El-Dusturie

Perbandingan Kinerja Bumdes Yang Terdaftar Dan Tidak Terdaftar Sebagai Badan Hukum

Ariatiningsen — 2024-10-17

This research explores the comparison of the performance of Village-Owned Enterprises (BUMDes) that are registered as legal entities and those that are not registered, with a focus on the impact of legality on operational effectiveness and economic contribution to village communities. Registration of BUMDes as a legal entity is believed to provide various benefits, such as easier access to funding sources, increased public trust, and more transparent business management. This research uses mixed methods yuridis normative and by collecting qualitative data through interviews and field observations. The results of the analysis show that BUMDes registered as legal entities tend to have superior performance in terms of revenue, operational efficiency and business expansion capabilities. Meanwhile, unregistered BUMDes face limited access to funding and strategic partnerships, as well as problems in terms of accountability and transparency. This study suggests the importance of government support in facilitating the legal entity registration process for BUMDes in order to increase competitiveness and sustainability at the village level.

Mekanisme Pengisian Kekosongan Jabatan Kepala Daerah Dalam Perspektif Fiqh Siyasah Serta Hukum Positif

Amelia Kusuma Dewi — 2024-10-30

The writing of this scientific article discusses filling vacancies in regional head positions, such as this year where there are several vacancies in regional head positions because their terms of office have expired or they have died and been dismissed for some reason, therefore there is a mechanism for appointment of regional heads (Pj) carried out by the central government. . The polemic regarding the appointment of regional heads (Pj) which is not transparent and not participatory is very inadequate because it only involves the governor, minister of home affairs and the president without considering the Constitutional Court's decision which in its legal considerations outlines that the filling of acting regional heads must be transparent and not ignore democratic values to avoid abuse of authority in the process of appointing the acting regional head. From the results of this research, it can be concluded that filling vacancies through the position appointment (Pj) mechanism is not in accordance with democratic principles because it does not involve the people either directly or through representatives in the appointment.

Keywords: Vacancies in Positions, Regional Heads, Fiqh Siyasah, Positive Law

Politik Hukum Dalam Penentuan Batas Usia Capres Dan Cawapres Di Indonesia Perspektif Fiqh Siyasah

Susilo Hadi Prayoga — 2024-10-30

The determination of the age limit for presidential and vice-presidential candidates in Indonesia has sparked political and legal dynamics, particularly regarding the involvement of younger generations in national leadership. This issue surfaced with the nomination of Gibran Rakabuming Raka as a vice-presidential candidate in the 2024 election, influenced by Constitutional Court Decision No. 90/PUU-XXI/2023, which regulates the minimum age requirement for presidential and vice-presidential candidates.

Research Question: This article examines how the age requirements for presidential and vice-presidential candidates are viewed from the perspective of Fiqh Siyasah and the political-legal implications in Indonesia. The primary questions include: how does Fiqh Siyasah address these age restrictions, and what are the political and legal implications of the Constitutional Court’s decision within the context of Indonesian democracy?

Research Method: This research employs a qualitative approach with a normative legal perspective, analyzing data based on legal documents, court rulings, and relevant literature on Fiqh Siyasah.

Data and Findings: The Constitutional Court Decision No. 90/PUU-XXI/2023 amended Article 169 letter q of the Election Law, previously setting the minimum age for presidential and vice-presidential candidates at 40 years, to include an alternative requirement of experience as an elected official. This decision has sparked debate about dynastic politics and the constitutional rights of younger generations. However, it is considered consistent with the principles of Fiqh Siyasah, prioritizing public interest, provided that it aligns with the criteria of good leadership.

The findings suggest that this decision does not violate the principles of Fiqh Siyasah; instead, it opens opportunities for younger generations to participate in national leadership in accordance with public welfare and constitutional rights.

Keywords: Age Limit, Fiqh Siyasah, Legal Politics.