scholarly journals Analisis terhadap Dualitas Peraturan Menteri dalam Sistem Peraturan Perundang-Undangan di Indonesia

2021 ◽  
Vol 4 (1) ◽  
pp. 53-68
Author(s):  
Irfan Ardyan Nusanto
Keyword(s):  
Regulation System ◽  
Conceptual Approach ◽  
Policy Rules ◽  
Review Mechanism ◽  
Binding Power ◽  
Power Hierarchy

This article examines the duality of ministerial regulations in Indonesian regulation system based on their making authority sources according to Law No. 12 Year 2011 concerning Regulation Making Rules (UU P3). The approach methods used in this research are conceptual approach and statute approach. This article concludes there are two ministerial regulations which recognized as regulations by UU P3 that should be distinguished. Ministerial regulation which was made by higher regulations order (delegated legislation) could be categorized as an implementing rule (verordnung). Whereas, ministerial regulation which was made based on ministery position authority (inherent aat het bestuur) could be categorized as a beleidsregel, standing as policy rules. Though, the two of them were recognized as regulations, however, they have different design, background and character, thus, their substance, binding power, hierarchy position and review mechanism, were not the same. Therefore, ministerial regulation which was beleidsregel could not be applied as the same as implementing regulation (verordnung).

scholarly journals LEGAL HARMONIZATION IN ASEAN ECONOMIC COMMUNITIES (LOOKING FOR THE BEST LEGAL HARMONIZATION MODEL)

2018 ◽  
Vol 3 (2) ◽  
pp. 134-141
Author(s):  
Candra Irawan
Keyword(s):  
International Agreements ◽  
Soft Law ◽  
Regulation System ◽  
Legal Basis ◽  
Hard Law ◽  
Asean Country ◽  
Shared Awareness ◽  
Asean Countries ◽  
Binding Power ◽  
Legal Harmonization

ASEAN countries need to be encouraged to make responsive, effective, efficient, non-discriminatory, and pro-competition regulations that are adjusted AEC Blueprint 2025. This means that each ASEAN country needs to harmonize regulations so that the rules that apply in each national territory do not conflict with each other and in line with AEC Blueprint 2025. There is no clear regulation system in force in ASEAN, nor is the legal harmonization mechanism and binding power of the AEC. Questions that should be asked, is the legal basis for the implementation of AEC Blueprint 2025 deliberately based on international agreements only (intergovernmental, soft law) and not upgraded to legal force (primacy principles, hard law)? The most important thing is that there is a shared awareness to build the ASEAN region's economy more productive, advanced and shared prosperity. The commitment is not enough just to use soft law approach, but must be followed by hard law approach (primacy principles). ASEAN leaders should hold talks and seek agreement to implement the principle of supranational (primacy principles) that the implementation of the AEC Blueprint 2025 be adhered to by all member states.

scholarly journals LEGAL HARMONIZATION IN ASEAN ECONOMIC COMMUNITIES (LOOKING FOR THE BEST LEGAL HARMONIZATION MODEL)

2018 ◽  
Vol 3 (2) ◽  
pp. 134-141
Author(s):  
Candra Irawan
Keyword(s):  
International Agreements ◽  
Soft Law ◽  
Regulation System ◽  
Legal Basis ◽  
Hard Law ◽  
Asean Country ◽  
Shared Awareness ◽  
Asean Countries ◽  
Binding Power ◽  
Legal Harmonization

ASEAN countries need to be encouraged to make responsive, effective, efficient, non-discriminatory, and pro-competition regulations that are adjusted AEC Blueprint 2025. This means that each ASEAN country needs to harmonize regulations so that the rules that apply in each national territory do not conflict with each other and in line with AEC Blueprint 2025. There is no clear regulation system in force in ASEAN, nor is the legal harmonization mechanism and binding power of the AEC. Questions that should be asked, is the legal basis for the implementation of AEC Blueprint 2025 deliberately based on international agreements only (intergovernmental, soft law) and not upgraded to legal force (primacy principles, hard law)? The most important thing is that there is a shared awareness to build the ASEAN region's economy more productive, advanced and shared prosperity. The commitment is not enough just to use soft law approach, but must be followed by hard law approach (primacy principles). ASEAN leaders should hold talks and seek agreement to implement the principle of supranational (primacy principles) that the implementation of the AEC Blueprint 2025 be adhered to by all member states.

scholarly journals HARMONISASI PERATURAN DAERAH KABUPATEN/KOTA PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 137/PUU-XIII/2015

