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Indonesian State Law Review (ISLRev)
Published by Universitas Negeri Semarang
ISSN : -     EISSN : 26548763     DOI : https://doi.org/10.15294/islrev
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Indonesian State Law Review (ISLRev) (Online ISSN: 2654-8763 and Print ISSN: 2654-3125) is a peer-reviewed journal for discourse on Indonesian administrative and constitutional law published biannually (April & October) since 2018 by the Universitas Negeri Semarang (UNNES), Indonesia and managed by Department of Administrative and Constitutional Law, Faculty of Law Universitas Negeri Semarang
Arjuna Subject : Ilmu Pengambilan Keputusan (semua kategori) - Ilmu Pengambilan Keputusan (Lain-Lain)
Articles 82 Documents
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Implications of Emptying the Religion Column on the Identity Card for the Fulfillment of the Constitutional Rights of the Baha'i People Anna Kostantia Panjaitan
Indonesian State Law Review Vol. 1 No. 1 (2018): Indonesian State Law Review, October 2018
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/islrev.v1i1.22958

Abstract

Religion's column is important are mandatory in the civil certificate, eg Identity Card. Discharging the column of religion in the National Identity Card made Baha'i faiths feel equivalent to Atheism. The purpose of this study to examine why people do not want to Baha'i religion column in the Identity Card emptied and the implications of emptying the religion column on the fulfillment of the constitutional rights of Baha'i. This study uses sociological juridical, with qualitative research approach. Sources of data in this study were obtained from a source of primary data and secondary data sources. The primary data obtained through interviews and documentation. While the secondary data is legislation, books, law journals, and previous research. The results showed that (1) People do not want to Baha'i religion column in the National Identity Card emptied because this is a violation of their constitutional rights as citizens of Indonesia, which is the constitution of his rights protected by the state. (2) The implications of emptying the column of religion in the identity cards of the constitutional rights of Baha'i to fulfill the marriage certificate, certificate of birth for children Baha'i. Discharging the column of religion in the National Identity Card is a violation of constitutional rights. It is very significant impact on the fulfillment of the constitutional rights of Baha'i.
Harmonization of Natural Resource Utilization Rights by Indigenous Peoples in the Indonesian Legal System Yunia Indah Setiawati
Indonesian State Law Review Vol. 1 No. 1 (2018): Indonesian State Law Review, October 2018
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/islrev.v1i1.22961

Abstract

The problem of natural resources aspects involving the indigenous people with the goverments and stakeholders become more sorious. The indigenous people’s position as the minority groups frequently experiencing suppression as the effect of the inforcement of a legislation. Some laws governing the natural resources and communal rights of the indigenous people are not compliance with UUPA as the main law governing the natural resources. According to the facts above, the writer conducted a research using the theory of law harmonization to find the point of problems with the aim of making it easier for the goverments to fix what should be fixed. This normative juridicial research used the method of data collection such as library reserach with the main sources were literature materials and used the research approecher such as statue approach and anality approach. The result of research indicated that there were law disharmony and inconsistent norm toward UUPA because it did not fully elaborated the contains. Many norms overtapped and potentially excluded the communal rights of the indigenous people in using the natural resources were still extremely weak and it caused material and immaterial losses for them.
Ex Ante Review in Realizing the Constitutionality of Laws and Regulations in Indonesia Desy Wulandari
Indonesian State Law Review Vol. 1 No. 1 (2018): Indonesian State Law Review, October 2018
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/islrev.v1i1.22963

