Lessons Learned from the Implementation of Islamic Shari'ah Criminal Law in Aceh, Indonesia

2008 ◽  
Vol 24 (1) ◽  
pp. 143-176
Author(s):  
Hasnil Basri Siregar

In Indonesia, law reform is one of the important mandates of the national reform agenda, including the restructuring of various legal and political institutions at all levels of government, the regulatory implementation of the 1945 Constitution at the village level, and the ideological renewal necessary to make these changes real in Indonesian society. The policy direction of the People's Consultative Council (MPR) has changed from domination by the central authority toward freedom, autonomy and local government empowerment. Laws that were once imposed from the top now reflect power-sharing with local governments. In particular, the government has granted special (and virtually unlimited) autonomy to the province of Nangroe Aceh Darussalam (NAD, also known as Aceh). This article will explore how that autonomy has been influenced by a more robust adoption of Shari'ah law in Aceh.When the New Order rule fell on May 21, 1998, Indonesia moved from a centralized power to democratization, a process of legal development “from, by and for the people” through a decentralized system. The promulgation of Law 22 (1998) providing for local autonomy (which was amended in 2004 by Law 32) and Law 25 on the respective financial authority of the central and local governments is concrete evidence that decentralization is real in Indonesia.

2017 ◽  
Vol 43 (2) ◽  
pp. 67-78
Author(s):  
Bintang Rizki Sakinah ◽  
Faria Ruhana ◽  
Yanuar Kartika Sari

The terms of the establishment of a country is the people, regions, sovereign governments (constitutive), and recognition from other countries (declarative). Government is the organization that has the power to make and apply the law as well as legislation in certain areas for all of the people who are in the territory of the country. To run the government in the territory of the Republic of Indonesia, then Indonesia adheres to a decentralized system that gives the authority to manage their own regions based on Act No. 23 of 2014 about Local Governance. Implementation of local governance that are the pillars of the Indonesian state has been duly carried out in a transparent manner, which means openness in information is needed. One of the local governments that implement transparency in providing information to the public (community) is Bojonegoro Regency, East Java Province that achievements in the international arena by implementing the Open Government Pilot Project. The program of this movement aims to promote and strengthen the management of the bureaucracy at the district/city that is open, participatory, innovative, and responsive. Forms of transparency that is the main event routine interactive dialogue held on Friday since 2008. In the event, the people freely express their aspirations, criticism, and suggestions. In addition to the pubic Aspiration System Integration (SIAP) has also been implemented since July 2014, and also Bojonegoro Regency have opportunity through information and communication channels via SMS, BBM, Twitter, WhatsApps, radio, social media and other means of communication and information. It aims to secure concrete commitments and governments to promote transparency, empower citizens, fight corruption, and harness new technologies to strengthen governance. It was done only to improve the welfare of society Bojonegoro.Keywords: Government of Bojonegoro, Pilot Project Open Government, Society, Welfare


2017 ◽  
Vol 1 (1) ◽  
pp. 1-5
Author(s):  
Nuah Perdamenta Tarigan ◽  
Christian Siregar ◽  
Simon Mangatur Tampubolon

Justice that has not existed and is apparent among the disabilities in Indonesia is very large and spread in the archipelago is very large, making the issue of equality is a very important thing especially with the publication of the Disability Act No. 8 of 2016 at the beginning of that year. Only a few provinces that understand properly and well on open and potential issues and issues will affect other areas including the increasingly growing number of elderly people in Indonesia due to the increasing welfare of the people. The government of DKI Jakarta, including the most concerned with disability, from the beginning has set a bold step to defend things related to disability, including local governments in Solo, Bali, Makassar and several other areas. Leprosy belonging to the disability community has a very tough marginalization, the disability that arises from leprosy quite a lot, reaches ten percent more and covers the poor areas of Indonesia, such as Nusa Tenggara Timur, Papua, South Sulawesi Provinces and even East Java and West Java and Central Java Provinces. If we compare again with the ASEAN countries we also do not miss the moment in ratifying the CRPD (Convention of Rights for People with Disability) into the Law of Disability No. 8 of 2016 which, although already published but still get rejections in some sections because do not provide proper empowerment and rights equality. The struggle is long and must be continued to build equal rights in all areas, not only health and welfare but also in the right of the right to receive continuous inclusive education.


