Journal Droit Constitutional and Administrative Policy

The Legal Purpose in Implementing Article 48 of Banyuasin Regional Regulation No. 4 of 2016 on Waste Management

2026-01-08T15:25:56+08:00

The Banyuasin Regency Government has enacted Regional Regulation No. 22 of 2012 in conjunction with Regional Regulation No. 4 of 2016 concerning Waste Management. This study aims to analyze the implementation of the regulation by applying Lawrence M. Friedman’s Legal System Theory and Thomas R. Dye’s Public Policy Theory to produce recommendations for improving both the technical aspects of waste management and the enforcement of the regulation in the future. The research employs a normative and empirical juridical approach using a qualitative method, with primary and secondary data obtained through field observations, interviews, and a review of related legislation. The findings indicate that the effectiveness of the regulation’s implementation depends on three key components: the legal structure (Environmental Agency and Civil Service Police Unit of Banyuasin Regency), legal substance (Regional Regulation No. 22/2012 Jo. No. 4/2016), and legal culture (community compliance and participation), in accordance with Friedman’s Legal System Theory. The study also finds that the inhibiting factors of implementation depend on the local government’s policy choices whether to act (“to do”) or not act (“not to do”) as stated by Dye’s Public Policy Theory. The conclusion of this research shows that the Banyuasin Regency Government has implemented the regulation, although it has not yet been carried out optimally.

Implementation of the Minister of Law and Human Rights Decree No. M.HH-01.PK.07.02 of 2009 on Guidelines for Food Provision for Inmates

2026-01-08T15:31:06+08:00

Food service is one of the fundamental rights of inmates and detainees that must be fulfilled by prison and detention center administrators to support the core functions of guidance, service, and security. This study aims to analyze the implementation of the Decree of the Minister of Law and Human Rights No. M.HH-01.PK.07.02 of 2009 concerning Guidelines for Food Provision for Inmates at the Class I Correctional Institution and State Detention Center in Bandar Lampung, as well as to identify the inhibiting factors in its implementation. The research method used is a combination of normative juridical and empirical approaches with a deductive reasoning process to provide a general overview of the answers to the research problems based on field findings. The results indicate that the implementation of the Decree has been carried out but remains suboptimal. Several inhibiting factors were identified, primarily limited budget allocations, which impact the adequacy of facilities and infrastructure required to ensure proper food provision. It is suggested that to improve implementation, the prison management must exercise greater responsibility, attention, and supervision over every stage of food procurement and distribution from contractors’ delivery to the final serving of meals to inmates to guarantee the fulfillment of the right to proper food.

Criminal Responsibility of Juvenile Offenders for Aggravated Mobile Phone Theft Based on Decision No. 22/Pid.Sus-Anak/2023/PN.Liw

2026-01-08T15:36:36+08:00

One of the criminal acts involving minors as perpetrators is theft with violence (robbery) of a mobile phone under aggravating circumstances, as decided by the Liwa District Court in Decision No. 22/Pid.Sus-Anak/2023/PN.Liw with the defendant Anak bin Kausar Arif. The research aims to identify the aggravating factors that led the minor to commit the act of violent theft (robbery) and to analyze how the court decision regulates the criminal responsibility of minors in such aggravated conditions. This research employs both primary and secondary data using an empirical and normative legal approach. The data were analyzed qualitatively through descriptive explanations arranged systematically. Based on Decision No. 22/Pid.Sus-Anak/2023/PN.Liw, the findings reveal that the aggravating factors contributing to the child’s involvement in the theft were: an environment providing opportunities to commit crimes, peer influence offering negative examples, and economic conditions fostering poverty and hardship. The court found the child legally and convincingly guilty of violating Article 363 paragraph (1) points 3 and 5 of the Indonesian Criminal Code (KUHP) and sentenced him to imprisonment in the Special Child Development Institution (LPKA) Pesawaran for four months and fifteen days. The decision demonstrates that the child was proven guilty of committing aggravated theft of a mobile phone.

