scholarly journals Analisis Kebijakan Peraturan Daerah Yang Mengandung Materi Muatan Ajaran Islam Di Kota Palembang

2018 ◽  
Vol 18 (2) ◽  
pp. 147-166
Author(s):  
Kiki Mikail
Keyword(s):  
Local Government ◽  
Common Good ◽  
General Rule ◽  
Free Variable ◽  
Regional Government ◽  
Descriptive Research ◽  
The Republic ◽  
The Right ◽  
Article 5 ◽  
Made In

This research is analytical descriptive research. This study places policy analysis and as the main and free variable that will influence the process of establishing a Regional Regulation as a dependent variable. In article 5 of the Republic of Indonesia Constitution states that the regional government has the right to determine regional regulations or other regulations in order to carry out regional autonomy.The local government of Palembang has issued three local government regulations that have Islamic sharia laws, namely regional regulation number 2 of 2004 concerning the eradication of prostitution, regional regulation number 11 of 2006 concerning the prohibition of circulation and sale of alcoholic products and local regulations on zakat. in order to be right on target and more effective, some variables need to be considered by Palembang stakeholders so that the Regional Regulations that are stipulated are not just legality, but more than that it must be a general rule that all local regulations are made in order for the common good Palembang community. Keywords : Political Analys, local goverment regulations, local autonomy, the politics of sharia law

THE CONSTITUTIONAL RIGHT OF ACCESS TO PUBLIC SERVICE ON THE SAME TERMS AND THE ISSUE OF EMPLOYING A LOCAL GOVERNMENT EMPLOYEE FOR THE PERIOD OF REPLACEMENT – REFLECTIONS ON THE TOPIC

2021 ◽  
Vol specjalny (XXI) ◽  
pp. 93-100
Author(s):  
Bogusław Przywora
Keyword(s):  
Local Government ◽  
Public Service ◽  
General Rule ◽  
Legal Regulation ◽  
Point Of View ◽  
Government Employee ◽  
Constitutional Right ◽  
The Republic ◽  
The Right ◽  
Right Of Access

The study attempts to analyse the legal regulation concerning the employment of a local government employee for a replacement period from the point of view of the constitutional right of access to public service on equal terms. The study refers jurisprudence (in particular to the decisions of the Constitutional Tribunal). This solution is an exception to the general rule of competitive and open recruitment. It should be emphasised that the right resulting from Article 60 of the Constitution of the Republic of Poland is not absolute. Hence the introduction of „exceptions” is permissible. However, this should be supported by another constitutional value. The analysed statutory regulation is only temporary (for the period of excused absence of an employee). It is based on the principle of efficiency and reliability of public institutions resulting from the preamble to the Constitution of the Republic of Poland. The purpose of this solution is to ensure the effective performance of tasks by the local government.

scholarly journals Case of Bistieva and Others v. Poland

2020 ◽  
Vol 8 (2) ◽  
pp. 129-139
Author(s):  
Anna Magdalena Kosińska
Keyword(s):  
Family Life ◽  
European Convention ◽  
The European Union ◽  
Council Of Europe ◽  
Irregular Migrants ◽  
Alternative Measures ◽  
Minor Children ◽  
The Republic ◽  
The Right ◽  
Article 5

The present commentary concerns the claims alleging a violation under Article 5 paragraph 1 (the right to liberty and security of a person) and paragraph 4 (the right to take proceedings to determine the lawfulness of the detention) of the European Convention on Human Rights and Article 8 (the right to respect for private and family life) ECHR by using detention by the Republic of Poland for the period of almost 6 months with regard to a family of third-country nationals. The applicant in the case was a national of Russia, Zita Bistieva and her three minor children. The judgement under discussion is significant from the perspective of strengthening the guarantees for the protection of the rights of irregular migrants in the system of both the Council of Europe and the European Union, on the grounds of the concept of equivalent protection adopted in EU primary law. The ruling in question also refers to the fact that the Member States do not sufficiently resort to alternative measures with regard to the detention of foreign nationals.

