From Wealth to Power? The Failure of Layered Reforms in India's Defense Sector

2019 ◽  
Vol 4 (4) ◽  
pp. 560-578 ◽  
Author(s):  
Moritz Weiss
Keyword(s):  
Institutional Change ◽  
Path Dependence ◽  
Legal Protection ◽  
Rising Powers ◽  
Indian Government ◽  
Defense Procurement ◽  
Causal Pathway ◽  
Rule Changes ◽  
Military Strength ◽  
The Government

Abstract This article puts forward a historical institutionalist explanation of how rising powers translate increased wealth into military strength. It develops microfoundations for path dependence and applies them empirically as an approach to defense procurement. The Indian government layered market reforms onto a state-run defense sector. It aimed to exploit competition in its massive acquisition of combat fighter aircraft after 2007. Yet, despite formal rule changes and overwhelming material benefits, government reformers ultimately failed and returned to an intergovernmental purchase in 2015. I develop two mechanisms to explain this instance of failed institutional change in India. First, the reform's structural misfit created uncertainty, as some of the prerequisites for a market such as sound legal protection and private actors were absent. Second, the government reformers were reluctantly supported at the outset by a coalition of so-called opportunists, which neither fully embraced nor strongly opposed institutional reforms. When problems resulting from the misfit multiplied and promised benefits vanished, however, this coalition dissolved and layering failed. A process-tracing analysis and the triangulation of a diverse set of data substantiate this explanation. The article contributes to debates on institutional change as well as to those on rising powers and the constraints they face in their attempts to transform growing wealth into military strength. Most significantly, it specifies a causal pathway along which state institutions shape the defense policies of rising powers. Layered reforms may fail not only when faced by defenders of the status quo; opportunists may suffice to defeat them.

Practical Options for Reforming the Government-Organized, Public-Interest Foundation System: Perspectives from Institutional-Change and Path-Dependency Theories

2010 ◽  
Vol 2 (1) ◽  
pp. 53-70
Author(s):  
Chen Xiufeng ◽  
Li Li
Keyword(s):  
Institutional Change ◽  
Nonprofit Organizations ◽  
Public Interest ◽  
Path Dependence ◽  
Organizational Improvement ◽  
Social Transformations ◽  
Healthy Development ◽  
The Government ◽  
Systematic Response ◽  
Government Reforms

AbstractNonprofit organizations (NPOs) have developed vigorously amid China’s current social transformations and government reforms. Government-organized, public-interest foundations are a new and unique example among these NPOs. While their arrival has helped introduce NPOs’ social, public-interest characteristics to a broader segment of the public, this type of NPO is also largely a derivation of government system transformations. Viewed as a process of institutional change, we can see, in China’s reforms, characteristics of increasing returns and path dependence. Theories of institutional change and path dependence can therefore not only offer a systematic response to and analysis of public-interest foundations’ emergence and reforms; they can also offer helpful new directions for the healthy development and organizational improvement of China’s foundations.

HUKUM DAN TEKLOGI SUATU KAJIAN TEORITIS TERHADAP PENOMENA LAYANAN TRANSFORTASI ONLINE

2017 ◽  
Vol 6 (1) ◽  
pp. 20
Author(s):  
Aria Dimas Harapan
Keyword(s):  
Economic Growth ◽  
Theoretical Study ◽  
Legal Protection ◽  
Creative Economy ◽  
Legal Certainty ◽  
The People ◽  
The Government ◽  
The Times

ABSTRACTThe essence of this study describes the theoretical study of the phenomenon transfortation services online. Advances in technology have changed the habits of the people to use online transfortation In fact despite legal protection in the service based services transfortation technological sophistication has not been formed and it became warm conversation among jurists. This study uses normative juridical research. This study found that the first, the Government must accommodate transfotation online phenomenon in the form of rules that provide legal certainty; second, transfortation online as part of the demands of the times based on technology; third, transfortation online as part of the creative economy for economic growth . 