Implementation of the Role of IDI Mediators in Resolving Medical Disputes in Lampung Province

2026-01-08T15:40:23+08:00

Medical dispute resolution in Indonesia increasingly applies the principles of restorative justice, emphasizing dialogue and ethical accountability rather than punitive sanctions. This study examines the implementation of the role of professional mediators of the Indonesian Medical Association (Ikatan Dokter Indonesia/IDI) in resolving medical disputes in Lampung Province. The main problems discussed are how IDI mediators carry out their role in the settlement of medical disputes and what obstacles they face in practice. This research employs a normative and empirical juridical approach. Data were obtained through literature review and field studies, then analyzed qualitatively using juridical analysis techniques. The results show that the settlement of medical disputes is generally carried out through the Medical Ethics Council (Majelis Kehormatan Etik Kedokteran/MKEK), which supervises, guides, and evaluates doctors’ compliance with medical ethics as stipulated in Law Number 29 of 2004 concerning Medical Practice. However, the implementation of IDI’s mediator role still faces several obstacles, including limited understanding of restorative justice among practitioners and the lack of standardized mediation procedures. The study recommends that IDI act more objectively and transparently in handling medical dispute mediation to ensure fairness for all parties, while also improving public awareness of medical ethics and professional responsibilities.

Implementation Of Village Consultative Body Election Based On East Lampung Regent Regulation Number 08 Of 2016

2026-01-08T16:00:35+08:00

This study aims to: (1) explain the implementation of the election of members of the Gantimulyo Village Consultative Body (BPD) based on East Lampung Regent Regulation Number 08 of 2016; and (2) describe the obstacles encountered in its implementation. This research applies both normative juridical and empirical approaches, using primary and secondary data obtained through interviews and literature studies. The data were analyzed qualitatively. The findings show that the election process of the BPD in Gantimulyo Village was carried out transparently, fairly, and democratically. The stages began with a participatory Village Deliberation meeting under the supervision of the Village Head. The Election Committee was formed through coordination between the village government and community representatives to ensure proportional representation. Candidate selection involved socialization, document verification, interviews, and evaluation of eligibility criteria in accordance with East Lampung Regent Regulation Number 08 of 2016, including requirements related to age, education, integrity, and domicile. The election process was conducted through village representative deliberations and was found to be in compliance with the applicable legal framework. However, the main obstacle identified was the lack of women’s representation, as no female candidates were elected as members of the Village Consultative Body.

Implementation of the Handling of Alleged Human Rights Violations at the Regional Office of the Ministry of Law and Human Rights of Lampung

2026-01-08T16:29:59+08:00

This study examines the implementation of Article 4, Paragraph 2 of the Regulation of the Minister of Law and Human Rights Number 23 of 2022 concerning the handling of alleged human rights violations at the Regional Office of the Ministry of Law and Human Rights in Lampung. The regulation aims to provide services for reporting human rights violations, which serve as an application of the national human rights framework. This study addresses two main problems: how the regulation is implemented and the obstacles encountered in its application. The research employs a combined normative juridical and empirical approach. Secondary data were obtained through literature review, while primary data were collected in the field using observation and structured interviews. Data were analyzed qualitatively to provide an in-depth understanding. The findings indicate that the regulation has been implemented at the Lampung Regional Office; however, its execution has not been fully optimal due to limited enforcement of human rights protection. Obstacles include both internal factors within the office and external factors related to public awareness and participation. The study recommends that the Regional Office and relevant authorities in Lampung optimize the implementation of the regulation and encourage the public to report any experienced human rights violations more actively.

Analysis of the Decision of the Lampung Provincial Information Commission in the Perspective of Legal Utility

2026-01-08T16:36:01+08:00

This study examines the decisions of the Lampung Provincial Information Commission in resolving public information disputes within the framework of legal utility. The Commission’s main responsibility is to mediate or adjudicate disputes concerning the right to public information in accordance with Law Number 14 of 2008 on Public Information Openness. The era of information transparency provides broad benefits but also creates the potential for misuse by irresponsible individuals or groups. The purpose of this study is to determine whether the principle of legal benefit, alongside justice and legal certainty, has been considered by the Lampung Provincial Commissioners’ Council in deciding cases of public information disputes. Using a normative juridical approach supported by case analysis, the research finds that the Commissioners’ Council has attempted to balance legal certainty, justice, and expediency by objectively assessing the evidence and arguments of both the applicant and the respondent. However, the Council has not yet incorporated consideration of the possible misuse of information, as such matters fall beyond the scope of authority granted by current legislation and Information Commission regulations. The study recommends a revision of the Information Commission’s procedural regulations to include an assessment of the purpose and intent of the information request, ensuring that the principle of legal utility is more comprehensively applied in future adjudications.