scholarly journals DUALISME PEMBATALAN PERATURAN DAERAH PROVINSI DENGAN PERATURAN PRESIDEN DAN PERATURAN MENTERI DALAM NEGERI

2015 ◽  
Vol 4 (1) ◽  
Author(s):  
Gde Edi Budiartha
Keyword(s):  
Local Government ◽  
Government Regulation ◽  
Central Government ◽  
Regional Government ◽  
Regulatory Oversight ◽  
Legal Concept ◽  
State Supervision ◽  
Presidential Decree ◽  
The Republic ◽  
And Control

Local regulations are local regulations that are established by local specificities recognized by the Constitution of the Republic of Indonesia-1945 as part of their decentralization. Local regulations can not contradict the legislation of higher order not to cause a result of the cancellation. This cancellation is the authority of the central government in relation to the unitary state. Supervision by the central government there are two models of preventive supervision and oversight repesif. Cancellation regulatory oversight repesif area is conducted on local government. Cancellation Provincial Regulation made by the President and the Minister of the Interior gave rise to a dualism. For it will be discussed on How cancellation arrangements are made with the Provincial Regulations and Regulations Presidential Decree of the Minister of the Interior? 2. What is the legal effect of the cancellation of Provincial Regulation by Presidential Decree and the Regulation of the Minister of the Interior? The issues discussed using normative research by using the approach of legislation, the legal concept analysis approach, in order to obtain answers that dualism cancellation provincial regulations stipulated in several laws including Law No. 32 Year 2004 on Regional Government, Law No. 28 year 2009 on Local Taxes and levies, Government Regulation No. 79 Year 2005 on Guidelines Direction and Control of Local Government, Minister of the Interior No. 1 Year 2014 on the Establishment of the Regional law Products stating that the authority of the cancellation of regulations made by the President of the instrument while the Presidential Decree cancellation made by the Minister of the Interior was limited to cancellation Draft Regional Regulation on stage during the evaluation of preventive supervision and legal consequences caused by the dualism cancellation of local regulations are different between cancellation made by the President and minister of Interior. Cancellation is cancellation of its President in the field of executive interim final cancellation made by the Minister of the Interior if the local government to enforce the local regulations canceled Interior Minister will ask the cancellation to the President.

scholarly journals RECONSTRUCTION OF THE LOCAL GOVERNMENT MODEL BASED ON THE CONCEPT OF THE FOUNDING FATHERS AND THE 1945 CONSTITUTION JUNCTO THE 1945 CONSTITUTION OF THE REPUBLIC OF INDONESIA TOWARS MODERN LOCAL GOVERNMENT

2018 ◽  
Vol 7 (3) ◽  
pp. 534
Author(s):  
Chanif Nurcholis ◽  
Sri Wahyu Kridasakti
Keyword(s):  
Local Government ◽  
Local Governance ◽  
Current System ◽  
Regional Government ◽  
Colonial Era ◽  
Founding Fathers ◽  
Governance Model ◽  
Content Analysis Method ◽  
The Republic ◽  
The Village

<p>The model of local governance has always changed since Indonesian independence, namely centralized and decentralized model. According to Law Number 23 of 2014 and Law Number 6 of 2014 the model of regional government returned to the traditional conservative centralized model. This model is not in accordance with the model of local government initiated by the founding fathers and norms of Article 18 of the 1945 Constitution and norms of Article 18, 18A and 18B of the 1945 Constitution of the Republic of Indonesia (after amendment). According to this problem, text research is conducted. The purpose of this study is to compare the models of local governance practiced since the colonial era until now with the model of local government conceived by the founding fathers and the 1945 Constitution. This research is a normative research with content analysis method. The result of the research is that the current system of local government deviates from the founding father conception (Muhammad Yamin, R. Soepomo, and Mohammad Hatta) and the 1945 Constitution. The conception of local government according to the founding fathers and the 1945 Constitution is modern urban decentralized regional government while the regional and village governments are regulated by Law Number 23 of 2014 on The Local Government juncto Law Number 6 of 2014 on The Village is a conservative and traditionally centralized of the local governance model.</p>

scholarly journals Pengelolaan Barang Milik Daerah Berdasarkan Peraturan Pemerintah Nomor 27 Tahun 2014 tentang Pengelolaan Barang Milik Negara/Daerah

