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Advancements in Diplomatic Efforts of Indonesia in Combating Covid-19 Compared to ASEAN Countries in Achieving National Pandemic Resilience Agung Tri Putra
Jurnal Mengkaji Indonesia Vol. 2 No. 1 (2023): July
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jmi.v2i1.104

Abstract: Indonesia's Diplomatic Resilience is an interesting subject to discuss, in this study the authors attempted to conduct a comparative study between Indonesia's national resilience compared to countries in ASEAN. The author takes 3 samples of countries through countries in ASEAN, namely countries with the highest GDP in ASEAN, middle, and low. This disaggregation of GDP per capita will have an impact on economic and military data which will be combined to become an important variable in the influence of Indonesian Diplomacy in realizing National Defense. The author tries to describe how Indonesia's diplomacy works to achieve national resilience, an example is how Indonesia can become a country among the G20, whereas if you look at the poverty in Indonesia, it is not as low as countries like Singapore or Malaysia. The theory that will be used in this research is the rational choice theory to explain the tendency of interaction between one country and another. In particular, the concept of rational choice theory will depart from economic, geopolitical, and military capital as well as the position of the state in the region to determine the strategic policy of a state. Purpose: The purpose of this research is to provide novelty to the study of National Resilience which rarely influences diplomacy in realizing Indonesia's national resilience. Design/Methodology/Approach: This research will use a literature study approach which will also be explored through case studies and comparisons of key variables from countries in ASEAN in determining the influence of diplomacy. Findings: There is strong power in the formulation of foreign policy to solve a problem. The instruments to carry it out are not only military and economic power, but many other factors such as territory and bargaining position as well as diplomacy. The existence of diplomacy is very important to provide further communication of national interests which can be rationalized through the power of appeal. Therefore, Indonesia can make a lot of progress in getting through the Covid-19 pandemic, especially compared to other ASEAN countries. Of course, Indonesia only lost the power of vaccine diplomacy with Singapore, which had obtained Pfizer and Moderna first. However, when compared to other countries such as Malaysia, Vietnam, and the Philippines, Indonesia has stronger diplomatic powers. Originality/Value: This research will become a new milestone in the study of national security, especially in the sphere of diplomatic resilience which is rarely used as the main variable in national security. The research indicator that will be used by the first author is the success index of diplomatic efforts both within the military and economic frameworks. This data can be obtained from the ministry of foreign affairs or related agencies of the Indonesian government. The second indicator is the national interest of the Indonesian government or the priority of negotiation and diplomacy, especially during the Covid-19 pandemic. Third, an indicator that needs to be considered is Indonesia's bargaining power compared to other countries, including diplomatic partners in obtaining its national interests.

Kewenangan Presiden dalam Menilai Kondisi Kegentingan Yang Memaksa Vikhy Koko Satriawan; Ahmad Sholikhin Ruslie
Jurnal Mengkaji Indonesia Vol. 2 No. 1 (2023): July
Publisher : CV. Era Digital Nusantara

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Abstract: PERPPU is the authority of the President according to Article 22 paragraph (1) of the 1945 Constitution of the Republic of Indonesia which can be stipulated based on a compelling condition of urgency. Purpose: The purpose of the research is to determine the compatibility of PERPPU Job Creation whit the Constitutional Court Decision Number 91/PUU-XVIII/2020. Design/Methodology/Approach: The type used in this research is normative legal research, and uses several approaches, namely the statute approach, conceptual approach, and historical approach. Findings: The results of this research show that in the formation of the Job Creation PERPPU there were no coercive conditions that forced it, and it was not in accordance with what was meant in the Constitutional Court Decision Number 91/PUU-XVIII/2020. Originality/Value: There has not been much research regarding the compatibility of PERPPU Job Creation whit the Constitutional Court Decision Number 91/PUU-XVIII/2020. Apart from that, this research will also explain the urgency that forced the formation of PERPPU Job Creation.

