scholarly journals Existence of Local Government toward the Implementation of Coaching and Legal Supervision for Franchisee Business

2018 ◽  
Vol 6 (1) ◽  
pp. 45-70
Author(s):  
Ika Atikah

AbstractThe growth of franchise business is so fast in Indonesia, involving many local businessmen and foreign businessmen who act as franchisor and franchiser. The development of the franchise business is greatly influenced by the protection of the law by the state. Currently, the legal protection of franchise business activities in Indonesia is regulated in Government Regulation no. 42 of 2007 concerning Franchise and Regulation of the Ministry of Trade of the Republic of Indonesia No. 57/M-DAG/PER/9/2014 concerning Franchise Operation. The role of local government to the local franchise and franchise business activities is very helpful to increase franchise activities to be advanced and as one source of local revenue. The importance of the attention of local governments in the issue of franchise business arrangement is a concrete manifestation of the spirit of regional autonomy. The implementation of regional autonomy focuses more on the role of regional level II (regency/city) as the spearhead of development. From that, coaching and legal supervision on franchise business is the most important part of the implementation of government regulations and trade minister regulations as a form of government concern to the uniqueness of franchise businesses that have distinctive characteristics of business in general.Keywords: Franchise, Local Government, Coaching, Supervision  Abstrak Pertumbuhan bisnis waralaba begitu pesat di Indonesia, melibatkan banyak pengusaha lokal dan pengusaha asing yang berperan sebagai pemberi waralaba dan penerima waralaba. Perkembangan bisnis waralaba sangat dipengaruhi perlindungan hukum oleh negara. Saat ini, perlindungan hukum terhadap kegiatan bisnis waralaba di Indonesia diatur dalam Peraturan Pemerintah No. 42 Tahun 2007 tentang Waralaba dan Peraturan Menteri Perdagangan Republik Indonesia No. 57/M-DAG/PER/9/2014 tentang Penyelenggaraan Waralaba. Peran pemerintah daerah terhadap kegiatan bisnis waralaba lokal dan waralaba asing sangat membantu meningkatkan kegiatan waralaba menjadi maju dan sebagai salah satu sumber pendapatan daerah. Pentingnya perhatian pemerintah daerah dalam masalah pengaturan bisnis waralaba adalah wujud nyata dari semangat otonomi daerah. Pelaksanaan otonomi daerah lebih berfokus pada peran daerah tingkat II (kabupaten/kota) sebagai ujung tombak pembangunan. Berangkat dari hal tersebut, pembinaan dan pengawasan hukum terhadap pelaku bisnis waralaba merupakan bagian terpenting dari pelaksanaan peraturan pemerintah dan peraturan menteri perdagangan sebagai bentuk kepedulian pemerintah terhadap keunikan usaha waralaba yang memiliki ciri khas berbeda dari bisnis pada umumnya.Kata Kunci : Waralaba, Pemerintah Daerah, Pembinaan, Pengawasan. DOI: 10.15408/jch.v6i1.8269

2020 ◽  
Vol 2 (2) ◽  
pp. 132-147
Author(s):  
Patartua H. Sitompul ◽  
Mirza Nasution ◽  
Dedi Harianto ◽  
Ridho Mubarak

The problems in this research are: First, how is legal protection, legal compliance and overcoming problems regarding the management of ports in the regions according to Law Number 23 of 2014 concerning Regional Government and its relation to Law Number 17 of 2008 concerning Shipping. The method used in this research is normative legal research, namely research that refers to legal norms and principles contained in statutory regulations and government regulations. The result of the research is that Law Number 17 of 2008 concerning Shipping contains articles that regulate ports which require further regulation in the form of a Government Regulation. The law establishes a system of port authority that will carry out a regulatory role, end state-owned monopoly control over port services, and require the development of national and regional port master plans. Legal protection in implementing regional autonomy is in accordance with the enactment of Law Number 23 of 2014 concerning Regional Government, legal protection for the implementation of various government affairs in the framework of serving the community and managing natural resources. The problems that have arisen in the management of ports in the regions so far are conflicts of use and power. It is hoped that the efforts to deal with these problems can be carried out reactively, meaning that local governments can carry out conflict resolution, mediation or deliberation in dealing with these problems.


