scholarly journals Changes in the Legal Agency Status of the Pakuan Bogor Regional Legal Company in Improving Drinking Water Services in Bogor City based on Government Regulation Number 54 of 2017 Concerning Local Government Owned Enterprises (BUMD)

Author(s):  
Nazaruddin Lathif ◽  
Mustika Mega Wijaya ◽  
Raden Muhammad Mihradi

The idea of establishing a Local Government-Owned Enterprise (BUMD) departs from an ideological perspective regarding the concept of a welfare law state that emerged after the 19th century. The teaching emphasizes that the state must intervene in the socio-economic life of society for the welfare of its citizens. One form of intervention is through the authority to form State-Owned Enterprises (BUMN) at central level and Local Government-Owned Enterprises (BUMD) in local level. The purposes of this research are, first, to determine the urgency of changing the status of a legal entity at the BUMD PDAM Tirta Pakuan of Bogor City into the form of Local Government Public Company (PERUMDA) in terms of Government Regulation Number 54 of 2017 concerning Local Government-Owned Enterprises (BUMD). Second, this study aims to find out the prospects for changing the status of Local Government corporate legal entities drinking water from Tirta Pakuan Bogor in order to improve drinking water services in the city of Bogor. This study was carried out using two types of research method, which are: (1) normative juridical research by examining library materials which are secondary data and also called library research, and (2) empirical juridical research, also called as field research, which is conducted through the means of interviews as primary data.

2019 ◽  
Author(s):  
Ali Geno Berutu

his Research proves that the implementation of Aceh Qanun No. 12, 13 and 14 Year 2003 on Khama r, M a i s i r , and Khalwat in Subulussalam is not completely worked well, because in addition to legal issues qanuns, most have efforts political consolidation of the central government and local government. This thesis supports and strengthens the conclusion Michail Buehrel in this article entitled “The Rise of Sharia by Laws in Indonesia District an Indication For Changing Patterns of Power Accumulation and Political Corruption ” (2008) who found the formulization of Islamic Law in the region is political consolidation instrument for exploring the local government, especially financially in building. Buehler did not even find a conservative movement in the imposition of Islamic Law in the area. This research also support M.B Hooker’s opinion in his work entitled Indonesian Syariah : Defining a National School of Islamic Law, (2008)which states that in legislative process of Islamic law in aceh. There are many obstacles and barriers , because the Sharia Law to be applied must necessarily correspond with the system national law, while the central government to add more breadth of autonomy for Aceh in the part of Islamic Law to legislate in the part of law qanuns jina>na>t . This thesis does not agree with the conclusion of Harold Crouch in his work The Recent Resurgence of Political Islam in Indonesia, “ Islam In Southeast Asi a: Analysing Recent Development” , ed. Anthony L. Smith, (Singapore: ISEAS, 2002) as saying that the barrage history of failure of Islamic parties in order to implement Islamic Law-making opportunities for the application of Islamic Law in Indonesia did not exist. Crouch’s opinion just say that the application of Islamic Law to be in the sense of establishing an Islamic State. Data obtained from field research (field research) with qualitative methods and approach the socio - legal - historical . The primary data of the document and the results wawancara and field observations. Primary data in the form of documents are: Law No. 44 In 1999, Law No. 18 of 2001, Law No. 11 In 2006, Qanun 5 In 2000, Qanun No. 12, 13, 14, 2003, Qanun 7 In 2013, Qanun 6 In 2014 and Qanun 8 Year 2014. The primary data in the form of interviews and observations sourced from: Office of Islamic Law (DSI), the Wilayatul Hisbah (WH), the Court Syar'iyah (MS), the Police, the Mufti Consultative Assembly (MPU), the Aceh Tradition Council (MAA). Secondary data in the form of: 1) the books on Islamic law, sociology and anthropology of law, the historical development of Islam in Indonesia; 2) journals and other scholarly works that examine the rules of Islamic law, the application of Islamic law, social and Community; 3) as well as other sources such relevant, scientific papers, websites, newspapers, magazines and others


