Pub Date : 2022-10-27DOI: 10.14710/dilrev.7.2.2022.312-327
Absori Absori, Moh. Indra Bangsawan, Arief Budiono, H. Disemadi
There is a lack of maximum realization of sustainable development in the Surakarta City Government’s partnerships. This study proposes a fishbone diagram that seeks the root causes that affect the realization of partnerships that encourage sustainable development in Surakarta. The study aimed to convey ideas on environment-based local government partnership policies (Eco-Partnerships) to achieve sustainable development. It was a descriptive, doctrinal-method legal research. The primary data was sourced from library research, and the author also carried out some field research. The research used several indicators, namely Surakarta City Government’s Partners, Regulations, and Culture as the small bones and the analysis result of the failure to realize eco-friendly partnerships as the big bone. The result of the study showed that the implementation status of 19 out of 52 regional partners and five regional partners with a focus on environmental activities had not yet been followed up by the regional government. The regulation was ineffective because the Surakarta Government lacked adequate policies on eco-partnerships. Therefore, the Surakarta City Government needed to enforce a policy based on regional regulations on partnerships that integrate economic, social, and environmental aspects (Eco-Partnership).
{"title":"LEGAL POLICY ON ECO-PARTNERSHIPS TO ACHIEVE SUSTAINABLE DEVELOPMENT","authors":"Absori Absori, Moh. Indra Bangsawan, Arief Budiono, H. Disemadi","doi":"10.14710/dilrev.7.2.2022.312-327","DOIUrl":"https://doi.org/10.14710/dilrev.7.2.2022.312-327","url":null,"abstract":"There is a lack of maximum realization of sustainable development in the Surakarta City Government’s partnerships. This study proposes a fishbone diagram that seeks the root causes that affect the realization of partnerships that encourage sustainable development in Surakarta. The study aimed to convey ideas on environment-based local government partnership policies (Eco-Partnerships) to achieve sustainable development. It was a descriptive, doctrinal-method legal research. The primary data was sourced from library research, and the author also carried out some field research. The research used several indicators, namely Surakarta City Government’s Partners, Regulations, and Culture as the small bones and the analysis result of the failure to realize eco-friendly partnerships as the big bone. The result of the study showed that the implementation status of 19 out of 52 regional partners and five regional partners with a focus on environmental activities had not yet been followed up by the regional government. The regulation was ineffective because the Surakarta Government lacked adequate policies on eco-partnerships. Therefore, the Surakarta City Government needed to enforce a policy based on regional regulations on partnerships that integrate economic, social, and environmental aspects (Eco-Partnership).","PeriodicalId":432511,"journal":{"name":"Diponegoro Law Review","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121503122","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Today in the era of disruption 4.0, an interesting thing in Indonesia is related to the presence of Crypto Investments such as Bitcoin (digital currency), where which is one of the economic indicators that can affect the global economy. Now business transactions are using online media (digitalization). Therefore, the Indonesian people need legal certainty in utilizing transactions for this crypto investment activity. This study aims to legally analyze crypto investments used for buying and selling transactions in Indonesia from the perspective of Islamic law and creed theory. This study uses the Library Research Method, where the data is obtained by means of a literature study through laws, government regulations, Fatwa DSN MUI, and the theory of creed / testimony / Shahadah. As a result, by referring to the creed theory that Crypto Investments such as Bitcoin have laws that are permitted when used as a medium of exchange. This law only applies to parties who acknowledge and are willing to use it. Meanwhile, Bitcoin as an investment is illegal. However, Crypto as a transaction tool in online trade is a renewable innovation in economic development in Indonesia today. So there is a need for special regulations to use Crypto.