2020 ◽  
Vol 3 (1) ◽  
pp. 12
Author(s):  
Kusumajanti Kusumajanti ◽  
Ni Putu Eka Widiastuti ◽  
Asep Kamaluddin

The aims of study to explore in depth: a. strategies and role of local government supports the formation of fishermen groups and group performance in enhancing the competitiveness of traditional fishermen; b. Strategies undertaken by local governments to improve competitiveness so as to realize the prosperity of traditional fishermen, c. group communication model between local government, traditional fishermen group, and partners  This study use qualitative research methods with a critical paradigm referring to the critical concepts of Marxist thought. The results showed that the government through the Ministry of Marine Affairs and Fisheries Republic of Indonesia has issued Government Regulation no. 50 Year 2015 on empowering small fishermen and small fish farmers. The Ministry of Marine Affairs and Fisheries has an agenda to improve the welfare of traditional fishermen and to optimize their potentials in groups, which are handed down to the provincial and district fisheries departments. Pandeglang District Government as the object of research through Fisheries Department has the authority to manage, utilize, and conserve marine and fishery resources for the welfare of Pandeglang community, especially fisherman community, cultivation, processing and marketing of fish, and to increase contribution for PAD (District Owned Revenue). Fisheries Department develop strategies for improving the welfare of traditional fishermen, among others, encourage the formation of fishermen cooperatives with legal status. Socialization of the use of fishing gear which is not prohibited by the government. This is because there are still many traditional fishermen in Pandeglang who use Cantrang that can threaten the sustainability of marine ecosystems. The local government through related offices has not been actively involved in providing assistance to traditional fishermen so that they have high competitiveness such as maintaining good quality fish quality, stable catch quantity, environment of fishery and marine areas that is maintained so as to ensure the sustainability of existence fish in the sea. The results of this study have implications on the preparation of roles and strategies of local governments in improving the competitiveness of traditional fishermen adapted to local elements so that traditional fishermen become prosperous.


MAZAHIB ◽  
2018 ◽  
Vol 17 (2) ◽  
Author(s):  
Achmad Irwan Hamzani ◽  
Siswanto Siswanto ◽  
Havis Aravik

The Law on the Conduct of Hajj Pilgrimage mandates the management of the Hajj pilgrimage is organized by the government. This management includes the coaching, service, and protection of the pilgrims from Indonesia, in Saudi Arabia, to returning to the homeland. This law also stipulates that the authority to conduct Hajj pilgrimage management is not only vested to the Ministry of Religious Affairs but also may involve the local government. This article aims to look at the role of local governments in providing service assistance and legal protection to the conduct of Hajj pilgrimage by means of regional regulations or bylaws. Using a normative approach, this article analyzes the extent to which the importance of bylaws in helping implement services for pilgrims. The results of this study confirm that there are 3 important arguments for why the local government must issue regional regulations to provide legal services and protection for pilgrims. First, philosophically, the pilgrimage journey does not depart from Jakarta only, but through the origin area which is still in the corridors of power of the local government. Second, sociologically, it is a form of the local government responsibility to the local people who perform the Hajj pilgrimage. Third, juridically, bylaws should regulate technical matters in order to provide optimal service in the conduct of the Hajj pilgrimage which is pursuant to the Law and regulations on Hajj pilgrimage in Indonesia.Keywords: legal protection, hajj pilgrims, regional regulation.AbstrakUndang-Undang penyelenggaraan ibadah haji mengamanatkan pengelolaan pelaksanaan ibadah haji yang meliputi pembinaan, pelayanan, dan perlindungan jamaah haji semenjak dari tanah air, di Arab Saudi, hingga kembali ke tanah air. Undang-undang ini juga memerintahkan kewenangan pelayanan masalah haji tidak hanya pada kementerian Agama, namun boleh melibatkan pemerintah daerah. Artikel ini bertujuan untuk melihat peran pemerintah daerah dalam memberikan bantuan layanan dan perlindungan hukum melalui peraturan daerah. Dengan menggunakan pendekatan normatif, artikel ini menganalisis sejauh mana pentingnya peraturan daerah menjadi peraturan di tingkat daerah dalam membantu melaksanakan pelayanan terhadap jamaah haji. Hasil dari artikel ini menegaskan bahwa terdapat 3 argumen penting mengapa Pemerintah Daerah harus mengeluarkan peraturan daerah guna memberikan pelayanan dan perlindungan hukum bagi jamaah haji. Pertama, secara filosofis perjalanan ibadah haji tidak berangkat dari Jakarta, tetapi melalui daerah asal yang masih dalam koridor pemerintah daerah. Kedua, Kedua, secara sosiologis sebagai bentuk tanggung jawab Pemerintah Daerah kepada masyarakat daerah yang menunaikan ibadah haji. Ketiga, secara yuridis PERDA mengatur secara teknis dalam rangka memberikan pelayanan yang optimal dalam penyelenggaran ibadah haji sesuai dengan Undang-Undang Republik Indonesia Nomor 13 Tahun 2008 tentang Penyelenggaraan Ibadah Haji dan Peraturan Pemerintah Republik Indonesia Nomor 79 Tahun 2012 tentang Pelaksnaan Undang-Undang Republik Indonesia Nomor 13 Tahun 2008 tentang Penyelenggaraan Ibadah Haji.Kata kunci: perlindungan hukum, ibadah haji, peraturan Daerah


