scholarly journals KEMASLAHATAN DALAM PERLINDUNGAN HUKUM TERHADAP KONSUMEN DAN PELAKU USAHA MELALUI MEKANISME PENETAPAN HARGA OLEH NEGARA

JURISDICTIE ◽  
2019 ◽  
Vol 9 (2) ◽  
pp. 217
Author(s):  
Mhd Erwin Munthe
Keyword(s):  
Small Business ◽  
National Economy ◽  
Competitive Ability ◽  
Legal Protection ◽  
Retail Price ◽  
The State ◽  
Unfair Competition ◽  
Mutual Benefit ◽  
The Government

<p>In business competition there are often monopolistic activities which result in high prices for the game of business actors. This makes consumers uneasy because they do not get varied prices and fair prices, while for small business actors they do not have competitive ability. The existence of monopolistic practices and unfair competition is not in line with the constitution. Because the 1945 Constitution mandates that the national economy must be carried out by promoting people’s welfare. Therefore, the presence of the government is very necessary to realize the ideals mandated by the constitution and legislation. This study aims to analyze the mechanism and criteria for pricing by the state. The result is providing legal protection to consumers and other business actors, the government sets the highest retail price and the lowest retail price and provides subsidies to imported products that control the livelihoods of many people. This effort is carried out to realize mutual benefit between producers and consumers.</p><p>Dalam persaingan usaha sering terdapat kegiatan-kegiatan monopoli yang mengakibatkan tingginya harga atas permainan pelaku usaha. Hal ini membuat kegelisahan konsumen karena tidak mendapatkan harga yang variatif dan wajar, sedangkan bagi pelaku usaha kecil tidak memiliki kemampuan bersaing. Adanya praktik monopoli dan persaingan tidak sehat ini tidaklah sejalan dengan konstitusi. Karena UUD 1945 mengamanatkan bahwa perekonomian nasional harus dijalankan dengan mengedepankan kesejahteraan rakyat. Oleh karenanya, kehadiran pemerintah sangat diperlukan untuk mewujudkan cita-cita yang diamanatkan konstitusi dan peraturan perUndang-Undangan. Penelitian ini bertujuan untuk menganalisis mekanisme dan kriteria penetapan harga oleh negara. Sementara metodenya penelitian doktrinal dalam bentuk penelitian evaluatif. Pendekatan yang digunakan adalah pendekatan perUndang-Undangan. Hasil penelitian ini adalah bahwa dalam memberikan perlindungan hukum kepada konsumen dan pelaku usaha lainnya, pemerintah menetapkan harga eceran tertinggi dan harga eceran terendah serta memberikan subsidi pada produk-produk impor yang menguasai hajat hidup orang banyak. Upaya ini dilakukan untuk mewujudkan kemaslahatan bersama antara produsen dan konsumen.</p>

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.

scholarly journals Issue to the Legal Protection of the Use of the State Budget to Handling Covid-19

2021 ◽  
Vol 4 (1) ◽  
pp. 1168-1177
Author(s):  
Soesi Idayanti
Keyword(s):  
Legal Protection ◽  
The State ◽  
Government Policies ◽  
Economic Sectors ◽  
Financial Policies ◽  
State Budget ◽  
Government Grants ◽  
The Government ◽  
Precarious Situation

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

scholarly journals Hukum terhadap Konsumen dan Pelaku Usaha Lainnya melalui Intervensi Negara

2017 ◽  
Vol 1 (1) ◽  
pp. 81
Author(s):  
Muhammad Erwin Munthe
Keyword(s):  
National Economy ◽  
Legal Protection ◽  
Secondary Data ◽  
State Intervention ◽  
The State ◽  
Data Sources ◽  
Price Determination ◽  
Secondary Data Sources ◽  
Evaluative Research

