scholarly journals Fatwa On Waqf: Specialized Analysis In Hand Over Of Waqf Lands by State Authority

2015 ◽  
Vol 1 (2) ◽  
pp. 47-58
Author(s):  
Mohd Afandi Bin Mat Rani
Keyword(s):  
The State ◽  
Land Acquisition ◽  
Islamic State ◽  
State Council ◽  
Muslim Community ◽  
State Authority ◽  
The Law ◽  
The Government

This paper tries to analyze the fatwa regarding issues of hand over of waqf lands to the State Authorities which have been going on since the year 1951 to 2006. Though it may only focus on several states in Malaysia, such revelations can act as strong exemplary of the current and overall fatwa that has been issued by the authorized party. This is due to the idea that the approaches and development of fatwa are very much similar to each other. However, fatwa regarding the law of hand over of waqf lands by the government are rarely discussed and are often decided by the State Fatwa Committee as well as the National Fatwa Committee. Despite the hand over as an intention for country’s development, the procedures in dealing with this issue are not correctly applied as approved by the Mufti nor is it referred to Islamic State Council or ‘Majlis Agama Islam Negeri’ (MAIN), including the waqf lands entrusted to the Muslim community. This could be the effect of Land Acquisition Act 1960 which stood out more than its counterpart; MAIN, though the latter being the only authorized endowment trustee in Malaysia. This paper addresses various issues on constraints of waqf procedures and suggestions in improving its effectiveness.

scholarly journals Studi Kasus Pembebasan Tanah dalam Proyek Normalisasi Waduk Pluit Ditinjau dari Perspektif Hukum Agraria

Humaniora ◽  
2014 ◽  
Vol 5 (2) ◽  
pp. 1168
Author(s):  
Iwan Irawan
Keyword(s):  
Public Interest ◽  
Conflict Of Interest ◽  
Conflicts Of Interest ◽  
Land Rights ◽  
The State ◽  
Land Acquisition ◽  
Infrastructure Development ◽  
The Law ◽  
The Government ◽  
Reservoir Project

Construction always rises to polemics and conflicts of interest between landowners and the state guarantees the rights of ownership over the land. The government is trying to bridge the existing conflict of interest with the aim to achieve the infrastructure development by issuing regulations on land acquisition for public purposes. Conceptually, accommodation on the two interests has actually existed since 1960 when the Law of Principal Agrarian was formed. This paper aims to clarify that the provision of land for public purposes associated with the release/revocation of land rights and the rights of control by the state in Pluit Reservoir project normalization does not violate the Law and Human Rights. It is appropriate for the primary purpose of the Law of Pricipal Agrarian, which is for public interest and for the welfare of the whole society. 

TANGGUNGJAWAB REKTOR SEBAGAI KPA DALAM PENGELOLAAN KEUANGAN PERGURUAN TINGGI NEGERI YANG MENYELENGGARAKAN PENGELOLAAN KEUANGAN BADAN LAYANAN UMUM (PTN PK-BLU)

2018 ◽  
Vol 2 (3) ◽  
pp. 427
Author(s):  
Dewi Kania Sugiharti ◽  
Muhammad Ziaurahman ◽  
Sechabudin Sechabudin
Keyword(s):  
Public Service ◽  
The State ◽  
Service Agency ◽  
State Budget ◽  
Procurement Process ◽  
The Law ◽  
The Government

Universities that apply the concept of Public Service Agency (BLU - PK PTN ) in performing functions as an organ which is engaged in the service infrastructure support through goods or services . As an institution under the auspices of the government and the state budget receives PTN PK - BLU implement mechanisms to acquire goods or services in accordance with the law. However, the procurement process in obtaining goods or services sometimes poses problems that arise as a consequence of the passage of the procurement of goods or services involving the organs in it as PA / KPA , KDP , ULP , and Committee / Receiver Procurement Officer. Rector of the KPA in PK - BLU PTN has the authority to control the organs that carry out the process of procurement of goods / services in the environment . Errors in the procurement process of goods / services performed by the CO and the ULP / Procurement Officer causing state losses due to these errors, either due to negligence or unlawful acts. As the KPA in the process of procurement of goods / services Rector can control the organs in accordance with the authority given. The consequences are acceptable if the authorities ultimately the procurement of goods / services did not heed the warning Rector officials related procurement process of goods / services will receive sanctions. Keywords: Authorized Budget, Financial State.