{"title":"LEGAL ANALYSIS OF CRYPTO INVESTMENT IN ERA 4.0 VIEW FROM CREDO THEORY","authors":"Dedah Jubaedah, Hisam Ahyani, Haris Maiza Putra, Armelia Prakasa, Naeli Mutmainah","doi":"10.14710/dilrev.7.2.2022.262-278","DOIUrl":"https://doi.org/10.14710/dilrev.7.2.2022.262-278","url":null,"abstract":"Today in the era of disruption 4.0, an interesting thing in Indonesia is related to the presence of Crypto Investments such as Bitcoin (digital currency), where which is one of the economic indicators that can affect the global economy. Now business transactions are using online media (digitalization). Therefore, the Indonesian people need legal certainty in utilizing transactions for this crypto investment activity. This study aims to legally analyze crypto investments used for buying and selling transactions in Indonesia from the perspective of Islamic law and creed theory. This study uses the Library Research Method, where the data is obtained by means of a literature study through laws, government regulations, Fatwa DSN MUI, and the theory of creed / testimony / Shahadah. As a result, by referring to the creed theory that Crypto Investments such as Bitcoin have laws that are permitted when used as a medium of exchange. This law only applies to parties who acknowledge and are willing to use it. Meanwhile, Bitcoin as an investment is illegal. However, Crypto as a transaction tool in online trade is a renewable innovation in economic development in Indonesia today. So there is a need for special regulations to use Crypto.","PeriodicalId":432511,"journal":{"name":"Diponegoro Law Review","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123504874","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-10-27DOI: 10.14710/dilrev.7.2.2022.230-244
Adi Nur Rohman
This article aims to see the other side of mediation as an alternative settlement of inheritance disputes. The general view of the community is that mediation is carried out after the occurrence of a dispute as a form of dispute resolution between the disputing parties. However, the perspective of Islamic legal philosophy sees the other side of the role of mediation in dealing with disputes, including inheritance disputes. The writing of this paper is done in an analytical descriptive manner that combines a normative juridical approach with a philosophical approach. The study results show that the settlement of inheritance disputes can be done in two ways; litigation and non-litigation. As one of the non-litigation channels and acting as a dispute resolution institution, mediation also prevents disputes. Mediation is positioned to avoid disputes arising at the philosophical level in inheritance cases. This argument can be seen from the statements in the Qur'an and hadith regarding inheritance law which indicate that the existence of inheritance law is intended as an effort to prevent disputes.
{"title":"SHIFTING THE ROLE OF MEDIATION IN ISLAMIC INHERITANCE DISPUTES: AN OVERVIEW OF ISLAMIC LEGAL PHILOSOPHY","authors":"Adi Nur Rohman","doi":"10.14710/dilrev.7.2.2022.230-244","DOIUrl":"https://doi.org/10.14710/dilrev.7.2.2022.230-244","url":null,"abstract":"This article aims to see the other side of mediation as an alternative settlement of inheritance disputes. The general view of the community is that mediation is carried out after the occurrence of a dispute as a form of dispute resolution between the disputing parties. However, the perspective of Islamic legal philosophy sees the other side of the role of mediation in dealing with disputes, including inheritance disputes. The writing of this paper is done in an analytical descriptive manner that combines a normative juridical approach with a philosophical approach. The study results show that the settlement of inheritance disputes can be done in two ways; litigation and non-litigation. As one of the non-litigation channels and acting as a dispute resolution institution, mediation also prevents disputes. Mediation is positioned to avoid disputes arising at the philosophical level in inheritance cases. This argument can be seen from the statements in the Qur'an and hadith regarding inheritance law which indicate that the existence of inheritance law is intended as an effort to prevent disputes.","PeriodicalId":432511,"journal":{"name":"Diponegoro Law Review","volume":"124 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132680441","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-10-27DOI: 10.14710/dilrev.7.2.2022.245-261
Aliza Madina Putri, Paramita Prananingtyas
Sole proprietorship is the simplest business form and most used for Micro, Small and Medium Enterprises that has been dominating Indonesia’s economy. Sole proprietorship wasn’t a legal entity, therefore it has an unlimited liability. This become a consideration for entrepreneurs when they start a business. The issue discussed the existence and characteristics of sole proprietorship in Indonesia after Law 11/2020. This is a normative juridical research through a statutory and conceptual approach. The purpose of this research is to explain the characteristic of sole proprietorship in Indonesia and compares it with other Asian countries. The result indicates that sole proprietorship based on Law 11/2020 is a new legal entity as the concept expansion of Limited Liability Company with a limited liability that meets the criteria of micro and small business. It provides legality for entrepreneurs and a facility to access sources of funding. The regulation that determines sole proprietorship as a legal entity is only adopted by few countries like India.
