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THE IMPLEMENTATION OF SPATIAL PLANNING POLICIES IN REGIONS IN REALIZING GOAL NUMBER 11 OF THE SUSTAINABLE DEVELOPMENT GOALS 实施区域空间规划政策，实现可持续发展目标的第11个目标

HERMENEUTIKA : Jurnal Ilmu Hukum Pub Date : 2023-02-24 DOI: 10.33603/hermeneutika.v7i1.8400

D. Lestari, Endang Sutrisno, Iis Krisnandar

{"title":"THE IMPLEMENTATION OF SPATIAL PLANNING POLICIES IN REGIONS IN REALIZING GOAL NUMBER 11 OF THE SUSTAINABLE DEVELOPMENT GOALS","authors":"D. Lestari, Endang Sutrisno, Iis Krisnandar","doi":"10.33603/hermeneutika.v7i1.8400","DOIUrl":"https://doi.org/10.33603/hermeneutika.v7i1.8400","url":null,"abstract":"Spatial planning is a juridical instrument for environmental protection and management which is then used as one of the main focuses of the United Nations in the Sustainable Development Goals. However, Indonesia, which is currently focused on development and accelerating the investment, results in frequent actions that neglect the use of space and the environment. This formulation of the research is the problem regarding the implementation of spatial planning policies in the regions in order to realize goal number 11 of the Sustainable Development Goals. The purpose of this study is to examine the implementation of regional spatial planning policies in order to realize goal number 11 of the Sustainable Development Goals. The paradigm used is critical legal studies with qualitative research and using socio legal research approach. The results of the study found that problems regarding the implementation of goal number 11 of the Sustainable Development Goals in Majalengka Regency still meet some obstacles because Indonesia, which is currently focused on the development period and accelerating investment, made Regional Regulation Number 11 of 2011 concerning Spatial Plans for Majalengka Regency 2011-2031 no longer implementable as a policy product that has been implemented by the Regional Government of Majalengka Regency.","PeriodicalId":206203,"journal":{"name":"HERMENEUTIKA : Jurnal Ilmu Hukum","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129480097","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}

引用次数: 0

MEANS OF CLASS ACTION LAWSUIT AS AN ALTERNATIVE AND SOLUTION FOR RECOVERING STATE AND COMMUNITY FINANCIAL LOSSES IN CORRUPTION DIRECT CASH ASSISTANCE VILLAGE FUNDS 集体诉讼手段作为追回腐败中国家和社区财政损失的一种选择和解决方案

HERMENEUTIKA : Jurnal Ilmu Hukum Pub Date : 2023-02-23 DOI: 10.33603/hermeneutika.v6i3.8341

Hairuddin Tomu, Muhadar Muhadar, Musakkir Musakkir

{"title":"MEANS OF CLASS ACTION LAWSUIT AS AN ALTERNATIVE AND SOLUTION FOR RECOVERING STATE AND COMMUNITY FINANCIAL LOSSES IN CORRUPTION DIRECT CASH ASSISTANCE VILLAGE FUNDS","authors":"Hairuddin Tomu, Muhadar Muhadar, Musakkir Musakkir","doi":"10.33603/hermeneutika.v6i3.8341","DOIUrl":"https://doi.org/10.33603/hermeneutika.v6i3.8341","url":null,"abstract":"The purpose of this study was to analyze the means of class action lawsuits that can be used as an alternative to recovering state losses and community losses as direct victims of Village Fund Direct Cash Assistance budget corruption. This type of research is normative legal research, namely looking at law from the point of view of norms which of course is prescriptive, using an analytical descriptive approach, namely describing the position of law as it is now. The legal materials used are primary legal materials, secondary legal materials, and tertiary legal materials obtained through library research, so that deeper analysis and understanding can be carried out so that there is a strengthening of the legal basis to produce good legal analysis. The collected legal materials were then analyzed using qualitative analysis techniques. The results of the study show that the use of class action lawsuits can be used as an alternative to recover state losses and community losses due to acts of corruption in the Village Direct Cash Assistance budget. Class action facilities are far more effective and efficient in efforts to eradicate corruption which do not burden the state budget, compared to enforcing criminal law through the criminal justice system (police, prosecutors, courts, and correctional institutions). In addition, the implementation of the execution of the return of compensation through class action facilities is more accommodative and equivalent because the legal interests of the injured stakeholder, in this case, the State and the people of the Direct Cash Assistance (Bantuan Langsung Tunai/BLT) Fund Beneficiary Group, can both be restored.","PeriodicalId":206203,"journal":{"name":"HERMENEUTIKA : Jurnal Ilmu Hukum","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117131152","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}