Author(s):  
Issah Justice Musah-Surugu ◽  
Emmanuel Yeboah-Assiamah

Decentralisation and local governance aim at local economic development, but collaboration among key actors at the local level is essential in realising this objective. However, at district assembly level Ghana exhibits problematic conflicts between district chief executives (DCEs), who head the executive committee, and presiding members (PMs) who convene and preside over assembly deliberations, acting as speaker. This study aims to unpack the main causes of such unsavoury conflicts by using 13 case studies from the Ashanti Region. Both primary and secondary data were collected for the study. Primary data was gathered from a selection of 40 key informants drawn from three main groups including DCEs, PMs, and other stakeholders such as regional coordinating council members, assembly members and chiefs. The main research instrument was one-on-one in-depth interviews with participants. The study found deep-seated conflicts between DCEs and PMs, in some cases even transcending these two actors to involve a greater section of actors within the local government administration. The study noted that professional bureaucrats within the local government service are affected when allegations of affiliation are levelled against them. The study also found that the legal status of DCEs and PMs appears to be the main driver of potential conflict, although other context-specific issues were also prevalent.


2021 ◽  
Author(s):  
Liza Dwi Ratna Dewi ◽  
Nawiroh Vera ◽  
Arbi Cristional Lokananta ◽  
Doddy Wihardi ◽  
Nexen Alexandre

West Nias Regency has an enormous potential tourist destination, namely the Hinako Islands which consists of eight beautiful small islands. Yet the limited infrastructure and capacity of human resources have become the obstacle for this potential. The purpose of this study is to provide recommendations for tourism development strategies in the Hinako Islands to increase local government revenues (PAD) and the welfare of local communities. The research question is how is the strategy of the local government in developing tourism in the Hinako Islands?. This research is a field research, qualitative analytical descriptive type. The primary data of the research were observation and in-depth interviews, also supported by secondary data in the form of documentation and relevant literature studies. This study recommends a tourism development model consisting of 3 elements, namely: 1) West Nias Regency Government as a facilitator to provide tourism facilities and infrastructure; And as a regulator to formulate and enforce tourism business rules for the benefit of the Regional Original Income (PAD) and bring prosperity to local communities. 2) Private, namely existing investors, new investors with an ecotourism pattern, and village-owned enterprises (BUM-Des) to work on the industry in the concept of tourism agromina. 3) Community, to be a friendly host for tourists by providing guarantees for tourist safety, maintaining environmental cleanliness, and providing memorable experiences for tourists. The recommended strategies include strategies for developing tourism destinations, the tourism industry, tourism marketing, and tourism institutions.


2021 ◽  
Vol 4 (4) ◽  
Author(s):  
Liza Dwi Ratna Dewi ◽  
◽  
Nawiroh Vera ◽  
Arbi Cristional Lokananta ◽  
Doddy Wihardi ◽  
...  

West Nias Regency has an enormous potential tourist destination, namely the Hinako Islands which consists of eight beautiful small islands. Yet the limited infrastructure and capacity of human resources have become the obstacle for this potential. The purpose of this study is to provide recommendations for tourism development strategies in the Hinako Islands to increase local government revenues (PAD) and the welfare of local communities. The research question is how is the strategy of the local government in developing tourism in the Hinako Islands?. This research is a field research, qualitative analytical descriptive type. The primary data of the research were observation and in-depth interviews, also supported by secondary data in the form of documentation and relevant literature studies. This study recommends a tourism development model consisting of 3 elements, namely: 1) West Nias Regency Government as a facilitator to provide tourism facilities and infrastructure; And as a regulator to formulate and enforce tourism business rules for the benefit of the Regional Original Income (PAD) and bring prosperity to local communities. 2) Private, namely existing investors, new investors with an ecotourism pattern, and village-owned enterprises (BUM-Des) to work on the industry in the concept of tourism agromina. 3) Community, to be a friendly host for tourists by providing guarantees for tourist safety, maintaining environmental cleanliness, and providing memorable experiences for tourists. The recommended strategies include strategies for developing tourism destinations, the tourism industry, tourism marketing, and tourism institutions.


