Catur Wido Haruni
Universitas Muhammadiyah Malang

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Constitutionality of monitoring and evaluation of regional regulation drafts and regional regulations by Regional Representative Council Catur Wido Haruni
Legality : Jurnal Ilmiah Hukum Vol. 30 No. 1 (2022): March
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v30i1.20532

Abstract

This research examines the constitutionality and legal implications of the DPD's new powers and duties in monitoring and evaluating regional regulation drafts in terms of the function of the DPD. The research method uses a normative approach and qualitative descriptive analysis. The results of the research show that the addition of the authority and duties of the DPD to carry out monitoring and evaluation constitutionally has no legal basis so the arrangement can be deemed unconstitutional. On the other hand, if the new authority arrangement for the DPD is seen as not contrary to the Constitution, then this will set a precedent so that the addition of the authority of the Regional Representatives Council is not only within the purview of supervision but it can also be carried out within that of legislation, without making changes to the constitution and simply through the Law. In terms of the legal implications of the authority and a new task of DPD to set the scope of monitoring and evaluation, monitoring and evaluation models, and overlapping authorities to conduct monitoring and evaluation with those in the Central Government, DPD cannot give any follow-up to monitoring results. Thus, restructuring the tasks and authority of the DPD in the constitution and the statute is a must.
IMPLEMENTATION OF THE SUPERVISION FUNCTION OF THE REGIONAL PEOPLE'S REPRESENTATIVE COUNCIL OF REGIONAL REGULATIONS IN SURABAYA CITY Dewi Agustin Dwiyanti; Catur Wido Haruni; Fitria Esfandiari
Jurnal Hukum Replik Vol 9, No 1 (2021): JURNAL HUKUM REPLIK
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v9i1.4163

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The Regional People's Representative Council (DPRD) as an element in administering the Regional Government which is positioned as an equal partner with the Regional Government has the main function of controlling the running of the Regional Government to realize good governance. So that the DPRD's oversight function of the implementation of Regional Regulations which is the main activity of DPRD in controlling the running of Regional Government will be the focus of research. The problem in this paper is knowing and analyzing the form of DPRD supervision on the implementation of Regional Regulations in the City of Surabaya and the follow-up of the supervisory function on the implementation of Regional Regulations in the City of Surabaya. In addition, it also analyzes the obstacles faced in carrying out this supervisory function. The method used is a sociological juridical approach, which is a study of the real situation of the community or the real situation in the field with the intent and purpose of finding facts. The results showed that the form of DPRD supervision of the implementation of Regional Regulations in the City of Surabaya was carried out through DPRD organs by means of preventive supervision and also repressive supervision. Furthermore, follow-up supervision is carried out by providing recommendations to the Regional Government to provide suggestions and to make improvements. The obstacles faced by the DPRD in carrying out its supervisory function are internal and external factors. Finally, carrying out the supervisory function of the Surabaya City DPRD has not been carried out optimally so that the implementation of the supervisory function needs regulations that regulate and also regulations related to the formal education standards for the recruitment of DPRD members.Keywords : Implementation, Control Function of Regional People’s Representative
ANALYSIS ON THE IMPOSITION OF ONLINE REKLAME TAX ACCORDING TO LAW NUMBER 28 OF 2009 Rizky Pratama Jawahir; Catur Wido Haruni; Fitria Esfandiari
Indonesian Journal of Law and Policy Studies Vol 2, No 1 (2021): Indonesian Journal of Law and Policy Studies
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/ijlp.v2i1.4201

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This research about the imposition of online billboard tax as reviewed from article 49 of law number 28 of 2009 concerning regional taxes and regional retribution. The research discusses tax imposition arrangements tax-based advertisements online on the Internet and social media as well as the legal implications of not being regulated as the basis for tax-based advertisements online the internet and social media. Because there are differences in tax treatment between the implementation of conventional advertisements with the based advertisements online. Conventional advertisements are taxed in accordance with the Regional Tax and Retribution Law. However, unlike the case with the advertisement on the internet and social media. This research uses normative juridical research. The approaches that are using are statute approach and conceptual approach. By using this approach can find online advertisements tax imposition arrangements tax based advertisements online on the Internet and social media as well as the legal implications of not being regulated the basis for tax based advertisements online the internet and social media. Based on this research of results, there are several provisions such as the Law on General Provisions and Tax Procedures, Act Income Tax and also the act of Value Added tax. However, conceptually, it is still unable to reach in detail the implementation of the tax based advertisements online. So that a legal vacuum, legal uncertainty in tax imposition and the gap in the value of justice in tax imposition. Based on this, it should be the Government strengthening the Laws and Regulations relating to Taxation. Then, collaborate with other government agencies in the field of communication and information technology. There is a need for a special provision that can accommodate the imposition of this online-based advertisement tax which is carried out through social media and the internet.
Community Political Participation In The 2019 Presidential And Vice-Presidential Elections In Malang Regency Catur WIdo Haruni
Audito Comparative Law Journal (ACLJ) Vol. 3 No. 2 (2022): May 2022
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/aclj.v3i2.20586

