scholarly journals ANALISIS PELAKSANAAN PUTUSAN PERADILAN AGAMA TERHADAP NAFKAH PERCERAIAN DALAM PRESPEKTIF HUKUM NASIONAL DAN HUKUM ISLAM BAGI PNS

2021 ◽  
Vol 2 (2) ◽  
pp. 86-109
Author(s):  
Rendra Widyakso ◽  
Fifik Wiryani
Keyword(s):  
Government Regulation ◽  
Government Agency ◽  
Civil Servants ◽  
Court Decision ◽  
Court Judge ◽  
Permanent Object

Decisions can be executed if, a court decision contains an order for one of the parties to pay a sum of money or vacate a permanent object. Usually, divorce cases that occur will punish the husband to make a payment of some money as a living for the divorced wife after the Religious Court Judge decides. The penalty is in the form of giving 1/3 (one third) of the salary given to the ex-wife and 1/3 (one third) of the others assigned to his child. Based on Government Regulation No. 10 of 1983 jo Government Regulation No. 45 of 1990, the penalty applies to husbands who work as Civil Servants (PNS). In some case adoption of decisions, often not going well even not implemented. Therefore, many respondents demanded the Petitioner to provide several divorce wages, such as mut' ah payments for livelihoods, iddah income, and Ahmadiyah livelihoods, which were carried out before the promise of divorce was pronounced and had to make a living. For sacrifice after the execution of the divorce agreement is canceled. The Panel of Judges will grant such a request, but this request is not for civil servants. So, the authors conducted research using the juridical-normative method to examine the source of law in the Regulations stated in the Religious Court decision. The results obtained that the panel of judges in their decision view that the regulation is only an administrative requirement in each government agency.

scholarly journals PERAN DAN FUNGSI MAHKAMAH SYAR’IYAH TERHADAP PERLINDUNGAN HAK PEREMPUAN DALAM PERCERAIAN

2021 ◽  
Vol 9 (1) ◽  
pp. 1
Author(s):  
Dian Eriani ◽  
Teuku Nazaruddin ◽  
Yusrizal Yusrizal
Keyword(s):  
Women's Rights ◽  
Government Regulation ◽  
Civil Servants ◽  
Structural Relationship ◽  
Women’S Rights ◽  
Conceptual Approach ◽  
Court Judge ◽  
Conducting Research ◽  
And Function ◽  
Role And Function

The authority of the Syar'iyah Court in the field of marriage has a lot of contact with the interests of women. The decisions made from these cases are expected to be able to fulfill women's rights in return for the perceived suffering. Has the Syar'iyah Court already played a role and function in its decisions and consideration has been gender responsiveness to protect women's rights. Specifically the rights of women arising from divorce, in the verdict and the rights of civil servants' wives due to divorce divorce. This study aims to determine the role of the Syar'iyah Court in protecting the rights of women in divorce through its decision. The method used is juridical normative with the conceptual approach and the statute approach. Data analysis uses a qualitative approach. After conducting research, the existence of legal innovations in the Syar'iyah Court and guided by Perma Number 3 of 2017 in protecting women's rights can be protected. The Syar'iyah Court has not yet fully given a concrete decision regarding women's rights as a result of divorced divorce by male civil servants. Judges' considerations are gender biased and have a patriarchal mindset, difficulty of execution due to the absence of structural relationship between the court and related institutions to be the reason for the judges to ignore Government Regulation Number 10 of 1983 as amended by Government Regulation Number 45 of 1990 concerning marriage licenses and divorce of civil servants civil. If the regulation has been ratified even though there is no structural relationship and order, the Judge is obliged to carry it out and that the Syar'iyah Court Judge in giving consideration must synergize between the divorce permit in filing the divorce request to court with the decision for civil servants

scholarly journals The Giving Of Disciplinary Penalty of Civil Servants Based On Government Regulation Number 53 of 2010 in Governments of Demak Regency

2020 ◽  
Vol 2 (4) ◽  
pp. 443
Author(s):  
Muhammad Adib ◽  
Sri Kusriyah Kusriyah ◽  
Siti Rodhiyah Dwi Istinah
Keyword(s):  
Government Regulation ◽  
Positive Impact ◽  
Secondary Data ◽  
Civil Servant ◽  
Civil Servants ◽  
Disciplinary Action ◽  
Primary Data ◽  
Immediate Supervisor ◽  
The Government ◽  
The Impact

