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INDONESIA
Jurnal Hukum, Administrasi Publik dan Negara
Published by Asosiasi Peneliti dan Pengajar Ilmu Sosial Indonesia
ISSN : 30637872     EISSN : 30637864     DOI : 10.62383
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Hukum, Administrasi Publik dan Negara, Jurnal ini ditujukan untuk publikasi artikel ilmiah yang diterbitkan oleh Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia, Jurnal ini menjadi platform penting untuk mendiskusikan interaksi yang kompleks antara hukum, administrasi publik, dan peran negara dalam berbagai konteks hukum dan kebijakan. Dengan fokus pada kerangka kerja hukum yang mengatur tata kelola publik, artikel-artikel dalam jurnal ini menjelajahi isu-isu yang berkaitan dengan perlindungan hak, keadilan, transparansi, dan akuntabilitas dalam administrasi publik.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 108 Documents
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Strategi Pengembangan BUMDesa Melalui Optimalisasi Lahan Desa sebagai Upaya Peningkatan Pendapatan di Desa Turi Kecamatan Turi, Kabupaten Lamongan Wahyu Eko Sapuhtra; Widyawati Widyawati; Nihayatus Sholicah
Jurnal Hukum, Administrasi Publik dan Negara Vol. 2 No. 4 (2025): Juli : Jurnal Hukum, Administrasi Publik dan Negara
Publisher : Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/hukum.v2i4.411

Abstract

This article discusses the development strategy of Village-Owned Enterprises (BUMDesa) through the optimization of village land in Turi Village, Turi District, Lamongan Regency, as an effort to sustainably increase village income. The potential of village land, including agricultural, fishery, and marginal lands that have not been utilized optimally, serves as the main focus for economic development initiatives. A qualitative approach with case study methodology is employed to explore in-depth the strategies, challenges, and opportunities faced by Turi BUMDesa in managing these assets. The study emphasizes the importance of professional, innovative, and participatory asset management supported by collaboration among stakeholders such as local government, community members, BUMDesa managers, and the private sector. Through identifying unique land potential, market analysis, and developing innovative business models such as agro-tourism, integrated agriculture, and renewable energy, BUMDesa is expected to create productive and sustainable economic activities. The main challenges include low land utilization, limited institutional capacity, and minimal innovation in business management. Therefore, capacity building, innovative business development, and strengthening cooperation are key to the success of this strategy. The development of BUMDesa based on land optimization in Turi Village is expected to enhance local income, strengthen community economic independence, and open new employment opportunities for villagers. Overall, this article emphasizes that proper and innovative asset management is crucial for achieving sustainable village development and improving community welfare evenly.
Collaborative Governance dalam Upaya Peningkatan Layanan Air Minum : Studi pada PDAM Kota Surabaya dan PT Sarana Multi Infrastruktur Rara Saulina Agatha; Galih Wahyu Pradana
Jurnal Hukum, Administrasi Publik dan Negara Vol. 2 No. 4 (2025): Juli : Jurnal Hukum, Administrasi Publik dan Negara
Publisher : Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/hukum.v2i4.427

Abstract

This study aims to analyze the effectiveness of collaborative governance between PDAM Kota Surabaya and PT Sarana Multi Infrastruktur (SMI) in improving drinking water services. The main research question is how this collaborative governance is implemented and what factors influence its effectiveness. Collaborative governance, according to Ansell and Gash's theory, is a joint decision-making process involving public and private sectors to achieve common goals. This approach enables synergy between government and private companies in addressing resource limitations. The research method used is a qualitative approach with a case study, through in-depth interviews, participatory observation, and document analysis. The results show that this collaboration improves the efficiency of clean water distribution, although there are challenges such as differing objectives and resource allocation. Factors such as trust, commitment, and effective communication play a crucial role in the success of the collaboration. The implications of this study highlight the importance of inclusive institutional planning and policy design that supports cross-sector collaboration to strengthen public service provision. This research contributes to the development of the collaborative governance concept in the drinking water supply sector and provides recommendations for government and private sectors to improve the quality of clean water services for the wider community.
Eksploitasi Lingkungan oleh Kampus: Tinjauan HR. Bukhari No. 479 dan RUU Minerba Pasal 51A Mohammad Ghozali; Tajul Arifin
Jurnal Hukum, Administrasi Publik dan Negara Vol. 2 No. 4 (2025): Juli : Jurnal Hukum, Administrasi Publik dan Negara
Publisher : Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/hukum.v2i4.433