Penetapan Alam Sebagai Subjek Hukum Miftakhul Shodikin
Jurnal Mengkaji Indonesia Vol. 2 No. 1 (2023): July
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jmi.v2i1.219

Abstract: Legal subjects who are believed to be the holders of rights and obligations in fact, over time always experience expansion or development. After women were recognized as having legal status and corporations as non-human legal subjects, a new legal subject emerged, namely: nature. Ecuador gave the rights to nature that were embedded in the 2008 constitutional amendments, the Whanganui River in New Zealand was recognized as a legal subject with representatives of the Maori tribe, and the Ganges and Yamuna Rivers and their attributes through a decision in HC Uttarakhand India established them as legal subjects. These three legal precedents are important breakthroughs in the concept of "legal entity". Apart from that, it is also an alternative to the stalemate problem of natural destruction and environmental crisis, so that with this the determination of nature as a legal subject cannot be avoided. Purpose: Research with the aim of knowing how to determine nature as a legal subject. Where this writing should be able to contribute to the uniqueness of the science of law especially in international law moreover this research can also contribute ideas so that it can become input and/or reference for practitioners, and public officials in decision-making, environmental activists, and all human beings who care for the balance of nature. Design/Methodology/Approach: This legal research is normative legal research. The approach used is a statute approach, a case approach, and a comparative approach. Findings: Based on historical facts, the subject of law has always been and will continue to experience expansion. After women and corporations were recognized as legal subjects several decades ago, it is now nature's turn to gain recognition as an entity holding rights and obligations. This is due to a paradigm shift in the relationship between humans and nature. The view of humans as the center of nature "anthropocentrism" is replaced with a view of deep ecology represented by ecocentrism and biocentrism environmental ethics. In essence, this view leads to the recognition of equality for every living thing or ecological justice. Originality/Value: There is no research that discusses nature as a legal subject, so this is new research.

Dilema Pembangunan di Indonesia: Analisis Mengenai Dampak dan Implikasi Kebijakan Pembangunan Era Presiden Joko Widodo Rafi Aufa Mawardi
Jurnal Mengkaji Indonesia Vol. 2 No. 1 (2023): July
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jmi.v2i1.246

Abstract: Under the leadership of President Joko Widodo, Indonesia carried out a massive escalation and acceleration of development. The development configuration that focuses on infrastructure is directly proportional to economic growth at 5.31%. However, this has resulted in various fundamental problems and implications for dependence on foreign countries. This study analyzes development policies in Indonesia and their impacts and implications for various sectors. This study uses qualitative research methods with a literature study approach and the paradigm of modernization and dependency as an analytical framework. This research reveals that infrastructure-oriented development in Indonesia has left several problems in social, culture, economic and environmental aspects. Besides that, the linear implication of development in Indonesia is the occurrence of dependence between Indonesia and foreign countries along with the high amount of debt and investment. Purpose: This study aims to analyze in depth about development in Indonesia using two paradigms, namely the modernization paradigm and the dependency paradigm. Design/Methodology/Approach: This study used a qualitative research method with a literature study approach. Findings: This research found that the reality of infrastructure-oriented development in Indonesia gave birth to various problems in social, culture, economic and environmental aspects. In addition, this development coherently has implications for dependence between Indonesia and foreign countries in line with the high amount of debt and investment. Originality/Value: This research explains comprehensively the impacts and implications of infrastructure development in Indonesia in terms of social, economic and environmental dimensions. Then, this study conducts an in-depth analysis using two development paradigms, namely modernization and dependency.

Politik Identitas Etnis Kedang Pada Pemilihan Kepala Daerah Kabupaten Lembata 2017 Gabriel Durah Langoday
Jurnal Mengkaji Indonesia Vol. 2 No. 1 (2023): July
Publisher : CV. Era Digital Nusantara