2020 ◽  
Vol 5 (2) ◽  
Author(s):  
Faishal Fadli

The implementation of regional autonomy resulted in each region to be able to manage their finances independently. This is one way the central government toremove the dependency of local governments to the central government. Thusrequiring local governments to explore the sources of local revenue in order tofinance regional development. In an effort to increase local revenues derived from the PAD is determined by economic factors or economic potential which has the prospect to be developed for each area. The result indicates the role of the revenue (PAD) in the Regional Budget (APBD) of East Java Province indicates that there is still very small, with an average of 15.47% of the total revenue budget. This means that the level of dependence of local governments on the central government is still high. Although the results of regional revenue projections indicate that component has been great in their contribution of the reception area, which amounted to 69.52%. Using the ordinary least squre method, the result of regression correlation are insignificant. This means that the regional gross domestic product does not have an effect on revenue of East Java Province.


2017 ◽  
Vol 12 (2) ◽  
Author(s):  
Pongtuluran Andri Christian ◽  
Jullie J. Sondakh ◽  
Novi Budiarso

Regional development needs to be run or developed as an important effort to realize broad, real and responsible autonomy. Officially, Regional Autonomy is effective in Indonesia since January 1, 2001, so that regions are required to seek alternative sources of revenue that can be used to finance regional expenditures or expenditures. Since the enactment of Regional Autonomy, local governments are granted the right, authority and obligation to manage and manage their own affairs government and local communities within the system of the Unitary State of the Republic of Indonesia. Implementation of broad autonomy, real and responsible required the ability of regions to explore their own financial resources supported by the financial balance between the Central Government and Local Government.This study aims to determine the evaluation of the effectiveness, contribution and potential tax revenues to revenue native regency north minahasa. Data analysis used qualitative descriptive data. The results of this study the authors found that the effectiveness of income changed so as to the contribution and potential of hotel tax revenues. Based on this research, it can be concluded that the company needs to increase the effectiveness of contribution and the potential of tax revenue to increase local revenue. That way the authors can provide suggestions that the government continues to improve its performance so that the professionalism of work continues to improve and the level of effectiveness that has been good to continue to consistently increase.Keywords: evektifitas, contribution, potential tax revenue, local revenue


2019 ◽  
Vol 5 (1) ◽  
pp. 49
Author(s):  
M. Rendi Aridhayandi

As a staple food in Indonesia, the availability of rice are needed to continue until whenever. Because agriculture is still the source of livelihood of the majority of the workforce in Indonesia. Hence the presence of the government is necessary, governments can differentiate into central government and local governments. In UUD 1945 Pasal 18A ayat (1) mentions the relationship of authority between the central government and provincial government, counties, and cities, or between provinces and districts and cities, regulated by law with due regard to the specificity and diversity of the area. Regional autonomy is one manifestation of freedom for the regions to be involved in designing the activity of politics and government at the local level in order to strengthen the power of national government. Thus the role of local government is very important to the affairs of the availability of rice in the presence of local autonomy. The local government and regional autonomy can be free to design a territory in support of the central government towards food security.Undang-Undang No. 18 tahun 2012 tentang Pangan mentions the issue of food intended to achieve three things at once, namely food sovereignty, food self-sufficiency and food security. President Jokowi that: "Food security is distinct from food sovereignty. Food security is simply the availability of foodstuffs (logistics) in the warehouse and on the market irrespective of origin whether imported or locally produced. Food sovereignty means that we manufacture and market our own groceries, while surplus production is exported ". Here we can see that food sovereignty is significantly deeper than food security. thus, the optimization of local governments in order to achieve food sovereignty can be: 1. the agrarian reform (land protection by performing a spatial planning regulations); 2. the legal protection to farmers (by making regulations that aim the welfare of farmers); 3. the availability of seeds, fertilizers and tools supporting production; 4. Registering brands and geographical indications of agricultural products to the Directorate General of Intellectual Property Ministry of law and Human Rights Republic of Indonesia; 5. setting the price, product quality and market share of an agricultural product. Keywords: Food Security; Food Sovereignty; Rice; Regional Government.


