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[POLITIK HUKUM DALAM PEMBENTUKAN PERATURAN PRESIDEN NOMOR 7 TAHUN 2018 TENTANG BADAN PEMBINAAN IDEOLOGI PANCASILA ]]>
<![CDATA[Suratna, Rosyida Wongso]]>;
<![CDATA[Achmad, Achmad]]>
<![CDATA[ Res Publica: Jurnal Hukum Kebijakan Publik Vol 4, No 1 (2020): Januari - April 2020 ]]>
Publisher : <![CDATA[Department of the Constitutional Law, Faculty of Law Universitas Sebelas Maret ]]>
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DOI: 10.20961/respublica.v4i1.45694
<![CDATA[This study aims to examine the legal politics of Presidential Regulation Number 7 Year 2018 concerning the Pancasila Ideology Development Board is reviewed from philosophical, sociological, and juridical aspects. This research is a prescriptive legal research, with a conceptual approach. The legal meterials includes primary and secondary legal materials. The data collection technique used is literature study. The analysis technique used is the deductive method. These results and research indicate that the legal politics of the establishment of Presidential Regulation No. 7 of 2018 concerning the Pancasila Ideology Development Board is a body that was built as a form of Pancasila re-actualization in the process of internalizing values in every component of society and state administrators. BPIP is present as a solution in the midst of a crisis of confidence in the relevance of Pancasila as an ideology and state philosophy. This is in accordance with the nine points of President-Vice President Nawacita especially in items 8 and 9 which are carried out through BPIP technical programs.]]>
<![CDATA[Analisis Tanggung Jawab Negara dalam Pemenuhan Hak Pengasuhan bagi Anak Yatim Piatu Korban Pandemi Covid-19 ]]>
<![CDATA[Prameswari, Sal Sabila Ayuning]]>;
<![CDATA[Husodo, Jadmiko Anom]]>
<![CDATA[ Res Publica: Jurnal Hukum Kebijakan Publik Vol 6, No 3: SEPTEMBER-DESEMBER ]]>
Publisher : <![CDATA[Department of the Constitutional Law, Faculty of Law Universitas Sebelas Maret ]]>
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DOI: 10.20961/respublica.v6i3.63970
<![CDATA[Children's rights are one of the rights that must be fulfilled by the state specially Indonesia that declared as a legal state. One of the rights of children is the right to get proper care by family, community and state. However, the COVID-19 pandemic, which is a non-natural disaster, has made the number of orphans in Indonesia increase drastically at the same time.Thousands of millions of people died due to the COVID-19 pandemic and most of those who died were people of working age. This certainly has an impact on child care in Indonesia.The impact of the many productive people who die will certainly cause a butterfly effect, one of which is that children lose the caregivers who have been taking care of them. Children can also experience double grief if when they are abandoned by their parents, then the care shifts to their grandparents or uncles and then their family must be isolated or die suddenly due to COVID-19.The phenomenon of orphans due to the COVID-19 pandemic has consequences forcountries that have committed to protecting children's rights by ratifying the Convention on the Rights of the Child, one of which is to fulfill the rights of care for children abandoned by both parents in order to avoid neglect and ensure child's development well.The process of collecting data on children is one of the crucial steps in determining what kind of assistance and care scheme the orphans will receive. This requires cooperation and coordination between institutions and the community so that children get the best care. ]]>
<![CDATA[PERANAN BADAN PERMUSYAWARATAN DESA DALAM PEMBENTUKAN PERATURAN DESA DI DESA BRAHU KECAMATAN SIMAN KABUPATEN PONOROGO ]]>
<![CDATA[Sakila, Yola Cindytia]]>;
<![CDATA[Madalina, Maria]]>
<![CDATA[ Res Publica: Jurnal Hukum Kebijakan Publik Vol 4, No 2 (2020): Mei - Agustus 2020 ]]>
Publisher : <![CDATA[Department of the Constitutional Law, Faculty of Law Universitas Sebelas Maret ]]>
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DOI: 10.20961/respublica.v4i2.45775
