Res Publica: Jurnal Hukum Kebijakan Publik
Res Publica: Jurnal Hukum Kebijakan Publik is a peer-reviewed journal published by Constitutional Law Department, Faculty of Law, Universitas Sebelas Maret three times a year in April, August, and December. This Journal aims primarily to facilitate scholarly and professional discussions over current developments on legal issues in Indonesia as well as to publish innovative legal researches concerning constitutional law and democracy. It provides immediate open access to its content on the principle that making research freely available to public support a greater global exchange of knowledge. Published exclusively in English and / or Bahasa Indonesia (will be considered), the Review seeks to expand the boundaries of Indonesian legal discourses to access English-speaking contributors and readers all over the world. Novelty and recency of issues, however, is a priority in publishing. The scope of the articles published in this journal deal with a broad range of topics in the fields of constitutional law and democracy. Res Publica is an open access journal which means that all content is freely available without charge to the user or his/her institution (for libraries or individual). Users (for libraries or individual) are allowed to read, download, copy, distribute, print, search, or link to the full texts of the articles, or use them for any other lawful purpose, without asking prior permission from the publisher or the author.
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<![CDATA[ANALISIS UNDANG-UNDANG NOMOR 6 TAHUN 2020 TENTANG PEMILIHAN GUBERNUR, BUPATI, DAN WALIKOTA TERKAIT AMBANG BATAS PENCALONAN KEPALA DAERAH UNTUK MEWUJUDKAN DEMOKRASI LOKAL YANG BERKUALITAS ]]>
<![CDATA[Firda Rizqika]]>;
<![CDATA[Sunny Ummul Firdaus]]>
<![CDATA[ Res Publica: Jurnal Hukum Kebijakan Publik Vol 7, No 1: April ]]>
Publisher : <![CDATA[Department of the Constitutional Law, Faculty of Law Universitas Sebelas Maret ]]>
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DOI: 10.20961/respublica.v7i1.50702
<![CDATA[This study aims to analyze the threshold setting for Regional Head candidates in Law Number 6 of 2020, know the implications and analyze the threshold for realizing quality local democracy in order to obtain ideal threshold constructions in order to achieve quality local democracy. The type of research used is normative and applied prescriptive in nature. The results of this study indicate that the threshold for candidates for Regional Head in Law Number 6 of 2020 from the path of political parties or coalition of political parties has increased quite high, which implies weak guarantees of constitutional rights for citizens, limited alternative candidates, fragile coalitions, and governments that do not check and balance. Based on the value of democracy according to A.Dahl, the threshold has actually reduced the quality of democracy in terms of competition, participation and the fulfillment of political rights so it is important to remove the threshold for political parties. ]]>
<![CDATA[PENERAPAN OMNIBUS LAW DALAM SISTEM PERATURAN PERUNDANG-UNDANGAN INDONESIA ]]>
<![CDATA[Alfan Prahasta Adhisatya]]>;
<![CDATA[. Achmad]]>
<![CDATA[ Res Publica: Jurnal Hukum Kebijakan Publik Vol 7, No 1: April ]]>
Publisher : <![CDATA[Department of the Constitutional Law, Faculty of Law Universitas Sebelas Maret ]]>
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<![CDATA[Indonesia has passed many government regimes. Regime change is a process of succession of powers in which each journey results in different policies. This also resulted in the establishment of many laws and regulations in accordance with the needs of each power holder, which is part of his policy as well. This then forms a disharmonic and hyper-regulated legal ecosystem. Therefore, a policy breakthrough was initiated in the process of establishing legislation, namely Omnibus Law. But the problem and must first be answered is the concept of Omnibus Law has not been regulated in the legislation. Law No. 15 of 2019 concerning Amendment to Law No. 12 of 2011 concerning the Establishment of Legislation so far has not been drafted with the aim of accommodating the existence of Omnibus Law. It is then able to describe the application of Omnibus Law in the Indonesian Legal System.]]>
<![CDATA[MEMBENTUK KEMBALI KOMISI KEBENARAN DAN REKONSILIASI DI INDONESIA ]]>
<![CDATA[Reyhan Rezki Nata]]>;
<![CDATA[Jadmiko Anam Husodo]]>
<![CDATA[ Res Publica: Jurnal Hukum Kebijakan Publik Vol 7, No 1: April ]]>
Publisher : <![CDATA[Department of the Constitutional Law, Faculty of Law Universitas Sebelas Maret ]]>
