scholarly journals PERANAN NEGARA DAN HUKUM DALAM MEMBERANTAS KEMISKINAN DENGAN MEWUJUDKAN KESEJAHTERAAN UMUM

2010 ◽  
Vol 40 (3) ◽  
pp. 390
Author(s):  
Yohanes Suhardin
Keyword(s):  
Social Justice ◽  
The State ◽  
Public Welfare ◽  
The Public ◽  
Role Of The State ◽  
Strategic Role ◽  
The Creation ◽  
The Government ◽  
Legal Product

AbstrakThe role of the state in combating poverty is very strategic. Combatingpoverty means to free citizens who are poor. The strategic role given thenational ideals (read: state) is the creation of public welfare. Therefore,countries in this regard the government as the organizer of the state musthold fast to the national ideals through legal product that is loaded withsocial justice values in order to realize common prosperity. Therefore, thenature of the law is justice, then in the context of the state, the lawestablished for the creation of social justice. Law believed that social justiceas the path to the public welfare so that the Indonesian people in a relativelyshort time to eradicate poverty.

scholarly journals PENANGANAN PELANGGARAN SERTA PERAN APARATUR SIPIL NEGARA (ASN) SEBAGAI PENCIPTA IKLIM KONDUSIF DEMOKRASI DALAM PENYELENGARAAN PEMILU

Yustitia ◽  
2020 ◽  
Vol 6 (1) ◽  
pp. 108-118
Author(s):  
Suhendar Suhendar ◽  
Riva Rachmi Kusumah
Keyword(s):  
The State ◽  
General Election ◽  
The Public ◽  
Role Of The State ◽  
General Elections ◽  
The Government

Neutrality is an important capital for the State Civil Apparatus (ASN) as the government organizer. However, it is not easy to realize the principle called neutrality. There are several factors that make it difficult for ASNs to be neutral. First, the massive amount of ASN. ASN has a good understanding of the government's governance policies, as well as the authority possessed by the country's civil apparatus. Various regulations related to elections both in the handling of violations and the state civil apparatus are indeed well structured, but they should be able to reduce the potential behavior of the community, election participants and election organizers, but the potential for violations in the general election yesterday was large enough so that the authors are interested in researching deeper, based on Indonesia being a state of law both the government and its people must obey and abide by existing laws, but unfortunate law made easily by the public is one of the regulations related to general elections, this paper focuses on the role of the state civil apparatus in organizing general elections and handling election violations in the Indramayu district

scholarly journals Hak Masyarakat Hukum Adat Dalam Pelaksanaan Pengadaan Tanah Ulayat Bagi Pembangunan Untuk Kepentingan Umum

2021 ◽  
Vol 8 (1) ◽  
Author(s):  
Miranda Nissa Hilal Liani ◽  
Atik Winanti
Keyword(s):  
Indigenous Peoples ◽  
Public Interest ◽  
The State ◽  
Customary Law ◽  
Land Acquisition ◽  
Conceptual Approach ◽  
The Public ◽  
Role Of The State ◽  
The Government