REGULATION URGENCY CONCERNING ADMINISTRATIVE SANCTION GUIDELINES IN SPACE ADMINISTRATION

2019 ◽  
Vol 6 (3) ◽  
Author(s):  
Rakhmat Bowo Suharto
Keyword(s):  
Sustainable Development ◽  
Welfare State ◽  
Spatial Planning ◽  
Legal Protection ◽  
Spatial Development ◽  
Administrative Sanction ◽  
The Government ◽  
The Welfare State

The spatial development can be supported by sustainable development, efforts are needed to divert space through the imposition of sanctions on administration in the spatial field. In the context of a legal state, sanctions must be taken while ensuring their legality in order to provide legal protection for citizens. The problem is, the construction of administrative regulations in Law No. 26 of 2007 and PP No. 15 of 2010 contains several weaknesses so that it is not enough to provide clear arrangements for administrative officials who impose sanctions. For this reason, an administration is required which requires administrative officials to request administrative approval in the spatial planning sector. The success of the regulation requires that it is the foundation of the welfare state principle which demands the government to activate people's welfare. 15 of 2010, the main things that need to be regulated therein should include (1) the mechanism of imposing sanctions: (2) determination of the type and burden of sanctions; and (3) legal protection and supervision by the region.

Legal Review of Medical Emergency that Happened after a Failed Abortion Attempt

2020 ◽  
Vol 4 (1) ◽  
pp. 63
Author(s):  
Elfan Winoto
Keyword(s):  
Legal Protection ◽  
Criminal Code ◽  
Professional Standards ◽  
Doctor Who ◽  
Legal Research ◽  
Criminal Offender ◽  
Standard Operating ◽  
Medical Emergencies ◽  
The Government ◽  
Legal Consequences

<p>Abortion is the fifth highest cause of maternal mortality. Legal abortions are called <em>abortus provocatus medicinalis</em> and those that are illegal are called <em>abortus provocatus criminalis</em>. Indonesian law prohibits abortion except indications of medical emergencies and the consequences of rape. This study aims to determine the legal consequences of someone who failed an abortion and the legal protection of the doctor who treated her.</p><p>This legal research uses a juridical normative with a conceptual and legislative approach.</p><p>The results of the perpetrators and those who helped the abortion that caused medical emergencies to be threatened with Criminal Code Article 53. They cannot be convicted if in accordance with professional standards and standard operating procedures.</p><p>The conclusion and suggestion are the doctor cannot be convicted as a criminal offender or as an assistant to an abortion crime if it can be proven that an abortion is carried out in emergency condition to save mother or fetus and prevent disability. The government needs to make laws that regulate who will carry out safe, qualitative and responsible abortions.</p><p> </p><p>Abortion is the fifth highest cause of maternal mortality. Legal abortions are called <em>abortus provocatus medicinalis</em> and those that are illegal are called <em>abortus provocatus criminalis</em>. Indonesian law prohibits abortion except indications of medical emergencies and the consequences of rape. This study aims to determine the legal consequences of someone who failed an abortion and the legal protection of the doctor who treated her.</p><p>This legal research uses a juridical normative with a conceptual and legislative approach.</p><p>The results of the perpetrators and those who helped the abortion that caused medical emergencies to be threatened with Criminal Code Article 53. They cannot be convicted if in accordance with professional standards and standard operating procedures.</p><p>The conclusion and suggestion are the doctor cannot be convicted as a criminal offender or as an assistant to an abortion crime if it can be proven that an abortion is carried out in emergency condition to save mother or fetus and prevent disability. The government needs to make laws that regulate who will carry out safe, qualitative and responsible abortions.</p>

Sedition in Liberal Democracies

2018 ◽  
Author(s):  
Anushka Singh
Keyword(s):  
Freedom Of Expression ◽  
Legal Protection ◽  
Community Based ◽  
Political Speech ◽  
Liberal Democracies ◽  
Indian Experience ◽  
Judicial Discourse ◽  
The Law ◽  
The Government ◽  
The Right