Abstract

The policy of granting Mining Business Licenses (IUP) to universities under Article 51A of the Minerba Bill raises legal, ethical, and sustainability concerns. This study applies a qualitative approach through literature review to examine the provision from the perspectives of Indonesian law and Islamic teachings. The findings reveal that allowing universities to manage mining permits risks diminishing their academic role, compromising scholarly independence, and fostering potential conflicts of interest. From the standpoint of positive law, this policy contradicts the precautionary principle, social justice, and educational objectives enshrined in the 1945 Constitution, the Higher Education Law, and the Environmental Protection Law. In Islamic thought, irresponsible exploitation of natural resources is classified as fasād (corruption), strictly prohibited, as reflected in Hadith No. 479 narrated by Bukhari. The study concludes by rejecting the provision and recommends repositioning universities as guardians of sustainability values rather than participants in extractive industries.
Tinjauan Yuridis terhadap Penerapan Prinsip Good Corporate Governance (GCG) dalam Undang-Undang No. 40 Tahun 2007 terhadap Praktik Pasar Modal di Indonesia Mohamad Farhan Wahyudin
Jurnal Hukum, Administrasi Publik dan Negara Vol. 2 No. 4 (2025): Juli : Jurnal Hukum, Administrasi Publik dan Negara
Publisher : Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/hukum.v2i4.434

Abstract

Good Corporate Governance (GCG) is the main pillar in maintaining investor trust and capital market stability. In the midst of dynamic capital market developments, the principle of transparency and accountability is a key element in building public trust and ensuring investor protection. Law No. 40 of 2007 concerning Limited Liability Companies (UUPT) as the main legal framework for regulating corporate entities in Indonesia, has a strategic position in regulating the implementation of Good Corporate Governance (GGC) principles, especially in the capital market supported by public companies. This study aims to examine the legal implementation of transparency and accountability obligations in Good Corporate Governance (GCG) as regulated in the UUPT and linked to the obligations of public companies in the capital market. This study applies a normative legal approach with a descriptive analysis method to statutory regulations, legal literature, and literature studies from five journals and five relevant law books. The results of this study indicate that the UUPT has emphasized the responsibility of corporate organs in implementing the principles of openness and accountability. Therefore, stricter supervision and strict enforcement of sanctions are needed so that the principles of Good Corporate Governance are truly implemented in real terms.
Problematika Pendanaan Aset Danantara terhadap Rencana Investasi Negara Sebastian Alboen Sihombing; Reva Setianingsih; God Godsent; Urai Vidia
Jurnal Hukum, Administrasi Publik dan Negara Vol. 2 No. 4 (2025): Juli : Jurnal Hukum, Administrasi Publik dan Negara
Publisher : Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/hukum.v2i4.464

Abstract

This study aims to analyze the effectiveness of funding sourced from Danantara—a digital platform that manages state investment with funding support from state-owned bank customers—in supporting the acceleration of national development. In the context of state investment, collaboration between the Investment Management Institution (LPI) and state-owned financial institutions is important as a form of fiscal innovation and expansion of non-APBN financing sources. The method used is a qualitative descriptive approach with literature studies from various scientific journals and related laws and regulations. The results of the study show that Danantara has the potential to be a reliable, flexible, and sustainable long-term funding instrument. Through funds collected from state-owned bank customers, state investment can be focused on strategic sectors such as infrastructure, energy, and digitalization. However, its effectiveness is still faced with regulatory challenges, transparency of governance, and public literacy regarding state investment mechanisms. For this reason, it is necessary to strengthen regulations and synergy between financial institutions, as well as increase public trust so that Danantara can function optimally as the main supporter in realizing fiscal independence and national economic growth.
Inclusiveness of BUMDes Services through Service Quality Based on the SERVQUAL Model : Case Study in Daha Utara District Rusdi Rusdi; Ika Devi Pramudiana; Ferry Ramadhan; Sri Kamariyah
Jurnal Hukum, Administrasi Publik dan Negara Vol. 2 No. 4 (2025): Juli : Jurnal Hukum, Administrasi Publik dan Negara
Publisher : Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/hukum.v2i4.495