AbstractLand is a natural wealth that is very important for humans and has an important function in development. In carrying out activities carried out by the government, namely land acquisition for the public interest, which has the aim of building public facilities for the benefit of the community. In carrying out land acquisition, ulayat land is often the target for alleged land acquisition. However, using ulayat land for land acquisition often creates problems. The purpose of this paper is to determine the control of indigenous peoples' rights in land acquisition and to determine the role of the state in providing compensation for land acquisition for development in the public interest. The research method used is juridical normative using a statutory approach and a conceptual approach. The result of this research is that the rights of customary law communities have been regulated constitutionally by the State, and the role of indigenous peoples is regulated in Law no. 71/2012. However, the fact is that during the land acquisition process, customary law communities are often not involved, the government should provide legal certainty and protection to the customary law community so that these problems do not harm the customary law community.Keyword: Land Procurement, Customary Law Communities, Customary Land. AbstrakTanah merupakan kekayaan alam yang sangat penting bagi manusia dan memiliki fungsi yang penting dalam pembangunan. Dalam melakukan kegiatan yang dilakukan oleh pemerintah yaitu pengadaan tanah bagi kepentingan umum, yang mana memiliki tujuan untuk membangun fasilittas umum agar bermanfaat bagi masyarakat. Dalam melakukan pengadaan tanah, seringkali tanah ulayat dijadikan sasaran untuk diduganakan pengadaan tanah. Namun, dalam menggunakan tanah ulayat untuk pengadaan tanah tersebut seringkali menimbulkan masalah. Tujuan dari penulisan ini untuk mengetahui pengantutan mengenai hak-hak masyarakat adat dalam pengadaan tanah dan untuk mengetahui peran negara dalam pemberian ganti kerugian pada pengadaan tanah bagi pembangunan untuk kepentingan umum. Metode penelitian yang digunakan adalah yuridis normative dengan menggunakan pendekatan perundang-undangan dan pendekatan konseptual. Hasil dari penelitian ini adalah bahwa hak masyarakat hukum adat telah diatur secara konstitutional oleh Negara, serta peran masyarakat hukum adat diatur didalam UU No. 71/2012. Namun pada faktanya saat proses pengadaan tanah, masyarakat hukum adat seringkali tidak dilibatkan, seharusnya pemerintah dalam pengadaan tanah memberikan kepastian serta perlindnungan hukum kepada masyarakat hukum adat agar permasalahan-permasalahan tersebut tidak merugikan masyarakat hukum adat.Kata Kunci: Pengadaan Tanah, Masyarakat adat, Tanah Ulayat

scholarly journals REPOSISI DAN PERAN BIROKRASI

2020 ◽  
Vol 3 (1) ◽  
pp. 51-58
Author(s):  
Firdaus Firdaus ◽  
Susi Lawati
Keyword(s):  
Political Power ◽  
The State ◽  
The Public ◽  
The People ◽  
Role Of The State ◽  
Political Interests ◽  
Public Bureaucracy ◽  
Government Bureaucracy ◽  
The Government

The position and role of the state apparatus which is often referred to as the government bureaucracy is of concern, because most of the life of the state is regulated and determined by the government through the government bureaucracy. The position and role of the bureaucracy is interesting to discuss because the position and role have not been as expected. In general, the position of the government bureaucracy is always opposite between the rulers of the government / state and the people or the people they control. Where should the position of the bureaucracy be and what role should it play as long as the bureaucracy emphasizes the position of political power rather than socio-culture, the bureaucracy becomes a servant to certain political interests so that services to the public are replaced by services to political power, so that every service is rooted in public service. always has the color of power and prioritizes the political interests served instead of the public interest as a whole. In line with the changes that have occurred in the order of government implementation and the development of community life in various aspects of life, the role of society in the life of the state has begun to be felt. Public demands began to affect the government work bureaucracy system. This situation in turn makes it increasingly possible to change the position and role of the public bureaucracy.

The Legal Framework for Foundations in the Habsburg Monarchy from 1750 to 1918

2017 ◽  
Vol 1 (2) ◽  
pp. 154-172
Author(s):  
Gabriele Schneider
Keyword(s):  
Public Good ◽  
Legal System ◽  
Legal Framework ◽  
The State ◽  
Habsburg Monarchy ◽  
The Public ◽  
Regulation And Supervision ◽  
Role Of The State ◽  
The Law

Foundations, as permanent funds established by a certain legal act, can serve manifold purposes, but often pursue charitable goals. As such, they play an important role for the public good. Therefore, states always had an interest in fostering foundations by providing a pertinent legal framework. In Austria, this topic has not yet been the focus of scholarship. Through this study some light is shed on the implementation of the law on foundations in the Habsburg Monarchy. It focuses on the role of the state and its legal system regarding the regulation and supervision of foundations from 1750 to 1918. This period is characterized by the sovereigns’ endeavor to regulate the position of foundations via extensive legislation. In particular, a system of oversight for foundations was created in order to guarantee the attainment of their charitable goals. In fact, this system prevailed until the end of the 20thcentury.