Liberal democracies claim to give constitutional and legal protection of varying degrees to the right to free speech of which political speech and the right to dissent are extensions. Within the right to freedom of expression, however, some category of speeches do not enjoy protection as they are believed to be ‘injurious’ to society. One such unprotected form of political speech is sedition which is criminalized for the repercussions it may have on the authority of the government and the state. The cases registered in India in recent months under the law against sedition show that the law in its wide and diverse deployment was used against agitators in a community-based pro-reservation movement, a group of university students for their alleged ‘anti-national’ statements, anti-liquor activists, to name a few. Set against its contemporary use, this book has used sedition as a lens to probe the fate of political speech in liberal democracies. The work is done in a comparative framework keeping the Indian experience as its focus, bringing in inferences from England, USA, and Australia to intervene and contribute to the debates on the concept of sedition within liberal democracies at large. On the basis of an analytical enquiry into the judicial discourse around sedition, the text of the sedition laws, their political uses, their quotidian existence, and their entanglement with the counter-terror legislations, the book theorizes upon the life of the law within liberal democracies.

Legislative Impact on Land Markets in Cities

2017 ◽  
Vol 8 (2) ◽  
pp. 201-213
Author(s):  
Abhay Pethe ◽  
Ramakrishna Nallathiga
Keyword(s):  
Urban Governance ◽  
Ground Level ◽  
Urban Land ◽  
Constitutional Amendment ◽  
Land Markets ◽  
Private Ownership ◽  
Indian Government ◽  
The Government ◽  
Indian Cities ◽  
Do So

Land has recently been looked upon as having substantial value in the Indian cities, especially in Mumbai. However, the allocation of land is a contested area with conflicting views and experiences. Governments intervene in land allocation through legislations for achieving equity but they do so without understanding the institutional structure and changing political, social and economic order. The Urban Land (Ceiling and Regulation) Act (ULCRA) is a piece of legislation through which Indian government made an attempt to redistribute urban land by limiting private ownership of it and confiscating the surplus. A critical review of its performance in India points to the difficulty of achieving such lofty goals in the complex real world, wherein different players actively use a variety of tactics to protect their interest, and also negotiate the outcome in the event of its repeal. The weak institutional capacity of the government and the changing governance framework render the outcomes detrimental. The experience of Mumbai city presented further points to the fact that the multiple actors thus have evolved their strategies to protect their interests through lobbying, corruption and legal wrangling. The experience of ULCRA, therefore, points to ground-level impediments to implementation of law and varied responses of the actors so as to preserve (or, even enhance) their particular interests. ULCRA also went against the decentralization of urban governance that began after the 74th Constitutional Amendment Act.

Pelaksanaan Pencatatan Blokir Sertipikat Hak Atas Tanah (Studi di Kantor Pertanahan Kabupaten Sleman dan Bantul)

Tunas Agraria ◽  
2019 ◽  
Vol 2 (2) ◽  
pp. 117-135
Author(s):  
Anisa Sekarsari ◽  
Haryo Budhiawan ◽  
Akur Nurasa
Keyword(s):  
Legal Protection ◽  
Land Rights ◽  
Legal Certainty ◽  
Land Registration ◽  
Land Dispute ◽  
Time Period ◽  
Recording Process ◽  
Potential Loss ◽  
The Government