<![CDATA[The research examines the role and the obstacles of village consultative council as patner of village head in establishing Village Regulation. This legal research is included in the type of empirical legal research. The approach used by the author is the qualitative approach. The legal sources used consist of primary legal material and secondary legal material. The technique of data collection is done by interviews and library research. The analysis technique used is qualitative data analysis. The result of the research shows that: (1) the role of the village consultative council in the formation of village regulations in Brahu Village, Siman District, Ponorogo Regency is not optimal enough to extend the hand of the village because the village regulations that have been estabilished in the past a year do not reflect the needs of the community and the community and the constrains effecting the legislative function of the village consultative council; (2) the factors that become obstacles in the preparation and stipulation of the protest, among other the poor quality performance of the village apparatus and village consultative bodies and the revised community in approving aspirations: (3) efforts to overcome them are provide legal drafting training to The Village Consultative Council and socialization to the public about The Village Consultative Council.]]>
<![CDATA[Pelaksanaan Peraturan Daerah Kabupaten Karanganyar Nomor 10 Tahun 2015 Terkait dengan Pengelolaan Badan Usaha Milik Desa di Desa Berjo Kecamatan Ngargoyoso Kabupaten Karanganyar ]]>
<![CDATA[Nurjati, Aditya Luthfi]]>;
<![CDATA[Madalina, Maria]]>
<![CDATA[ Res Publica: Jurnal Hukum Kebijakan Publik Vol 5, No 3: SEPTEMBER-DESEMBER ]]>
Publisher : <![CDATA[Department of the Constitutional Law, Faculty of Law Universitas Sebelas Maret ]]>
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DOI: 10.20961/respublica.v5i3.58460
<![CDATA[ABSTRACTThe legal issue in this paper is the implementation of Karanganyar Regency Regulation Number 10 of 2015 concerning Village-Owned Enterprises related to the implementation of Village-Owned Enterprises named Sumber Mulyo in Berjo Village, Ngargoyoso District, Karanganyar Regency. This study also aims to determine the inhibiting factors and constraints that occur in the management of Sumber Mulyo Village Owned Enterprises in the framework of implementing the Karanganyar District Regulation Number 10 of 2015. The results of this study stated that the implementation of Regional Regulation Number 10 of 2015 Associated with Village-Owned Enterprises in Berjo Village, Ngargoyoso District whose implementation was in accordance with the mechanism of Regional Regulation of Karanganyar Regency Number 10 of 2015 and also in line with existing objectives. Obstacles in the implementation of the regional regulation are in line with the Human Resources (HR) both from the lack of awareness of the citizens and the lack of experts.Keywords : implementation; regional regulation; village; village-owned enterprises.]]>
<![CDATA[HAK PILIH ORANG DENGAN GANGGUAN JIWA/INGATAN PASCA PUTUSAN MAHKAMAH KONSTITUSI REPUBLIK INDONESIA NOMOR 135/PUU-XIII/2015 ]]>
<![CDATA[Putri, Delasari Krisda]]>;
<![CDATA[Achmad, Achmad]]>
<![CDATA[ Res Publica: Jurnal Hukum Kebijakan Publik Vol 3, No 1 (2019): Januari - April 2019 ]]>
Publisher : <![CDATA[Department of the Constitutional Law, Faculty of Law Universitas Sebelas Maret ]]>
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DOI: 10.20961/respublica.v3i1.45615
<![CDATA[Democracy as the principle of state administration must be regulated and limited by the constitution. The 1945 Constitution of the Republic of Indonesia has provided guidelines of which is the holding of elections for all Indonesian people, thus as the highest sovereignty of every an Indonesian citizen must have the right to vote in any form without discrimination The problem is that sometimes the administration of the state is often not in accordance with the corridor that has been regulated in the constitution, one of which is the holding of elections which limit the existence of voting rights for people with mental disorders (ODGJ). This is an injury to human rights. The issuance of Constitutional Court Decree Number 135 / Puu-Xiii / 2015 is a change that has a positive impact on the protection of the right to choose people with mental disorders]]>