2019 ◽  
Author(s):  
Nisa Maulia ◽  
Raldi H Koestoer ◽  
Ratna Saraswati

Rematching spatial home-based school pattern by using the trip distribution model is a fundamental tool in demographic related to the transport planning process of urban and interurban areas. Thus the study highlights student origin-destination movement in West Jakarta as to check the level of effectiveness of Jakarta Local Government Home Based School Regulation. School profile as secondary data was included to define two leading schools from 17 public senior high schools located in West Jakarta. Geocoordinate points of students’ addresses as primary data was collected to figure spatial Home Based School pattern. The data analysis was carried out using mapping network analysis and cross tabulation. Network Analysis was performed to set the origin-destination (OD) matrix. Cross-tabulation was applied to evaluate the frequency of home-based school travel pattern. The analysis showed that the local government regulation less worked ideally due to some constraint of trip distribution e.g. threshold and preference at two core schools of West Jakarta.


2021 ◽  
Vol 4 (4) ◽  
pp. 269
Author(s):  
Ragil Jaka Utama ◽  
Umar Ma'ruf ◽  
Sri Kusriyah

This study aims to determine the juridical review of quarantine after the Covid-19 pandemic and find out whether its implementation has been carried out and implemented in Indonesia. The type of research used is normative research or library research, its meaning that this research is based on library sources to discuss the problems that have been formulated. By examining secondary data by conducting an investigation of the study including a description of the research subject. In this study, the data used in this study were secondary data and primary data. The secondary data used in this study is the law used in the study, the primary data used is the regulations in Indonesian legislation that have been set by each local government. The data consists of books, articles in journals and other media, including unpublished research and papers related to and explaining the concepts of quarantine and social distancing during a pandemic situation. The results of the study explain that the Health Quarantine Act carried out by the government in protecting the spread of Covid-19 has been very well implemented. This is reinforced by Government Regulation number 21 of 2020 which explains PSBB and handling related to the Covid-19 pandemic. The implementation of this legislation is the establishment of a Health Quarantine Officer who is the only person authorized to enforce the law. Further cooperation for law enforcement at the local government level requires delegation from the central government, which will be carried out further by the Minister of Health.


2021 ◽  
Vol 17 (1) ◽  
pp. 72-82
Author(s):  
Isra Misra ◽  
Ali Sadikin

The Malan tradition or farming of Bakumpai Dayak society is a hereditary tradition handed down by ancestors. Malan is a social activity in agriculture, especially in farming, starting from clearing fields, cutting down forests, burning fields, planting rice and harvesting rice. This study was a field research with a qualitative approach in the form of phenomenology and contextual Islamic economics. The informants were people who farmed around Murung Raya Regency. Sources of data were primary data and secondary data. Primary data were data from observations and interviews. While secondary data were data in the form of documentation. The results showed that in Malan tradition of Bakumpai Dayak society, Islamic economic values were found in the form of togetherness and balance, help each other, cooperation, sharing and kindship. Malan activities were activities that form the basis of society in fulfilling basic needs (rice). The inhibiting factor for Malan's current activities was the government regulation that strictly prohibits burning forests and land. Malan activity was an activity that really helped rural communities in fulfilling their foods. The economic contribution to the Malan Tradition was enormous for society.


