KONTRAK BUILD OPERATE TRANSFER SEBAGAI PERJANJIAN KEBIJAKAN PEMERINTAH DENGAN PIHAK SWASTA

BOT (Build Operate Transfer) as a form of agreement held by the government policy with private parties is a legal act by the agency or the State administration officials who make public policy as the object of the agreement. Although inherent in him as a body or public official, the government in implementing the contractual relationship with another party (private) legal act is not governed by public law, but based on the laws and regulations of civil law (privaat recht), as the case of legislation that underlie civil legal actions carried out a body of citizens and civil law. The research shows that in a contractual relationship, the government as a party to the BOT contracts have no equal footing with their counterparts. This will be discussed in more depth in the study of law with the approach of juridical normative or study in a BOT contract as an agreement policy.

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Penerapan Prinsip Hukum Perjanjian dalam Kontrak Kerjasama Pengelolaan Barang Milik Daerah

Volksgeist Jurnal Ilmu Hukum dan Konstitusi ◽

10.24090/volksgeist.v3i1.3512 ◽

2020 ◽

Vol 3 (1) ◽

pp. 17-28

Author(s):

Pangestika Rizki Utami

Keyword(s):

Civil Law ◽

Public Law ◽

Property Management ◽

Regional Government ◽

Legal Certainty ◽

Maintenance Costs ◽

State Administration ◽

Regional Budget ◽

The Government ◽

Government Contract

The purpose of this study is to analyze the legal construction of the Regional Property Management Agreement. Regional property in the form of land and/or buildings and other than land and/or buildings that have been handed over by the user to the manager can be utilized optimally in order not to burden the Regional Budget and Revenues particularly maintenance costs. This article are reviewing several types of agreements by analyzing the application of the legal agreement principles in the cooperation contract in the management of property in Regional Government of Banyumas Regency. The principles of treaty law which is a concept of civil law applied in the concept of state administration law are interesting because the agreement is in the regulation of private law and public law. Government Contract is a routine legal act of government, to ensure legal certainty for the parties involved required legislation that specifically regulates commercial contracts by the government regarding procedures and authority limits.

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“BULYGINSKAYA DUMA”. AGENCY WITHOUT POWER OR POWER OF AGENCY?

History and Archives ◽

10.28995/2658-6541-2021-3-32-42 ◽

2021 ◽

pp. 32-42

Author(s):

Sergey S. Novoselskii ◽

Keyword(s):

Government Policy ◽

Electoral System ◽

Russian Empire ◽

State Institutions ◽

Public Figures ◽

State Administration ◽

Intellectual Context ◽

The Government ◽

The Russian Empire

The article considers the attitude of representatives of the top bureaucracy to the draft of the State Duma, developed by a Special Council chaired by the Minister of the Interior A.G. Bulygin in 1905. Particular attention is paid to the high officials assessments of the dignitaries of the place and role of the Duma in the system of state administration of the Russian Empire, the arguments that officials cited in favor of its convocation. It analyzes intellectual context of the emergence of the “bulyginskaya duma” (“Bulygin Duma”) project is analyzed, which largely determined the breadth of the actual, not declared powers of the people’s agency. The research is based on unpublished documents from the funds of state institutions, as well as materials from the personal funds of officials and public figures. The article shows that, despite the legislative nature of the Duma, it had to have significant powers. The electoral system, which was proposed and defended by the high officials, was originally modeled in such a way as to avoid the triumph of the estates principle. The monarch’s open opposition to the people’s agency was considered a politically short-sighted move, which indicated a limitation of his power. The results of the study allow considering the government policy in 1905 not as an untimely response to public demands, but as a conscious strategy for systemic political reforms.

