Penerapan Teknik Analytical Hierarchi Process (AHP) Dalam Pengambilan Keputusan Pembiayaan Produktif (Studi Kasus Pada Bank JATIM Syariah Cabang Darmo)

2017 ◽  
Vol 3 (4) ◽  
pp. 311
Author(s):  
Firdausi Nuzula ◽  
Dina Fitrisia Septiarini
Keyword(s):  
Decision Making ◽  
Harmonic Average ◽  
Major Criterion ◽  
The Law ◽  
The Government

The purpose of this study was to determine the main criteria of decision-making for productive financing based on the level of interest by using AHP technique. Results of this study is the capital criteria become a major criterion in the decision-making productive financing. Most important sub-criteria of Character is payment commitments. Most important sub-criteria of Capacity is obtained from customer turnover per month. Most important subcriteria of Capital is trackrecord of prospective customer payments. Most important subcriteria of Collateral is the ownership of the collateral and the authenticity of the documents. Most important sub-criteria of Condition of Economy is the business both in the side of the law and the government. The results of all the weighting of criteria and sub-criteria through the process of harmonic average from seventh informant’s answers.

scholarly journals The Draft Mental Incapacity Bill

2014 ◽  
Vol 1 (10) ◽  
pp. 16
Author(s):  
Camilla Parker
Keyword(s):  
Decision Making ◽  
Current System ◽  
Reform Process ◽  
Decision Making Process ◽  
Comprehensive Reform ◽  
The Law ◽  
The Government ◽  
Significant Stage ◽  
Draft Bill ◽  
Consultation Paper

<p align="LEFT">Despite the general agreement with the Law Commission’s assessment of the failings of the current system for decision-making on behalf of people who lack the capacity to make decisions for themselves, the steps towards achieving comprehensive reform, as recommended in its report, Mental Incapacity, has been a protracted process. Mental Incapacity was followed, two years later, by a consultation paper – 'Who Decides? Making Decisions on Behalf of Mentally Incapacitated People' – in which the Government sought views on the Law Commission’s recommendations for reform. In October 1999, the Lord Chancellor’s Department published 'Making Decisions', which set out the Government’s proposal for reform, "in the light of the responses to the consultation paper Who Decides".</p><p align="LEFT">In June of last year the reform process moved to a significant stage with the publication of the Government’s draft Mental Incapacity Bill (‘the Draft Bill’). This set out proposals to reform the law: "in order to improve and clarify the decision making process for those aged 16 and over who are unable to make decisions for themselves." Thus provisions set out in the Draft Bill are based on the Law Commission’s recommendations.</p>

The Legal Framework on Disappearances in Mexico: From Demands to the Law and Back to Demands

2021 ◽  
pp. 97-122
Author(s):  
Sandra Serrano ◽  
Volga de Pina Ravest
Keyword(s):  
Decision Making ◽  
Legal Framework ◽  
Institutional Changes ◽  
Legal Authority ◽  
Legal Change ◽  
General Law ◽  
Institutional Structures ◽  
The Law ◽  
Persistent Violence ◽  
The Government

This chapter explains that the General Law on Disappearances in Mexico is a legal change achieved by a broad mobilisation of families of victims of disappearance in a challenging context of persistent violence in the country. The Law helps to improve the relevant standards related to searching for disappeared persons, guaranteeing the rights of the victims’ families, furthering the investigation of forced disappearance caused by the government and/or individuals, as well as creating the institutional structures focused on the search for persons. Despite this, the law’s innovative advances coexist alongside previous institutional mechanisms that perpetuate practices contrary to the rights of victims and their families, which risk neutralising the Law. Accordingly, the chapter focuses on the promotion of legal mobilisation strategies in countries, such as Mexico, which accept normative and institutional changes without worrying about their enforcement, since, in practice, new provisions clash with previously created structures that have similar legal authority but greater decision-making power, and are, thus, better able to exercise that authority.

Wither Legislative Supremacy?

2020 ◽  
pp. 191-214
Author(s):  
Adam B. Cox ◽  
Cristina M. Rodríguez
Keyword(s):  
Decision Making ◽  
Immigration Policy ◽  
Separation Of Powers ◽  
Immigration Law ◽  
Legal Regime ◽  
System P ◽  
Democratic Engagement ◽  
History Of ◽  
The Law ◽  
The Government

This chapter evaluates a central critique of the President’s power to make policy through enforcement, embodied in Justice Anthony Kennedy’s exclamation that President Obama’s relief initiatives would have turned the government “upside down.” This worry that the Executive might transform its authority to enforce the law into a legislative power that belongs to Congress is misplaced. The history of presidential immigration law underscores why. After demonstrating the impossibility of constraining enforcement judgments through a lawyerly search through the immigration code for congressional priorities, the chapter then explains and defends a two-principals model of decision-making, using the terms of contemporary separation of powers theory. The governance in which the Executive engages as a co-principal in the formulation of immigration policy provides a vital complement to the legislature, not only by checking legislative excess and adapting the legal regime in response to the effects of the law on the ground, but also by expanding possibilities for democratic engagement and policymaking within an otherwise sluggish system.