{"title":"EXISTENCE AND CHARACTERISTICS OF SOLE PROPRIETORSHIP IN INDONESIA","authors":"Aliza Madina Putri, Paramita Prananingtyas","doi":"10.14710/dilrev.7.2.2022.245-261","DOIUrl":"https://doi.org/10.14710/dilrev.7.2.2022.245-261","url":null,"abstract":"Sole proprietorship is the simplest business form and most used for Micro, Small and Medium Enterprises that has been dominating Indonesia’s economy. Sole proprietorship wasn’t a legal entity, therefore it has an unlimited liability. This become a consideration for entrepreneurs when they start a business. The issue discussed the existence and characteristics of sole proprietorship in Indonesia after Law 11/2020. This is a normative juridical research through a statutory and conceptual approach. The purpose of this research is to explain the characteristic of sole proprietorship in Indonesia and compares it with other Asian countries. The result indicates that sole proprietorship based on Law 11/2020 is a new legal entity as the concept expansion of Limited Liability Company with a limited liability that meets the criteria of micro and small business. It provides legality for entrepreneurs and a facility to access sources of funding. The regulation that determines sole proprietorship as a legal entity is only adopted by few countries like India.","PeriodicalId":432511,"journal":{"name":"Diponegoro Law Review","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121886870","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-10-27DOI: 10.14710/dilrev.7.2.2022.192-211
B. Djaja
Since the last amendment was in force in 2000, the tariff charged for stamp duty has not been adjusted to suit the most recent monetary value up until Law No. 10 of 2020 on Stamp Duty was issued. In addition to tariff adjustment, the new Law also stipulates the levy of stamp duty on digital documents, which have become increasingly popular used in the recent years, with the expectation of boosting the inflow of State revenue generated from the levy of stamp duty. Nonetheless, the rampant distribution of illegal, forged stamps, aside of inflicting material losses on the State finance due to non-optimum revenue generation, also give rise to uncertainty amongst laypersons with regards to the legality of the document concerned. A document found to have used a forged stamp shall be considered legally equal to an unstamped document, leaving thereupon an obligation due for settlement prior to the document being eligible for use, which should be rectified through an administrative means called “pemeteraian kemudian/subsequent stamp” (nazegelen).
{"title":"THE LEGALITY OF DOCUMENTS NEGLIGENTLY AFFIXED WITH FORGED STAMPS","authors":"B. Djaja","doi":"10.14710/dilrev.7.2.2022.192-211","DOIUrl":"https://doi.org/10.14710/dilrev.7.2.2022.192-211","url":null,"abstract":"Since the last amendment was in force in 2000, the tariff charged for stamp duty has not been adjusted to suit the most recent monetary value up until Law No. 10 of 2020 on Stamp Duty was issued. In addition to tariff adjustment, the new Law also stipulates the levy of stamp duty on digital documents, which have become increasingly popular used in the recent years, with the expectation of boosting the inflow of State revenue generated from the levy of stamp duty. Nonetheless, the rampant distribution of illegal, forged stamps, aside of inflicting material losses on the State finance due to non-optimum revenue generation, also give rise to uncertainty amongst laypersons with regards to the legality of the document concerned. A document found to have used a forged stamp shall be considered legally equal to an unstamped document, leaving thereupon an obligation due for settlement prior to the document being eligible for use, which should be rectified through an administrative means called “pemeteraian kemudian/subsequent stamp” (nazegelen).","PeriodicalId":432511,"journal":{"name":"Diponegoro Law Review","volume":"56 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128146342","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-10-27DOI: 10.14710/dilrev.7.2.2022.212-229
Herlindah Herlindah, I. Qurbani, Dorra Prisilia
This research investigates how Pancasila (the Five Principles) could serve as an equilibrium in regulating the freedom of religion in Indonesia and how these five principles could negotiate the concept of this freedom within the coverage of national Human Rights affected by western human rights related to the concept of the freedom of religions within the scope of Islam. The three different regulatory concepts regarding freedom of religion in Indonesia, constituting Islamic law, International Human Rights, and Particular Human Rights, have always sparked conflict unless these three concepts are accommodated by law. The analysis was performed by employing the doctrine of margin of appreciation. This research reveals that Pancasila could serve as the fundamental of Indonesia in facilitating the freedom of religion. This research also employed a normative-juridical method, interdisciplinary, statutory, and conceptual approaches.
