scholarly journals Legal Standing of Coastal Reclamation: Islamic and Positive Law Perspectives

2016 ◽  
Vol 1 (2) ◽  
pp. 258
Author(s):  
Supriadi Supriadi
Keyword(s):  
Natural Resources ◽  
Local Governments ◽  
Islamic Law ◽  
Local Authorities ◽  
Local Revenue ◽  
Positive Law ◽  
Legal Standing ◽  
Coastal Reclamation ◽  
The Government ◽  
The Universe

In several regions, the implementation of reclamation in Indonesia caused much conflict. At least, it caused by three interests; the interest of the government, employers, and society (fishermen). The interests of the Government and local authorities to give permission to reclaiming for the pursuit of local revenue, the interests of employers to reclaiming the coastal, because they wanted to add company’s revenues, while the interests of society (fishermen) to defend coastal areas so it not diminish their livelihood. Reclamation in Indonesia has been governed by legislation, but it has not been able to resolve the coastal reclamation. This is due to the legislation governing coastal reclamation, and local governments are ignorant of the rules concerned. In addition, the central and local governments are often tends to interest of employers rather than the fishing communities, so it triggering conflict in reclamation. Positive law as a law made by the government and legislative assembly and the local government with local legislative, a rule that was born as result of an agreement between them, and neglecting the Islamic law that was created by God to organize all the things in this world, including in the management of the universe (coastal). God as the creator of this universe, allowing to manage and utilize natural, if for the benefit of humanity as a whole, and not for those of a human. Therefore, in the implementation of reclamation, the Government and local authorities need to synergize Islamic law into positive law in resolving the problems of social and natural resources.

scholarly journals Legal Standing of Coastal Reclamation: Islamic and Positive Law Perspectives

2016 ◽  
Vol 1 (2) ◽  
pp. 258
Author(s):  
Supriadi Supriadi
Keyword(s):  
Natural Resources ◽  
Local Governments ◽  
Islamic Law ◽  
Local Authorities ◽  
Local Revenue ◽  
Positive Law ◽  
Legal Standing ◽  
Coastal Reclamation ◽  
The Government ◽  
The Universe

In several regions, the implementation of reclamation in Indonesia caused much conflict. At least, it caused by three interests; the interest of the government, employers, and society (fishermen). The interests of the Government and local authorities to give permission to reclaiming for the pursuit of local revenue, the interests of employers to reclaiming the coastal, because they wanted to add company’s revenues, while the interests of society (fishermen) to defend coastal areas so it not diminish their livelihood. Reclamation in Indonesia has been governed by legislation, but it has not been able to resolve the coastal reclamation. This is due to the legislation governing coastal reclamation, and local governments are ignorant of the rules concerned. In addition, the central and local governments are often tends to interest of employers rather than the fishing communities, so it triggering conflict in reclamation. Positive law as a law made by the government and legislative assembly and the local government with local legislative, a rule that was born as result of an agreement between them, and neglecting the Islamic law that was created by God to organize all the things in this world, including in the management of the universe (coastal). God as the creator of this universe, allowing to manage and utilize natural, if for the benefit of humanity as a whole, and not for those of a human. Therefore, in the implementation of reclamation, the Government and local authorities need to synergize Islamic law into positive law in resolving the problems of social and natural resources.

scholarly journals PRACTICE OF ANIMALS TRADING IN ISLAMIC LAW & POSITIVE LAW OF BIOLOGICAL RESOURCES & ITS ECOSYSTEMS

2021 ◽  
Vol 1 (2) ◽  
pp. 91
Author(s):  
As'ari Taufiqurrohman ◽  
Ong Argo Victoria ◽  
Nur Fareha Binti Mohamad Zukri
Keyword(s):  
Natural Resources ◽  
Islamic Law ◽  
Department Of Agriculture ◽  
Wildlife Crime ◽  
Positive Law ◽  
Emerging Country ◽  
Conservation Of Natural Resources ◽  
The Government ◽  
Legal Consequences ◽  
Endangered Animals

Indonesia is a country that is very rich in the diversity of its natural resources. Both in terms of flora and fauna. However, Indonesia is an emerging country for the circulation of endangered animals that have been protected by law. The Animal Market is one of the places where several protected animals are circulated. In this study, the authors found a unique incident in the practice of buying and selling endangered animals that have been protected by this law, where the practice of buying and selling rare animals is carried out in markets managed by the government, namely under the auspices of the Department of Agriculture, Fisheries and Food. The focus of this research is to find out how the practice of buying and selling endangered animals in the Animal Market and how the review of Islamic law and Act No. 5 of 1990 concerning the Conservation of Biological Natural Resources and Their Ecosystems. Through qualitative research methods and through a juridical normative approach, the researcher tries to uncover the focus of the problem above by going directly to the field to find facts which then leads to an analysis of Islamic law and Act No. 5 of 1990 concerning Conservation of Biological Natural Resources and Their Ecosystems. Data were taken through documentation, observation, and interviews. The data that has been obtained is presented in the form of a description in order to obtain conclusions. The results of the study explain that the sale and purchase of endangered animals protected under Islamic law is a sale that does not bring benefits, contains najis, does not belong to the seller wholly, causes damage to nature, and contains fraud. Meanwhile, when viewed from Act No. 5 of 1990 concerning the Conservation of Natural Resources and Their Ecosystems, the practice of buying and selling endangered animals that are protected illegally is a criminal act of wildlife crime in which the legal consequences of this crime are a maximum criminal sanction of ten years in prison and a fine of between 100 million and IDR 200 million rupiahs.