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DOI: 10.20961/respublica.v7i1.47646
<![CDATA[The purpose of this legal research is to analyse the political law of Indonesia on settlement of serious human rights violations, especially with The Truth And Reconcilliation Commission. This research is a descriptive normative legal research type. Types of data consist of primary data and secondary data. Using primary data collection secondary data using literature study techniques. This research use the Qualitative data analysis techniques. A Truth and Reconciliation Commission shall be established to address impunity, break the cycle of violence, provide a forum for the parties of human rights violations to tell their story, get a clear accurate, clear and comprehensive picture of the past in order to facilitate genuine healing and reconciliation. The late progress of this commission, contributed directly or nondirectly to delayed our progress toward the bright future of this nation. ]]>
<![CDATA[PENGARUH PUTUSAN MAHKAMAH KONSTITUSI NOMOR 33/PUU-XIII/2015 DIKAITKAN DENGAN PEMBATASAN POLITIK DINASTI PADA PEMILIHAN KEPALA DAERAH ]]>
<![CDATA[Septya hanung surya dewi]]>;
<![CDATA[Agus Riwanto]]>
<![CDATA[ Res Publica: Jurnal Hukum Kebijakan Publik Vol 7, No 1: April ]]>
Publisher : <![CDATA[Department of the Constitutional Law, Faculty of Law Universitas Sebelas Maret ]]>
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DOI: 10.20961/respublica.v7i1.51044
<![CDATA[This thesis examines and describes effect of The Constitutional Court Decision Verdict No. 33/PUU-XIII/2015 concerning the restiction of political dynasty on regional chief election and whether the verdict has been appreciate with Constitution of Indonesia, UUD NRI 1945.This research is normative legal research which is descriptive. The result of this research shows that 1) the effect after constitonal court verdict No. 33/PUU-XIII/2015 resulted in article 7 letter r of Law Number 8 of 2015 having no binding legal force and having an impact of implementing regulating under it, as well as creating a conflict of interest. The implemention of regional chief election if there is a conflict of interest resulting in unequal competition, affect the accountability of local elections, political dynasty, and political corruption. However, if there are no conflict of interest, the implementation of local election run smoothly with a strict supervison of all instrumen. 2) the constitutional court verdict No. 33/PUU-XIII/2015 is not according with mandate of Constitution of Indonesia, UUD NRI 1945 Article 28J paragraph (2) and Article 18 paragraph (4) are related to improving the quality of democracy in regional elections. ]]>
<![CDATA[PELAKSANAAN UNDANG-UNDANG NOMOR 6 TAHUN 2014 TERKAIT FUNGSI BADAN PERMUSYAWARATAN KALURAHAN DALAM PEMBENTUKAN PRODUK HUKUM KALURAHAN SECARA PARTISIPATIF DI KALURAHAN TEGALTIRTO KEPANEWON BERBAH KABUPATEN SLEMAN ]]>
<![CDATA[Ghirindra Chandra Maharsi]]>;
<![CDATA[Andina Elok Puri Maharani]]>
<![CDATA[ Res Publica: Jurnal Hukum Kebijakan Publik Vol 7, No 1: April ]]>
Publisher : <![CDATA[Department of the Constitutional Law, Faculty of Law Universitas Sebelas Maret ]]>
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DOI: 10.20961/respublica.v7i1.50843
<![CDATA[The study examines how the implementation of Law number 6 of 2014 related to the function of the Tegaltirto Village Consultative Body in forming participatory village law products in the Tegaltirto Village, as well as knowing the obstacles faced by the Tegaltirto Village Consultative Body in carrying out its function in forming participatory village law products in the Tegaltirto Village. . This legal research is in the form of a descriptive empirical legal research with a qualitative approach. Types and sources of research data used by the author are primary data and secondary data with data collection techniques through interviews, and retrieval of textual study information to assess secondary data. Then analyzed using data analysis techniques with a qualitative analysis model. The research was conducted at Tegaltirto Village, Kepanewon Berbah, Sleman Regency. The results show that in the process of forming the Kalurahan law product. The Tegaltirto Village Consultative Body is involved in the product of this Kalurahan Regulation in accordance with the statutory regulations. In carrying out its function, discuss and agree on the Draft Perkal. However, the Tegaltirto Village Consultative Body was not active in initiating the Village Head Regulation Draft. In accommodating and channeling the aspirations of the community, the Tegaltirto Urban Village Consultative Body is active in capturing aspirations and disseminating it to the community. So that the stipulated legal product has involved community participation. In carrying out its functions the Tegaltirto Village Consultative Body has experienced obstacles that they are aware of or not, namely: 1) The position of the Head of Tegaltirto Urban Village, which was vacant for one year; 2) Human resources of the Village Head Consultative Body; 3) The fee earned is too small; 4) No budget plots for absorption of community aspirations; 5) External factors lack of public knowledge about the existence of the Tegaltirto Village Consultative Body which is due to a lack of socialization regarding this matter.]]>
