JURNAL HUKUM PROYURIS

SINKRONISASI WEWENANG PENGELOLAAN RUANG PESISIR DI PROVINSI NUSA TENGGARA TIMUR

Yongky Lapon, Jimmy Pello, Jeffry A.Ch Likadja (Author) — Fri, 21 Mar 2025 00:00:00 +0000

ABSTRACT: This study aims to examine and analyze the synchronization of Coastal Space Management authority in East Nusa Tenggara Province from the Coastal and Marine Area Management Regulation in Law Number 27 of 2007 concerning Coastal Area and Small Islands Management with Law Number 23 of 2014 in conjunction with Law Number 9 of 2015 concerning Regional Government. Where the management of coastal and marine areas in the region, the regional government has a province with Full Authority according to its scope of sea area boundaries, namely 0-12 nautical miles measured from the coastline towards the open sea and/or towards the archipelagic waters. Coastal and marine space management in the region is also mandated in the Regional Regulation of East Nusa Tenggara Province Number 4 of 20017 concerning the Coastal Area and Small Islands Zoning Plan of East Nusa Tenggara Province. The research used normative juridical and the results of the study found that the Regulation of the Regional Government Law has revoked the authority of the district/city government, so that automatically the district/city has lost its authority because it has been transferred to the provincial government. There is a difference in the authority to manage coastal areas and small islands between Law Number 27 of 2007 in conjunction with Law Number 1 of 2014 and Law Number 23 of 2014 concerning Regional Government. Therefore, it is necessary to amend the Regional Government Law. The authority of the district/city regional government which was previously implemented broadly, completely, and comprehensively covering planning, implementation, supervision, control, and evaluation, must be given the authority again to manage its own potential and community according to its capabilities and independence, but it requires assistance from the central government, as well as a revision of Article 7 paragraph (5) of Law Number 27 of 2007 in conjunction with Law Number 1 of 2014 concerning the Management of Coastal Areas and Small Islands. Still giving authority to the District/City Government to prepare detailed zone plans in each coastal area zone and certain small islands in its territory, the detailed zones in question are certainly contrary to the Regional Government Law which has revoked the authority of the District/City Government in the 0-4 mile sea which was transferred to the Provincial Government Article 27 of Law No. 23 of 2014 in conjunction with Law No. 9 of 2015 concerning Regional Government.

DISPARITY OF JUDGES' DECISIONS TOWARDS CORRUPTION CRIMINAL ACTS No. 1261 K/Pid.Sus/2015 And No. 336 K/Pid.Sus/2015

RUDY SOIK, Orpa G Manuain, Dhey W Tadeus3 W Tadeus (Author) — Wed, 30 Apr 2025 16:59:44 +0000

Formulation of the problem of what factors cause disparities in Corruption Crime decisions Number. 1261 K/Pid.Sus/2015 and Number 336 K/Pid.Sus/2015 and what is the impact of the disparity in the Corruption Crime decision Number. 1261 K/Pid.Sus/2015 and Number 336 K/Pid.Sus/2015. In line with what is the main point of discussion of the thesis that the authors present, the type of research that will be used is Normative legal research. The research results show that the factors causing disparities in Corruption Crime Decisions Number. 1261 K/Pid.Sus/2015 and Number. 336 K/Pid.Sus/2015 is influenced by legal/regulatory factors, in which both of these decisions the judge is guided by the continental legal system (civil law system) which focuses on written legal rules, and is influenced by the judge's internal factors, in which the judge is subjective in his considerations. Determination of punishment depends on the judge's subjective assessment of objection factors, intent, violence, or the impact of the criminal act. The impact of disparities in Corruption Crime decisions Number. 1261 K/Pid.Sus/2015 and Number 336 K/Pid.Sus/2015, among other things, do not provide justice, create legal uncertainty, the public loses trust in legal institutions. Conclusions from the Disparity in Judges' Decisions Against Perpetrators of Corruption Crimes Number. 1261 K/Pid.Sus/2015 and Number. 336 K/Pid.Sus/2015, are two different decisions, in which the corruption crime decision number. 1261 K/Pid.Sus/2015 in point five (5) the judge imposed additional punishment on the defendant Anas Urbaningrum in the form of revocation of the right to be elected to public office; This is different from decision number. 336 K/Pid.Sus/2015, which in its decision did not impose additional punishment on the Defendant M. Akil Mochtar in the form of revocation of the right to be elected to office. The impact of disparities in Corruption Crime decisions Number. 1261 K/Pid.Sus/2015 and Number 336 K/Pid.Sus/2015 Not Providing Justice Causes Legal Uncertainty People Lose Trust in Legal Institution

Penunjukan Penjabat Kepala Daerah oleh Pemerintah Pusat dalam Hubungan Hukum dan Demokrasi

Evalina Sonya Djehamur, Saryono Yohanes, Detji K.E.R Nuban (Author) — Fri, 09 May 2025 00:00:00 +0000

This study aims to analyse the mechanism of appointing acting regional heads by the central government from both legal and democratic perspectives, as well as to identify an ideal framework for such a process that aligns with democratic principles. This research employs normative legal methodology, using a statute approach focusing on regulations related to the appointment of acting regional heads.

