scholarly journals Analisis Yuridis Money Politic oleh Calon Anggota Dewan Perwakilan Daerah dalam Pemilihan Umum

2021 ◽  
Vol 2 (3) ◽  
pp. 599-602
Author(s):  
Ade Marcelian Pande ◽  
Ida Ayu Putu Widiati ◽  
I Wayan Arthanaya

Money politics is a crime against democracy as aspired by the Indonesian state, especially against money politics crimes committed by Regional Representative Council Candidates. This study aimed to examine the forms of money politics in general elections and to reveal sanctions against candidates for Regional Representative Council Candidates who committed money politics. This study is normative research with a statutory approach. The sources of data used were primary and secondary data. Data were collected through reading activities, which were carried out by collecting existing legal materials or studying documents from existing laws and regulations and other supporting instruments. The results of the study indicated that the regulation of money politics is regulated in the constitution and some special legal regulations. The form of money politics is in the form of money, public facilities, basic needs, and projects. The sanctions applied are imprisonment and fines or imprisonment instead of fines. Criminal sanctions are applied to perpetrators who gave or received all forms of money politics, which is used as a strategy to win political contestations

Author(s):  
Prima Sophia Gusman ◽  
Oce Madril

This research aims to analyze the criteria of political parties’ criminal liability on corruption criminal offense and the obstacles of law enforcement. It also aims to analyze the regulations and its application in the future. This is normative research that uses literature review. It analyzes secondary data in the form of primary, secondary, and tertiary legal materials. The research results show: (1) criminal liability of political parties in corruption cases may only be demanded if the crime is carried out in the name of the political parties or if it is based on a mandate of that party; (2) the juridical factors which inhibits criminalization of political parties include the corruption regulations’ incapability to penalize them, there are contradictive legal norms between that of corporations and political parties, and that not all corporate criminal sanctions may be imposed to political parties; and (3) it is hoped that the legal regulations on corruption may categorize political parties as corporations, to give a deterrent effect to political parties involved in corruption.


2021 ◽  
Vol 12 (1) ◽  
pp. 51-66
Author(s):  
Nugraha Pranadita ◽  
Ratih Hurriyati ◽  
Puspo Dewi Dirgantari

There are five competitive forces that influence the Industry. Industry competition affects business performance, so companies must adapt to changing environments to maintain a competitive position. One of the ways to win the competition is to use a strategy. Strategy allows organizations to gain a competitive advantage from three different foundations namely: cost leadership, differentiation and focus. Strategic planning can help to develop an early warning system to avoid threats or develop strategies that can turn threats into profits for the company. Thus the strategy can maximize competitive advantage on the one hand, and can minimize the limitations of competing. The question is; How do laws and regulations affect Porter's five competitive forces and the three generic strategies? This research is a qualitative analytical descriptive study using secondary data, and the unit of analysis is the prevailing laws and regulations in Indonesia. The results of this study; consistently statutory regulations (laws) influence the five competitive forces and three generic strategies put forward by Porter.


2020 ◽  
Vol 2 (1) ◽  
Author(s):  
Ardrian Yolanda ◽  
Ali Hanafiyah

The thesis aims to determine the application of advances in the provisions of the prevailing laws and regulations. And how the legal consequences for violations of the provisions stipulated by regulation of the Minister of Finance No. 43/PMK. 010/2012 concerning advances in consumer financing for motor vehicles in financing companies, and regulation of the Financial Services Authority No. 35/POJK. 05/2018 on the implementation of business financing company. The type of research used in this study is normative juridical law research conducted by examining the library material or secondary data as the basic material to be examined by conducting a search of the rules and literature relating to the investigated issues. The result of this thesis study shows that regulation of the Minister of Finance No. 43/PMK. 010/2012 concerning advances in consumer financing for motor vehicles in financing companies and regulations of the Financial Services Authority No. 35/POJK. 05/2018 concerning the implementation of the financing company is not contrary to the prevailing laws and regulations. However, the regulations have not been implemented optimally in the field, because there are still many violations regarding the promotion of low DP in dealers who have been in cooperation with leasing. In regulation of the Minister of Finance shall apply a 20% advance payment and in regulation of the Financial Services Authority at least 10%. But there are still some leasing that violates the provisions far from the prevailing provisions. The consequences of applicable law in the form of warnings, suspension of business activities, and revocation of business licenses. But because there is no firm supervision in the field make dealers/leasing often commit violations, causing uncertainty in law enforcement.