2020 ◽  
Vol 12 (1) ◽  
pp. 87-99
Author(s):  
Munandzirul Amin

Democracy provides a place for us to learn to live with the enemy because only democracy allows tension and paradox, which comes from freedom, to occur in society. In contrast to the New Order era, we can now enjoy freedom of opinion and association. This freedom can in turn produce tension. The relationship between elements of society with one another, or the relationship between the state and elements of society, can be tense because of differences in interests in regulating social and political order. Meanwhile, Indonesian society witnessed the paradox which also originated from freedom. This, for example, is shown by the emergence of intolerant groups such as the Islamic Defenders Front (FPI) and Hizb ut-Tahrir Indonesia (HTI). Even organizations such as HTI are of the view that democracy is not in accordance with the teachings of Islam in terms of sovereignty in the hands of the people, what should determine that is the preogrative right of Allah SWT. The government in the view of HTI only implements sharia and determines administrative technical issues.


Author(s):  
Marco Bünte

Myanmar has had one of the longest ruling military regimes in the world. Ruling directly or indirectly for more than five decades, Myanmar’s armed forces have been able to permeate the country’s main political institutions, its economy, and its society. Myanmar is a highly revealing case study for examining the trajectory of civil–military relations over the past seven decades. Myanmar ended direct military rule only in 2011 after the military had become the most powerful institution in society, weakened the political party opposition severely, coopted several ethnic armed groups, and built up a business empire that allowed it to remain financially independent. The new tutelary regime—established in 2011 after proclaiming a roadmap to “discipline flourishing democracy” in 2003, promulgating a new constitution in 2008, and holding (heavily scripted) elections in 2010—allowed a degree of power-sharing between elected civilian politicians and the military for a decade. Although policymaking in economic, financial, and social arenas was transferred to the elected government, the military remained in firm control of external and internal security and continued to be completely autonomous in the management of its own affairs. As a veto power, the military was also able to protect its prerogatives from a position of strength. Despite this dominant position in the government, civil–military relations were hostile and led to a coup in February 2021. The military felt increasingly threatened and humiliated as civilians destroyed the guardrails it had put in place to protect its core interests within the tutelary regime. The military also felt increasingly alienated as the party the military had established repeatedly failed to perform in the elections.


Author(s):  
Naomi Lesbatta ◽  
Widhi Handayani ◽  
Pamerdi Giri Wiloso

Buru Regency is one of the rice suppliers in Maluku Province.The achievements of Buru Regency as Maluku rice supplier cannot be separated from its history as a place for people who were exiled in 1969. The presence of these former people has an influence on social change in Buru Island. Located in Waeapo district, Buru regency, this qualitative research was conducted to explain social change in Waeapo, Buru by the former exiles. The results showed that before the former exiles arrived at Buru Island, the Waeapo was dominated by forests, where the local people practiced swidden agriculture. The presence of former exiles in 1969 changed the landscape of Buru from forest to paddyfields by means of forced labor. The forced labor and introduction of new agricultural system are patterns inherited from the colonial government. Nevertheless, in Buru, the harvest was consumed by the exiles instead of handed over to the government as a custom enforced by the colonials. The change in land use eventually changed the shifting cultivation system to permanent agriculture with the lowland rice farming system which is commonly practiced in Java. Ex-exiles were the people used by the New Order government to carry out development in remote areas in the 1969-1979 era until the change of Buru’s landscape, source of staple food, and cultural diversity exist in Waeapo..


Author(s):  
Nico Steytler

This chapter argues that democratic local government embeds the culture of democracy at grassroots: as the government closest to the people, it establishes a culture of responsiveness, transparency, and accountability more readily and effectively than by holding national leaders to account. Local democracy can also be used strategically when a country seeks to move from an authoritarian or military regime to democracy. Furthermore, it provides space for political inclusivity—an argument with particular relevance in ethnically diverse societies, where a winner-takes-all paradigm of competition at the national level typically results in the marginalization of geographically concentrated losers. Finally, local government allows for experimentation in different forms of inclusive politics, be they representative or participatory. However, although most African countries have adopted decentralization policies, the dividends are meagre. Local government is but feebly equipped to play a democracy-constituting role: operating in a constrained constitutional environment, central governments have generally not allowed local governments the opportunity to hold regular free and fair elections and thereby play a role in democratization. Despite these findings, there is also some evidence that on occasion local democracy has indeed played such a role and thus enhanced democratic participation.


