scholarly journals THE LEGAL CONSTRUCTION MODEL FOR THE COLLUSION AND NEPOTISM OFFENSE TO BE OPTIMAL AS AN INSTRUMENT TO PREVENT CORRUPTION

2021 ◽  
Vol 58 (1) ◽  
pp. 1822-1827
Author(s):  
Ali Mukartono, Et al.
Keyword(s):  
Human Resources ◽  
White Collar ◽  
Legal Research ◽  
Reform Period ◽  
The Law ◽  
Legal Construction ◽  
The Government ◽  
Construction Model

This paper aimed to elaborate the legal construction model for the collusion and nepotism offense to be optimal as an instrument to prevent corruption in Indonesia. Numerous efforts have been implemented by the government to prevent and thoroughly eradicate corruption, which is tagged a white-collar and extraordinary crime. During the reform period, several institutions were implemented to help in the eradication of corruption but corruption cases in Indonesia have been increasing significantly. This paper uses the normative legal research. proper legal construction model is needed in handling collusion and nepotism, which starts by making new laws directed towards the direction of the applied state to achieve its goals. The formation of a new law needs to cover enforcement agencies. Furthermore, Human Resources need to be reformed and intensified to develop people that understand the law, in order to determine the dangers of collusion and nepotism, thereby preventing corruption. Similarly, in the institutional viewpoint, collusion and nepotism need to be handled by the KPK, police, and the prosecutor's office in order to preventcorruption

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 Abortion: A Review on Indonesia Regulations

Rechtsidee ◽  
2019 ◽  
Vol 7 ◽  
Author(s):  
Hariansi Panimba Sampebulu
Keyword(s):  
Reproductive Health ◽  
Government Regulation ◽  
Safe Abortion ◽  
Long Time ◽  
The Law ◽  
Legal Construction ◽  
The Government ◽  
The Right

The position of women in legal construction in Indonesia today is still difficult to adjust to the circumstances that occur, especially in terms of equality issues. The abortion that has been a problem for so long time, being discussed because of the rules that are considered not in accordance with the existing rules, and the amount of pressure from various things. Law and Women are always placed in objects that are not neutral, especially in terms of discussing reproductive health. The government and legislation feel that they have a stake in integrating reproductive health owned by women. It is the position of women in the law that gives rise to many struggle movements and the diffusion of feminism in Indonesia. The rules of Article 31 paragraph 1 and 2 of Government Regulation Number 61 of 2014 which regulate safe abortion need to be more attention and safeguarded, so that a woman has the right to be based on herself. 

scholarly journals WEWENANG KEPOLISIAN MENGADAKAN TINDAKAN LAIN DALAM MEMBERIKAN PERLINDUNGAN HUKUM TERHADAP ANAK MENURUT UNDANG-UNDANG NO.11 TAHUN 2012 TENTANG SISTEM PERADILAN PIDANA ANAK

2013 ◽  
Vol 2 (3) ◽  
Author(s):  
I Wayan Juwahyudhi
Keyword(s):  
Juvenile Offenders ◽  
Justice System ◽  
Research Method ◽  
Legal Protection ◽  
Negative Effects ◽  
Legal Research ◽  
Effects On Children ◽  
The Law ◽  
The Government ◽  
The Right

ABSTRACTOne of the police authorities is a discretionary action, where the action can also be done at the time of the investigation in dealing the juvenile offenders to protect children’s right to get justice and maximum legal protection. In the Law Number 11 of 2012 on the Juvenile Criminal Justice System stipulate about the investigator authority to carry out action of diversion, but this only applies to children under sentence of less than 7 years in prison and does not apply in children who are subject to punishments of more than 7 years in prison. This is contrary to the 1945 Constitution and the Law Number 23 of 2002 which emphasizes the protection of children before the law an the efforts to avoid imprisonment of the juvenile offenders.The thesis describes the police authority and the legal mechanisms and policies by the investigator in protecting the right on the juvenile offenders that puts the principles of legal protection. In order to avoid negative effects on children, therefore the police discretion is needed to avoid restrictions on freedom of the children’s right. The method used is a normative legal research method, where the normative or library legal research method is done by examining existing library materials.The writer suggested to the government to be more serious in dealing with the problems of children, especially for the juvenile offenders so that the welfare and right of children are protected and to avoid restrictions on freedom and minimize for juvenile offenders.