2021 ◽  
Vol 3 (1) ◽  
Author(s):  
Muhammad Roqib
Keyword(s):  
Local Government ◽  
Supreme Court ◽  
Judicial Review ◽  
Central Government ◽  
Research Result ◽  
Constitutional Court ◽  
Conceptual Approach ◽  
Review Mechanism ◽  
Points Of View

Constitutional Court has issued Verdict No. 137/PUU-XIII/2015 about withdrawing the Governor’s authority in cancelling regency/city regulation. The Constitutional Court has tested Article No. 251 (2), (3), (4), and (8) on the Constitution No. 23 of 2014 about Local Government. By this verdict, the only way to issue the cancellation of the regency/city regulation is through judicial review mechanism of Supreme Court (MA). Only after the Governor’s authority in cancelling the regency/city regulation has been  revoked, a problem appears in how to ensure the harmonization between the regency/city regulation and another regulation. This research uses statute approach, examining all of the constitutions with examined law issues and conceptual approach which starts from points of view and developing doctrines in science of law. Based on this research result, it is discovered that during the implementation of the Verdict of the Constutional Court No. 137/PUU-XIII/2015 did not deprive the control of central government towards local government, including the establishment of regency/city regulation. Governor as representative of central government in the region was given an authority to supervise preventively towards the establishment of regency/city regulation. By maximum preventive supervision, it would harmonize between regency/city regulation and another constitutional regulation.

scholarly journals PENOLAKAN PENCATATAN PERKAWINAN OLEH KANTOR DINAS KEPENDUDUKAN DAN CATATAN SIPIL AKIBAT TERBITNYA AKTA PEMBATALAN PERKAWINAN

2021 ◽  
Vol 7 (1) ◽  
Author(s):  
Cynthia Kweenedy
Keyword(s):  
Civil Law ◽  
Conceptual Approach ◽  
Civil Registration ◽  
Binding Power ◽  
The City ◽  
Research Type

The research takes the theme of the Rejection of Marriage Registration by the Office of Population and Civil Registration of the City of Mataram due to the issuance of Marriage Cancellation Certificate Number 1 dated 22 July 2017 which was made before a Notary, by discussing the issue of the strength of binding to the Marriage Cancellation deed Number 1 dated July 22 2017 and the responsibility of the notary, researched using a normative juridical research type with a statutory approach, a conceptual approach and a case approach, the following conclusions are obtained: Deed of Marriage Cancellation Number 1 dated July 22, 2017 made before a notary has no binding power, because the notary does not have the authority to make deeds cancellation of marriage, but the authority of other officials as meant by the provisions of Article 15 of the UUJN. The making of the marriage annulment deed makes the prospective wife whose request for marriage registration is rejected suffer both material and immaterial losses. For such losses, the notary can be responsible from a civil law perspective on the basis of having committed an unlawful act as referred to in Article 15 UUJN in conjunction with Article 1365 KUH Perdata.

scholarly journals CONCEPTUAL APPROACH TO UNDERSTANDING BUDGET MANAGEMENT IN THE PUBLIC REGULATION SYSTEM

2020 ◽  
Vol 5 (5) ◽  
pp. 90
Author(s):  
Nataliia Melnychuk ◽  
Svitlana Zalyubovska
Keyword(s):  
Management Development ◽  
Regulation System ◽  
Budget Management ◽  
Conceptual Approach ◽  
The Public ◽  
Public Regulation ◽  
Close Relationship ◽  
Logical Method ◽  
Entity Relationship ◽  
Result Management