<![CDATA[PENERAPAN TANGGUNG JAWAB KOMANDO DALAM MILITER PADA PELANGGARAN HAM BERAT DI INDONESIA ]]>
<![CDATA[Taufiqul Hidayat Khair]]>;
<![CDATA[Sri Wahyuni]]>
<![CDATA[ Res Publica: Jurnal Hukum Kebijakan Publik Vol 7, No 1: April ]]>
Publisher : <![CDATA[Department of the Constitutional Law, Faculty of Law Universitas Sebelas Maret ]]>
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DOI: 10.20961/respublica.v7i1.50048
<![CDATA[This study examines how the implementation of command accountability in the military on gross human rights violations. This research is normative legal research is prescriptive. Types of legal materials include primary and secondary legal materials. Primary Legal Material: NRI Constitution 1945, Law No. 39 of 1999 on Human Rights, Law No. 26 of 2000 on Human Rights Courts, Association of Decisions pn, PT, MA in human rights cases. Secondary legal material: Textbooks written by legal experts, legal journals, research in the form of thesis and thesis, and scientific papers. The technique of collecting legal materials is obtained through literature studies through complaint report data, books, journals, and also directly through interviews. The results showed that the application of command responsibility in the military to gross human rights violations in Indonesia applies to crimes of genocide and crimes against humanity. The application of command accountability in the military to gross human rights violations in Indonesia is tried and decided based on the relationship between superiors and subordinates, between the perpetrator and the accused who has fulfilled the elements of involvement, relationship, and knowledge of the commander who has the authority to commit crimes committed by his subordinates. So if these elements are not met then one cannot be criminally prosecuted based on the doctrine of command responsibility.]]>
<![CDATA[SELF-REGULATORY BODY YANG IDEAL UNTUK MEMPERKUAT INDEPENDENSI KOMISI PEMBERANTASAN KORUPSI ]]>
<![CDATA[Dorothea Ansella Hana Paramitha]]>;
<![CDATA[Jadmiko Anom Husodo]]>
<![CDATA[ Res Publica: Jurnal Hukum Kebijakan Publik Vol 7, No 1: April ]]>
Publisher : <![CDATA[Department of the Constitutional Law, Faculty of Law Universitas Sebelas Maret ]]>
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DOI: 10.20961/respublica.v7i1.50204
<![CDATA[This study aims to analyze the strengthening of the KPK as a law enforcement agency with independent principles through self-regulatory body. This research is a normative legal research using secondary data in the form of primary and secondary legal materials. The data collection technique was carried out by literature study using model of the statute approach, conceptual approach, and historical approach. The results show that at least there are efforts to weaken the KPK, including legitimacy that degrades the independence of the KPK through the enactment of Law Number 19 of 2019 concerning the Corruption Eradication Commission. It is known that there was a technical action that should have been regulated in the implementing regulations, but it has been sufficiently touched on by the legislation of the Corruption Eradication Commission (KPK).]]>
<![CDATA[PERBANDINGAN KEWENANGAN LEGISLASI LEMBAGA LEGISLATIF ANTARA DEWAN PERWAKILAN DAERAH REPUBLIK INDONESIA DAN AMERIKA SERIKAT SEBAGAI REGIONAL REPRESENTATIVE BODY ]]>
<![CDATA[Wolastian Jati Risdianto]]>;
<![CDATA[Adriana Grahani F]]>
<![CDATA[ Res Publica: Jurnal Hukum Kebijakan Publik Vol 7, No 1: April ]]>
Publisher : <![CDATA[Department of the Constitutional Law, Faculty of Law Universitas Sebelas Maret ]]>
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DOI: 10.20961/respublica.v7i1.49993
