scholarly journals Ratio Legis of the Government Regulation No. 10 Of 1983 Towards an Obligation to Distribute Salary from Ex-Husband Who Works as Civil Servant to Ex-Wife after Divorce

2019 ◽  
Vol 6 (2) ◽  
pp. 457
Author(s):  
Supadi Supadi ◽  
Thohir Luth ◽  
Iwan Permadi ◽  
Imam Kuswahyono
Keyword(s):  
Government Regulation ◽  
Islamic Law ◽  
Civil Servant ◽  
The State ◽  
Public Servants ◽  
Philosophical Approach ◽  
The Public ◽  
State Apparatus ◽  
The Government ◽  
Legal Consequences

Legal consequences of conflict of norm, the norms in Article 8 of the Government Regulation No. 10 of 1983 jo. the Government Regulation No. 45 of 1990 with Islamic Law, cause the different treatment before the law/ discrimination which causes injustice between ex-husband who works as civil servant and those who works not as civil servant. The objective of this study is to examine the ratio legis of the Government Regulation No. 10 of 1983 regarding an obligation to distribute salary from ex-husband who works as a civil servant to ex-wife after divorce. There are 4 (four) types of approaches utilized in this study: philosophical approach, statute approach, historical approach, and case approach. The ratio legis of the Government Regulation No. 10 of 1983 jo. the Government Regulation No. 45 of 1990 concerning the obligation to distribute salary from ex-husband who works as civil servant to ex-wife after divorce is because of the position of civil servants as the elements of the state apparatus, the state servants, and the public servants are required to provide examples to the community in marriage and divorce. However, the regulation of the obligation to distribute salary from ex-husband who works as a civil servant to ex-wife after divorce until the ex-wife is married again does not reflect the principle of justice and balance.

scholarly journals THE THOUGHT OF ABU YA’LA CONCERNING FINANCIAL SUPERVISION (STUDY ON THE BOOK OF AL-AHKĀM AL-SULṬĀNIYYAH)

2021 ◽  
Vol 6 (1) ◽  
pp. 68
Author(s):  
Rahmat Rahmat ◽  
Azwar Iskandar ◽  
Khaerul Aqbar
Keyword(s):  
Public Finance ◽  
Financial Management ◽  
Islamic Law ◽  
The State ◽  
Financial Supervision ◽  
Law Enforcement Agencies ◽  
Philosophical Approach ◽  
The Government ◽  
The Right ◽  
Finance Supervision

This study aims to find out the thought of Abu Ya'la concerning public finance supervision according to Islamic law in the book of al-Aḥkām al-Sulṭāniyyah. This research is qualitative descriptive research with library research method and juridical-philosophical approach. The results showed that construction of Abu Ya'la's thought on public finance supervision was included in the system of hisbah, i.e. the system of the indication and the possibility to involve two parties; (1) an independent institution created by the government to supervise the financial management of the state, whether structural in the state institutions or independent purely and non-structural; (2) other parties involved in this efforts is society, so that the entire community of people are kindly participated in the oversight efforts. In Abu Ya'la's perspective, a Hisbah institution is not a pro justicia institution that does not have the right to impose criminal or civil sanctions, but has the right to listen to public complaints about the deviation of the state's financial management and cooperate with law enforcement agencies making claims.

scholarly journals BENTUK-BENTUK DUKUNGAN SOSIAL PADA PEGAWAI NEGERI SIPIL MENJELANG MASA PENSIUN

2015 ◽  
Vol 2 (2) ◽  
Author(s):  
Ni Kadek Widhi Dwi Sekarsari ◽  
Luh Kadek Pande Ary Susilawati
Keyword(s):  
Social Support ◽  
Government Regulation ◽  
Phenomenological Approach ◽  
Civil Servant ◽  
Civil Servants ◽  
Information Support ◽  
Financial Health ◽  
State Apparatus ◽  
Age Limits ◽  
The Government

Civil Servant (PNS) is part of the state apparatus that became one of the most important elements in the government. As a civil servant, people must be follow the rule included in Indonesian Regulation No. 43 Yr. 1999. Dismissal or retirement is one rule that applies to every member of civil servant. Dismissal or retirement of civil servants was a time when a person is laid off from a job appropriate age limits stipulated in Government Regulation (Dewi, 2011). Retirement would be associated with civil servant prepared or unprepared when entering that phase. Based on this, researchers are interested to see the preparations related to the readiness of civil servants towards retirement and social support necessary forms ahead of the retirement of civil servants.   This study used qualitative research methods with a phenomenological approach. Respondents in this study were four people whose status as civil servants in the province of Bali. Data collection techniques used in this study were interviews and observation.   The results of this study indicate that the civil servants who will retire requires good support from family, co-workers, as well as institutions. Support from family is the most important support is needed before the retirement of civil servants in the types of emotional support and information support. In addition, preparations are need of social support in the civil servants towards retirement include the preparation of financial, health or fitness, role adjustment, leisure time activities, as well as health insurance.     Keywords: civil servants, social support, retirement