Abstract

Inclusive village development is a strategic priority in realizing the Sustainable Development Goals (SDGs), with Village-Owned Enterprises ( BUMDes ) as the driving force of the local economy. However, the participation of vulnerable groups—such as people with disabilities , the elderly, women, and the poor—is still limited in BUMDes services . This study aims to evaluate the quality of BUMDes services in Daha Utara District through the SERVQUAL (Service Quality) approach which includes five dimensions: tangibles , reliability , responsiveness , assurance , and empathy . The research method used is descriptive qualitative with a phenomenological approach . Data were collected through semi-structured interviews with three categories of participants: BUMDes managers , vulnerable groups, and community leaders. The results of the study indicate that physical facilities ( tangibles ) are not inclusive, service reliability is disrupted by limited human resources, and the assurance dimension has not been supported by ongoing training. Meanwhile, the responsiveness and empathy dimensions are relatively good interpersonally , but are not yet structured institutionally. The main obstacles identified are the lack of budget, lack of training, and the absence of a formal complaint mechanism. On the other hand, moral support from village managers and figures is a supporting factor for service transformation. This study concludes that improving the quality of inclusive services requires a transformative and participatory approach , including adaptive digitalization and active involvement of vulnerable groups in planning. These findings are expected to be the basis for making fairer and more responsive village development policies.
Reformulasi Kebijakan SKCK sebagai Penjaminan Hak Non-Diskriminasi dan Akses Kerja Mantan Narapidana Edward Benedictus Roring
Jurnal Hukum, Administrasi Publik dan Negara Vol. 2 No. 4 (2025): Juli : Jurnal Hukum, Administrasi Publik dan Negara
Publisher : Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/hukum.v2i4.513

Abstract

The Police Record Certificate (SKCK) policy as one of the requirements in the labor recruitment process often becomes an obstacle for former convicts to obtain employment. In fact, the right to work is part of human rights (HAM) that should be guaranteed for every individual, including those who have completed their sentence. This study analyzes the impact of the SKCK policy on employment opportunities for former convicts and how its elimination can be a progressive step in realizing human rights equality. This study uses a normative legal approach by examining related regulations, human rights principles, and comparative studies with other countries that have implemented inclusive policies for former convicts in the world of work. The results of the study show that the SKCK policy in job recruitment has the potential to discriminate against former convicts and strengthen social stigma, thus hindering their reintegration process into society. The elimination or at least reform of the SKCK policy to be more inclusive is expected to open up fairer access to employment, strengthen social rehabilitation, and reduce the rate of recidivism. Therefore, changes in regulations and policies are needed that better support the fulfillment of the rights of former convicts to obtain equal employment opportunities.
Perlindungan Hukum Terhadap Anak Dalam Praktik Pernikahan Dini Adat Desa Golo Kondeng Kabupaten Manggarai Barat Florentina Fitriano
Jurnal Hukum, Administrasi Publik dan Negara Vol. 2 No. 4 (2025): Juli : Jurnal Hukum, Administrasi Publik dan Negara
Publisher : Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/hukum.v2i4.547

Abstract

Early marriage remains a social issue occurring in various regions, including Golo Kondeng Village, West Manggarai Regency, East Nusa Tenggara Province. This study aims to examine the form of legal protection afforded to the status of children born from early marriages conducted based on local customary law. This research employs a qualitative approach with a case study method, collecting data through in-depth interviews with community leaders, parents, and relevant village authorities. The findings indicate that early marriage practices in Golo Kondeng Village are influenced by several factors, including cultural values, family economic conditions, and the community’s level of education. Although existing laws—such as Law Number 16 of 2019, which amends Law Number 1 of 1974 on Marriage by establishing the minimum marriage age at 19 for both men and women, and Law Number 35 of 2014 on Child Protection—clearly regulate the legal age for marriage, the reality shows that early marriages continue to occur, often neglecting the fulfillment of children’s rights. The current legal protections are not yet fully effective in securing the legal status of these children, both in terms of civil and social rights. Based on these findings, this study recommends enhancing legal education and outreach to the community regarding marriage laws and children's rights. In addition, the active involvement of traditional leaders and local government is considered essential in addressing the issue of early marriage. It is hoped that through these efforts, children born from early marriages can receive adequate legal protection and have their rights fully fulfilled.
Analyzing the Effectiveness of Village Fund Utilization in Mengkait Village, South Siantan, Anambas Islands Regency Marco Marco; Ika Devy Pramudiana; Sapto Pramono
Jurnal Hukum, Administrasi Publik dan Negara Vol. 2 No. 5 (2025): September : Jurnal Hukum, Administrasi Publik dan Negara
Publisher : Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/hukum.v2i5.569

