Nommensen Journal of Constitutional and Administrative Law https://ejournal.uhn.ac.id/index.php/administrative_law en-US Sat, 28 May 2022 00:00:00 +0000 OJS 3.2.0.2 http://blogs.law.harvard.edu/tech/rss 60 Analisis Hukum Pembentukan UU Nomor 11 Tahun 2020 tentang Cipta Kerja dalam Perspektif Pembentukan Peraturan Perundang-undangan https://ejournal.uhn.ac.id/index.php/administrative_law/article/view/553 <p><em>The Constitutional Court has conducted a formal review of Law No. 11 of 2020 concerning Job&nbsp; </em><em>Creation and the Petitioners' Petition with some in a formal case against Law No. 11 of 2020 </em><em>concerning Job Creation. In connection with these conditions, it will have an impact on the </em><em>world of work and investment and related to the contents of Law no. 11 of 2020.The purpose </em><em>of this study is to find out how the formation of Law No. 11 of 2020 in the perspective of </em><em>legislation. This research is based on Law No. 12 of 2011 concerning Legislation as a guide </em><em>and basis for deciding actions that have been decided by the Constituent Court.The approach </em><em>method used in this research is the normative juridical approach, with research specifications </em><em>that are descriptive analysis, using secondary data, the data will be presented in the form of </em><em>descriptions that are arranged systematically and the data obtained are then analyzed </em><em>normatively.The results of the study show that the formation of Law No. 11 of 2020 is in </em><em>accordance with the Regulations for the Establishment of Laws, it can be seen that the basis </em><em>in the formation of Law No. 11 of 2020 is in accordance with Article 5 of Law No. 12 of 2011 </em><em>which is here the matter These are as the basis or principles in the formation of Legislation. </em><em>However, the problem here is the method of establishing Law no. 11 of 2020 which uses the </em><em>omnibus law method, where in Indonesia there is no official regulation in Indonesia. So the </em><em>Regulations for the Formation of Laws that use the omnibus law method question the </em><em>systematic formation of them. This study has examined the omnibus law if it is applied in </em><em>Indonesia, it can be seen from the relevance of the omnibus law with the prevailing laws and</em><br><em>regulations in Indonesia.</em></p> Daniel Ehowu Zebua, Haposan Siallagan, Janpatar Simamora Copyright (c) 2022 NOMMENSEN JOURNAL OF CONSTITUTIONAL AND ADMINISTRATIVE LAW https://ejournal.uhn.ac.id/index.php/administrative_law/article/view/553 Sat, 28 May 2022 00:00:00 +0000 Analisis Yuridis Terhadap Terjadinya Wabah Virus Covid-19 yang Mengakibatkan Karantina Wilayah di Daerah https://ejournal.uhn.ac.id/index.php/administrative_law/article/view/554 <p><em>The constitutional design of the relationship between the Central Government and Regional </em><em>Governments in Indonesia is built on the principle of a unitary state. The determination of the&nbsp; </em><em>status of the Covid-19 Pandemic by the World Health Organization (World Health</em><br><em>Organization) based on the number of virus spreads has increased significantly and </em><em>continuously globally, this is responded by the Government of Indonesia by establishing the </em><em>status of the Covid-19 outbreak as a National Disaster as stated in Presidential Decree No. 12 </em><em>of 2020 concerning the Determination of NonNatural Disasters for the Spread of Corona Virus </em><em>Disease 2019 (COVID-19) as National Disasters. Furthermore, the President formed a Task </em><em>Force for the Acceleration of Handling Covid-19 in order to coordinate the capacity of the </em><em>central and regional governments. As for the problem in this research, how is the outbreak of </em><em>the COVID-19 virus causing regional quarantines in the regions and establishing relationships </em><em>with the central government in accordance with Law Number 6 of 2018 concerning Health </em><em>Quarantine?. The legal research method used in this research is normative juridical law </em><em>research, namely research carried out by tracing or analyzing and analyzing library materials </em><em>or ready-to-use document materials as a study. Based on the results of research conducted, </em><em>the initial concept of regional autonomy was intended for local governments to be able to </em><em>develop their regions without relying solely on the central government. Regional