2019 ◽  
Author(s):  
Ali Geno Berutu

This Research proves that the implementation of Aceh Qanun No. 12, 13 and 14 Year 2003 on Khama r, M a i s i r , and Khalwat in Subulussalam is not completely worked well, because in addition to legal issues qanuns, most have efforts political consolidation of the central government and local government. This thesis supports and strengthens the conclusion Michail Buehrel in this article entitled “The Rise of Sharia by Laws in Indonesia District an Indication For Changing Patterns of Power Accumulation and Political Corruption ” (2008) who found the formulization of Islamic Law in the region is political consolidation instrument for exploring the local government, especially financially in building. Buehler did not even find a conservative movement in the imposition of Islamic Law in the area. This research also support M.B Hooker’s opinion in his work entitled Indonesian Syariah : Defining a National School of Islamic Law, (2008) which states that in legislative process of Islamic law in aceh. There are many obstacles and barriers , because the Sharia Law to be applied must necessarily correspond with the system national law, while the central government to add more breadth of autonomy for Aceh in the part of Islamic Law to legislate in the part of law qanuns jina>na>t . This thesis does not agree with the conclusion of Harold Crouch in his work The Recent Resurgence of Political Islam in Indonesia, “ Islam In Southeast Asi a: Analysing Recent Development” , ed. Anthony L. Smith, (Singapore: ISEAS, 2002) as saying that the barrage history of failure of Islamic parties in order to implement Islamic Law-making opportunities for the application of Islamic Law in Indonesia did not exist. Crouch’s opinion just say that the application of Islamic Law to be in the sense of establishing an Islamic State. Data obtained from field research (field research) with qualitative methods and approach the socio - legal - historical . The primary data of the document and the results wawancara and field observations. Primary data in the form of documents are: Law No. 44 In 1999, Law No. 18 of 2001, Law No. 11 In 2006, Qanun 5 In 2000, Qanun No. 12, 13, 14, 2003, Qanun 7 In 2013, Qanun 6 In 2014 and Qanun 8 Year 2014. The primary data in the form of interviews and observations sourced from: Office of Islamic Law (DSI), the Wilayatul Hisbah (WH), the Court Syar'iyah (MS), the Police, the Mufti Consultative Assembly (MPU), the Aceh Tradition Council (MAA). Secondary data in the form of: 1) the books on Islamic law, sociology and anthropology of law, the historical development of Islam in Indonesia; 2) journals and other scholarly works that examine the rules of Islamic law, the application of Islamic law, social and Community; 3) as well as other sources such relevant, scientific papers, websites, newspapers, magazines and others.


2013 ◽  
Vol 2 (1) ◽  
Author(s):  
Niken Subekti Budi Utami ◽  
Destri Budi Nugraheni