2018 ◽  
Vol 3 (1) ◽  
pp. 115-129
Author(s):  
Ahmad Ubaidillah

The Indonesian nation, which has undergone its independence for more than 70 years, experienced two major changes, namely in 1966 and 1998. 1966 gave birth to the New Order. The New Order period which lasted 32 years with a full orientation to pursue economic growth which was supported by security stability which killed democratic values. We have also gone through the reform era that was rolled out in 1998 which later gave birth to the state order as we feel today. During the 20 years or so of reformation, Indonesia's condition can be said to be more democratic even though it is still procedural which is marked by an election celebration party and post-conflict local election. However, economic orientation and development have almost no fundamental correction, no significant changes. The strategic economic policies taken by the government have not been in favor of the people. Potential economic resources are still held hostage by the interests of foreign countries. Both in the banking sector, insurance, capital markets, state-owned enterprises (BUMN), oil and gas mining and other economic sectors. The government only relies on the amount of economic growth, which does not contribute much to the real economy of the people. As a result, poverty and unemployment rates have not been significantly reduced. The quality of life of the people becomes low. In this paper, the author tries to study the economic growth which is always glorified by the ruling regime in the perspective of Islamic political economy. However, economic policies are inseparable from government political interference. Therefore, questions such as how is the political economy of Islam in view of economic growth amid the high poverty rate of the Indonesian people? Then what is the solution that Islamic political economy can provide in overcoming policies that are deemed not to benefit the people? From the discussion, the writer can provide some things that according to the authors are important to conclude. Islamic political economy is only one area of ​​science that will be built based on the tauhid paradigm. Basically, all existing science needs to be built within the framework of the monotheistic paradigm. The emergence and development of Islamic civilization for more than a thousand years is always based on the Tawhid paradigm. At that time, all science was built on the basis of monotheism. The problem of economic development can be solved by tauhid paradigm.


2021 ◽  
Vol 3 (1) ◽  
pp. 112-125
Author(s):  
Abasilim Angela Nneka ◽  
Okhankhuele Omonigho Tonia

Background: The work is anchored on community development theory and decentralization process which emphasize both a holistic approach to development and transfer of power, functions, competencies, and means from the central government to the regional and local governments at the grassroots.Objective: The study assessed the Anambra State Government’s Grassroots Development Scheme for economic empowerment of community dwellers, in all the local governments of Anambra state, in Southeastern Nigeria. This was with the view to determine the extent of involvement of all the communities in the Government’s Grassroots Development Scheme and the commitment of the people to the purpose for which the development scheme was initiated. Method: The primary source of data was used for the study. The population was made up of all the indigenes of Anambra State. The total number of respondents selected for the study is 975. Data collected were analyzed using descriptive and inferential statistics.Result: The result showed that all the communities were involved in the grassroots development scheme of the Government of Anambra state (χ2=698.211, df =4, p=0.00). The research findings also showed that the communities were committed to the purpose for which the grassroots scheme was initiated (r=0.747, p=0.00). Conclusion: The study, therefore, concludes that all the communities in Anambra State were included in the grassroots development scheme of Anambra State and that the people of Anambra State were committed to the scheme as they embarked on and completed different development projects in the state


2021 ◽  
Vol 10 (2) ◽  
pp. 240-248
Author(s):  
. Karomani ◽  
. Mahpul ◽  
M. Iwan Satriawan

The COVID-19 pandemic has had a serious impact on various aspects of Indonesia, especially the economy. The government has made countermeasures by issuing various policies and social programs. However, the implementation of policies is not necessarily followed by the attitude of the people who are not disciplined and indifferent. The role of higher education is very much needed to provide guidance with a humanist approach. Therefore, it is necessary to have a synergy of good cooperation between local governments and universities in facing obstacles in overcoming the COVID-19 pandemic. The research aims to analyze how the synergy between the government and universities is in overcoming the COVID-19 pandemic cases in the community. The research was conducted with a qualitative approach. The data were obtained through literature review and interviews with the Provincial Government of Lampung and the University of Lampung. The results of the study show that the synergy between the government and universities is good. This is shown by interaction and mutual support. Where the government acts as a policy maker and facilitator, while universities act as a support for implementation through community service programs.


2021 ◽  
Author(s):  
Jigjidsuren, Altantuya ◽  
Oyun Bayar ◽  
Habib Najibullah

Before the 1990s, Mongolia had a health care system that largely depended on hospital-based services. The country’s hospital sector was characterized by the extensive use of an excessive number of acute beds, a large number of medically unjustified admissions, and lengthy hospital stays. In the early 1990s, the Government of Mongolia started socioeconomic reforms as part of the transition to a market economy. It requested the Asian Development Bank (ADB) to support health sector reforms in the country. This paper describes the hospital sector in Mongolia along with the reforms and results achieved, challenges that remain, and ongoing and future directions for ADB support to better respond to the needs of the people.


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