Pecalang Existence in Keeping Public Order and Safety of Pakraman on the Celebration of Nyepi in Bali

2016 ◽  
Vol 3 (9) ◽  
pp. 8
Author(s):  
Ni Nyoman Juwita Arsawati
Keyword(s):  
Physical Environment ◽  
Task Force ◽  
The State ◽  
Provincial Government ◽  
Customary Law ◽  
Public Order ◽  
Cultural Environment ◽  
Regional Government ◽  
International Scope ◽  
The Republic

Constitution of the Republic of Indonesia 1945 on Regional Government, especially in Article 18 and paragraph (2) states that "the state recognizes and respects units of customary law communities along with their traditional rights as long as they still live, and in accordance with the development of society and the principles of the Republic of Indonesia, which is regulated by law ". In response to these provisions, the Bali provincial government released Regional Law 3 of 2003 on Pakraman and Customs Agency by sticking to the philosophy of "Tri Hita Karana". In maintaining security and public order Pakraman in Bali, a task force was formed traditionally called "pecalang", which means "celang" (the sharpness of the senses). Pecalang becomes one device of Pakraman, due to the formation through village Paruman (meeting) based on the teachings of Hinduism. Not all citizens can be pecalang of Pakraman, but the election is carried out by village prajuru based on Paruman stated in the villages "awig awig" (law). Therefore, based on the concept of "ngayah" (not  paid), a pecalang in any activities is related to customs, religion, and other activities with  national and international scope, are required to participate in maintaining security and order of Pakraman, the area where pecalang domiciled. Especially on Nyepi, pecalang in maintaining security and order in each Pakraman both the physical environment, socio-cultural environment, including the behavior of the villagers, still do a good cooperation with the police of state and the entire community in Pakraman with coordination on any activities carried out.

scholarly journals PENGISIAN JABATAN GUBERNUR DAN WAKIL GUBERNUR DAERAH ISTIMEWA YOGYAKARTA BERDASAR UNDANG-UNDANG NOMOR 13 TAHUN 2012 TENTANG KEISTIMEWAAN DAERAH ISTIMEWA YOGYAKARTA

2018 ◽  
Vol 8 (1) ◽  
pp. 56
Author(s):  
BINOV HANDITYA
Keyword(s):  
The State ◽  
Customary Law ◽  
Regional Government ◽  
Unitary State ◽  
The People ◽  
Special Area ◽  
The Will ◽  
The Republic ◽  
Special Region

<p>Negara Kesatuan Republik Indonesia mengakui dan menghormati satuan-satuan pemerintahan daerah yang bersifat khusus atau bersifat istimewa yang diatur dengan undang-undang. Negara juga menghormati kesatuan-kesatuan masyarakat hukum adat serta hak-hak tradisonalnya sepanjang masih hidup dan sesuai dengan perkembangan masyarakat dan prinsip Negara Kesatuan Republik Indonesia, yang diatur dalam undang-undang. Dengan adanya hal tersebut di atas maka pelaksanaan pemilihan kepala daerah di daerah tersebut terpengaruh oleh kesatuan-kesatuan masyarakat hukum adat serta hak-hak tradisonalnya sepanjang masih hidup dan sesuai dengan perkembangan masyarakat. Dengan adanya Undang-undang Keistimewaan Daerah Istimewa Yogyakarta menggambarkan keadaan Daerah Istimewa Yogyakarta yang merupakan daerah khusus atau istimewa dan negara menghormati daerah yang mempunyai sifat khusus atau istimewa. Pengisian jabatan gubernur dan Wakil Gubernur Daerah Istimewa Yogyakarta sudah sesuai dengan asas demokrasi, karena hakikat demokrasi itu sendiri adalah kehendak rakyat itu sendiri.</p><p><em>The Unitary State of the Republic of Indonesia recognizes and respects special or special regional government units compiled by law. The State also respects the unity of indigenous and tribal peoples and the rights of traditionality together alive and in accordance with the development of society and the principle of the Unitary State of the Republic of Indonesia, as governed by law. Given the above matters, the work undertaken by customary law bodies and the rights of common traditions is still evolving and developing with the community. With the provisions of the Special Privileges Act of Yogyakarta Special Region, Special Region of Yogyakarta which is a special area and special areas that have special or special properties. Filling the post of governor and Deputy Governor of Yogyakarta Special Region has been in accordance with the principle of democracy, because the essence of democracy itself is the will of the people themselves.</em></p>

scholarly journals Tolak Ukur Pembebasan Pajak Bagi Lembaga Perkreditan Desa (LPD) Di Wilayah Provinsi Bali

