scholarly journals The Effectiveness of Regional Regulation of The Province of Bali Number 16 of 2009 Concerning Spatial Planning for The Province of Bali in The Development of Tourism Supporting Facilities at The Sanctuary Area in Badung Regency

2020 ◽  
Vol 3 (1) ◽  
pp. 54-58
Author(s):  
Ida Ayu Putu Widiati ◽  
Luh Putu Suryani ◽  
Indah Permatasari
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Spatial Planning ◽  
Tourism Industry ◽  
The Rule Of Law ◽  
The Supreme Court ◽  
Pros And Cons ◽  
Article 50 ◽  
Holy Place

One of the highly developed tourism industries in Bali is the tourism industry. Nevertheless, the problem that then arises is that there are developments encountered in the area of the holy place that should not be made as a place to support the tourism facilities. This is of course not in accordance with the provisions of Regional Regulation Number 16 of 2009 concerning Spatial Planning for the Province of Bali, particularly in Article 50 paragraph (2). This study examines the effectiveness of Bali Province Regional Regulation Number 16 of 2009 related to the construction of Tourism supporting facilities in the radius of the shrine area in Badung Regency. The whole data collected are processed and analyzed by organizing them systematically, and are then classified and connected between one data with another. In practice, there are still violations related to the rules of the radius of the sacred area around the Pura Sad Kahyangan, especially in the Pura Luhur Uluwatu. The existence of norms related to sacred areas comes through pros and cons in practice. Some judicial review requests have even been submitted to the Supreme Court. The role of law enforcement also needs necessarily to be optimized, especially in terms of enforcing the rule of law related to violations in the radius of the holy place in the Badung Regency.  

The Role of Courts in Rifted Democracies

1999 ◽  
Vol 33 (2) ◽  
pp. 216-258 ◽  
Author(s):  
Ruth Gavison
Keyword(s):  
Supreme Court ◽  
Rule Of Law ◽  
Judicial Review ◽  
Public Life ◽  
The Political ◽  
The Rule Of Law ◽  
Independent Judiciary ◽  
The Supreme Court ◽  
Harsh Criticism

A discussion of the role of courts in Israel today demands some introductory remarks. The Supreme Court and the President of the Supreme Court enjoy great acclaim and respect within Israel and abroad, but have recently come under attack from a variety of sources. These attacks are often confused, and many of them are clearly motivated by narrow partisan interests and an inherent objection to the rule of law and judicial review. But these motives do not necessarily weaken the dangers which the attacks pose to the legitimacy of the courts in general, and the Supreme Court in particular, in Israel's public life. The fact that in some sectors extremely harsh criticism of the court is seen to be an electoral boost, testifies to the serious and dangerous nature of the threat. This situation creates a dilemma for those who want a strong and independent judiciary, believing it is essential for freedom and democracy, but who also believe that, during the last two decades, the courts have transgressed limits they should respect. The dilemma becomes especially acute when the political echo sounds out in one's criticism, and when one is part of the group that believes that the legal and the judicial systems have made some contribution to the prevalence of these hyperbolic and dangerous attacks, as I am.

scholarly journals CORRUPTION, CAPITAL ABUNDANCE AND ECONOMIC DEVELOPMENT: EVIDENCE FROM THE EUROPEAN UNION COUNTRIES

2016 ◽  
Vol 10 (2) ◽  
Author(s):  
Vlatka Bilas ◽  
Mile Bošnjak ◽  
Sanja Franc
Keyword(s):  
European Union ◽  
Economic Development ◽  
Law Enforcement ◽  
Rule Of Law ◽  
Explanatory Power ◽  
The European Union ◽  
The Rule Of Law ◽  
European Union Countries ◽  
The Relationship

