scholarly journals Pemanfaatan Sempadan Pantai Kedonganan oleh Pengusaha Cafe Berdasarkan Perda Kabupaten Badung Nomor 26 Tahun 2013

2021 ◽  
Vol 2 (3) ◽  
pp. 638-644
Author(s):  
I Gede Yogi Arya Windiarta ◽  
Anak Agung Sagung Laksmi Dewi ◽  
Luh Putu Suryani

Spatial plans that are accommodated in a legal norm both at the central, provincial and city levels are in synergy with each other. The purpose of this study is to find out the legal arrangements in the Badung RTRW Regional Regulation on the use of the Kedonganan beach border by cafe entrepreneurs and what sanctions are imposed on the cafe entrepreneurs if they violate the Badung RTRW Regional Regulation. To achieve this goal, a normative research method is used using a statutory approach and a conceptual approach. The results of the study, namely the regulation of cafe entrepreneurs who set up cafes on the Kedonganan beach border, are regulated in Article 74 paragraph (2) letter d of the Badung Regency Regulation Number 26 of 2013 that by not building permanently on the beach border. In addition, it must also pay attention to the public interest. Sanctions that can be imposed on cafe entrepreneurs who set up cafes on the Kedonganan beach border if they violate the Badung Regency Regulation Number 26 of 2013 include criminal sanctions, namely Article 115 in the form of imprisonment or fines. Administrative sanctions in the form of written warnings; temporary suspension of activities: temporary suspension of public services; business closure; license revocation; license cancellation; demolition of buildings; restoration of space functions; and/or administrative fines as regulated in Article 112 paragraph (2).

Author(s):  
Basri Mulyani

This article aims to examine the case of the distribution of clothing and food packages phase II in East Lombok Regency, or better known as Eid packages in terms of the legal considerations of the judge's decision. The point of policy confusion in state administrative law with criminal law or better known as administrative corruption. Government officials who must implement the policy, when the program is running, must deal with the criminalization of the policies that it implements. Based on these issues it is interesting to discuss related to the legal considerations of the judge's decision to release the accused and whether all government officials have the right to discretion in carrying out their positions. The research method used is a descriptive normative method, with a statutory approach, a conceptual approach and a case approach. The results of the discussion revealed that criminal law is used carefully and operationalized truly as the last drug (ultimum remedium) and not necessarily used as the main drug (primum remedium) so that government officials are no longer afraid to carry out work in the public interest and community welfare.


2015 ◽  
Vol 44 (2) ◽  
pp. 224
Author(s):  
Sri Nur Hari Susanto

This research aims to reconstruct the legal system, especially state administrative law so that it can function as a law that can serve the public interest. Other objectives is to study conceptually harmonize laws and regulations relating to public service. The method used is a normative legal research, which explores the use of a conceptual approach. The results showed that the reconstruction of the administrative law which is oriented toward public service, it must first pay attention to the paradigm shift of the administration of the state itself. It is thus necessary to take measures to harmonize the legislation of sectoral public services based on the principles / legal principles that are generally acceptedPenelitian ini bertujuan untuk merekonstruksi sistem hukum khususnya hokum administrasi negara sehingga dapat difungsikan sebagai hukum yang dapat melayani kepentingan publik. tujuan lainnya adalah melakukan kajian konsepsional mengharmonisasikan peraturan perundang-undangan yang berkaitan dengan pelayanan publik. Metode penelitian yang digunakan adalah penelitian hukum normative, yang membahas menggunakan pendekatan konseptual. (conceptual Approach). Hasil penelitian menunjukan bahwa rekonstruksi hukum administrasi negara yang memiliki orientasi terhadap pelayanan publik, maka harus terlebih dahulu memperhatikan perubahan paradigma terhadap administrasi negara itu sendiri. Dengan demikian perlu dilakukan langkah-langkah untuk  mengharmonisasikan peraturan perundang-undangan sektoral bidang pelayanan publik dengan berpedoman pada prinsip-prinsip/asas-asas hukum yang berlaku umum


2020 ◽  
Vol 1 (2) ◽  
pp. 409-415
Author(s):  
I Made Agus Mertajaya ◽  
I Made Suwitra ◽  
I Ketut Sukadana

This study aims to determine the application of sanctions to the perpetrators of the crime of destroying money in the pitra yadnya ceremony. The phenomenon that is happening now is that many Hindu people in Bali burn rupiah currency in the pitra yadnya ceremony on the grounds that it is a provision for the person being ceremonied. Grounded by the phenomenon the stuy examines two issues: a) how is regulate the destruction of money regulating in the to law Law Number 7 of 2011 concerning Currency, b) whether or not the burning of money as a fundametal provision in the pitra yadnya ceremony is classified as a criminal act. In conducting this research, the authors use normative the research method and statutory approachs and conceptual approach. Furthermore, the legal materials that have been collected are processed using the descriptive analysis method. The results showed that the regulation on the destruction of rupiah currency contained in Article 1 paragraph (10) of Law Number 7 of 2011 and Article 11 paragraph (1) to Article 11 paragraph (4) also regulates the destruction of rupiah. Burning money as a provision in the pitra yadnya ceremony cannot be classified as a criminal act because it does not fulfill the criminal element, namely the element of the intent of the act being committed and the inner will of the person burning the money in question. Apart from that, this also gets the penalties written off because they are considered connected to the public interest.