2020 ◽  
Vol 2 (2) ◽  
pp. 58-72
Author(s):  
I Wayan Bandem ◽  
I Nyoman Suandika
Keyword(s):  
Rural Communities ◽  
National Development ◽  
Provincial Government ◽  
Customary Law ◽  
Regional Government ◽  
Microfinance Institutions ◽  
Unitary State ◽  
Starting Point ◽  
The Republic ◽  
The Government

As Article 1 paragraph (3) of the State Constitution of the Republic of Indonesia is the stateof Indonesia is a state of law. Understanding the rule of law is simply a country whose administrationof power is based on law. and Article 1 paragraph (1) of the 1945 Constitution that the Indonesian stateis a Republican unitary state with a government structure that is the Government, Provincial RegionalGovernment, Regency / City Regional Government and the lowest government is the VillageGovernment which has their respective leaders based on legislation applicable legislation. Inconnection with the establishment of the LPD in article 33 of the 1945 Constitution and in Article 18Bparagraph (2) of the 1945 Constitution of the Republic of Indonesia which reads "that the staterecognizes and respects customary law units and their traditional rights insofar as it is still alive andin accordance with the development of society and the principle of the unitary State of the Republic ofIndonesia, which is regulated in law. So the provincial government of Bali based on the Rural CreditSeminar dated February 21, 1984 in Semarang The Governor of Bali initiated the establishment ofVillage Heritage Institutions (LPD) in the province of Bali in the role of national development with theaim of: 1) Encouraging economic development in rural communities through targeted savings andeffective capital distribution; 2) Eradicating the practice of bondage, illegal pawns, and others in thecountryside; 3) Creating business opportunities for villagers and rural workers, and; 4) Increasingpurchasing power and facilitating traffic payments and circulation So that the authors are interested inexamining the Tax Exemption Benchmark for LPDs in Bali Province with the research method used isjuridical-normative research. Taking into account that the starting point of research on legislation andthe fact that it began from the founding of the LPD in 1984 until now has not been taxed. In the courseof its operation the LPD in Bali by the three Ministers in 2009 issued a Joint Decree of the Minister ofFinance, Minister of Home Affairs, Minister of State for Koprasi and Small and Medium Enterprisesand Governor of Bank Indonesia Number.351.1 / KMK.010 / 2009, Number 900-639A in 2009, Number01 / SKB / M.KUKM / IX / 2009, Number 11 / 43A / KRP.GBI / 2009 concerning the DevelopmentStrategy of Microfinance Institutions. Affirmed through a letter from the Minister of Home AffairsNumber 412.2 / 3883 / SJ dated November 4, 2009 to the managers of institutions microfinance thatdoes not yet have a clear institutional status based on the prevailing laws and regulations. So that theGovernor of Bali Made Mangku Pastika on behalf of the provincial government of Bali submits a Letterof Governor of Bali Number 900/8999 / PLP. Ekbang dated 15 December 2009 to Minister of InternalAffairs The Republic of Indonesia prihal; The Strategy for the Development of MicrofinanceInstitutions. Thus, with the issuance of Law Number 1 of 2013 concerning Microfinance Institutions(MFIs), it was stated that the Village Credit Institutions and Pitih Negari Granaries and institutionsthat existed before the Laws were in effect were declared to be based on adat and not subject to thisLaw. The real benefits of the existence of LPD can be proven by the distribution of net profits each yearas profit retribution by dividing the following: 60% for fertilizing LPD business capital, 10%production services for labor, contributions to Indigenous Villages 20% for development funds inPakraman Village, as well as 5% for social funds, and 5% for empowerment funds deposited by theLPD at the agency / agency that is given the authority to regulate and manage them based on the Perdaand Decree of the Governor of Bali.