Abstract: In order to give the assurance of legal certainty, certainty of rights and legal protection to holders and owners of land rights, the land registration shall be carried out. However, there is still a land dispute which now become a homework for The Government. This is because the certificate which should be a strong evidentiary can not guaranteed the legal certainty for the owner, so the person who right the land can blocking the certificate of land rights at Land Office. The issuance of Regulation Minister of Agrarian Affairs and Spatial / Head of National Land Office Number 13 Year of 2017 concerning the Procedures of Block and Sita which expected to create uniformity, standardization in recording process and abolition of registration blocked, it turns out not all the rules can be implemented at The Land Office of Sleman and Bantul Regency.The result of this research shows that blocking certificate process at Sleman Land Office and Bantul Land Office have a policy that the applicant is required to pay the blocking recording fee after the blocking received. Makes a potential loss to the (PNBP) which should be owned by Land Office for faced the problem of KKPweb application which have not been able to accomodate the time period of blocking. Keywords : blocking certificate, blocking, registration blocked Intisari: Dalam rangka memberikan jaminan kepastian hukum dan kepastian hak serta perlindungan hukum kepada pemegang dan pemilik hak atas tanah, maka dilaksanakan pendaftaran tanah. Namun demikian, masih saja terjadi sengketa pertanahan yang saat ini menjadi pekerjaan rumah bagi Pemerintah. Hal ini disebabkan karena, sertipikat sebagai alat pembuktian yang kuat ternyata belum menjamin kepastian hukum pemiliknya sehingga pihak yang merasa berhak atas tanah tersebut dapat melakukan blokir sertipikat hak atas tanah di Kantor Pertanahan. Dikeluarkannya Permen ATR/Kepala Nomor 13 Tahun 2017 tentang Tata Cara Blokir dan Sita yang diharapkan bertujuan untuk mewujudkan keseragaman, standarisasi dalam pelaksanaan pencatatan dan penghapusan catatan blokir ternyata tidak semua peraturan tersebut dapat dilaksanakan di Kantor Pertanahan Kabupaten Sleman dan Bantul. Hasil penelitian menunjukan bahwa pelaksanaan pencatatan blokir di kantor pertanahan Kabupaten Sleman dan Kabupaten Bantul terdapat kebijakan yaitu pemohon diwajibkan membayar biaya pencatatan blokir setelah blokirnya diterima membuat potensial loss terhadap (PNBP) yang seharusnya didapat kantor pertanahan untuk kendala yang dihadapi yaitu Aplikasi KKPweb yang belum dapat mengakomodir jangka waktu blokir. Kata Kunci: blokir sertipikat, pemblokiran, pencatatan blokir

scholarly journals DIMENSION OF WHISTLEBLOWING SYSTEM: URGENSITY OF LEGISLATION STRENGTHENING

2019 ◽  
Vol 8 (3) ◽  
pp. 371
Author(s):  
Bobby Briando ◽  
Sri Kuncoro Bawono ◽  
Tony Mirwanto
Keyword(s):  
Supreme Court ◽  
Good Governance ◽  
Legal Protection ◽  
Three Dimensions ◽  
Circular Letter ◽  
Victim Protection ◽  
The Government

Eradication of corruption in Indonesia is still the main agenda of the government in building good governance. One method to expose corruption is to use a whistleblower role that can help find the criminal mode of corruption. Whistleblower mechanism is divided into three main dimensions: Human, Structure and Process. But in practice whistleblower reporters in corruption cases in Indonesia have not received maximum legal protection. In Indonesia the normative regulation governing pursuant to Law No.13 of 2006 concerning Witness and Victim Protection as well as Supreme Court Circular Letter (SEMA) No.4 Year 2011 on Treatment of Criminal Reporting and Witness of Actors Cooperation The results show that from three dimensions of whistleblower system still does not yet have binding legislation. Whistleblower reporters only accept lightening relief. Specific whistleblower legislation is urgent. In legislation, at least, it should be in accordance with Whistleblower's protection.

scholarly journals PERLINDUNGAN HUKUM HAK CIPTA TERHADAP LOGO INSTANSI PEMERINTAH DIHUBUNGKAN DENGAN PRINSIP ALTER EGO

2020 ◽  
Vol 2 (1) ◽  
pp. 95-114
Author(s):  
Mahadiena Fatmashara ◽  
Muhamad Amirulloh ◽  
Laina Rafianti
Keyword(s):  
Legal Protection ◽  
Secondary Data ◽  
Moral Rights ◽  
The Other ◽  
Government Agencies ◽  
Economic Rights ◽  
Natural Right ◽  
Commercial Activities ◽  
The Government ◽  
Alter Ego