scholarly journals Analisis Potensi Pajak Daerah Sebagai Sumber Pendapatan Asli Daerah di Kabupaten Tanjung Jabung Barat

2018 ◽  
Vol 18 (3) ◽  
pp. 468
Author(s):  
Pantun Bukit ◽  
Hana Tamara Putri
Keyword(s):  
Data Analysis ◽  
Natural Resources ◽  
Local Governments ◽  
Tax Revenue ◽  
Research Subject ◽  
Analysis Method ◽  
Regional Finance ◽  
Local Revenue ◽  
Regression Approach ◽  
The Government

Tax areas as one of the components of the Original Local Revenue (PAD) which is given by the local Government to residents who stay in their jurisdiction without obtaining the consideration from the local governments that collect taxes area. Tanjung Jabung Barat District is one of the strategic areas and it has a potential of natural resources which is relatively large. The strategies and policies of financial development in Tanjung Jabung Barat is directed at the improvement of the effectiveness as well as the effectiveness of regional finance. One of the strategies is through the optimization of local tax receipts as a source of Original Local Revenue (PAD). This research aimed at investigating the magnitude of the potential and the local tax capacity in Tanjung Jabung Barat District of 2018. This research also intended to know the implementation of tax effort which has been attempted in Tanjung Jabung Barat District. Last, this research aimed at knowing the extent to which the original revenue dependency area toward the acceptance of tax areas in Tanjung Jabung Barat District.The data were collected through survey and direct observation to the research subject through the coordination with related agencies. In data analysis method, Diagrams Cartesius, Regression approach to Tax Business, Estimation and Elasticity Tax Formulas, analysis of Overlay and analysis of Potential local tax were used. The results of this research are expected to give input to the Government of Tanjung Jabung Barat in arranging the strategies and policies in optimizing the Local Tax Revenue.

scholarly journals Communication Models of Local Self-Government as a Subject of Modern Russian Policy (Based on Local Self-Government Bodies of the Republic of Tatarstan)

2021 ◽  
pp. 246-254
Author(s):  
Galina Morozova ◽  
◽  
Diana Fatikhova ◽  
Elmira Ziiatdinova ◽  
◽  
...  
Keyword(s):  
Social Media ◽  
Local Government ◽  
Public Relations ◽  
Russian Federation ◽  
Local Governments ◽  
Local Authorities ◽  
Symmetrical Model ◽  
The Russian Federation ◽  
The Republic ◽  
The Government

Introduction. The article presents the results of a study of communication in the system of local self-government of the Republic of Tatarstan as a subject of the Russian Federation conducted by the authors in November – December 2019. The study included a survey of representatives of regional media and press services of local authorities of the Republic of Tatarstan in order to determine the model of communication in the local government system and the role of PR-activities in the regulation of social interaction in the region. Methods and materials. The main method of studying was the method of expert survey. The authors developed a questionnaire, which was used during an interview with experts. When choosing an expert – a media representative for the interview – the authors took into account three factors: the rating of the represented media, the experience of the respondent in the regional media (at least five years) and the authority to make a key decision on the publication of the material. In order to identify the experts who are representatives of local self-government bodies, the authors of the article determined the following criteria: implementation of information and analytical activities in the structure of local self-government bodies, at least 5 years of experience as a head of a structural unit (public relations / media relations department) of local self-government bodies. Analysis. The analysis showed that the development of social media accelerates the process of establishing a two-way model of communication between the government and the public. Social media have become a full-fledged source of information both for the journalistic community and for the press services of local governments. Moreover, with the help of the content posted in posts on official accounts on social networks, local governments can attract residents of the municipal territory to participate in solving local issues. Constant monitoring, responding to comments, tracking negative content on social media are becoming everyday practices in the work of press services. Results. The results of the study indicate that over the past decade in the Russian Federation the necessary prerequisites have been formed for the formation of a bilateral symmetrical model of communication between local authorities and the population. This model is aimed at providing effective feedback that allows the local government to quickly respond to the aspirations and needs of the population, monitor their dynamics, constantly monitor the attitude and assessments of citizens of decisions made on the development of the city or region.