Un anacronismo preconstitucional que requiere ser adaptado al bloque de constitucionalidad: el Convenio sobre la pesca en el Bidasoa y en la Bahía de Higuer, de 14 de julio de 1959

2016 ◽  
pp. 261-300
Author(s):  
Carlos FERNÁNDEZ DE CASADEVANTE ROMANÍ
Keyword(s):  
International Agreements ◽  
The State ◽  
Autonomous Community ◽  
Current Block ◽  
The Law ◽  
The Government ◽  
Set Up

LABURPENA: Lan honek Bidasoan eta Higerreko badian arrantzatzeari buruzko 1959ko uztailaren 14ko Espainiaren eta Frantziaren arteko hitzarmenaren konstituzio-kontrakotasuna aztertzen du, Espainiari dagokionez. Hitzarmen horrek, hain zuzen ere, espazio horietako ibai-arrantza, itsaski-bilketa eta akuikultura arautzen ditu, bai eta horietan egindako arau-hausteen ikuskapena eta zehapena ere, eta konstituzioa onartu eta ia berrogei urtera, ez du zuzenketarik izan araudi berrira egokitzeko. Hau da, alor horietan eta ur horietan Euskal Autonomia Erkidegoak duen eskumen esklusibora egokitu gabe dago oraindik. Arazo hori konpontzeko, bi aukera proposatzen dira: Euskal Autonomia Erkidegoaren organo eskudunek konstituzio-kontrakotasuneko errekurtsoa jartzea, edo Estatuko Gobernuari Hitzarmena eguneratzeko eskatzea, hitzarmenei eta nazioarteko beste akordio batzuei buruzko azaroaren 27ko 25/2014 Legearen 49., 50. eta 51. artikuluetan xedatutako prozedurak erabiliz. Izan ere, prozedura horietan autonomien parte-hartzea aurreikusten da. RESUMEN: El trabajo aborda la inconstitucionalidad, en lo que a España se refiere, del Convenio hispano-francés de 14 de julio de 1959, relativo a la pesca en el Bidasoa y Bahía de Higuer; tratado que regula la pesca fluvial, el marisqueo y la acuicultura en esos espacios, así como la inspección y sanción de las infracciones al mismo, pero que casi cuarenta años después del vigente bloque de constitucionalidad no ha sido enmendado para adaptarlo al mismo. Esto es, a la competencia exclusiva de la Comunidad Autónoma Vasca en esas materias y en esas aguas. Para corregir esta anomalía se propone que los órganos competentes de la Comunidad Autónoma Vasca soliciten al Gobierno del Estado la enmienda del Convenio en el marco de los procedimientos instaurados por los arts. 49, 50 y 51 de la Ley 25/2014, de 27 de noviembre, de Tratados y otros acuerdos internacionales; procedimientos que contemplan la participación autonómica. ABSTRACT: The article deals with the unconstitutionality, as far as Spain is concerned, of the Spanish-French Convention of July 14, 1959, concerning fishing in the Bidasoa and Higuer Bay; treaty ruling river fishing, shellfish and aquaculture in these waters as well as inspection and punishment of violations of it. Nevertheless, nearly forty years after the current block of constitutionality it has not been adapted to it; this is the exclusive competence of the Basque Autonomous Community in these areas and in those waters. To correct this anomaly the request by the competent bodies of the Basque Autonomous Community for the amendment of the Convention to the Government of the State in the framework of the procedures set up buy articles 49, 50 and 51 of the Law 27/2014, of 27 November, of treaties and other international agreements; procedures including regional participation, is proposed.

scholarly journals PEMBEBASAN UTANG PAJAK DALAM RANGKA PENGAMPUNAN PAJAK

2018 ◽  
Vol 4 (2) ◽  
pp. 141-152
Author(s):  
Dwi Widia Astuti
Keyword(s):  
Debt Relief ◽  
The State ◽  
Legal Research ◽  
Conceptual Approach ◽  
Tax Amnesty ◽  
The Law ◽  
The Government ◽  
State Expenditures

The role of taxes is very important in the state finances. Taxes become necessary in financing the expenditures of the state, especially the routine state expenditures. However, not infrequently there are taxpayer actions that cause in State losses. The condition is realized by the government so that the government issued Law Number 11 Year 2016 on Tax Amnesty. However, with the issuance of the Tax Forgiveness Law, it has resulted in various views in the community because for some obedient taxpayers, it is assumed that taxpayers are granted the convenience of their mistakes. So that does not reflect justice as one of the objectives of the law. Based on the issue, the authors will conduct further research on the legality of tax debt relief in the framework of tax forgiveness and the urgency of determining the tax forgiveness rule. This study is qualified as a normative juridical legal research with a type of legal research doctrinal using a statutory approach, and a conceptual approach. From this research, it is expected that the writer can analyze related to the legality of tax debt relief in the framework of tax forgiveness and the urgency of determining tax forgiveness rule.

