scholarly journals Usage of quotas in the state budget: A case study of Karnataka in India

2009 ◽  
Vol 29 (1) ◽  
Author(s):  
Pradeep Kumar

<!--[if gte mso 9]><xml> <w:WordDocument> <w:View>Normal</w:View> <w:Zoom>0</w:Zoom> <w:PunctuationKerning /> <w:ValidateAgainstSchemas /> <w:SaveIfXMLInvalid>false</w:SaveIfXMLInvalid> <w:IgnoreMixedContent>false</w:IgnoreMixedContent> <w:AlwaysShowPlaceholderText>false</w:AlwaysShowPlaceholderText> <w:Compatibility> <w:BreakWrappedTables /> <w:SnapToGridInCell /> <w:WrapTextWithPunct /> <w:UseAsianBreakRules /> <w:DontGrowAutofit /> </w:Compatibility> <w:BrowserLevel>MicrosoftInternetExplorer4</w:BrowserLevel> </w:WordDocument> </xml><![endif]--><!--[if gte mso 9]><xml> <w:LatentStyles DefLockedState="false" LatentStyleCount="156"> </w:LatentStyles> </xml><![endif]--><!--[if !mso]><object classid="clsid:38481807-CA0E-42D2-BF39-B33AF135CC4D" id=ieooui></object> <style> st1\:*{behavior:url(#ieooui) } </style> <![endif]--> <!-- /* Font Definitions */ @font-face {font-family:"Arial Unicode MS"; panose-1:2 11 6 4 2 2 2 2 2 4; mso-font-charset:128; mso-generic-font-family:swiss; mso-font-pitch:variable; mso-font-signature:-1 -369098753 63 0 4129279 0;} @font-face {font-family:"\@Arial Unicode MS"; panose-1:2 11 6 4 2 2 2 2 2 4; mso-font-charset:128; mso-generic-font-family:swiss; mso-font-pitch:variable; mso-font-signature:-1 -369098753 63 0 4129279 0;} /* Style Definitions */ p.MsoNormal, li.MsoNormal, div.MsoNormal {mso-style-parent:""; margin:0in; margin-bottom:.0001pt; mso-pagination:widow-orphan; font-size:12.0pt; font-family:Arial; mso-fareast-font-family:"Times New Roman"; mso-bidi-font-family:"Arial Unicode MS"; color:black;} @page Section1 {size:8.5in 11.0in; margin:1.0in 1.25in 1.0in 1.25in; mso-header-margin:.5in; mso-footer-margin:.5in; mso-paper-source:0;} div.Section1 {page:Section1;} --> <!--[if gte mso 10]> <style> /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-parent:""; mso-padding-alt:0in 5.4pt 0in 5.4pt; mso-para-margin:0in; mso-para-margin-bottom:.0001pt; mso-pagination:widow-orphan; font-size:10.0pt; font-family:"Times New Roman"; mso-ansi-language:#0400; mso-fareast-language:#0400; mso-bidi-language:#0400;} </style> <![endif]--><span style="font-size: 12pt; font-family: Arial;">Persons with disabilities constitute nearly ten percent of the population of India, and the Persons with Disabilities Act of 1995 allocates 3% quota in all poverty alleviation programmes and schemes of the government. Though the system of quota has a legislative mandate to be used as a safety net, many studies have indicated that the state governments have failed in implementing the same in the case of people with disabilities. Karnataka has been one of the most progressive states in mainstreaming disability into the development agenda of the state, and through a democratic process of "participatory governance" it has ensured that the allocation of 3% quota is successfully implemented in all the poverty eradication programmes of the state.</span>

2019 ◽  
Vol 13 (2) ◽  
pp. 513-531 ◽  
Author(s):  
Elizabeth Presler-Marshall ◽  
Nicola Jones ◽  
Kifah Bani Odeh

AbstractDrawing on qualitative research undertaken with adolescents with disabilities from refugee and host communities in Jordan and the State of Palestine, this article critically interrogates the framing of child neglect, which to date has situated the state as a protector rather than a perpetrator, the narrow understanding of adolescent needs and the responsibility of international actors for ensuring that the full range of human rights of adolescents with disabilities is supported. We frame our findings on adolescent neglect through a multidimensional capabilities lens and argue that although both adolescence as a distinct lifecycle stage and the rights of persons with disabilities have moved up the development agenda, adolescents with disabilities remain largely invisible, and especially so in conflict-affected contexts. Our findings highlight that adolescents with disabilities have limited access to schooling, skills building for economic empowerment and healthcare, due to accessibility challenges, cost and highly limited specialist provisioning. Moreover, adolescents with disabilities also have very little access to psychosocial support or opportunities to develop the independence which is a hallmark of adolescence and critical for successful transitions into early adulthood. Rather than working to meet those needs, the government and UN agencies tasked with provisioning in conflict-affected areas continue to miss opportunities to link young people with disabilities to existent services and tend to rely on NGOs to deliver small-scale, time-bound programming rather than assuming responsibility for appropriate programming at scale.


