : Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/desentralisasi.v2i4.1102

Abstract

The application of restorative justice in the Indonesian criminal justice system cannot be immediately implemented in all cases, particularly for assault crimes. This is due to limitations in implementation and inhibiting factors that arise in the field. Facts show that some law enforcement officers are still less than optimal in expediting the restorative justice process. This condition creates legal uncertainty and anxiety, especially for prosecutors handling cases. This situation also impacts the prosecutor's position, which could be questioned by superiors and supervisory committees if case resolution does not proceed according to regulations. This study uses a socio-legal research approach to examine two main issues. First, the author analyzes the implementation of restorative justice in resolving assault cases in the jurisdiction of the Samarinda District Attorney's Office. Second, the author identifies obstacles faced in implementing restorative justice in that jurisdiction. Based on the results of the study, 14 cases of assault were handled. Of these, 11 cases were successfully resolved through restorative justice mechanisms, while 3 cases were declared failed. This failure is generally influenced by the failure to meet several important requirements, including: the perpetrator being a recidivist or having previously committed a crime, a sentence exceeding five years, the absence of a peace agreement between the perpetrator and the victim, and the perpetrator's failure to fulfill their obligation to provide compensation. Therefore, it can be concluded that although restorative justice plays a crucial role in achieving a more humane and equitable resolution of cases, its implementation still faces structural and technical obstacles. Consistent efforts by law enforcement and increased understanding of the concept of restorative justice are needed for this mechanism to operate effectively, provide legal certainty, and address the community's need for justice.
Analisis Aspek Kriminologi dalam Tindak Pidana Pelanggaran Hak Merek sebagai Kejahatan Ekonomi yang Mengganggu Perlindungan Hukum dan Keadilan Sosial Moh Zulham Sidiq
Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan Vol. 2 No. 2 (2025): Mei : Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/desentralisasi.v2i2.1110

Abstract

 A brand is one of the most valuable intellectual assets in the business sector, serving not only as a product identity but also as a reflection of reputation and quality. However, the increasing phenomenon of brand infringement indicates the urgent need for stronger and more effective legal protection. Brand infringement brings various negative consequences, including loss of consumer trust, unfair competition, and significant financial losses for brand owners. This study aims to analyze brand infringement from a criminological perspective, identify causal factors, and evaluate the role of law in addressing such violations. The research employs normative legal methods through analysis of statutory regulations, legal and criminological theories, and a literature-based approach using secondary data obtained from books, journals, and legal documents. The findings reveal that criminology provides relevant insights through theories such as Rational Choice Theory, which explains that perpetrators calculate the risks and benefits before committing the violation, and Anomie Strain Theory, which highlights how the inability to achieve economic or social goals legally can drive individuals or groups to commit brand infringement. The classification of violations includes imitation, counterfeiting, misuse, and unlawful exploitation of brand rights. Several causal factors were identified, including weak legal supervision, limited enforcement, and the high consumer demand for cheaper counterfeit products. Furthermore, the study underlines the essential role of the criminal justice system in addressing brand infringement through the enforcement of criminal, civil, and administrative sanctions as regulated under Law Number 20 of 2016 on Trademarks and Geographical Indications. In conclusion, brand infringement is not merely a legal issue but also a criminological problem that requires comprehensive handling through effective law enforcement, stronger supervision, and increased public awareness to protect intellectual property and ensure fair business practices.
Pengaruh SOP dan Sarana Prasarana terhadap Efektivitas Layanan Wajib Lapor Klien Dewasa PB di Balai Pemasyarakatan Kelas 1 Jambi Bella Debora; Yenny Yuniarti; Fitri Widiastuti
Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan Vol. 2 No. 4 (2025): November : Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/desentralisasi.v2i4.1168