Abstract

This study aimed to describe the constitutional test models in France and in Indonesia and the prospect of application of the ex ante review in realizing the constitutionality of laws and regulations in Indonesia. The method used by the author is using a normative juridical approach of comparative law. The results showed that the ratio of the most influential position is on the object and the subject of testers. Indonesia's Constitutional Court is subject testers incorporated as a judicial body with the test object in the form of legislation that has been passed and enacted. Whereas in France the Constitutional Council is the subject of testers incorporated as a quasi-judicial body with the test object in the form of draft legislation which has not been enacted. prospects for application of the ex ante review with a name elaborates the basic models of constitutional previews should be considered for implementation in Indonesia, with two alternatives, namely the preview is done by the Constitutional Court or preview conducted by the Legislative Board. This concept is done by a process when a bill has been discussed is obliged to do a preview for the legislation and are non obliged organic law for the non-organic statute law. but the weakness that really stands out is that there is an overlap principle of checks and balances adopted by Indonesia when it is done by the Constitutional Court, and if done by the Legislative Body the authority or the task is still within the scope of the legislature so that they made possible many there is a discrepancy between the bill with Tests of the 1945 Constitution of the draft legislation before it was passed and enacted, consideration of alternative solutions to minimize the unconstitutionality of a law that has been in effect. To accommodate it necessary to do some changes to the 1945 Constitution and the Act governing the MPR, DPR, DPD and DPRD
Implementation of Law Number 14 of 2008 concerning Public Information Disclosure in Realizing Good Governance Bertania Rizqi Triayuni
Indonesian State Law Review Vol. 1 No. 1 (2018): Indonesian State Law Review, October 2018
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/islrev.v1i1.22964

Abstract

Village asset management is very important in improving rural development and development and can realize good governance. Village asset management that is carried out in accordance with its competence and existing laws and regulations can realize good governance. In this study the author takes the formulation of the problem as follows: First, How is the application of Village asset regulations in realizing good governance in the Kandangmas Village, Dawe District, Kudus Regency? Second, What are the obstacles in implementing Village asset management in Kandangmas Village, Dawe District, Kudus Regency? This study uses the foundation of management theory and good governance as the basis for the management of village assets in Kandangmas Village. The principle of accountability from the concept of good governance is the principle of accountability of government in carrying out good governance affairs. The method used is a qualitative legal approach. This type of research is juridical-sociological. The focus of this research is to describe the implementation of Village asset management in Kandangmas Village. The study location was in Kandangmas Village, Dawe District, Kudus Regency. Research data sources use primary, secondary and tertiary data. Data collection techniques in the study are interviews, literature and documentation. Data validity in this study uses triangulation techniques in the form of source triangulation, technical triangulation and time triangulation. Analysis of this research data by examining all available data from various sources and then drawing a conclusion. Village asset management in Kandangmas Village still uses Kudus Regency Local Regulation Number 9 of 2008 concerning Amendment to the District Regulation Number 17 of 2006 concerning Village Finance as a basic guideline for managing village asset management. Village asset management practices only use the asset inventory stage. In the research principle of accountability the principle of accountability is that the village government must be responsible for the management of village assets. The constraints are only external and internal in the management of village assets in the Kandangmas Village, Dawe District, Kudus Regency. The conclusions of this study are Village asset management held in Kandangmas Village, Dawe District, Kudus Regency, which has not shown a good government in managing Village assets, because accountability principles have not been fulfilled in the concept of good governance and not in accordance with Laws and Regulations governing Village assets management . The Kandangmas Village Government immediately drafted a special Village regulation to regulate about Village asset management as a legal basis so that it can realize good governance in Kandangmas Village.
Authority of the Audit Board of the Republic of Indonesia in Examining Regional Government Performance Dian Puspita Warih
Indonesian State Law Review Vol. 1 No. 1 (2018): Indonesian State Law Review, October 2018
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/islrev.v1i1.22965

