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KEBERADAAN DEWAN PERWAKILAN DAERAH (DPD) DALAM KETATANEGARAAN INDONESIA Aspani, Budi
Solusi Vol 15 No 3 (2017): SOLUSI
Publisher : Faculty of Law, University of Palembang

This research with normative juridical method. The Third Amendment of the 1945 Constitution, has established a new state institution, the Regional Representative Council (DPD). Underlying the formation of the DPD is the desire to better accommodate aspirations and at the same time provide greater role for the regions in the process of political decision-making for matters that are primarily related to the region. The above matter raises two problems, namely: 1 What is the function and authority of DPD in the Indonesian state administration system? 2. How far does the role of the DPD play in the decision-making process of state policies? The type of research used normative juridical research methods, and by using Primary Legal Material in the form of Shrimp-Invitation relating to Regional Representative Council and Legal Material in the form of Scripts in the form of literature and Tertiary Law Material in the form of research material taken from the internet, articles and opinions. Result: The function and authority of DPD in Indonesian state administration system is very limited, namely: a. DPD functions are limited to proposing, participating in discussions, giving consideration and supervision of certain laws. b.The authority of the DPD only deals with certain laws relating to regional autonomy and may give consideration to the DPR when the DPR exercises its authority.The role of DPD in the decision-making process of State policy is: a Explicitly the role of DPD is only limited to propose the proposal to participate in the deliberation, consideration, and supervision of certain laws.b.As the implicit role of DPD as a state legislative institution is very limited, as well as discussing and not as a breaker such as the House of Representatives (DPR).

PERANAN KEPALA DESA DALAM PENYELESAIAN PERSELISIHAN HUKUM ANTAR WARGA DESA Aspani, Budi
Solusi Vol 16 No 1 (2018): SOLUSI
Publisher : Faculty of Law, University of Palembang

Village Government consists of Village Head and Village Device as regulated in the above mentioned village law. That one of the duties and responsibilities of the Village Head is to reconcile the rural community disputes. The type of research used is empirical legal research and by using primary, secondary, and non-legal legal materials. The legal material can then be analyzed qualitatively. Qualitative analysis is done by describing the data generated in the form of explanations or descriptions of sentences to answer the subject matter. The results obtained that: The Village Head acts as a mediator and guided by deliberation to consensus. Disputes that can not be settled then both parties are handed over to the authorities or the authorities. Inhibiting Factors Lack of knowledge of the villagers of Parit about the role of village heads in settling disputes between citizens; The unambiguous provisions of the law on paradigms or models of disputes and disputes to be resolved by the Village Head; The community sometimes considers that if he reports or resolves through the village level, it means making a disgrace of himself in his neighborhood. Pushing Factors Starting the growing level of public awareness to create a safe and orderly environment in Parit Village; The Parit Village community is a homogeneous society so that people's tolerance is very good

EKSISTENSI PERADILAN TATA USAHA NEGARA DALAM PENYELENGGARAAN PEMERINTAHAN Aspani, Budi
Solusi Vol 17 No 2 (2019): SOLUSI
Publisher : Faculty of Law, University of Palembang

Legal protection of citizens for acts committed by the authorities can be done through 3 (three) bodies, namely the State Administration Agency, through administrative efforts, the State Administrative Court, based on Undag - Law Number 5 of 1986, General Judiciary, through Article 1365 of the Civil Code. In an effort to approach the main problem in this study, the authors use the type of library research that is descriptive analysis, namely by conducting research on library materials, then carried out an analysis by referring to the laws and regulations in the fields related to the problem under study. After discussing the existing problems, it can be concluded that the authority or competence of the State Administrative Court Judge is to examine, decide upon and resolve the State Administration dispute between civil persons or legal entities as a result of the issuance of a State Administration Decree. The State Administration Decree issued by the State Administration Agency / Officer can be denied by submitting Administrative Efforts consisting of Administrative Objections and Appeals. Against Decisions Administrative efforts in the form of administrative objections and appeals can be filed with the State Administrative Court within a grace period of 90 (ninety) days from the date of receipt or announcement of the Decree of the State Administration Agency / Officer.

KOMPETENSI ABSOLUT DAN RELATIF PERADILAN TATA USAHA NEGARA MENURUT UNDANG-UNDANG NOMOR 5 TAHUN 1986 Jo. UNDANG-UNDANG NOMOR 9 TAHUN 2004. Aspani, Budi
Solusi Vol 16 No 3 (2018): SOLUSI
Publisher : Faculty of Law, University of Palembang