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Abstract: This article examines how political decentralization in the 2017 regional elections has shaped the phenomenon of the use of identity politics that successfully won the SUNDAY pair (Eliaser Yentji Sunur and Thomas Ola Langoday) in the implementation of the 2017 regional elections in Lembata Regency. Local political dynamics that are still influenced by primodial sentiments have become a factor that fertilizes the use of identity politics in local politics. The 2017 elections in Lembata Regency were followed by five pairs of candidates with the victory of the SUNDAY pair in two sub-districts with a total vote of 70%, showing how the issue of identity politics played can increase the votes of candidates for Regent and Vice Regent in the implementation of the elections. Purpose: The purpose of this article is to see how the issue of identity politics was formed by SUNDAY pair in gaining support from ethnic kedang in the 2017 regional election. Design/Methodology/Approach: This research uses a descriptive qualitative approach by attempting to explain how identity issues were formed and raised as an effort to win the SUNDAY pair. Determination of Informants using snowball technique starting from key informants, Various information that will be obtained from key informants will be used as reference material in determining other informants.. Findings: The results showed that the victory of the SUNDAY pair was inseparable from its ability to determine the segmentation of voters who were more dominantly interested in various issues of identity politics. Identity issues were used to gain support from the Kedang community located in two sub-districts, namely Omesuri and Buyasuri, displayed in the form of using local languages in various campaign activities and raising the social conditions of the Kedang community through folklore that has grown in the community, thus succeeding in creating a voting power group between the Lamaholot and Kedang ethnicities. Originality/Value: This research is more focused on the use of Kedang ethnic identity politics in winning Sunday pairs in the 2017 regional elections Keywords: Identity Politics, Kedang, Lembata, Pilkada

Perspektif dan Langkah Politik Penyelesaian Ketetapan Majelis Permusyawaratan Rakyat dalam Sistem Ketatanegaraan Indonesia Otto Trengginas Setiawan
Jurnal Mengkaji Indonesia Vol. 2 No. 1 (2023): July
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jmi.v2i1.274

Abstract: TAP MPR merupakan produk hukum yang dibentuk oleh MPR sejak adanya lembaga MPR. Produk hukum TAP MPR memang tidak dinyatakan secara tegas dalam UUD 1945. Penggunaan nomenklatur “Ketetapan” merupakan penafsiran terhadap ketentuan Pasal 3 UUD NRI 1945. Saat ini, terdapat 14 (empat belas) Ketetapan MPRS dan TAP MPR yang dinyatakan masih berlaku berdasarkan TAP MPR Nomor I/MPR/2003, baik berlaku dengan ketentuan maupun berlaku sampai dengan terbentuknya undang-undang. Berbagai Ketetapan MPRS/MPR yang dinyatakan masih berlaku tersebut merupakan haluan negara, memiliki kekuatan hukum yang mengikat, dan memiliki fungsi untuk menegakkan mekanisme checks and balances dalam penyelenggaraan kehidupan berbangsa dan bernegara. Akan tetapi dalam praktiknya, DPR dan Presiden ketika membentuk undang-undang seringkali tidak menjadikan TAP MPR sebagai dasar hukumnya. Banyak lembaga-lembaga negara lainnya dalam membuat kebijakan juga tidak menggunakan TAP MPR yang masih berlaku sebagai dasar rujukannya. Tidak digunakannya TAP MPR sebagai dasar rujukan mengakibatkan TAP MPR yang masih berlaku menjadi mubadzir, seolah-olah tidak ada manfaat hukum dan manfaat politiknya, sehingga terdapat konsekuensi hukum dan konsekuensi politik terhadap pengabaian terhadap TAP MPR yang masih berlaku tersebut. MPR sebagai lembaga negara yang senyatanya ada dan keberadaaannya diatur di dalam UUD NRI Tahun 1945. Purpose: tulisan ini ingin memaparkan tujuan dari pembentukan TAP MPR dan menyumbangkan peta solusi secara politik untuk MPR sendiri dapat mengevaluasi TAP MPR yang masih berlaku. Design/Methodology/Approach: Penelitian ini menggunakan metode penelitian kualitatif berupa pendekatan studi pustaka dan perspektif politis. Findings: berdasar hasil temuan penelitian, ditemukan bahwa seharusnya MPR memiliki kegiatan bersifat rutin sebagaimana lembaga-lembaga negara yang lain dalam hal pelaksanaan tugas dan wewenangnya. Kewenangan MPR yang bersifat rutin saat ini hanya melantik Presiden dan Wakil Presiden, dan Sidang Tahunan MPR, sedangkan kewenangan lain yaitu mengubah dan menetapkan UUD serta memberhentikan Presiden dan/atau Wakil Presiden dalam masa jabatannya menurut UUD bersifat insidental. Sedangkan salah satu tugas MPR untuk Meninjau dan Mengevaluasi Pelaksanaan Ketetapan MPR RI untuk ditindaklanjuti oleh DPR dan Pemerintah belum pernah dilaksanakan. Originality/Value: Kajian tentag Ketetapan MPR banyak ditulis dalam perspektif hukum, sehingga masih belum ada yang mengkaji dari sudut pandang politik.