scholarly journals Konsep Badan Hukum Perhimpunan Baitul Maal Wat Tamwil (BMT) Sebagai Penguatan Hukum Ekonomi Kerakyatan

2019 ◽  
Vol 19 (2) ◽  
pp. 233
Author(s):  
Erisa Ardika Prasada ◽  
Joni Emirzon ◽  
K.N Sofyan Hasan
Keyword(s):  
Economic Activity ◽  
General Rule ◽  
Civil Code ◽  
Legal Research ◽  
Legal Entity ◽  
Legal Norms ◽  
Legal Principles ◽  
Gradual Process ◽  
The Law ◽  
The Government

Baitul Maal wat Tamwil (BMT) was established and developed with a gradual process of legal legality, namely BMT in which its legal entity was not yet known, BMT that had not had a legal entity, and BMT that had a diverse legal entity. This writing aimed at analyzing the concept of legal strengthening of BMT in Indonesia. This type of legal research was normative legal research on legal principles and legal systematics. Based on the discussion, it was concluded that BMT could be a legal entity because it had fulfilled the requirements requested by legislation, namely the general rule of Article 1653 of the Civil Code which stated that in addition to genuine civil fellowship, the law also recognized assembly of people as legal entity, both held or recognized by the government, or the assembly was accepted as permitted, or had been established for a specific purpose that was not contrary to law or good morality. Juridical considerations for BMT institutions were legal legality for every sharia economic activity and the variety and partial legal norms of BMT.

scholarly journals STUDI KASUS PENCANTUMAN LABEL TIDAK HALAL PADA OBAT DIHUBUNGKAN DENGAN UNDANG-UNDANG NOMOR 33 TAHUN 2014 TENTANG JAMINAN PRODUK HALAL

2019 ◽  
Vol 5 (2) ◽  
pp. 131
Author(s):  
Yeti Eka Yuniati ◽  
Trini Handayani
Keyword(s):  
Health Care ◽  
Human Resources ◽  
Drug Manufacturer ◽  
Muslim Population ◽  
The World ◽  
The Law ◽  
The Government

Indonesia is a country with the largest Muslim population in the world, which is about 87% of Indonesia's population is Muslim. The Indonesian state must guarantee its population to consume food, drinks including halal medicine as a command from Allah SWT. Law No. 33 of 2014 concerning Guaranteed Halal Products has not been fully implemented by the Government due to the limitations of Human Resources and facilities in carrying out certification of halal products carried out by the Halal Product Guarantee Agency.The author wants to review the inclusion of non-halal labels on medicines circulating in Cianjur Regency as one of the mandates in the Law. The method used in this study is sociological jurists. The author conducted observations and interviews at pharmacies in Cianjur Regency as well as Pharmacy Installations in the Health Office that distributed medicines to the Central Health Care. In addition, the author also conducted an interview with the drug manufacturer in Sukabumi by conducting an interview with one of the managers of medicines manufacturers as business actors.The results of the study, it turns out that all medicines observed in Cianjur Regency did not include non-halal labels. Keywords: Medicines; Muslim; Not Halal Label.

scholarly journals The Legal Construction of Land Bank Regulations to Realize Fair Management of State Land Assets in Indonesia

Rechtsidee ◽  
2017 ◽  
Vol 4 (1) ◽  
Author(s):  
Fatimah AlZahra
Keyword(s):  
Social Conflict ◽  
Physical Development ◽  
Legal Certainty ◽  
Legal Research ◽  
Bank Regulations ◽  
The People ◽  
Normative Basis ◽  
Legal Construction ◽  
The Government ◽  
Land Bank

The fact that the amount of land is fixed while the need for physical development is increasing as the increase in population, leads to inevitable social conflict. Social conflict is caused by the conflict of interest between the government and the people. The people tend to be reluctant to let go of the land they owned for the development of infrastructure in public interest with the pretext that the price set by the government is too low. As an agency for which its primary task is to reserve land for the government that is obtained before the need arises, a land bank appears to be able to be considered one of the alternatives for land procurement without conflict that can be applied in Indonesia as a solution in overcoming the land crisis for development. Through the normative legal research method, this research aims to analyzes the land bank’s concept in finding a legal construction of land bank regulations to realize fair management of state land assets in Indonesia. The result of the research shows that the legal construction of regulations for a land bank as an effort to realize fair management of state land assets can be achieved with regulations equal to a law. Values of fairness, legal certainty, and legal usefulness in the organization of a land bank must be included in the legal and normative basis in the content of the proposed law.