The aim of this paper is to establish and clarify the relationship between corruption level and development among European Union countries. Out of the estimated model in this paper one can conclude that the level of corruption can explain capital abundance differences among European Union countries. Also, explanatory power of corruption is higher in explaining economic development than in explaining capital abundance, meaning stronger relationship between corruption level and economic development than between corruption level and capital abundance. There is no doubt that reducing corruption would be beneficial for all countries. Since corruption is a wrongdoing, the rule of law enforcement is of utmost importance. However, root causes of corruption, namely the institutional and social environment: recruiting civil servants on a merit basis, salaries in public sector competitive to the ones in private sector, the role of international institutions in the fight against corruption, and some other corruption characteristics are very important to analyze in order to find effective ways to fight corruption. Further research should go into this direction.

scholarly journals Exixtence of Indonesian Advocate Profession

2018 ◽  
Vol 7 (3.21) ◽  
pp. 317
Author(s):  
M Zamroni ◽  
. .
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Criminal Code ◽  
Pecking Order ◽  
The Rule Of Law ◽  
The Supreme Court ◽  
Before And After ◽  
Law Enforcement Officials ◽  
The Law ◽  
The Republic

Hope to have legislation that specifically set while an umbrella in running materialize advocate profession, lawyers are more confident in addition to other law enforcement officials, such as judges, prosecutors and police, as well as respected as an equal partner in the law enforcement process. But the big question is how the existence of the profession of advocate Indonesia before and after the enlawment of Act Number 18 of 2003 concerning the Advocate, as well as any constraints that occur in their implementation. The rule of law relating to the profession of advocate before the enLawment of Act Number 18 of 2003 concerning The Advocate, scattered in various laws, such as Act Number 1 of 1946 on the Law of Criminal Code, Act Number 1 of 1950 on the Supreme Court, Emergency Act Number 1 of 1951 governing temporary measures to organize the unity of the pecking order and civil court events, and Herziene Indlandsch Regalement (HIR). Before the release of Act Number 18 of 2003 concerning Advocates, advocate the use of the term in prLawice there has been no standard for the profession. In various provisions of the legislation of any inconsistency pr. For example Act Number 14 of 1970, as has been replaced by Act Number 35 of 1999, and was replaced again by Act Number 4 of 2004 as well as the latter is replaced by Act Number 48 of 2009, regarding the power of Justice, to use the term legal aid and lawyers. Birth of the Act of the Republic of Indonesia Number 18 of 2003 concerning The Advocate is the expectation of a long delayed during the 58 years since the independence of the Republic of Indonesia, the laws governing the profession of advocate a free, independent and responsible for the implementation of a judicial honest, fair, and legal certainty for all seekers of justice in upholding the law, truth, justice, and human rights.  

The Role of The National Land Agency in Monitoring The Issuing Land Deed by The Temporary Land Deed Officer in Indramayu Regency

Authentica ◽  
2020 ◽  
Vol 2 (2) ◽  
Author(s):  
Sabrina Widya Astuti
Keyword(s):  
Rule Of Law ◽  
Spatial Planning ◽  
The Rule Of Law

This study aims to analyze how the role of the National Land Agency in terms of supervision of the making of a land deed by the Acting Land Actor in the District of Indramayu. based on research that has been carried out the role of supervision carried out by the National Land Agency in Indramayu Regency contained in the regulation of the Minister of Agrarian Affairs and Spatial Planning No. 2 of 2018 concerning Supervision and Development of Land Deed Making Officials. Research shows that supervision of the Temporary Land Deed Making Officials in Indramayu Regency has not been carried out by the National Land Agency. Supervision based on Permen ATR Number 2 of 2018 namely preventive and repressive supervision. Preventive supervision is to supervise the implementation of the PPAT position while repressive supervision is carried out by enforcing the rule of law in accordance with statutory provisions in the PPAT field. Keywords: National Land Agency, supervision, PPAT

scholarly journals LAW ENFORCEMENT IN BANKING CRIMINAL ACT INVOLVING INSIDERS

2018 ◽  
Vol 1 (1) ◽  
pp. 55-90
Author(s):  
Ridwan Arifin
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Banking Sector ◽  
Public Awareness ◽  
Criminal Code ◽  
Internal Controls ◽  
The Rule Of Law ◽  
Preventive Effort ◽  
Procedure Code