Government Regulation No. 53 of 2010 regarding the discipline of the Civil Servant loading obligations, prohibitions, and disciplinary action which could be taken to the Civil Servant who has been convicted of the offense, is intended to foster a Civil Servant who has committed an offense, the form of disciplinary punishment is mild, moderate, and weight. Disciplinary punishment for the Civil Servant under Government Regulation No. 53 of 2010 Concerning the Discipline of Civil Servants. The formulation of this journal issue contains about how the process of disciplinary punishment, and constraints and efforts to overcome the impact of the Civil Servant disciplinary punishment in Government of Demak regency. The approach used in this study is a sociological juridical approach or juridical empirical, that is an approach that examines secondary data first and then proceed to conduct research in the field of primary data normative. The process of giving disciplinary sanctions for State Civil Apparatus in Government of Demak regency begins with the examination conducted by the immediate supervisor referred to in the legislation governing the authority of appointment, transfer and dismissal of civil servants. The results showed that in general the process of sanctioning / disciplinary punishment of civil servants in the Government of Demak be said to be good and there have been compliance with the existing regulations / applied in Government Regulation No. 53 of 2010, although it encountered the competent authorities judge still apply tolerance against the employee, but also a positive impact among their deterrent good not to repeat the same offense or one level higher than before either the Civil Servant concerned or the other. Obstacles in carrying out disciplinary punishment in Government of Demak regency environment is still low awareness of employees to do and be disciplined in performing the tasks for instance delays incoming work, lack of regulatory discipline, lack of supervision system and any violations of employee discipline. There must be constraints to overcome need for cooperation with other stakeholders comprising Inspectorate, BKPP, and the immediate superior civil servants in this way can be mutually reinforcing mutual communication, consultation, coordination so that if later there is a problem in the future could be accounted for.Keywords: Delivery of Disciplinary Sanctions; Civil Servant; Government Regulation No. 53 of 2010.

scholarly journals ANALISIS PENERAPAN SISTEM PENGENDALIAN INTERN TERHADAP KINERJA DAN PENERIMAAN RETRIBUSI PARKIR DI DINAS PERHUBUNGAN KOTA MANADO

2018 ◽  
Vol 14 (1) ◽  
Author(s):  
Claudio V. Munaiseche ◽  
Ventje Ilat ◽  
Robert Lambey
Keyword(s):  
Control System ◽  
Control Systems ◽  
Internal Control ◽  
Government Regulation ◽  
Descriptive Study ◽  
Government Agency ◽  
Government Agencies ◽  
Delegation Of Authority ◽  
Internal Control System ◽  
Qualitative Descriptive

Internal control systems are needed for every government agency from planning, supervision, to accountability, must be carried out in an orderly, controlled, efficient and effective. So that the performance of government agencies is directed and reaches the goal. This study aims to determine whether the implementation of the internal control system on the performance and retribution parking income at the Manado city transportation office is adequate or inadequate. This research method is a qualitative descriptive study. Based on the results of the research and discussion, it can be seen that the internal control system on the performance and retribution  parking income at Transportation department of at Manado city has been "adequate and effective" because the procedure for retribution parking income have elements of internal control, namely the proper delegation of authority and responsibility. the separation of functions, recording carried out accurately and on time, the documents used contain clear and reliable information and are carried out continuously. The target achievement of the 2016-2017  is effective and the performance had been in accordance with government regulation number 60 of 2008 concerning the government's internal control system.Keywords: Government Internal Control System, Performance, Income Parking Retribution

PENGATURAN KENAIKAN PANGKAT PEGAWAI NEGERI SIPIL PENYESUAIAN IJAZAH (Sesuai Dengan Peraturan Pemerintah Nomor 12 Tahun 2002 Tentang Kenaikan Pangkat Pegawai Negeri Sipil)

2020 ◽  
Vol 17 (1) ◽  
pp. 71-86
Author(s):  
I Dewa Ketut Widana
Keyword(s):  
High School ◽  
Work Performance ◽  
Government Regulation ◽  
Higher Learning ◽  
Civil Servants ◽  
Class Iii ◽  
Conceptual Approach ◽  
Legal Norms ◽  
Legal Principles ◽  
School Senior