Urgensi Penerapan Constitutent Recall Achmad Zarkasyi Yahya; Hufron Hufron
Jurnal Mengkaji Indonesia Vol. 2 No. 1 (2023): July
Publisher : CV. Era Digital Nusantara

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Abstract: So far, the concept of a recall occurring in Indonesia is fully controlled by political parties and is seen as injuring the spirit of people's sovereignty. Yet according to the constitution, the people have sovereignty. In the end, equality is realized only in the process of selecting political officials. But the people are not given the right to recall elected political officials. Precisely political parties have this right so that the sovereignty of the people shifts to the sovereignty of political parties. As a result, political officials will be more submissive and obedient to political parties than their voters. Purpose: This research aims to open updated insights regarding the concept of constituent recall or referendum recall in an effort to strengthen people's sovereignty. Design/Methodology/Approach: In this research uses the type of normative legal research. Using a statutory approach and a conceptual approach. In other words, this research aims to solve a problem over existing legal issues, of course, supported by a statute approach related to the issue raised, as well as raising cases that have permanent legal force, and using a conceptual framework that is guided by views and doctrines. legal in law. Findings: Political parties are seen as hampering the process of channeling people's aspirations within the legislature, often carrying out recalls without asking for the approval of the people and giving the main delegation to members of the DPR and DPRD. As stated in the 1945 Constitution regarding the sovereignty of the people, therefore, in the recall process, members of the legislature must include the people. This writing aims to change the process of replacing members of the legislature with the constituent recall process to involve the people dirctly in the withdrawal or replacement of members of the legislature, especially members of the DPR and DPRD in a democratic manner by prioritizing people's sovereignty so that the process becomes transparent and democratic. Originality/Value: Several research have raised the issue of recall, but what is novel in this research is the construction of recall constitutions which involves the people in order to realize people's sovereignty.

Principle of Original Authority In Territorial Decentralization Sultoni Fikri; Rizky Bangun Wibisono
Jurnal Mengkaji Indonesia Vol. 2 No. 1 (2023): July
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jmi.v2i1.387

Abstract: Indonesia is a unitary state, where within the framework of the unitary state, power is divided between the central government and regional governments. The regional government is divided into three levels, namely provincial, district, and city regional government. The division of powers to local governments is interpreted as the principle of autonomy. In the NA RUU-Pemda as well as the General Elucidation of the UU-Pemda, it is implied and stated that the autonomy that exists in an autonomous region is a gift. Meanwhile, from the point of view of its establishment, regional autonomy is original, not granted, and is a regional right based on its principle. In principle, the regional right to regulate and manage it is an original right and is not a gift from the central government. From this principle, provisions were born which stated that provincial, regency, and city regional governments regulate and manage their own government affairs according to the principles of autonomy and co-administration. Purpose: The purpose of this study is to explain that regional autonomy is not a gift from the central government but the original authority possessed by the regional government. Design/Methodology/Approach: This research is legal research. The approach method used in this study is to use a statutory approach, historical approach, and conceptual approach. Findings: In principle, the right of the region to regulate and manage it is an original right and is not a gift from the central government. From this principle, the provisions of Article 18 paragraph (2) were born which states that provincial, regency, and city regional governments regulate and manage their own government affairs according to the principles of autonomy and co-administration. Originality/Value: This research tries to explain that regional autonomy in Indonesia is a regional original right, not the result of a gift from the central government. because in several studies that raise regional autonomy, it is always explained that the autonomy obtained by the regional government is the result of a gift from the central government. The difference in point of view is what makes this research a novelty.

