scholarly journals AN EVALUATION OF LEGAL POLICY RELATED TO THE IMPLEMENTATION OF THE SIMULTANEOUS LOCAL ELECTION (FIRST PERIOD OF THE SIMULTANEOUS LOCAL ELECTION)

2017 ◽  
Vol 5 (3) ◽  
Author(s):  
Agus Riwanto
Keyword(s):  
System Integration ◽  
Dispute Settlement ◽  
Constitutional Court ◽  
State Budget ◽  
Political Aspect ◽  
Legal Policy ◽  
Election Administration ◽  
Local Election ◽  
Time Restrictions ◽  
Efficiency And Effectiveness

<p align="center"><strong><em>Abstract</em></strong></p><p><em>Indonesia legal policy of</em><em> the simultaneous local election to appoint a district head had been </em><em>amended by Law Number 8 of 2015 concerning the local election (governors, regents and mayors) from the regular models to the simultaneous models. Simultaneous local election will be implemented in periods, namely a first period in 2015, a second period in 2017, a third and fourth period will be approximately held from 2018 to the 2021, and a national simultaneous local</em><em> elections will be held in</em><em> 2027. The simultaneous local election is aimed to make the efficiency and effectiveness of the budget, time and labor organizer; to eliminate boredom voters; to increase public control. Law Number 8 of 2015 had been reviewed judicially thirdty first times. The Constitutional Court also issued a surpprised decision which change a political constellation of Indonesia. The political aspect of simultaneous  local election in 2015 need to be fixed through the revision of Law Number 8  of 2015 in order to create the system of the simultaneous elections fairly and democratically for the implementation of the next period: the required transfer of election financing from the budget to the state budget; the need to create a model for the preliminary election; restrictions on candidacy requirements; a dispute settlement of the simultaneous local election to the supreme court; a time restrictions on the election administration disputes lawsuit in the Administrative Court; and we need to build a model of election law enforcement system integration.</em></p><p><strong><em>Key Word</em></strong><em>: legal policy evaluation, simultaneous local election</em></p>

scholarly journals An Evaluation of Legal Policy Related to The Implementation of The Simultaneous Local Election (A First Indonesia Period of The Simultaneous Local Election)

2017 ◽  
Vol 96 ◽  
Author(s):  
Agus Riwanto . .
Keyword(s):  
System Integration ◽  
Dispute Settlement ◽  
Constitutional Court ◽  
Local Elections ◽  
State Budget ◽  
Political Aspect ◽  
Legal Policy ◽  
Election Administration ◽  
Local Election ◽  
Time Restrictions

Indonesia legal policy of the simultaneous local election to appoint a district head had been amended by Law Number 8 of 2015 concerning the local election (governors, regents and mayors) from the regular models to the simultaneous models. Simultaneous local election will be implemented in periods, namely a first period in 2015, a second period in 2017, a third and fourth period will be approximately held from 2018 to the 2021, and a national simultaneous local elections will be held in 2027. The simultaneous local election is aimed to make the efficiency and effectiveness of the budget, time and labor organizer; to eliminate boredom voters; to increase public control. Law Number 8 of 2015 had been reviewed judicially thirdty first times. The Constitutional Court also issued a surpprised decision which change a political constellation of Indonesia. The political aspect of simultaneous local election in 2015 need to be fixed through the revision of Law Number 8 of 2015 in order to create the system of the simultaneous elections fairly and democratically for the implementation of the next period: the required transfer of election financing from the budget to the state budget; the need to create a model for the preliminary election; restrictions on candidacy requirements; a dispute settlement of the simultaneous local election to the supreme court; a time restrictions on the election administration disputes lawsuit in the Administrative Court; and we need to build a model of election law enforcement system integration.<br /><br />Key Word: legal policy evaluation, simultaneous local election

scholarly journals INSTITUTIONAL DISPUTES SETTLEMENT MECHANISM OF SUCCESSION IN NGAYOGYAKARTA HADININGRAT SULTANATE

2020 ◽  
Vol 5 (1) ◽  
pp. 65-83
Author(s):  
Iwan Satriawan ◽  
Faishal Aji Prakosa
Keyword(s):  
Dispute Settlement ◽  
Customary Law ◽  
Court Decision ◽  
Constitutional Court ◽  
Royal Family ◽  
Executive Leaders ◽  
Female Figure ◽  
Settlement Mechanism ◽  
Special Region