scholarly journals KEDUDUKAN HUKUM HAK ULAYAT MASYARAKAT HUKUM ADAT DIHUBUNGKAN DENGAN OTONOMI DAERAH (STUDI DI KECAMATAN HARIAN KABUPATEN SAMOSIR)

2021 ◽  
Vol 29 (2) ◽  
pp. 125
Author(s):  
Mangapul Marbun
Keyword(s):  
Indigenous Peoples ◽  
The State ◽  
Customary Law ◽  
Regional Government ◽  
Legal Certainty ◽  
Regional Autonomy ◽  
Community Rights ◽  
Customary Rights ◽  
The Republic ◽  
The Government

The position of the customary rights of the customary law community in the Toba Batak community, namely the rights owned by a clan (State land), controlled, managed, utilized, the land and its contents for the needs of the citizens / descendants of the partnership as collective property that can be passed down from generation to generation (geneological) based on customary law. The UUPA recognizes the position of the ulayat rights of the customary law community in a formal juridical manner with discussion if in reality it still exists and does not conflict with the interests of the national, nation and state. The 1945 Constitution of the Republic of Indonesia Article 18-B paragraph (2), Article 28-I paragraph (3) The State recognizes and respects the customary public and their traditional rights as long as they are still alive. The cultural identity of traditional community rights is respected in accordance with the times and civilizations. The position of the customary rights of the Batak Toba community (land marga) in this study is still not as expected, in regulating and protecting laws from the past to the present, regulation and protection are still based on local customary laws. In Law No. 23/2014/9/2015 concerning Regional Government grants the authority of rights and responsibilities to provincial, regency / city governments to regulate and manage their own regions, one of the areas of defense based on the widest possible regional autonomy. The authority, rights and responsibilities of regional governments in regulating and protecting, managing their own ulayat rights (clan land) in certain areas are also in line with Presidential Decree No. 34 regarding policies in the defense sector, one of which is stipulation and is also in line with the government regulation of the Republic of Indonesia No. 38 Year 20007 concerning the Division of Government Affairs between the government and the Provincial Government of the Regency / City Government as a government affair which becomes the authority of the regional government towards the position of the ulayat rights of the customary law community in certain areas. In this study, in the Daily District of Samosir Regency. The authority, rights and obligations of Regional Government through stipulation in the form of Regional regulations have not been implemented, especially regarding local clan lands (ulayat rights of indigenous peoples). Therefore, this problem needs to be researched to get a true picture of the status of customary community rights in relation to regional autonomy in the Daily District of Samosir Regency. The results of this study, in the Samosir Kewenagan Regency Daily sub-district, the rights and obligations of regional government, it turns out that Tanah Marga (Hak Ulayat) is still regulated by local customary law, in fact the local government has the authority, rights and obligations to regulate and protect Ulayat Rights (Tanah Marga). certain by stipulation in the form of regional regulations, with the aim of providing legal certainty and benefits for the customary law community. Based on the research, it shows that the Land of Marga / Ulayat Rights of Indigenous Peoples in Harian District, generally in Samosir Regency, both horizontally and vertically until this research was conducted, there has been no settlement of certain customary rights of customary communities, in other words conflict resolution is still stagnant. The government needs to immediately establish the customary rights of customary communities in the form of a law. To ensure legal certainty / benefit and justice for all certain Customary law communities. Because ulayat rights are basically still found and still live according to the civilization of the Batak Toba people in the Daily District of Samosir Regency, which does not conflict with the development and interests of the Nation and the State.

scholarly journals Potik Hukum Pemerintahan Desa

2019 ◽  
Vol 1 (2) ◽  
pp. 208
Author(s):  
Dodi Jaya Wardana
Keyword(s):  
The State ◽  
Regional Government ◽  
Unitary State ◽  
Regulatory Law ◽  
The Republic ◽  
Village Government