{"title":"THE EXISTENCE OF PANCASILA IN RESOLVING CONFLICTS OF DIFFERING VIEWS ON RELIGIOUS RIGHTS IN INDONESIA","authors":"Herlindah Herlindah, I. Qurbani, Dorra Prisilia","doi":"10.14710/dilrev.7.2.2022.212-229","DOIUrl":"https://doi.org/10.14710/dilrev.7.2.2022.212-229","url":null,"abstract":"This research investigates how Pancasila (the Five Principles) could serve as an equilibrium in regulating the freedom of religion in Indonesia and how these five principles could negotiate the concept of this freedom within the coverage of national Human Rights affected by western human rights related to the concept of the freedom of religions within the scope of Islam. The three different regulatory concepts regarding freedom of religion in Indonesia, constituting Islamic law, International Human Rights, and Particular Human Rights, have always sparked conflict unless these three concepts are accommodated by law. The analysis was performed by employing the doctrine of margin of appreciation. This research reveals that Pancasila could serve as the fundamental of Indonesia in facilitating the freedom of religion. This research also employed a normative-juridical method, interdisciplinary, statutory, and conceptual approaches.","PeriodicalId":432511,"journal":{"name":"Diponegoro Law Review","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120956778","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-10-27DOI: 10.14710/dilrev.7.2.2022.279-295
H. Tinambunan, H. Widodo, E. Puspoayu, Eliza Tiurmaida, Zefanya Annabella
There are significant numbers of the people of Surabaya City affected by the Government Regulation of Large-Scale Social Restrictions (PSBB), because they work in informal aspects, such as online motorcycle taxis and street vendors (PKL). Hence, it is necessary for the state to intervene in order to continue providing comfort for its citizens in the PSBB implementation. The purpose of this research is to show the responsibility of the state during the Covid-19 pandemic so as to provide social justice for the entire community. The empirical juridical research method was used to achieve the research objectives. The results of this study showed that the state’s responsibility for the economic and social life of the community was designed by the founding fathers, carried out by the state under any conditions, be it normal conditions or abnormal conditions. The state was responsible for the economic and social life of the community, given the fact that there was a gap between the rich and the poor in the society. Because there were economically and socially vulnerable groups of people, the role of the state was needed to eliminate oppression by the rich to the poor. The state could use its discretionary authority as a form of implementing state responsibilities to the community in accordance with the laws and regulations.