The Constitutional Court Decision No. 88/PUU-XIV/2016 grants a possibility for a woman to be a candidate for Governor and Vice-Governor in the Special Region of Yogyakarta. As the only province in Indonesia where the executive leaders are only able from the royal family of the Ngayogyakarta Hadiningrat, the decision then triggers a polemic among people in the region. This is due to the current governor, Sri Sultan Hamengku Buwono X, does not have a son as his successor to the throne. Thus, this paper reveals institutional disputes’ settlement mechanism in the Ngayogyakarta Hadiningrat Sultanate if any disputes ever appear. The outcome finds that the Sultanate has yet clear mechanism of dispute settlement among the royal family and no official institution which possesses authority to settle royal disputes. Insofar, the Sultanate has had a customary law or paugeran adat in which a female figure might taking the throne to be the Sultanah and the governor of the province. Nevertheless, the authors recommend to establish an institution to settle royal disputes for the continuation of the Ngayogyakarta Hadiningrat Sultanate. Abstrak: Putusan Mahkamah Konstitusi No. 88/PUU-XIV/2016 meniscayakan adanya kemungkinan untuk seorang perempuan menjadi kandidat Gubernur dan Wakil Gubernur di provinsi Daerah Istimewa Yogyakarta. Sebagai satu-satunya pronvisi di Indonesia dimana pemegang kekuasaan eksekutif daerah hanya boleh berasal dari keturunan kerajaan Ngayogyakarta Hadiningrat, keputusan tersebut nyatanya memicu polemic diantara masyarakat di daerah. Hal ini disebabkan oleh tidak adanya keturunan laki-laki dari gubernur atau sultan yang sedang menjabat saat ini, yaitu Sri Sultan Hamengku Buwono X, untuk melanjutkan tahta kepemimpinan. Oleh sebab itu, artikel ini bertujuan untuk melihat mekanisme penyelesaian sengketa institusi di Keraton Ngayogyakarta Hadiningrat jika terjadi sengketa. Hasil yang ditemukan adalah tidak adanya mekanisme penyelesaian sengketa di dalam Keraton serta tidak adanya institusi resmi yang dapat memutus dan menyelesaikan sengketa tersebut. Hingga saat ini, Keraton hanya menerapkan hukum adat atau paugeran adat dimana mengizinkan untuk seorang perempuan mengambil alih tahta dan menjadi seorang Sultanah sekaligus gubernur. Namun demikian, penulis menyarankan untuk tetap dibentuknya sebuah lembaga yang memiliki otoritas untuk menyelesaikan sengketa antar anggota Keraton guna keberlanjutan Keraton Ngayogyakarta Hadiningrat kedepannya. Kata Kunci: Sengketa Institusi, Keraton Ngayogyakarta Hadiningrat, Sultanah

scholarly journals State Owned Enterprises Finance from the Perspective of State Funds

Yuridika ◽  
2019 ◽  
Vol 35 (2) ◽  
pp. 363
Author(s):  
Sopian Sitepu
Keyword(s):  
Law Enforcement ◽  
The State ◽  
Company Law ◽  
Legal Issues ◽  
Clear Distinction ◽  
Constitutional Court ◽  
Court Decisions ◽  
State Budget ◽  
Legal Subject ◽  
The Status

The existence of State-Owned enterprises (SOE) as one of Indonesia’s legal entities, whereby the State owns part of all of the capital of the company has presented several legal issues. The BUMN Act that has become the basis for establishing State-Owned enterprises has become its own independent legal subject and separates itself from the wealth of the State and has adhered to the provisions of the Company Law Act so that the capital that is presented by the State to the corporation remains as the capital of the SOE and not form the State. However, existing legislations regarding State funds places the funds for SOE as being part of the State budget. This ambiguity in the status of BUMN Funds is not only found in legislations but also in two different constitutional court decisions that presents inconsistencies towards law enforcers. This clear distinction is crucial in the practice of law enforcement in Indonesia.

scholarly journals Yudisialisasi Politik dan Sikap Menahan Diri: Peran Mahkamah Konstitusi dalam Menguji Undang-Undang

2016 ◽  
Vol 12 (3) ◽  
pp. 473
Author(s):  
Bisariyadi Bisariyadi
Keyword(s):  
Policy Making ◽  
Constitutional Court ◽  
Theoretical Justification ◽  
Policy Makers ◽  
Aggressive Approach ◽  
Legal Policy ◽  
State Institutions ◽  
Law And Policy ◽  
Executive Discretion ◽  
Judicialization Of Politics

In a review of the constitutionality of law or policy, the Constitutional Court can take an aggressive approach or choose to take self-restraint. Theoretical justification on the Court to change or made policy derived from the judicialization of politics. Global phenomenon indicates the shift of policy-making authority towards the judiciary. Consequently, policy makers shows resistence. Such conditions forced the Court to use a number of strategies to reduce political tensions between state institutions while at the same time the Court still protect the rights of citizens. The Court uses self-restraint approach to examine policies which in realm of legislative or executive discretion. This approach is referred to by the Court as an “open(ed) legal policy”. This study elaborates on the actions carried out by the Indonesian Constitutional Court to test the constitutionality of law or policy, both in the application of the judicialization of politics nor in the judicial restraint approach. In reality, the Court uses both of these approaches on review the constitutionality of law and  policy.

