scholarly journals Analisis Kebutuhan Kebijakan Pemerintah Kabupaten dalam Mengimplementasikan Keputusan Mahkamah Konstitusi No. 35/PUU-X/2012

2018 ◽  
pp. 154
Author(s):  
Andi Massoeang Abdillah ◽  
Yusran Jusuf Jusuf ◽  
M.Asar Said Mahbub

This study aims to : (1)To identify Kajang eligibilities of customary law, based on the law 41 of 1999 (article 67) to be recognized by local authorities as before customaty law determination as indigenous forests.  (2)To identify the obstacles in the process of a  strengthening the community of Kajang customary law in Bulukumba regency.(3)To formulate policy needed in maintaining the existence of indigenous community and forest conservation. This study was conducted in the village of Tana Toa, Subdistrict of Kajang, Bulukumba, South Sulawesi province. Descriptive analysis was used to determine the condition of Kajang customary law, in accordance with the terms used to confirm  customary law communities by the local governments, obstacles in the process of strengthening the customary law community, as well as to describe perceptions of  stakeholders in relation with constitutional courts decisions. Policy analysis was used to form policies needed in maintaining the existence of indigenous communities and forest conservation. The results of the study showed that Kajang customary law qualified and has been confirmed as customary law communities. The form of policies needed were policies that could synergize government and customary law in managing and conserving forests, proportional policies and necessary technical policies that could regulate the management and procurement of forest resources by Kajang customary law community. The perception of stakeholders were varied, but all supporting the indigenous forests to be passed through local legislation. On the other hand the stakeholders expected the government could assist in the process and remain as a driver and controller of customary law communities in the management of forest resources.

Author(s):  
Jamhir Jamhir

This research discusses "The settlement of the Jarimah Ikhtilat case in Gayo according to Islamic law". The formulation of the problem put forward is (1). How is the settlement of Jarimah ikhtilath according to Gayo customary law? (2) How is the settlement of Jarimah ikhtilath in Gayo according to Islamic law? This research is descriptive analysis. Using a qualitative approach, namely research describing the results of objective research on situations encountered in the field and analyzed according to Islamic law. The conclusion of this study shows that the customary legal sanctions given to ikhtilath actors in Gayo are a fine of one complete goat or a fine on the agreement of the village sarak opat. If viewed according to Islamic law, that customary law sanctions do not contradict the concept of Islamic law. Because, in Islam it is stipulated that the perpetrator of ikhtilath is part of the finger of ta'zir, where the imposition of the sentence is fully handed over by the government, both in type and size, starting from the lightest punishment such as giving advice to the perpetrator, fines, lashing or exile up to the highest punishment, namely the perpetrator must be killed. The customary law sanctions regarding the ikhtilath case in Gayo include ta'zir sanctions, which type and size are determined by Sarak Opat, namely in the form of a fine of one goat.


2016 ◽  
Vol 6 (2) ◽  
pp. 111
Author(s):  
Nendah Kurniasari ◽  
Christina Yuliaty ◽  
Rismutia Hayu Deswati

