scholarly journals CONCEPTS AND APPLICATION OF GOOD GOVERNANCE IN THE GOVERNMENT OF OMAR BIN ABDUL AZIZ

2021 ◽  
Vol 6 (1) ◽  
pp. 117-132
Author(s):  
Zul Karnaini
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Private Sector ◽  
Good Governance ◽  
The State ◽  
Umayyad Dynasty ◽  
Effectiveness And Efficiency ◽  
The Government ◽  
Good And Evil ◽  
Islamic Values

The term Good Governance (an-Nizam al-Siyasah) is an Islamic concept in the implementation of good governance according to the Qur'an and Hadith. This concept was re-emerged by UNDP in 1990 which was implemented by Umar bin Abdul Aziz during the Umayyad dynasty, in balancing a synergistic and constructive relationship between the state, the private sector and society, through the principles of good governance applied by Umar bin Abdul Aziz: 1. tawhid, 2. Trust, 3. Deliberation, 4. Justice and Law Enforcement, 5. Equality, 6. Brotherhood, 7. Human Rights (HAM), 8. Effective and Efficient, 9. Social Supervision. Umar bin Abd Aziz's principles of good governance are in line with Islamic values, such as: Allah as the highest caliph, trustworthiness, deliberation, justice, equality, brotherhood, human rights, and commanding good and evil. In comparison, UNDP and LAN Good Governance have the following principles: participation, law enforcement, transparency, equality, responsiveness, effectiveness, professionalism, supervision. The principles of good governance of Umar bin Abdul Aziz associated with maqasid sharia are; the principle of tawhid according to maqasid shari'ah in the field of muhafazah ad-din (maintaining religion), the principle of trustworthiness and effectiveness and efficiency, including the category of muhafazah al-mal (protection of property). The application of deliberation, including the category of muhafazah al-aql (preservation of reason) and brotherhood is included in the category of muhafazah al-nasl (maintaining offspring). Human Rights (HAM) are included in the category of muhafazah al-nafs (protecting the soul). in line with the maqasid shari'ah al-Syatibi. If tawhid is connected with Imam Malik's istislahi theory, then this principle includes daruriyyah (principle), while justice and law enforcement, deliberation, trust, equality, brotherhood are included in the hajiyyah category. effective, efficient, social supervision is included in the category of taksiniyah. Then how is good governance implemented and how is it related to UNDP good governance. This is the study of this treatise as material to add to the treasures of knowledge in the state Abstrak: Istilah Good Governance (an-Nizam al-Siyasah) merupakan konsep Islam dalam pelaksanaan tata kelola pemerintahan yang baik sesuai al-Qur’an dan Hadits. Konsep ini dimunculkan kembali oleh UNDP pada 1990 yang pernah dilaksanakan Umar bin Abdul Aziz pada masa dinasti Umayyah, dalam menyeimbangkan hubungan yang sinergis dan konstruktif antara negara, sektor swasta dan masyarakat, melalui  prinsip  good governance yang diterapkan Umar bin Abdul Aziz: 1. tawhid, 2. Amanah, 3. Musyawarah, 4. Keadilan dan Penegakan Hukum, 5. Persamaan, 6. Persaudaraan, 7. Hak Asasi Manusia (HAM), 8. Efektif dan Efisien, 9. Pengawasan Sosial. Prinsip-prinsip Good governance Umar bin Abd Aziz  sejalan dengan tata nilai Islam, seperti: Allah sebagai khalifah tertinggi, amanah, musyawarah, keadilan, persamaan, persaudaraan, HAM, dan amar makruf nahi munkar.  Sebagai bandingannya adalah Good Governance UNDP dan LAN memiliki prinsip sebagai berikut: partisipasi, penegakan hukum, transparansi, kesetaraan, daya tanggap, efektif, profesionalisme, pengawasan. Prinsip-prinsip good governance Umar bin Abdul Aziz diakaikan dengan maqasid syariah adalah; prinsip tawhid sesuai maqasid syari’ah bidang muhafazah ad-din (menjaga agama), prinsip amanah dan efektif serta efisien termasuk ketagori muhafazah al-mal (penjagaan harta). Penerapan musyawarah, termasuk kategori muhafazah al-aql (penjagaan akal) dan persaudaraan  termasuk kategori muhafazah al-nasl (menjaga keturunan). Hak Asasi Manusia (HAM) termasuk kategori muhafazah al-nafs (menjaga jiwa). sejalan dengan maqasid syari’ah al-Syatibi. Jika dihubungkan  tawhid  dengan teori  istislahi Imam Malik maka prinsip ini termasuk daruriyyah (pokok), sementara keadilan dan penegakan hukum, musyawarah, amanah, persamaan, persaudaraan termasuk tingkatan kategori hajiyyah. efektif, efisien, pengawasan sosial termasuk kategori taksiniyah. Lalu bagaimanakah good governance ini diterapkan dan bagaimana hubungannya dengan good governance UNDP. Inilah kajian risalah ini sebagai bahan untuk menambah khazanah ilmu pengetahuan dalam bernegara. Kata Kunci: Tata Kelola, Konsep dan Aplikasi yang Baik, Pemerintahan Omar Bin Abdul Aziz

