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All Journal Brawijaya Law Journal : Journal of Legal Studies Arena Hukum Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada Yustisia Merdeka : Jurnal Ilmiah Hukum Jurnal Daya Mas : Media Komunikasi dan Informasi Hasil Pengabdian dan Pemberdayaan Masyarakat
Subadi Subadi
Universitas Merdeka Madiun
Humanities Education Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

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PERKEMBANGAN KONSEP ATAU PEMIKIRAN TEORITIK TENTANG DISKRESI BERBASIS INVESTASI DI DAERAH Subadi Subadi; Tiara Oliviarizky Toersina
Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada Vol 30, No 1 (2018)
Publisher : Fakultas Hukum Universitas Gadjah Mada

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (15.45 KB) | DOI: 10.22146/jmh.29222

Abstract

AbstractRegional autonomy as an effort to accelerate the welfare of the people still can not meet the expectations and still needed innovation or legal breakthrough by head of a district.  This research has revealed that discretion can be a crucial and innovative solution to address the need, deadlock, legal vacuum, policies and regulations for accelerating investment in the region, with the obligation of reporting to the superior authority and not exceeding the limits of authority. IntisariOtonomi daerah sebagai upaya mempercepat kesejahteraan rakyat masih belum dapat memenuhi harapan dan masih diperlukan inovasi atau terobosan-terobosan hukum oleh   kepala daerah. Penelitian ini telah mengungkap dan menemukan bahwa diskresi dapat menjadi solusi kreaktif dan inovatif untuk mengatasi kebutuhan, kebuntuan, kekosongan hukum, kebijakan dan regulasi untuk percepatan investasi di daerah, dengan kewajiban melaporkan kepada atasannya dan tidak boleh melampaui batas kewenangan.
Problematika Dan Implikasi Omnibus Law Cipta Kerja Pada Perseroan Terbatas Krista Yitawati; Anik Tri Haryani; Subadi; Adilla Nila Krusita
YUSTISIA MERDEKA : Jurnal Ilmiah Hukum Vol. 8 No. 2 (2022): JURNAL YUSTISIA MERDEKA
Publisher : Universitas Merdeka Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33319/yume.v8i2.187

Abstract

Abstract— Despite the various controversies, the presence of the Omnibus Law on Job Creation have repealed at least two regulations and changed at least 80 (eight twenty) other laws. One of those affected is the Law Number 40 of 2007 concerning Limited Liability Companies (UU PT). Study This study intends to examine what the existing concepts and problems look like on the Omnibus Law on Job Creation, as well as its implications for the regulation and the basic concept of a Limited Liability Company. This study is a normative research (doctrinal) to secondary data obtained from literature studies (library research), which consists of primary and secondary legal materials. Research result shows that the Omnibus Law is a legislative method by unites various types of laws into one specific law. This has the potential to negate the diverse interests of each laws in the name of one interest only. In addition, the practice of drafting it in Indonesia does not have a juridical basis and violates the principle of openness and participation. In terms of its implications for the PT Law, a number of the provisions in the Omnibus Law on Job Creation have expanded the meaning of the Company Limited by presenting the Sole Proprietorship model which gives birth to a number of contradictions in the basic concept of a Limited Liability Company, in addition to removing the minimum capital limit of the Company which is feared will cause vulnerabilities for business continuity.
Land Procurement for Upstream Oil and Gas Business Activities in Indonesia Subadi Subadi
Brawijaya Law Journal : Journal of Legal Studies Vol. 8 No. 1 (2021): Contemporary Issue in Private Law
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2021.008.01.03

Abstract

This paper aims to provide an understanding and insight regarding land procurement for oil and gas exploration activities and the development of regulations or legal and policy breakthroughs that have so far not been or very little exposed. Land procurement has always been a serious obstacle or obstacle to oil and gas exploration activities in Indonesia. Land procurement for oil and gas exploration using a business to business (B to B) mechanism makes it very difficult for SKK Migas and the contractor. In recent years, the government has made legal breakthroughs to simplify and accelerate the land procurement mechanism for exploration activities. This study uses a normative juridical method supported by in-depth interviews with legal experts, land acquisition committees, and landowners and has produced conclusions: First, the business to business (B to B) mechanism often faces obstacles and obstacles, such as; 1) refusal from the landowner; 2) inconsistency with the spatial layout; 3) there is a land dispute with other parties; 4) it is difficult for oil and gas contractors to process land certification. Second, discretion is considered as a legal breakthrough or new policy that is ideal in helping to smooth and accelerate the process of oil and gas production in Indonesia.
KONFLIK PENGUASAAN DAN PENGUSAHAAN SUMUR TUA MINYAK DAN GAS BUMI DI KABUPATEN BOJONEGORO, JAWA TIMUR Subadi Subadi
Arena Hukum Vol. 16 No. 1 (2023)
Publisher : Arena Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum.2023.01601.10

Abstract

The conflict of control and exploitation of old oil and gas wells in Bojonegoro Regency is a latent conflict between the people or groups of miners and Pertamina EP Asset IV Field Cepu, which is latent and difficult to resolve. This normative legal research, supported by in-depth interviews, aims to find the legal aspects of control and exploitation by the people and the multiple conflicts that occur as well as ideas for their resolution. The results show: 1) Pertamina EP's control and exploitation of old wells is based on statutory regulations, while the control and exploitation by the people is only based on customary law. 2) Differences in perception between Pertamina EP can be settled through: a) legalizing, facilitating requirements and shortening the bureaucracy for licensing upstream and downstream activities by the people; b) reducing the ambiguity attitude of Pertamina EP which does not want to work on old wells but still hopes for the results; c) Pertamina EP, the Regional Government and Perhutani should continue to provide guidance, supervision.
PARTISIPASI MASYARAKAT DALAM PENGAWASAN PEMILU DI DESA NGUJUNG, KECAMATAN MAOSPATI, KABUPATEN MAGETAN Taufiq Yuli Purnama; Sigit Sapto Nugroho; Subadi; Mudji Rahardjo
JURNAL DAYA-MAS Vol. 8 No. 1 (2023): JURNAL DAYA-MAS
Publisher : Universitas Merdeka Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33319/dymas.v8i1.103

Abstract

The purpose of writing this journal is to achieve balance and realize a democratic state based on Pancasila. Bawaslu Regulation Regulation of the General Election Supervisory Agency Number 21 of 2018 concerning Supervision of the Implementation of General Elections which regulates forms of public participation. The method used in the implementation of community service uses legal and practical counseling methods. In this socialization, it is a form of community participation in supervising general elections. Community service activities are carried out for the community and village officials regarding the form of community participation in supervising general elections. The results of the implementation of community service are the importance of the participation of elements of the community in this oversight function will affect the realization of strengthening the authority of Bawaslu in the implementation of elections in Indonesia where this also has an influence on the law enforcement of election organizers in Indonesia, in this case is community participation, the benchmark for community participation here can be measured from the existence of community participation in supervising the implementation of elections, especially in Ngujung Village to achieve balance and realize a democratic state based on Pancasila.
Co-Authors Adilla Nila Krusita Anik Tri Haryani Krista Yitawati Mudji Rahardjo Sigit Sapto Nugroho Taufiq Yuli Purnama Tiara Oliviarizky Toersina