Author(s):  
Jane Beckett-Camarata

The Albanian government has been decentralizing decision making. Central to decentralization is a system of intergovernmental revenue transfers, especially unconditional transfers. This study examines in what ways market conditions and policy options affect the central government and local government relationship. It analyzes unconditional intergovernmental revenue transfers between the central government and local governments to better understand Albanian fiscal decentralization. While the unconditional intergovernmental transfers during the time of this study were found to be stable, the fragmentation of local government units and the evolving role of the regions, could complicate decentralization. The lack of a clear path to local government debt and borrowing, coupled with the system of intergovernmental transfers, has resulted in few viable policy options for balancing local government budgets. A more diversified local revenue structure, coupled with the ability to borrow on the open market, could allow larger and better growth-enhancing public investments without additional budgetary pressures.


2017 ◽  
Vol 12 (2) ◽  
Author(s):  
. Prety ◽  
Hendrik Manossoh ◽  
Treesje Runtu

Local Taxes is one of the sources of Local Own Revenues (PAD) to finance regional development and operational implementation of local government, Populated will depend much on the local government due to regional autonomy. To that end Local Government must be as much as possible sources of Revenue Original Region. PAD is one of the indicators in the success of regional autonomy. The higher the PAD the higher the ability of local governments to finance their own needs. The purpose of this research is to know how big the benefit to the original income of Manado City and Bitung City during the last year that is year 2012-2016. The research method used is descriptive quantitative method. The results can be drawn back Manado City is superior in contributing from local taxes to the original income in the appeal of the city of Bitung. This is not wrong from the average contribution of total local taxes to PAD in Manado City amounted to 71.39%. Meanwhile, the PAD in Bitung City is only 42.32%.Keywords: contributions, local revenue, local taxes


2020 ◽  
Vol 15 (2) ◽  
Author(s):  
Antung Deddy Radiansyah

Gaps in biodiversity conservation management within the Conservation Area that are the responsibility of the central government and outside the Conservation Areas or as the Essential Ecosystems Area (EEA) which are the authority of the Regional Government, have caused various spatial conflicts between wildlife /wild plants and land management activities. Several obstacles faced by the Local Government to conduct its authority to manage (EEA), caused the number and area of EEA determined by the Local Government to be still low. At present only 703,000 ha are determined from the 67 million ha indicated by EEA. This study aims to overview biodiversity conservation policies by local governments and company perceptions in implementing conservation policies and formulate strategies for optimizing the role of Local Governments. From the results of this study, there has not been found any legal umbrella for the implementation of Law number 23/ 2014 related to the conservation of important ecosystems in the regions. This regulatory vacuum leaves the local government in a dilemma for continuing various conservation programs. By using a SWOT to the internal strategic environment and external stratetegic environment of the Environment and Forestry Service, Bengkulu Province , as well as using an analysis of company perceptions of the conservation policies regulatary , this study has been formulated a “survival strategy” through collaboration between the Central Government, Local Governments and the Private Sector to optimize the role of Local Government’s to establish EEA in the regions.Keywords: Management gaps, Essential Ecosystems Area (EEA), Conservation Areas, SWOT analysis and perception analysis


1985 ◽  
Vol 44 ◽  
pp. 1-4
Author(s):  
Robert H. Rittle

Some are born to computer literacy, while others have literacy thrust upon them! Students who comprise the next generation of political scientists and public administrators will, in many cases, fall into the latter category. This article concerns the role of university training programs in meeting the increasing demands for microcomputer skills.The January, 1984 issue of Public Administration Review included five articles concerning microcomputers in local government. These articles anticipate “major changes in the way local governments organize and the means by which they carry out operations,” as a result of microcomputer technology. Predicting a significant impact of microcomputers in local government, the International City Management Association has also published a major monograph on microcomputer use (Griesemer, 1984).


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