scholarly journals Government Responsibility in The Management of Natural Resources for The Protection of Economic, Social, and Cultural Rights in The Balaesang Region

2020 ◽  
Vol 1 (1) ◽  
pp. 146-173
Author(s):  
Jeane Neltje Saly ◽  
Journal Manager APHA
Keyword(s):  
Resource Management ◽  
Natural Resources ◽  
Natural Resource Management ◽  
Natural Resource ◽  
Local Governments ◽  
Secondary Data ◽  
Customary Law ◽  
Government Responsibility ◽  
Healthy Environment ◽  
The Government

There are two aims of this paper: first to analyze the responsibility of the government in the commitment to protect the rights of indigenous and tribal peoples in natural resource management activities; secondly, to analyze the implementation of government responsibilities in mining management in relation to the rights of indigenous and tribal peoples in enjoying their rights in the ecosystem, such as the environment. The method used in the research is empirical normative method, namely research that emphasizes the secondary data that is by studying and reviewing the principles of law and positive law principles derived from the existing literature materials in legislation and the provisions especially in relation to the exclusion of indigenous people's rights in the obligation of the state to create a healthy environment for the management of natural resources as a manifestation of human rights protection, and supplemented by empirical data in the form of interviews with related parties in Balaesang Tanjung Donggala District. The results show that natural resource management activities, linked to indigenous and tribal peoples' rights in environmental protection are regulated in various laws, both nationally and internationally. Implementation of government responsibility in mining management is related to the right of customary law community in enjoying the environment has not been optimally done. From the case of Balaesang Tanjung Donggala, it is envisaged that local governments ignore the rights of indigenous and tribal peoples in enjoying a healthy environment.

scholarly journals SANKSI HUKUM TERHADAP PELAKU TALAK DI LUAR PENGADILAN AGAMA

2018 ◽  
Vol 3 (1) ◽  
pp. 58-88
Author(s):  
Muhammad Yalis Shokhib
Keyword(s):  
Islamic Law ◽  
Field Research ◽  
Correct Choice ◽  
Deterrent Effect ◽  
Trial Court ◽  
Positive Law ◽  
Legal Sanctions ◽  
The Government ◽  
Two Sides ◽  
Research Type

Divorce out of court Religion is considered reasonable by some circles. But, actually that action is contrary to the Act No. 1 of 1974 article 39 that containing a moral message that divorce only be done in front of the Court of Session. Even in the article there is a clause of divorce mayhappen after the relevant Court attempted to reconcile the two sides. The researchers see the ambiguity based on need a new form of ijtihad gave rise to sanctions for perpetrators of Religious divorce out of court. The researcher using field research type because the research was did in the field. This research is descriptive, and the data sourceobtained from the results of interviews with academics positive law and academics Islamic law in Malang. The focus in this research are includes three ways, that are the position of the sanctions in the matter of divorce out of court Religion according to Islamic law, academics positive law view and Islamic academics law view in Malang, about divorce out of court sanction of religion. In this thesis, the researcher found the results of this research that is the sanctions law against divorce out of court Religion serves as reinforcement of laws and nas} in the Qur'an, it is as a deterrent so that doesn't happen as much divorce politico hated God. The researchers choosethe legal sanction is the correct choice to given to perpetrators of Religious divorce out of court, legal sanctions in the form of a prohibition to perform a new marriage. In addition to fine sanctions that are capable of inflicting deterrent effect to offenders of religious divorce, out of court, so that someone will do a divorce before the trial Court religion, and also obedient to the Administration that have been arrange by the government.

scholarly journals Hukum Islam dalam Pergumulan Politik Hukum Nasional Era Reformasi

2013 ◽  
Vol 13 (2) ◽  
pp. 273
Author(s):  
M. Shohibul Itmam
Keyword(s):  
Islamic Law ◽  
Point Of View ◽  
Internal Conflict ◽  
Political Struggle ◽  
Reform Era ◽  
Positive Law ◽  
Law And Politics ◽  
Library Research ◽  
The Government ◽  
Parliamentary Support

Abstract: This paper describes the existence of Islamic Law in the plurality of national law amidst the process of the tug of political struggle of national law in reform era. This discussion is focused on the following; first, the struggle of religion, law and politics in Indonesia; second, the development of Indonesian law and politics of law in reform era; third, the opportunities and challenges of Islamic law in the middle of the plurality of national law in reform era. This paper was as a result of library research using legal normative status, historical, and sociological point of view. The result of this study was that the struggle of religion, law and politics in Indonesia was as a process of symbiosis mutualism. Every religion has the same rights in a democratic frame of Pancasila and the 1945 Constitution and the government is as its regulator. The development of law and political law of the reform era indicated that the presence of political sciencetific engineering of Dutch law had resulted in positive law in Indonesia which had not met the legal awareness of the community. In fact, the opportunities and challenges of Islamic law in the middle of the plurality of national law of reform era are formulated in three aspects. Politically, the weak parliamentary support in the National Legislation Program  PROLEGNAS) affects the existence of Islamic law. Philosophically, the internal conflict in the understanding of Islamic law sometimes marginalize Islamic law itself. And sociologically, only few values of Islamic law are absorbed in a national scale.

scholarly journals Adakah Pengaruh Pertumbuhan Ekonomi terhadap Pendapatan Asli Daerah?