Making decisions for the mentally incapacitated adult

2000 ◽  
Vol 10 (4) ◽  
pp. 375-380
Author(s):  
Nicola Glover-Thomas
Keyword(s):  
Decision Making ◽  
Final Outcome ◽  
Decision Making Process ◽  
Policy Statement ◽  
Ethical Aspects ◽  
Commission Report ◽  
The Law ◽  
The Government ◽  
Draft Bill ◽  
Law Commission

IntroductionThis paper considers the approach to decision-making on behalf of mentally incapacitated adults. It updates and revises the 1996 article Ethical Aspects of the Law Commission Report on Mental Incapacity in this journal. The Law Commission Report No. 231, Mental Incapacity, issued in February 1995, was the final outcome of a lengthy and wide-ranging process of consultation. This process resulted in four consultation papers over a period of four years. The Government did not support the Law Commission’s draft bill on mental incapacity and a further consultation period was initiated (Who Decides? Making Decisions on Behalf of Mentally Incapacitated Adults, Cm. 3803). This process culminated in October 1999 when the Lord Chancellor’s Office issued its report, Making Decisions (Cm. 4465). This policy statement sets out the Government’s proposals to improve the decision-making process for those who are incapable of making decisions for themselves or who cannot communicate their decisions.

Governments

2017 ◽  
Author(s):  
Ian O'Donnell
Keyword(s):  
Decision Making ◽  
Public Opinion ◽  
Department Of Justice ◽  
Lethal Outcome ◽  
Government Decision ◽  
The Law ◽  
The Government ◽  
Executive Clemency ◽  
Exercise Of Discretion

By deciding whom to execute and whom to spare, the fledgling Irish state was asserting its sovereignty and flagrantly displaying its power to deflect the law from the lethal outcome it was otherwise bound to reach. The unregulated nature of executive clemency stood out against a background of bureaucratic decision-making which strove to be open, consistent, and dispassionate. This chapter examines what can be learned about how executive clemency was debated around the cabinet table, to what extent it was vulnerable to public opinion and petitions for mercy, other factors which affected the exercise of discretion (including the role of Department of Justice officials), and the relevance of the make-up of the government, in particular, the character of the Minister for Justice. (e.g. P.J. Ruttledge versus his successor Gerald Boland). The concept of groupthink in relation to government decision-making is explored.

scholarly journals Otoritas Kitab Kuning Dalam Putusan Hakim: Analisis Putusan Hakim di Mahkamah Syar’iyah Lhokseumawe Aceh

2019 ◽  
Vol 19 (1) ◽  
pp. 77-104
Author(s):  
Safriadi Safriadi
Keyword(s):  
Decision Making ◽  
Islamic Law ◽  
Field Research ◽  
Material Source ◽  
Sociological Approach ◽  
The Law ◽  
The Government ◽  
Religious Courts ◽  
Legal Force

In the Islamic law (Fiqh) tradition, "Kitab Kuning" is one of reference in establishing the law. In this context, Kitab Kuning should have the authority to establish law in judicial institutions that implement the Shari'ah system, as is the Syari'ah Court of Lhokseumawe, Aceh. However, the facts show that the judges at the Syar'iyah Court of Lhokseumawe Aceh only referred to legislation as a reference in deciding cases. This article will discuss how the pattern of judges' decision-making and how the position of the Kitab Kuning in making decisions at the Syar'iyah Court of Lhokseumawe? This research is field research and classified as qualitative with a normative juridical approach and empirical sociological approach. This study found that the judge collects various facts that have been submitted by the plaintiff and the defendant, then holds a deliberation to terminate the case to purge general matters to be specific. The Kitab Kuning authority in making decisions at the Mahkamah Syar'iyah of Lhokseumawe is in a position parallel to al-quran and hadith, as a material source. because the source of the decisions of the judges at the Syar'iyah Court of Lhokseumawe came from the PA Act of 1974, the presidential instruction in 1991, and the judicial law in 1970 (formal sources). However, the 3 sources of law in each decision are inspired by the legal descriptions of Kitab Kuning through the Kompilasi Hukum Islam (KHI). Thus the judges should no longer refer to the Kitab Kuning when deciding the case. Because the formal and material laws that apply in the Religious Courts are available and have permanent legal force and the requirements proclaimed by the government are worthy of review.

Pengaturan Waralaba Di Indonesia: Perspektif Hukum Bisnis

Liquidity ◽  
2018 ◽  
Vol 1 (2) ◽  
pp. 159-166
Author(s):  
Muchtar Riva’i
Keyword(s):  
Government Regulation ◽  
Small And Medium Enterprises ◽  
Economic Community ◽  
The Law ◽  
The Government ◽  
Medium Enterprises ◽  
Article 5 ◽  
Laws And Regulations

The law arrangement of franchise law was first explicitly regulated by the Government Regulation No. 16 of 1997 which is then updated by Government Regulation No. 42 of 2007 to be created in an agreement that at least contains clauses as stipulated by Article 5 of the Government Regulation. However, franchise arrangements also associated with a variety of other laws and regulations applicable in Indonesia. This article is going to state that the importance of partnerships with small and medium enterprises as an effort to encourage the involvement of the wider economic community.