2019 ◽  
Vol 3 (1) ◽  
pp. 1
Author(s):  
Andina Elok Puri Maharani ◽  
Rizma Dwi Nidia

<p>This research examines problems that arise and become obstacles in the process of organizing general elections and the challenges of the General Election Commission (KPU) in increasing voter participation in general elections.</p><p>The purpose of this study is to find out what obstacles arise in the implementation of the General Election related to the role of the KPU to increase public participation in general elections. This type of research is empirical research and the data used are primary data by conducting interviews with KPU commissioners accompanied by an analysis of secondary data in the form of legislation. The results of this study indicate that barriers that can interfere with the process of holding elections, arise from news hoaxes and some obstacles that are classified based on the group of voters. Every segment of society has different needs, so the method used to increase community participation is tailored to the needs of the community in each segment.</p>


2020 ◽  
Vol 1 (1) ◽  
pp. 44-50
Author(s):  
Anak Agung Ngurah Adhi Wibisana ◽  
I Made Sepud ◽  
I Made Minggu Widyantara

Indonesia has a law on education, namely Law No. 14 of 2005 on Teachers and Lecturers. In its implementation, there is a case that causes pros and cons to the statement of every article of the Teacher and Lecturer Law, especially in relation to the right to defend oneself in criminal acts of persecution. The purpose of this research is to know the arrangement of teaching methods for students during the learning process and to know the criminal sanctions against teachers who abuse students during the learning process. This study uses a normative method with the main data sources namely laws and regulations. The results showed that the element of an act, and / or the result of an act, pain in the body, and injuries to the body contained in Article 351 paragraph (1) of the Criminal Code refers to the Teacher and Lecturer Law, namely in Article 77 paragraph (6). This article defines the basis of persecution, namely actions that cause pain to a person. The criminal act of persecution in the world of education, at least, must be considered with the intention of disciplining and educating the nation's life.


Kosmik Hukum ◽  
2020 ◽  
Vol 19 (2) ◽  
Author(s):  
Rizkon Maulana ◽  
Indriati Amarini ◽  
Ika Ariani Kartini

The fulfillment of political rights for persons with mental disabilities in general elections has not been running as it should be. Pros and cons arise when collecting data on citizens who have the right to vote at the time of general elections. This research analyzes how the fulfillment of the political rights of persons with mental disabilities in legislation and the obstacles experienced in fulfilling the political rights of persons with mental disabilities. This research is a normative juridical study using secondary data as the main data, namely books, journals, research results, and legislation. Secondary data were analyzed normatively qualitative. The results showed that the political rights of persons with disabilities, including persons with mental disabilities, are a component of human rights that must be fulfilled in a democratic country. The fulfillment of the political rights of persons with disabilities is generally based on Law Number 8 of 2016, namely Article 13 which stipulates that persons with disabilities have the political right to vote and be elected in public office. These rights are important to be respected, protected and fulfilled in order to achieve justice for eliminating political discrimination against persons with disabilities. As for the obstacles experienced in fulfilling the political rights of persons with mental disabilities, namely the difficulty in conveying socialization materials to persons with mental disabilities and the level of voter participation among persons with mental disabilities is still low.Keywords: Political Rights, General Election, Mental Disability


Author(s):  
Rajani Ranganath ◽  
Hemant Deepak Shewade ◽  
Abdul K Bahadur ◽  
Venkatesh Naik ◽  
Sharath Burugina Nagaraja ◽  
...  

