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Birokrasi: Jurnal Ilmu Hukum dan Tata Negara
Published by Sekolah Tinggi Ilmu Administrasi Yappi Makassar
ISSN : 29878624     EISSN : 29878632     DOI : 10.55606
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
Sub Rumpun ILMU POLITIK 1 Ilmu Politik 2 Kriminologi 3 Hubungan Internasional 4 Ilmu Administrasi (Niaga, Negara, Publik, Pembangunan, Dll) 5 Kriminologi 6 Ilmu Hukum 7 Ilmu Pemerintahan 8 Ilmu Sosial dan Politik 9 Studi Pembangunan (Perencanaan Pembangunan, Wilayah, Kota) 10 Ketahanan Nasional 11 Ilmu Kepolisian 12 Kebijakan Publik 13 Bidang Ilmu Politik Lain Yang Belum Tercantum Sub Rumpun ILMU SOSIAL 1 Ilmu Kesejahteraan Sosial 2 Sosiologi 3 Humaniora 3 4 Kajian Wilayah (Eropa, Asia, Jepang, Timur Tengah Dll) 5 Arkeologi 6 Ilmu Sosiatri 7 Kependudukan (Demografi, dan Ilmu Kependudukan Lain) 8 Sejarah (Ilmu Sejarah) 9 Kajian Budaya 10 Komunikasi Penyiaran Islam 11 Ilmu Komunikasi 12 Antropologi 13 Bidang Sosial Lain Yang Belum Tercantum
Arjuna Subject : Ilmu Sosial - Ilmu Politik dan Hubungan Internasional
Articles 53 Documents
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Efektivitas Pendamping Desa Dalam Meningkatkan Pemberdayaan Masyarakat Melalui Bumdes Di Desa Pengudang Kecamatan Teluk Sebong Kabupaten Bintan Natalia Anasthasia Silalahi; Jamhur Poti; Fitri Kurnianingsih
Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA Vol. 1 No. 2 (2023): Juni : JURNAL ILMU HUKUM DAN TATA NEGARA
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/birokrasi.v1i2.459

Abstract

The purpose of this study is to determine the effectiveness and constraints of Village Assistant in increasing empowerment through village-owned enterprises in the Village of pengudang. This research uses a qualitative descriptive type approach using 3 indicators of effectiveness, according to Duncan in Dewi Nurmalasari et al (2021), which are Goal Achievement, Integration and Adaptation. The results of research of achieving goals carried out by village assistants have been running according to their goals targeting people who are still lacking in understanding Bumdes, Integration, it is necessary to increase the training socialization process for each member/administrator, Adaptation, village assistants have approached and adjusted to the community especially the Bumdes management and bringing about changes in the field of administrative reporting. Then the obstacle or inhibiting factor is the lack of community participation and commitment, and changes in regulations which are obstacles in the mentoring process. The conclusion in this study is that the presence of village assistants in assisting the government in Pengudang village to increase empowerment through BUMDES can be said to have been effective according to the directions and mandate given by the central government. In the future, socialization is needed.
Problematika Pembuktian Hak Milik Atas Tanah Di Desa Linamnutu, Kecamatan Amanuban Selatan, Kabupaten Timor Tengah Selatan Mericiana Yulita Fin Tae; Benediktus Peter Lay; Ernesta Uba Wohon
Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA Vol. 1 No. 3 (2023): September : JURNAL ILMU HUKUM DAN TATA NEGARA
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/birokrasi.v1i3.479

Abstract

. Land rights are rights that are obtained from a legal relationship between the right holder and the land, including space above the ground and or space under the ground. The understanding of land rights is one of the individual rights to land, namely rights that give authority to the holders of the rights, whether individually or also as a group of people collectively or as a legal entity, to use in the sense of controlling, using and or taking advantage of certain land parcels. Ownership of land must have legal certainty, both customary law and land law or positive law concerning the certainty of land rights as property rights so as not to cause conflict. The method used by the author in collecting data is through surveys, interviews and studies of primary literature (books that talk about soil) and secondary literature (supporting books). Survey is a quantitative research using the same structured questions for everyone, then all the answers obtained by the researcher are recorded, processed, and analyzed.
Analisis Hukum Terhadap Rencana Pembuangan Limbah Nuklir ke Laut Pasca Terjadinya Gempa Bumi dan Tsunami di Jepang Aprilia Mawaddah; Maria Maya Lestari; Ledy Diana
Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA Vol. 1 No. 2 (2023): Juni : JURNAL ILMU HUKUM DAN TATA NEGARA
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/birokrasi.v1i2.491

