Nommensen Journal of Constitutional and Administrative Law

Analisis Hukum Pembentukan Undang-Undang Nomor 11 Tahun 2020 Tentang Cipta Kerja dalam Perspektif Pembentukan Peraturan Perundang-undangan

Daniel Ehowu Zebua, Haposan Siallagan, Janpatar Simamora — Sat, 28 May 2022 00:00:00 +0000

The Constitutional Court has conducted a formal review of Law No. 11 of 2020 concerning Job Creation and partially granted the Petitioners' Petition in the case of a formal review of Law No.11 of 2020 concerning Job Creation. The purpose of this study is to find out how the formation ofLaw No. 11 of 2020 in the perspective of the formation of legislation. This research is based on Law No. 12 of 2011 concerning Legislation as a guide and basis for researching formal disabilities which has been decided by the Constitutional Court. The approach method used in this study is a normative juridical approach, with research specifications that are descriptive analysis, using secondary data, analyzed normatively. The results showed that the formation of Law no. 11 of 2020 has been in accordance with the Regulations for the Establishment of Legislation, in particular Article 5 of Law no. 12 of 2011, especially the principles in the formation of laws and regulations. However, the problem is the method of establishing Law no. 11 of 2020 uses the omnibus law method, where in Indonesia there is no official regulation.

Analisis Yuridis Terhadap Kebijakan Penanganan Wabah Virus Covid-19 yang Mengakibatkan Karantina Wilayah di Daerah

David Halomoan Simbolon, Hisar Siregar, Kasman Siburian — Sat, 28 May 2022 00:00:00 +0000

The constitutional design of the relationship between the Central Government and Regional Governments in Indonesia is built on the principle of a unitary state. The determination of the status of the Covid-19 Pandemic by the World Health Organization (World Health Organization) based on the number of virus spreads has increased significantly and continuously globally, this is responded by the Government of Indonesia by establishing the status of the Covid-19 outbreak as a National Disaster as stated in Presidential Decree No. 12 of 2020 concerning the Determination of NonNatural Disasters for the Spread of Corona Virus Disease 2019 (COVID-19) as National Disasters. Furthermore, the President formed a Task Force for the Acceleration of Handling Covid-19 in order to coordinate the capacity of the central and regional governments. The legal research method used in this research is normative juridical law research. Based on the results of research conducted, the initial concept of regional autonomy was intended for local governments to be able to develop their regions without relying solely on the central government. However, to realize the flexibility to regulate and manage affairs outside the stipulated affairs, it can only be carried out by the region if it has been approved by the central government.

Tanggung Jawab Negara Terhadap Jaminan Kesehatan dalam Perspektif Hak Asasi Manusia

Netanael Tampubolon, Hisar Siregar , Kasman Siburian — Sat, 28 May 2022 00:00:00 +0000

The role of the state in meeting the basic needs of people is very important, especially in the form of comprehensive health services, where health is recognized as a human right, a set of rights that are inherent in the nature and existence of people as God's, Almighty, Indwelling and a Gift That Must Be The purpose of this research, which is respected, preserved and protected by the state, is to find out the form of state responsibility towards health insurance with regard to human rights. The type of research used in this study is normative legal research methods. The result of this study is that in fulfilling the basic rights of citizens to health, the government is obliged to ensure adequate access for all citizens to adequate and optimal health services. In an effort to respect, protect and meet government obligations through the implementation of human rights standards on the right to health.

Hak Inisiatif Dewan Perwakilan Rakyat Daerah dalam Proses Pembentukan Peraturan Daerah

Yanuarius Halawa, Kasman Siburian , Hisar Siregar — Sat, 28 May 2022 00:00:00 +0000

The DPRD's initiative right is the right to propose a draft law or regional regulation, this initiative right is a right owned by DPRD members to carry out their functions in the field of legislation, in the context of administering regional government in accordance with the mandate of Law Number 9 of 2015. , which regulates and manages government affairs on its own according to the principle of Autonomy and coadministration, is directed at accelerating the realization of community welfare through improvement, service, empowerment, and community participation, as well as regional competitiveness by taking into account the principles of democracy, equity, justice, privileges and specificities of a country. regions in the system of the Unitary State of the Republic of Indonesia. The mechanism for using the DPRD's initiative right in the formation of a regional regulation is carried out by means of submissions,
internal discussions and Bapemperda meetings by DPRD members. By Deliberation and with procedures in accordance with applicable laws and regulations for the formation of PERDA. The procedure in the process of forming Regional Regulations is that prior to the preparation of Regional Regulations, the planning process for the preparation of regional regulations is carried out in a Regional Legislation Program.