scholarly journals Penegakan Hukum Pajak Melalui Penggunaan Sandera Pajak Dalam Penagihan Utang Pajak Di Indonesia

2021 ◽  
Vol 2 (2) ◽  
pp. 73-81
Author(s):  
Yeni Nur Arifin
Keyword(s):  
Research Method ◽  
Legal Protection ◽  
Legal Certainty ◽  
Legal Research ◽  
State Revenue ◽  
Finance Development ◽  
The Law ◽  
The Government

Taxes make a major contribution to the source of state revenue which is used to finance development in Indonesia. However, there are still many taxpayers / tax insurer who are not compliant in paying taxes. The problems in this study are why the government uses tax hostages in collecting tax debts, how hostages are used as a means of force in collecting tax debts and how hostage-taking is viewed from a juridical aspect. The research method used in this research is normative legal research method. The result of the research is that there are several factors that become the reasons for tax hostage taking. The government (fiskus) in collecting tax debt with tax hostages has been carried out in accordance with the provisions of the law. Based on the aspect of legal certainty, tax hostages in Indonesia already have a legal umbrella, namely Law no. 9 of 2000 and several other regulations. From the aspect of justice, legal protection is provided to taxpayers / tax insurer who are subject to tax hostages. From the benefit aspect, the application of tax hostages is beneficial in increasing taxpayer compliance.

scholarly journals SINERGISITAS KEBIJAKAN DAN STRATEGI PENCEGAHAN TINDAK PIDANA TERORISME DI PROVINSI BALI

2018 ◽  
Vol 13 (1) ◽  
Author(s):  
I Made Walesa Putra ◽  
I Gst Agung Ayu Dike Widhiyaastuti
Keyword(s):  
Human Resources ◽  
Empirical Method ◽  
Legal Research ◽  
Effective Prevention ◽  
Counter Measures ◽  
Legal Science ◽  
The Government ◽  
Depth Interviews

The Writing of “The Synergicities of Policies and Strategies of Prevention  Terrorism’s Crime of Bali Province” are aimed to develop legal science in general and particular in the field of criminal’s law as well as knowing and studying the synergy between roles and strategies from the government, law enforcers and the community and to find, to analyze, to review and to provide legal solutions to obstacles in the effort to prevent terrorism in crime of Bali Province so it can be constructed to be an effective counter measures formulation. The method used in the achievement of the goal is approach Juridical Empirical method, namely legal research with facts approach by observation and in-depth interviews on object of research. The research was conducted on Bali Police, Kesbangpolinmas Bali, FKPT, FKUB, MUDP, and Religious figures in Bali. The results disclosed that each agency / organization / institution / individual has carried out the obligations according their tasks effectively and strive synergize the policies and strategies of prevention in terrorism. There are a few obstacles ranging from funding, facilities, quality-quantity of human resources to the constraints associated with legislation. By identifying several issues and to find the best solution for more effective prevention of acts of terrorism in synergy and sustainable.

scholarly journals TOURISM LAW (STUDY ON THE DUTCH CEMETRY IN PENELEH SURABAYA)

2019 ◽  
Vol 15 (2) ◽  
pp. 163-171
Author(s):  
Tomy Michael
Keyword(s):  
Human Resources ◽  
City Government ◽  
Legal Certainty ◽  
State Characteristic ◽  
City Center ◽  
The Law ◽  
The Government ◽  
The City

A law is said to be good if the law goes according to its function. By all means is to implement the law in law science. The application of the law is a state characteristic of the law in which the application will be achieved legal objectives consisting of legal justice, legal certainty and legal benefit. Starting from this, the development of tourism in Indonesia, especially in the Dutch cemetry in Peneleh Surabaya does not comply with Act No. 10-2009. This development is also influenced by human resources in this case the government of Surabaya is less concerned about the existence of the Dutch cemetry in Peneleh Surabaya. By doing empirism Research, the results are still low desire of Surabaya city government because the location is not located in the city center

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