scholarly journals IMPLEMENTATION OF PUBLIC PARTICIPATION IN THE MAKING OF REGIONAL REGULATIONS IN NORTH KOLAKA REGENCY ACCORDING TO ACT OF THE REPUBLIC OF INDONESIA NO. 12/2011 CONCERNING THE MAKING OF LEGISLATION

2021 ◽  
Vol 3 (2) ◽  
pp. 159-186
Author(s):  
Andi Akbar Herman Andi Akbar Herman

The making of legislation has recently become a subject of discussion among communities, such as the very low level of community participation, arbitrary actions in the making of laws and regulations, the establishment of legislation that seems to be a rushed law product, the Covid-19 pandemic that restrict people to have a gathering to capture the community aspirations, and the establishment of all forms of regulations under the act that may affect people’s mobility in social life.The present study aims to find out the roots of problem concerning the extent of public participation in the making of regional regulations in North Kolaka Regency, Kendari, Indonesia.  Therefore, it is expected that the legislation will be issued in accordance with the will of community and the Act of the Republic of Indonesia No. 12/2011 concerning the Making of Legislation, as amended by the Act of the Republic of Indonesia No. 15/2011 concerning Amendments to the Act of the Republic of Indonesia No. 12/2011 concerning the Making of Legislation.The author employed the combination of normative legal research and empirical legal research as the type of this study. The results indicated that the regional regulations that have been ratified will not be well applicable and effective at the implementation level, since they are not in accordance with the instructions for the making of regional regulations as regulated in the legislation. The presence of regional regulations that do not accommodate all the public interests as well as the low level of public participation will then create a new problem among community. For this reason, more comprehensive public involvement is needed, whether in the form of public sharing, FGD (Focus Group Discussion), or the help of experts in Bapemperda and Regional Government who specifically handle the issue on the making of regional regulations. Keywords: Participation, Public, Regional Regulations

2019 ◽  
Vol 17 (2) ◽  
pp. 167
Author(s):  
King Sulaiman

Abstract : This research aims to find out and explain juridical issues about the model used in the formation of regional laws based on Law Number 23 of 2014 and the inhibiting factors of public participation. The ideal alternative model for the preparation of future Regional Regulations. The research method is in the form of normative legal research (legal research) which originates from primary legal materials, secondary legal materials and tertiary legal materials. Statute approach dan conceptual approach. In this study using descriptivequalitative analysis. Research comes to the conclusion that the 2014 Law Number 23 Year has guaranteed the space for public participation, but the participation model has not been comprehensively regulated. There are various factors inhibiting public participation, such as the political will of policy makers (DPRD and Regional Government), and the attitudes of the public and the media. Finally, a low regulatory factor and a bureaucratic culture that does not provide sufficient space for public participation in the formation of regional regulations. In the future there must be ideal participation models in regional regulations that are clearly regulated in formal regulations, including: First, the public must be actively involved in every stage of the formation of regional regulations. Second, establish permanent cooperation with the formation of regional regulations (DPRD and local government) in providing input on material that will be regulated in the regulations.


2018 ◽  
Vol 8 (1) ◽  
pp. 136
Author(s):  
R. Agus Trihatmoko ◽  
Y. Sri Susilo

The phenomenon regarding the emersion of the idea of Indonesia Raya Incorporated (IRI) is interesting to be thereferences in economic policy studies.This study aim to reveal and interpret the management of state asset ownership as a proposal on the IRI approach. This research used qualitative method, designed with grounded theory approach and constructivism philosophy. Data collection was obtained from the results of Focus Group Discussion (FGD) of economists from various universities. The results reveal that: (1) The gap on state asset ownership by state-owned enterprises(BUMN), regional government-owned enterprises(BUMD) and private sectoras a result of economic liberalization is the antecedent of the emergence of the idea about IRI; (2) IRI encourages changes in the legislation for new economic policies; (3) The new economic policy,in form of IRI eliminates the gap in state asset ownership by BUMN, BUMD and private sector; (4) The gap on state asset ownership by BUMN, BUMD, and private sector will determine the prospects of society welfare level and economic sovereignty, and finally lead to the integrity of the Unitary State of the Republic of Indonesia. It is generally concluded that IRI whichis proposed in the management of state asset ownership has fulfilled the economic constitution.


