cover
Contact Name
Rengga Kusuma Putra
Contact Email
garuda@apji.org
Phone
+6285726173515
Journal Mail Official
febri@apji.org
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
Desentralisasi: Jurnal Hukum, Kebijakan Publik, Dan Pemerintahan
ISSN : 3063279X     EISSN : 30632803     DOI : 10.62383
Core Subject : Social,
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 136 Documents
Tanggung Jawab Notaris atas Penyerahan Sertipikat Tanah Tanpa Kata Sepakat para Pihak Maygi Angga Siswantoro; Sri Astutik; Subekti Subekti
Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan Vol. 1 No. 3 (2024): 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.v1i3.339

Abstract

In various business relationships, activities in banking, land, social activities, etc., the need for written evidence in the form of authentic deeds is increasing in line with the growing demand for legal certainty in various economic and social relationships, both at the national, regional and regional levels. and globally. Through an authentic deed that clearly determines rights and obligations, guarantees legal certainty, and at the same time it is hoped that disputes can be avoided. Even though these disputes cannot be avoided, in the process of resolving disputes, authentic deeds which are the strongest and most complete written evidence make a real contribution to resolving cases cheaply and quickly. The objectives to be achieved in the research are:To find out the qualifications of unlawful acts for the actions of a Notary who has handed over a land certificate for the object of sale and purchase without the agreement of the parties. And to find out that the Notary who submitted the Deed of Sale and Purchase without an agreement violated the notary's oath of office.Notaries have an obligation to act in a trustworthy, honest, thorough, independent, impartial manner and safeguard the interests of parties involved in carrying out legal actions. In accordance with the provisions of Article 85 UUJN, the sanctions that can be imposed on a Notary are verbal warning, written warning, temporary dismissal, honorable dismissal, or dishonorable dismissal. Committing other acts which are generally referred to as violations of the Notary's Code of Ethics
Kedudukan Majelis Penyelesaian Perselisihan Medis Dalam Undang - Undang Nomor 17 Tahun 2023 Tentang Kesehatan Perspektif Tujuan Hukum Gustav Radbruch Muhammad Muzakky Zain Ali; Noenik Soekorini; Syahrul Borman
Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan Vol. 1 No. 3 (2024): 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.v1i3.340

Abstract

Law Number 17 of 2023 concerning Health brings significant changes in the handling of medical professional errors in Indonesia. This research aims to analyze the mechanism for the formation and authority of the Medical Dispute Settlement Council as well as the role of the state in Gustav Radbruch's legal perspective. The research method used is a normative juridical approach with descriptive analysis. The research results show that this law integrates various previous regulations, establishing a permanent or ad hoc assembly to uphold ethical standards and professionalism for health workers. The Assembly is tasked with handling complaints and alleged disciplinary violations before they enter the realm of criminal law, offering fairer and more efficient dispute resolution through a restorative and non-litigation approach. The role of the state is very important to guarantee justice, legal certainty and benefits, ensure that the assembly operates fairly and transparently, and provides fair legal protection for patients and medical personnel.
Legal Responsibility for Type C Mining Activities : a Study in Gondang District, Mojokerto, Indonesia Mustiko Romadhoni Putro Widodo; Dudik Djaja Sidarta; Subekti Subekti
Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan Vol. 1 No. 3 (2024): 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.v1i3.341

Abstract

mining activities are an important sector in the extractive industry which has the potential to make a significant economic contribution. However, in Gondang sub-district, Mojokerto Regency, East Java, C excavation mining activities also face challenges in terms of legal accountability. This research aims to analyze legal aspects related to the accountability of C excavation mining business actors in the area. The research methods used are literature studies and interviews with related parties, such as local government, business actors and the community. The research results show that there are a number of legal problems related to licensing, implementation of activities, and environmental impacts. Business actors often ignore legal obligations related to business permits, environmental protection and corporate social responsibility. The monitoring and law enforcement system at the local level also still experiences obstacles which result in a lack of effective sanctions for violations. Recommendations from this research include increasing coordination between relevant parties, implementing stricter environmental audits, and stricter law enforcement to ensure compliance with applicable regulations. With these steps, it is hoped that excavation C mining activities in Gondang District can take place sustainably and provide optimal benefits without harming the environment and society.
Pertanggungjawaban Tindak Pidana Perbankan Perspektif Hukum Pidana dan Undang-Undang Perbankan Anggar Ramadhani Yudhistira; Nur Handayani; Wahyu Prawesthi
Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan Vol. 1 No. 3 (2024): 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.v1i3.342