Autonomy is </em><em>given with the aim of local governments being able to develop their regions according to the </em><em>characteristics of the area. However, to realize the flexibility to regulate and manage affairs</em><br><em>outside the stipulated affairs, it can only be carried out by the region if it has been approved </em><em>by the central government. </em></p> David Halomoan Simbolon, Hisar Siregar , Kasman Siburian Copyright (c) 2022 NOMMENSEN JOURNAL OF CONSTITUTIONAL AND ADMINISTRATIVE LAW https://ejournal.uhn.ac.id/index.php/administrative_law/article/view/554 Sat, 28 May 2022 00:00:00 +0000 Tanggung Jawab Negara Terhadap Jaminan Kesehatan dalam Perspektif Hak Asasi Manusia https://ejournal.uhn.ac.id/index.php/administrative_law/article/view/555 <p><em>The role of the state in meeting the basic needs of people is very important, especially in the&nbsp; </em><em>form of comprehensive health services, where health is recognized as a human right, a set of </em><em>rights that are inherent in the nature and existence of people as God's, Almighty, Indwelling </em><em>and a Gift That Must Be The purpose of this research, which is respected, preserved and </em><em>protected by the state, is to find out the form of state responsibility towards health insurance </em><em>with regard to human rights. The type of research used in this study is normative legal </em><em>research methods. The result of this study is that in fulfilling the basic rights of citizens to </em><em>health, the government is obliged to ensure adequate access for all citizens to adequate and </em><em>optimal health services. In an effort to respect, protect and meet government obligations </em><em>through the implementation of human rights standards on the right to health. Keywords : the </em><em>role of the state; health insurance; human right.</em></p> Netanael Tampubolon , Hisar Siregar , Kasman Siburian Copyright (c) 2022 NOMMENSEN JOURNAL OF CONSTITUTIONAL AND ADMINISTRATIVE LAW https://ejournal.uhn.ac.id/index.php/administrative_law/article/view/555 Sat, 28 May 2022 00:00:00 +0000 Hak Inisiatif Dewan Perwakilan Rakyat Daerah dalam Pembentukan Peraturan Daerah https://ejournal.uhn.ac.id/index.php/administrative_law/article/view/556 <p><em>The DPRD's initiative right is the right to propose a draft law or regional regulation, this&nbsp; </em><em>initiative right is a right owned by DPRD members to carry out their functions in the field of </em><em>legislation, in the context of administering regional government in accordance with the </em><em>mandate of Law Number 9 of 2015 concerning Regional Government. , which regulates and </em><em>manages government affairs on its own according to the principle of Autonomy and </em><em>coadministration, is directed at accelerating the realization of community welfare through </em><em>improvement, service, empowerment, and community participation, as well as regional </em><em>competitiveness by taking into account the principles of democracy, equity, justice, privileges </em><em>and specificities of a country. regions in the system of the Unitary State of the Republic of </em><em>Indonesia. The mechanism for using the DPRD's initiative right in the formation of a regional </em><em>regulation is carried out by means of submissions, internal discussions and Bapemperda </em><em>meetings by DPRD members. By Deliberation and with procedures in accordance with </em><em>applicable laws and regulations for the formation of PERDA. The procedure in the process of </em><em>forming Regional Regulations is that prior to the preparation of Regional Regulations </em><em>(PERDA), the planning process for the preparation of regional regulations is carried out in a</em><br><em>Regional Legislation Program (Prolegda). In Article 1 point 10 of Law Number 12 of 2011, it is </em><em>stated that the definition of prolegda is an instrument for planning programs for the </em><em>formation of laws that are prepared in a planned, integrated and systematic manner.