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Elections are a form of the will of the people in a democracy, without any election a country that calls its country a democracy must not be a democracy in the truest sense.  Democracy cannot live alone without the participation of the people.  Democracy is a superstructure that must be sustained by the substructure, that is, the people.  It is within this framework that society can play a role as a subject in determining the future direction of the nation and its state. In the 2019 Presidential and Vice-Presidential Elections, the level of participation of the people of Malang Regency is quite high and the high factor of the level of political participation of the people of Malang Regency is inseparable from the role and function of the KPU, the Po Party litik, Civil Society and the media are going well to make the 2019 elections a success.
Juridical Analysis of Simultaneous Election Postpones during the COVID-19 Pandemic: Legal Certainty Perspective Jauhar Nashrullah; Catur Wido Haruni; Sholahuddin Al-Fatih; Sayed Khalid Shahzad
Indonesia Law Reform Journal Vol. 2 No. 2: July, 2022
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (318.794 KB) | DOI: 10.22219/ilrej.v2i2.20995

Abstract

The COVID-19 pandemic has implications for the postponement of the Simultaneous Pilkades in Indonesia. It's interesting to examine more deeply how the Simultaneous Pilkades policy arrangements during the COVID-19 Pandemic are viewed from the aspect of legal certainty and the legal consequences of postponing the Pilkades during the COVID-19 Pandemic. The research method uses a normative juridical approach with the statute approach and case approach. Legal materials (primary, secondary ,tertiary) were collected through literature study and analyzed in depth using content analysis. Research shows that prior to the pandemic in the laws and regulations the rules regarding the postponement of Simultaneous Pilkades due to force majeure had not been regulated. The authority of the Ministry of Home Affairs to determine the postponement of the Simultaneous Pilkades also has multiple interpretations. The government's policy of issuing the Mendagri Circular is also inaccurate and does not provide legal certainty, the circular is not classified as a statutory regulation. The presence of Permendagri No.72 of 2020 provides legal certainty, the substance clearly regulates the authority of the Regent/Mayor to postpone the Simultaneous Pilkades. The legal consequence of postponing the Pilkades during the Pandemic Period is that many villages will be led by an Acting Village Head. In the future, the provisions regarding the postponement of Simultaneous Village Head Elections due to force majeure are clearly regulated in the legislation and in carrying out tasks by the Acting Village Head must be carried out with full responsibility, because the Acting has the same duties, authorities, obligations and rights as the definitive Village Head. Abstrak Pandemi COVID-19 berimplikasi pada penundaan Pilkades Serentak di Indonesia. Namun pengaturan ihwal penundaan Pilkades Serentak dalam peraturan perundang-undangan ternyata kurang jelas. Menarik untuk mengkaji lebih dalam bagaimana pengaturan kebijakan Pilkades Serentak di masa Pandemi COVID-19 ditinjau dari aspek kepastian hukum dan akibat hukum dari adanya penundaan Pilkades di masa Pandemi COVID-19. Metode penelitian menggunakan yuridis normatif dengan pendekatan perundang-undangan dan pendekatan kasus. Bahan-bahan hukum (primer, sekunder, tersier) dikumpulkan melalui studi kepustakaan dan dianalisa secara mendalam menggunakan metode analisis konten. Penelitian menunjukan bahwa sebelum pandemi dalam peraturan perundang-undangan (UU, PP, Permendagri) aturan mengenai penundaan Pilkades Serentak karena force majeur (bencana non alam) belum diatur. Kewenangan Kemendagri menetapkan penundaan Pilkades Serentak juga multitafsir. Kebijakan pemerintah mengeluarkan Surat Edaran Menteri Dalam Negeri juga kurang tepat dan tidak memberikan kepastian hukum, surat edaran bukan dikelompokkan sebagai sebuah peraturan perundang-undangan. Akhirnya kehadiran Permendagri No. 72 Tahun 2020 memberikan kepastian hukum, subtansinya mengatur secara jelas kewenangan Bupati/Walikota menunda Pilkades Serentak karena situasi darurat COVID-19 serta mekanisme dan teknis pelaksanaan Pilkades Serentak dalam situasi darurat COVID-19. Akibat hukum dari penundaan Pilkades di Masa Pandemi adalah banyak desa yang akan dipimpin oleh seorang Penjabat Kepala Desa. Kedepan ketentuan mengenai penundaan Pilkades Serentak karena force majeur diatur secara jelas dalam peraturan perundangan-undangan dan dalam pelaksanaan tugas oleh Penjabat Kepala Desa harus dilakukan dengan penuh tanggung jawab, karena Penjabat memiliki tugas, wewenang, kewajiban dan hak yang sama seperti Kepala Desa definitif.
Analisis Putusan No.39/Pid.B/2015/PN/Sit Dalam Perkara Tindak Pidana Pembalakan Liar Ditinjau Dari Aspek Keadilan Aristo Arie Notoprojo; Sholahuddin Al-Fatih; Catur WIdo Haruni
Indonesia Law Reform Journal Vol. 2 No. 2: July, 2022
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (186.428 KB) | DOI: 10.22219/ilrej.v2i2.22262