scholarly journals Ideology and Pragmatism: Discourse Factors in Infrastructure Development in Indonesia’s Jokowi-JK Era

2019 ◽  
Vol 4 (2) ◽  
pp. 297
Author(s):  
Fredick Broven Ekayanta
Keyword(s):  
The State ◽  
Infrastructure Development ◽  
Economic Policies ◽  
Development Discourse ◽  
Dominant Discourse ◽  
Ernesto Laclau ◽  
Role Of The State ◽  
The Reformation ◽  
The Government

The discussion about development discourse in a country talking about how an idea affect economic policies. In Indonesia, the development discourse continues to change depending on the ruling regime. After the reformation, the dominant discourse is a neoliberal one that minimizes the role of the state in development. During the reign of Jokowi-JK, however, the role of the state strengthened. The government plans to build a massive infrastructure of the physical economy. The government legitimized its choice of action as the implementation of the Pancasila and Trisakti ideologies. Using the theories of Ernesto Laclau and Chantal Mouffe, this article argues that the state legitimizes its policies as implementing ideology by building infrastructure development discourse, but covers only pragmatic practices that occur. The practices themselves are pragmatic because the government ignored the fate and rights of citizens affected by infrastructure development.

scholarly journals KONSEP WELLFARE STATE DI INDONEISA

2017 ◽  
Vol 1 (1) ◽  
Author(s):  
Winda Roselina Effendi
Keyword(s):  
Social Security ◽  
Welfare State ◽  
Social Services ◽  
The State ◽  
The Public ◽  
The People ◽  
Role Of The State ◽  
Market Economy System ◽  
Economy System

Walfare State concept born in the era of the 20th century as a correction of the development of the concept of the country as night watchman, the phenomenon of economic capitalism that gradually leads to lameness in the distribution of sources of prosperity. In the Walfare State concept, the state is required to extend its responsibility to the socio-economic problems facing the people. The functions of the state also include activities that were previously beyond the scope of state functions, such as extending the provision of social services to individuals and families in specific matters, such as social security. The role of the state can not be separated with Welfare State because the state that plays a role in managing the economy which includes the responsibility of the state to ensure the availability of basic welfare services in certain levels. Welfare State does not reject the existence of a capitalist market economy system but believes that there are elements in the public order that are more important than market objectives and can only be achieved by controlling and limiting the operation of such market mechanisms.Keywords: walfare state, country, economic systemKonsep Walfare State yang lahir di era abad ke-20 sebagai koreksi berkembangnya konsep negara sebagai penjaga malam, gejala kapitalisme perekonomian yang secara perlahan-lahan menyebabkan terjadinya kepincangan dalam pembagian sumber-sumber kemakmuran bersarma. Dalam konsep Walfare State, negara dituntut untuk memperluas tanggung jawabnya kepada masalah-masalah sosial ekonomi yang dihadapi rakyat. Fungsi negara juga meliputi kegiatan-kegiatan yang sebelumnya berada diluar jangkauan fungsi negara, seperti memperluas ketentuan pelayanan sosial kepada individu dan keluarga dalam hal-hal khusus, seperti social security, kesehatan.  Peran negara tidak bisa dipisahkan dengan Welfare State karena negara yang berperan dalam mengelola perekonomian yang yang di dalamnya mencakup tanggung jawab negara untuk menjamin ketersediaan pelayanan kesejahteraan dasar dalam tingkat tertentu. Welfare State tidak menolak keberadaan sistem ekonomi pasar kapitalis tetapi meyakini bahwa ada elemen-elemen dalam tatanan masyarakat yang lebih penting dari tujuan-tujuan pasar dan hanya dapat dicapai dengan mengendalikan dan membatasi bekerjanya mekanisme pasar tersebut. Kata Kunci: walfare state, negara,sistem ekonomi 