</em></p> Yanuarius Halawa , Hisar Siregar , Kasman Siburian Copyright (c) 2022 NOMMENSEN JOURNAL OF CONSTITUTIONAL AND ADMINISTRATIVE LAW https://ejournal.uhn.ac.id/index.php/administrative_law/article/view/556 Sat, 28 May 2022 00:00:00 +0000 Analisis Yuridis Peran Komisi Pemilihan Umum dalam Penyelesaian Tahapan Akhir Pemungutan Suara Pemilihan Kepala Daerah https://ejournal.uhn.ac.id/index.php/administrative_law/article/view/558 <p><em>The General Election Commission (KPU) is a national, permanent, and independent to do the&nbsp; </em><em>general election. In the implementation of direct regional head elections, it is one of the </em><em>embodiments of democratic instruments in the context of creating a more democratic</em><br><em>government and as a step to realize people's sovereignty. However, in the way, various </em><em>problems arise that accompany it, in the end it must be see as a challenge as well as part of </em><em>the maturation process in order to realize a more mature regional government. In this research </em><em>activity, the type of research used is normative juridical research (legal research) which </em><em>prioritizes library research. The various disputes that occurred during the final voting stage for </em><em>the pairs of candidates selected in the regional head elections as described above, show that </em><em>there are still many democratic agendas that we must resolve, both in terms of regulations, </em><em>institutions, and law enforcement. Thus, the dispute that occurred should be one of the </em><em>maturing processes in the general election for the change of period that was held.</em></p> Maria Happy Claudia Sihotang, Janpatar Simamora , Haposan Siallagan Copyright (c) 2022 NOMMENSEN JOURNAL OF CONSTITUTIONAL AND ADMINISTRATIVE LAW https://ejournal.uhn.ac.id/index.php/administrative_law/article/view/558 Sat, 28 May 2022 00:00:00 +0000 Peranan Pemerintah Daerah Kota Sibolga dalam Pembangunan Pariwisata Berbasis Pelestarian Lingkungan https://ejournal.uhn.ac.id/index.php/administrative_law/article/view/559 <p><em>The role of the government is all actions and policies carried out by local governments in </em><em>carrying out their duties, authorities and obligations, in this case all actions and policies&nbsp; </em><em>carried out by local governments in carrying out their duties, authorities and obligations in </em><em>maintaining public order and peace in their regions in accordance with their duties. and its </em><em>function as protectors and public servants.This type of research is a type of qualitative </em><em>research, namely the type of research used to examine the condition of natural objects, as </em><em>opposed to an experiment, where the researcher is the key instrument, the data collection </em><em>technique is done by triangulation (combined), the data analysis is inductive and the results of </em><em>qualitative research are more emphasize meaning rather than generalization.This study aims </em><em>to obtain an overview of the role of the Government (Department of Youth, Sports and </em><em>Tourism), in managing tourism objects, as well as the factors that influence the management</em><em>of the tourism sector in Sibolga City. The results of this study indicate that the role of the </em><em>Government (Department of Youth, Sports and Tourism) in the management of the tourism </em><em>sector is to complete tourism supporting facilities and infrastructure. Factors that influence the </em><em>development of tourism objects are supporting factors, namely community participation and </em><em>the large amount of tourism potential, while the inhibiting factors are limited funds, and lack </em><em>of access to tourist objects.</em></p> Hot Pierre Andreas Situmeang , Hisar Siregar, Kasman Siburian Copyright (c) 2022 NOMMENSEN JOURNAL OF CONSTITUTIONAL AND ADMINISTRATIVE LAW https://ejournal.uhn.ac.id/index.php/administrative_law/article/view/559 Sat, 28 May 2022 00:00:00 +0000 Analisis Yuridis Terhadap Pemberhentian Kepala Daerah Menurut Konstitusi Indonesia https://ejournal.uhn.ac.id/index.php/administrative_law/article/view/560 <p><em>Based on Article 7 A of the 1945 Constitution Amendment, the President and Vice President&nbsp; </em><em>can be dismissed in their term of office by the MPR on the proposal of the Dpr, either if proven </em><em>to have committed violations of the law in the form of treason against the state, corruption, </em><em>bribery, and other criminal acts, or reprehensible acts or if proven no longer qualified as </em><em>President and Vice President. This provision also carries implications for the Regional Head as </em><em>the organizer of the local government that can be dismissed in his term of office. In principle, </em><em>the dismissal of the Regional Head and/or Deputy Regional Head can be done at the term of </em><em>his office and at the end of the term of