Abstract The ability of the Civil Servants can be improved, one of which is through promotion according to the level of service and adjustment of the diploma obtained. In the general explanation of Government Regulation Number 12 of 2002 concerning Amendments to Government Regulation Number 99 of 2000 concerning Promotion of Civil Servants explained the promotion is an award given for the work performance and dedication of the concerned Civil Servants to the State. in addition, promotion is also intended as an encouragement to Civil Servants to further improve their work performance and service. Based on the background of the problem, the formulation of the problem in this study is as follows: how to regulate the promotion of Civil Servants based on diploma adjustments in accordance with Government Regulation Number 12 of 2002 concerning Promotion of Civil Servants and whether constraints in promotion through diploma adjustment are appropriate with Government Regulation Number 12 of 2002 concerning Promotion of Civil Servants. The type of research used in this study is normative legal research, meaning that the study in this study is based on legal philosophy, legal principles, and applicable legal norms relating to the regulation of promotion of civil servants based on diploma adjustments. This research used a statute approach, a historical approach and a conceptual approach. The conclusion of this study is the regulation of the promotion of Civil Servants based on diploma adjustments, given to Civil Servants who obtain Higher Learning Certificates / Diplomas that are higher than the diplomas used when applying to become Civil Servants. For example, candidates for Civil Servants when appointed as high school / senior high school civil servants, with rank / class II / a, after + 5 years of work obtain a S1 diploma, if adjusted for the diploma be the rank / class III / a Civil Servants. To obtain a higher rank / class of civil servants / or a level higher than the previous rank / class can be carried out if the diploma obtained is in accordance with the Job Job occupied by the civil servant, there is a formation in that place, has permission to study for those who continuing education and having fulfilled a minimum of 3 (three) years in service. Keywords: Promotion, Civil Servants and Diplomas

scholarly journals HARMONISASI REGULASI KEPEMILIKAN TANAH PERTANIAN SECARA ABSENTEE BAGI PEGAWAI NEGERI DALAM PROGRAM LANDREFORM

2019 ◽  
Vol 26 (2) ◽  
pp. 281
Author(s):  
Yunizar Wahyu Tristanto
Keyword(s):  
Land Reform ◽  
Government Regulation ◽  
Agricultural Land ◽  
Agricultural Soils ◽  
Land Ownership ◽  
Civil Servants ◽  
Start Time ◽  
The Government ◽  
Legal Subjects ◽  
And Control

Peoples needs can not be separated from the need of land . Once the importance of soil functions for society , need to be regulated in order to ensure the mastery and utilization at the same time in order to create legal certainty for the public . The problem that then arises since the start time of independence is disproportionate land ownership . In order to overcome these problems , the government has enacted Law No. 5 of 1960 About the Agrarian and the Reformation has been set TAP MPR No. IX / MPR / 2001 on Agrarian Reform and Natural Resources Management . One important aspect of the law with the enactment of the UUPA is a program of Landreform in Indonesia . Landreform became one of the alternatives for agrarian justice to resolve agrarian disputes and conflicts . one of the land reform program is the prohibition of absentee ownership of agricultural land. The problem that then occurs is the existence of exceptions in absentee land ownership . The problems regarding the permissibility of absentee ownership of agricultural land by the Servants . The exception contained in Article 3 Paragraph (4) of Government Regulation No. 224 of 1961 on the implementation of Land Distribution and Provision of Compensation. Ownership and control of agricultural soils in absentee in Article 10 Paragraph (1) UUPA is basically prohibited, but in Article 3 Paragraph (4) PP No. 224 years 1961, the government granted an exemption absentee ownership of agricultural land to some legal subjects of the Servant , retired civil servants , widows and widows of civil servants retired civil servants.

scholarly journals WEAKNESSES OF THE NEGATIVE PUBLICATION SYSTEM WITH POSITIVE ELEMENTS IN AGRARIAN LAW IN INDONESIA

1970 ◽  
Vol 21 (2) ◽  
pp. 231-248
Author(s):  
Suharyono Suharyono
Keyword(s):  
Government Regulation ◽  
Land Rights ◽  
Court Decision ◽  
Legal Responsibility ◽  
Land Registration ◽  
The Real ◽  
Positive Elements ◽  
Agrarian Law ◽  
Implementation Level