The rise of news in the mass media related to burglary cases of bank customer funds further raises public awareness of the vulnerability of the banking sector used as a means (crimes through the bank) and as the target of crime against the bank. On the other hand, the awareness is intended to further convince each party that the bank in conducting its business activities must be managed and managed by parties who have integrity and good competence. The purpose of this research is to: (1) analyze and describe the implementation of the rule of law in handling banking criminal case involving insider; and (2) to know and analyze government efforts both preventive and repressive in handling banking crime cases in Indonesia, especially in cases involving insiders. The results showed that the implementation of law in handling banking crime cases in addition to using Law No. 10 of 1998 on Amendment to Law No. 7 of 1992 concerning to Banking (Banking Act), also used several provisions of article in the Criminal Code (KUHP) and Law No. 20 Year 2011 jo. Law No. 31 Year 1999 on the Eradication of Corruption. The role of Bank Indonesia in the enforcement of law in the form of investigation and/or forensic examination of banking crime that occurred in a bank which then the result of investigation is reported to law enforcement in accordance with applicable Criminal Procedure Code. Enforcement and prevention efforts are conducted jointly through the synergy of Bank Indonesia, the Police and the Attorney. In addition, Bank Indonesia also applied the principle of know your customer and compliance function as a preventive effort for banking crime. The weakness of internal controls is the cause of the ineffectiveness of handling of banking crime cases, especially those involving insiders, a memorandum of understanding between Bank Indonesia, the Police and the Attorney Office is only a moral obligation, should be more binding so that it can become one of the more powerful law enforcement tools.

scholarly journals Peran Badan Pengawas Pemilu dalam Penanganan Tindak Pidana Pemilu di Kabupaten Simalungun

2021 ◽  
Vol 4 (2) ◽  
pp. 1209-1221
Author(s):  
Michael Richard Siahaan ◽  
Isnaini Isnaini ◽  
Mirza Nasution
Keyword(s):  
Data Analysis ◽  
Law Enforcement ◽  
Rule Of Law ◽  
Research Method ◽  
General Election ◽  
The Rule Of Law ◽  
Analysis Technique ◽  
General Elections ◽  
Descriptive Method

This paper aims to analyze the role of the Election Supervisory Body and the obstacles faced in handling election crimes in Simalungun Regency. The research method used is descriptive method, while the data analysis technique uses descriptive qualitative. Based on the results of this study indicate that the rule of law regarding the role of the Election Supervisory Body in handling election crimes is stated in Law no. 7 of 2017 concerning General Elections, Election Supervisory Body Regulation No. 7 of 2018 concerning Handling of Findings and Reports of General Election Violations and Bawaslu Regulation No. 31 of 2018 concerning the Integrated Law Enforcement Center. The role of the Election Supervisory Body in handling election crimes in Simalungun Regency has not been fully able to carry out its role in handling election crimes. The obstacles faced by the Election Supervisory Body in handling election crimes are: there are often differences in perceptions in the Gakkumdu Center, there is a large enough opportunity to eliminate evidence, suspects are often uncooperative, and the lack of Bawaslu officers even though the task must be carried out, especially during elections. relatively much.

scholarly journals Penyelesaian Tindak Pidana Pencurian Hewan Ternak Menurut Hukum Adat Masyarakat Kecamatan Alas Kota Madya Manufahi

2021 ◽  
Vol 7 (1) ◽  
pp. 143
Author(s):  
Acacio Fernandes Vassalo
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Positive Response ◽  
East Timor ◽  
Customary Law ◽  
Modes Of Operation ◽  
The Rule Of Law ◽  
Legal Principles ◽  
Article 59