Abstract

Criminal acts in the banking sector are defined as all types of unlawful acts related to activities in carrying out bank business activities and intersect with the provisions of laws and regulations containing special criminal law and general criminal law. The purpose of this study is to determine the Accountability for Banking Crimes from the Perspective of Criminal Law and Banking Law. Using the Normative Juridical method.The practice or mode of violation of the bank procedure system carried out by bank employees and resulting in banking crimes is carried out with the following characteristics: Banking crimes are always followed by violations of the bank procedure system.In the event of a violation of the bank procedure system and resulting in a crime in the banking sector, the bank as a corporation cannot be held criminally responsible for the crime committed by bank employees because of banking laws and regulations, especially Article 49 of Law No. 10 of 1998 limits the perpetrators to individuals only, namely Directors, Commissioners or Bank Employees. In the event that the impact of the act is detrimental to the bank's customers concerned, then the responsibility that can be demanded of the bank as a corporation is civil responsibility.
Analisis Keberhasilan Kabupaten Kepulauan Meranti Pasca Pemekaran Daerah di Bidang Ekonomi dan Pelayanan Publik Oges Susfita Putri; Nathasia Angelina Saragi; Sella Oktapatika; Calvin Antony; Aditya Saputra
Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan Vol. 2 No. 1 (2025): 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.v2i1.373

Abstract

The success of Meranti Islands Regency after the expansion of Bengkalis Regency which occurred on December 19 2008, with a focus on the economic sector and public services. Even though there are several indicators of better economic performance compared to the parent region, the overall economic growth of Meranti Islands Regency is still lagging behind. On the public service side, even though it shows more positive results, there are several indicators that are still lower than Bengkalis Regency. This research uses literature studies to identify the challenges and performance of the Meranti Islands Regency, including the problem of fiscal dependence and suboptimal regional financial management. Public services in this area have not been effective due to inefficient use of funds, lack of public service energy, and service utilization that has not been maximized. Despite the accessibility of public services.
Implementasi Kebijakan Pengupahan Oleh Dinas Tenaga Kerja Kota Tasikmalaya Muhammad Fahmi Ashiddiqi; Mawar Mawar
Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan Vol. 2 No. 1 (2025): 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.v2i1.382

Abstract

This research is motivated by the lack of optimal implementation of wages in accordance with the basic minimum wage in Tasikmalaya City. The problem that was found was the lack of information about the amount of the City Minimum Wage that the company must provide to employees. The purpose of this study is to find out how the implementation of the Governor of West Java Regulation regarding the determination of the provincial minimum wage and the city minimum wage, and then the researcher also wants to know the extent of the policies of the Tasikmalaya City Government, especially the Tasikmalaya City Manpower Office, in realizing Law N0 13 of 2003 concerning Manpower. This study uses a qualitative method with a descriptive approach. The data obtained was carried out by observation, interviews, and documentation. The theory used in the analysis is the Van Metter and Van Horn Theory which consists of several indicators, namely: a) Policy Standards; b) Resources; c) Relations between Organizations; d) Characteristics of the implementing agent; e) Economic, social and political environmental conditions; f) the disposition of the executor. The results of the study show that policy standards and objectives have not felt a significant impact from existing regulations. Then human resources, budget, and materials at the Tasikmalaya City Manpower Office have not run optimally. Relations between organizations have gone quite well. The characteristics of the implementer have not been properly implemented, especially to the labor union. The disposition of the implementer has carried out programs that have referred to the needs of wages in the lake city, but there needs to be realistic and preventive measures taken in an effort to socialize wages and employment. Likewise, economic, social and political conditions that are quite supportive of the implementation of wages where the lake area itself has supporting human resources and natural resources.
Strategi Indonesia dalam Menangani Kasus Illegal Fishing di Wilayah Perairan Natuna Ririn Atifa Naila; Imam Fadhil Nugraha
Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan Vol. 2 No. 1 (2025): 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.v2i1.384