In the negative publication system with positive elements in agrarian law in Indonesia at the implementation level, there are still a number of weaknesses, both weaknesses from the aspect of the norms for the purpose of land registration, aspects of legal responsibility and the system of imposing sanctions. There will be 3 (three) weaknesses in the Negative Publication System (positive elements) which are used as the basis for Land Registration by Government Regulation/PP Number 24 of 1997, namely: first; the norming system because it is imperative (norm imperative) and open (openbaar norm) which provides an opportunity for other parties to prove that they are the real owners of the land, thus resulting in legal disputes that must be resolved through the courts; second; the norm of legal responsibility for BPN/Kakan Land Officials who make mistakes in the implementation of land registration is not regulated in a negative publication system with positive elements, so that BPN/Land Office officials are not legally responsible when a certificate of land rights is canceled or declared invalid by a court decision; and third; norms and system for imposing sanctions for Land Registration Officers (BPN officials) who make mistakes in the implementation of land registration in Government Regulation/PP Number 24 of 1997 is not regulated. Keywords: Negative Publications, Positive Elements, and Agrarian Law.

scholarly journals Kepastian Hukum Kedudukan Camat sebagai PPAT Sementara (Legal Certainty of The Position Sub-district Head as Temporaly Land Deed Officer)

2020 ◽  
Vol 11 (1) ◽  
Author(s):  
Irfan Iryadi
Keyword(s):  
Government Regulation ◽  
Civil Servants ◽  
Legal Issue ◽  
Ideal Solution ◽  
Legal Certainty ◽  
Legal Norms ◽  
State Administration ◽  
The Status

After the enactment of Government Regulation Number 24 of 2016, the provisions regarding dual positions as civil servants become one of the substances regulated by this Government Regulation. The existence of these provisions has led to the blurring of norms over the head of sub-district’s position as temporary land deed officers in creating an authentic deed in the land sector. Based on this legal issue, this article was written with the aim of finding out the status of the head of sub-district’s position as temporary land deed officer and offering a concept that should be implemented when temporary land deed officer’s position is needed. The results showed that in Government Regulation Number 24 of 2016, there was no legal certainty in the formulation of the article as a result of the blurring of legal norms over officer assigned to the temporary land deed position. This obscurity can be seen from designation of the temporary land deed officer to the head of sub-district, where the head of sub-district is a State Administration Officer that is contrary to the land deed officer’s rules that prohibit land deed officer from being held by Civil Servants. The task of temporary land deed officer should be transferred to the head of village, since the head of village’s position has already been acknowledged and accommodated in the land deed officer’s rules as temporary land deed officer. This alternative is considered to provide more legal certainty and an ideal solution to the status of temporary land deed officer. Therefore, it is recommended to stakeholders in the land sector, on matters regarding the land deed officer, to conduct further assessment on this idea in order to be implemented in the assignment of temporary land deed officer in Indonesia. AbstrakPasca berlakunya Peraturan Pemerintah Nomor 24 Tahun 2016, aturan mengenai rangkap jabatan sebagai pegawai negeri menjadi salah satu substansi yang diatur Peraturan Pemerintah itu. Adanya ketentuan itu telah menimbulkan kekaburan norma atas kedudukan Camat sebagai PPAT Sementara dalam membuat akta otentik dibidang pertanahan. Bertolak dari isu hukum itu, artikel ini ditulis dengan tujuan untuk mengetahui status kekuatan kepastian hukum Camat sebagai PPAT Sementara dan menawarkan konsep yang seharusnya dilaksanakan dalam pemangkuan jabatan PPAT Sementara. Hasil penelitian menunjukkan bahwa dalam Peraturan Pemerintah Nomor 24 Tahun 2016 terdapat ketidakpastian hukum dalam rumusan pasalnya sebagai akibat adanya kekaburan norma hukum atas penyelenggaraan jabatan PPAT Sementara. Kekaburan itu terlihat dari penunjukan PPAT Sementara kepada Camat, dimana Camat merupakan Pejabat Tata Usaha Negara yang bertentangan dengan aturan Jabatan PPAT yang melarang PPAT diselenggarakan oleh Pegawai Negeri Sipil. Seharusnya pengembanan PPAT Sementara itu dialihkan kepada kepala desa, dimana keberadaan kepala desa itu juga diakomodasi dalam ketentuan jabatan PPAT sebagai PPAT Sementara. Hal itu dianggap lebih memberikan kepastian hukum dan merupakan solusi ideal dalam pemangkuan PPAT Sementara. Oleh sebab itu, disarankan kepada pemangku kepentingan dibidang pertanahan, khususnya di bidang PPAT agar dapat melakukan pengkajian atas gagasan ini untuk diimplementasikan terhadap pemangkuan jabatan PPAT Sementara di Indonesia.

