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THE ROLE OF POLITICAL LAWS IN LAW CODIFICATION AND UNIFICATION EFFORTS FOR THE DEVELOPMENT OF NATIONAL LAW IN ACCORDANCE WITH PANCASILA AND THE PRINCIPLES OF DIVERSITY IN INDONESIA Mahanani, Anajeng Esri Edhi
Surakarta Law and Society Journal VOL. 3 NO. 1 AUGUST 2020
Publisher : Surakarta Law and Society Journal

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Abstract

Article aims to analyze and assessing political role of law in an effort to codification and unification of the law for the construction of national law in accordance with Pancasila and the principle of diversity of Indonesia. This research is a prescriptive normative research, using literature study. The results of the discussion concluded that the codification and unification needed in Indonesia with the condition that the plurality of the people are partial and open codification and unification. Based on the results of the discussion it can be said that: First, the development of national law requires the reconstruction of law based on the Pancasila and the Constitution of the 1945 Constitution of the Republic of Indonesia, so that the colonial law which is still in force today must immediately be restructured based on the Ideology and the National Constitution. Second, it is necessary to realize an open unification and codification in the development of Political Laws based on Pancasila and the value of Indonesian Diversity. Keywords: codification, Pancasila, legal development, political law.
Resultan Sistem Pemilu dan Sistem Pemerintahan terhadap Pelaksanaan Demokrasi di Indonesia Mahanani, Anajeng Esri Edhi
JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN Vol. 22 No. 02 (2019): Jurnal Yustika: Media Hukum dan Keadilan
Publisher : Fakultas Hukum Universitas Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24123/yustika.v22i02.2388

Abstract

Problems related to the resultant electoral system and the government system are the focus of the discussion in this study. Types of electoral systems, as well as types of governmental systems are discussed to be able to be a study of the use of electoral systems and government systems. The purpose of discussing this problem is to analyze the electoral system and the government system that are compatible with the implementation of democracy in Indonesia. This research is discussed through normative analysis, and through qualitative methods. The results of the qualitative normative analysis can be seen as follows: First, the results of the analysis show that there is a resultant between the electoral system towards the implementation of democracy in Indonesia as seen from the theory of the people's unity and the representative system. The consultant becomes strong if the general election system used is a purely open proportional electoral system, namely the voter as the supreme sovereignty constitution, can know with certainty who the candidate is and will help determine who is the people's representative. Second, there is a result between the government system and the implementation of democracy, the theory of popular sovereignty and the system of representation. Parliamentary and presidential government systems have their own weak points and strengths. However, the presidential system applied in democratic countries in Indonesia is better, because it tends to be more stable in its accountability. Placing the highest sovereignty as the only party that accepts the responsibility of those who have been elected to the executive and parliamentary institutions. The concept developed is a system of political representation, not as a system of partisan representation . Keywords: Resultan, District System, Proporsional System, Presidensiil, Parlementary
Restructuring the Pancasila-Based Representative Democracy System Through Formulations of Political Education by Political Parties Mahanani, Anajeng Esri Edhi; Anggriawan, Teddy Prima
Law Research Review Quarterly Vol 4 No 4 (2018): L. Research Rev. Q. (November 2018) "Law and Democracy in General Election: Betwe
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/snh.v4i03.27018

Abstract

The existence of political parties, especially in Indonesia, one of which is aimed at maximizing the function of political education both for the general public and for political party cadres, as the Explanation of Law Number 2 of 2011 concerning Amendments to Law Number 2 of 2008 concerning Political Parties. This study aims to restructure or realign the objectives of the Indonesian state democracy, by reviewing the principle of representative of the people. Research begins by examining the concept of representative democracy in accordance with the values ​​of Pancasila, which is then used as a reference to formulate political education by political parties. This formulation of Pancasila-based political education is the object of research in this paper, which was analyzed by using the normative method assisted by literature study. Based on the discussion, it can be said; First, democracy on the basis of Pancasila is a representative democracy, create the representatives of the people who should not only be interpreted as "assistants" as a result of the degradation of constituent trust in the people's representatives. Contrary, representative democracy is not interpreted as an absolute or fully representative democracy, which in practice actually encourages constituent apathy and then supports the practice of a semi-timocratic system with the appearance of democracy. Second, the formulation of political education must be restructured in the spirit of Pancasila values, especially through the alignment of understanding of representative democratic systems as recommendations for political parties to carry out political education functions.
Harmonization of Regulations Regarding Social Media Used for Political Communication for the Establishment of Clean and Conducive Elections Anggriawan, Teddy Prima; Mahanani, Anajeng Esri Edhi
Law Research Review Quarterly Vol 4 No 4 (2018): L. Research Rev. Q. (November 2018) "Law and Democracy in General Election: Betwe
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/snh.v4i03.27112