引用次数: 0

FORCED MARRIAGE OF VICTIMS OF SEXUAL VIOLENCE AS A FORM OF SETTLEMENT IN VICTIMOLOGICAL PERSPECTIVE 从受害者角度看，性暴力受害者的强迫婚姻是一种解决方式

HERMENEUTIKA : Jurnal Ilmu Hukum Pub Date : 2023-02-23 DOI: 10.33603/hermeneutika.v6i3.8335

Shinta Diva, Gialdah Tapiansari Batubara

引用次数: 0

JURIDICAL ANALYSIS FOR LEGAL HOLDERS OF PROPERTY RIGHTS CERTIFICATES IN CASES OF OVERLAPPING OF LAND 土地重叠案件中权利人的法律分析

HERMENEUTIKA : Jurnal Ilmu Hukum Pub Date : 2023-02-23 DOI: 10.33603/hermeneutika.v6i3.8327

Johannes Evan Budiman, Felix Furguson, Angie Angie

引用次数: 0

RAISING TRAFFIC AWARENESS IN SOCIETY 提高社会的交通意识

HERMENEUTIKA : Jurnal Ilmu Hukum Pub Date : 2023-02-23 DOI: 10.33603/hermeneutika.v6i3.8342

Abdel Asís, Slamet Sampurno S, Dara Indrawati, Siti Isti Dwi Pratiwi, Ervinadia Ghita Syahfitri

引用次数: 0

LEGAL ASPECTS OF CONVECTION-BASED MSME B3 WASTE MANAGEMENT VALUES OF LEGAL JUSTICE 基于对流的中小微企业b3废物管理的法律正义价值

HERMENEUTIKA : Jurnal Ilmu Hukum Pub Date : 2023-02-23 DOI: 10.33603/hermeneutika.v6i3.8333

Arief Fahrurrozie Hidayat, Endang Sutrisno, Sudarminto Sudarminto

{"title":"LEGAL ASPECTS OF CONVECTION-BASED MSME B3 WASTE MANAGEMENT VALUES OF LEGAL JUSTICE","authors":"Arief Fahrurrozie Hidayat, Endang Sutrisno, Sudarminto Sudarminto","doi":"10.33603/hermeneutika.v6i3.8333","DOIUrl":"https://doi.org/10.33603/hermeneutika.v6i3.8333","url":null,"abstract":"Environmental pollution which can result further because in addition to environmental damage it also poses a hazard, namely specifically the presence of known hazardous and toxic waste. in Sukaraos Village, Cikijing District, Majalengka Regency, which can result in B3 waste pollution in its business so this needs attention from the central government and local governments. The author will review this research to find out related to legal studies in B3 waste management to realize legal justice and aspects of law enforcement carried out by the Majalengka Regency Environmental Service. the analysis is qualitative analysis. Majalengka Regency Regent Regulation Number 33 of 2019 related to the management of hazardous and toxic waste does not reflect legal justice for MSME business actors Convection this is due to the absence of obligations from the local government for the allocation of B3 waste management for business actors, difficult permits and management fees waste that is charged to business actors and is expensive. The aspects of law enforcement carried out by the Majalengka Regency Environmental Service are still not effective because there are factors in law enforcement itself, including legal factors, law enforcement factors, facilities factors, community factors and legal culture factors that have not been realized by the community. The conclusion of this study is that the existing regulations in Majalengka Regency and other regulations have not created legal justice for the perpetrators themselves because environmental law enforcement and protection of business actors have not been maximized due to several law enforcement factors that do not run optimally.","PeriodicalId":206203,"journal":{"name":"HERMENEUTIKA : Jurnal Ilmu Hukum","volume":"125 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115159227","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}

