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All Journal Nurani: Jurnal Kajian Syariah dan Masyarakat IBLAM Law Review
Agnes Harvelian
Universitas Brawijaya
Law, Crime, Criminology & Criminal Justice Social Sciences

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THE JURIDICAL BASIS OF GOVERNMENT REGULATION NUMBER 3 YEAR 2014 ON ACCELARATION DEVELOPMENT OF DISVANTAGED REGIONS REVIEW FROM THE PERSPECTIVE OF VALIDITY THEORY (Geltung) Saptono Jenar; Agnes Harvelian
IBLAM LAW REVIEW Vol. 1 No. 2 (2021): IBLAM LAW REVIEW
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat (LPPM IBLAM)

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (770.818 KB) | DOI: 10.52249/ilr.v2i2.14

Abstract

Research of validity (geltung) is discussing about how a rule applied in the administration of the state and government. This research intends to examine the enactment of Government Regulations on the acceleration of development of disadvantaged regions based on legal theory. This is a normative research, using literature studies, with the statutes approach and conceptual approach, and using descriptive analysis. Through this research, it was found that government policies related to the implementation of acceleration for development of disadvantaged regions has no legal basis for its validity, and it has been put aside of the higher legal norms (hierachichal of regulations) especially Laws Number 39 year 2008. Therefore, it is recommended that every policy implementation at the level of Government Regulation must be ordered by the rigt of higher Regulations or based on concretely regulated authority by higher norms.
Interpretation of the Constitution on the Arrangement of State-Owned Enterprises in the National Economic System Based on the Decision of the Constitutional Court Agnes Harvelian; Muchamad Ali Safa’at; Aan Eko Widiarto; Indah Dwi Qurbani
Nurani: Jurnal Kajian Syari'ah dan Masyarakat Vol 23 No 1 (2023): Nurani
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/nurani.v23i1.17109

Abstract

The constitutional interpretation of the regulation of State-Owned Enterprises (BUMN) is still looking for the right method, BUMN as the embodiment of the constitution for the state's responsibility in managing strategic resources that are used as wide as possible for the prosperity of the people. Submission of a judicial review to the Constitutional Court regarding BUMN can show the direction of constitutional interpretation given by the judges of the Constitutional Court. This article examines whether the constitutional interpretation of SOE arrangements is in accordance with Indonesia's national economic system. The method of approach in this writing is descriptive analysis which explains and analyzes the constitutional interpretation of SOE regulations. the results of the study reveal that the constitutional court has carried out its duties in accordance with the basic principles and principles of the constitution. The Constitutional Court in every decision in the field of BUMN dominates its interpretation by using an originalist interpretation.
Co-Authors Aan Eko Widiarto Indah Dwi Qurbani Muchamad Ali Safaat Saptono Jenar