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Peran Sat Lantas Polres Rembang Dalam Menekan Angka Kecelakaan Lalu Lintas

Jurnal Daulat Hukum ◽

10.30659/jdh.v1i1.2647 ◽

2018 ◽

Vol 1 (1) ◽

Author(s):

Dadik Purnomo

Keyword(s):

Public Policy ◽

Empirical Research ◽

Research Method ◽

Traffic Accident ◽

Traffic Accidents ◽

Public Official ◽

The Government ◽

Special Competence

ABSTRAKJudul dari penelitian ini adalah Peran Satuan Lalu Lintas Polres Rembang Dalam Menekan Angka Kecelakaan Lalu Lintas Dengan Mengedepankan Standar Kompetensi Khusus Penyidik Kecelakaan Lalu Lintas. Tujuan penelitian ini bermaksud mengetahui peran Satuan Lalu Lintas Polres Rembang yang bertindak selaku pejabat publik harus mampu membuat suatu kebijakan publik dalam memberikan pelayanannya kepada masyarakat, penelitian ini menggunakan metode penelitian empiris yuridis. Dengan kesimpulan adanya permasalahan tingginya angka kecelakaan lalu lintas serta tingginya angka fatalitas dari tiap kecelakaan yang terjadi, Satlantas Polres Rembang mengambil suatu kebijakan dalam menjalankan tugas, fungsi dan perananannya sebagai representasi atau perpanjangan tangan dari pemerintah untuk mengatasi permasalahan tersebut.Kata Kunci: Peran Satlantas, Kecelakaan lalu lintas, Penyidik laka lantas.ABSTRACTThe title of this research is the role of Satuan Lalu Polres Rembang traffic accidents rate by prioritizing the special competence standard of traffic accident investigator. Unit of Rembang Polres that act as public official must be able to make a public policy in giving its service to society, this study uses juridical empirical research method. With the conclusion of the problem of the high number of traffic accidents and the high number of fatality of each accident happened, Satlantas Rembang Police take a policy in carrying out its duties, functions and role as a representation or extension of the hand of the government to overcome the problem.Keywords: the role of the traffic unit, traffic accident, �� traffic accident infestigator.

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Kebijakan Hukum Di Bidang Hak Asasi Manusia (HAM)

10.31227/osf.io/gfsbw ◽

2017 ◽

Author(s):

Subardjo

Keyword(s):

Human Rights ◽

Government Policy ◽

Public Official ◽

Proper Understanding ◽

Human Rights Act ◽

The Government ◽

High Influence

Although the government act which guarantee and enforce the human rights, there are various crimes againts humanity in Indonesia. Have it happened because people do not understand clearly about the content of human rights or human rights is misinterpreted by public official. Hence, there are a lot of difficulties to implement the human rights principles within the society. In order to obtain the proper understanding of human rights, it must be noted that people have to know and comprehend the direction of the government policy when release both acts and ordinances in relation to human rights. The policy, of course, has the high influence to shape both the process and subtance of the human rights act as well as the implementation within the whole society.

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PENGUASAAN TANAH MASYARAKAT HUKUM ADAT (SUATU KAJIAN TERHADAP MASYARAKAT HUKUM ADAT TERNATE)

Jurnal Dinamika Hukum ◽

10.20884/1.jdh.2011.11.1.75 ◽

2011 ◽

Vol 11 (1) ◽

Author(s):

Husen Alting

Keyword(s):

Key Words ◽

Public Interest ◽

Government Policy ◽

The State ◽

State System ◽

Land Acquisition ◽

State Constitution ◽

The Government ◽

The Right ◽

Adat Law

Land acquisation by the community of adat law tends to leave out. This condition caused by the government policy before which has no attention to the development of land acquisition of the adat community. According that policy, all land are owned by the State, especially when its issue is about the government and bussiness interest. Reformation has changed the State system related to land acquisition, where the position of adat law community is diclared explicitly in the State constitution. The position of adat law community is agreed as long as not contradicted wiht public interest. The tale of seeking the existency of adat law community and the right of adat land acquisition shows that acquisition, mechanism and the area of adat law community still exist and have different characteristic between one and another. So that, State and the government should give protection and agreement to the right of adat law community as well as local wisdom as stated in its constitution. Key words: Land acquisation, right of adat community, adat law

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R (on the application of Detention Action) v First-tier Tribunal (Immigration and Asylum Chamber) [2015] EWCA Civ 840, Court of Appeal (Civil Division)

Essential Cases: Public Law ◽

10.1093/he/9780191897689.003.0049 ◽

2020 ◽

Author(s):

Thomas E. Webb

Keyword(s):

Public Policy ◽

Government Policy ◽

Fast Track ◽

Public Law ◽

Immigration And Asylum ◽

Court Of Appeal

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R (on the application of Detention Action) v First-tier Tribunal (Immigration and Asylum Chamber) [2015] EWCA Civ 840, Court of Appeal (Civil Division). This case considers the legality of the ‘Fast Track Rules’ which operated in asylum application cases, and the extent to which the courts can intervene in, and suspend, processes in major areas of government policy. There is also discussion of the relative roles of the courts and government in contentious areas of public policy. The document also includes supporting commentary from author Thomas Webb.