Theft is related to the possession of other property without the permission of the owner, with various ways and modes of operation. The role of customary law in the settlement of criminal theft (livestock) is the implementation of state duties in combating criminal acts. This is a manifestation of Article 2 paragraph (3) and Article 59 paragraph (4) of the RDTL Constitution. The application of customary law in the Alas District (Posto Administrativo) is a positive response to the high desire of the community about a peaceful and serene life in their environment. Therefore, the term law enforcement is closely related to the idea of the rule of law or legal principles as the supreme power in the rule of law and democracy in East Timor.

scholarly journals LAW ENFORCEMENT IN BANKING CRIMINAL ACT INVOLVING INSIDERS

2018 ◽  
Vol 1 (1) ◽  
pp. 55-90
Author(s):  
Ridwan Arifin
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Banking Sector ◽  
Public Awareness ◽  
Criminal Code ◽  
Internal Controls ◽  
The Rule Of Law ◽  
Preventive Effort ◽  
Procedure Code

The rise of news in the mass media related to burglary cases of bank customer funds further raises public awareness of the vulnerability of the banking sector used as a means (crimes through the bank) and as the target of crime against the bank. On the other hand, the awareness is intended to further convince each party that the bank in conducting its business activities must be managed and managed by parties who have integrity and good competence. The purpose of this research is to: (1) analyze and describe the implementation of the rule of law in handling banking criminal case involving insider; and (2) to know and analyze government efforts both preventive and repressive in handling banking crime cases in Indonesia, especially in cases involving insiders. The results showed that the implementation of law in handling banking crime cases in addition to using Law No. 10 of 1998 on Amendment to Law No. 7 of 1992 concerning to Banking (Banking Act), also used several provisions of article in the Criminal Code (KUHP) and Law No. 20 Year 2011 jo. Law No. 31 Year 1999 on the Eradication of Corruption. The role of Bank Indonesia in the enforcement of law in the form of investigation and/or forensic examination of banking crime that occurred in a bank which then the result of investigation is reported to law enforcement in accordance with applicable Criminal Procedure Code. Enforcement and prevention efforts are conducted jointly through the synergy of Bank Indonesia, the Police and the Attorney. In addition, Bank Indonesia also applied the principle of know your customer and compliance function as a preventive effort for banking crime. The weakness of internal controls is the cause of the ineffectiveness of handling of banking crime cases, especially those involving insiders, a memorandum of understanding between Bank Indonesia, the Police and the Attorney Office is only a moral obligation, should be more binding so that it can become one of the more powerful law enforcement tools.

scholarly journals Ochrona przyrody w postępowaniu o ustalenie warunków zabudowy (wybrane aspekty prawnoadministracyjne)

2020 ◽  
pp. 27-40
Author(s):  
Bogusława Dobkowska
Keyword(s):  
Environmental Protection ◽  
Rule Of Law ◽  
Spatial Planning ◽  
Case Law ◽  
Legal Regulations ◽  
Building Conditions ◽  
The Rule Of Law ◽  
Regional Director ◽  
Investment Process

The article presents the issues of environmental protection in planning and spatial conservation. For this purpose, appropriate legal regulations will be presented, the case law of administrative courts and views of doctrine will be analyzed. As a preface and the purpose of a deeper familiarization with the problem, the basic issues of planning and spatial planning will be approximated. In the investment process, it is extremely important to verify the decision on building conditions in terms of separate regulations, including those concerning environmental protection. The role of environmental decision can not be undermined in this respect. Also the role and importance of cooperation in the course of the proceedings is not to be undermined. Specialized bodies are obliged to take a position in a section of the administrative case, to which they assess the conformity of the draft decision with separate provisions. It seems that the wise use of the institution of tacit reconciliation by the regional director of environmental protection will not lead to the issuing of illegal decisions in the main proceedings that would violate the rule of law.

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