<div class="page" title="Page 1"><div class="section"><div class="layoutArea"><div class="column"><p><span>Desa di Indonesia merupakan kesatuan masyarakat yang dilindungi oleh konstitusi. Undang-Undang Dasar 1945 Pasal 18B ayat (2) secara tidak langsung memuat kedudukan desa. Perlindungan dari konstitusi bukan merupakan jaminan desa terlepas dari permasalahan. Salah satu permasalahan yang ada di desa yaitu terkait dengan tanah desa. Tanah desa dilihat dari segi regulasi mempunyai problem. Problem terkait dengan tanah desa yaitu tentang definisi, jenis, dan kedudukan. Tidak ada kejelasan terkait dengan definisi, jenis, dan kedudukan tanah desa. Bahkan problem yang lebih krusial terjadi kerancuan pengertian antara tanah desa dengan tanah kas desa. Peraturan perundang-undangan tidak konsisten dalam menerapkan materi muatan tentang tanah desa. Oleh karena itu diperlukan penelitian untuk memecahkan problem tersebut. Penelitian ini menggunakan yuridis normatif dengan pendekatan undang-undang. Permasalahan terkait dengan regulasi tanah desa dapat diselesaikan dengan reformasi hukum tanah desa yang salah satunya meliputi redefinisi. </span><span>Penguatan kedudukan tanah desa juga perlu dilakukan dalam rangka menjamin dan melindungi keberlanjutan tanah desa </span><span>sebagai warisan leluhur. Diperlukan peran dari berbagai pihak seperti pemerintah, Dewan Perwakilan Rakyat, Pemerintah Desa, Masyarakat dan pihak-pihak lain agar reformasi hukum tanah desa dapat terealisasi.</span></p></div></div></div></div>
THE Book Constitutional Law and Pillars of Democracy written by Jimly Asshiddiqie in Chapter I provided some ideas of Jimly concerning to the Constitutional Law and Local Autonomy. First important thing that discussed by Jimly namely the establishment of law and it making process. Jimly limits the chapter with the limitation of legal definition into four groups:(1) The State's Law; (2) The People's Law; (3) The Professor's Law; and (4) The Professional's Law.The State's Law group composed of three institutions such as government, parliament and the courts. Group of the People's Law there are various institutions including indigenous institutions, legal institutions and in practice, as well as legal research institutions and universities. Then related to the process of law in accordance with the Constitution of 1945, there are five processes including (1) establishment of the laws; (2) establishment of legal jurisprudence; (3) the formation of customary law; (4) establishment of 'volunteer' law ; and (5) establishment of legal studies doctrine.Secondly, Jimly discussed oh his book, about parliamentary structure as well as bicameral system. Jimly declared that at the previous time, Indonesia adopted monokameral on parliamentary system. Majelis Permusyawaratan Rakyat or MPR at the time become the highest organ or institution that has unlimited powers, so that the Assembly can form the Constitution and the State Policy as well as oversees the Parliament and the President. Indonesia officially adopted parliamentary structures bicameral or twochamber system after Indonesia became a union under the Constitution of RIS on 1949. Amendment of Constitution 1945 has brought a fundamental change that is by the alternation of power distribution be separation of power. Amendment of Constitution 1945 has also given the widest local autonomy to the Regional. Amendment of Constitution 1945 initiated the election of president and vice president directly as well as the establishment of the Dewan Perwakilan Daerah or DPD.After their amendment of Constitution 1945 parliamentary system in Indonesia according to Jimly Asshiddiqie consists of two rooms or bicameral that is DPR and DPD. The MPR into the parliament house that is the same position with the DPR and DPD. So later if there is a third amendment to the Constitution 1945 Jimly Asshiddiqie suggested that the legislative powers of the Assembly carried be composed of DPR and DPD. Asshiddiqie also suggested that DPD members are elected directly by the pure district system is winner takes all. The legislature is elected using proportional system are also useful for strengthening the institutional political parties. For areas not using bicameral except certain areas that are set to be the special autonomous regions.
The 2024 election related with a post-truth era. This makes the potential for problems and challenges that must be faced and resolved. This study formulates problems (1) what are problems and challenges of supervising General Election in the post-truth era? and (2) what is the general election monitoring strategy in the post-truth era? The purpose of this research is to find the problems and challenges of general election supervision in the post-truth era; and (2) formulating a strategy for monitoring the General Elections in the post-truth era. The research method used in this study is a qualitative approach and the type of juridical normative research. The results of the study show that there are problems that will or have occurred in the post-truth election, such as (1) low digital literacy; (2) limited human resources related to election supervision in the digital realm; and (3) the lack of regulation on election law enforcement in the post-truth era. Potential challenges exist for example (1) large internet users in Indonesia; (2) the potential for intervention by other countries through digital; and (3) the effect of the division of society as a result of the election. The strategy that must be carried out is by using two approaches, namely prevention and action.
A democratic state allows for the birth of a dynastic politics. Indonesia as a democracy must accept these consequences. As long as dynastic politics are in accordance with the constitution and do not violate democratic principles, the state accommodates the birth and development of dynastic politics. In Indonesia, since the opening of the doors of reform and regional autonomy, it has led to a democratization of political power at the center as well as in the regions. Dynastic politics also grows and develops. The growth and development of dynastic politics occurs at the level of political power in the regions. In the Tegal Raya region, dynastic politics led by the Dewi Sri clan had experienced developments and was able to place several members of the Dewi Sri clan in several political powers. But interestingly, the political development of the dynasties in the Tegal Raya region must be reduced. This article analyzes the factors that influence the development and reduction of dynastic politics in the Tegal Raya Region.
Copyright is still on its way to legalizing a lot of homework to be done. One of these jobs is to protect the economic rights of cited sources for commercial use. So far, the copyright law has not specifically regulated this matter. The law does not even protect the economic rights of citation sources quoted for commercial purposes. This study formulates the problem (1) how is the current legal protection regarding copyright for written works? and (2) how the legal protection should be regarding copyrights for excerpts of written works. The aims of this research are (1) to find out the current legal protection regarding copyright for citations of written works; and (2) formulating the legal protection that should be on copyright for excerpts of written works. The method used in this research is using normative juridical research. The conclusion in this study is to answer the formulation of the problem.
scite is a Brooklyn-based organization that helps researchers better discover and understand research articles through Smart Citations–citations that display the context of the citation and describe whether the article provides supporting or contrasting evidence. scite is used by students and researchers from around the world and is funded in part by the National Science Foundation and the National Institute on Drug Abuse of the National Institutes of Health.
hi@scite.ai
10624 S. Eastern Ave., Ste. A-614
Henderson, NV 89052, USA
Copyright © 2024 scite LLC. All rights reserved.
Made with 💙 for researchers
Part of the Research Solutions Family.