scholarly journals Pembaruan Hukum Pencatatan Perkawinan di Indonesia Perspektif Maqasid Shari'ah

2013 ◽  
Vol 13 (2) ◽  
pp. 233
Author(s):  
Masruhan Masruhan
Keyword(s):  
The State ◽  
Legal Action ◽  
Negative Effects ◽  
The Law ◽  
The Government

Abstract: The role of marriage registration (recording) is important particularly in maintaining and protecting the rights of individuals to prove the marriage implementation. Registration of marriage, therefore, is governed by various related rules or regulation. Unfortunately, the registration of marriage is only as a normative one. Meanwhile, most Muslims do not obey the law of marriages arranged by the state because the law is ambiguous, having multi interpretations and difficult to implement. In fact, there are many negative effects emerging from marriage under the hands such as not getting the marriage certificate, and husband, wife and their children not being able to perform civil legal action against the genetic father who has left them. Therefore, marriage under the hand must be prevented with preventive, curative and anticipative measures. In order to produce a law that can respond to the changing demands of time, place, conditions and welfare of the spouses, the maqa>s}id al - shari>ah approach (the purpose of the law) is eligible to apply . Therefore, the government should change the law of registration of marriages that are not relevant to the state of society so that society will feel suitable with the legal registration of the marriage.

scholarly journals Actions Ultra Vires Minister of State-Owned Enterprises in the Procurement of Goods and Services at Subsidiaries of State-Owned Enterprises

2020 ◽  
Vol 8 (06) ◽  
pp. 220-225
Author(s):  
Fauzan Prasetya ◽  
Busyra Azheri ◽  
Ismansyah ◽  
Sukanda Husin
Keyword(s):  
Legal Status ◽  
The State ◽  
Legal Entity ◽  
Goods And Services ◽  
Pros And Cons ◽  
The Law ◽  
The Government ◽  
Legal Subjects

The Government through the Minister of State-Owned Enterprises (SOEs) in his position as a Shareholder in SOEs (Indonesian: Badan Usaha Milik Negara (BUMN) enacts the Minister of SOE Regulation Number: PER-15 / MBU / 2012 Regarding Amendments to the Regulation of the State Minister of State-Owned Enterprises Number PER-05 / MBU / 2008 Regarding Guidelines General Implementation of Procurement of Goods and Services of State-Owned Enterprises in SOE Subsidiaries. Which actions have raised the pros and cons of the capacity of the Minister of SOEs as BUMN shareholders in SOE subsidiaries. The legal status of BUMN subsidiaries in the BUMN holding scheme remains a separate legal entity that has their respective organs and responsibilities as regulated in the Law of PT. When the SOE Minister acts on behalf of the State, he is the shareholder of SOE as contained in Article 1 paragraph (1) of the BUMN Law. As a shareholder, the Minister of SOEs can only establish policies towards SOEs. Whereas in SOE Subsidiaries, the shareholders are SOEs as legal subjects. So that the provisions of Article 1 number (2) SOE Ministerial Regulation Number 3 of 2012 whereby the Minister of BUMN cannot act as a shareholder. The enactment of BUMN Permen 15/2012 to SOE Subsidiaries by SOEs Minister in his capacity as BUMN shareholder is an ultra vires action.

scholarly journals Transforming Society for the Better?

MaRBLe ◽  
2019 ◽  
Vol 2 ◽  
Author(s):  
Nadja Aldendorff
Keyword(s):  
Moral Virtue ◽  
The State ◽  
Chinese Society ◽  
State Council ◽  
Credit System ◽  
The West ◽  
Republic Of China ◽  
Social Credit ◽  
The Government ◽  
Social Sorting