Going Public

2020 ◽  
pp. 279-302
Author(s):  
Bryn Rosenfeld
Keyword(s):  
Public Sector ◽  
Vital Role ◽  
The State ◽  
Political Freedom ◽  
Public Servants ◽  
State Sector ◽  
The Public ◽  
State Apparatus ◽  
Original Survey ◽  
Regime Support

This chapter investigates the political orientations and career aspirations of students who intend to join the state sector in Russia, using original survey data from three elite Russian universities. The analysis focuses on whether and how Russia’s future public servants differ from others in their views of the importance of political freedom, order, national security, and strong economic performance. It finds that Russian youth aspire to work for an autocratic state not because they favor autocratic values nor because they hope to build more democratic institutions. Rather, their preference is based on access to recruitment channels: universities with strong alumni networks in the state apparatus or a parent working in the public sector. These findings suggest that public sector workers’ attitudes are similar to those of others at the start of their careers. Over time, however, public servants’ political attitudes diverge, suggesting that Russia’s large public sector also plays a vital role in securing regime support.

scholarly journals PENGARUH MUTASI PEGAWAI TERHADAP MOTIVASI KERJA APARATUR SIPIL NEGARA DI KANTOR BADAN KEPEGAWAIAN DAERAH (BKD) KABUPATEN NIAS BARAT

2021 ◽  
Vol 1 (1) ◽  
pp. 40-56
Author(s):  
Darma Manalu
Keyword(s):  
Work Motivation ◽  
Negative Impact ◽  
Positive Impact ◽  
Objective Assessment ◽  
National Development ◽  
The State ◽  
Perfect State ◽  
Public Servants ◽  
State Apparatus ◽  
The Government

The State Civil Apparatus (ASN), which is the State Apparatus that organizes the government in carrying out national development, is the backbone of the government. The  smooth running of government and the implementation of national development depends on the perfection of the state apparatus both at the central and regional levels. In order to achieve the national goals as stated above, it is necessary to have a State Civil Apparatus who is full ofwillingness and obedience to Pancasila, the 1945 Constitution, the State and the Government and is united, has good mentality, is authoritative, strong, efficient, clean, of high quality and aware of their responsibilities as elements of the State Apparatus, State servants and public servants. To realize the perfect State Civil Apparatus as intended above, the Civil Apparatus needs to be fostered as well as possible. One form of fostering the State Civil Apparatus is Mutation as an incarnation or embodiment of organizational dynamics which is used as a way to achieve organizational goals. In the implementation of mutations, it must be based on an objective assessment considering that the transfer system is intended to provide opportunities for State Civil Apparatus to develop their potential. The work motivation of the State Civil Apparatus can also decrease if the superiors do not pay attention to the interests of their subordinates. This will reduce the work motivation of both the State Civil Apparatus. Indicators of declining morale include: low productivity, high employee absenteeism, and others. Thus, it will certainly affect the work motivation of employees in an organization. Mutation will have a positive impact on employees, such as increasing work morale. However, if the mutation is carried out without paying close attention and without being based on convincing arguments, the mutation will have a negative impact on the employee and the organization.  

scholarly journals ISLAMIC AND POSITIVE LAW PERSPECTIVES OF GRATIFICATION IN INDONESIA

2015 ◽  
Vol 15 (1) ◽  
pp. 1
Author(s):  
Fazzan Fazzan ◽  
Abdul Karim Ali
Keyword(s):  
Islamic Law ◽  
Civil Servant ◽  
The State ◽  
Positive Law ◽  
Pure Tension ◽  
State Apparatus ◽  
Islamic Society

A set of rules about gratification is a novelty within society and perceived to collide with the cultural of giving in the Islamic society in Indonesia. This study is aimed to explore the meaning of gratification from the perspective of positive law in Indonesia, and the boundaries of gratification, which is interdicted by the laws. This study used the normative method which analyzes the positive law in Indonesia regulating the gratification. The result of this study shows that gratification in the positive law and Islamic law perspective has a wide meaning including each tribute for Civil Servant or State Apparatus. According to Indonesia law, gratification could be either positive or negative. Gratification which is allowed by the laws is a gift with a pure tension of the recipient to the Civil Servant or State Apparatus without expecting to achieve anything in return. In contrary, gratification which is not allowed by the laws is a gift for the Civil Servant or State Apparatus because of their position in that employment and the purpose of it is not related to their duty or order. Based on Islamic law perspective, gratification is forbidden by nas al-Qur’an and hadith. Substantially, the rule of positive law in Indonesia which forbids the gratification practices has fit with the aim of Islamic law. In positive law in Indonesia, however, there is still gratification allowed that leads to the fraudulence. Instead, in Islamic law all kinds of gratifications for the State Apparatus and the Civil Servant are forbidden in order to ensure all the ways of fraudulences are closed off.

scholarly journals al-zakah wa al-?aribah fi al-Fiqh al-Islami wa al-qanun al-Indunisi (Dirasah Tajribiyyah Muqaranah)

2020 ◽  
Vol 3 (2) ◽  
pp. 198
Author(s):  
Ahmad Muqorobin
Keyword(s):  
General Public ◽  
Islamic Law ◽  
Descriptive Analysis ◽  
The State ◽  
Analysis Approach ◽  
Tax System ◽  
The Public ◽  
Inductive Approach ◽  
The Rich ◽  
The Government