scholarly journals Human Rights and Law Enforcement

2019 ◽  
Vol 4 (1) ◽  
pp. 114
Author(s):  
Fransiska Novita Eleanora ◽  
Andang Sari
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Rule Of Law ◽  
The State ◽  
Human Rights Violations ◽  
The Rule Of Law ◽  
The World ◽  
The Government

Humans born into the world have declared their rights and naturalrights as gifts from the Almighty, God and every State must recognize them aslegal subjects who must always be respected and protected to realize human valueswell. Therefore; no one can or can act negatively, including the state or even theauthorities or the government. Conceptually, a country that is expected to realizeit is only a legal state that is considered legitimate and adheres to the notion ofdemocracy, namely democracy will become a rule and law. The realization of therule of law is to take action against perpetrators who are proven to have committedcrimes and human rights violations. This paper explains that there are still manycases of gross violations of human rights that have not been clearly revealed andthe perpetrators have not been given appropriate punishment, by giving sanctionsto the perpetrators, so that law enforcement is not realized. The embodiment ofthe rule of law is that it can capture cases of gross violators of human rights andconvict the perpetrators in accordance with the laws that apply in accordance withthe characteristics of the rule of law. The problem is whether law enforcement hasbeen realized especially in human rights violations and can be resolved throughnegotiation, conciliation and mediation.

scholarly journals IMPLEMENTATION OF THE PRINCIPLES OF GOOD GOVERNANCE IN COMBATING STUNTING IN THE JABON DISTRICT, SIDOARJO REGENCY

2021 ◽  
Vol 19 (1) ◽  
pp. 53-67
Author(s):  
Alifa Asta Sabilla ◽  
Arimurti Kriswibowo
Keyword(s):  
Private Sector ◽  
Rule Of Law ◽  
Good Governance ◽  
Physical Growth ◽  
Strategic Vision ◽  
Thinking Ability ◽  
Effectiveness And Efficiency ◽  
The Government ◽  
The Impact

Jabon District is one of the sub-districts in Sidoarjo Regency which is still facing the problem of high stunting cases. Many factors can cause stunting, low access to nutritious food, vitamins, poor parenting, and low health awareness. The impact arising from stunting is the low quality of human resources, because Not only does it inhibit physical growth (stunted/stunted), but also inhibits brain development and low-thinking ability, thereby inhibiting future demographic bonuses. To overcome this, good governance actors (government, private sector, community) are needed in its implementation. These actors, namely the government of the Sidoarjo Regency Health Service and the Jabon Health Center are collaborating with other actors from the private sector (Perusahaan Gas Negara) and the community (Umsida). This study aims to determine the implementation of the principles of good governance in tackling stunting in Jabon District, Sidoarjo Regency. There are 8 principles of good governance according to UNDP, namely: 1. participation, 2. rule of law, 3. transparency, 4. responsiveness, 5. oriented to consensus, 6. justice, 7. effectiveness and efficiency, 8. accountability, 9. strategic vision. The type of research used is descriptive qualitative. The result of this research is that the implementation of principles of good governance has been implemented although there are still some principles that are not optimal. The conclusion of the implementation of the principles of good governance according to UNDP has been implemented and is still ongoing, but the resulting impact has not been maximally felt.

scholarly journals Perlindungan Hukum Pemegang Hak Cipta atas Film Impor

2020 ◽  
Vol 2 (2) ◽  
pp. 169-180
Author(s):  
Agus Wasita
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Value Added ◽  
The State ◽  
Intellectual Property Right ◽  
Financial Loss ◽  
Additional Information ◽  
Legal Enforcement ◽  
Directorate General ◽  
The Government