ABSTRAKSalah satu instansi pemerintah di Jawa Barat, menggunakan logo yang diciptakan oleh pegawai dari instansi tersebut. Pembuatan logo tidak diperjanjikan khusus, sehingga pencipta tidak mendapatkan royalti (materiil dan ekonomi). Hal tersebut menarik untuk dikaji mengenai Implementasi Prinsip Alter ego yang berkaitan pada hak cipta seseorang yang mengakui pencipta sebagai pemilik hak tertinggi. Pencipta memiliki hak alamiah untuk memanfaatkan ciptaannya dan mempertahankan ciptaannya terhadap gangguan apapun dari pihak lain. Metode penelitian yang digunakan dalam penulisan ini bersifat deskriptif analitis guna memperoleh gambaran peraturan perundang-undangan yang berlaku dikaitkan dengan teori-teori hukum dan praktek pelaksanaan hukum positif. Pendekatan yang digunakan dalam penelitian ini adalah yuridis normatif, dengan cara meneliti bahan pustaka yang disebut data sekunder yang terdiri dari bahan hukum primer, literatur-literatur, artikel-artikel, pendapat dan ajaran para ahli serta implementasinya dalam praktek. Apabila dilihat pada Pasal 35 ayat (1) dan (2) Undang-Undang Nomor 28 Tahun 2014 tentang Hak Cipta tidak terpenuhi. Meskipun instansi pemerintah tidak bertujuan untuk kegiatan komersial. Namun hak moral dan hak ekonomi hakikatnya wajib dilaksanakan sesuai dengan prinsip perlindungan Hak Kekayaan Intelektual. Perlindungan Hukum terhadap pencipta atas logo tetap harus diakui. Kata kunci: alter ego; hak cipta; hak moral; logo; instansi pemerintah. ABSTRACTOne of the government agencies in West Java, using a logo created by employees of the agency. Logo creation is not specifically promised, so creators do not get royalties (material and economic). It is interesting to review the Implementation of Alter ego Principles relating to the copyright of a person who recognizes the creator as the owner of the highest right. The Creator has the natural right to utilize his creation and defend his creation against any interference from the other party.The research methods used in this writing are analytically descriptive to obtain an overview of the prevailing laws and regulations associated with legal theories and the practice of implementing positive laws. The approach used in this study is normative juridical, by examining library materials called secondary data consisting of primary legal materials, literature, articles, opinions, and teachings of experts and their implementation in practice.If viewed in Article 35 paragraph (1) and (2) of Law No. 28 of 2014 on Copyright is not fulfilled. Although government agencies do not aim for commercial activities. But moral rights and economic rights must essentially be implemented in accordance with the principles of intellectual property protection. Legal protection of creators over logos must still be recognized.Keywords: alter ego; copyright; government agencies; logo; moral rights.

scholarly journals Issue to the Legal Protection of the Use of the State Budget to Handling Covid-19

2021 ◽  
Vol 4 (1) ◽  
pp. 1168-1177
Author(s):  
Soesi Idayanti
Keyword(s):  
Legal Protection ◽  
The State ◽  
Government Policies ◽  
Economic Sectors ◽  
Financial Policies ◽  
State Budget ◽  
Government Grants ◽  
The Government ◽  
Precarious Situation

The Covid-19 pandemic, which impacted the health, social, and economic sectors as a non-natural disaster, led the President to make efforts to handle it with state financial policies by stipulating Perpu Number 1 of 2020. Budget misuse during the Covid-19 pandemic should be punishable by the death penalty because carried out when the state is facing a precarious situation; however, in Perpu No.1/2020, the Government grants immunity rights state budget managers. This legal immunity needs to be studied as a standard-issue regarding the state budget to overcome the Covid-19 pandemic. This study aims to examine the pandemic's impact on state finances and how Government policies are in dealing with the Covid-19 pandemic. This study used a normative juridical approach with data obtained from the literature, and the results were analyzed qualitatively. The results showed that the Covid-19 pandemic resulted in the Government changing the output of the use of the state budget aimed at dealing with the pandemic and restoring the country's economic condition due to the pandemic; the legal solution is to stipulate Perpu Number 1 of 2020, which was then approved by the DPR and became Law Number 2 2020. At the technical, operational level, the Government has also issued various policy regulations as a follow-up to Law Number 2 of 2020, which is used as an effort to deal with precarious situations as a result of the Covid-19 pandemic, such as fiscal policy stimulus, taxes, social assistance, and policies. Adjustment of regional finances. The problem that was considered urgent due to the Covid-19 pandemic led the Government to stimulate immunity in Law Number 2 of 2020. However, this immunity is given following the principle of good faith for users of state finances

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