Abstract Constitution mandates that the national economy should be run by promoting people's welfare. This study intends to analyze the mechanisms and criteria for state intervention in order to provide legal protection to consumers and other businesseman in creating healthy business competition. This study uses doctrinal method research in the form of evaluative research. The approach which is used is the approach of legislation with secondary data sources in the form of primary, secondary and tertiary legal materials. From the discussion and showed that the mechanism of state intervention is likethe delimitation of the price tolerance 10 % for rice, granting subsidies (BLT), market operations, tariff Arrangement of Impor Tax, Price Determination of Government Purchase (HPP), Restrictions of food exports. While the criteria for state intervention is the production branches which are important for the country and dominate the life of many people, the production branches are arranged legislation, organized by the state or body or institution established or designated by the government.AbstrakUndang-Undang Dasar 1945 mengamanatkan bahwa perekonomian nasional harus dijalankan dengan mengedepankan kesejahteraan rakyat. Penelitian ini bertujuan untuk menganalisis mekanisme dan kriteria intervensi negaradalam rangka memberikan perlindungan hukum kepada konsumen dan pelaku usaha lainnya dalam mewujudkan persaingan usaha sehat. Penelitian ini menggunakan metode penelitian doktrinal dalam bentuk penelitian evaluatif. Pendekatan yang digunakan adalah pendekatan perundang-undangan dengan sumber data sekunder berupa bahan hukum primer, sekunder dan tersier. Dari hasil pembahasan dan penelitian diperoleh bahwa mekanisme inrevensi harga adalahseperti penetapan batas toleransi harga 10% untuk beras, Pemberian Subsidi (Harga/BLT), Operasi Pasar, Pengaturan Tarif Bea Masuk Impor, Penetapan Harga Pembelian Pemerintah (HPP), Pembatasan Ekspor Pangan. Sedangkan kriteria intervensi negara yaitu pada cabang-cabang produksi yang penting bagi negara dan menguasai hajat hidup orang banyak, cabang-cabang produksi tersebut diatur undang-undang, diselenggarakan oleh BUMN atau badan atau lembaga yang dibentuk atau ditunjuk oleh pemerintah.

scholarly journals Equality before the Law Principle and the Legal Aid for the Poor: An Indonesian Insight

2021 ◽  
Vol 3 (4) ◽  
pp. 517-536
Author(s):  
Khoirum Lutfiyah
Keyword(s):  
Legal Protection ◽  
The State ◽  
Legal Aid ◽  
The Poor ◽  
Legal Problems ◽  
Basic Rights ◽  
The Law ◽  
The Government

Legal aid is something that is given by the state to people who are unable to get justice and their basic rights before the law. The state has an obligation to protect every citizen, especially legal protection for the poor or the poor. To ensure this protection, the government forms a law which can help the underprivileged or poor in dealing with the legal problems they experience. With the existence of the Law on Advocacy, the Law on Legal Aid, as well as the existence of this Legal Aid Institute, it is hoped that it will be able to reduce the burden on what people experience before the law, especially related to the costs of legal aid.

scholarly journals Sanksi Pidana Penyalahgunaan Pengangkutan Bahan Bakar Bersubsidi

2020 ◽  
Vol 1 (2) ◽  
pp. 281-285
Author(s):  
I Dewa Gede Sastra Buwana ◽  
I Wayan Rideng ◽  
I Ketut Sukadana
Keyword(s):  
Oil And Gas ◽  
Legal Protection ◽  
The State ◽  
Point Of View ◽  
District Court ◽  
Criminal Sanctions ◽  
Legal Literature ◽  
Legal Sanctions ◽  
The Republic ◽  
The Government

Oil and gas is a natural resource controlled by the state and is a source of vital commodities that play an important role in every human activity. The misuse of the transportation and trade of fuel subsidized by the government by certain individuals can take away the rights of the less fortunate and result in losses to the state. This research explains how to arrange the transportation or commercialization of subsidized fuel and to find out the criminal sanctions for the perpetrators of misuse of subsidized fuel. The research method used is Normative Law research. The statutory approach to the problem is to analyze from the point of view of statutory regulations and relevant theories. Sources of legal materials in this study are primary and secondary legal materials. The technique of collecting legal materials is obtained from legal literature materials by collecting, reading and recording legal materials related to the crime of misuse of subsidized fuels. The results of this study are first, the regulation of legal protection and supervision has been regulated in accordance with the provisions of Article 46 of Law No. 22 of 2001 on Oil and Gas. Second, legal sanctions against perpetrators of misuse of subsidized fuel: case at the Gianyar District Court (PN) case number 153 / Pid.Sus / 2017 / PN. Gin is cumulative in nature, as regulated in Article 55 of the Republic of Indonesia Law No. 22 of 2001, namely given a verdict in the form of a prison sentence of 10 (ten) months and a fine of 2 million rupiahs provided that if the fine is not paid, it is replaced by imprisonment for 2 (two) month

scholarly journals Upaya Indonesia Meningkatkan Pariwisata Maritim melalui Diplomasi Kebudayaan di Asia Tenggara

