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PEPAKEM: Jurnal Hukum Tata Negara dan Politik Islam
Published by Universitas Islam Negeri Siber Syekh Nurjati Cirebon
ISSN : -     EISSN : 30480930     DOI : https://doi.org/10.24235/pepakem.v4i1
Core Subject :
Focus and Scope Since 2023, PEPAKEM has only focused on article themes related to Sharia and Law, such as: Islamic Law Constitutional Law Siyasa Fiqh Islamic Politics Political Policy and Law State Administrative Law Islamic Political Thought
Arjuna Subject : -
Articles 46 Documents
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Peranan Advokat Dalam Pendampingan Hukum E-Court dan Dampak Teknologi Terhadap Strategi Litigasi Pada Maskar Indonesia Muhammad Rifqi Naufal; Ahmad Khoiruddin; Andi Ardiyan Mustakim; Novi Fitriani
PEPAKEM: JURNAL HUKUM TATA NEGARA DAN POLITIK ISLAM Vol 3 No 2 (2025): November 2025
Publisher : Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/pepakem.v3i2.620

Abstract

This study aims to provide a deeper analysis of data collection techniques in scientific writing. In conducting research, data collection is a crucial step in obtaining the necessary information. Appropriate data collection techniques and valid research instruments play a crucial role in producing accurate and reliable data. The method used in compiling this scientific paper is descriptive with a qualitative approach. The type of research employed is library research. The results of this study include: First, legal aid is a free legal service provided to the underprivileged to fulfill human rights, covering state administrative, civil, and criminal cases. Based on Law Number 16 of 2011, aid recipients are those with economic limitations, and services are provided free of charge. Second, the implementation of e-Court at the Sumber Religious Court is considered effective in facilitating public access to litigation, especially during the pandemic. This system includes online trials (e-Litigation), electronic payments (e-Payment), and digital file management, saving costs and time, and reducing extortion. This ensures that the data obtained is sufficient and focused enough to make a meaningful contribution to the research.
Penyelesaian Sengketa Komisi Informasi Kota Cirebon Berdasarkan Undang-Undang Nomor 14 Tahun 2008 Tentang Keterbukaan Informasi Publik Sultan Pramudita; Wing Redy Prayuda
PEPAKEM: JURNAL HUKUM TATA NEGARA DAN POLITIK ISLAM Vol 3 No 2 (2025): November 2025
Publisher : Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/pepakem.v3i2.621

Abstract

The constitutional right to information requires not only open public bodies but also an accessible and effective remedy when information requests are rejected or ignored. This study analyzes the legal mechanism and institutional effectiveness of public information dispute resolution at the Cirebon City Information Commission under Law Number 14 of 2008. It employs empirical legal research with statutory, conceptual, and institutional approaches. Primary data derive from institutional observation and field-practice information concerning information services, mediation, non-litigation adjudication, monitoring, and administrative support. Secondary legal materials include legislation, Information Commission regulations, official guidelines, and scholarly literature. The data are qualitatively analyzed using five indicators: accessibility, timeliness, procedural certainty, party compliance, and the practical effectiveness of decisions. The findings show that dispute resolution follows a structured sequence consisting of an information request, administrative objection, registration, preliminary examination, mediation, and non-litigation adjudication. The mechanism offers a simpler and more affordable forum than ordinary litigation. Nevertheless, its effectiveness is constrained by limited procedural literacy, uneven capacity of information officers, weak records management, non-attendance or lack of authority among public-body representatives, limited institutional resources, and dependence on courts when decisions are not voluntarily implemented. The study argues that effective dispute resolution requires preventive information services, strict and limited interpretation of exemptions, professional mediation, reasoned adjudication, digital administration, transparent publication of decisions, and systematic compliance monitoring.
IMPLEMENTASI PERATURAN DAERAH NOMOR 1 TAHUN 2023 TENTANG PERLINDUNGAN LAHAN PERTANIAN PANGAN BERKELANJUTAN DI KABUPATEN TABALONG Norliana Norliana; Ergina Faralita
PEPAKEM: JURNAL HUKUM TATA NEGARA DAN POLITIK ISLAM Vol 3 No 2 (2025): November 2025
Publisher : Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/pepakem.v3i2.622

Abstract

Agricultural land conversion resulting from infrastructure development and increasing spatial demands potentially threatens the sustainability of food production in Tabalong Regency, one of the supporting regions of Indonesia’s new capital, Nusantara. This study aims to analyze the implementation of Tabalong Regency Regional Regulation Number 1 of 2023 concerning the Protection of Sustainable Food Agricultural Land and the factors influencing its implementation. This study employed a qualitative method with an empirical legal or socio-legal approach. Informants were purposively selected from regional government agencies responsible for agriculture and spatial planning and from farmers cultivating land within designated sustainable agricultural areas. Data were collected through in-depth interviews, field observations, and document analysis and were examined using George C. Edward III’s policy implementation framework, comprising communication, resources, disposition, and bureaucratic structure. The findings demonstrate that the regulation has been implemented through the designation of sustainable food agricultural areas, the provision of agricultural production assistance, and supervision of land use. Nevertheless, its implementation remains suboptimal because policy dissemination is uneven, public understanding is limited, irrigation infrastructure and agricultural incentives are inadequate, land data are not fully integrated, supervision is inconsistent, and implementing regulations have not yet been issued. This study confirms that effective agricultural land protection cannot rely solely on land designation and conversion prohibitions but requires technical regulations, cross-sectoral coordination, economic support for farmers, integrated information systems, and participatory supervision.
Tinjauan Siyasah Dusturiyah Terhadap Pelaksanaan Peraturan Daerah Kota Jayapura Nomor 12 Tahun 2007 Tentang Pengawasan Kualitas Air(Studi Khusus Retribusi Pengelolaan Air di Kelurahan Entrop    Jayapura Selatan Kota Jayapura) Indah Nur Madaniah Latulusi; Zulfadli Zulfadli; Sabar Podu; Rahma Anugraheny; Lukman Ansar
PEPAKEM: JURNAL HUKUM TATA NEGARA DAN POLITIK ISLAM Vol 4 No 1 (2026): Mei 2026
Publisher : Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/pepakem.v4i1.638