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Pension funds, quasi-trustees and statutory guidance

Trusts & Trustees ◽

10.1093/tandt/ttaa102 ◽

2020 ◽

Author(s):

Zia Akhtar

Keyword(s):

Public Service ◽

Government Policy ◽

Central Government ◽

Public Law ◽

Pension Scheme ◽

Discretionary Power ◽

The Public ◽

The Supreme Court ◽

The Government ◽

Fund Investment

Abstract In an important decision for public law, the Supreme Court has ruled that ministerial guidance, given to administering authorities to oversee investment of Local Government Pension Scheme (LGPS) funds on how to discharge their powers, is unlawful. All five judges accepted that administering authorities owe “quasi-trustee” duties to LGPS members (in the area of investment) and that, as the law stands, the Secretary of State’s powers are limited by these overriding duties. However, only three judges accepted that the Public Service Pensions Act 2013 did not allow central government policy to be “imposed” on LGPS funds. The two dissenting judges stated that the public interest component of the 2013 Act was significant, and, under certain circumstances, central government could legitimately seek to align LGPS fund investment with government policy. The consequence of the ruling is that the Government will not be able to interfere in the ethical investment decisions of LGPS and their members, and the principle from the Padfield case that a discretionary power granted in legislation can never be completely unfettered and must be exercised in accordance with the purpose of the legislation has been upheld.

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BATAS BATAS TANGGUNG JAWAB HUKUM PEJABAT PEMBUAT KOMITMEN TERHADAP KERUGIAN NEGARA DALAM PENGADAAN BARANG / JASA OLEH PEMERINTAH PRINSIP ASAS MASLAHAT

JURISDICTIE ◽

10.18860/j.v7i3.4334 ◽

2017 ◽

Vol 8 (1) ◽

pp. 55

Author(s):

Radian Yudha Pradipta

Keyword(s):

Criminal Law ◽

Civil Law ◽

Legal Liability ◽

Legal Aspects ◽

The State ◽

Literature Study ◽

State Administration ◽

Presidential Decree ◽

The Government ◽

Unlawful Conduct

<p>Procurement involves huge State money. PPK is a party who has authority in carrying out the procurement of goods. Should there be any irregularities that cause material losses to the State’s finances to be the responsibility of PPK. Article 11 of Perpres No. 4 of 2015 concerning Procurement of Goods / Services The Government in selecting PPK must meet the requirements of either integrity, managerial or competence. This research is a normative research with literature study. The result of this study is that although the limits of the PPK’s legal liability to State Losses in Procurement of Government Goods / Services are not explicitly regulated in Presidential Decree No.4 of 2015 on Procurement of Government Goods / Services, but from several articles, especially in Article 11 , Article 12, Article 13 and Article 122 regulating PPK in the event of a State Loss in Procurement of Government Goods / Services. In the event that PPK committed unlawful conduct in its exercise of authority, the CO shall assume responsibility in accordance with the legal liability of PPK for the State Loss from the legal aspects of State administration, civil law and criminal law.</p>

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R (on the application of Detention Action) v First-tier Tribunal (Immigration and Asylum Chamber) [2015] EWCA Civ 840, Court of Appeal (Civil Division)

10.1093/he/9780191926440.003.0049 ◽

2021 ◽

Author(s):

Thomas E. Webb

Keyword(s):

Public Policy ◽

Government Policy ◽

Fast Track ◽

Public Law ◽

Immigration And Asylum ◽

Court Of Appeal

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R (on the application of Detention Action) v First-tier Tribunal (Immigration and Asylum Chamber) [2015] EWCA Civ 840, Court of Appeal (Civil Division). This case considers the legality of the ‘Fast Track Rules’ which operated in asylum application cases, and the extent to which the courts can intervene in, and suspend, processes in major areas of government policy. There is also discussion of the relative roles of the courts and government in contentious areas of public policy. The document also includes supporting commentary from author Thomas Webb.

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