Abstract

Performance audits (performance audits) are carried out due to public dissatisfaction with financial audits which only assess the fairness of financial statements. Performance checks are also carried out because many government performances are often in the public spotlight due to the large number of reports regarding cases of corruption, collusion and nepotism (KKN). So there is a need for research on performance audits conducted by the Audit Board of the Republic of Indonesia (BPK). The purpose of this study is to describe the implementation of the authority of the BPK Representative Office of Central Java Province in examining performance from aspects of economy, efficiency and effectiveness and to describe the division of tasks between BPK as an external auditor and the Government Internal Supervisory Apparatus (APIP) as an Internal Auditor in carrying out performance audits. . This study uses a qualitative approach with the type of Juridical Sociological research. Data collection techniques include interviews and document studies with BPK representatives of Central Java Province and DPRD Central Java Province. The performance audit is carried out by the BPK Representative for Central Java Province in semester 2 (July-November) in three stages, namely the audit planning stage, the audit implementation stage and the performance inspection reporting stage and providing recommendations. It can be seen that the results of performance audits in the Regional Government of Central Java Province have met the economic, efficiency and effectiveness aspects. The economic aspect is based on the fulfillment of criteria that have been determined and mutually agreed upon by the BPK and the Regional Government. The efficiency aspect is based on the fact that the local government has optimally used the available inputs so that the expected goals are achieved. The aspect of effectiveness can be seen from the limitations of the budget deficit and the budget allocation in the regional budget regulation in accordance with applicable regulations. The division of tasks between BPK and APIP is contained in the implementation of performance checks and follow-up. BPK conducts performance checks and provides recommendations, then APIP uses its internal oversight and guidance function to follow up on the recommendations made by BPK to entities. Through the existence of APIP, it can be seen that BPK is greatly assisted in the process of carrying out performance audits.
Measuring the Impact of Implementing the Presidential Threshold in the 2019 Concurrent Elections Ayon Diniyanto
Indonesian State Law Review Vol. 1 No. 1 (2018): Indonesian State Law Review, October 2018
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/islrev.v1i1.22967

Abstract

The implementation of the 2019 Election and the stages of its implementation cannot be separated from various issues or polemics. Many polemics occur starting from the regulatory side, general implementation, up to technical matters. The birth of new regulations related to the Election was colored by a polemic of the presidential threshold. Law Number 7 of 2017 concerning General Elections as a single regulation at the law level in organizing Elections cannot be separated from controversy. Many people respond to the pros and cons. The pros and cons response is focused on several things, one of which is the presidential threshold. The polemic or pros and cons associated with the presidential threshold in the community actually contain big question marks. First, the big question is whether the presidential threshold contained in Law Number 7 of 2017 concerning General Elections is in accordance with the constitution? considering the law is a translation of the constitution. Second, is the presidential threshold set forth in Law Number 7 of 2019 in accordance with the wishes of the community or not detrimental to the community? considering the law is aimed at regulating the aspirations of the community.
Tasks of the Drafter of Legislation in Forming Regional Regulations (Study of the Implementation of Government Regulation Number 59 of 2015) Ahmad Luthfi
Indonesian State Law Review Vol. 1 No. 2 (2019): Indonesian State Law Review, April 2019
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/islrev.v1i2.22973

Abstract

The formation of regional regulations can involve drafters of laws and regulations in accordance with Article 98 of Law number 12 of 2011 concerning Formation of Legislation and strengthened by Government Regulation number 59 of 2015 concerning Participation of Drafters of Legislation in Forming Legislation and the builder. This study aims to describe the tasks of drafting laws and regulations in the formation of regional regulations and the influence of drafters of statutory regulations at the Regional Office of the Ministry of Law and Human Rights in Central Java on the formation of quality regional regulations. The research method uses qualitative research and an empirical juridical approach. Primary data obtained from interviews and observations, secondary data obtained from documents and photographs. The results of this study indicate that the Drafter of Legislation can follow every stage of the process of forming regional regulations in accordance with the mandate of the applicable law and is further confirmed through a cooperation agreement between the authorized agencies. The participation of Drafters of Legislation in the formation of regional regulations does not affect whether the regional regulations made are legal or not.
The Role of the Village Consultative Body in Oversight of the Village Revenue and Expenditure Budget Based on Law no. 6 of 2014 concerning Villages Metry Widya Pangestika
Indonesian State Law Review Vol. 1 No. 2 (2019): Indonesian State Law Review, April 2019
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/islrev.v1i2.22974