Abstract

This study examines the implementation of Jayapura City Regional Regulation Number 12 of 2007 on Water Quality Supervision in the management of a water source in Entrop Village and evaluates it from the perspective of siyasah dusturiyah. The study employed an empirical legal method using statutory, conceptual, and sociological approaches. Primary data were collected through non-participant observation and interviews with the manager’s assistant, a household consumer, and a water-tanker driver, while secondary data were obtained from legislation, books, journal articles, and related documents. The data were analyzed qualitatively through reduction, categorization, legal interpretation, and conclusion drawing. The findings show that the water source has been utilized and distributed to the public at a relatively affordable price; however, the supervision process has not been supported by adequate documentation concerning laboratory results, testing parameters, examination frequency, the identity of the examining institution, and follow-up measures. The levy provisions contained in Regional Regulation Number 12 of 2007 can no longer serve as the legal basis for collection because they were revoked by Jayapura City Regional Regulation Number 3 of 2012, while groundwater tax obligations must be determined under the current regulatory framework. From the perspective of siyasah dusturiyah, the management practice has fulfilled certain elements of public benefit and distributive justice, but it has not fully satisfied the principles of legal compliance, trustworthiness, transparency, accountability, public health protection, and environmental sustainability. This study recommends harmonizing government supervision, recognition of customary land rights, and administrative compliance.
Progresivitas State Auxiliary Organ dalam Resolusi Omission Pemerintah Daerah: Studi Efektivitas Intervensi Ombudsman Pada Tata Kelola Pelayanan Persampahan di Kabupaten Bangka Selatan Kgs Chris Fither
PEPAKEM: JURNAL HUKUM TATA NEGARA DAN POLITIK ISLAM Vol 4 No 1 (2026): Mei 2026
Publisher : Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/pepakem.v4i1.640

Abstract

The phenomenon of omission (failure to act) by the local government of South Bangka Regency in providing waste management services represents a critical challenge to public service integrity. This research evaluates the effectiveness of the Ombudsman of the Republic of Indonesia’s non-judicial intervention in addressing structural waste management failures that violate citizens' constitutional rights to a healthy environment. Employing a normative-juridical legal research method through statutory and conceptual approaches, this study utilizes primary legal materials consisting of regulations and the Ombudsman's Systemic Review investigation documents (2025–2026). The results prove that the omission in the region constitutes maladministration, specifically a failure to provide services and neglect of legal obligations, violating the General Principles of Good Governance. Facing this bureaucratic impasse, the Ombudsman’s Systemic Review intervention proved effective as a progressive legal instrument. The implementation of seven corrective suggestions by the local government successfully transformed three legal system pillars at the local level: substance (drafting local regulations), structure (establishing a Technical Implementation Unit for Waste Management), and legal culture (decentralizing village fund allocation and integrating environmental education). Non-judicial oversight by a state auxiliary organ is highly effective in compelling bureaucratic compliance and restoring public service obligations systematically without resorting to rigid formal court litigation.
TIKTOK MEDIA PARTISIPASI BAGI GEN Z DALAM PERCEPATAN PEMBANGUNAN JALAN DI DAERAH KABUPATEN KUNINGAN Putri Ayu Anggraeni; Sarip Sarip; Nur Rahman
PEPAKEM: JURNAL HUKUM TATA NEGARA DAN POLITIK ISLAM Vol 4 No 1 (2026): Mei 2026
Publisher : Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/pepakem.v4i1.656

Abstract

The development of TikTok has expanded opportunities for public participation, particularly for Generation Z in expressing concerns about infrastructure services. This study examines the use of TikTok as a medium for Generation Z participation in advocating road improvements in Kuningan Regency and evaluates government responses from the perspective of responsive law. The study employed an empirical legal method using a socio-legal approach and qualitative design. Data were collected through content analysis of TikTok videos concerning damaged roads, semi-structured interviews with a representative of the Kuningan Regency Public Works and Spatial Planning Office, and a review of legislation, government documents, and relevant literature. The data were analyzed thematically and chronologically by distinguishing digital visibility, communicative responses, administrative follow-up, policy commitments, and physical road improvements. The findings indicate that TikTok functions as an advocacy and amplification channel that can increase public attention and encourage an initial government response. However, virality cannot be directly regarded as the cause of accelerated road improvements because road handling remains influenced by road status, jurisdictional authority, technical verification, planning, and budget availability. From the perspective of responsive law, the government should integrate digital aspirations into formal complaint mechanisms so that every report is addressed transparently, fairly, and traceably rather than according to the popularity of online content.

Page 5 of 5 | Total Record : 46

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