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All Journal Jurnal Dinamika Hukum Jurnal IUS (Kajian Hukum dan Keadilan) Jurnal Konstitusi Syntax Literate : Jurnal Ilmiah Indonesia Nagari Law Review Ensiklopedia of Journal Unes Law Review Ekasakti Jurnal Penelitian dan Pengabdian (EJPP) UNES Journal of Swara Justisia Sibatik Journal : Jurnal Ilmiah Bidang Sosial, Ekonomi, Budaya, Teknologi, Dan Pendidikan Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP) Lareh Law Review Kanun: Jurnal Ilmu Hukum
Khairani Khairani
Fakultas Hukum Universitas Andalas
Arts Humanities Computer Science & IT Economics, Econometrics & Finance Education Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice Library & Information Science Physics Public Health Social Sciences Other

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Journal : Nagari Law Review

 1 
Kerangka Hukum Harmonisasi Peraturan Daerah Dalam Perspektif Teori Hirarki Perundang-Undangan Yeni Nel Ikhwan; Khairani Khairani
Nagari Law Review Vol 7 No 2 (2023): Nagari Law Review
Publisher : Faculty of Law, Andalas University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/nalrev.v.7.i.2.p.401-419.2023

Abstract

In Indonesia, it is known that there is a hierarchy of statutory regulations, known as the hierarchy of statutory regulations, which is based on the provisions of Article 7 paragraph (1) of Undang-Undang Nomor 12 Tahun 2011. This hierarchy of laws and regulations has the consequence of the provision that lower laws and regulations must not conflict with higher laws and regulations. Regional regulations as part of statutory regulations are also subject to this hierarchical concept. To guarantee the concept of hierarchy, it was then determined that there would be harmonization of regional regulations which were standardized in Undang-Undang Nomor 12 Tahun 2011, which was last amended by Undang-Undang Nomor 13 Tahun 2022. However, the provisions for the harmonization process contained in the Law were not accompanied by the establishment of implementing regulations that discussed in detail the procedures and methods for harmonization. This article will discuss further the position of the harmonization process for regional regulations in theory and how the process of harmonizing regional regulations is implemented in practice in Indonesia. So it is hoped that in the future recommendations will be able to be formulated for the process of harmonizing regional regulations which will make a positive contribution to efforts to overcome overregulation in the region.
Implikasi Pengisian Jabatan Tinggi Pratama Terhadap Pelaksanaan Putusan Pengadilan Tata Usaha Negara Akibat Pemberhentian Pejabat Tinggi Oleh Pejabat Pembina Kepegawaian Khairani Khairani; Gusminarti Gusminarti; Muhammad Qadri
Nagari Law Review Vol 7 No 2 (2023): Nagari Law Review
Publisher : Faculty of Law, Andalas University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/nalrev.v.7.i.2.p.341-353.2023

Abstract

This study aims to find a solution or policy in the case of the termination of the Senior High Officials (Regional Secretary of West Pasaman Regency) by Civil Service Officers (Regent of West Pasaman Regency). The Regional Secretary of West Pasaman Regency who was terminated then filed a lawsuit to Padang Administrative Court (PTUN Padang) which court stating that the decision that termination was invalid, so the Terminated Official had the right to be reinstated. The court decision could not be implemented and came to a dead end because the position had also been filled by another Official (the new Regional Secretary of West Pasaman Regency) by the merit system according to the State Civil Apparatus Law (ASN Law) which was elected by the Committee. The selection of the leaders of the Primary High Offices are based on the recommendations of the State Civilian Bureaucracy Commission (KASN). This research was conducted using a sociologic and juridical method that analyzes the application of laws and regulations. The results showed that the termination of the Regional Secretary of West Pasaman Regency in terms of authority was in accordance with the regulations but in terms of procedural the Regent did not follow the provisions contained in the Civil Servant Discipline Regulation because the tenure of the regional secretary was less than 2 years without any summons, but immediately issued a Termination Letter based on the recommendation from the Inspectorate and the Governor of West Sumatra. Implications of the reappointment of Manus Handri as regional secretary based on the court decision which states that the termination of the regional secretary is illegal, but cannot be implemented because the new regional secretary has been elected based on KASN recommendations during the process of resolving Manus Handri's lawsuit at court. Termination and reinstated are difficult to be implemented because there are unclear provisions on how long the Human Resources Officer can reinstate terminated Officials who submit their cases to the Court. Therefore, there must be clear provisions in Law Number 30 Year 2014 and / or in Law Number 5 Year 1986 concerning the position of Officials who challenge the Decree on Transfer or termination during the trial process until the court's decision has permanent legal force. There should be a clause so that the Civil Service Officer (PPK) does not fill a new official with a position that is currently being processed in court.
Sifat Rekomendasi Pengembalian Kerugian Negara Dalam Laporan Hasil Pemeriksaan Badan Pemeriksa Keuangan Candra Feri Caniago; Khairani Khairani; Yuslim Yuslim
Nagari Law Review Vol 7 No 2 (2023): Nagari Law Review
Publisher : Faculty of Law, Andalas University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/nalrev.v.7.i.2.p.373-389.2023

Abstract

Recommendations are suggestions from the examiner based on the results of the examination contained in the Audit Report (LHP) of the Supreme Audit Agency (BPK). Law No. 15/2004 mandates that recommendations must be followed up by responsible officials or parties. On several occasions, BPK has stated that its audit results are final and binding. A common recommendation in BPK's LHP is to return state losses to the state or regional treasury by stating the amount of money to be returned. Meanwhile, in other provisions, namely PP No. 38 of 2016 and BPK Regulation No. 3 of 2007, it is stated that the BPK audit results are one of the sources of information on the occurrence of losses, which will then be processed for imposition and compensation claims. In its provisions, all decisions arising from the process may differ from the state losses stated in the BPK's LHP. The purpose of this article is to examine the nature of the recommendations for the recovery of state losses in the BPK's LHP. This research is normative legal research with the approach of principles, cases, laws, and regulations. The results show that the BPK's recommendation is final and binding since the LHP is issued and submitted to the representative institution, so it must be followed up by providing answers and explanations to the BPK. Meanwhile, the state loss stated in the LHP BPK is not final. This is related to the authority of BPK, where the recommendation to recover state losses in the LHP BPK is not in the context of exercising the authority to calculate state losses, as well as assessing and/or determining the amount of state losses.
Co-Authors Agung Eka Mulya Dharma Anton Rosari Aprizon Zuhdi Aria Zurnetti Ashfihani Basnur Azmi Fendri Candra Feri Caniago Darnis Darnis Elwi Danil Engga Lift Irwanto Fajri Kurniawan Fikri Hasan Gusminarti Gusminarti Harry Ismaryadi Hengki Andora Hengky Andora Maudyta Putri Oktyawati Muhammad Qadri Nora Aisa Nurul Astri Haliza Puti Sari Mayang Rezi Yosrialde Putra Saufa Atika Ulya Sherly Mutya Siska Elvandari Sri Arnetti Sri Artnetti Trie Rahmi Gettari Trie Rahmi Gettari Trisanti Trisanti Yeni Nel Ikhwan Yudha Prasetyanov Yuslim Yuslim Yuslim Yuslim Yuslim Yuslim Yussy A. Mannas