scholarly journals Legal Aspects of Cooperatives’ Issuance of Products to Non-Member Communities in Indonesia

Lentera Hukum ◽  
2021 ◽  
Vol 8 (2) ◽  
Author(s):  
Dhia Novita Adristi ◽  
Elisatris Gultom ◽  
Pupung Faisal

Regulations in the business activities of savings and loan cooperatives that allow cooperatives to collect funds from prospective members result in the possibility of issuing product to non-member communities. This study analyzed that the practice of issuing products to non-member communities is a deviation of cooperative’s business activity based on the laws and regulations in the cooperative sector and eliminates the identity of the cooperative in the form of the principle of membership, which is the specialty of the cooperative and the purpose of a cooperative business entity for the welfare of its members. The study used a normative approach, which aimed to examine existing regulations and relate to legal principles and theories. This study was descriptive-analytical by explaining, describing, and correlating legal rules and theories with the problems regarding the raise funds business from prospective members. It accounted the cooperative regulations, objectives, and principles of membership in cooperatives to the practice of issuing products to non-member communities that deviate from statutory regulations does not arise. This study showed that the practice of publishing products to non-member communities is a deviation from statutory regulations, objectives, and membership principles in cooperatives. In the meantime, the implementation of cooperatives while maintaining cooperatives' identity requires the role of all cooperative actors, the government, and the general public in preventing and following up on savings and loan cooperative practices that eliminate membership rights for service users. KEYWORDS: Cooperative Law, Cooperatives in Indonesia, Economic Democracy.

2021 ◽  
Vol 25 (2) ◽  
pp. 353
Author(s):  
Aliyandi Aliyandi

This research is to explain about the role of Dakwah communication strategy in the empowerment of the labor community in Panjang Sub-District, Bandar Lampung in improving the practice of the implementation of sharia. This is descriptive qualitative research, where the data were collected throuh interviews, observation, and documentation. The data were then analyzed qualitatively using inductive thinking approach. The result of this research shows that the communication strategy used by  the preacher in Panjang Sub-district was by giving motivation through the message of dawah conveyed to the community, Providing religious guidance, including religious activities such as five-time prayer, memorizing prayers, taking care of the corps and protecting the environment, establishing good relations with  the community, either through regular recitation at the ta’lim assembly or taking the advantage of Arisan for savings and loan activities, interacting and seeing firsthand situation and conditions that exist in the community, then cooperate with the government by providing assistance in the form of funds and food. The most inhibiting factor is mad’u, especially in terms of understanding the message (somatic), closed to change (self-image), and motivation, marked by the passiveness  communicant in receiving da’wah from the preacher because the preacher can not fully know the limits of somatic knowledge from the community.


Author(s):  
- - Misran

There are two questions in the study under study, namely: First, what is the knowledge and understanding of students in Gayo Lues District Madrasah Ali about the implementation of the Jinayat Aceh Qanun Number 6 of 2014? Secondly, What is the knowledge and role of the Gayo Lues District Madrasah Aliyah religious teacher in disseminating to students about the enactment of the 2014 Jinayat Aceh Qanun? This study uses a normative juridical and sociological juridical approach. The normative juridical approach is done by first examining the Aceh regulation or qanun that is relevant to the problem under study. In other words the normative approach is to examine library materials or secondary data which includes primary, secondary and tertiary legal materials. The results showed that Gayo Lues State students in general knew about the implementation of Islamic Shari'a in Aceh, but the majority of them did not know and understand about the material regulated in Aceh No. 3 Qanun. 6 of 2014. Especially they do not know and understand about the terms contained in the Aceh jinayat qanun. Among the terms referred to in the Jinayat Aceh Qanun Number 6 of 2014 are Jarimah / Jinayat, Uqubat, Hudud, Ta'zir, Khamar, Maisir, Khalwat, Ikhtilath, Adultery, Sexual Harassment, Rape, Qadzaf, Liwath, Business. Students only know the term zina, sexual harassment, rape. While the Fiqh teacher knows and understands the qanun, but does not have the authority to socialize it, because the subjects in this madrasa refer to the 2017 revised 2017 curriculum, so the syllabus and lesson plans have been determined by the government based on the curriculum.Keywords: Socialization, Qanun Jinayat Aceh, Madrasas, Gayo Lues


2020 ◽  
Vol 8 (4) ◽  
pp. 1456-1462

This study seeks to examine the concept of final mediation in the settlement of bankruptcy disputes as a form of alternative dispute resolution which has been opted by the disputing parties outside of court. The study used a normative legal research approach by investigating legal rules, legal principles, and legal doctrines to answer the legal problems faced. The results of the study show that the mediation is only a voluntary option as the Supreme Court’s Decree on Bankruptcy does not require any mediation in the settlement. It will be argued that the process of mediation is cheaper, faster, and simpler than the settlement process through the court. The implementation of mediation as a final settlement in bankruptcy disputes is a form of a person's civil rights that must be respected and upheld high as a form of agreement and contract made in accordance with Article 1320 in conjunction with Article 1338 of the Civil Code. The principle is an embodiment of the philosophy of natural law stipulating that rationally human being is given the right to freedom to perform acts. The final mediation for the settlement of bankruptcy disputes should be based on a peace agreement made by both creditors and debtors in good faith with reference to articles 1851, 1858 of the Civil Code and article 1338 in conjunction with article 1320 of the Civil Code. Thus, the study suggests that it is necessary to establish a national private mediation institution by the government or by the competent authorities.