Peranan KPPU Bagi Pemangku Kepentingan Dalam Menegakkan Undang-Undang Larangan Praktik Monopoli Di Indonesia

Liquidity ◽  
2018 ◽  
Vol 3 (2) ◽  
pp. 190-200
Author(s):  
Muchtar Riva’i ◽  
Darwin Erhandy
Keyword(s):  
Stakeholder Participation ◽  
The People ◽  
The Law ◽  
The Government ◽  
Law Commission

The establishment of the KPPU is to control the implementation of the Act. No. 5/1999 on Concerning the Ban on Monopolistic Practices and Unfair Business Competition in Indonesia. Various duties and authority of the KPPU contained in Article 35 and Article 36 of the Act. But in reality, KPPU does not have executorial rights so that the various decisions of the commission often could not be implemented. Therefore internally strengthening of institutional existence by way of amending the Law Commission is very appropriate to be used by the government and parliament agenda. Externally, stakeholder participation is something very urgent and that the KPPU’s strategic optimally capable of performing their duties according to its motto: “Healthy competition Welfare of the people”.

Regulatory Guillotine in the Field of Industrial Safety

2020 ◽  
pp. 22-28
Author(s):  
E.V. Klovach ◽  
◽  
A.S. Pecherkin ◽  
V.K. Shalaev ◽  
V.I. Sidorov ◽  
...  
Keyword(s):  
Russian Federation ◽  
Preventive Measures ◽  
Regulatory System ◽  
Industrial Safety ◽  
State Control ◽  
Regulatory Impact ◽  
The Russian Federation ◽  
The Law ◽  
The Government ◽  
Executive Body

In Russia, the reform of the regulatory guillotine is being implemented in the field of control and supervisory activity. It should result in a new regulatory system formed according to the principles specified in the key federal laws: «On state control (supervision) and municipal control in the Russian Federation» (Law on Control) and «On mandatory requirements in the Russian Federation» (Law on Mandatory Requirements) adopted in August 2020. In the field of industrial safety, this process was launched by the Decree of the Government of the Russian Federation № 1192, which will come into force on January 1, 2021. The main provisions are discussed in the article, which are related to the Law on Control and the Law on Mandatory Requirements. The Law on Control establishes the priority of preventive measures aimed at reducing the risk of causing harm in relation to the control activities, the grounds for carrying out control (supervisory) activities, the types of these activities in the forms of interaction with the controlled person and without such, the procedure for presentation of the results of control (supervisory) activity. The Law on Mandatory Requirements establishes that the provisions of regulatory legal acts should enter into force either from March 1 or September 1, but not earlier than 90 days after their official publication, and their validity period should not exceed 6 years. The drafts of regulatory legal acts developed by the federal executive bodies are subject to regulatory impact assessment. With a view to ensuring systematization of mandatory require ments, their register is kept. The federal executive body prepares a report on the achievement of the goals of mandatory requirements introduction. By January 1, 2021, 10 resolutions of the Government of the Russian Federation, 48 federal norms and rules in the field of industrial safety and 9 other regulatory legal acts of Rostechnadzor should be adopted. The drafts of all the documents are already prepared, some of the acts are completing the process of discussion and approval.

Penerapan Hukum Wakaf Uang di Indonesia Perspektif Legal System Theory

2018 ◽  
Vol 11 (1) ◽  
pp. 79-92 ◽  
Author(s):  
Masdar Masdar
Keyword(s):  
System Theory ◽  
Law Enforcement ◽  
Legal System ◽  
Legal Culture ◽  
Point Of View ◽  
Law Enforcement Agencies ◽  
Muslim Society ◽  
The Law ◽  
The Government

Cash waqf in Indonesia has been long enough implemented based on some rules enacted by government and other rules defined by The Waqf Board of Indonesia (BWI). However, the implementation of cash waqf has not reached the level of success. Therefore, this article studies the application of cash waqf law in Indonesia according to Friedman’s legal system theory. The legal system theory of Friedman firstly looks at the substance of the law, which is the rules or regulations; and secondly it examines the structure of the law, encompassing the law enforcement agencies, such as judge, prosecutor, police and legal counselors. And lastly the theory examines the element of legal culture, which is a response from Muslim society. The first two examinations indicate that there is nothing to be a problem. But from the last examination there is a problem regarding the trust from Muslim society. From the legal culture point of view, the implementation of cash waqf by the government, which is performed by BWI, needs attracting society’s credentials in order to improve and maximize the performance of cash waqf in Indonesia.

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