Abstract

Natuna waters are the most vulnerable area to illegal fishing because there is abundant potential for fishery resources. It was recorded that from May to December 2016, there were 280 foreign vessels in Natuna waters, which resulted in economic losses of 2.98 trillion Rupiah. This study aims to examine and assess the policies and actions that the Indonesian government has implemented in overcoming illegal fishing activities in the area. The results of this study are that the Natuna Waters Area is part of the Indonesian Archipelago Sea Lane (ALKI) and functions as a global waterway. The Natuna Waters Area borders with neighboring countries and is connected to open waters, making it vulnerable to illegal fishing activities. The Indonesian government's strategy in dealing with cases of unlawful fishing in Natuna waters effectively increases the protection of state sovereignty and marine resources through policies such as sinking ships and maritime diplomacy. However, this implementation policy overcomes obstacles in the form of intimidation from other countries, such as China, and weaknesses in supervision and coordination between domestic institutions, which can affect microorganisms in fisheries management and maritime security in the area.
Perlindungan bagi Hak Perempuan Masyarakat Adat Hindu Bali dalam Hal Pewarisan Nadia Faizah Putri Devina; Era Titis Cahya Rani; Alanda Aldora Lamandiri
Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan Vol. 2 No. 1 (2025): 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.v2i1.385

Abstract

Inheritance law in Indonesia has three directions, namely customary law, civil law and Islamic law. This journal article discusses one of the inheritance laws, namely customary inheritance law. The writing of this journal article aims to examine how the protection and process of obtaining inheritance rights for women in Balinese Hindu customary society, which adheres to the patrilineal system. The research method used is a normative legal research method with two approaches, namely a statutory approach and a conceptual approach. Data collection uses doctrinal which is by examining, analyzing and identifying knowledge contained in reading sources in the form of reference books, journals or previous research as research support. Based on the results of the study, it shows that under customary inheritance law, women are generally not entitled to inherit property, but only enjoy the inheritance of parents or husbands. However, they can obtain inheritance rights through grants, marital gifts (jiwa dana), or changing their status to male (sentana rajeg).
Upaya Indonesia Menjaga dan Meredam Konflik Diwilayah Laut NKRI Terutama Diwilayah Perbatasan Laut Cina Selatan Dikawasan Natuna Kepulauan Riau Rahmadhan Tri Syahputra; Syafira Caesar Rani; Zada Idderigsa
Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan Vol. 2 No. 1 (2025): 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.v2i1.386

Abstract

In writing this journal, I as the writer want to describe and present topics regarding issues that are often hot and often become conflicts in our country, the Republic of Indonesia, regarding the border area at the tip of the northern region of Indonesia or what is widely known to the general public is called "Indonesia's outermost islands" or what many of us know as Natuna Island, which is directly adjacent to neighboring countries and directly borders the South China Sea, this is also what often triggers conflicts over state regulations over maritime territories. As an example, we most often know about the number of fishermen from neighboring countries such as Vietnam, the Philippines and Myanmar who smuggle into the seas of the Republic of Indonesia illegally and without official permission and then take the wealth and marine products that Indonesia itself owns. This also causes things such as smuggling of goods and prohibited items to pass through urgent areas such as Natuna Island. The purpose of writing this journal is to describe the steps and efforts taken by the Indonesian state to defend and protect its territorial sovereignty and rights as they should. Based on several articles and news circulating in the Indonesian mass media regarding conflicts and problems that often occur and the most hot news is regarding Indonesia's sea which is considered strategic and has several times wanted to be claimed by neighboring countries.
Optimalisasi Distribusi Dana APBN Ke Daerah Otonom Aldo Yanuarto; Muhammad Syahbintang Maesa Putra; Novita Angraeni
Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan Vol. 2 No. 1 (2025): 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.v2i1.387

Abstract

Optimizing the distribution of State Revenue and Expenditure Budget (APBN) funds to autonomous regions is a strategic step to accelerate equitable development, improve public services, and encourage regional independence. Fund transfers such as the General Allocation Fund (DAU), Special Allocation Fund (DAK), and Profit Sharing Fund (DBH) play a central role in supporting infrastructure development and developing local potential. However, the implementation of fund distribution faces challenges such as imbalances in allocation between regions, low planning accuracy, and weak synergy between central and regional governments. This research uses normative legal methods to analyze regulations and fund management strategies, with case studies of regions that have successfully utilized APBN funds. The study highlights the critical role of efficiency, transparency, and effective supervision.

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