The State recognizes and respects regional government units that are special or special in nature which are regulated by law. Second, the State recognizes indigenous and tribal peoples' units along with their traditional rights insofar as they are alive and in accordance with the development of society and the principles of the Unitary State of the Republic of Indonesia, which are regulated in law. Politics of village government law, it cannot be separated from 3 (three) main bases, namely philosophical, sociological and juridical basis. The politics of regulatory law above are the basis for legal politics for regulations that are below, so that there should not be any universal inconsistencies. In addition, horizontally the legal politics of legislation must also be consistent

scholarly journals RELEVANSI KONSEP NEGARA HUKUM PANCASILA DENGAN WELFARE STATE DALAM IMPLEMENTASINYA DENGAN PELAYANAN PUBLIK DI INDONESIA

2017 ◽  
Vol 6 (1) ◽  
pp. 1
Author(s):  
I Ketut Cahyadi Putra
Keyword(s):  
Human Rights ◽  
Social Justice ◽  
Welfare State ◽  
The State ◽  
Customary Law ◽  
Public Welfare ◽  
Basic Formula ◽  
State Administration ◽  
Protection Of Human Rights ◽  
The Republic

The State of Pancasila Law essentially stems from the principle of kinship, deliberation of consensus based on customary law, and protection of human rights with the principle of balance between the rights and obligations and the function of the law of auxiliary. As contained in the Fifth Precept of Pancasila that is social justice for all Indonesian people, and the opening of the 1945 Constitution of the Republic of Indonesia related to the phrase "advancing public welfare" is the basic formula of welfare state ideology then manifested into the constitution of the state of Indonesia to be made Guidance of nation life and state administration. Negara Hukum Pancasila esensinya berpangkal pada asas kekeluargaan, musyawarah mufakat berlandaskan hukum adat, dan perlindungan hak asasi manusia dengan prinsip keseimbangan antara hak dan kewajiban dan fungsi hukum pengayoman. Sebagaimana yang terkandung dalam Sila Kelima Pancasila yaitu keadilan sosial bagi seluruh rakyat Indonesia, dan pembukaan Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 terkait frase “memajukan kesejahteraan umum” merupakan rumusan dasar ideologi welfare state kemudian dimanifestasikan ke dalam batang tubuh konstitusi negara Indonesia untuk dijadikan pedoman hidup berbangsa dan penyelenggaraan kenegaraan.

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.

The Dispute on Jurisdictional Immunities of the State before the ICJ: Is the Time Ripe for a Change of the Law?

2011 ◽  
Vol 24 (1) ◽  
pp. 173-200 ◽  
Author(s):  
ANDREA GATTINI
Keyword(s):  
Federal Republic ◽  
The State ◽  
Customary Law ◽  
Federal Republic Of Germany ◽  
Future Developments ◽  
State Practice ◽  
The Icj ◽  
The Law ◽  
The Republic ◽  
Jus Cogens

AbstractThe pending dispute at the ICJ between the Federal Republic of Germany and the Republic of Italy on jurisdictional immunities of states bears on the hotly debated question of whether a state having committed a violation of jus cogens loses its immunity from civil jurisdiction abroad, as maintained by the Italian Court of Cassation. The article aims to demonstrate the untenability of the position of the Italian Court of Cassation, not only under current international customary law, but also under a prospective de lege ferenda. Nevertheless, different options are open to the ICJ to adjudicate the case, without impinging on possible future developments of state practice. The article closes by pointing at the risks that, in a strict dualist/pluralist perspective, not even an ICJ's decision in favour of Germany would eventually ensure compliance by Italian domestic judges.

scholarly journals KEBERADAAN TUHA PEUT GAMPONG DALAM PENYELESAIANPERSELISIHAN HUKUM ADAT ACEH

2018 ◽  
Vol 2 (1) ◽  
Author(s):  
Apri Rotin Djusfi
Keyword(s):  
Local Government ◽  
Public Participation ◽  
Social Problems ◽  
The State ◽  
Customary Law ◽  
Public Order ◽  
City Governments ◽  
Traditional Institutions ◽  
The Government ◽  
Set Up