Abstract Background India implements universal drug susceptibility testing (UDST) using rapid genotypic tests (cartridge-based nucleic acid amplification test CBNAAT - and line probe assay - LPA). to bridge the gap of diagnosis of multidrug/rifampicin-resistant TB. There is limited evidence assessing the implementation of UDST in India. We assessed the implementation among people with pulmonary TB notified from public facilities in October 2019 from Raichur (Karnataka), India. Methods A cohort study involving secondary data in routine programme settings was conducted. All people with TB underwent a rapid genotypic DST for rifampicin resistance followed by first line-LPA (FL-LPA) if sensitive and second line-LPA (SL-LPA) if resistant. Results Of 217 people, 15.7% (n=34) did not undergo rapid genotypic DST. Of 135 who were rifampicin-sensitive detected on CBNAAT, 68.1% (n=92) underwent FL-LPA, and out of the six rifampicin-resistant cases, 66.7% (n=4) underwent SL-LPA. Overall, 65.4% (142/217) completed the UDST algorithm. Children (aged &lt;15 y) and people with bacteriological non-confirmation on microscopy were less likely to undergo rapid genotypic DST. Of 183 patients who underwent both rapid genotypic DST and sputum smear microscopy, 150 were bacteriologically confirmed and, of them, 9 (6%) were ‘rapid DST-negative’. Conclusion We found gaps at various steps. There were a significant number of ‘rapid DST-negative, smear-positive’ patients.


Author(s):  
Ute M. Röschenthaler

Laws and regulations are important instruments for governing the relationships between people. In recent years, however, scholars have noted a growing judicialization, which concerns particularly immaterial cultural goods that are turned into intellectual and cultural properties. This chapter explores the implications of these regulations for the different actors involved, their moral responsibility and economic practices in the domains of branding and copying with examples of immaterial cultural goods from different African countries and from Austria. It argues that legal regulations that govern the use of immaterial cultural goods form part of the capitalist system. These regulations may be good for some and a hindrance for others. Piracy might damage the investments of an entrepreneur or artist in a brand or art work but might also help to secure the livelihood of other people and enhance the renown of products. Hence, it is important to analyze the perspectives and interests of individuals that are related to these economically important and ethically relevant activities.


2018 ◽  
Vol 147 ◽  
pp. 03009 ◽  
Author(s):  
Bagus Pramono Yakti ◽  
Mohammad Bagus Adityawan ◽  
Mohammad Farid ◽  
Yadi Suryadi ◽  
Joko Nugroho ◽  
...  

A dam break induced-flood propagation modeling is needed to reduce the losses of any potential dam failure. On the 25 July 2013, there was a dam break generated flood due to the failure of Way Ela Natural Dam that severely damaged houses and various public facilities. This study simulated the flooding induced by the failure of Way Ela Natural Dam. A two-dimensional (2D) numerical model, HEC-RAS v.5, is used to simulate the overland flow. The dam failure itself is simulated using HECHMSv.4. The results of this study, the flood inundation, flood depth, and flood arrival time are verified by using available secondary data. These informations are very important to propose mitigation plans with respect to possible dam break in the future.


2019 ◽  
Vol 1 (XIX) ◽  
pp. 283-294
Author(s):  
Grzegorz Krawiec

The legal regulations in Poland do not give the basis to enter the prohibition of placing pets into public facilities. Placing such prohibition in the act of local rank is a significant violation of the law, which makes it necessary to eliminate the norm from legal transactions. The self-government has a constitutionally guaranteed independence. However, this does not entitle the local government to introduce such a prohibition. This violates the principle of legality expressed in art. 7 of the Constitution of the Republic of Poland. Placing the prohibition in question is a violation of clearly statutory provisions. However, also other constitutional provisions remain violated if such a prohibition is introduced: these are, among others provisions regulating the principle of proportionality, resulting from art. 31 para. 3 of the Constitution of the Republic of Poland, which is expressed by the prohibition of excessive interference in the sphere of individual rights and freedoms. It requires legal means resulting from the application of legal provisions to be adequate to achieve the intended purpose and not go beyond what is necessary to achieve it


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