scholarly journals The Problem of State Violence

Daedalus ◽  
2022 ◽  
Vol 151 (1) ◽  
pp. 22-37
Author(s):  
Paul Butler
Keyword(s):  
Use Of Force ◽  
State Violence ◽  
The State ◽  
Power Sharing ◽  
The Public ◽  
Role Of The State ◽  
Abuse And Neglect ◽  
The Future ◽  
State Actors

Abstract When violence occurs, the state has an obligation to respond to and reduce the impacts of it; yet often the state originates, or at least contributes to, the violence. This may occur in a variety of ways, including through the use of force by police, pretrial incarceration at local jails, long periods of incarceration in prisons, or abuse and neglect of people who are incarcerated. This essay explores the role of the state in responding to violence and how it should contribute to reducing violence in communities, as well as in its own operations. Finally, it explores what the future of collaboration between state actors and the community looks like and offers examples of successful power-sharing and co-producing of safety between the state and the public.

Transformation of the State and Political Economy of the Governance

2020 ◽  
pp. 239-257
Author(s):  
Emek Yıldırım
Keyword(s):  
Political Economy ◽  
Public Administration ◽  
Institutional Economics ◽  
New Institutional Economics ◽  
The State ◽  
State Model ◽  
Functional Changes ◽  
The Public ◽  
Role Of The State

By the 1980s and 1990s, neoliberal policies such as privatizations and deregulations transforming the minimal state model to regulative state model from the Keynesian social welfare state system made some structural and functional changes in the state mechanism, and the public administration has been in the first place due to the changing relationship between the state and the market. In fact, within this context, the new institutional economics (NIE) had a remarkable influence upon the debates upon the altering role of the state. Hence, the transformation of the state in this regard also revealed the argumentations on the governance paradigm along with the doctrinaire contributions of the new institutional economics. Therefore, this chapter will discuss the transformation of the state and the political economy of the governance together with a critical assessment of the new institutional economics in the public administration.

scholarly journals Social Movement at Indonesia - Malaysia Border (A Case Study of Indonesian Migrant Workers’ Education in Sebatik Island, a Land Border of Indonesia - Malaysia)

2018 ◽  
Vol 73 ◽  
pp. 11013
Author(s):  
Warsono Hardi ◽  
Nurcahyanto Herbasuki ◽  
Rifda Khaerani Thalita
Keyword(s):  
Migrant Workers ◽  
Basic Education ◽  
The State ◽  
Private Companies ◽  
Mining Company ◽  
Border Area ◽  
The Public ◽  
The Government

The condition of the state border area between Indonesia and Malaysia is totally different. Children of Indonesian Workers (TKI) have no (limited) access to learn in formal schools since they do not have citizenship documents. This study aims to analyze the implementation of basic education mission in the border area, particularly in Sebatik island, Nunukan regency, North Kalimantan province. In addition, the research was conducted using qualitative explorative approach. Problems arising at the border area are very diverse and systemic. The Indonesian government conducts the education in border areas still very limitedly. The role of the public, corporate and private companies (Three Net Working) becomes very important in operating the schools in border area. The role of a former lecturer who is famously called Mrs. Midwife Suraidah is very dominant in helping TKI’s children to learn a variety of knowledge in Sekolah Tapal Batas (Tapal Batas School) in Sebatik island, Nunukan Regency, North Kalimantan province. Some help from companies such as Pertamina (national oil mining company), Dompet Dhuafa foundation and volunteers who are willing to be teachers strongly support the continuously of Tapal Batas School. The continuity of basic education in the state border becomes a challenge for the government since the purpose of the country written in the opening of Constitution 1945 is the intellectual life of the nation can be realized by implementing it in Nawacita program.

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