Lentera Hukum ◽  
2017 ◽  
Vol 4 (2) ◽  
pp. 131
Author(s):  
Era Nandya Febriana ◽  
Jayus Jayus ◽  
Rosita Indrayati
Keyword(s):  
Local Government ◽  
Central Government ◽  
Local Property ◽  
Regional Government ◽  
Personal Interest ◽  
Regional Autonomy ◽  
Unitary State ◽  
Local Government Management ◽  
The Government ◽  
The Right

Indonesia is the Unitary State. It is understood that within a unitary state, the central government operates a high state sovereignty. In order not to be arbitrary, the activities of the central government are supervised and limited by the constitution. The government which is divided from the Central Government to the Regional Government included Regional Autonomy therein, as well as the authority of the Regional Government, is on duty to manage the Regional Property. In carrying out its authority as an administrator of local property, there are still many abuses or omissions committed by the local government in operating its authority in managing regional property, such as the negligence of the Regional Assets, the misuse of authority in the revocation of rights already granted by the regional government on the right to use of local property, using local property for personal interest. In the management of regional property required planning, implementation, and supervision by the local government in accordance with applicable laws and regulations in the constitution. Keywords: Authority, Local Government, Management of Regional Property

scholarly journals Tinjauan Hukum Islam tentang Perlindungan Saksi dalam Undang-undang Perlindungan Saksi dan Korban Tahun 2006

2020 ◽  
Vol 22 (2) ◽  
pp. 302-324
Author(s):  
Muhammad Shafwan ◽  
M. Zayin Chudlori
Keyword(s):  
Islamic Law ◽  
Protection Agency ◽  
Sense Of Security ◽  
Victim Protection ◽  
The Law ◽  
The Republic ◽  
The Right ◽  
Article 5

This article aims to find out: (1) how is witness protection in Law of the Republic of Indonesia Number 13 of 2006 and witness protection in Islamic law? The results of the study concluded that; firstly, the protection of a witness in the Law of the Republic of Indonesia Number 13 of 2006 (Article 5) explains that a witness has the right to obtain protection for his personal, family, and property security, and is free from threats relating to testimony which will, is, or has given. The meaning of protection here is the efforts to fulfill the rights and provide assistance in the sense of security to witnesses that must be carried out by LPSK (Witness and Victim Protection Agency) or other institutions per the provisions of this law. Secondly, even though the mechanism for protecting a witness is not regulated in detail, but Islam highly appreciates a witness who is willing to give testimony in the disclosure of a case, namely by forbidding killing the witness.

scholarly journals Parens Patriae as a Basis for Provincial Standing in Judicial Review of Federal Decisions

2008 ◽  
Author(s):  
William R. MacKay
Keyword(s):  
Judicial Review ◽  
Attorney General ◽  
General Rule ◽  
The United States ◽  
Special Treatment ◽  
Federal System ◽  
Regional Government ◽  
Public Rights ◽  
Parens Patriae ◽  
The Right

As a general rule, legal action can only be pursued by those who have a right infringed in a court that is able to remedy the infringement. Courts can remedy breaches of private rights and public rights. Typically, purely public rights can only be asserted in a court by the Attorney General. In a federal system, the role of the Attorney General as the parens patriae endowed with jurisdiction to assert public or sovereign rights in court on behalf of the nation-state is bifurcated. As such, courts must address the issue of standing when a regional government is relying on public rights to seek judicial review of federal decisions. In the United States, the courts have recognized that states should have special treatment with respect to standing where they are seeking to protect "quasi-sovereign" interests. Quasi-sovereign interests include the right of a state and its citizens to full and equal participation in the federation. Canadian courts have addressed this form of standing peripherally but not in any great detail. This article will examine the nature of the parens patriae form of standing in a federal system and examine whether this form of standing should be recognized by Canadian courts.

