Kewenangan Dewan Perwakilan Daerah Dalam Pengawasan Peraturan Daerah

Regional Representative Council (Dewan Perwakilan Daerah/DPD) is a constitution organ. This one of state institutions is established and empowered by the 1945 Constitution. The existence of the Regional Representative Council is regulated in the provision of Chapter VII Article 22 C and Article 22 D of the 1945 Constitution. The authorities and duties of the Regional Representative Council is regulated in No. 2/2018 of Law about the People’s Consultative Assembly (MPR), the House of Representative (DPR), the Regional Representative Council (DPD), and the Regional People’s Representative Council (DPRD). One of the Regional Representative Council’s authorities in the Law No. 2/2018 is able to monitor and evaluate the regional regulations plan and the regional regulations. However, since the verdict of Constitutional Court No. 137/PUU XIII/2015 and 56/PUU-XIV/2016 about revocation of the government authority (central) to nullify (executive review) the regional regulation, the authority of the Regional Representative Council in monitoring the regional regulations plan and the regional regulations is weakened and not clear. The nullification of the regional regulation(s) is owned by judicial institution only, such as the Supreme Court (MA). In fact, the Regional Representative Council should be as a representative council that can associate those two interests at once, the central government in top down way and regional interest in bottom up way. How does the Regional Representative Council align those two waves of interests at once through the regional regulation(s)? This research uses statute approach, by examining the related laws about law issues which is already analyzed and also uses conceptual approach, which starts from the point of views and developed doctrines in the legal studies. Based on the research results, it was known that the verdict of the Constitutional Court did not eliminate the control of the central government, in this case was the Regional Representative Council to the regional government, including the making of the regency/city regional regulations. But, this control was not in the shape of testing or nullifying the regional regulations. The Regional Representative Council in consort with the ministry, and governor as the representative of the central government should do some evaluation process on each regional regulations plan.

Universal Maqāṣid al-Sharīʿah and Their Modern Application: Towards Ensuring a Peaceful and Secured Environment

The maqāṣid theory is a popular trend in Islamic legal theories. Contemporary scholars view it as a valid method of interpreting the revealed text and as a valuable instrument for solving contemporary issues because it helps reform Islamic thought and civilization. Indeed, the idea of maqāṣid al-Sharīʿah has been widely studied and expanded by modern scholars of Islamic legal theory. Chiefly, Ibn ͑Ashur and contemporary MaqÉsid scholars renewed the scholarly discourse and ensured its proliferation and wide acceptance in legal studies. It has emerged as a new science that connects with all other legal disciplines. Thus, scholars firmly assert that the maqāṣid al-Sharīʿah constitute the most important intellectual means and methodologies for Islamic reform today. Consequently, the researchers aim to examine the modern discourse of Maqāṣid al-Sharīʿah and the latest developments beyond the universal MaqÉÎid. Mainly, the researchers scrutinize the two objectives namely the preservation of the environment via the protection of life and wealth. Accordingly, this article follows the qualitative method of data collection and analysis. Among the findings of the research is that the latest developments of Maqāṣid al-Sharīʿah, open the door of ijtihād widely to create ample areas for jurists to regulate the affairs of the Muslim ummah. Further, the maqāṣid al-Sharīʿah do not reflect only the objectives of Islamic law; their role goes beyond and is used to formulate basic principles and values related to global peace and human welfare. Hence, they have greatly contributed to the revival of Islamic thought and have opened a wider space for the application of Islamic law pertaining to peaceful environment.

Risk-Oriented Approach in the Implementation of Control and Supervision Activities: Theoretical Justification and Problems of Application

The article discusses the theoretical justification of the risk-based approach in the implementation of state control and supervision, and also highlights the problems of the practical use of this approach in the context of the reform of control and supervision activities. The author compares the positions regarding the risk category in economic and legal studies, justifies the growing interest in the use of risk technologies in public administration. An analysis of the use of the risk category in the legal and regulatory field allows us to distinguish two positions in relation to risk: risk as a possible occurrence of an event that has a negative effect, and risk as the probability of its occurrence. The risk institute belongs to the general theory of law and at the same time finds development in industry research. In modern conditions, the law is inherent in the task of preventing, overcoming and minimizing risks in various areas of social reality with their simultaneous recognition and assumption. The author considers the evolution of the application of the risk management system in the implementation of customs and tax control, substantiates the transformation of its interpretation. Based on the analysis, it is concluded that the risk-based approach in relation to the system of state control and supervision should be interpreted as the principle of a modern system of state control and supervision; the condition of its selectivity and sufficiency; means of reducing the administrative burden on the controlled sphere; a means of stimulating the controlled sphere in a given direction and a modern method of organizing and implementing state control and supervision. Narrow and broad approaches in positioning risks in the implementation of state control and supervision are highlighted. In the first case, risk is understood as the probability of non-compliance with mandatory requirements. A broad approach involves two factors: the likelihood of non-compliance and the consequences of such non-compliance. A characteristic is given to such characteristics of a risk-based approach in the implementation of state control and supervision: staging, agile, stimulating the preventive component of state control and supervision, the development of interagency cooperation, the connection with the digitalization of control and surveillance activities. The following are identified as the problems of applying the risk-based approach in the implementation of state control and supervision: the problems of developing and using criteria for the risk categorization of controlled persons, correlating these criteria with indicators of the effectiveness and efficiency of control and supervision activities; lack of correlation between control and supervisory procedures and proceedings on administrative offenses; the problem of using the category of good faith in the implementation of control and supervision activities and others. Solving the identified problems will improve the effectiveness of state control and supervision in modern conditions.

Ways of Seeing Advertising: Law and the Making of Visual Commercial Culture

This article examines the role of law in shaping visual commercial culture by telling the story of the hoarding—the outdoor advertising surface for posters—in the formative decades of mass advertising in Britain, from roughly 1840 to 1914. The hoarding emerged in this period as a distinct property and a focal point of contestation over ways of seeing. Its meaning as a visual environment hinged on questions, which are still resonant today, about the interaction between economic and aesthetic categories: advertising and art, capital and beauty, commerce and culture. Historical actors—among them the organized billposting trade, the National Society for Checking the Abuses of Public Advertising, a civil society organization that took up the cause of protecting public spaces from advertising, governmental and local lawmakers, and citizens—enlisted private and public legal means to respond to these questions. This analysis draws on an expansive interdisciplinary archive to trace them. As it shows, legal means were engaged in cultural demarcation or what Thomas Gieryn has aptly termed boundary work. In establishing cultural boundaries, law defined the terms on which advertising became an integral element of daily visual experience, at once omnipresent and derided. The legal history of advertising thus offers deep insights for visual legal studies.

Considerations for implementing criminal law for defendants exposed to COVID-19

This study discussed the scope of criminal law considerations for defendants exposed to the Coronavirus through legal studies and health literacy in Indonesia. This article also tries to understand the criminal sanctions carried out by defendants exposed to COVID-19 by examining the potential for criminal justice with considerations and consequences for the rights of citizens to obtain health protection. This study concludes that punishment for criminal acts related to criminal cases must be limited considering that prosecution and criminal sanctions can only be given as light as possible where the condition of the community does need help because of their right to obtain health insurance for the population as regulated in the Law on Health and Human Rights. With a set of rights inherent in the nature and existence of humans as creatures of God Almighty are His gifts that must be respected, upheld, and protected by the state. After reviewing several international and national publications active discussing criminal law and the control of COVID-19, we got all this data. We hope that all this qualitative data can be used for future studies related to health rights and criminal law.