Abstract

The development of information technology have been used to simplify the people to get fast access of information, especially after the modernization community has cheered the various convenience and entertainment offered by social media. The speed of media access, in this case is not always directly proportional to the accuracy of information, it can be said that social media was not able to provides the quantity of information without ascertaining the right quality of information. The problem appears while the Law Number 7 of 2017 about the election then provide an opportunity for election participants to utilize social media for the advantage of the campaign, on article 275 of the a quo law. This provision certainly also accommodates the interests of people in democratic countries. This study aims to collect legislation governing social media, to be harmonized with the provisions of the article that governs the campaign media, given that social media is very effective for campaign media, but still must be given by legal restrictions. This discussion will be analyzed by using the normative method through document study. Based on the discussion, it can be formulated as follows; First, that social media is very effective to be used by political parties to carry out the functions of political communication, especially campaigns aimed at gaining milineal generation "votes". Second, harmonization of campaign arrangements through social media will help conduct elections that are conducive without hoaxes and mass duping due to the development of information technology.
Forest Management Model Based on Community Participation Under the Provisions of Forestry Law in the KPH Saradan, Madiun, East Java Wahyudi, Eko; Mahanani, Anajeng Esri Edhi; Faizah, Rohmatul
Nusantara Science and Technology Proceedings 4th International Seminar of Research Month
Publisher : Galaxy Science

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This paper aims to analyze forest management by involving community participation in the field of legal policy in the KPH Saradan, Madiun, East Java. Furthermore, it will also be assessed the appropriate model for forest management in Indonesia, so that community participation-based in forest management becomes the appropriate alternative to resolve the forestry issues in Indonesia, specifically related to deforestation as a consequence of the weak legal policies. This research is part of socio-legal research. The type of data used in this research is primary and secondary data. As a result, it can be said that; First, forest management based on community participation is a KPH program named as the Community Forest Management, wherein Law Number 41 of 1999 on Forestry, Government Regulation of the Republic of Indonesia on Forest Management and Forming of Forest Management Plan, and Forest Utilization, also Community Forest Management Policy PLUS (PHBM Plus) as the legal basis. Second; the Forest management model based on community participation has not been implemented optimally yet. The obstacles that arise are precisely associated with the lack of control in management efforts. Community participation in managing forests without supervision will be a boomerang for forest sustainability in Indonesia. For this reason, creating a monitoring model is a key requirement in discussing the forest management model in Indonesia
Direct Consultation and Virtual Consultation in the framework for Management BUMDES for Optimization of Financial in Sekaran, Loceret, Nganjuk, East Java Wahyudi, Eko; Mahanani, Anajeng Esri Edhi; Faizah, Rohmatul
Nusantara Science and Technology Proceedings 4th International Seminar of Research Month
Publisher : Galaxy Science

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Based on research by socio-legal that is to see the implementation of BUMDES management directly in Desa Sekaran, Loceret, Nganjuk, it was concluded that the existence of BUMDES Sekaran, Loceret, Nganjuk is still at the initial development level because it is still at the level of activity and business program design. This condition encourages the need for BUMDES to be developed at the level of management, financial management, as well as a basic understanding of the law. Higher Education, in this case, has an important role considering the dharma of community service is also attached to it. Besides, although the village has a village assistant, its existence as a village facilitator has not been able to answer the problem, the facilitator has not been able to provide knowledge of financial management and BUMDES optimally. Based on the results of field research through direct interviews with the Sekaran Head, and the BUMDES Chairperson, solutions were then drawn to provide financial management and BUMDES assistance, as well as legal understanding through direct consultation and virtual consultation. Direct consultations are held at the forum, while virtual consultations show sustainability.
Marketing Improvement through Online Marketplace Usage Training for Micro-Business in Jati Village, Tuban Arifiyanti, Amalia Anjani; Takarini, Nurjanti; Faizah, Rohmatul; Mahanani, Anajeng Esri Edhi
Nusantara Science and Technology Proceedings 4th International Seminar of Research Month
Publisher : Galaxy Science

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Internet access in Indonesia currently covers many parts of Indonesia. These developments are now progressing rapidly with the use of smartphones by the Indonesian people. With the ease of internet access and the high usage of electronic gadgets, they will supports in various activities carried out by the community. These kinds of activities included in buying and selling transactions. This online transaction is not restricted by region and time. The online transaction can be through an online marketplace. One of familiar online marketplace in Indonesia is Tokopedia. The communities in Jati Village, Soko, Tuban where the majority of the people owns micro businesses can sell their product through this platform. Selling through this platform has many advantages, such us this platform provide free service for seller and this platform has a high number of users in Indonesia. Because of that reason, the training Tokopedia seller for micro-business owner in Jati village was held. The result of this training expected that micro-business owner can sell their product through this platform. This will help them for marketing their products more easily and have wider customer coverage. In this training, as many as twenty four micro-business owners attended and participated in the training actively and enthusiastically.
Impresi Putusan Mahkamah Konstitusi Bersifat Positive Legislature Ditinjau dari Progresivitas Hukum dan Teori Pemisahan Kekuasaan Mahanani, Anajeng Esri Edhi
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 54, No 2 (2020)
Publisher : Faculty of Sharia and Law - Sunan Kalijaga State Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/asy-syir'ah.2020.54.2.421-441

