scholarly journals The Concept of Village Autonomy in Indonesia (Indonesian Constitution Perspective)

Rechtsidee ◽  
2016 ◽  
Vol 3 (1) ◽  
pp. 27
Author(s):  
Rifqi Ridlo Phahlevy

Indonesia was introduced to the term, “village autonomy” in 1970s; however, throughout the past years of establishing autonomous villages in Indonesia, the legislators have not been able to provide any clarity about this concept. Villages, as a legal entity, do not have enough independence to represent themselves as an autonomous unit of community in the state administration system of Indonesia. Article 18B and 28I of the second amendment of The 1945 Constitution of The State of Republic of Indonesia (UUD 45) state that the villages can have independent governments, by giving the alternative of village autonomy. Implementation the Law No. 6 Year 2014 is a part of the effort to realize the message of constitution and hence conception of autonomous villages is expected to be the catalyst for this concept. The presence of this law had a considerable impact on the 2014 presidential elections. Because of this people are concerned that political interests may try to drive and turning the direction and purpose of the law. This study is a part of the research on the implementation of village autonomy policies in Indonesia, and is compiled by using statute and conceptual approach. How To Cite: Phahlevy, R. (2016). The Concept of Village Autonomy in Indonesia (Indonesian Constitution Perspective). Rechtsidee, 3(1), 27-40. doi:http://dx.doi.org/10.21070/jihr.v3i1.151

2021 ◽  
Vol 21 (3) ◽  
pp. 984
Author(s):  
Rizky Malinto Ramadani ◽  
Indra Perwira ◽  
Bilal Dewansyah

Article 14 Paragraph (2) of the 1945 Constitution determines that the President grants amnesty and abolition by taking into account the considerations of the House of Representatives. in the provisions of Article (1) of the Emergency Law no. 11 of 1954 concerning Amnesty and Abolition states that "The President, in the interest of the state, can grant amnesty and abolition to people who have committed a criminal act. The President granted this amnesty and abolition after obtaining written advice from the Supreme Court which conveyed the advice at the request of the Minister of Justice.” The issue related to amnesty is that there is no more detailed clarity regarding the criteria for granting amnesty for the benefit of this country, whether the granting of amnesty is only intended for politically charged cases or can also be given for general criminal acts, especially in history, amnesties have been granted only for political crimes. The identification of the problems in this study are: First, the extent to which the granting of amnesty in Indonesia is in accordance with the criteria of the state's interest. The method used by researchers in this study is normative juridical. The results of this study indicate that the most important criterion of the existence of the state's interest is the stability of the state administration system and the guarantee of rights for citizens. The ideal conditions that need to be regulated in amnesty are: Amnesty restrictions are not granted for extraordinary crimes; not allowed to impeach the President. As for the ideal procedure, apart from referring to the 1945 Constitution and the Regulation of the Minister of State Secretary, the granting of amnesty must also ask for consideration from the Supreme Court, so that the granting of amnesty is not only seen for political interests, but also for the interests of the state.


2017 ◽  
Vol 19 (2(64)) ◽  
pp. 282-286
Author(s):  
V.K. Simonenko

The essence and real results of the administrative and territorial reform in Ukraine are considered in the article, the economically justified and ultimate goals of these reforms are determined. The attempts to streamline the state administration system over the previous years and brief results of the decentralization process in Ukraine are analyzed. The conclusion of the article is made and its sence includes thesis about the triune of the reform and the need of adoption of new versions of the Law of Ukraine "About Local Self-Governance", the laws "About Administrative and Territorial Structure", " About Service in Local Self-Governance Bodies", " About Territory Planning" and of number of other legislative acts that define the institutional basis for effective implementation of the process of reforming the country's administrative and territorial structure.