Abstract

This study aims to analyze the effectiveness of the use of Village Funds in Mengkait Village, South Siantan District, Anambas Islands Regency, Riau Islands Province. The Village Fund is a strategic policy of the government in order to accelerate the development and empowerment of village communities, so it is necessary to evaluate the extent to which the funds are used appropriately and effectively. The research approach used is qualitative descriptive with data collection techniques through in-depth interviews, observations, and documentation of informants consisting of village officials, community leaders, and beneficiary communities. This study uses four indicators of effectiveness, namely accuracy of timing, accuracy of cost calculation, accuracy in measurement, and accuracy in thinking. The results of the study show that the use of Village Funds in Mengkait Village in general has been quite effective. The timeliness of the implementation was largely achieved, although some activities experienced delays due to weather and logistical factors. In terms of cost calculation, the village government has prepared the budget in a participatory and transparent manner, although there have been some adjustments due to price changes in the field. Accuracy in measurements shows that physical activities have been carried out in accordance with the technical plan, although there is still a need for increased supervision and accuracy in implementation. Meanwhile, precision in thinking is reflected in program planning that starts to be based on data and the real needs of the community, although not completely visionary or long-term. The village government has shown progress in implementing the principles of good governance and village development management. In conclusion, the effectiveness of the use of Village Funds in Mengkait Village has reached a fairly good level. To increase effectiveness in the future, it is recommended to increase the capacity of village officials, strengthen the monitoring and evaluation system, and actively participate of the community in all stages of Village Fund management.
Potential and Contribution of Hotel Tax and Restaurant Tax to PAD : City of Surabaya Suparman Suparman; Aris Sunarya; Sarwani Sarwani; Sri Kamariyah
Jurnal Hukum, Administrasi Publik dan Negara Vol. 2 No. 5 (2025): September : Jurnal Hukum, Administrasi Publik dan Negara
Publisher : Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/hukum.v2i5.575

Abstract

This study explores the potential and contribution of hotel and restaurant taxes to Regional Original Revenue (PAD) in Surabaya, Indonesia. Using a qualitative descriptive approach, data were obtained from both primary and secondary sources. Primary data came from the Regional Government of Surabaya and the Regional Revenue Agency, while secondary data included academic literature, statistical reports, and regulatory documents. Data analysis employed McNabb’s (2002) framework, which consists of grouping information by relevant constructs, identifying interpretive bases, generating generalizations, testing alternative interpretations, and refining theory from case evidence.The findings reveal that the hotel and restaurant sectors in Surabaya possess considerable growth potential, supported by increasing investment, a steady rise in tourist arrivals, and the growing public interest in the property and culinary industries. Hotel taxes have contributed an average of 4.96% of PAD annually, while restaurant taxes contributed 8.06%, reflecting their critical role in strengthening local fiscal capacity. Revenue performance has been further enhanced by the implementation of a self-assessment tax system, improvements in taxpayer compliance, and supportive local economic infrastructure. Despite these positive contributions, several challenges remain. These include unregistered lodging facilities, limited enforcement mechanisms, and a shift in consumer demand toward smaller-scale hospitality businesses, which can reduce taxable capacity. Addressing these challenges requires optimizing the hospitality tax base, expanding tourism promotion, strengthening compliance monitoring, and advancing digital-based tax management systems to ensure efficiency and transparency. In conclusion, hotel and restaurant taxes play a vital role in ensuring Surabaya’s fiscal independence and financing public welfare initiatives. Strengthening governance and adopting adaptive policies are essential for maximizing their potential contribution to sustainable local development.

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