Kajian Hukum Terhadap Pemberhentian Kepala Daerah Menurut Konstitusi Indonesia

Abdullah Almeer Syahqeel Bawamenewi, Budiman Sinaga — Sat, 28 May 2022 00:00:00 +0000

Based on Article 7 A of the 1945 Constitution Amendment, the President and Vice President can be dismissed in their term of office by the MPR on the proposal of the DPR, either if proven to have committed violations of the law in the form of treason against the state, corruption, bribery, and other criminal acts, or reprehensible acts or if proven no longer qualified as President and Vice President. This provision also carries implications for the Regional Head as the organizer of the local government that can be dismissed in his term of office. Methods in thesis writing use Normative Juridical research methods or literature law research by researching library materials or mere secondary data. So the conclusion of the results of this study is that the dismissal of the Regional Head and or Deputy Head of Regions starts from Law No. 5 of 1974, Law No. 22 of 1999, Law No. 32 of 2004, and finally Law No. 23 of 2014 on Local Government, as well as Government Regulation No. 12 of 2017 on The Construction and Supervision of Local Government Implementation almost has the gality, namely the scheduling of the dismissal of the Regional Head and or Deputy Regional Head is carried out by the dprd leadership to the President.

Peranan Kepala Desa dalam Penerapan Pemerintahan yang Baik (Good Governance) di Desa Hutagaol Sihujur Kecamatan Silaen Kabupaten Toba

Rinaldi Hutagaol, Hisar Siregar — Sat, 28 May 2022 00:00:00 +0000

This thesis discusses the role of the Village Head in realizing Good Governance in Hutagaol Sihujur Village, Silaen District, Toba Regency while the problems in this thesis are: what is the role of the village head in implementing good governance in Hutagaol Sihujur Village, Silaen District, Toba Regency and what are the supporting and inhibiting performance factors for the creation of good governance in the village head government, Hutagaol Sihujur village. The research method used in this research is the method of interviews, documentation, data management techniques and data analysis carried out to the Head. Based on the results of the study, it can be concluded that the governance space of Hutagaol Sihujur Village often encounters obstacles including the application of law in Hutagaol Sihujur Village and funding problems in various village activities. The role of the Village Head in realizing good governance has not been fully fulfilled if it is seen from the various characteristics in creating good
governance. Several inhibiting and supporting factors in creating good governance, including obstacles to the implementation of the order which is still weak and the participation of village.

Peranan Pemerintah Daerah Kota Sibolga dalam Pembangunan Pariwisata Berbasis Pelestarian Lingkungan

Hot Pierre Andreas Situmeang, Kasman Siburian — Sat, 28 May 2022 00:00:00 +0000

The role of the government is all actions and policies carried out by local governments in carrying out their duties, authorities and obligations function as protectors and public servants.This type of research is a type of qualitative research, namely the type of research used to examine the condition of natural objects, as opposed to an experiment, where the researcher is the key instrument, the data collection technique is done by triangulation (combined), the data analysis is inductive and the results of qualitative research are more emphasize meaning rather than generalization.This study aims to obtain an overview of the role of the Government (Department of Youth, Sports and Tourism), in managing tourism objects, as well as the factors that influence the management of the tourism sector in Sibolga City. The results of this study indicate that the role of the Government (Department of Youth, Sports and Tourism) in the management of the tourism sector is to complete tourism supporting facilities and
infrastructure. Factors that influence the development of tourism objects are supporting factors, namely community participation and the large amount of tourism potential, while the inhibiting factors are limited funds, and lack of access to tourist objects.