2020 ◽  
Vol 1 (1) ◽  
pp. 164-169
Author(s):  
I Gede Wijaya Kusuma ◽  
Ida Ayu Putu Widiati ◽  
Luh Putu Suryani

One of the functions of political parties in legislation is as a means of political education and socialization. Political parties are obliged to disseminate their political discourse to the public. However, in its implementation in the field, there are still political parties that have not maximized their function in providing political education to the public. This study discusses (1) What is the function of political parties in providing public political education and its influence on public participation in general elections? (2) What are the implications of political parties that do not implement public political education? This research was conducted by using normative legal research methods, primary and secondary sources of legal materials, methods of collecting legal materials using statute records and others, and analyzing legal materials using descriptive analysis methods. The results of this study indicate that according to Law No.2 of 2011, one of the functions of political parties is to provide political education as a means of education for the wider community to become Indonesian citizens who are aware of their rights and obligations in public. The importance of political education carried out by political parties to the maximum and in its actual essence will be able to have a very good impact on society, which means that people are able to become people who are aware of their obligations in giving choices to political parties or candidates who are true and sincere in terms of welfare. people. The implication of political parties that do not carry out public political education is to cause a decrease in public participation in general elections and this will also lead to apparently unhealthy political conditions and allow high abstention due to low levels of public participation.


Author(s):  
Mirjam Dibra ◽  
Dea Strica

The public participation (PP) is widely legitimised as a vital prerequisite to achieve sustainable development and as a basic principle of democracy. Under the conditions of the new territorial administrative-territorial division of local government units in the Republic of Albania, the Malesia e Madhe (MM) Municipality is a new one. The purpose of this study was the assessment of attitudes of the local community of areas under the administration of MM Municipality on PP in local planning and decision-making in order to influence future behaviours of the local community to take active part in local decision-making processes. The questionnaire was used as a research instrument for the local community of this Municipality. The research results showed that the local community of this area was generally aware of the need for their involvement in local decision-making, but they considered the municipality as the main responsibility for their involvement in this process. Keywords: Albania, local planning & decision-making, Malesia e Madhe Municipality, public participation.


2018 ◽  
Vol 1 (1) ◽  
pp. 50
Author(s):  
Nurwita Ismail

In essence the right of everyone to get the same job and opportunity in government, is one of the instruments in trying to improve prosperity and prosperity of the people. This corresponds to the basic philosophy of the state summarized in Pancasila, where the five precepts of Pancasila should be viewed as one unified whole. Even has been translated in the Constitution of the Republic of Indonesia (UUD) Year 1945, as well as a constitutional basis in governance, nation and state.The importance of Gorontalo Regency Government / related agencies especially Regional Personnel Agency (BKD) performs acceptance in accordance with the mechanisms stipulated in several Laws and Regulations in particular PP. 43 of 2007, with the expectation that the quantity of civil servants can dominate the quality so that the public expectation of the quality of service and the acceleration of regional development can be fulfilled. Type of research Sociological Juridical. Juridical Sociological Research is a legal research that combines the research of normative law and sociological law research.


2010 ◽  
Vol 22 (12) ◽  
pp. 1301-1318
Author(s):  
Fita Kurniawati

Regional Government of DKI Jakarta and Kepulauan Senbu have autlwrihj to develop and manageall of the regional resources in order to gain society welfare which remains on three nzain purposes ofdevelopment. As a matter of fact, the government poli.Clj sometimes does not meet the needs of publicdemands due to the existing condition. One common problem face biJ Kepulauan Senbu is ineffectivenesspoli.Clj programs due to the condition exist and the low level aaessibilitt/ s. T7ierefore, this policyresearch tries to identifiJ and analyze the government's poli.Clj compares to the existing situation. T71eresult of study showed that there are policies incompatibilities 1uith the public needs dealing with theregional planning and mass transportation, lack of coordination among government institution, andthe needs of strategies and regulator's reformation especial.Ly seeing the archipelago regional planningfrom small islands development's points of view.


2020 ◽  
Vol 1 (2) ◽  
pp. 399-403
Author(s):  
I Made Adi Putra ◽  
I Nyoman Putu Budiartha ◽  
I Ketut Sukadana

It is common for a large motorbike convoy to cause accidents, both between large motorbike riders and other vehicle riders. This is due to the fact that the speed of the large-sized motorbikes itself can be said to be quite fast, coupled with the behavior of some of these riders who sometimes like to run red lights and put aside the traffic signs, which often results in accidents. Based on this factual background, the legal issues examined in this study are: What is the authority of the police in escorting large motorbike convoys and what is the responsibility of the police in implementing the convoy when accident victims occur on the road. The type of research used in this research is normative legal research. The results of this research are that the authority of the police apparatus in providing escort for large motorbike convoys is the provision of Article 14 letters a and 18 paragraph (1) of Law no. 2 of 2002 concerning the National Police of the Republic of Indonesia and Article 12 letter e of Law No. 22 of 2009. These provisions basically constitute the authority of the police apparatus to carry out the regulation, guarding, escort and patrol of community and government activities as needed, and to give the authority to act according to their own judgment in the public interest. The responsibility of the police is to carry out the convoy in the event of a victim of an accident on the highway in order to maintain order and ensure security, safety, orderliness and smoothness of road transportation.