2020 ◽  
Vol 8 (2) ◽  
pp. 311-332
Author(s):  
Khiyaroh Khiyaroh

The Plenary Meeting of the Supreme Court is a system established to maintain the unity of the application of the law and the consistency of the judge's decision. This system is carried out every year and starts in 2011. In the plenary meeting of the Supreme Court there is a division of rooms according to the abilities of each judge divided into five rooms. Namely the criminal chamber, civil chamber, state administration room, religious chamber, and military room. In the case of the plenary chambers of religion there are a number of things that are regulated every year and there are some rules that have been reformulated. With the existence of the plenary chamber of the Supreme Court of Religion, the rules in it partly reflect the purpose of family law legislation. But there are rules that are actually on the contrary to the goals of family law legislation. This paper aims to find out how the role of SEMA as a result of the Plenary Meeting of the Supreme Court of the Supreme Court has been in accordance with the objectives of Law No.1 of 1974 concerning marriage. This research is a library research with a juridical approach by looking at the legal rules and legal principles, and is analytic descriptive. The results obtained are the rules in the SEMA as the results of the plenary meeting of religious chambers are not all in line with the objectives of the Indonesian marriage law.  Keywords: Supreme Court, Plenary Chamber, Purpose of Family Law.


2021 ◽  
Vol 2 (1) ◽  
pp. 121-140
Author(s):  
Veronika Ondrášková

The paper focuses on the institution of the Corrector of the Clergy within the Diocese of Prague. This ecclesial administrative representative was a criminal judge who also oversaw the moral conduct of the clergy. The paper compares legal rules set by the Church for the clergy through synodical statutes and an actual enforcement of these duties by the Corrector. The paper analyses the judicial book covering the period from 1407 to 1410, examining the judge’s approach to moral delicts (breach of celibate, etc.), which constituted the majority of the cases. Emphasis is given on the prescribed punishments.


PERSPEKTIF ◽  
2019 ◽  
Vol 7 (2) ◽  
pp. 46
Author(s):  
Marlina Sinaga ◽  
Usman Tarigan ◽  
Rosmala Dewi

<h1>In the community there are still many publik complaints in terms of the role of govrmment, which is still not well targeted by carrying out duties and responsibilities to the community should every govermment have the ability to further improve the quality of service. As determined by the governement agenciens in the districk pangururan Samosir districk is expected to improve the quality of the government’s more responsible performance as by the government in serving the community. In this case formulation of the formulation of the problem is how the role unit manager activities (upk) pnpm indendent in improving the welfare of society therough savings and loan lending as for the purpose of this study is to find out how UPK PNPM independent office in pangururan district samosir districk. The method in this research is qualitative by using technique of observation, interview and documentation based on the result is this study followed by analyzing the data obtained, then the result is the role of independent upk pnpm in improving the welfare of the community in the districk pangururan samosir districk can be said either. Seen from the progressof members of the spp group as well as, the role of independent UPK PNPM corres panding to the soup. Role</h1><h1> </h1><br />


2019 ◽  
Vol 1 ◽  
pp. 14-20
Author(s):  
V. Yu. Panchenko ◽  
◽  
V. N. Vlasenko ◽  
◽  

The author substantiates the thesis that legal rights and obligations (permissions, obligations, prohibitions) by the method of their logical and linguistic expression can be concrete and abstract. The first way is inherent in legal rules, the second – in legal principles. Principles of law are able to act as a guide to action, i. e. to direct, regulate behavior in the most general, abstract form, not only along with, but also instead of the rules of law (regulation of social relations by principles). The author proves the unfoundedness of the theoretical provisions considering principles of law as normative generalizations (since there are cases when there are no norms to be generalized, but there are principles governing this area of public relations) and interpreting principles of law as permitting normative generalizations (since principles can both oblige and prohibit one behavior or another). A theoretically productive and useful for legal practice understanding of principles of law as the initial legal regulator of public relations (V. Ershov) is additionally argued. With this approach, it is possible to objectively detect specific and abstract rules of behavior governing particular segment of public relations in the texts of formal sources of law. The possibility of legal consequences (of both positive and negative nature) of implementation or non- (or improper) implementation of legal principles is indicated. The legal nature of the principles of law is emphasized and the negative consequences of giving the role of the principles of law to social, moral, political and other categories, ideas and ideologies are identified.