{"title":"STATE RESPONSIBILITY FOR IMPLEMENTING LARGE-SCALE SOCIAL RESTRICTIONS TO COMMUNITIES AFFECTED BY COVID-19 IN SURABAYA CITY","authors":"H. Tinambunan, H. Widodo, E. Puspoayu, Eliza Tiurmaida, Zefanya Annabella","doi":"10.14710/dilrev.7.2.2022.279-295","DOIUrl":"https://doi.org/10.14710/dilrev.7.2.2022.279-295","url":null,"abstract":"There are significant numbers of the people of Surabaya City affected by the Government Regulation of Large-Scale Social Restrictions (PSBB), because they work in informal aspects, such as online motorcycle taxis and street vendors (PKL). Hence, it is necessary for the state to intervene in order to continue providing comfort for its citizens in the PSBB implementation. The purpose of this research is to show the responsibility of the state during the Covid-19 pandemic so as to provide social justice for the entire community. The empirical juridical research method was used to achieve the research objectives. The results of this study showed that the state’s responsibility for the economic and social life of the community was designed by the founding fathers, carried out by the state under any conditions, be it normal conditions or abnormal conditions. The state was responsible for the economic and social life of the community, given the fact that there was a gap between the rich and the poor in the society. Because there were economically and socially vulnerable groups of people, the role of the state was needed to eliminate oppression by the rich to the poor. The state could use its discretionary authority as a form of implementing state responsibilities to the community in accordance with the laws and regulations.","PeriodicalId":432511,"journal":{"name":"Diponegoro Law Review","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130647870","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-10-27DOI: 10.14710/dilrev.7.2.2022.328-343
Y. Yulia, Herinawati Herinawati
The life of woodland area management based totally on commonplace forest regulation has been practiced by the Acehnese. This pastime is done via the wooded area Pawang commonplace organization which has been shown in Aceh Qanun No. 10 of 2008 regarding Customary Institution. This has a look at uses empirical prison research with a qualitative approach the use of primary information and secondary information. In acquiring number one records, respondents and informants had been decided. The effects of research in North Aceh District, forest control based totally on commonplace wooded area regulation has not been practiced optimally. It can be visible that there are nevertheless numerous sub-districts in North Aceh that don't but have the woodland Pawang Customary Institution. Paradoxically, this sub-district has a huge forest area. Then the sub-district authorities and community leaders also do now not understand approximately the woodland Pawang commonplace organization as confirmed in the Aceh Governance regulation and the Qanun on customary institutions. The woodland Pawang customary organization additionally does now not have the capacity and information of forest management based totally on customary wooded area law, so they have no longer been maximal in carrying out their responsibilities. There are numerous limitations in forest management primarily based on Customary law by the wooded area Pawang, such as infrastructure and types of networks and local government cooperation.
{"title":"CUSTOMARY LAW OF THE FOREST IN NORTH ACEH REGENCY","authors":"Y. Yulia, Herinawati Herinawati","doi":"10.14710/dilrev.7.2.2022.328-343","DOIUrl":"https://doi.org/10.14710/dilrev.7.2.2022.328-343","url":null,"abstract":"The life of woodland area management based totally on commonplace forest regulation has been practiced by the Acehnese. This pastime is done via the wooded area Pawang commonplace organization which has been shown in Aceh Qanun No. 10 of 2008 regarding Customary Institution. This has a look at uses empirical prison research with a qualitative approach the use of primary information and secondary information. In acquiring number one records, respondents and informants had been decided. The effects of research in North Aceh District, forest control based totally on commonplace wooded area regulation has not been practiced optimally. It can be visible that there are nevertheless numerous sub-districts in North Aceh that don't but have the woodland Pawang Customary Institution. Paradoxically, this sub-district has a huge forest area. Then the sub-district authorities and community leaders also do now not understand approximately the woodland Pawang commonplace organization as confirmed in the Aceh Governance regulation and the Qanun on customary institutions. The woodland Pawang customary organization additionally does now not have the capacity and information of forest management based totally on customary wooded area law, so they have no longer been maximal in carrying out their responsibilities. There are numerous limitations in forest management primarily based on Customary law by the wooded area Pawang, such as infrastructure and types of networks and local government cooperation.","PeriodicalId":432511,"journal":{"name":"Diponegoro Law Review","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129144935","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-10-27DOI: 10.14710/dilrev.7.2.2022.173-191
Tanto Lailam, Nita Andrianti
The research focuses on the gender equality and justice interpretation of women's political rights in the Constitutional Court decisions. The problem is how does the interpretation of the constitution protect and fulfill women's political rights?. The research method is legal doctrinal, focusing on constitutional interpretation with several approaches, including the statutory, analytical, and case approaches. The result of the research shows that the function of the Court as a protector of women's political rights is a consequence of the existence of human rights in the 1945 Constitution. Its guarantees the constitutional review authority to protect human rights. Based on several decisions of the Court: affirmative action case, leadership positions in the house of representatives case, the women position of governor and vice governor's appointment in a Special Region of Yogyakarta. These decisions, which are above cases, are a form of protection and fulfillment of women's political rights in realizing gender equality and justice. Of course, it is motivated by the fact that women's representation must be present in every political decision-making in the national and local governance.