Abstract

Explanation of the Convention On Nuclear Safety 1994 Article 16 Number 1, 2 and 3 that States that have or will build Nuclear Power Plants (NPPs) in their territory must take appropriate measures related to facilities, security, emergency plans carried out in the event of an emergency in the vicinity of the NPP. Construction of Fukushima NPP The existing nuclear reactor at the nuclear plant was built with insufficient power to withstand the Earthquake and Tsunami that occurred in Japan on March 11, 2011 causing explosions and leaks in 4 nuclear reactors. Japan announced that tanks used to hold waste from leaking nuclear reactors could no longer hold it, so the waste had to be dumped into the sea. The main problem in this study is about the regulation of International Law violated by Japan based on its decision to dump nuclear waste into the Sea, and how the impact will be on the environment. The type of research used in this study is normative legal research or can also be called doctrinal legal research. Normative legal research is literature law research. The action that will be taken by Japan who want to dispose of nuclear waste that they have stored for years due to the Earthquake and Tsunami event has received a lot of resistance from various elements. Especially from the Japanese people themselves to protests from neighboring countries who are afraid that they will also be affected by the waste if it is thrown into the sea. It is hoped that Japan can take appropriate action before doing so because it will not only harm its country but also harm other countries that are disappointed with the actions that Japan will take.
Sengketa Blok Ambalat Antara Indonesia-Malaysia Arie Samuel Ngahu; Jeremias petrik ghode; Damianu Bria; Yohanes Arman
Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA Vol. 1 No. 3 (2023): September : JURNAL ILMU HUKUM DAN TATA NEGARA
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/birokrasi.v1i3.494

Abstract

Indonesia and Malaysia are two countries that have historically disputed with each other. One of the disputes between Indonesia and Malaysia is the Ambalat Block boundary dispute. The Ambalat Block is a sea area of ​​15,235 square kilometers which is in the Sulawesi Sea or the Makassar Strait. The Ambalat Block is estimated to contain oil and gas that can be utilized for decades to come. Ambalat, is near the border line of Indonesia and Malaysia. In this area as a fishing area in Sebatik waters. This water area is recorded to be rich with potential for reef and demersal fish. Ambalat is not only rich in fish potential. This area, which is located in North Kalimantan, has long been a dispute between Indonesia and Malaysia. One of them, because it has the potential of oil and natural gas. Geological Survey Center - Geological Agency of the Ministry of Energy and Mineral Resources (ESDM) has identified this potential. Based on G&G study data around the East Ambalat area, this potential is in the Tarakan basin and its surroundings. The naming of the marine block contained in the Ambalat block is based on the interests of exploring marine and underwater wealth, especially in the oil mining sector. Tensions between Indonesia and Malaysia are increasing due to the ownership claims of each country over the Ambalat block area, the Ambalat block area which is now a dispute between the States of Indonesia-Malaysia is not a land area but is located at a sea depth of 2500 meters on the continental shelf geographically, block Ambalat is a natural continuation of the Indonesian Kalimantan mainland which is in the Tarakan Basin spreading area which has the potential as oil and gas.
Strategi Pemerintah Daerah Dalam Meningkatkan Daya Tarik Wisata Sejarah Dan Budaya Di Kabupaten Lingga Tahun 2022 Ibnu Rizkan; Kustiawan Kustiawan; Ardi Putra
Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA Vol. 1 No. 2 (2023): Juni : JURNAL ILMU HUKUM DAN TATA NEGARA
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/birokrasi.v1i2.499