Res Publica ◽  
2000 ◽  
Vol 42 (1) ◽  
pp. 105-117
Author(s):  
Willy Peirens

The unique character of the socio-economic negociations in Belgium has lost much of its glamour and prestige during the last quarter of the 20th century.  While before 1975, there was more or less agreement among the social partners to redistribute welfare to the whole society, after the first oil crisis employers tended to see themselves in competition with other employers, with the trade unions and with the state. Both employers' organisations as trade unions wanted to safeguard their own priorities, respectively the competitiveness of the enterprises and the system of indexation. As a consequence, it became very difficult to reach agreements and hence, there have been no or only very small interprofessional agreements signed since 1975.The role of the government in this period evolved from the role of host for the negociations to that of co-actor and finally to director. When no agreement was possible between the social partners, the govenrment itself took the initiative and both trade unions and employers' organisations tried to lobby the government rather than being partners in negociations. The measures of the government, especially those taken with extra-ordinary powers, were often beneficial for the employers. Despite the emphasis by the trade unions on employment, their efforts beared not much fruit. The first priority of both the government and the employers was the enhancement of the financial and the economic situation of the country. Since the interprofessional agreement of 1999-2000, a new period bas begun. Trade unions and employers' organisations are constrained by what happens in the rest of Europe. Between these constaints, they can negociate and conclude agreements on the basis of freedom and responsibility.The level of negociations shifted in this period from the interprofessional level to the level of the sector or even to the level of the enterprise. Another trend is the creation of an institutional framework for social talks on the Flemish level.The challenges for the future are the installation of a European or even an international world-wide institutional framework for social negociations and the development of themes as permanent education, quality of life and work and the enhancement of the socio-economic democracy.


2019 ◽  
Vol 4 (1) ◽  
pp. 105
Author(s):  
Raden Ani Eko Wahyuni ◽  
Darminto Hartono

Micro, Small and Medium Enterprises try to grow and develop their business in order to build a national economy based on equitable economic democracy. The position of MSMEs is very important in economic development It is very important to do protection. Protection of MSMEs is assistance and support made by the government towards MSMEs. Protection in legal action, assistance in the production process to marketing and support in terms of capital. There is a debate that is found is how to issue law by the government in empowering MSMEs to realize equitable economic prosperity.The research in this paper used a normative juridical research method. The approach used in this study is socio legal approach which the law is conceptualized as a set of regulation that is valid in the society and the validity will be affected by other factors.This study intends to measure the extent of the role of the government and what efforts are being made especially by regional governments, in this case the Central Java Provincial Office of Cooperatives and SMEs in implementing legal protection in empowering MSMEs to realize economic welfare. 


2002 ◽  
Vol 36 (01n02) ◽  
pp. 113-132 ◽  
Author(s):  
FUNG YI CHAN ◽  
SHUK FAN CHU

This article presents and analyses the background to the resistance of many frontline welfare practitioners against the recent introduction of reforms to the welfare management and subvention system and process in Hong Kong. The "progress" discourse optimistically engaged in by the government is challenged by a rather pessimistic assessment by workers, accompanied by a strong critique of the compromises welfare management groups have agreed to when accepting the Lump Sum Grant proposal. The context of the reform is interpreted as a strategic repositioning by the post-1997 government, intent at rebuilding its legitimacy and re-assigning the role of the welfare sector within its vision for the future. In the course of a long conversation between the two authors, one an academic, the other a core organiser in the "Alliance for the Protection of Welfare" several important areas of discourse were touched upon: the nature of welfare and its normative underpinning; social workers' struggle to relocate themselves within the emerging managerial paradigm; the search for an environment in which dialogue between the various parties would allow open negotiation about a more positive reform of the welfare system. The relationships among workers, management, government and service users are interpreted within a historical perspective, looking back at the constitution of the problem on both the level of Hong Kong as well as, more theoretically, on the level of (Western) welfare states. 近日香港政府提出社会福利管理及津助制度的「改革」,受到前线同工大力反对。 本文旨在勾画出相关的背景脉络,以助了解同工的「悲 观」判断怎样质疑官方铺陈的乐观「进步」论,及批评管理阶层在接纳一笔过拨款上的妥协态度, 展示当中蕴含的重要议题。 改革的背景被理解作九七后特区政权的策略性再定位,在新的发展远景下以重建管治的合法性,亦重新厘订社会福利的角色。 本篇文稿是由学院成员与「捍卫社会福利大联盟」的组织者合撰,透过真诚的详谈,尝试剖析以下范畴: 福利的性质及价值规范、 在管理典范逐渐形成下前线社会工作员的挣扎、 及寻求一个有利对话的环境,以促进开放的态度磋商较具积极意义的福利改革。 在探讨前线同工、 管理阶层、 政府及服务使用者的多角关系时,更从历史的进程思考如何构成现今的问题, 当中涉及香港的独特环境及西方社会福利国家的理念性讨论。


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