<![CDATA[This research describes and examines the comparison of legislative authority between the Regional Representative Council of the Republic of Indonesia and the United States Senate and formulates the ideal legislative authority that can be applied by the Regional Representative Council of the Republic of Indonesia as a Regional Representative Body. This research is included in the type of normative research. The approach used by the author is a statutory, historical, comparative, and conceptual approach. The technique of collecting legal materials is carried out by literature study. Legal material analysis techniques are analyzing the results of research and discussants by using the existing theories in the literature review. The results showed the similarities and differences in legislative authority between the DPD RI and the United States Senate. The similarities are 1. The DPD and Senate legislative powers are listed in the state constitution. 2. The DPD and the Senate can propose a bill. The difference is 1. DPD can only propose drafts related to regionalism while the Senate can propose draft laws as a whole 2.DPD participates in discussing draft laws related to regionalism 3. DPD cannot participate in approving any draft laws, The Senate participates in approving every bill. The DPD does not have the power to cancel the Presidential Veto while the Senate has the power to cancel the Presidential Veto. The ideal legislative authority of the Regional Representative Council of the Republic of Indonesia uses the theory of a unitary state, so the DPD RI is given legislative authority from submitting to approving drafts related to regionalism. ]]>
<![CDATA[ANALISIS SIFAT PUTUSAN DEWAN KEHORMATAN PENYELENGGARA PEMILU TERHADAP PERWUJUDAN GOOD GOVERNANCE DITINJAU DARI PERSPEKTIF PROFESIONALISME BIROKRASI DAN PELAYANAN PUBLIK ]]>
<![CDATA[Maura Ovi]]>;
<![CDATA[, Isharyanto]]>
<![CDATA[ Res Publica: Jurnal Hukum Kebijakan Publik Vol 7, No 1: April ]]>
Publisher : <![CDATA[Department of the Constitutional Law, Faculty of Law Universitas Sebelas Maret ]]>
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DOI: 10.20961/respublica.v7i1.50816
<![CDATA[This thesis aims to analyze the correlation of Honorary Board of Organizer(DKPP) of elections's verdict, which is final and binding with good governanceembodiment by professionalism’s perspective of bureaucracy and public serviceand identify implication of DKPP’s verdict toward good governance embodiment.The type of this research is normative legal research which has descriptivemethod. Based on author’s research results show that the DKPP’s verdict is pointout the correlation with good governance implementation by the concept of goodgovernance include of principles and purpose of good governance and instituteprofessionalism concept include of professionalism characteristics of institute.Implication of DKPP’s verdict defined that there are actualization for the purposeand principle of general election, manifesting of good governance objective, andfulfillment of bureaucracy and public service indicators that give priority to publicservice principles.]]>
<![CDATA[PELAKSANAAN UU NOMOR 6 TAHUN 2014 TERKAIT DENGAN KEWENANGAN KEPALA DESA DALAM PELAKSANAAN OTONOMI DESA DI DESA JATISOBO KECAMATAN POLOKARTO KABUPATEN SUKOHARJO ]]>
<![CDATA[Nurulita Anggi Giovera]]>;
<![CDATA[Maria Madalina]]>
<![CDATA[ Res Publica: Jurnal Hukum Kebijakan Publik Vol 7, No 1: April ]]>
Publisher : <![CDATA[Department of the Constitutional Law, Faculty of Law Universitas Sebelas Maret ]]>
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DOI: 10.20961/respublica.v7i1.47981
<![CDATA[This study aims to analyze and examine the authority of the head in the implementation of village autonomy as well as supporting and hindering factors in its implementation, especially in Jatisobo Village according to Law Number 6 of 2014. This research is an empirical legal research by taking empirical facts obtained from interviews and village supervision. live. Empirical research is also used to store the results of human behavior in the form of physical inheritance and, the types and sources of data used are primary data and secondary data. The nature of the research used is descriptive qualitative research using the constitutional approach, the case approach, the historical approach, and the conceptual approach. The technical analysis of legal materials used in this research is deduction using the syllogistic method, namely the analysis of legal materials prioritizes logical thinking so as to find the causes and effects that will occur. The results show that the implementation of village autonomy in Jatisobo Village has been very good, it can be seen from the implementation of the Jatisobo Village government which is already oriented towards community development and empowerment, which has been supported by good supporting factors in terms of human resources and community participation in achieving village development that is independently.]]>