引用次数: 0

EFFORTS TO UNDERSTAND COMMUNITY LAW THROUGH UTILIZATION OF LEGAL CONSULTATION AND AID UNITS 努力通过法律咨询和援助单位了解社区法律

HERMENEUTIKA : Jurnal Ilmu Hukum Pub Date : 2023-02-23 DOI: 10.33603/hermeneutika.v6i3.8340

Birkah Latif, Aidir Amin Daud, Padma D. Liman, Ahmad Ridha, Agung Syaputra

引用次数: 1

REGIONAL HEAD OFFICIAL APPOINTMENT MECHANISM DURING THE CONDITIONAL REGIONAL HEAD ELECTION TRANSITION PERIOD 地区负责人在有条件的地区负责人选举过渡期正式任命机制

HERMENEUTIKA : Jurnal Ilmu Hukum Pub Date : 2023-02-23 DOI: 10.33603/hermeneutika.v6i3.8322

Saparuli Saparuli, Punta Yoga

{"title":"REGIONAL HEAD OFFICIAL APPOINTMENT MECHANISM DURING THE CONDITIONAL REGIONAL HEAD ELECTION TRANSITION PERIOD","authors":"Saparuli Saparuli, Punta Yoga","doi":"10.33603/hermeneutika.v6i3.8322","DOIUrl":"https://doi.org/10.33603/hermeneutika.v6i3.8322","url":null,"abstract":"After the Decision of the Constitutional Court Number 14/PUU-XI/2013, ordered the General Election and Pilkada to be carried out simultaneously. since then simultaneous regional elections nationally and all aspects of its implementation have begun to be established in stages, based on Article 201 of Law no. 10 of 2016 will be implemented in 2024. This is the basis for legitimacy for the central government to appoint acting regional heads in taking control of local government. As a consequence of the implementation of the simultaneous local elections in 2024, there will be a vacancy in the post of Regional Head whose term of office expires in 2022 and 2023. Filling in positions is an important element in constitutional law. Without being filled in by officials, the functions of the follow-up position may be carried out as they should. The government needs to consider making implementing regulations, the mechanism for appointing Acting (Pj) regional heads and their authority is clear so that the appointment of these officials does not ignore democratic principles and at the same time provides guarantees for the community. This research is to find out the mechanism for the appointment and authority of Acting (Pj) Regional Heads during the simultaneous local election transition period. Normative legal research methods using statutory approaches (Statute Approach) and conceptual approaches (Conceptual Approach). The results of the study show that the Acting (Pj) is the definitive replacement for the regional head when there is a vacancy in the positions of the regional head and deputy regional head simultaneously during the simultaneous Pilkada transition period. The Acting Governor is appointed by the President through the proposal of the Minister of Home Affairs while the Acting Regent/Mayor is determined by the Minister of Home Affairs.","PeriodicalId":206203,"journal":{"name":"HERMENEUTIKA : Jurnal Ilmu Hukum","volume":"272 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116550291","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}

引用次数: 0

VILLAGE GOVERNMENT IMPLEMENTATION BASED ON LAW NUMBER 6 OF 2014 村政府依据2014年第6号法律实施

HERMENEUTIKA : Jurnal Ilmu Hukum Pub Date : 2023-02-23 DOI: 10.33603/hermeneutika.v6i3.8326