The findings reveal that the appointment of acting regional heads by the central government presents legal challenges, including inconsistencies between existing regulations and the Constitution (UUD 1945), overlapping legal provisions, and the absence of comprehensive implementing regulations, which in turn has led to resistance at the regional level. From a democratic standpoint, the mechanism is considered to undermine popular sovereignty, diminish the spirit of regional autonomy, and raise questions about the political legitimacy of appointees who are designated without public involvement.

This study recommends an ideal framework that involves the legislative body as the people’s representative, with a mechanism ensuring regional participation and regulatory coherence. Such a framework should reinforce democracy, regional autonomy, and adaptability to future circumstances.

Keywords: appointing acting official; regional head; constitution; democracy; regional autonomy; regional election.

Juridical Analysis of Denpasar State Court Ruling Number 453/PID.SUS/2020 Which Acquits Defendants of Banking Crimes In Perspective of Justice and Legal Certainty

Japarmen Manalu, Korolus K. Medan2 Kopong Medan, Jeffry A.Ch Likadja (Author) — Fri, 09 May 2025 03:54:44 +0000

The Denpasar District Court Decision Number 453/Pid. Sus/2020 which acquitted the defendant of a banking crime does not provide justice and legal certainty. The formulation of the problem is how the law is applied to the perpetrators of banking crimes in the Denpasar District Court Decision Number 453/Pid.Sus/2020/PN Dps which acquitted the defendant of a banking crime in terms of the concept of legal justice. What is the concept of legal certainty regarding the Denpasar District Court Decision Number 453/PID.SUS/2020/PN Dps which acquitted the defendant of a banking crime. In line with what is the main topic of discussion in the thesis that the author presents, the type of research that will be used is Normative legal research. The results of the study indicate that the application of the law to the perpetrators of banking crimes in the decision Number 453 / Pid.Sus / 2020 / PN Dps which acquitted the defendant of the banking crime contradicts the testimony of witnesses, trial facts, and evidence presented in the trial and also contradicts the provisions of Article 55 of the Criminal Code, Article 183 of the Criminal Procedure Code and the provisions of Article 184 of the Criminal Procedure Code so that it does not provide justice and certainty. Conclusion The decision of the Denpasar District Court Number 453 / Pid.Sus / 2020 / PN Dps which acquitted the defendant of the banking crime, the panel of judges did not carefully consider the testimony of witnesses, evidence and trial facts so that this decision deviates from the concept of justice according to Aristotle and the concept of legal certainty according to Gustav Radbruch as well as the provisions of applicable law, namely Article 55 of the Criminal Code, Article 183 of the Criminal Procedure Code, and Article 184 of the Criminal Procedure Code.

Pengaturan Hak Politik Mantan Narapidana Tindak Pidana Korupsi Dalam Pemilihan Kepala Daerah Di Indonesia

Mese Andre Amtiran, Saryono Yohanes, Yohanis G. Tuba Helan (Author) — Fri, 09 May 2025 04:42:55 +0000

Regulation of Political Rights of Former Corruption Convicts in Regional Head Elections in Indonesia. Supervised by Dr. Saryono Yohanes, S.H, M.H and Yohanis G. Tuba Helan. Issues raised in the research include: What is the legal ratio for regulating the political rights of former corruption convicts in regional head elections in Indonesia? How is the implementation of the political rights arrangements for former corruption convicts in regional head elections in Indonesia? This research aims to: first, to explain and describe the legal ratio for regulating the political rights of former corruption convicts in regional head elections in Indonesia. Second, to explain and analyze the implementation of political rights arrangements for former corruption convicts in regional head elections in Indonesia. The specificity of normative research focuses on searching for "coherent" truth, namely a truth that is based on conformity between what is studied and the rules applied. Revocation of political rights for former corruption convicts is a form of limitation of human rights which are regulated in the Indonesian constitution. Revocation of political rights not only violates human rights but also constitutes an act of discrimination which is basically regulated in the 1945 Constitution Article 28I Paragraph (4) of the 1945 Constitution of the Republic of Indonesia which states that: "Protection, promotion, enforcement and fulfillment Human rights are the responsibility of the state, especially the government. The researcher believes that every citizen should be aware of the importance of their political rights in the democratic country of Indonesia and speak out when their right to be elected is limited and still maintain personal integrity and honesty.

Keywords: Human Rights, Sovereignty and Legislation.