Abstract

Historical and cultural tourism directly provides fulfillment in the form that tourism is a place of recreation, learning and knowledge and becomes a symbol of the area. Of course, in every area that has its own tourist selling power, including historical and cultural tourism in Lingga Regency, it will attract tourists, both local and foreign tourists, to come. still limited facilities and infrastructure supporting tourists both public facilities and tourist facilities are still limited in terms of quantity and quality such as lodging, transportation and tourism information services, government coordination both with the government and the private sector. seen from the strengths, weaknesses, opportunities and threats faced by the Lingga District Tourism Office. This study used a qualitative descriptive method with 5 (five) research informants consisting of the Head of Tourism Promotion and Marketing, Lingga District Head, Tourism Awareness Group (Pokdarwis), and the public or visitors. In this study the techniques used are in the form of observation, interviews, and documentation. In this study using the theory of SWOT analysis. The results of the study show that: a) the strength of the Local Government of Lingga Regency is supported by historical and cultural tourism objects which are managed directly by the Lingga Regency Tourism Office. b) Weaknesses of the Lingga Regency Tourism Office can be seen from the not yet optimal supporting facilities and infrastructure, namely limited transportation, access to remote areas, and supporting facilities at tourist sites. c) Opportunities for the Tourism Office to collaborate with tour travel, and focus on development in several historical and cultural tourism sectors, namely the Mepar Tourism Village, the Damnah Palace Site, the tombs and the Sultan's Mosque. d) The threat from the Lingga Regency Tourism Office is the lack of interest of the local community to visit historical and cultural tourism destinations in Lingga Regency.
Tinjauan Hukum Ketidakpatuhan Rusia Terhadap Provisional Measures International Court Of Justice (ICJ) Laras Firman Harun; Fence M. Wantu; Mellisa Towadi
Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA Vol. 1 No. 3 (2023): September : JURNAL ILMU HUKUM DAN TATA NEGARA
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/birokrasi.v1i3.526

Abstract

This research discusses the Provisional Measure International Court of Justice (ICJ) for Russia's non-compliance in carrying out the decision. The purpose of this study is to determine the legal effectivity and legal consequences of Russia's non-compliance with the Provisonal Measure. The research method used is the normative research method. The outbreak of conflict between Russia and Ukraine This began with the joining of Ukraine and NATO for large-scale air drills in October 2018 which caused Russia's suspicions about its country's security. on February 21, 2022 was triggered by an acknowledgment from the President of Russia, Vladimir Putin on the declaration of independence of Donetsk and Luhanks against Ukraine and in this research discusses the Provisional Measure International Court of Justice (ICJ) for Russia's non-compliance in carrying out the decision. The purpose of this study is to determine the legal effectivity and legal consequences of Russia's non-compliance with the Provisonal Measure. The research method used is the normative research method. The outbreak of conflict between Russia and Ukraine This began with the joining of Ukraine and NATO for large-scale air drills in October 2018 which caused Russia's suspicions about its country's security. on February 21, 2022 was triggered by the recognition of the President of Russia, Vladimir Putin on the declaration of independence of Donetsk and Luhanks against Ukraine and on February 24, 2022 Russia announced a special military operation in Ukraine with the aim of demilitarization and denazification and has no orientation to occupy Ukraine .Therefore, Ukraine took steps to oppose Russia in the International Court of Justice (ICJ) with the result of the Provisional Measures. Russia must suspend military operations and refrain from any action that worsens the situation. Russia however rejects the Court's Jurisdiction claiming it does not apply the Genocide Covenant and argues Ar. 51 The United Nations charter of self-defense argued that the Ukrainian application was invalid and the case should be dismissed because Ar.51 is not ICJ Jurisdiction. Even though Article 41 of the International Statute states that "Provisional Measures" have binding power.
Kedudukan Kebebasan Akademisi dalam Memberikan Keterangan Ahli pada Perkara Pidana Fathur Rahman Mustabir; Lisnawaty W. Badu; Suwitno Y. Imran
Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA Vol. 1 No. 3 (2023): September : JURNAL ILMU HUKUM DAN TATA NEGARA
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/birokrasi.v1i3.539

Abstract

The research focuses on studying the Position of Academic Freedom by academics in providing expert testimony on criminal cases in Indonesia and clarifying the status of lecturers who act as experts. The research method used is normative research method. The emergence of cases of expert witnesses being sued by legal interested parties can undermine the principle of absolute competence of a judicial body. Where in 2018 Dr. Ir Basuki Wasis, M.Sc was sued in a civil lawsuit for expert testimony given in the Corruption Case of the Former Governor of Southeast Sulawesi Province. In the Petitum case number 47/Pdt.G/LH/2018/PN Cbi of the Cibinong District Court that the information given was an unlawful act. even though academics as experts have the second position of evidence regulated in Article 184 of the Criminal Procedure Code. Then a Lecturer who acts as an Expert Witness has Academic Freedom as regulated in article 8 paragraph (1) of Law No. 12 of 2012 concerning Higher Education. The conclusion of the research results obtained is that academics as expert witnesses in Indonesia do not have a clear legal standing because the Criminal Procedure Code and Law No. 12 of 2012 concerning Higher Education do not fully regulate the criteria and requirements for being an expert. Then the phrase "expert witness" is still being debated among academics because it is not specifically stipulated in the law. In contrast to the Netherlands, which determines and regulates expert witnesses specifically, both the criteria and the register of an expert in order to reinforce the position of an expert in the formal law of the Netherlands. However, legal protection for experts has been regulated in several laws and other regulations.
Pertanggungjawaban Hukum Kepolisian Yang Melakukan Kealfaan Dalam Tindakan Diskresi Terhadap Tindak Pidana Lalu Lintas Apri Amalia; Johannes Mangapul Turnip
Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA Vol. 1 No. 2 (2023): Juni : JURNAL ILMU HUKUM DAN TATA NEGARA
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/birokrasi.v1i2.560