2021 ◽  
Vol 2 (1) ◽  
pp. 23-29
Author(s):  
Sitti Mutmainnah Syam ◽  
Syamsul Bachri ◽  
Andi Pangerang Moenta

This research aims to know and explain the application of the principles of good governance, namely the principles of transparency and participation and the constraints of applying the principles of transparency and participation in public services. The research method used is empirical research method, to achieve this goal, so this research uses data collection techniques through interviews, observations, document studies, and documentation. While the data sources used are primary and secondary data sources. The approach of this research is conceptual approach that is moving from the views or doctrines that develop in the science of law and the approach of the Law, namely the approach carried out by edilah regulation related to legal issues that are being studied. The results revealed that the principle of transparency has not run optimally because the SOP has not been informed to the public, the principle of participation has not run optimally because the management of complaints has not been good. Therefore, in the context of public services that are a very strategic part in measuring good governance needs to be optimized by providing SOP information on information boards, websites, brochures, opening complaints through social media or working with village officials, head of Cluster Area to directly socialize public service procedures and policies to the community.


2021 ◽  
Vol 2 (2) ◽  
pp. 384-390
Author(s):  
I Komang Arya Sentana Mahendra ◽  
Anak Agung Sagung Laksmi Dewi ◽  
Luh Putu Suryani

Prohibition of all exploitation of protected animals. Even in the territory of Indonesia, turtle smuggling still occurs, especially in Bali Province where turtle smuggling often occurs. The purpouses of this research are to analyze the legal protection of turtles as protected animals and the criminal sanctions against the perpetrators of turtle smuggling as protected animals? The research method used is normative law, with statutory apporoach and conceptual approach. The results of the research show that forms of legal protection against turtles, if from the international agreement with the CITES agreement (Convention on International Trade in Endangered Species), in Indonesia there are 6 out of 7 types of turtles in the world that are protected under the turtle species law. existing in the protected world based on the law on the determination of wild protected animals, and the forms of sanctions against people who smuggle turtles as protected animals are in the form of administrative sanctions, civil sanctions and criminal sanctions. There are no specific criminal sanctions against turtle smugglers, these sanctions are still incorporated in Law No. 5 of 1990, concluded that legal protection and sanctions against turtles as protected animals in the form of administrative, civil and criminal sanctions, specifically in Bali there are no criminal sanctions against turtle smugglers.


2020 ◽  
pp. 113-138
Author(s):  
Qonitah Annur Aziza ◽  
Aprilia Trisanti ◽  
Kiki Aristyanti

The notary is obliged to keep all legal deeds outlined in the contents of the deed and all information given to the notary in making the deed. the appointment of a notary as a witness in a case causes the violation of this obligation to be violated a lot. Strong legal protection is needed from the Honorary Board of Notaries (MKN) so that investigators and prosecutors are not arbitrary. The formulation of the problem taken by the author is the normalization of notary liability based on UUJN. And the application of sanctions from the notary obligation in the community.The writing of this thesis uses a normative juridical research method, namely by reviewing the legal norms contained in legislation, legal theories and jurisprudence related to the issues discussed. This research approach uses a statute approach and a conceptual approach. The purpose of this study is to explain more deeply about the norms of denial obligations in the UUJN and their application in the community with the existence of permission from MKN. Based on the results of the study, the author obtained answers to existing problems, namely the notary has a broken obligation that must be obeyed and regulated in Article 4 paragraph (2) and Article 16 paragraph (1) letter f UUJN-P. This breach obligation has a limit set out in UUJN in Article 66 paragraph (1) concerning a notary appointed as a witness can talk about the deed with the approval of the permit from MKN. But it also needs to be known if the broken obligation is violated without permission, the notary may be subject to administrative sanctions in the form of termination of employment, civil sanctions in the form of compensation and criminal sanctions in the form of prison sentences.