Since the enforcement of Law No. 19 Year 2002 on Copyright, in particular film businessmen greatly expect that the government may protect the holders of copyright on films, either domestic produced films or imported films against the practice of film pirating. To improve effectively the protection of copyright, since 29th day of July 2003, the Directorate General of Intellectual Property Right (HAKI) of the Ministry of Justice and Human Rights has appealed shopping centers not to provide any single place for businessmen to sell pirated goods. But the appeal looks running ineffectively, because no legal force being imposed to provide certainty, however the Directorate General of HAKI of the Ministry of Justice and HAM (Human Rights) issued threatening of criminal sanction or civil compensation if the Mall/Plaza management still make any violation on the provisions of prohibition to provide any single place for selling the pirated goods. The arising loss resulted from film pirating actually not only suffers a financial loss for the film businessmen but also the state in this case procured from the tax sector. According to Kompas, the state at least suffered financial loss of 11 trillion as from 2005 procured from value added tax which should be levied by the state of film and song sales. additional information this business scale of pirated films may achieve the turnover of Rupiah billions weekly. It can be imagined what will be made by the perpetrators of film pirating in order that their illegal businesses are not disrupted. However, since the 80s the issue on law enforcement, particularly in upholding and handling the copyright has never been seriously handed and completed. The issue on both parallel import and violation of Law No. 8 of 1992 likewise, especially with regard to the obligation to censor film can not be handled appropriately. Meanwhile, the holders of copyright great do hope the police institution may directly arrest the perpetrators of pirating and processes them until filing claims. But apparently from the cases handled, which may further be processed until filing the claims are some of them only. By virtue of above illustration, the prominent issue to be discussed in this writing is ineffectiveness of legal enforcement of the state against the holders of copyright of imported films. It is alleged for insufficient statutory regulations to solve the complicated problems, obscure rule of games and the officers of legal institution weakly apply the law enforcement.

scholarly journals Implementasi Prinsip-Prinsip Good Governance dalam Memajukan Kabupaten Jember

2020 ◽  
Vol 1 (3) ◽  
pp. 302-310
Author(s):  
Moh Anwar Nuris
Keyword(s):  
Human Rights ◽  
House Of Representatives ◽  
Good Governance ◽  
The State ◽  
Government Administration ◽  
The Government ◽  
The Many

In realizing good governance in government, we need a foundation to make it happened. Good governance is the basis for the value of government administration which is oriented towards restoring the community's dignity in order to rebuild the image of the government as a just servant. This was accompanied by the increasing demands for democracy, recognition of human rights, which resulted in demands for management characterized by good governance. The results show that: (1) The application of the principles of good governance in the Jember Regency Government is still insufficient because of the many violations committed by the government (2) the process of applying the principles of good governance in advancing Jember Regency is still lacking due to the many violations committed by the government. Jember Regency Government in carrying out alleged violations of statutory regulations. Starting from the management of the State Civil Apparatus (ASN), the use of government apparatus authority, and the management of regional finances which have a massive impact on ASN and the community so that the impeachment of the Regent of Jember by the Regional House of Representatives (DPRD Jember) affects the implementation of government in Jember Regency so that it has an impact on the performance of the Regent of Jember. (3). Factors that hinder the preparation of the RAPBD in implementing the principles of good governance in Jember Regency.

GOOD GOVERNANCE, AKUNTANSI PEMERINTAHAN DAN EKONOMI KERAKYATAN

2007 ◽  
Author(s):  
Yuskar Yuskar
Keyword(s):  
Private Sector ◽  
Social Welfare ◽  
Natural Resources ◽  
Good Governance ◽  
Financial Economic ◽  
Strong Impact ◽  
Governance Mechanism ◽  
Literature Study ◽  
The Public ◽  
The Government

Good governance is a ware to create an efficient, effective and accountable government by keeping a balanced interaction well between government, private sector and society role. The implementation of a good governance is aimed to recover the public trust for the government that has been lost for the last several years because of financial, economic and trust crisis further multidimensional crisis. The Misunderstanding concept and unconcerned manner of government in implementing a good governance lately have caused unstability, deviation and injustice for Indonesia society. This paper is a literature study explaining a concept, principles and characteristics of a good governance. Furthermore, it explains the definition, development and utility of an efficient, effective and accountable government in creating a good governance mechanism having a strong impact to the democratic economy and social welfare. It also analyzes the importance of government concern for improving democratic economy suitable with human and natural resources and the culture values of Indonesia.