Based on the generalization of existing conceptual approaches to the budget management understanding in the public regulation system, a conceptual approach «Entity-Relationship-Result» Management is proposed, which made it possible to reveal the main trends in the budget management development in the public regulation system, determine its structural elements, deepen the budget management essence, characterize scientific approaches to understanding the components and principles of budget management, state your own vision of its methods and classification features. From this, a conceptual semantic model of the budget management understanding in the public regulation system is developed reflecting the list of budget management components in the public regulation system, their close relationship and coherence. The purpose of the article is the development of a conceptual approach to the budget management development in the public regulation system. Theoretical and methodological principles of the budget management development in the public regulation system is a subject of investigation. Research design. Within the article, a set of general scientific and special research methods is used. When forming the conceptual categorical apparatus, methods of analysis and synthesis, generalization and scientific abstraction were used. Abstract-logical method was used for the generalization of theoretical foundations of budget management; system analysis was used to characterize the main components, functions, principles, techniques and budget management methods; historical-logical method, the method of induction and deduction allowed to explore the conceptual approach to understanding the importance of budget management in the public regulation system; graphical method was used to visualize the results of the study. Conclusions. Therefore, budget management is one of the tools to overcome problems, which arise in the process of formation and use of budget funds in the conditions of their scarcity. The matter of justification of optimal and effective methods and tools of effective budgetary management is important not only for Ukraine but also for other states, in particular the post-Soviet space. At the same time, the global experience does not give universal decisions on the budget management organization, since each state has its own budgetary system, peculiarities of building a budgetary system and its conceptual management approaches that can be used in the budgetary sphere (New Public Management, Good Governance, Multi-level Governance, Network Management and E-government). It is proved that, although budget management is widely used in financial science, a conceptual approach to its understanding has not been formed yet. Critical analysis of the literature has made it possible to substantiate that in the study of budget management, conceptual approaches of public administration are used, which do not allow revealing all its peculiarities in full. We have offered our own conceptual approach «Entity-Relationship-Result» Management, which made it possible to reveal the main trends in the budget management development in the public regulation system; determine its structural elements, deepen the budget management essence (a complex of interrelated functions, principles, methods, techniques and procedures used by the authorized bodies and aimed at the development and implementation of management decisions in drawing up, reviewing, approving, executing the state budget and the budgets of its territorial and administrative units to ensure efficient use of budgetary funds), offer scientific approaches to understanding the components and principles of budget management, state your own vision of its methods and classification features. This helped to build a conceptual semantic model of understanding budget management in the public regulation system. The proposed model reflects the list of budget management components in the public regulation system, their close relationship and coherence, and which are aimed at ensuring the functions performance of public authorities and local self-government bodies.

scholarly journals Kekuatan Mengikat Order Mahkamah Internasional pada Kasus Karl LaGrand

2020 ◽  
Vol 1 (2) ◽  
pp. 60
Author(s):  
Kristanti Liviani ◽  
Wisnu Aryo Dewanto ◽  
Suhariwanto Suhariwanto
Keyword(s):  
United States ◽  
Death Penalty ◽  
The United States ◽  
Conceptual Approach ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
Binding Power ◽  
German Citizen

Abstract—This study discusses the strength of binding orders from the International Court of Justice for countries in dispute. Orders from the International Court of Justice are often violated, because they are considered to have no binding power and no harsh sanctions. The international court has issued an order to stop the execution of the death penalty for Karl LaGrand, a German citizen living in the United States. However, the United States still carried out the execution to Karl LaGrand. This study uses a juridical-normative method which is studied through a statute approach and a conceptual approach to achieve results. The results of the study show that orders from the International Court of Justice have binding power because the order is a decision of the International Court of Justice that must be implemented and obeyed by the disputing country.   Keywords: order, bindingforce, internationalcourt of justice    Abstrak—Penelitian ini membahas tentang kekuatan mengikat order dari Mahkamah Internasional bagi negara yang bersengketa. Order dari Mahkamah Internasional sering kali di langgar,  karena dianggap tidak memiliki kekuatan mengikat dan tidak ada sanksi yang keras. Mahkamah internasioal telah mengeluarkan order untuk menghentikan eksekusi pidana mati bagi Karl LaGrand yang merupakan seorang warga negara Jerman yang tinggal di Amerika Serikat. Namun eksekusi mati tetap dilaksanakan oleh Amerika Serikat kepada Karl LaGrand. Penelitian ini menggunakan metode yuridis-normatif yang dikaji melalui statute approach dan conceptual approach untuk mencapai hasil. Hasil kajian menunjukan bahwa order dari Mahkamah Internasional memiliki kekuatan mengikat karena order merupakan putusan Mahkamah Internasional yang harus dilaksanakan dan dipatuhi oleh negara yang bersengketa.  Kata kunci: order, kekuatan mengikat, mahkamah internasional

scholarly journals EKSISTENSI PERATURAN MAHKAMAH AGUNG NO. 02 TAHUN 2012 TENTANG PENYESUAIAN BATASAN TINDAK PIDANA RINGAN DAN JUMLAH DENDA DALAM KUHP

2017 ◽  
Vol 32 (1) ◽  
Author(s):  
N. Okamahendra
Keyword(s):  
Descriptive Analysis ◽  
Criminal Code ◽  
Penal Code ◽  
Literature Study ◽  
Conceptual Approach ◽  
Binding Power ◽  
Limited Scope ◽  
Laws And Regulations