Abstract

Abstract: The Constitutional Court is one of the institutions with the judicial review power based on the constitution. In its authority to examine based on the constitution, the Constitutional Court not only has the authority to cancel norms (negative legislature), but also has the authority to form new norms (positive legislatures) against laws that either partially or wholly have been declared null and void. The nature of this decision raises the pros and cons, which is further examined in this article through the literature review method. This case literature review is based on the theoretical basis of legal progressivity and the theory of separation of powers based on the principle of checks and balances. Based on the results of an analytical study, it is known that the nature of decisions of positive legislature is resulted from the need for progressive judges in making legal findings to ensure the progressiveness of the law. In this regard, it is studied that making decisions that are positive in the legislature does not injure the meaning of separation of powers in modern constitutional practice, because this authority is exercised to ensure that the realization of checks and balances is in line with the rule of law of the democratic country.Abstrak: Mahkamah Konstitusi merupakan salah satu pelaksana kekuasaan kehakiman yang berdiri pada kekuasaan yudikatif. Mahkamah Konstitusi dalam kewenangannya menguji Undang-undang terhadap Undang-Undang Dasar, tidak hanya memiliki kewenangan untuk membatalkan norma (negative legislature), namun juga berwenang untuk membentuk norma baru (positive legislature) terhadap undang-undang yang baik sebagian maupun keseluruhan normanya, dinyatakan batal. Sifat putusan yang demikian telah menimbulkan pro dan kontra, dan hal itulah yang dikaji dalam artikel ini. Kajian literatur atas kasus ini didasarkan pada landasan teori progresivitas hukum serta teori pemisahan kekuasaan berdasarkan prinsip check and balances. Berdasarkan hasil kajian yang telah dilakukan, diketahui bahwa sifat putusan positive legislature merupakan wujud dari dibutuhkannya progresivitas hakim dalam melakukan penemuan hukum guna menjamin progresivitas hukum. Terkait hal ini, dapat dikatakan bahwa pengambilan putusan yang bersifat positive legislature tidak mencederai makna pemisahan kekuasaan pada praktik ketatanegaraan modern karena kewenangan ini dilaksanakan untuk menjamin terwujudnya check and balances yang bekerja pada negara hukum yang demokratis.
Web-Based of Standard Operational Procedures Design for Lecturers as a Realization of Law and Public Hearing Facilities in Universitas Pembangunan Nasional "Veteran" Jawa Timur Nisa, Diana Aqidatun; Arifiyanti, Amalia Anjani; Mahanani, Anajeng Esri Edhi
Nusantara Science and Technology Proceedings 5th International Seminar of Research Month 2020
Publisher : Galaxy Science

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This study aims to find a communication model and standard operational procedure of digital publication design Policies to support lecturers' performance in administration at UPN "Veteran" Jawa Timur, particularly for the functional position. Thus, the model and design hopefully could ensure legal certainty and public hearing media. The method began with identifying the problems that arise regarding the implementation of policies in the university. The sampling technique involved quantitative and qualitative, which utilized non-random sampling in the form of a questionnaire. Then, the formulation of solutions that answer these problems through the identification of problem-solving efforts was generated. The solution was packaged to provide a communication model and digital publication design of the Policy of Standard Operational Procedure for Lecturers in the UPN "Veteran" Jawa Timur. It was found that there were quite problems, especially that there had not been centralized SOP yet. Consequently, many ambiguities occurred so that the lecturers became confused and felt uncertain about the procedure to proceed with their functional position.
Strengthening Community Legal Awareness Toward Consumer Protection Laws Through the Utilization of Information Technology Mahanani, Anajeng Esri Edhi; Aditiawan, Firza Prima; Anggriawan, Teddy Prima
Nusantara Science and Technology Proceedings 5th International Seminar of Research Month 2020
Publisher : Galaxy Science

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The development of information technology has had a major impact on the development of the business world. Types of businesses are increasingly diverse, including the types of businesses online. This development is increasing with positive and negative influences in 2020. However, at the beginning of 2020 too, the world economy was shifting due to health issues, namely the covid-19 virus. This health issue has a major influence on the business world online, many cases of business buying and selling of non-National Food and Drug Agency products are even far from the quality they should be. This is only one example of a potential violation of consumer rights. This research aims to disseminate information technology-based media related to the enactment of Law Number 8 of 1999 concerning Consumer Protection. This socialization is packed with technological developments, and a touch of humanism in society and industrial development 5.0, namely through android-based applications. This research is expected to be a form of the contribution of UPN "Veteran" East Java to the local community, nation, and state. In particular, it is helping to reduce violations of consumer rights, and strengthening public legal awareness regarding consumer protection.