People’s Movement in Odisha: An Assessment

2017 ◽  
Vol 63 (2) ◽  
pp. 265-283
Author(s):  
Subhendu Ranjan Raj
Keyword(s):  
Human Rights ◽  
Large Scale ◽  
Civil Disobedience ◽  
The State ◽  
State Governments ◽  
Growth Strategies ◽  
Protest Movements ◽  
The People ◽  
The Government ◽  
Set Up

Development process in Odisha (before 2011 Orissa) may have led to progress but has also resulted in large-scale dispossession of land, homesteads, forests and also denial of livelihood and human rights. In Odisha as the requirements of development increase, the arena of contestation between the state/corporate entities and the people has correspondingly multiplied because the paradigm of contemporary model of growth is not sustainable and leads to irreparable ecological/environmental costs. It has engendered many people’s movements. Struggles in rural Odisha have increasingly focused on proactively stopping of projects, mining, forcible land, forest and water acquisition fallouts from government/corporate sector. Contemporaneously, such people’s movements are happening in Kashipur, Kalinga Nagar, Jagatsinghpur, Lanjigarh, etc. They have not gained much success in achieving their objectives. However, the people’s movement of Baliapal in Odisha is acknowledged as a success. It stopped the central and state governments from bulldozing resistance to set up a National Missile Testing Range in an agriculturally rich area in the mid-1980s by displacing some lakhs of people of their land, homesteads, agricultural production, forests and entitlements. A sustained struggle for 12 years against the state by using Gandhian methods of peaceful civil disobedience movement ultimately won and the government was forced to abandon its project. As uneven growth strategies sharpen, the threats to people’s human rights, natural resources, ecology and subsistence are deepening. Peaceful and non-violent protest movements like Baliapal may be emulated in the years ahead.

Kontrol Keimigrasian terhadap Kunjungan Orang Asing di Provinsi Aceh

2019 ◽  
Vol 5 (1) ◽  
pp. 1-16
Author(s):  
Safrida Safrida
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Immigration Law ◽  
Limited Budget ◽  
Aceh Province ◽  
Directorate General ◽  
The Government ◽  
Supervisory Staff ◽  
And Control ◽  
Staff Number

The government, through the Directorate General of Immigration, an Indonesian government agency under the Ministry of Law and Human Rights, has carried out one of its duties and functions, namely the supervision and control of foreigners residing in Indonesian territory, based on Law Number 6, 2011 concerning Immigration. The supervision or control is carried out to enforce the law, especially the immigration law. The class II Lhokseumawe Immigration Office in the Aceh province, which is the technical implementation unit for immigration in the region, has carried out its duties and functions of monitoring and controlling foreigners in its working area since the release of regulation No. 6, 2011. The results of this study reported that the implementation of supervision of foreigners at the Lhokseumawe Immigration Office has been carried out properly based on the regulation concerning Immigration and Regulation of the Minister of Law and Human Rights. But some constraints are still encountered, particularly lack of supervisory staff number, the width of the working area, and the limited budget. The author's suggestion should be that the implementation of supervision and control of foreigners at this working area should be carried out as often as possible and at the same time, the stakeholder (government) should resolve the obstacles met by staffs so that the immigration law enforcement can be achieved and improved.

Tinjauan Hukum Putusan Sela dalam Bentuk Schorsing pada Pengadilan Tata Usaha Negara

2017 ◽  
pp. 15-45
Author(s):  
Dezonda R Pattipawae ◽  
Heillen M. Y. Tita
Keyword(s):  
Good Governance ◽  
The State ◽  
Civil Servants ◽  
State Administration ◽  
The Government ◽  
The Postponement ◽  
Laws And Regulations