scholarly journals KONSEP CULPA DALAM PERKARA PIDANA SUATU ANALISIS PERBANDINGAN PUTUSAN NOMOR 18/Pid.B/2017/PN.TOBELO

2019 ◽  
Vol 17 (2) ◽  
Author(s):  
Ernest Sengi
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Legal Aspect ◽  
Court Decision ◽  
District Court ◽  
Legal Analysis ◽  
Court Judge

The concept of omission or culpa from the legal aspect is very different from the concept of omission or culpa that is understood everyday. Many events include omission or culpa but the incident may not be a criminal act. Thus, law enforcement must be careful in giving meaning to a legal act related to omission. Court Decision Number 18 / Pid.B / 2017 / PN.TOb. is a decision which is the object of research in this paper, in which the author disagrees about the concept of omission or culpa which is considered by the Tobelo District Court judge in that decision, although I agrees that the defendant's actions were omission. The analysis used is legal analysis using a statute approach and case approach so that it can find out the basis of the court's consideration of choosing Pasal 359 KUHP dropped against the defendant Imsal Ilahi Baksi. In its consideration, it was found that Tobelo District Court judges interpreted omission as " not careful " or " lack of attention" so that the defendant was proven legally and convincingly committed a crime of omission. Meanwhile, in the criminal law doctrine, many concepts of omission or culpa are not always interpreted as "not careful" or "lack of attention" such as omission in the sense of onbewuste schuld. Because of the fact, in this case the defendant was careful and gave attention by notifying his actions (installing electricity), but only did not imagine the possibility of consequences

scholarly journals Pengujian Peraturan Pemerintah Pengganti Undang-Undang

2018 ◽  
Author(s):  
Ali Marwan Hsb
Keyword(s):  
Supreme Court ◽  
Government Regulation ◽  
Court Decision ◽  
Constitutional Court ◽  
The Supreme Court ◽  
Form Of Government ◽  
The Law ◽  
The Republic

Article 24C Section (1) of the 1945 Constitution of the Republic of Indonesia authorizes the Constitutional Court to reviewthe law against the constitution. However, when referring to the hierarchy of legislation, the law has the equal hierarchy with government regulation in lieu of law. It makes a question whether the Constitutional Court truly has the authority to review government regulation in lieu of law against the constitution? Based on the research in this paper, it was found that by the Constitutional Court Decision Number 138/PUU-VII/2009, the Constitutional Court stated that the authority to review government regulation in lieu of law under the authority of the Constitutional Court because the substance of government regulation in lieu of law is similar with the substance of law. So, the Constitutional Court has the authority to review a government regulation in lieu of law materially. Such decision is correct; the Constitutional Court has the authority to review a government regulation in lieu of law in material because the substance is similar with the law. While formally reviewing should be the authority of the Supreme Court due to government regulation in lieu of law formally is in the form of government regulation

scholarly journals Unregistered Polygamous Marriage of Civil Servants and its Implication for Wives’ Financial Problem, Social Fate and Loss of Children’s Welfare

2021 ◽  
Vol 13 (2) ◽  
pp. 312-318
Author(s):  
Novita Dewi Masyithoh ◽  
Sut eki ◽  
Yuna nto ◽  
Briliyan Ernawati ◽  
Nur Hidayati
Keyword(s):  
Government Regulation ◽  
Participant Observation ◽  
Civil Servant ◽  
Civil Servants ◽  
Financial Problem ◽  
Economic Problems ◽  
Main Requirement ◽  
Polygamous Marriage ◽  
The Government ◽  
Depth Interviews

Unregistered polygamous marriage carried out by civil servants has serious implication for wives’ financial problem, social fate and loss of children’s welfare. The Marriage Law allows polygamy with very strict requirements. In the Government Regulation governing civil servant polygamy, justice is the main requirement in polygamy, because it really determines welfare in polygamy families. Based on the results of in-depth interviews and participant observation by using the constructivism paradigm and socio-legal approaches, it was found that unregistered polygamous marriages carried out by civil servants have implication for the disciplinary punishment of employees, so the polygamists got the sack. This implies their family economic problems, because there is not enough income to meet the needs of family life. Finally, neglect and divorce occur. Wives and children will be victims. Hence, it is necessary for the government to regulate particular policies for the polygamists of civil servants, to save their wives and children’s life. Firing the polygamists is not such a solution, but will instead create more complicated problems for their families.

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