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Res Publica: Jurnal Hukum Kebijakan Publik
Published by Universitas Sebelas Maret
ISSN : 19787367     EISSN : 28098048     DOI : https://doi.org/10.20961/respublica.v8i3.85425
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
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.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 7 Documents
 1 
Search results for , issue "vol 7, no 1: april" : 7 Documents clear
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 Rizqika, Firda; Firdaus, Sunny Ummul
Res Publica: Jurnal Hukum Kebijakan Publik Vol 7, No 1: April
Publisher : Department of the Constitutional Law, Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/respublica.v7i1.50702

Abstract

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.  
MEMBENTUK KEMBALI KOMISI KEBENARAN DAN REKONSILIASI DI INDONESIA Nata, Reyhan Rezki; Husodo, Jadmiko Anam
Res Publica: Jurnal Hukum Kebijakan Publik Vol 7, No 1: April
Publisher : Department of the Constitutional Law, Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/respublica.v7i1.47646

Abstract

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. 
PENGARUH PUTUSAN MAHKAMAH KONSTITUSI NOMOR 33/PUU-XIII/2015 DIKAITKAN DENGAN PEMBATASAN POLITIK DINASTI PADA PEMILIHAN KEPALA DAERAH dewi, Septya hanung surya; Riwanto, Agus
Res Publica: Jurnal Hukum Kebijakan Publik Vol 7, No 1: April
Publisher : Department of the Constitutional Law, Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/respublica.v7i1.51044

Abstract

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.  
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 Maharsi, Ghirindra Chandra; Puri Maharani, Andina Elok
Res Publica: Jurnal Hukum Kebijakan Publik Vol 7, No 1: April
Publisher : Department of the Constitutional Law, Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/respublica.v7i1.50843

Abstract

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.
PENERAPAN TANGGUNG JAWAB KOMANDO DALAM MILITER PADA PELANGGARAN HAM BERAT DI INDONESIA Khair, Taufiqul Hidayat; Wahyuni, Sri
Res Publica: Jurnal Hukum Kebijakan Publik Vol 7, No 1: April
Publisher : Department of the Constitutional Law, Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/respublica.v7i1.50048

Abstract

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.
SELF-REGULATORY BODY YANG IDEAL UNTUK MEMPERKUAT INDEPENDENSI KOMISI PEMBERANTASAN KORUPSI Paramitha, Dorothea Ansella Hana; Husodo, Jadmiko Anom
Res Publica: Jurnal Hukum Kebijakan Publik Vol 7, No 1: April
Publisher : Department of the Constitutional Law, Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/respublica.v7i1.50204

Abstract

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).
PELAKSANAAN UU NOMOR 6 TAHUN 2014 TERKAIT DENGAN KEWENANGAN KEPALA DESA DALAM PELAKSANAAN OTONOMI DESA DI DESA JATISOBO KECAMATAN POLOKARTO KABUPATEN SUKOHARJO Giovera, Nurulita Anggi; Madalina, Maria
Res Publica: Jurnal Hukum Kebijakan Publik Vol 7, No 1: April
Publisher : Department of the Constitutional Law, Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/respublica.v7i1.47981

Abstract

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.

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