<p align="center"><strong><em>AB</em></strong><strong><em>S</em></strong><strong><em>TRAC</em></strong><strong><em>T</em></strong></p><p><em>T</em><em>his research was conducted wih library research to obtain secondary data and field research to obtain primary data.</em></p><p><em>T</em><em>he results of this study indicate that in the view of Islamic Scientist, Zakat Management Act there are some drawbacks. First, under the coordination of placement BAZNAS, LAZ cause has no authority, but on the other side of the LAZ are required to make the report public accounting. Second, LAZ could only have authority when a public organization that has a community empowerment program, but this provision may result in unfair LAZ in the management of zakat, as it will further the interests of these organizations. Third, to implement the Zakat Management Act needs to be made  government regulation, so that its implemen- tation will bring benefits to the community and not cause harm. According to the criminal scientist, the provisions of article 41 UUPZ which impose criminal sanctions for unlicensed LAZ that felt quite right, because the intent of legislator of UUPZ, zakat management is done professionally so that it will create a prosperous society, as well as the criteria of the criminalization of the LAZ is not permitted, which include the purpose of imposition of penalty, the onset of the victim, the principle of cost and the results, the ability of law enforcement officials and the public support, are not appropriate.</em></p><p><strong><em>Keyword : </em></strong><em>z</em><em>akat, LAZ,criminalitation</em></p><p> </p><p align="center"><strong>A</strong><strong>b</strong><strong>s</strong><strong>t</strong><strong>ra</strong><strong>k</strong></p><p align="center">Penelitian ini bertujuan untuk mengetahui pengelolaan zakat yang dilakukan oleh lembaga pengelola zakat apabila ditinjau dari perspektif Hukum Islam dan untuk mengetahui kriminalisasi dalam Pasal 41 UU No. 23</p><p>Tahun 2011 tentang Pengelolaan Zakat ditinjau dari perspektif Hukum Pidana. Penelitian ini adalah penelitian yuridis empiris yang dilakukan melalui penelitian pustaka dan penelitian lapangan dengan metode <em>Focus Group Discussion</em>. Narasumber adalah para ahli hukum Islam dan Hukum Pidana, sedangkan para responden adalah pengelola Lembaga Amil Zakat yang berada di Daerah Istimewa Yogyakarta, baik pengelola dari Lembaga Amil Zakat yang telah berijin maupun yang belum berijin. Hasil penelitian menunjukkan bahwa ahli hukum Islam menyatakan bahwa para ulama sepakat, wajib atas penguasa untuk mengangkat amil atau lembaga pengelola zakat. Namun, rumusan pengelolaan zakat secara sentralisasi berada di tangan pemerintah, masih dapat diperdebatkan dengan melihat peran masyarakat yang gemilang dalam pengelolaan zakat melalui LAZ. Kriteria kriminalisasi yang meliputi pemidanaan harus memperhatikan tujuannya, adanya unsur <em>victimizing</em>, prinsip biaya dan hasil, dan dukungan masyarakat, tidak terpenuhi dalam mengkriminalisasi LAZ seperti yang ditentukan dalam Pasal 41 UU Pengelolaan Zakat. Maksud dari pemerintah membentuk UUPZ baru, adalah untuk lebih meningkatkan pengumpulan, pendistribusian dan pendayagunaan zakat, sehingga dapat menciptakan masyarakat Indonesia yang sejahtera. Mencermati maksud tersebut, dirasakan kurang tepat ketentuan pemidanaan bagi LAZ karena tidak adanya catatan buruk kinerja LAZ dan apabila hukum dipandang sebagai alat untuk melakukan perubahan sosial, yaitu mengubah masyarakat yang miskin menjadi sejahtera, maka selayaknya bukan pendekatan sanksi yang dilakukan melainkan dengan pendekatan berupa insentif.</p><p><strong>Kata kunci : </strong>Zakat, Lembaga Amil Zakat, kriminalisasi</p>


Acta Comitas ◽  
2016 ◽  
Author(s):  
Ni Wayan Tirtawati ◽  
I Dewa Gde Atmadja ◽  
Gde Marhendra Wijaatmadja

Pawnshop Company is a State Owned Enterprises (SOEs), which is engaged in the business of providing credit services and applicable statutory lien for anyone with a moving objects collateral requirement. In order to develop the business, so Government Regulation No. 103 of 2000 was issued, stated of the granting of the loan based on the collateral of fiduciary money. As an institution that provides credit to guarantee the fiduciary shall comply with the provisions set out in Law No. 42 of 1999, especially Article 11, paragraph (1) which states that the objects are burdened with fiduciary collateral required to be registered, but in reality there is no Pawnshop Company comply with Article 11 paragraph (1) of Law No. 42 of 1999 on Fiduciary. Based on the gap das sein and das sollen, then can be formulated the problem of how fiduciary guarantee enrollment application pursuant to Article 11 paragraph (1) of Law No. 42 of 1999 on Company Pawnshop and how execution of fiduciary insurance company that is not registered by the Company Pawnshop when borrowers are in default. Empirical legal research is used in this thesis, because it’s getting out of the gap between das Sein and das sollen. The approach used in this thesis is the legislation approach, case-based approach, and the analytical approach. The nature of the research in this study was a descriptive study, sites in the Pawnshop Company branch Denpasar and Tabanan. The data used in this thesis is the primary data / field data and secondary data / literature. Data collecting techniques used in this thesis is planned interview techniques and reading literature. Sampling techniques used in this thesis is purposive sampling and the data obtained are presented in descriptive qualitative. The results of this problem study is application of fiduciary guarantee enrollment on the Pawnshops Company, that disobedience to law number 42 of 1999 Article 11 paragraph (1) was happened, while the execution of fiduciary insurance company that is not registered by Pawnshop Company if debtor in default is done by a family way.


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