{"title":"THE CONSTITUTIONAL INTERPRETATION OF WOMEN'S POLITICAL RIGHTS","authors":"Tanto Lailam, Nita Andrianti","doi":"10.14710/dilrev.7.2.2022.173-191","DOIUrl":"https://doi.org/10.14710/dilrev.7.2.2022.173-191","url":null,"abstract":"The research focuses on the gender equality and justice interpretation of women's political rights in the Constitutional Court decisions. The problem is how does the interpretation of the constitution protect and fulfill women's political rights?. The research method is legal doctrinal, focusing on constitutional interpretation with several approaches, including the statutory, analytical, and case approaches. The result of the research shows that the function of the Court as a protector of women's political rights is a consequence of the existence of human rights in the 1945 Constitution. Its guarantees the constitutional review authority to protect human rights. Based on several decisions of the Court: affirmative action case, leadership positions in the house of representatives case, the women position of governor and vice governor's appointment in a Special Region of Yogyakarta. These decisions, which are above cases, are a form of protection and fulfillment of women's political rights in realizing gender equality and justice. Of course, it is motivated by the fact that women's representation must be present in every political decision-making in the national and local governance.","PeriodicalId":432511,"journal":{"name":"Diponegoro Law Review","volume":"60 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133613927","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-10-27DOI: 10.14710/dilrev.7.2.2022.296-311
Abdul Rahman Sabara
This article examines how the Regional Autonomy in the Political System and Authority in Indonesia. Political System and Authority in Indonesia greatly influence the implementation of the Regional Autonomy in Indonesia. When the Political System and Authority are more directed towards centralized control, the implementation of the Regional Autonomy will weaken, conversely when division of authority from the central government to the regions occurs, the Regional Autonomy should function according to the principle of decentralization. When the position of the Regional Autonomy strengthens, euphoria of the elites in the regions would emerge. With the increase of regional sentiment and ethnocentrism local kings and various other bad effects would also arise.The implementation of the Regional Autonomy should function optimally if the Political System and Authority work in equilibrium, when the central and regional elites have the same focus and orientation on the welfare and social justice for all people of Indonesia.
{"title":"REGIONAL AUTONOMY IN THE POLITICAL SYSTEM AND AUTHORITY IN INDONESIA","authors":"Abdul Rahman Sabara","doi":"10.14710/dilrev.7.2.2022.296-311","DOIUrl":"https://doi.org/10.14710/dilrev.7.2.2022.296-311","url":null,"abstract":"This article examines how the Regional Autonomy in the Political System and Authority in Indonesia. Political System and Authority in Indonesia greatly influence the implementation of the Regional Autonomy in Indonesia. When the Political System and Authority are more directed towards centralized control, the implementation of the Regional Autonomy will weaken, conversely when division of authority from the central government to the regions occurs, the Regional Autonomy should function according to the principle of decentralization. When the position of the Regional Autonomy strengthens, euphoria of the elites in the regions would emerge. With the increase of regional sentiment and ethnocentrism local kings and various other bad effects would also arise.The implementation of the Regional Autonomy should function optimally if the Political System and Authority work in equilibrium, when the central and regional elites have the same focus and orientation on the welfare and social justice for all people of Indonesia.","PeriodicalId":432511,"journal":{"name":"Diponegoro Law Review","volume":"36 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125082987","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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