Patronase Politik: Respon Bisnis Terhadap Program Tanggung Jawab Sosial Perusahaan Intan Ravanza Rindiana
Jurnal Mengkaji Indonesia Vol. 2 No. 1 (2023): July
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jmi.v2i1.397

Abstract: Corporate Social Responsibility (CSR) is the concept of social responsibility of companies that invest in an area to be able to overcome problems that occur in a region. However, in the concept of CSR itself, there are many debates, especially regarding the relationships built between local government actors, companies, and communities in the management of CSR programs. Purpose: The objectives of this research activity are: (1) To determine state involvement in CSR programs, and (2) To determine the determination of CSR programs through political patronage. Design/Methodology/Approach: This study uses a literature review method with a qualitative research approach. The qualitative research approach is a process of research and understanding based on methods that investigate social phenomena and problems. Findings: Within the framework of the corporate social responsibility pyramid, the higher dimensions of responsibility are built on top of the lower ones, reflecting different levels of priorities and expectations in CSR practices. Originality/Value: The results prove that several forms of state involvement are common in CSR programs: (1) Arrangements and Policies that can influence companies to pay attention to social and environmental issues in their operations; (2) Incentives and Subsidies; (3) Public-Private Partnerships; (4) Law Enforcement and Supervision, the Government can supervise and monitor the implementation of CSR programs to ensure compliance and feasibility of practices carried out by the company; and (5) Community Empowerment. Here are some ways in which political patronage can influence the determination of CSR programs: (1) Resource Allocation: Political patronage can affect a company's allocation of resources to a particular CSR program. (2) Program Priorities: Political patronage can also influence the priorities of CSR programs chosen by the company. (3) Personal Gain; and (4) Creating a Positive Image: Political patronage can be used by companies to gain a positive image or public legitimacy.

Akibat Hukum atas Alokasi Anggaran Pendidikan yang Kurang dari 20% Anggaran Pendapatan dan Belanja Daerah Nina Anggreni
Jurnal Mengkaji Indonesia Vol. 2 No. 1 (2023): July
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jmi.v2i1.425

Abstract: The existence of a pandemic has greatly affected the financial capacity of the Regional Government, so that there are regions that have not been able to meet the education budget allocation of at least 20% of the Regional Revenue and Expenditure Budget because the priority for handling and recovering from the impact of the pandemic is dominant and urgent to implement. Purpose: This study aims to provide academic descriptions and recommendations to regional governments in allocating the education budget according to their authority in regional autonomy. Design/Methodology/Approach: Research methods uses normative juridical research methods based on juridical aspects such as: norms, laws and regulations, and legal theories related to the authority to allocate the education budget obtained from scientific works, books, online media, and so on related to the object the research studied. Findings: This study discusses the legitimacy of regional regulations and the legal responsibilities of regional governments that allocate an education budget of less than 20% of the Regional Revenue and Expenditure Budget. Problems arise because there are regions that have not been able to meet the education budget allocation of at least 20% of the Regional Revenue and Expenditure Budget so that the Regional Government and the Regional People's Representative Council are faced with a difficult position when setting/approving the Regional Revenue and Expenditure Budget, because it is considered to have caused delegitimization of the constitution as the highest law. Originality/Value: This research comprehensively explains the legality of regional regulations which in substance have not fulfilled the mandate of the constitution. Then, this study also explains the legal responsibilities that will be faced by regional governments due to the unfulfilled constitutional mandate.

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Sultoni Fikri

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INDONESIA

Abstract

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Sultoni Fikri

Contact Email sultonifikri@untag-sby.ac.id

Phone -

Journal Mail Official mengkaji.indonesia@gmail.com

Editorial Address https://jurnal.erapublikasi.id/index.php/JMI/about/editorialTeam

Location Kota tangerang, Banten INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Sultoni Fikri

Contact Email
sultonifikri@untag-sby.ac.id

Phone
-

Journal Mail Official
mengkaji.indonesia@gmail.com

Editorial Address
https://jurnal.erapublikasi.id/index.php/JMI/about/editorialTeam

Location
Kota tangerang,

Banten

INDONESIA