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All Journal Jurnal Ilmiah Kebijakan Hukum BISNIS & BIROKRASI: Jurnal Ilmu Administrasi dan Organisasi
Rifki, M Saidi
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Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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The Formulation Impact of Investment-Hampering Regional Regulations Investment Ferza, Ray; Hamudy, Moh Ilham A; Rifki, M Saidi
Jurnal Ilmiah Kebijakan Hukum Vol 13, No 2 (2019): Edisi Juli
Publisher : Badan Penelitian dan Pengembangan Hukum dan Hak Asasi Manusia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (424.504 KB) | DOI: 10.30641/kebijakan.2019.V13.229-244

Abstract

After the ruling of the Constitutional Court (MK), Ministry of Home Affairs (MoHA) and the Provincial Government can no longer revoke the problematic Regional Regulation (Perda) via an executive review. This situation, would increase the difficulty for MoHA to revise the investment-hampering regional regulations. The problematic Regulations includes of Karawang District’s Perda No.1 of 2011 on the Management of Man Power and Bandung City’s Perda No. 19 of 2012 on Disturbance Permit and Charges. Therefore, this study seeks to have a general understanding of the two regulations, the factors that influence the formulation, and to establish a guideline for the formulation of an ideal regional regulation. To achieve those objectives, this research used the descriptive qualitative method. The results of the study reveal that the formulation of regional regulation process is plagued by problems such as the absence of Academic Papers, the insufficient stakeholders' involvements, the lack of monitoring by the provincial government on the district/municipal regulation formulation process, lack of understanding of investment principles and confusion with the regional government control function. The various factors that cause the issuance of problematic regulations are, among others, the central government’s regulatory packages, sociological elements, political elements, multi-interpretation in understanding the central government's regulation, as well as the fiscal capacity of the region. Therefore, the guidance of the Ministry of Home Affairs in supervising the regional government during the formulation process of districts/ municipal regulation related to investment is very much needed.
Public Private Partnership of Waste Management in West Java Ferza, Ray; Hamudy, Moh Ilham A; Rifki, M Saidi
BISNIS & BIROKRASI: Jurnal Ilmu Administrasi dan Organisasi Vol. 26, No. 2
Publisher : UI Scholars Hub

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Abstract

Despite the prominent reputation of West Java amongst Indonesian local government at the national level, waste management situation has remained not optimal. Fatal waste disasters in the form of landslides have occurred in this province. As a response, the Provincial Government of West Java created several regional policies for waste management. One area affected by policy implementation is the region of Nambo. This policy involved a cooperation scheme between the local government and a private entity public-private partnership (PPP) to establish the Nambo Final Waste Treatment and Processing Facility (known locally as TPPAS). This study seeks to examine and analyze the PPP scheme at TPPAS Nambo and produce a policy recommendation that might answer the study problem. Using descriptive methods and the qualitative approach, this study observes that the cooperation scheme has problems, including its financing scheme and the price determination for the refuse-derived fuel. Our analysis focuses on the situation at Nambo’s waste management, descriptions of the implementation of the PPP policy by the government and the private entity, the financing scheme, and optimization of the cooperation policy. This study covers problems, like imperfect waste management, a mazy financing scheme for waste management, and stalled optimization of the PPP policy for waste management. Finally, we recommend that an effective regulation should be the basis of regional cooperation policy in the area of waste management, and coordination across government agencies is required to ensure improvements in waste management performance in the regions.
Co-Authors Hamudy, Moh Ilham A Ray Ferza, Ray