The postponement of a State Administrative Decision which becomes the object of the dispute may be granted, since there is still a continuous factual action to be taken, namely the appointment of a definitive Regional Secretary, the inauguration or handover of the position of the dismissed Regional Secretary to the appointed Secretary of the Region whose contents as statements (declarations) of submission of all duties, powers and duties. Decree of the Governor of Maluku Number: 125.a Year 2014 dated May 20, 2014 concerning the Transfer of Civil Servants, on behalf of Kapressy Charles, SH. MSi, NIP: 19560911 198603 1 009 from Southwest Maluku District in Tiakur to the Government of Povinsi Maluku in Ambon, so Kapressy Charles, SH. Msi, felt his interest was damaged by the decision issued by the Governor of Maluku as the State Administration Officer. Therefore the concerned filed a lawsuit to the State Administrative Court of Ambon with Case No. 23/G/2014/PTUN.ABN, concerned requested to carry out the postponement of the transfer from the Government of the Southwest Maluku District to the Government of Maluku Province in due to the contradiction of the principles general good governance or prevailing laws and regulations.

scholarly journals Misconception on the Authority Abuse of Power in the Law Enforcement against Corruption

2017 ◽  
Vol 13 (9) ◽  
pp. 51
Author(s):  
Sadjijono Sadjijono ◽  
Bagus Teguh Santoso
Keyword(s):  
Law Enforcement ◽  
Good Governance ◽  
Government Officials ◽  
Legal Concept ◽  
Abuse Of Power ◽  
Government Administration ◽  
The Absolute ◽  
The Law ◽  
The Government ◽  
Administrative Jurisdiction

Law No. 30/ 2014 on Government Administration brings the strength and the averment on the performance of the governmental functions which include executive, legislative, and juridical in order to provide the public services (bestuurzorg). Such regulation also aims to prevent and to eliminate any kinds of the maladministration done by the government officials/organs in implementing their functions so that good governance can be realized. In implementing their function, the government should rely on the useful performance (doelmatigheid) and the effectiveness (doeltreffenhgeid) according to the norms of each authority. It is a sophism when the ‘authority’ and/or the ‘competence’ mentioned under the Law No. 30/ 2014 on Government Administration are defined differently in the letterlijk gramatikal wet without associating those terms with an understanding of bevoegheid in an administrative legal concept. An idea that distinctively defines the term ‘competence’ as a right and ‘authority’ as a power is considered as an inconsistent idea, which may cause dualism and distortion in the common law enforcement reffering to the administrative law, particularly related to the concept of the authority abuse of power mentioned under the Law No. 31/ 1999 amended by the Law No. 20/ 2001 on deeds against corruption. As the result, when the notion of ‘authority abuse of power’ is defined as a right (as mentioned in article 1, subsection 5 jo. article 17, Law No. 30/ 2014 on Government Administration), it will be characterized into the absolute competence of the administrative jurisdiction, and when the notion of ‘authority abuse of power’ is defined as a power (as mentioned in article 3, Law No. 31/ 1999 on deeds against corruption), it will be characterized into the absolute competence of the corruption-act jurisdiction. Meanwhile, implementing the government’s ‘competence’ and/or ‘authority’ is characterized into one concept based on the norms of the authority power.

scholarly journals Implementation of Normative Intelligence Policy In Immigration View

2019 ◽  
Vol 1 (2) ◽  
pp. 103-116
Author(s):  
Olyvia Sindiawaty ◽  
Mercy Marvel
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
State Government ◽  
The State ◽  
Government Agencies ◽  
Immigration Enforcement ◽  
Legal Rules ◽  
State Security ◽  
The Future ◽  
Definition Of

Intelligence Policy has often been heard in the realm of law, especially with government agencies held in Indonesia. One of them is the immigration agency, which is under the auspices of the Ministry of Law and Human Rights. The implementation of the policy is still minimal, although in fact it is contained in article 1 of Law No. 6 of 2011 number 30, as well as article 74. There are still many that need to be addressed, both in the applicable legal rules and with implementation in the field. The fact that sometimes the Immigration Officer is sometimes mixed in its own definition of intelligence and oversight. Are they the same or different and how to distinguish the two. Recognizing the fact that immigration is increasingly compacted by traffic activities in and out of foreigners and citizens and their supervision, a qualified intelligence is needed in maintaining the upholding of the country's sovereignty. It is an obligation, especially for immigration to safeguard the country as stated in the immigration function, is part of the affairs of the state government in providing Immigration services, law enforcement, state security, and community welfare development facilitators. Therefore, immigration should take part in enforcing supervision and security of the state in the field of law. Immigration intelligence which is under the auspices of the Directorate of Intelligence and immigration enforcement should need to be developed more thoroughly as a whole. So, it is hoped that in the future the Indonesian state will have total sovereignty over the country and its own people.

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