2019 ◽  
Vol 1 (2) ◽  
pp. 121
Author(s):  
Dody Nur Andriyan

Regional Regulation (Perda) which regulates public issues such as prostitution, alcoholic beverages, gambling, and the relationship between men and women turns out to be identified as a Regional Regulation with nuances of Islamic law. in Banyumas Regency there is a Regional Regulation which if used by the identification of Arfiansyah above, it can be referred to as a Regional Regulation with nuances of Islamic law. The regulation is: Banyumas District Regulation Number 15 of 2014 concerning Control, Supervision and Control of Circulation of Alcoholic Beverages and Regional Regulations of Banyumas Regency Number 16 of 2015 concerning Community Disease Management. This research has two formulations of the first problem related to the results of the content of the analysis on the Perda that are nuanced by Islamic law in Banyumas Regency. Both of the results of the analysis content on the Regional Regulations that are nuanced by Islamic law in Banyumas Regency are not contrary to Law-Invitation Number 12 of 2011? This research is a qualitative-descriptive study. The research method used is normative juridical. The main source of data is the Banyumas District Regulation Number 15 of 2014 concerning Control, Supervision and Control of Circulation of Alcoholic Beverages and Regional Regulations of Banyumas Regency Number 16 of 2015 concerning Community Disease Management. Interviews were also conducted with resource persons. Furthermore, the results of the analysis were carried out. Regional Regulation No. 15 of 2014 is actually a Regional Regulation that has a broad purpose of public interest, for the nation and state. So that the claim that Perda No 15 of 2014 as a Regional Regulation with nuances of Islamic law is not true. Regional Regulation No. 16 of 2015 is actually a Regional Regulation that has a broad purpose of public interest, for the nation and state. So that the claim that Perda No 16 of 2015 as a Regional Regulation with nuances of Islamic law is not true. Both of these Perda (Perda No 15 of 2014 and Perda No. 16 of 2015) are not in conflict with Law No. 12 of 2011 concerning the Establishment of Legislation. Both in terms of content, principles, goals, arrangements, administrative sanctions and criminal sanctions. Formally and procedurally the two Perda are in accordance with Law Number 12 of 2011


2016 ◽  
Vol 12 (2) ◽  
pp. 284
Author(s):  
Nuriyanto Nuriyanto

Dynamic development of society, they want the public bureaucracy to be able  to provide the public services more professional, effective, simple, transparent, open, timely, responsive and adaptive. With excellent public service, to build a human quality in the sense  of  increasing  the  capacity  of  individuals  and  communities  to determine actively its own future. Actualization of democratic precepts in the public services delivery in Indonesia starting point on the importance of community participation ranging from formulating criteria for the services, how the delivery   of the services, arranging each engagement, public complaints mechanism set up   by the monitoring and evaluation of the implementation of the public services in order to co-together build a commitment to create quality of the public services. It’s all been contained in the Law 25 of 2009 on Public Services, certainly it has been based on the precepts of the democracy of Pancasila. Rembug of the public services as an actualization of the public services based on the democracy of Pancasila.


2020 ◽  
Vol 14 (1) ◽  
pp. 27-36
Author(s):  
Apandi Apandi

E-literacy and education are important components in improving the quality of human resources needed in an organization. The purpose of this study is to reveal the importance of e-literacy and public policy education. The State Civil Apparatus (ASN) requires e-literacy and education to improve performance results so that public services can be maximized. This becomes interesting research in the development of science-based on the real events that occur in Indonesia. Where so far, e-literacy and education is only intended for the public, especially millennial generation. The research method used is the study of literature where data is obtained through various secondary sources that are relevant to theoretically strengthen research results. The findings explain that e-literacy and education are effective and efficient strategies in overcoming budget constraints and low levels of ASN competence. With e-literacy and public policy education, it is hoped that the professionalism of the ASN bureaucracy will increase and the quality of public services will be better.


2018 ◽  
Vol 1 (1) ◽  
pp. 1859
Author(s):  
Yoki Kurniawan ◽  
Hanafi Tanawijaya

Notary is a position or ordinary we call as general officials appointed by the State and work to serve the public interest. Not only that, a notary also in carrying out its duties and authority must comply fully with the prevailing laws and regulations in Indonesia. Each position certainly has an ethics in the profession which is called a code of ethics, as well as a notary who has a code of ethics in his profession. But out there masi no notaries who violate the code of ethics as mentioned in the law, In accordance with the title of the author of the adopted method of research used is the normative research method supported by interviews that are expected to help answer the problems of this study. The authors conducted interviews with the supervisory board, notaries, and legal experts. In this case the notary has been declared guilty by the Regional Supervisory Board (MPD) and will proceed the case to the level of sanction by the Regional Supervisory Board (MPW) and after receiving the sanction it will proceed to the next level of Central Assembly (MPP) to be sanctioned which has been granted by the level of the Regional Supervisory Board (MPW).


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