2017 ◽  
Vol 16 (2) ◽  
Author(s):  
Faishal Fadli
Keyword(s):  
Economic Growth ◽  
Gross Domestic Product ◽  
Regional Development ◽  
Local Governments ◽  
Central Government ◽  
Domestic Product ◽  
Local Revenue ◽  
Economic Progress ◽  
Regional Budget ◽  
The Government

<p><em>The implementation of regional autonomy resulted in each region to be able to manage their finances independently. This is one way the central government to remove the dependency of local governments to the central government. Thus requiring local governments to explore the sources of local revenue in order to finance regional development. In an effort to increase local revenues derived from the PAD is determined by economic factors or economic potential which has the prospect to be developed for each area. While the economic progress of a region heavily dependent on the development efforts undertaken by the government in providing public facilities to support economic activity. so it needs to be studied further economic growth in East Java, which increased from year to year, is also accompanied by an increase in revenue (PAD) as one source of income in financing regional development. The result indicates the role of the revenue (PAD) in the Regional Budget (APBD) of East Java Province indicates that there is still very small, with an average of 15.47% of the total revenue budget. This means that the level of dependence of local governments on the central government is still high. Although the results of regional revenue projections indicate that component has been great in their contribution of the reception area, which amounted to 69.52%. Using the ordinary least squre method, the result of regression correlation are insignificant. This means that the regional gross domestic product does not have an effect on revenue of East Java Province. If an increase or decrease in regional gross domestic product will not increase or decrease revenue amount. This means that there is no significant relationship between economic growths towards the reception of the revenue.</em></p><p align="left"><em> </em></p><p><strong>Keywords: </strong>economic growth, revenues (PAD), Regional Budget (APBD), Gross Domestic Product (GDP).</p>

scholarly journals Legal Development of Coastal Marine Management Based on the Idea of Pancasila

2018 ◽  
Vol 4 (1) ◽  
pp. 113
Author(s):  
Jantje Tjiptabudy
Keyword(s):  
Natural Resources ◽  
Indigenous Peoples ◽  
The State ◽  
Customary Law ◽  
Marine Management ◽  
Positive Law ◽  
Coastal Marine ◽  
The Republic ◽  
The Government ◽  
Marine Areas

In relation to the positive law, the management of marine and coastal natural resources, there is also the rule of customary law. Customary law that still lives and develops in indigenous peoples also regulates the management system and utilization of natural resources in coastal and marine areas. Recognition of the rights of indigenous peoples is constitutionally contained in the 1945 Constitution of the State of the Republic of Indonesia where the state recognizes the existence of the Customary Law Community. In Maluku, marine potency management in general is still done traditionally known as marine customary rights that have been going on for generations but not yet fully recognized either by the government or entrepreneurs who are actually important partners in the development process.

scholarly journals THE SETTLEMENT OF SHARIA ECONOMIC DISPUTES IN INDONESIAN ISLAMIC CLASSIC TRADITIONS AND POSITIVE LAW

2021 ◽  
Vol 6 (1) ◽  
pp. 54
Author(s):  
Adriandi Kasim
Keyword(s):  
Capital Market ◽  
Qualitative Method ◽  
Islamic Law ◽  
Rapid Development ◽  
Applicable Law ◽  
Business Transactions ◽  
Positive Law ◽  
Islamic Tradition ◽  
The Government ◽  
Settlement Of Disputes

Using a qualitative method with a sociological-normative approach, it was found that today's rapid development has caused various kinds of disputes. In this article, the author discusses sharia economic disputes and their resolution in the Islamic tradition and positive law in Indonesia to understand the problems of economic disputes and their resolution so that they can become knowledge and guidelines in conducting business transactions. The results of the discussion that the author obtained, namely sharia economic disputes, are disputes that occur in muammalah activities. This occurs in banking, non-banking, capital market, as well as the economy as a whole due to several factors such as default, tadlis, taghrir, or other things that can harm the rights of others. Settlement of disputes in Islamic law, namely sulh and tahkim. As for the applicable law in Indonesia, namely peace both by litigation and non-litigation, ADR, and arbitration includes BANI, BASYARNAS and other arbitration institutions. In this case, the authors conclude that every community that will conduct business transactions requires the principle of prudence and there have been many legal attempts by the government in resolving these disputes.

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