Implementation Analysis of Civil Servant Discipline Regulation No. 94 of 2021 at Kesbangpol Bandar Lampung

2026-01-08T16:41:53+08:00

Civil servant disciplinary violations are not limited to attendance or working hours but also include breaches of statutory regulations, failure to carry out official duties with commitment and responsibility, and lack of honesty, accuracy, and diligence in performing tasks. This study aims to analyze the implementation of Chapter III of Government Regulation No. 94 of 2021 concerning Civil Servant Discipline at the National Unity and Political Agency (Kesbangpol) of Bandar Lampung City. The research also seeks to identify the obstacles faced by Kesbangpol in implementing these disciplinary provisions. This research employs a combination of empirical and normative legal approaches, utilizing both primary and secondary data sources. Data processing was carried out through identification, categorization, and systematization before applying qualitative descriptive analysis. The results indicate that Kesbangpol has implemented Chapter III of Government Regulation No. 94 of 2021; however, its execution has not been fully effective or optimal. Several factors hinder the effective implementation of civil servant discipline, including a weak legal culture, the absence of a reward and punishment system, unfair treatment, lack of welfare, unhealthy career patterns, poor governance, weak supervision, leniency toward violations, a crisis of exemplary leadership, and low motivation among employees. Strengthening the disciplinary framework requires improving leadership integrity, ensuring fair sanctions and rewards, enhancing welfare, and fostering a culture of accountability to achieve better discipline and performance among civil servants.

Implementation Analysis of Article 65 of Permenkumham No. 19/2019 on Notary Protocol Submission in Lampung

2026-01-08T16:48:30+08:00

This study analyzes the implementation of Article 65 of the Regulation of the Minister of Law and Human Rights No. 19 of 2019 on the submission of notary protocols at the end of a notary’s term of office, with a focus on the Lampung Regional Office. Notary protocols, which contain minuta akta and other authentic records, are crucial for legal certainty and public access to authentic deeds. However, in practice many former notaries fail to promptly hand over their protocols, causing legal uncertainty and administrative difficulties for the Regional Supervisory Council. The research uses normative and empirical juridical methods with an analytical descriptive approach, based on primary, secondary, and tertiary legal materials. Normatively, it examines the UUJN and Permenkumham No. 19 of 2019, while empirically it assesses their implementation, effectiveness, and practical implications through field data and interviews in Lampung. The findings show that the submission mechanism is clearly regulated but not fully effective, mainly due to non-cooperative notaries and the absence of explicit legal sanctions for non-compliance. The study recommends introducing clear administrative and disciplinary sanctions and strengthening supervision, socialization, and digital monitoring to ensure timely protocol submission and better protection of citizens’ rights to access notarial documents.

Juridical Analysis of Prisoners’ Right to Work Safety and Wages in the Correctional Law

2026-01-08T16:54:42+08:00

The right to work safety, wages, or work premiums for prisoners is a fundamental entitlement regulated under Article 9J of Law Number 22 of 2022 on Corrections. This paper analyzes the juridical implementation of Article 9J at the Class IIA Women’s Correctional Facility in Bandar Lampung, focusing on the fulfillment of prisoners’ rights and the obstacles faced in practice. The research employs a normative and empirical juridical method, using primary data obtained from field studies and secondary data from literature reviews. The data were examined through a qualitative juridical approach. The findings show that prisoners’ wages are determined based on income generated from the sale of inmate-produced goods and services, after deducting production costs. The implementation of wages is guided by principles of humanity and justice, while the amount of wages or premiums is outlined in cooperation agreements with third parties. Nonetheless, several challenges remain, including the absence of detailed regulations on wage standards, limited competitiveness of inmate products, insufficient infrastructure and budget for self-reliance programs, and a lack of societal recognition of prisoners’ potential. This study suggests that the government should issue updated regulations regarding minimum wages and premiums for inmate workers, accompanied by sufficient budgetary support for self-reliance programs. In addition, the Class IIA Women’s Correctional Facility in Bandar Lampung is encouraged to maximize available resources, promote inmate products through various platforms, and enhance cooperation with external partners