Abstract

Discretionary actions are the authority of investigators who are decided by the Police in dealing with legal issues ini the field directly and without asking for instructions or decisions from their superiors. The discretion exercised by investigators basically must comply with statutory regulations and the code of ethics for the police profession. However, in reality there is still discrimination in the exercise of police discretion. The aim of the research is to find out the mechanism of impelemntation and legal accountability for the police who do negligence ini traffic discretion. The research method uses normative research conducted using a statutory approach and concepts related to the police. The data used are secondary data ini the form af laws and regulations, books, scientific papers, experts, articles and then these data are processed qualitively. The results of the study show that the mechanism for applying police discretion to traffic crimes at the investigative level is that the police go to the scene of a traffic accident and then make a sketch af the crime scene, help the victim, record witness, secure avidence, the police make a case analysis and exercise discretion in case of an accident, light. The discretionary authority of the police causes investigators to have the authority to make decisions or choose various actions in resolving the law violations they handle. The discretionary authority og the police which is individual in nature is the resolution of traffic accident cases by way of deliberation between the parties involved in the accident. Criminal liabity for negligence by members of the Indonesian National Police is based on article 359 of the Criminal Code, it is proven that the actions of the defendant because of thin negligence caused another person to die is punishable by imprisonment for a maximum of five years of imprisonment for a maximum of one year.
Tinjauan Hukum Islam Terhadap Tradisi Pingitan Dalam Perkawinan Adat Jawa Dewi Masyitoh; Abdullah Afif
Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA Vol. 1 No. 3 (2023): September : JURNAL ILMU HUKUM DAN TATA NEGARA
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/birokrasi.v1i3.562

Abstract

This study aims to examine the implementation of the "pingitan" tradition in Javanese traditional marriages and to analyze the perspective of Islamic law on this tradition. The research method used is a qualitative approach and is included in the category of field research. This approach involves data collection techniques through observation, interviews, documentation, and literature review. The results of the research show that "seclusion" is a practice in which the bride and groom are required not to leave their homes or travel far for a certain period of time after the wedding, in order to avoid risks. This tradition has been controversial in society, with some considering it irrelevant in the modern era. However, from an Islamic legal perspective, this practice is permissible because it is in line with the principles of Islamic shari'ah.
Tinjauan Hukum Islam Terhadap Tradisi Ngemblok Dalam Prosesi Lamaran : (Studi Kasus Desa Katerban, Tuban) Nisyatun Nasayatin Nafi’ah; Abdullah Afif
Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA Vol. 1 No. 3 (2023): September : JURNAL ILMU HUKUM DAN TATA NEGARA
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/birokrasi.v1i3.563

Abstract

Sub-District of Senori, Tuban Regency. Generally, the proposal (marriage proposal) that takes place in the village involves men proposing to women, different from that of the village where a woman takes the role as the proposer. This marriage proposal activity conducted by women is called "ngemblok". The tradition of ngemblok is one of the cultural heritages passed down from ancestors. The research method used by the researcher is qualitative research with field research as its type. The results of this research show that: 1) the implementation of the ngemblok tradition in the marriage proposal process in Katerban Village, Senori Sub-District, Tuban Regency, consists of several stages starting from bringing offerings such as tape (fermented cassava), bugisan (a type of traditional cake), rengginang (rice crackers), jenang (a type of sweet food), and mandatory alu-alu (traditional grinding stone) as symbolic food. 2) The Islamic legal perspective on the ngemblok tradition states that there is no prohibition for women as proposers. Through the approach of the 'urf theory

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