2018 ◽  
Vol 12 (2) ◽  
pp. 313-328
Author(s):  
Fathul Aminudin Aziz

Fines are sanctions or punishments that are applied in the form of the obligation to pay a sum of money imposed on the denial of a number of agreements previously agreed upon. There is debate over the status of fines in Islamic law. Some argue that fines may not be used, and some argue that they may be used. In the context of fines for delays in payment of taxes, in fiqh law it can be analogous to ta'zir bi al-tamlīk (punishment for ownership). This can be justified if the tax obligations have met the requirements. Whereas according to Islamic teachings, fines can be categorized as acts in order to obey government orders as taught in the hadith, and in order to contribute to the realization of mutual benefit in the life of the state. As for the amount of the fine, the government cannot arbitrarily determine fines that are too large to burden the people. Penalties are applied as a message of reprimand and as a means to cover the lack of the state budget.


2018 ◽  
Vol 2 (3) ◽  
pp. 427
Author(s):  
Dewi Kania Sugiharti ◽  
Muhammad Ziaurahman ◽  
Sechabudin Sechabudin

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.


2017 ◽  
Vol 63 (2) ◽  
pp. 265-283
Author(s):  
Subhendu Ranjan Raj

Development process in Odisha (before 2011 Orissa) may have led to progress but has also resulted in large-scale dispossession of land, homesteads, forests and also denial of livelihood and human rights. In Odisha as the requirements of development increase, the arena of contestation between the state/corporate entities and the people has correspondingly multiplied because the paradigm of contemporary model of growth is not sustainable and leads to irreparable ecological/environmental costs. It has engendered many people’s movements. Struggles in rural Odisha have increasingly focused on proactively stopping of projects, mining, forcible land, forest and water acquisition fallouts from government/corporate sector. Contemporaneously, such people’s movements are happening in Kashipur, Kalinga Nagar, Jagatsinghpur, Lanjigarh, etc. They have not gained much success in achieving their objectives. However, the people’s movement of Baliapal in Odisha is acknowledged as a success. It stopped the central and state governments from bulldozing resistance to set up a National Missile Testing Range in an agriculturally rich area in the mid-1980s by displacing some lakhs of people of their land, homesteads, agricultural production, forests and entitlements. A sustained struggle for 12 years against the state by using Gandhian methods of peaceful civil disobedience movement ultimately won and the government was forced to abandon its project. As uneven growth strategies sharpen, the threats to people’s human rights, natural resources, ecology and subsistence are deepening. Peaceful and non-violent protest movements like Baliapal may be emulated in the years ahead.


2021 ◽  
Vol 1 (1) ◽  
Author(s):  
Mayda Mayda

The sale and purchase of Tuntong Laut eggs that occurred in Pusung Kapal Village, Kec. Seruway is done for the use of ingredients for making srikaya jam. This sale and purchase is a violation of laws that have been set by the government and can cause damage to nature and is contrary to the principles of muamalah. The title of this research is “Review of Muamalah Fiqh Against the Practice of Selling and Buying Sea Tuntong Eggs (Batagur Borneonsis) in Pusung Kapal Village, Kec. Seruway” With the formulation of the problem is (1). How is the practice of buying and selling Tuntong Laut (Batagur borneoensis) eggs in Pusung Kapal Village, Kec. Seruway? (2) How is the Fiqh Muamalah review of the practice of buying and selling eggs of Sea Tuntung (Batagur Borneoensis) case study in Pusung Kapal Village, Kec. Seruway? Based on the results of this study, it can be concluded that (1) The practice of buying and selling Tuntong Laut eggs is prohibited according to Fiqh Muamalah because the Rukuns and conditions of sale and purchase are not fulfilled, such as: the goods are not owned by themselves, but belong to the state whose species are protected. immediately when Ijab and Qabul or the goods are not in hand, and do not meet Sharia principles, such as bringing harm, destroying the ecosystem of protected animals and containing elements of gharar. (2) Buying and selling of Tuntong Laut eggs in Pusung Kapal Village, Kec. Seruway That there is a practice of buying and selling rare animals, in which the sale and purchase is not accompanied by a permit from the competent authority.


2019 ◽  
Vol 10 (0) ◽  
pp. 190
Author(s):  
Helge Blakkisrud

After a period of relative neglect in the 1990s and early 2000s, the Arctic is back on the agenda of the Russian authorities. To ensure efficient coordination and implementation of its Arctic strategy, the government in 2015 established a State Commission for Arctic Development. It was to serve as a platform for coordinating the implementation of the government’s ambitious plans for the Arctic, for exchange of information among Arctic actors, and for ironing out interagency and interregional conflicts. Based on a case study of the State Commission for Arctic Development, this article has a twofold goal. First, it explores the current Russian domestic Arctic agenda, mapping key actors and priorities and examining the results achieved so far. Second, it discusses what this case study may tell us the about policy formulation and implementation in Russia today. We find that while the government’s renewed focus on the Arctic Zone has yielded some impressive results, the State Commission has been at best a mixed success. The case study demonstrates how, in the context of authoritarian modernization, the Russian government struggles to come up with effective and efficient institutions for Arctic governance. Moreover, the widespread image of a Russian governance model based on a strictly hierarchic “power vertical” must be modified. Russia’s Arctic policy agenda is characterized by infighting and bureaucratic obstructionism: even when Putin intervenes personally, achieving the desired goals can prove difficult.