In 2014, the State Council of the People’s Republic of China released a document that called for the construction of a nationwide Social Credit System (SCS) with the goal to encourage sincerity and punish insincerity. The system uses blacklists that citizens land on for various cases of misbehavior, ranging from failing to pay a fine to being caught Jaywalking. This research explains the design process behind the SCS and in particular why many Chinese citizens are embracing this form of surveillance. It focuses on three topics to answer this question: the historical roots underlying the system, the perceived lack of trust in Chinese society and the comparison with concepts from surveillance theories developed in the West. From the analysis, following conclusions could be drawn: Historically, the state has often acted as a promoter and enforcer of moral virtue. The SCS fits perfectly into this tradition. The most prominent reason for the positive Chinese reaction is the lack of institutions in China that promote trust between citizens and businesses. There is a severe trust deficit which the government had to find a solution for. Regarding surveillance theory, Foucault’s concept of ‘panopticism’ shows similarities with the SCS and underlines its effectiveness in changing and steering people’s behavior while Lyon’s notion of ‘social sorting’ is used to demonstrate the potential dangers of the Chinese system.

scholarly journals KEPAILITAN BUMN YANG DIMOHONKAN ATAS DASAR HAK – HAK BURUH YANG TIDAK DIPENUHI

2019 ◽  
Vol 3 (1) ◽  
pp. 53-70
Author(s):  
Ardini Octaviarini
Keyword(s):  
Public Interest ◽  
The State ◽  
Labor Rights ◽  
Legal Certainty ◽  
Severance Pay ◽  
Control Regulation ◽  
State Owned Enterprise ◽  
The Law ◽  
The Government ◽  
A Company

BUMN are private corporate entities so that the laws governing Manpower are applicable to Law 13 of 2003. Therefore, the normative rights set forth in Law No. 13 of 2003 must be met by companies for their workers. These normative rights are, among others, when the Bankrupt Company, ie, a one time severance pay under the provisions of Article 156 Paragraph 2, severance pay for a one-time stipulation of Article 156 paragraph 3 and compensation pay pursuant to paragraph 156 4. Where there is labor rights is not fulfilled by a state-owned enterprise, workers may file for bankruptcy in the company, in its qualification as a Preferen creditor. Based on the research, the state-owned enterprises should be clearly stated in a company to protect the company's existing components in case of Bankruptcy, if the State participates, there must be at least 51% of the shares therein, so that the control, regulation and controlling functions performed the government is clear that the company's goals are achieved. It is necessary to have the same meaning / meaning as the state-owned enterprise which is engaged in public interest. Because of Article 2 paragraph 5 of Law No. 37 of 2004 with the explanation is not in line. Article 2 paragraph 5 of the Law on Bankruptcy refers to state-owned enterprises in the field of public interest, while in the explanation states that state-owned all state-owned capital and not divided into shares. Between the contents of the article and the explanation is not synchronized, then the provisions should be mentioned directly Perum, in order to achieve legal certainty.  

The Politics of Emergency Rule in Egypt

2002 ◽  
Vol 101 (651) ◽  
pp. 29-35 ◽  
Author(s):  
Diane Singerman
Keyword(s):  
The State ◽  
Political Life ◽  
State Security ◽  
The Law ◽  
The Government ◽  
Military Law ◽  
And Control

What has warranted the Egyptian government's use of state security courts, military courts, military law, and exceptional regulation and control of political life over the course of more than five decades? Clearly, Islamist radicals who have been willing to use violence against the state and civilians outside the parameters of the law warrant strong measures…. [Yet] these laws have remained in place even as the government has claimed that its policies have vanquished the Islamist threat.

LIMITATIONS ON THE TRANSPARENCY OF LAW CREATION AND LAW EXERCISING IN THE DUCHY OF WARSAW

2019 ◽  
Vol 5 (1) ◽  
pp. 503-516
Author(s):  
Marcin Mielnik
Keyword(s):  
Main Part ◽  
The State ◽  
Source Analysis ◽  
Daily Newspapers ◽  
Public Action ◽  
Its Analysis ◽  
Starting Point ◽  
The Law ◽  
The Government

In this work, the study of the title issue will be continued and the focus will be on the boundaries of transparency of public action in the sphere of enacting and implementing the law. As a result of the actions taken, the author intends to find answers to questions relat-ed to the policy of informing citizens and possibilities of finding information on the func-tioning of the state. The research was carried out by conducting a source query and source analysis. The author in the main part of the work defined the bodies responsible for creat-ing the law. Then, he introduced individual governmental dailies, such as Dziennik Praw or daily newspapers issued in individual districts of the country (departments). The starting point was to discuss the policy of disseminating the content of the law also in the uncon-stitutional period before the first copies of the government press were issued. Next, the author discussed the results of research on specific issues such as the content of journals, with particular emphasis on the main topics, such as the justification for the implementation of the Napoleon Code and its analysis in terms of practicality. Finally, niche topics like hounds and tips are presented.

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