2017 ◽  
Vol 2 (1) ◽  
pp. 51 ◽  
Author(s):  
Harits Dwi W. ◽  
Bagus Subekti N.
Keyword(s):  
Economic Development ◽  
National Economy ◽  
Cultural Diplomacy ◽  
State Building ◽  
Tourism Industry ◽  
The State ◽  
The Third ◽  
The World ◽  
The Future ◽  
The Government

Indonesia is one of the largest archipelagic countries in the world, having more than 17,000 islands. It becomes one priority to the state building, more importantly in the national economy. State economic development can be driven by maximizing the potential of seawater through the tourism industry, especially in maritime tourism which is one part of the third pillars of the maritime axis. Maritime tourism may serve as an instrument of Indonesian diplomacy to compete in Southeast Asia’s tourism race. It could be very significant when the government is able to manage the potential resources. This paper argues that maritime tourism is potential for Indonesian development through maritime tourism industry in the future. This paper employs cultural diplomacy concept to describe how cultural diplomacy plays role as an instrument in promoting Indonesia’s tourism industry in the region.Keywords: maritime tourism, cultural diplomacy, tourism industry

Law Protection on Patients Toward The Health Services Conducted by Social Security Administrator for Health (Ssah) or BPJS in Accordance With The Limitation on Cataract Surgery

SOEPRA ◽  
2020 ◽  
Vol 6 (1) ◽  
Author(s):  
Chori Diah Astuti ◽  
Suherman Suherman ◽  
Arrisman Arrisman
Keyword(s):  
Health Care ◽  
Health Services ◽  
Social Security ◽  
Cataract Surgery ◽  
Health Care Services ◽  
Legal Protection ◽  
Secondary Data ◽  
The State ◽  
Care Services ◽  
The Government

Health is a primary right of every individual and must be guaranteed by the state; therefore, the state has regulated the health of its citizens as stipulated in the 1945 Constitution Article 28 Section 3 which is further regulated in law No. 40 Year 2004 concerning the national social security system. One of the concerns of the government is that many Indonesians who have reached the age of 50-60 years who experience vision problems due to cloudy eye lense or cataract. The government concern is can be seen from their attention on health problems by passing Minister of Health Regulation No. 29 Year 2016. Concerning with eye Health Care Services at the Health Care Amanities and the Director of Health Service Security on Health (SSAH) passed a regulationNo. 2 Year 2018 concering with cataract service security service.The Method Used in this study is a normative juridical method, using secondary data consisting of primary, secondary and tertiary legal materials. The end purpose of this study is to get clarity about the legal protection of patients against health services by the Health amenities and SSAH or BPJS with the existence of restrictions on cataract surgery and to find out the claim procedures concerning with this restriction.Keywords: Legal Protection, BPJS or SSAH, Cataract Surger.

ORGANIZATIONAL AND ECONOMIC MECHANISM OF IMPLEMENTATION OF THE STATE POLICY OF ECONOMIC RECOVERY OF THE SPHERES OF LIFE IN THE POST-CONFLICT TERRITORIES OF UKRAINE

2018 ◽  
Author(s):  
Hanna Telnova ◽  
◽  
Tamara Gurzhiy ◽  
Keyword(s):  
National Economy ◽  
State Policy ◽  
Social Life ◽  
Local Development ◽  
The State ◽  
Information Support ◽  
Economic Mechanism ◽  
Post Conflict ◽  
The Government ◽  
Key Participants