scholarly journals Transposition of the Acquis communautaire on information and consultation of employees into the legislation of the Republic of Moldova

2021 ◽  
pp. 211-216
Author(s):  
Teodorina Goriuc ◽  
Keyword(s):  
General Situation ◽  
Work Unit ◽  
Acquis Communautaire ◽  
Association Agreement ◽  
Republic Of Moldova ◽  
Right To Work ◽  
The Republic ◽  
The Individual ◽  
The Right ◽  
Made In

Informing and consulting employees, either on the general situation of the community within the work unit, or on the particular requirements and circumstances of the execution of work by the individual is an indispensable guarantee of the proper realization of the right to work. The normative changes made in recent years, following the signing of the Association Agreement and the establishment of harmonization priorities in the acquis communautaire, serve indispensable to create a formal and procedural climate sufficient for the proper exercise of the fundamental right to work and association in labor interests. Considerably the normative gaps capable of limiting their exercise.

scholarly journals On the Legal Support for the Activities of Khakims in the Republic of Karakalpakstan and Improvement of Their Functions

2020 ◽  
Vol 6 (9) ◽  
pp. 324-329
Author(s):  
Zh. Ermashev
Keyword(s):  
Local Government ◽  
Early Termination ◽  
Executive Power ◽  
Legal Basis ◽  
Local Authorities ◽  
Control Functions ◽  
The Republic ◽  
The Right

The article discusses the legal basis for organizing the activities of the khakims of cities and regions of the Republic of Karakalpakstan, makes a number of proposals aimed at improving the legislation on local authorities and the practice of their activities. In the legislation on local authorities, it is necessary to provide for norms on the responsibility of khakims and local government bodies, on the early termination of the powers of the khakim, as well as on increasing the influence of deputies of local government bodies. In order to strengthen the control functions of the representative body of power, it is necessary to give it the right to pass a vote of no confidence to the khakim as the head of the executive power.

scholarly journals ANALISIS PENETAPAN PERATURAN DAERAH NOMOR 18 TAHUN 2017 TENTANG APBD KABUPATEN SINJAI TAHUN ANGGARAN 2018

2019 ◽  
Author(s):  
Muhammad Suyuti
Keyword(s):  
Qualitative Research ◽  
Local Government ◽  
Research Data ◽  
Fiscal Year ◽  
Regional Government ◽  
Local Regulation ◽  
Descriptive Research ◽  
Regional Budget ◽  
Research Type

This research aims to determine the interaction of actors (Local Government and Regional Budget/APBD) Sinjai District in the discussion and determination of the Budget District Sinjai Fiscal year 2018. This reseach is also aimed to know the process of discussion of the draft of regulation about APBD of Sinjai Regency 2018 based on the regulation of Minister of Home Affairs No. 33 the year 2017 about Guidance of Budget formation of fiscal year 2018. This research was conducted in DPRD of Sinjai Regency with a research base used in this research is qualitative research by using descriptive research type. This research illustrates in depth the interaction between DPRD members and the Regional Government of Sinjai District along with their staffs in the process of discussion and determination of the Sinjai District Budget for Fiscal Year 2018. Research data obtained from the members of the Regional House of Sinjai, Chairman of The Commission of DPRD Sinjai and leaders of the Organization of Regional Devices. The results of the research indicate that the process of deliberation on the draft of Regional Regulation concerning APBD of Sinjai Regency is inconsistent with the regulation of the Minister of Home affairs No. 33 year 2017 Concering Guidelines for the Preparation of APBD for Budget year 2018. The agreement between DPRD and Local Government of Sinjai Regency toward the draft of Local Regulation Concerning APBD of Sinjai Regency Budget Year 2018 on November 30, 2018 is in accordance with Regulation of Minister of Home Affairs No.33 year 2017 about Guidance of Depreciation of APBD of Fiscal Year 2018.

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