scholarly journals Konstitusionalitas Badan Peradilan Khusus dan MK dalam Penyelesaian Sengketa Hasil Pilkada Langsung

2016 ◽  
Vol 12 (3) ◽  
pp. 503
Author(s):  
Slamet Suhartono
Keyword(s):  
Dispute Settlement ◽  
Constitutional Court ◽  
Direct Election ◽  
Election Results

In accordance with the decision of the Constitutional Court Number 97/PUU-XI/2013, the Constitutional Court is no longer authorized to resolve disputes on direct election results, because the provisions of Article 236C of Law Number 12 Year 2008 NRI are against the Constitution of 1945. Article 157 paragraph (1) Law No. 8 Year 2015 determines that the dispute settlement on direct election results become the authority of specialized judiciary. But before a specialized judiciary is formed, then the Constitutional Court is authorized to resolve disputes on direct election results. The authority of the Constitutional Court is the constitutional authority to fulfill temporary legal vacuum (rechtvakum). Therefore legislators should immediately establish a specialized judiciary which has the authority to resolve the disputes on direct election results.

Legal Changes and Constitutional Adjudication in Portuguese Social Law in Consequence of the European Financial Crisis

2020 ◽  
pp. 208-239
Author(s):  
José Carlos Vieira de Andrade ◽  
João Carlos Loureiro ◽  
Suzana Tavares da Silva
Keyword(s):  
Legal Framework ◽  
Constitutional Court ◽  
State Budget ◽  
Social Law ◽  
The Social ◽  
Social Security Scheme ◽  
Legitimate Expectations ◽  
The Republic ◽  
Constitutional Adjudication ◽  
Legislative Measures

Portugal was affected simultaneously by an economic, financial, and budgetary crisis. It is in this context that in 2011 the country signed an MoU on Specific Economic Policy Conditionality with the EU, the ECB, and the IMF, which prescribed cuts on social expenses in wages, pensions, and other benefits of an ‘assistentialist’ nature. The legal measures adopted in this respect focused mostly on the social security scheme and introduced changes in the legal framework for future pensions and unemployment benefits, new contributions for pensions in payment, and former non-contributory benefits, as well as cuts in pensions and benefits. Throughout the years, the President of the Republic, members of the parliament, and the Ombudsman have asked the Constitutional Court to assess many of the rules included in the State Budget Laws, arguing a violation of fundamental social rights and basic principles such as human dignity, equality, and the protection of legitimate expectations. This led to the issuance of new and important constitutional case law in Portugal, concerning mainly the assessment of legislative measures under the fundamental principles of legitimate expectations, proportionality, and ‘equal proportionality’.

scholarly journals UKRAINE TRANSPORT COMPLEX DEVELOPMENT MAIN ASPECTS ACCORDING TO THE INTEGRATION CRITERIA

2021 ◽  
pp. 52-64
Author(s):  
Kateryna Kuzmenko ◽  
Keyword(s):  
Economic Growth ◽  
Transport System ◽  
System Integration ◽  
System Development ◽  
Practical Significance ◽  
Maritime Transport ◽  
State Budget ◽  
Public Authorities ◽  
The World ◽  
Transport Potential

The transport system is one of the basic spheres of the economy, the stable and efficient functioning of which provides the necessary conditions for national security and economy, increasing living standards of the population, as well as it also provides revenues to the State Budget of Ukraine. Maritime transport has paramount importance for the foreign international economic relations.The national transport system development level is one of the most important sign for its technological progress.The transport system becomes the basis for Ukraine's effective entrance into the world community.At the same time the world economy development is characterized by processes of globalization and regionalization. Based on this facts, the object of research is the process of the maritime complex components development according to the criteria of effective positioning in the transport system integration processes.The aim of the investigation is to improve the efficiency of maritime transport integration technologies using, as well as to develop recommendations for the strategic approaches formation to the maritime transport potential components development. Special attention is paid to the main trends in integration processes and multimodal technologies.The study proved that for Ukraine, which economy depends on effective participation in the international labor division, the problem solving of country's maritime potential developing as a factor of its economic growth is extremely important.The need to recover transport potential requires from Ukraine to do some points such as to create its own strategy for the national transport network development, to building infrastructure, to replenish country's fleet and to attract new transit cargo flows.The obtained results practical significance is that the developed and scientifically substantiated main provisions, conclusions and recommendations can be used in practice by public authorities, as well as by private enterprises which are involved in the field of maritime transport.Keywords: integration technologies, transport potential, economic growth, multimodal transportation, international transport corridors

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