<![CDATA[FUNGSI PEMERINTAH DALAM MEMBERIKAN PELAYANAN ADMINISTRASI KEPENDUDUKAN BERDASARKAN PRINSIP GOOD GOVERNANCE (STUDI KELURAHAN SUMBER KECAMATAN BANJARSARI SURAKARTA) ]]>
<![CDATA[Wilona, Mariska Zena]]>;
<![CDATA[Riwanto, Agus]]>;
<![CDATA[Madalina, Maria]]>
<![CDATA[ Res Publica: Jurnal Hukum Kebijakan Publik Vol 1, No 3 (2017): September-Desember 2017 ]]>
Publisher : <![CDATA[Department of the Constitutional Law, Faculty of Law Universitas Sebelas Maret ]]>
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DOI: 10.20961/respublica.v1i3.46905
<![CDATA[This legal research examines whether the implementation of public services, especially in the case of population administration in the Surakarta source village is in accordance with Good Governance. The 1945 Constitution mandates state to meet the basic needs of every citizen for the sake of his welfare, so that the effectiveness of a system of government is determined by the good of the public service. Every citizen is entitled to services and is entitled to the fulfillment of basic needs and the promotion of decent living with the mandate of the 1945 Constitution. In connection with the ministry, there are two terms that need to be known, namely serving and service. The sense of serving is “helping to prepare (take care of) what one needs”. While the sense of service is “business serving the needs of others”. Problem formulation of this thesis is whether in the Service Administration provided by the Village Resources is in accordance with the principles of Good Governance and whether the service administration administration they provide is ideal.]]>
<![CDATA[IMPLEMENTASI PEMILIHAN KEPALA DESA DALAM KERANGKA DEMOKRASI LOKAL (STUDI KEGAGALAN PROSES PEMILIHAN KEPALA DESA DI DESA GEDANGAN KECAMATAN GROGOL KABUPATEN SUKOHARJO) ]]>
<![CDATA[Syaranamual, Chintya Amelia]]>;
<![CDATA[Achmad, Achmad]]>
<![CDATA[ Res Publica: Jurnal Hukum Kebijakan Publik Vol 2, No 1 (2018): Januari - April 2018 ]]>
Publisher : <![CDATA[Department of the Constitutional Law, Faculty of Law Universitas Sebelas Maret ]]>
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DOI: 10.20961/respublica.v2i1.45475
<![CDATA[This legal writing examines how the development process in the Gedangan village, Grogol sub-district, Sukoharjo district in the concept of local democracy. Second, how the impact of the failure of the process of conducting village head elections for village government and citizens of Gedangan Village.This research is using descriptive empirical research method and qualitative approach. Primary and secondary data sources are used in this study as types and data sources of the research. Data collection techniques that are used are interviews, observation, and literature study. Based on the research results, it shows that the failure of the Village Head election process in Gedangan Village was motivated by several factors. Firstly in the stage of the implementation of village head election 2016 Gedangan village community does not believe in the system of execution of additional selection and written tests at the district level because the implementation is not democratic and transparent so that people reject the results of additional selection and written tests at the district level. Second, the majority of the village head election committee resigned. Thirdly, the Village Consultative Body (BPD) in the deliberative meeting took the position to revoke the mandate of the Village Head committee so that the election of the Village Head ceased in the preparation stage.]]>
<![CDATA[Implementasi Undang-Undang No. 6 Tahun 2014 tentang Desa Terkait Pelaksanaan Tugas Kepala Desa dalam Penyelesaian Perkara Masyarakat Desa (Studi Kasus Pada Desa Ngadiluwih) ]]>
<![CDATA[Ningsih, Tri Rahayu]]>;
<![CDATA[Purimaharani, Andina Elok]]>
<![CDATA[ Res Publica: Jurnal Hukum Kebijakan Publik Vol 6, No 1: JANUARI-APRIL ]]>
Publisher : <![CDATA[Department of the Constitutional Law, Faculty of Law Universitas Sebelas Maret ]]>
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DOI: 10.20961/respublica.v6i1.49744