Abstract

This study aims to determine the influence of Standard Operating Procedures (SOP) and Facilities and Infrastructure, both partially and simultaneously, on the Effectiveness of Public Services for adult parole clients at Balai Pemasyarakatan (Bapas) Class I Jambi. The research employs a quantitative method with a descriptive approach to systematically and measurably describe the relationships among variables. Data were collected through questionnaires distributed to 90 respondents selected using the simple random sampling technique, ensuring equal opportunities for all participants to be included in the sample. The data were analyzed using multiple linear regression analysis to test the effect of each variable on service effectiveness. The findings reveal that both partially and simultaneously, SOP and Facilities and Infrastructure have a positive and significant effect on the effectiveness of public services. Among the two variables, Facilities and Infrastructure exert a more dominant influence, highlighting the importance of adequate resources in improving service quality. Meanwhile, the implementation of SOPs needs to be further optimized to make a more substantial contribution to enhancing the effectiveness of public service delivery for adult parole clients at Bapas Class I Jambi.
Analisis Hukum Islam Mengenai Perbedaan Hak Waris antara Anak Kandung dan Anak Angkat dalam Hukum Adat Batak Toba Grace Claudia Valerina Saragih; Kevin Cornelius Manurung; Mhiranda Theresia Sitorus; Syuratty Astuti Rahayu Manalu
Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan Vol. 2 No. 4 (2025): November : Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/desentralisasi.v2i4.1184

Abstract

The distribution of inheritance is an important issue in Indonesian society which adheres to a plural legal system, namely Islamic law, customary law, and western civil law. One of the issues that often raises differences of opinion is the position of biological children and adopted children as heirs. In Islamic law, the right to inherit is based on the relationship of the nasab so that the biological child gets a clear share, while the adopted child does not have the right to inherit but can still be given a share through a grant or obligatory will. In contrast, Toba Batak customary law emphasizes the patrilineal principle, whereby sons, including legitimate adopted children through mangain customary ceremonies, are positioned as the successors of the clan and are entitled to inheritance except hereditary inheritance. This study uses a literature study method by examining literature related to Islamic law and Batak Toba customary law and qualitatively analyzed. The results of the study show that the difference in principles between these two legal systems gives birth to social and legal conflicts in the Batak Muslim society, especially when religious and customary values must be carried out together. However, opportunities for harmonization remain open through the application of the principle of justice that recognizes the position of adopted children in customary structures, as well as upholding sharia by granting rights through the mechanism of compulsory wills. These findings emphasize the need for an integrative approach in resolving inheritance disputes in order to create legal certainty, social justice, and maintain cultural and religious harmony.
Analisis Hukum Pernikahan Turun Ranjang dalam Perspektif Hukum Islam Ameytia Rizka Aulia; Benediktus Josua Gea; Despri Mariyani Siahaan; Olivia Hana Putri Nababan; Syuratty Astuti Rahayu Manalu
Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan Vol. 2 No. 4 (2025): November : Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/desentralisasi.v2i4.1188

Abstract

The “turun ranjang” marriage is a traditional practice found in several Indonesian ethnic groups, in which a man marries the younger sister of his deceased or divorced wife. This tradition aims to maintain family harmony, protect children, and preserve kinship ties. From the perspective of Islamic law, such a marriage is permissible as long as it fulfills the legal requirements and pillars of marriage, including the presence of a guardian, witnesses, mutual consent, and the absence of coercion. However, if any of these conditions are not met, the marriage may be considered invalid according to Islamic law. While this tradition has positive aspects such as preventing adultery and preserving family unity it may also lead to social conflict when performed under pressure or without full consent. Therefore, it is essential for those involved to seek guidance from Islamic scholars or legal experts to ensure the marriage aligns with religious principles and promotes family harmony. Overall, the “turun ranjang” marriage can be accepted if conducted with sincerity, awareness, and compliance with Islamic law.
Diplomasi Indonesia-Filipina dalam Memperkuat Kesatuan ASEAN dan Tantangan Politik Regional Satrio Ramadhan; Elly Nurlia
Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan Vol. 2 No. 4 (2025): November : Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/desentralisasi.v2i4.1203

Abstract

This article explores the strategic role of bilateral diplomacy between Indonesia and the Philippines in strengthening ASEAN unity amidst regional political challenges. Using a qualitative research approach with descriptive analysis, it examines how diplomatic cooperation on security, conflict resolution, and economic collaboration has contributed to regional stability and integration. The study highlights Indonesia's role in mediating internal conflicts in the Philippines and joint efforts in maritime security. Despite geopolitical tensions and domestic political changes, the bilateral relationship remains crucial for ASEAN's resilience and cohesion. The findings emphasize the importance of sustained diplomatic engagement for fostering regional solidarity and addressing emerging global challenges.

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