Abstract

This study aims to analyze the implementation of the role of Badan Permusyawaratan Desa (BPD) in monitoring the management of APBDes based on Law No. 6 of 2014 on Villages and the impact on APBDes Management by taking a case in Gemiringlor Village, Nalumsari District, Jepara District. The research method is sociological juridical. The results of this study indicate that the implementation of the role of BPD as a supervisor or controller of village administration performance in terms of preparing and managing APBDes in Gemiringlor Village, Nalumsari Subdistrict, Jepara Regency is not optimal due to limited Human Resources owned by the BPD deemed inadequate, the minimum salary received by the BPD from the Administration, the limited facilities and infrastructure as well as the lack of responsibility of the BPD for the main tasks and functions provided by Law No. 6 of 2014 concerning Villages. Law No. 6 of 2014 had an impact on the management of the APBDes by strengthening the politicization of the BPD to strengthen the control and legitimacy of the power of the village head and his apparatus. At the same time communication between the BPD and village Administration is carried out through village deliberations that can avoid head-to-head conflictual relations between the village's Chief and BPD. Indirectly, the relationship between the Village's Chief and BPD is a partnership to build a constructive cooperative relationship for the betterment of the village
Poverty Reduction Service Model in the Integrated Service Unit for Poverty Reduction (UPT-PK) of Sragen Regency Puguh Setyawan Jhody
Indonesian State Law Review Vol. 1 No. 2 (2019): Indonesian State Law Review, April 2019
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/islrev.v1i2.22975

Abstract

The focus of research is on poverty reduction service models based on education, health, social economy, and data integration as well as implementation constraints. The study uses a qualitative legal research approach to the type of sociological juridical research using interactive analysis models analysis. The problem of poverty is a complex multidimensional as a general social phenomenon that requires countermeasures, systematic handling, integrated, comprehensive. These efforts are used to reduce the burden and fulfill the basic rights of citizens appropriately to create a prosperous community life. The current poverty reduction models tend to be off-target, convoluted bureaucracy, weak monitoring and evaluation, overlapping authority, and budget waste. Therefore, the Sragen Regency Government established the Poverty Reduction Service Unit (UPT-PK). The unit is a cross-sectoral integrated service unit in carrying out poverty reduction to simplify and facilitate the poor to access various government programs intended for them. Poverty alleviation is the policy of the Sragen Regency Government in realizing community welfare.
The Existence of Village Regulations as a Realization of Good Governance in Development Implementation (Study in Putatgede Village, Ngampel District, Kendal Regency) Ulfia Pamujiningsih
Indonesian State Law Review Vol. 1 No. 2 (2019): Indonesian State Law Review, April 2019
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/islrev.v1i2.22976

Abstract

The concepts and theories used in this study are the concept of good governance, Stufenbau theory, development model theory, and economic theory based on Pancasila. The research approach is qualitative law with a type of juridical-sociological research. village development. Data sources use primary, secondary, and tertiary data sources with data collection techniques in the form of interviews, documentation, and observation. The records are then checked for validity through data validity with triangulation techniques and using data analysis with qualitative analysis. Putatgede Village Administration has promulgated eleven Decree for 2016 with details of five of them in the field of development. Putatgede Village development priority is used for infrastructure development because the majority of the village community with a total of 719 (per head of family) is a food crop farming family. The results showed the existence of Village Regulations in the field of development implementation can realize good governance which includes the principles of legal certainty, orderly governance, public order, openness, proportionality, professionalism, accountability, effectiveness and efficiency, local wisdom, diversity, and participatory. The Putatgede Village development model based on village regulations is Pancasila-based economic development with a sustainable development approach. The conclusions of this study are (1) indicators of good governance through the implementation of Article 24 of Law Number 6 of 2014 concerning Villages that have been implemented well; (2) The model of community economic development is implemented by placing the village community as the subject and object of development. Suggestions for this research are (1) the recommended training on good governance for the Village Government; (2) the need for additional economic activities in Putatgede Village, especially the development of micro, small and medium enterprises.

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