<![CDATA[The aims of this research are to find out and analyzehow the role of the village head in resolving communitydisputes in the village related to the implementationof Law Number 6 year 2014 on Villages, whichoccurred in Ngadiluwih Village, Matesih Subdistrict, Karanganyar Regency. In addition, italso aims to examine the factors inhibiting the role ofngadiluwih’s village head in the process of resolvingcommunity disputes in the village. This research is atype of empirical juridical research with descriptiveproperties and using a case approach. Data iscollected through interviews and documentation.The data is analyzed by inductive methods whosesteps include data reduction, data calcification, datasystematization and finally conclusion making. Theresults of this study showed the first task of the villagehead related to the implementation of Law No. 6 year2014 on Villages related to the role of village headsin the dispute resolution process in NgadiluwihVillage that has been implemented but not optimally.These two studies show obstacles in implementing theduties of the village head in the process of resolvingdisputes between Ngadiluwih villagers.]]>
<![CDATA[QUO VADIS HAK POLITIK MANTAN NARAPIDANA PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 42/PUU-XII/2015 ]]>
<![CDATA[Widyatama, Alfian]]>;
<![CDATA[Isharyanto, Isharyanto]]>
<![CDATA[ Res Publica: Jurnal Hukum Kebijakan Publik Vol 3, No 3 (2019): September - Desember 2019 ]]>
Publisher : <![CDATA[Department of the Constitutional Law, Faculty of Law Universitas Sebelas Maret ]]>
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DOI: 10.20961/respublica.v3i3.45670
<![CDATA[This study aims to determine the political rights of ex-prisoners who wish to participate in the contestation of democratic parties in the context of elections after the Decision of the Constitutional Court Number 42 / PUU-XII / 2015.. The research method used is normative legal research. The approach used is the approach of law and case approach. Sources of legal materials used are primary and secondary legal materials. The Constitutional Court through Decision Number 42 / PUU-XIII / 2015 states that the form of reduction in the right to honor which can be equated with the criminal revocation of certain rights with the condition that someone has been sentenced to prison for committing a crime is threatened with imprisonment of five years or more . Restrictions on the political rights of ex-prisoners to participate in electoral contestations are in line with the demands of the need for someone who wants to fill public positions that are truly clean without legal defects that are identical to the damage to moral values, religion, public order in a person. the former prisoner.]]>
<![CDATA[Peran Lembaga Pemberdayaan Masyarakat Kelurahan Gayam sebagai Perwujudan Good Governance Ditinjau dari Peraturan Daerah Kabupaten Sukoharjo Nomor 6 Tahun 2009 Tentang Lembaga Kemasyarakatan Kelurahan ]]>
<![CDATA[Sari, Cindy Amalia]]>;
<![CDATA[Firdausy, Adriana Grahani]]>
<![CDATA[ Res Publica: Jurnal Hukum Kebijakan Publik Vol 5, No 1: JANUARI-APRIL ]]>
Publisher : <![CDATA[Department of the Constitutional Law, Faculty of Law Universitas Sebelas Maret ]]>
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DOI: 10.20961/respublica.v5i1.58442
<![CDATA[ABSTRACTCommunity Empowerment Institution is the implementation of good governance formed on community initiatives. Good governance as a tool to avoid abuse of power in every government policy, but its implementation in Indonesia is not optimal due to the lack of economic and socio-cultural empowerment. The purpose of this study is to analyze the role of the Gayam Village Community Empowerment Institution as a manifestation of good governance in terms of the Sukoharjo District Regulation Regarding Village Social Institutions and the inhibiting and supporting factors of the implementation of this role. The results showed that the role of the Gayam Village Community Empowerment Institution has ensured the implementation of the elements of accountability and participation as well as alleviating the burden on the Gayam Village community. The supporting factors for this role are: (i) mutual cooperation and (ii) effective, while the inhibiting factors are: (i) creativity, (ii) media use, and (iii) human resources.Keywords : community empowerment institutions; good governance; district regulation.]]>