Budi Santoso, Arif Awangga

{"title":"VILLAGE GOVERNMENT IMPLEMENTATION BASED ON LAW NUMBER 6 OF 2014","authors":"Budi Santoso, Arif Awangga","doi":"10.33603/hermeneutika.v6i3.8326","DOIUrl":"https://doi.org/10.33603/hermeneutika.v6i3.8326","url":null,"abstract":"The purpose of this research is to find out how the village government functions in carrying out village autonomy. Based on Law no. 6 of 2014 concerning Village Autonomy and how the concept of village financial management is based on Law no. 6 of 2014 concerning Village Autonomy. This study uses normative legal research methods so that it can be concluded: 1. The government and BPD are village administrations that have a very important role in administering village governance. With the existence of Law Number 6 of 2014 in its implementation it reflects village genuine autonomy, democratization, participation and diversity as the foundation of village thinking. The village government is the village head and village apparatus as elements of village administration. Meanwhile, village officials consist of a village secretariat led by a village secretary, field technical implementers and regional elements adapted to the needs and conditions of the local region. 2. The concept of village finance is almost the same as the concept of state finance, carried out through the Village Revenue and Expenditure Budget mechanism, which consists of the village revenue, expenditure and financing sections, which are carried out by the Village Head and his apparatus which are discussed jointly with the Village Consultative Body. Village financial management has juridical implications for the Village Head and the Village Consultative Body to be able to compile, authorize, implement, supervise and be accountable for village financial management. If there is negligence or intentional action, it will result in accountability both administratively and criminally. Regency/City Governments are obliged to allocate a budget for village finances, as well as provide guidance and supervision.","PeriodicalId":206203,"journal":{"name":"HERMENEUTIKA : Jurnal Ilmu Hukum","volume":"80 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132171653","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}

引用次数: 0

ACCELERATION OF THE ROLE OF THE KPK IN PREVENTION AND ERADICATION OF CORRUPTION CRIMINAL ACTS POST AMENDMENT TO LAW NUMBER 19 OF 2019 2019年第19号法律修订后，加快肃贪委在预防和根除腐败犯罪行为方面的作用

HERMENEUTIKA : Jurnal Ilmu Hukum Pub Date : 2023-02-23 DOI: 10.33603/hermeneutika.v6i3.8346

Anwar Anwar, Fathur Rauzi

{"title":"ACCELERATION OF THE ROLE OF THE KPK IN PREVENTION AND ERADICATION OF CORRUPTION CRIMINAL ACTS POST AMENDMENT TO LAW NUMBER 19 OF 2019","authors":"Anwar Anwar, Fathur Rauzi","doi":"10.33603/hermeneutika.v6i3.8346","DOIUrl":"https://doi.org/10.33603/hermeneutika.v6i3.8346","url":null,"abstract":"The Corruption Eradication Commission in carrying out its duties and authorities is independent and free from the influence of any power. This article aims to describe the efforts of the Corruption Eradication Commission in preventing the eradication of criminal acts of corruption after the enactment of Law Number 19 of 2019 concerning the Second Amendment to Law Number 30 of 2002 concerning the Corruption Crime Commission. This type of research is normative legal research which is oriented to processing legal principles, legal doctrines, and current law. This research also uses primary legal materials, secondary legal materials, and tertiary legal materials. The three legal materials were collaborated in an analytical and prescriptive study in this study using a statutory and conceptual approach. The findings in this study reveal that the revised KPK Law provides convenience in enforcing the law on corruption by building synergy with other law enforcement officials such as the Indonesian National Police, the Indonesian Attorney General's Office by prioritizing prevention without ignoring the principles of eradicating corruption. In addition, the Corruption Eradication Commission's supervisory board is a state institution within the executive power cluster that carries out the task of preventing and eradicating criminal acts with a supervisory function to carry out the oversight function in the process of enforcing criminal acts of corruption committed by the Corruption Eradication Commission.","PeriodicalId":206203,"journal":{"name":"HERMENEUTIKA : Jurnal Ilmu Hukum","volume":"12652 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127685835","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}

引用次数: 0