ABSTRACT Indonesia is constitutionally constitutional state and requires the government through its apparatus in the field of State Administration to play a positive active role in all aspects of people's lives to achieve the prosperity of their people. Within this framework, it is not uncommon for a dispute to be caused by actions from the government in the form of irregularities, thus violating the human rights of its citizens. Strictly speaking, these deviations constitute government actions that are detrimental to those affected by the decision, in this case the people. The foregoing raises problems namely; whether any decision of the State Administration or Agency that causes harm to a person or legal entity can be submitted and sued as a dispute to the State Administrative Court and administrative efforts in which the decision can be sued again through the State Administrative Court. In this study the authors use the method of normative law research (normative law research) and by using primary, secondary and tertiary legal materials. Normative legal research examines laws that are conceptualized as the norms or principles that apply in society, and become a reference for each person's behavior. Management and analysis of data is done in a qualitative way that is analyzing library data to produce descriptive data. After conducting discussions on the existing problems, it can be concluded, Each decision of the State Administration Agency or officials that causes harm to civil legal persons or entities can be submitted and sued as a dispute to the State Administrative Court. Its relative competency is related to the place of residence or jurisdiction of the court itself, as well as the parties to the dispute. Whereas the absolute competence can be seen from the point of view of the basis of disputes, which is due to the issuance of written provisions by the State Administrative Court or Agency. Administrative efforts in resolving state administrative disputes are known as administrative channels or efforts, whether in the form of administrative appeals or objections. In accordance with the basis of our country's philosophy of Pancasila, then the state administrative disputes should be resolved as far as possible through administrative efforts, which are more deliberative in reaching consensus. But if all available administrative efforts have been used, it turns out that the disputing parties remain unsatisfied, then the matter is raised and sued through the State Administrative Court.

PERGESERAN HAK PREROGATIF PRESIDEN PASCA AMANDEMEN UNDANG-UNDANG DASAR 1945 Aspani, Budi
Solusi Vol 18 No 1 (2020): SOLUSI
Publisher : Faculty of Law, University of Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36546/solusi.v18i1.259

The President as the Head of State has prerogative rights besides having authority in outgoing relations contained in the 1945 Constitution. In the case of the formation, amendment and dissolution of state ministries after the 1945 Constitution Amendments do not become the full authority of the President, but are based on the law (Article 17 paragraph (4) of the 1945 Constitution), so that there will be no more unilateral dissolution of a state ministry by the President. The issues to be discussed are as follows: What has been changed in the amendment to the 1945 Constitution regarding the President's Prerogative Rights, and how the amendments to the 1945 Constitution on the President's Prerogative Rights on the government system in Indonesia. With the amendment of the 1945 Constitution four times, it has an influence on the position of the President in exercising his prerogative rights. The President's prerogative right before the amendment is not fully implemented to carry out the President's Constitutional obligations, but is related to political content. After the amendment to the 1945 Constitution there was a shift in the application of the President's prerogative rights, namely by including other state institutions in the implementation of the prerogative. Amendments to the 1945 Constitution on the President's Prerogative Rights did not result in a change in the Indonesian government system.

IMPLEMENTASI PERATURAN DAERAH KOTA PALEMBANG NOMOR 12 TAHUN 2013 TENTANG PEMBINAAN ANAK JALANAN, GELANDANGAN DAN PENGEMIS Aspani, Budi; Yusmanda, Riza
Solusi Vol 18 No 3 (2020): SOLUSI
Publisher : Faculty of Law, University of Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36546/solusi.v18i3.308

The problem of street children is a complex social problem related to other social problems such as poverty, neglect, victims of violence, due to natural disasters and so on. In the last decade, the problem of street children, homeless people and beggars has become one of the crucial problems both in terms of the complexity of the problem and the increasing quantity of neglected children. This study aims to look at how the Implementation of Palembang City Regulation Number 12 of 2013 concerning the Development of Street Children, Homeless and Beggars and determine the factors that are driving and inhibiting the Implementation of this Regional Regulation. This research is a qualitative descriptive study that is a study that is describing how the implementation and conditions in the field and data collection techniques in the form of field studies by conducting direct interviews with relevant parties. The results showed that the Implementation of Palembang City Regulation Number 12 of 2013 was good enough, it can be seen from the decreasing number of street children, homeless people and beggars in Palembang City. In addition, it is expected that a review of this regional regulation is expected to be needed, this is in line with conditions and conditions in the environment that may no longer be the same so that this Regional Regulation needs to be revised.

TINJAUAN YURIDIS DEWAN PERWAKILAN DAERAH DALAM MEMBUAT KEBIJAKAN NEGARA Aspani, Budi; Yusmanda, Riza
Solusi Vol 20 No 1 (2022): SOLUSI
Publisher : Faculty of Law, University of Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36546/solusi.v20i1.528

The formation of the Regional Representative Council was decided in the third Amendment to the 1945 Constitution. This accommodates aspirations and gives the regions a greater role in decision-making processes that are directly related to the region. This study discusses the authority of the Regional Representatives Council only to participate in discussing certain Draft Laws related to regional autonomy and can give consideration to the House of Representatives when exercising its authority. The role of the Regional Representative Council in the decision-making process on State policies. Implicitly the Regional Representative Council as a state legislative institution is very limited, namely only proposing and discussing and not as a breaker like the People's Representative Council.

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