2018 ◽  
Vol 1 (2) ◽  
Author(s):  
Bagio Kadaryanto

Consequences of the implementation of the Act Number 23 of 2014 on Regional Government spawned extraordinary complexity of the problems in some areas. One of the problems that arise is a rampant discourse of regional expansion that occurs both at the provincial and district/city. In essence, the establishment, merger, and abolition of the area aim to improve public services to be more optimal, shorten the span of control, and accelerate the welfare of society in strengthening the integrity of the Unitary Republic of Indonesia. The purpose of this study was to determine the implications of the establishment of new autonomous regions in the frame of the Republic of Indonesia based on Act Number 23 of 2014 on Regional Government; and to understand the implications of the establishment of new autonomous regions preparation for improving people's welfare by Act Number 23 of 2014 on Regional Government. This type of research is a normative legal research. Methods and techniques of data collection through library studies or studies document. Mechanical analysis of legal material is a descriptive qualitative. Conclusions from this research are that the implications of the establishment of regional preparation of new autonomous within the framework of the Unitary Republic of Indonesia before Act Number 23 of 2014 on Regional Government due to the local communities feel there is an imbalance of equity and fairness between regions with each other in the local government areas. Implications of the establishment of new autonomous regions preparation for improving people's welfare by Act Number 23 of 2014 on Regional Government that in order to establish an area or region of the expansion needed a measure as the basis for the determination. Establishment and expansion of new areas should be based on the divisions that are objective with those aspects of the financing of Human Resources and other support facilities


Author(s):  
Djatu Apriellia

The audit board of the republic of Indonesia (BPK) examination results in recommendations that must be followed by the public officials. Recommendations are needed for improvements in the management of financial governance. This research is normative as for the issues discussed in this research are first the follow-up monitoring arrangements on BPK recommendations and the sanctions if the recommendation is not followed by the audited entity. This legal research was conducted by examining the primary legal materials and secondary law. The results of this research show that normatively monitoring arrangements follow up on BPK recommendations currently using Peraturan BPK Nomor 2 Tahun 2017 which will use the information system so that the implementation of the follow-up monitoring of the audit board recommendations will be faster, more accurate, and efficient. Furthermore, if the public officials did not discharge the audit board recommendation then will be subject to administrative sanctions and criminal sanctions, but BPK has not had mechanisms and procedures for reporting to the police departement if the recommendation that has not been or is not acted upon by the audited entity. Hasil pemeriksaan BPK menghasilkan rekomendasi yang wajib ditindaklanjuti oleh pejabat. Rekomendasi diperlukan untuk perbaikan-perbaikan manajemen dalam menciptakan tata kelola keuangan negara yang lebih baik. Penelitian ini merupakan penelitian normatif adapun permasalahan yang dibahas dalam penelitian ini adalah pertama pengaturan pemantauan tindak lanjut rekomendasi hasil pemeriksaan BPK saat ini dan kedua sanksi apabila rekomendasi BPK tidak ditindaklanjuti oleh entitas yang diperiksa. Penelitian hukum ini dilakukan dengan cara meneliti bahan hukum primer dan bahan hukum sekunder. Hasil penelitian ini menunjukkan bahwa secara normatif pengaturan pemantauan tindak lanjut rekomendasi hasil pemeriksaan BPK saat ini menggunakan Peraturan BPK Nomor 2 Tahun 2017 yang akan menggunakan sistem informasi pemantauan tindak lanjut sehingga pelaksanaan pemantauan tindak lanjut rekomendasi BPK akan lebih cepat, akurat, dan efisien. Selanjutnya apabila pejabat tidak melaksanakan rekomendasi BPK maka akan dikenai sanksi administratif maupun sanksi pidana, namun BPK belum memiliki mekanisme dan prosedur pelaporan kepada pihak kepolisian apabila rekomendasi BPK yang belum atau tidak ditindaklanjuti oleh entitas yang diperiksa.


2015 ◽  
Vol 17 (02) ◽  
pp. 1550022 ◽  
Author(s):  
Fernando Vicente ◽  
Teresa Fidélis ◽  
Gonzalo Méndez

Since 2000, the Transboundary Environmental Impact Assessment (TEIA) process in the Iberian context has undergone significant development due to new circumstances that came into play at the bilateral and European levels: (i) the adoption of a collaborative TEIA Protocol between Spain and Portugal in 2008; and (ii) the increasing number of cross-border projects supported by European Union funds. Despite these developments, the impact of this bilateral regulation on public participation, the cornerstone of any Environmental Impact Assessment (EIA), has not yet been fully examined. Drawing from specific literature focusing on the involvement of the public as the basis of effective improvement of the TEIA, this paper critically analyses if the lates transboundary provision has encouraged public participation in this context. Although the analysis of the TEIA enforcement revealed a considerable increase in the number of consultations between the neighbouring states compared to the previous situation, public involvement has not increased. Based on these findings, this paper presents a set of recommendations to more effectively involve the public in transboundary consultations.


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