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INDONESIA
Jurnal Restorasi: Hukum dan Politik
Published by SEAN INSTITUTE
ISSN : -     EISSN : 29882125     DOI : 10.54209
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Restorasi : Hukum dan Politik is a journal that focuses on law and politics, and publishes research articles that focus on a scientific study of the relationship between normative systems, politics, and social structures, with a focus on the study of law and social sciences.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 53 Documents
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Personnel Performance Analysis in Jayaraga Village, Garut Regency Saylla Rahmawati Dewi; Aswin Palls; Arif Gumilar; Fikky Andrean Panjaitan; Desheila Alamanda; Fitri Risky Damayanti
Jurnal Restorasi : Hukum dan Politik Vol. 4 No. 01 (2026): Jurnal Restorasi : Hukum dan Politik, 2026
Publisher : Jurnal Restorasi : Hukum dan Politik

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Abstract

The performance of village officials is the ability of employees to carry out their main duties and functions in accordance with their assigned responsibilities. This study aims to determine the Analysis of Employee Performance in Jayaraga Village, Garut Regency, as an effort to improve the quality of public administration services. The research method used is descriptive research with a qualitative approach. Data collection techniques were carried out through observation, interviews, and documentation, while data analysis used data reduction, data presentation, and conclusion drawing reinforced by triangulation techniques. This study uses Dwiyanto's (2008:50-51) performance theory, which includes five dimensions: productivity, service quality, responsiveness, responsibility, and accountability. The results of the study show that the performance of Jayaraga Village employees is generally good, as evidenced by fast, friendly, and procedurally compliant services, as well as accountability. However, several weaknesses were found, such as the formal recording of community complaints and community participation in financial supervision, which need to be improved to support future improvements in employee performance.
The Position of Living Law in Society as a Source of Criminal Law According to Law Number 1 of 2023 Apaut, Yosep Copertino
Jurnal Restorasi : Hukum dan Politik Vol. 4 No. 01 (2026): Jurnal Restorasi : Hukum dan Politik, 2026
Publisher : Jurnal Restorasi : Hukum dan Politik

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Abstract

The enactment of Law Number 1 of 2023 concerning the Criminal Code marks a fundamental transformation of Indonesia's criminal law system through explicit recognition of living law as a source of criminal law. This normative juridical research analyzes the position of living law in the national legal hierarchy, its mechanism of application as a basis for punishment, and its implications for human rights protection and the principle of equality before the law. The research findings indicate that living law obtains normative legitimacy through Article 2 of the National Criminal Code with formalization mechanism through Regional Regulations requiring conformity with Pancasila values, human rights, and empirical validation. The transformation of the legality principle from formal to material reflects efforts to balance legal certainty with substantive justice in the context of Indonesian legal pluralism. Recognition of living law brings juridical implications including expansion of criminal law sources, changes in the role of judges in interpreting law, and potential differences in legal treatment across regions that must be safeguarded against discrimination. Implementation problems include tension between the dynamic characteristics of customary law and the static nature of regulations, complexity in determining territorial boundaries of application, and risks of bureaucratization that can eliminate the philosophical values of customary law. Improvements in implementing regulations, establishment of special supervisory bodies, and capacity building for law enforcement officers are needed to ensure proportional, just application of living law that respects citizens' constitutional rights.
Supervision of the Regional House of Representatives (DPRD) on Regional Head Policies in the Perspective of Checks and Balances in Konawe Regency Hasjad, Hasjad
Jurnal Restorasi : Hukum dan Politik Vol. 4 No. 01 (2026): Jurnal Restorasi : Hukum dan Politik, 2026
Publisher : Jurnal Restorasi : Hukum dan Politik

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Abstract

This study aims to analyze the implementation of the supervisory function of the Regional People's Representative Council (DPRD) on the policies of Regional Heads in the perspective of the principle of checks and balances in Konawe Regency. In the local government system based on Law Number 23 of 2014 concerning Regional Government, the DPRD has the functions of legislation, budget, and supervision as a manifestation of the power balancing mechanism at the local level. However, in practice, the effectiveness of DPRD supervision often faces various obstacles, both normative and political. This research uses normative-empirical legal research methods with a legislative approach and a conceptual approach, and is supported by field data through interviews and documentation. The results of the study show that the supervision of the DPRD in Konawe Regency has been carried out through the mechanism of working meetings, the right of interpellation, the right of inquiry, and the right to express opinions, but it is not fully optimal in realizing the balance of power. Political relations factors, limited institutional capacity, and lack of policy transparency are the main obstacles in the implementation of the supervisory function. From the perspective of checks and balances, it is necessary to strengthen the institutional capacity of the DPRD, increase public participation, and political ethics commitment to ensure the creation of accountable and democratic local governance. Thus, the supervision of the DPRD is not only formal-procedural, but also substantive in maintaining the balance of power in the regions.

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