Author(s):  
Soesi Idayanti

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


Author(s):  
Mosgan Situmorang

<p>Dalam Undang-Undang Nomor 16 Tahun 2011 tentang Bantuan Hukum dikatakan bahwa pemberi bantuan hukum adalah lembaga bantuan hukum atau organisasi kemasyarakatan yang memberi layanan bantuan hukum. Jasa hukum yang diberikan kepada penerima bantuan hukum adalah cuma-cuma, dalam ar Ɵ mereka Ɵ dak mendapat upah dari pihak yang dibantunya, namun pemerintah akan memberikan dana bantuan untuk se Ɵ ap kasus yang ditangani yang besarnya disesuaikan dengan jenis kasusnya. Dana bantuan tersebut memang Ɵ dak akan diberikan kepada semua organisasi bantuan hukum, tetapi hanya kepada organisasi bantuan hukum yang sudah memenuhi syarat sesuai dengan Undang-Undang Bantuan Hukum. Karena dana tersebut berasal dari Anggaran Pendapatan dan Belanja Negara, maka tentu saja akuntabilitas organisasi bantuan hukum yang menerima dana tersebut harus dapat dipertanggung jawaban kepada masyarakat. Tulisan ini adalah berupa kajian norma Ɵ f, dengan demikian data yang digunakan adalah data sekunder berupa bahan primer yakni peraturan perundang undangan, utamanya Undang-Undang Nomor 16 Tahun 2011 dan undang- undang lain yang terkait serta bahan sekunder berupa bahan kepustakaan dan data dari internet. Dalam peneli Ɵ an ini disimpulkan bahwa Undang- Undang Bantuan Hukum sudah dapat mengan Ɵ sipasi perlunya akuntabilitas organisasi bantuan hukum tapi masih perlu di Ɵ ngkatkan dengan cara membuat aturan-aturan yang mendukung terciptanya akuntabilitas tersebut terutama peraturan mengenai standar bantuan hukum.</p><p>In Law No. 16 Year 2011 regarding Legal Aid, stated that legal aid provider is a legal aid organiza Ɵ on or community organiza Ɵ ons that provide legal aid services. Legal services provided by the legal aid organiza Ɵ on is free in the sense that they do not get paid from those who helped. However, the government will provide fi nancial assistance for each case handled that amount is in accordance with the type of case. The grant is not given to all legal aid organiza Ɵ ons but only to a legal aid organiza Ɵ on that has been quali fi ed in accordance with the Legal Aid Act. Because these funds come from the state budget of course accountability of legal aid organiza Ɵ ons receiving funds must be able to be an answer to the public. This paper is a norma Ɵ ve review, thus the data used are secondary data from the primary material i.e laws and regula Ɵ ons, especially Law No. 16 of 2011 and other laws related and secondary materials in the form of the literature and data from the internet.This study concluded that the Legal Aid Act was able to an Ɵ cipate the need for accountability of legal aid organiza Ɵ ons but it is need to be improved by making rules that favor the crea Ɵ on of accountability mainly standard rules regarding legal aid.</p>


2019 ◽  
Vol 1 (1) ◽  
pp. 51-58
Author(s):  
Fachrizza Sidi Pratama

Legislation is one of the legal products issued by the state government component. In this case, the laws and regulations include the Constitution of the Republic of Indonesia year 1945, the Decree of the People's Consultative Assembly, The Law / Regulation of the Government In lieu of Laws, Government Regulations, Presidential Regulations, and Local Regulations. As for its application, the rules have levels in the arrangement, where there are sections that explain macro and its derivatives that are narrowing down to the implementing regulations. The levels of the rules must be complete because each of them has its own function.  Meanwhile, in this journal, there will be a discussion on the phenomenon of legal vacancies in the case study of Government Regulation of the Republic of Indonesia Number 51 of 2020 related to the Period of Extending Passports to 10 Years, where in the issuance of government regulations have not been included implementing regulations that will regulate how the implementation of government regulations in the field.  


2017 ◽  
Vol 13 (2) ◽  
pp. 288
Author(s):  
Syaakir Sofyan

Indonesia is a state based on law and adopts welfare. Thus, the state has an obligation and responsibility to realize public welfare as stated in the fourth paragraph of Undang-Undang Dasar (UUD) Negara Republik Indonesia 1945. In achieving these objectives, the government must play an important role in various aspects of community life, especially in the economy. One form of government intervention, namely in fiscal policy by adjusting the state revenues and expenditures in the state budget. In Islamic economics, fiscal policy objective is to create economic stability, high economic growth and equitable distribution of income, coupled with the other objectives contained in the rules of Islam


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