Zakat is a financial system that is essential to create a balance between society, so as not to make the rich richer and vice versa.Zakat is an obligation for Muslims to get closer to Allah and to cleanse his property. While the tax is a mandatory contribution to the state charged to the public for the benefit of the government and the general public. Seeing the importance of zakat and tax as an instrument of income of a country, then the purpose of this study was to determine the legitimacy of a combination of zakat and taxation in Islamic law, and its application in Indonesia, whose population includes Muslims and non-Muslims. This research uses descriptive analysis approach and simultaneously inductive approach in explaining the rules of zakat and tax system and to clarify the differences between them, then explain the application of zakat and taxation in Indonesia, for increasing the zakat payment.

scholarly journals KUALITAS PELAYANAN PUBLIK

2016 ◽  
Vol 2 (1) ◽  
Author(s):  
Harius Eko Saputro
Keyword(s):  
Public Service ◽  
Public Services ◽  
Services Quality ◽  
The State ◽  
Main Task ◽  
Government Officials ◽  
The Public ◽  
Public Servant ◽  
State Apparatus ◽  
The Government

Service is the main task of the state apparatus. The scope of services and public services covered broad aspects of community life. This task has been clearly outlined in the preamble of the 1945 Constitution that is in the fourth paragraph. In practice, public services in Indonesia have not been going well. The provision of public services by government officials to the public is actually an implication of the state apparatus functions as a public servant. Therefore, the position of the government apparatus in public services is very strategic because it will determine the extent to which the government is able to provide the best possible service to the community, which thus will determine the extent to which the state has to perform its role properly in accordance with the purpose of founding. The indicator of public services quality are punctuality, ease of filing, the accuracy of error-free services, and service charges. It is highly influenced by the organizational structure, the ability of the apparatus and service systems. Keywords: Public, Service, Quality

scholarly journals KRITERIA TANAH TERLANTAR DALAM PERATURAN PERUNDANGAN INDONESIA

2010 ◽  
Vol 10 (1) ◽  
Author(s):  
Supriyanto Supriyanto
Keyword(s):  
Land Tenure ◽  
Government Regulation ◽  
Islamic Law ◽  
Land Rights ◽  
The State ◽  
Customary Law ◽  
Legal Entity ◽  
Farm Land ◽  
State Rights ◽  
Legal Consequences

When the State grants the person or legal entity is always accompanied by the obligations set forth in the BAL and the decision letter granting rights. Therefore prohibited from abandoning their land rights holders, and if the rights holders to abandon their land, the BAL has set the legal consequences of the disappearance of the relevant land rights and legal termination and affirmed as the soil directly controlled by the State. Criteria for determining the land has been abandoned, both under Customary Law, Islamic Law, Agrarian Law, Government Regulation No 36, 1998 and also No. 11, 2010 is substantially the same which includes wasteland Object land rights, land rights and management that have a basic mastery land; These lands are not cultivated, not utilized or not utilized in accordance with the circumstances, or the nature and purpose of the rights or basic mastery Therefore land should be maintained. To determine whether a field or farm land has been declared abandoned, the only criterion according to customary law used a specific period.Keywords: Wasteland, State, Rights Holders, A Result Of Law, Land Tenure

scholarly journals Technocratic Populism in Hybrid Regimes: Georgia on My Mind and in My Pocket

2020 ◽  
Vol 8 (4) ◽  
pp. 580-589 ◽  
Author(s):  
David Aprasidze ◽  
David S. Siroky
Keyword(s):  
Czech Republic ◽  
The State ◽  
Hybrid Regimes ◽  
Checks And Balances ◽  
The Public ◽  
Official Position ◽  
State Apparatus ◽  
The Government ◽  
Hybrid Regime

Most studies of technocratic populism have focused on democracies under stress (e.g., Italy, Czech Republic). This article builds on and extends these studies by analyzing a hybrid regime—post-Soviet Georgia—and argues that technocratic populism in this context is utilized as a façade to cover authoritarian and oligarchic tendencies, while suspending (or reversing) democratization efforts. The state apparatus is weaponized against current and potential political opponents. Ideology is irrelevant, loyalty is key, and passivity is encouraged. The government aims to chip away at institutional checks and balances, and to demobilize the public by undermining confidence in the country’s representative institutions while increasing dependence on experienced personalities, the ‘can do experts.’ The result is most often a stable partial-reform equilibrium. We illustrate this argument with evidence from Georgia, where Bidzina Ivanishvili, the richest man in the country, came to power in 2012 and, despite not holding any official position in the government since 2013, has run the state as a firm.

Hukum Denda dalam Keuangan Publik Islam di Indonesia

2018 ◽  
Vol 12 (2) ◽  
pp. 313-328
Author(s):  
Fathul Aminudin Aziz
Keyword(s):  
Islamic Law ◽  
The State ◽  
Mutual Benefit ◽  
State Budget ◽  
The People ◽  
The Status ◽  
The Government

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.

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