The article is devoted to the development of the organizational and economic mechanism for the implementation of the state policy for the restoration of the spheres of life in the post-conflict territories of Ukraine. Methods. To solve the set tasks, the essence of the organizational and economic mechanism for implementing the state policy of restoring the spheres of life in post-conflict territories of Ukraine was investigated and clarified, the methods of interaction between the government and local self-government bodies with key participants in local development were analyzed and systematized to maintain the efficiency and competitiveness of the region, the organizational and information support of the mechanism was substantiated. As a result of the study, an approach to the formation of an organizational and economic mechanism for the implementation of the state policy for the restoration of the spheres of life in postconflict territories of Ukraine was developed, a feature of which is the transformation of the emphasis on strengthening the institutional framework for creating dialogue, interaction and strong relationships between participants in post-conflict reconstruction from the state and communities in order to overcoming social and economic tensions accompanying post-conflict development. The proposed organizational and economic mechanism for implementing the state policy of restoring the spheres of life in post-conflict territories of Ukraine goes beyond its traditional understanding (with an emphasis on physical restructuring), takes into account the methods, levers and tools aimed at building inclusive institutions, spaces for dialogue between the state and participants in post-conflict reconstruction , the population, which helps to establish the relationship between economic and social life in the peaceful and post-conflict territories of the country, to overcome disproportions and alienation in the process of reintegration of territories into the national economy. The proposed mechanism makes it possible to overcome the economic problems of the affected territories and accelerate their reintegration into the national economy.

scholarly journals LINGKUNGAN HIDUP SEBAGAI SUBJEK HUKUM: REDEFINISI RELASI HAK ASASI MANUSIA DAN HAK ASASI LINGKUNGAN HIDUP DALAM PERSPEKTIF NEGARA HUKUM

2018 ◽  
Vol 26 (1) ◽  
pp. 1
Author(s):  
Abdurrahman Supardi Usman
Keyword(s):  
Legal Protection ◽  
The State ◽  
Legal Rights ◽  
Legal Person ◽  
Legal Subject ◽  
Environmental Disputes ◽  
Legal Standing ◽  
The World ◽  
The Government ◽  
New Perspective

Inspired by “Should Trees Have Standing? Toward Legal Rights for Natural Objects” (Christopher D. Stone, 1974) that popularized the doctrin: “environment as a legal subject”. This thesis was directly elaborating the relation between the constitutional aspect of the “state of law” and its admission of environmental rights, not just about the dimention of the philosophy of law but beyond of it: this thesis was discuss about the theoretical dimention of law and its relevance in Indonesia. At least there are two monumental cases in the world which were become the landmark case of environmental disputes resolution based of by the doctrin of ecocracy. In the dissenting opinion of the judge William O. Douglas in Sierra Club vs Morton’s case, United Stated of America (1972) and in the appeal decision of the Wheeler vs the Government of the provincial of Roja’s case, Ecuador (2011). Those cases had opened a new perspective in the legal proceeding that the environment had be approved as a legal person. In other words, the environment had recognized as a legal subject. Then, by using the conseptual approach and comparative of law approach, this thesis had elaborated the relevance of this doctrin: “The Environment as a Legal Subject” in Indonesian context then verified it with the related legal theories. Besides it all, in this thesis also discuss the relation between of the environmental legal protection and the state of law concept in the ecocracy and constitualism perspective framework. Hopefully this thesis would be the steping stone to realize the constitutionalisation the environment rights and to realize the legal standing innovation in the environmental disputes resolution.

scholarly journals PERLINDUNGAN HUKUM PEMEGANG HAK ATAS TANAH DALAM PENGADAAN TANAH UNTUK KEPENTINGAN UMUM

2017 ◽  
Author(s):  
Muhammad Yusrizal
Keyword(s):  
Public Interest ◽  
Legal Protection ◽  
The State ◽  
The Public ◽  
The Government ◽  
The Right ◽  
Sense Of Justice

Land procurement is the act of the government to realize the availability of land to be used in various interests for development as the public interest. Limitations of land owned by the government takes the land derived from the community to facilitate the course of development for the public interest. The existence of the land needs to be used by the government in carrying out development activities, but in its implementation should not be detrimental to the rights of the landowners. Therefore, for the government which needs the land can not arbitrarily to take the land belonging to the community/the holder of the right to the land which area is affected by development for the public interest. Therefore, the state should provide guarantee and legal protection to the holder of the land in land procurement activity for public interest. So that the implementation of land procurement will be able to provide a sense of justice for the community affected by the development and provide security to the life of the community.

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