Jurnal Akta ◽  
2020 ◽  
Vol 7 (2) ◽  
pp. 223
Author(s):  
Djuniatno Hasan ◽  
Gunarto Gunarto

This research aims to: 1)To know and understand, that notaries who runs the office for public use, in addition to protection by the State, as well as the protection of Indonesian Notary Association and Honorary Council of Notaries; 2) Assess and analyze about a Notary that in using the rights and obligations dissenter contained in the Law on Notary, and legislation more specifically and expressly provides that the Notary concerned shall provide information, and in this case when the Notary the unlock the secrets of (the contents of) the deed; 3)To assess, and to know what are the weaknesses, as well as a solution to the problems in the implementation of legal protection in carrying secret notary office as a notary public.Type of this research is by using a normative juridical approach of the Act (statute approach), Conceptual approach. Legal materials used are the primary law materials, secondary law, and the tertiary law.Based of this study concluded that: 1) Under the provisions of Act No. 2 of 2014, amendments to the Act No. 30 of 2004 Article 4 and Article 16 paragraph (1) letter f, that Notaries have the authority and obligation to keep professional secrecy regarding the Deed and any information obtained in the manufacture of deed and conceal the contents of the deed and he knew a good description of the past, present and future; 2) that the Notary is obliged and has a right of refusal on the confidentiality deed that has been made and all information obtained for a deed in accordance with the oath / pledge of office, unless the law determines the other; and 3) Based on the description of the foregoing in the implementation of the legal protection of notary there are still weaknesses in terms of both implementation and legal certainty. Hope writer immediately formed a legislation or regulation, regulate the enforcement of justice, as well as agencies or other legal institutions.Keywords: Notary; Rights and Obligations of Ingratitude Secrets Office.


2018 ◽  
Vol 5 (1) ◽  
pp. 142
Author(s):  
Putu Ayu Anastasia Wierdarini

The amendment of the Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 positioned the Majelis Permusyawaratan Rakyat no longer as the highest state institution and the highest sovereign of the people. This has implications for the authority of the Majelis Permusyawaratan Rakyat to have a strategic position, namely to UUD 1945, to stipulate GBHN, to elect the president and vice president through amendment of its authority to be very limited and weak. This paper examines jurisdictionally how to restore the privileges possessed by the Majelis Permusyawaratan Rakyat through the amendment of the UUD 1945. A normative legal research method with statute approach and conceptual approach is used to analyze this problem.The results of the study indicate that the MPR's repatriation in the main and vital position in the Indonesian state administration system is very important, namely through amendments to the material content of the UUD 1945 which must be implemented on an ongoing basis.