office.The formulation of the problem in this study is </em><em>How is the process of the mechanism of dismissing regional heads based on the constitution </em><em>in Indonesia? What factors make the Regional Head dismissed from his position? The purpose </em><em>of the research is to find out how the process of dismissing regional heads based on the </em><em>constitution in Indonesia and to find out what factors make the Regional Head dismissed from </em><em>his position. Methods in thesis writing use Normative Juridical research methods or literature </em><em>law research by researching library materials or mere secondary data. Legal research that </em><em>uses literature materials is often conceptualized as what is written in the law in books or law </em><em>is conceptualized as a rule or norm that is a benchmark for behaving as appropriate. So the </em><em>conclusion of the results of this study is that the dismissal of the Regional Head and or </em><em>Deputy Head of Regions starts from Law No. 5 of 1974, Law No. 22 of 1999, Law No. 32 of </em><em>2004, and finally Law No. 23 of 2014 on Local Government, as well as Government Regulation </em><em>No. 12 of 2017 on The Construction and Supervision of Local Government Implementation </em><em>almost has the gality, namely the scheduling of the dismissal of the Regional Head and or </em><em>Deputy Regional Head is carried out by the dprd leadership to the President. This proposal is </em><em>derived from a series of surveillance processes. In the event that the dprd leadership cannot </em><em>perform the task, then the proposal can be done by the Minister of Home Affairs. The political&nbsp; </em><em>nuances at each time of the issuance of the above law make an influence on the flexibility of </em><em>the legal mind to create an autonomous region that is independent. The dismissal of the </em><em>Regional Head must go through the Constitution, because the constitution is the result of an </em><em>agreement (consensus) with citizens.</em></p> Abdullah Almeer Syahqeel Bawamenewi , Budiman N.P.D. Sinaga , Kasman Siburian Copyright (c) 2022 NOMMENSEN JOURNAL OF CONSTITUTIONAL AND ADMINISTRATIVE LAW https://ejournal.uhn.ac.id/index.php/administrative_law/article/view/560 Sat, 28 May 2022 00:00:00 +0000 Peranan Kepala Desa dalam Penerapan Pemerintahan yang Baik (Good Governance) di Desa Hutagaol Sihujur Kecamatan Silaen Kabupaten Toba https://ejournal.uhn.ac.id/index.php/administrative_law/article/view/561 <p><em>This thesis discusses the ''Role of the Village Head in realizing Good Governance in Hutagaol </em><em>Sihujur Village, Silaen District, Toba Regency'' while the problems in this thesis are: 1. What is </em><em>the role of the village head in implementing good governance? good governance) in Hutagaol </em><em>Sihujur Village, Silaen District, Toba Regency? 2. What are the supporting and inhibiting </em><em>performance factors for the creation of good governance in the village head government, </em><em>Hutagaol Sihujur village, Silaen sub-district, Toba dis. The research method used in this</em><br><em>research is the method of interviews, documentation, data management techniques and data </em><em>analysis carried out to the Head of Hutagaol Sihujur Village, Silaen District, Toba Regency. </em><em>Based on the results of the study, it can be concluded that the governance space of Hutagaol </em><em>Sihujur Village often encounters obstacles including the application of law in Hutagaol Sihujur </em><em>Village and funding problems in various village activities. The role of the Village Head in </em><em>realizing good governance has not been fully fulfilled if it is seen from the various </em><em>characteristics in creating good governance in Tinampu Village, including participation, legal </em><em>framework/rule, transparency, responsiveness, consensus-oriented, fairness, accountability, </em><em>strategic vision, efficiency. and effectiveness. Several inhibiting and supporting factors in </em><em>creating good governance, including obstacles to the implementation of the order which is still </em><em>weak and the participation of village officials who are still lacking in creating good governance.</em></p> Rinaldi Hutagaol , Hisar Siregar , Kasman Siburian Copyright (c) 2022 NOMMENSEN JOURNAL OF CONSTITUTIONAL AND ADMINISTRATIVE LAW https://ejournal.uhn.ac.id/index.php/administrative_law/article/view/561 Sat, 28 May 2022 00:00:00 +0000