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The Illegal logging is an organized illegal timber use activity. This crime is usually carried out by more than two people in a certain time for the purpose of destroying forests and selling wood products illegally. In Decision No.39/Pid.B/2015/PN.Sit the defendant Asyiani was dropped by a criminal witness of illegal logging thanks to a special criminal offense. Where the defendant has carried out illegal logging on Perhutani's land. The problem with this research is What is the basis for the judge's consideration in Decision No.39/Pid.B/2015/PN.Sit regarding the crime of illegal logging and How due to the law of Decision No.39/Pid.B/2015/PN.Sit about the crime of illegal logging is reviewed from the justice aspect. The research methods used are normative legal methods that use primary legal materials, secondary legal materials, tertiary legal materials and data analysis. The results of the study show less precisely the judge's consideration in the case against the defendant and the legal consequences reviewed from the aspect of pancasila justice were less appropriate because the defendant was given a probation sentence in which the criminal act of illegal logging was one special crime. The author's advice needs to be done with fair funding according to the crime committed by the defendant and this problem can be resolved by deliberation
Implementation of Legal Protection for the Poor to Get Health Services Sandika Sandika; Fitria Esfandiari; Catur Wido Haruni
Indonesian Journal of Law and Policy Studies Vol 3, No 2 (2022): Indonesian Journal of Law and Policy Studies
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/ijlp.v3i2.7168

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ABSTRACT Legal protection of health services for poor patients is directed to be able to apply the principles of a comprehensive, integrated, equitable, and affordable. This is principally stated in Law 36/2009 on Health. However, services in the health sector as one of the implementations of legal protection, especially for the poor, are still not optimal. To overcome these problems, the authors provide two problem formulations, namely how the implementation of legal protection for the poor to obtain health services and how the government's efforts to provide legal protection for the poor to obtain health services. The research method used is a sociological juridical approach. Sources of data include primary and secondary data, data collection through interviews and further analysis. Based on the results of research and discussion, namely: First, the implementation of legal protection for the poor for health services has not run optimally. This is often found in the behavior of doctors who are less professional in serving the poor. Second, the government's efforts to provide protection to the poor have been implemented. One of them is the issuance of a health insurance card. This effort has a significant impact in its implementation so that it is more proactive in responding to health service problems experienced by poor patients.
Juridical Analysis of Presidential Term Extension Through Constitutional Amendment Rety Bella Octavya Zain; Catur WIdo Haruni; Sholahuddin Al-Fatih; Mohammad Al An'imat
Indonesia Law Reform Journal Vol. 3 No. 1 (2023): March, 2023
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ilrej.v3i1.24930

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One of the content materials in constitutional amendment process is Article 7 of 1945 Republic of Indonesia Constitution concerning the President's term of office being limited to only two terms. During the era of President Joko Widodo's leadership, the issue of extending presidential term into three terms resurfaced. This study raises the main issues studied are, First, how is the legal politics of extending the President's term of office in terms of the Presidential Government System. Second, what is the urgency of President's term extension in terms of the Presidential System. This research is a normative juridical research with legal materials. The approach method used is the statutory approach and the conceptual approach. This study uses a qualitative descriptive analysis technique. Based on the results of research and discussion, that First, legal politics in extending the presidential term of office, namely placing a place to filter leaders so they can advance in a direct democratic party has a logical consequence so that in a presidential system of government, the existence of political parties can certainly have an influence on support on every presidential policy taken. Second, the urgency of an extension of the term of office of President in terms of Presidential Government system, that there is no need to extend the term of office for three terms because it causes discontinuity regarding the terms of office of the President and Vice President in Indonesia in order to prevent authoritarianism. The advice from this paper is that the extension of the term of office of the President and Vice President is sufficient for 2 periods and there is no need for an extension of the term of office of the President for more than two consecutive terms, because it can lead to abuse of power.
Application of Capital Punishment for Narcotics Offenders in the Perspective of Responsive Law Muhammad Alief Yunas Pahlevi; Catur Wido Haruni; Said Noor Prasetyo
Rechtsidee Vol 11 No 2 (2023): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v13i1.1013

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This study employs a normative legal research method, grounded in the Nonet and Selznick theory of responsive law, to examine the implementation of capital punishment for narcotics offenders in Indonesia. Evaluating the punitive measures through the lens of responsiveness to societal goals, participation of vulnerable groups, and legal institutions' balanced response, the research highlights the need for a nuanced approach. Findings indicate that the current use of capital punishment lacks effectiveness and contradicts human rights principles. The study suggests a reassessment, prioritizing rehabilitation and decriminalization for a more humane and sustainable approach to combating narcotics trafficking. Highlights: The study reevaluates the application of capital punishment for narcotics crimes in Indonesia through the lens of responsive legal principles. Findings underscore the ineffectiveness of the current punitive measures and their conflict with human rights norms. The research advocates for a reconsideration of the approach, emphasizing rehabilitation and decriminalization to achieve a more humane and sustainable strategy against narcotics trafficking. Keywords: Capital Punishment, Narcotics Offenses, Responsive Law, Human Rights, Rehabilitation.