2018 ◽  
pp. 139-168
Author(s):  
Oleksandr Bozhko

The article describes the reminiscences of Oleksnadr Bozhko, Ambassador Extraordinary and Plenipotentiary of Ukraine to Armenia. Having arrived to Yerevan as the first Ambassador of independent Ukraine, the author became a witness to the events that initially led to a long-lasting political crisis, and subsequently to the unconstitutional change of Armenian government. The article analyses the tumultuous events that Ukrainian Embassy faced immediately after its opening in September 1996. At that time, the Armenian society, which for years had been patiently overcoming numerous abuses of power, the arbitrariness of oligarchs, bureaucratic corruption and bribery at courts, broke out with a riot of peaceful disobedience. It was the time when the reminiscences of the fierce Armenian-Azerbaijani War for Nagorno-Karabakh of 1991–1994 were still in minds of people when society had been drawn into an exhaustible internal political confrontation on the eve of the presidential elections. The more electoral confrontation grew, the more dissatisfying was the population with the leadership of the state. Eventually the state of emergency was introduced in the country. These factors affected further activities of Ukrainian diplomats. It was important to quickly find premises suitable for a diplomatic mission and to carry out the diplomatic procedures necessary for the launch of Embassy’s activities. The author states with sorrow that the Ministry of Foreign Affairs of Armenia did not even find money to fuel a car and bring Ukrainian delegation to Yerevan. Shattered roads that have long been unrepaired, queues near bakeries and kerosene selling points, semi-empty store shelves and even faded eyes of those, with whom the author communicated, – those were sad realities of the Armenian life in the mid-nineties. The formation of the diplomatic services in both countries was carried out under difficult conditions, likewise the maintenance of diplomats’ activity in Ukraine was similarly poor then. The article also describes that the stumbling point in Ukrainian-Armenian relations was an issue of Nagorno-Karabakh. The principle of territorial integrity was one of the fundamental in security sphere of Ukraine, whereas Armenia, which acted as guarantor of Nagorno-Karabakh security, adhered to the principle of self-determination of the nation. In this respect, Armenian politicians considered everything related to the Nagorno-Karabakh issue. This dramatic problem was originated from 1921, when Nagorno-Karabakh was included to the Azerbaijani SSR. The policy of displacing the Armenians from their ancestral lands, which was deliberately carried out by the authorities of Soviet Azerbaijan, caused frustration of Armenians, dozens of thousands of whom had lived in that territory for centuries. The author analyses the cooperation with the Directorate for Political Analysis and Planning of the Ministry of Foreign Affairs of Ukraine regarding the defining Ukraine’s possible position in the Armenian-Azerbaijani conflict. The author emphasizes that the article is not just a diplomatic memoirs but also an attempt to comprehend what has happened to us over the past two decades, looking back at the past experience. Keywords: Armenia, Embassy of Ukraine, Nagorno-Karabakh, Ukrainian-Armenian relations.


Author(s):  
Omer Wagner ◽  

Sea freight prices have risen sharply, due to the COVID-19 crisis, global shortages of ships, declining competition in the field, and containers of contagious demand. The increase in transportation costs leads to the increase in the value of goods for customs purposes, and to a further collection of customs duties. The Israeli law allows the state to facilitate importers and waive the extra customs duties, and similar and other facilitations have been made in the past. Therefore, all that is required is the flexibility and activation of goodwill on the part of the state, when interpreting the law.


2018 ◽  
Vol 4 (2) ◽  
pp. 141-152
Author(s):  
Dwi Widia Astuti

The role of taxes is very important in the state finances. Taxes become necessary in financing the expenditures of the state, especially the routine state expenditures. However, not infrequently there are taxpayer actions that cause in State losses. The condition is realized by the government so that the government issued Law Number 11 Year 2016 on Tax Amnesty. However, with the issuance of the Tax Forgiveness Law, it has resulted in various views in the community because for some obedient taxpayers, it is assumed that taxpayers are granted the convenience of their mistakes. So that does not reflect justice as one of the objectives of the law. Based on the issue, the authors will conduct further research on the legality of tax debt relief in the framework of tax forgiveness and the urgency of determining the tax forgiveness rule. This study is qualified as a normative juridical legal research with a type of legal research doctrinal using a statutory approach, and a conceptual approach. From this research, it is expected that the writer can analyze related to the legality of tax debt relief in the framework of tax forgiveness and the urgency of determining tax forgiveness rule.


2018 ◽  
Vol 10 (2) ◽  
Author(s):  
Yokotani Yokotani

Reforms in Indonesia has led to many changes, one change in the state administration system in Indonesia. Post authoritarian era, hopes to form a power ideally through the constitution amendment to be the only way to improve the existing system by step abolish one by one to the authority of the executive power into shades executive heavy, in order to power the institution country to be more balanced with a pattern of horizontal separation between state institutions


1997 ◽  
Vol 69 (9) ◽  
pp. 122-142
Author(s):  
Zoran Lončar

The paper presents the fundamental factors of expropriation (term, concept, history, law reasons, object, subjects) and the role of administration in the procedure of expropriation. From the aspect of whole procedure the author concludes that the state administration has a crucial role. Because of that in the law schools, expropriation in the largest volume would enter the scope of administration law.


Sign in / Sign up

Export Citation Format

Share Document