Based on Pasal 18 Paragraph (2) of 1945 Constitution states that "the government of province and district / city set up and manages their own affairs in accordance with the principle of autonomy and duty of assistance". Then it was mentioned in Article 18B Paragraph (1) and Paragraph (2) which states that the State shall recognize and respect the units of local government which is special and privileged, and respect the customary law community unit along with their traditional rights.Tuha Peut institution is one of the traditional institutions in Acehnese society which has the authority to maintain the existence of customary law for generations. Constituent on the Governing of Aceh mandates that the resolution of social problems customarily taken through traditional institutions. Whereas, traditional institutions have function and act as a vehicle for public participation in the implementation of the Aceh Government and district / city governments in the field of peacefullness, tranquility, harmony, and public order. Keywords: Tuha Peut, Traditional Institutions.

scholarly journals Cooperation and collaboration between the Polish Police and Armed Forces of the Republic of Poland in terms of ensuring security and public order

2020 ◽  
Vol 31 ◽  
pp. 200-210
Author(s):  
Dominika Rozborska ◽  
Keyword(s):  
Armed Forces ◽  
The State ◽  
Public Order ◽  
Main Task ◽  
Public Authorities ◽  
State Of Emergency ◽  
State And Society ◽  
General Obligation ◽  
The Republic ◽  
Vast Area

Ensuring security and public order is one of the most important, constitutional objectives of the State and at the same time the task of many public authorities. The Police is leading, uniformed and armed formation in a system of public safety authorities whose overriding operating objective, determined by the legislator is to serve the society by protecting people’s safety and maintaining security and public order. However, in carrying out tasks related to such vast area of activity, the Police does not have to be unassisted. Natural partner for the Police is the army, despite the fact that the main task of the Armed Forces of the Republic of Poland is to protect the State and society from external military threat. This study aims to characterize formal foundations and scope of cooperation between Polish Police and Armed Forces in terms of ensuring security and public order. For this purpose, legal basis for providing support for the Police by the Polish Armed Forces under the laws on: state of emergency, natural disaster, crisis management, the Police, counter-terrorism actions and general obligation to defend the Republic of Poland and issued regulations based on them were examined. This article also refers to the issue of cooperation of the Police with the Armed Forces of the Republic of Poland on the basis of concluded agreements.

scholarly journals Pengelolaan Persandian Dalam Menjaga Informasi Rahasia Negara Pada Pemerintah Kabupaten Bungo

2020 ◽  
Vol 4 (2) ◽  
pp. 177-212
Author(s):  
Ridwan Ridwan ◽  
Mulia Jaya ◽  
Rusdi Rusdi
Keyword(s):  
Qualitative Research ◽  
Provincial Government ◽  
Regional Government ◽  
Government Information ◽  
Regional Autonomy ◽  
Regional Authority ◽  
Unitary State ◽  
Basic Services ◽  
The Republic ◽  
The Government

Encoding is one of the mandatory matters that is not related to basic services. To elaborate regional authority related to coding matters, mapping of coding affairs is carried out in the context of structuring the Provincial / Regency / City Regional Institutional Apparatus in the Field of Encoding according to the direction of Law No. 23 of 2014 concerning Regional Government. With the enactment of Law Number 23 Year 2014 in the Jambi Provincial Government, especially in the Bungo District, realizing harmonization of policies between the center and the regions that synergize with each other and will achieve the goals of Regional Autonomy in the welfare of people's lives. In the Bungo Regency in the coding activity supported by 17 sub-districts within the Regency area, the implementation was not yet optimal. This research uses qualitative research methods, qualitative research has a flexible nature. This research found that the implementation of the duties and functions of the Bungo Regency coding team in maintaining confidential government information in the context of efforts to realize the integrity of the Unitary State of the Republic of Indonesia (NKRI) had not gone well. This is evidenced by the lack of awareness and responsibility of the coding team on the duties and functions of the coding field. Obstacles or obstacles facedby the coding team in carrying out their functions in safeguarding confidential government information in an effort to realize the integrity of the Unitary State of the Republic of Indonesia, including lack of awareness and full support from superiors or officials authorized to carry out coding functions and functions, there is no means from the government in the implementation of duties and functions in the coding field.

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