This research to know and analyze the existence of PERMA No. 02 Year 2012 on Adjustment of Limitation of Criminal Act and Number of Penalties in Criminal Code with limited scope to review and analyze the existence of PERMA No. 02 Year 2012. This research is normative law research. The approach used is the approach of legislation, conceptual approach, philosophy approach, and case approach. Technique of collecting legal material with literature study. After that the processing of legal materials by systematization and then done logical, systematic, and interpretative reasoning with analytical descriptive analysis and draw deductive conclusions. Substantially the provisions in PERMA No. 02 Year 2012 has converted the concept of Criminal Crime especially on the limit of object value of loss of case to Rp. 2.500.000, - (two million five hundred thousand rupiah) and or a fine of up to seven million five hundred thousand rupiah and minor insult. The Articles of the Penal Code converted in the PERMA are 364, 373, 379, 384, 407 paragraph (1) and 482 of the Criminal Code. The position of PERMA in the hierarchy of the Laws and Regulations in Indonesia is as an internal regulation because of its binding power which only covers the environment of an institution so that it has no validity for other agencies and has juridical consequences.

scholarly journals The Rights to Review Policy Rules in the Perspective of Rule of Law

2021 ◽  
Vol 21 (3) ◽  
pp. 321
Author(s):  
Ida Hanifah ◽  
Andryan Andryan
Keyword(s):  
Rule Of Law ◽  
Research Method ◽  
The State ◽  
Policy Rule ◽  
Conceptual Approach ◽  
Policy Rules ◽  
Legal Norms ◽  
The Supreme Court ◽  
The Right ◽  
Laws And Regulations

The State of Indonesia is a country based on law, this is as confirmed in Article 1 paragraph (3) of the 1945 Constitution, the State of Indonesia is a rule of law. Policy rules only function as part of the operational implementation of government tasks. This research used normative juridical research method, namely research in which the study refers to and bases on legal norms and rules. The statutory approach was used to look at the issue of the right to review policy rules. The conceptual approach was used to look at the conception of reviewing policy rules in the concept of rule of law. Policy rules are not a type of laws and regulations, the right to review laws and regulations cannot be applied to policy rules. The review of policy rules is more directed at doelmatigheid and the touchstone is the general principles of proper governance. The Supreme Court cannot review policy rules. Arrangements are needed to realize the protection for the parties who are harmed due to a policy rule, so that it can be in accordance with the concept of rule of law.

Encountering Ambiguity: Muʿtazilī and Twelver Shīʿī Approaches to the Qur'an's Ambiguous Verses

2016 ◽  
Vol 18 (3) ◽  
pp. 91-115 ◽  
Author(s):  
Tehseen Thaver
Keyword(s):  
Eleventh Century ◽  
Arabic Language ◽  
Conceptual Approach ◽  
Islamic Jurisprudence ◽  
Primary Determinant ◽  
Linguistic Challenges ◽  
Qur'anic Exegesis ◽  
Exegetical Tradition ◽  
Qur'an Commentaries ◽  
Early Islamic

Within the broader discipline of Qur'anic exegesis, the sub-genre of the mutashābihāt al-Qurʾān (the ambiguous verses of the Qur'an) is comprised of works dedicated to the identification and explication of those verses that present theological or linguistic challenges. Yet, the approach, style, and objective of the scholars who have written commentaries on the ambiguous verses are far from monolithic. This essay brings into focus the internal diversity of this important exegetical tradition by focusing on the Qur'an commentaries of two major scholars in fourth/eleventh-century Baghdad, al-Sharīf al-Raḍī (d. 406/1016) and Qāḍī ʿAbd al-Jabbār (d. 415/1025). Al-Raḍī was a prominent Twelver Shīʿī theologian and poet while ʿAbd al-Jabbār was a leading Muʿtazilī theologian during this period; al-Raḍī was also ʿAbd al-Jabbār's student and disciple. Through a close reading of their respective commentaries on two Qur'anic verses, I explore possible interconnections and interactions between Shīʿī and Muʿtazilī traditions of exegesis, and demonstrate that while ʿAbd al-Jabbār mobilised the language of Islamic jurisprudence, al-Raḍī primarily relied on early Islamic poetry and the etymology of the Arabic language. Methodologically, I argue against a conceptual approach that valorises sectarian and theological identity as the primary determinant of hermeneutical desires and sensibilities.

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