Masyarakat hukum adat masih belum terlihat eksistensinya meskipun pemerintah telah mengeluarkan berbagai perundang-undangan terkait pengakuan terhadap keberadaan masyarakat hukum adat. Tulisan ini bertujuan memberikan penjelasan sejauhmana posisi praktek pengelolaan sumberdaya kelautan dan Perikanan berbasis hukum adat dari perspektif perundang-undangan yang telah dikeluarkan oleh pemerintah. Penelitian dilakukan secara deskriptif kualitatif dan content analysis. Hasil penelitian mengungkapkan bahwa pengakuan tersebut merupakan pengakuan bersyarat, dimana persyaratan seringkali tidak konsisten antar satu perundang-undangan dengan perundang-undangan lainnya. Dari perspektif Undang-Undang No 27 Tahun 2007 jo UU No 1 Tahun 2014, terdapat beberapa ketidakselarasan antara praktek pengelolaan SDKP berbasis hukum adat dengan UU tersebut, diantaranya adalah 1) posisi peran masyarakat yang setara dengan dunia usaha, 2) persyaratan dalam pemberian hak istimewa kepada masyarakat hukum adat dalam mengelola sumberdaya KP tidak terjabar secara jelas, 3) mekanisme legalisasi hukum adat jelas baik dari pengertian masyarakat hukum adat sendiri maupun lembaga yang melakukan legalisasi dan verifikasi, dan 4) belum adanya peraturan perundang-undangan yang mengatur wilayah pemanfaatan dari setiap masyarakat adat. Oleh karenanya perlu ditentukan proporsi keterlibatan pemerintahan daerah, masyarakat dan dunia usaha, perlu menentukan ormas mana yang dapat mejadi wadah aspirasi masyarakat sesuai dengan Permen No 40/2014, perlu penjelasan makna “kepentingan nasional” yang menjadi prasyarat diberikannya hak pengelolaan SDKP kepada masyarakat adat, perlu ditentukan lembaga verifikator masyarakat hukum adat, perlu peraturan daerah yang mengatur batas wilayah pada setiap kesatuan masyarakat hukum adat, dan perlu membuat trace bundle mengenai sejarah dan tata hukum adat.Title: The Position Of Marine And Fisheries Resources Management Practices Based On Adat Law In National Law PerspectiveCustomary law community has not shown its existence, though the government has enacted several legislations concerning the recognition of  the community. This paper aims to provide an explanation regarding the position of marine and fisheries resources management practices based on customary law in national law perspective.  The study used a qualitative descriptive analysis and content analysis.The results showed that the recognition is a conditional one and it is inconsistent among laws. There are several contradictions between practices and Law number 27/2007 juncto Law Number 1/2014. They are 1) posistion of the community role is equivalent to business world, 2) requirements in granting privileges to the customary law community in terms of marine and fisheries resources management are not clearly defined, 3) legalization mechanism of customary law is clearly explained, both customary law community definition and institutions which perform legalization and verification, and 4) the absence of legislation governing the use of the territory of each of indigenous communities. Therefore, it is necessary to determine the proportion of local government, community, and business world involvement. It is also important to determine the community organizations which may be an an inspiration of the community in accordance with Ministerial Regulation Number 40/2014. Besides that, it needs an explanation of the meaning of “national interest” which is a prerequisite to indigenous communities in order to have marine and fisheries resources management rights. Furthermore, it is important to determine the customary law community verifier institutions. Other than that, setting regional regulations governing borders of each customary law community territory is needed. Last, creating a trace bundle concerning history and customary law system is also necessary.  


2020 ◽  
Vol 1 (1) ◽  
pp. 146-173
Author(s):  
Jeane Neltje Saly ◽  
Journal Manager APHA

There are two aims of this paper: first to analyze the responsibility of the government in the commitment to protect the rights of indigenous and tribal peoples in natural resource management activities; secondly, to analyze the implementation of government responsibilities in mining management in relation to the rights of indigenous and tribal peoples in enjoying their rights in the ecosystem, such as the environment. The method used in the research is empirical normative method, namely research that emphasizes the secondary data that is by studying and reviewing the principles of law and positive law principles derived from the existing literature materials in legislation and the provisions especially in relation to the exclusion of indigenous people's rights in the obligation of the state to create a healthy environment for the management of natural resources as a manifestation of human rights protection, and supplemented by empirical data in the form of interviews with related parties in Balaesang Tanjung Donggala District. The results show that natural resource management activities, linked to indigenous and tribal peoples' rights in environmental protection are regulated in various laws, both nationally and internationally. Implementation of government responsibility in mining management is related to the right of customary law community in enjoying the environment has not been optimally done. From the case of Balaesang Tanjung Donggala, it is envisaged that local governments ignore the rights of indigenous and tribal peoples in enjoying a healthy environment.


2019 ◽  
Vol 48 (1) ◽  
pp. 111
Author(s):  
Miranda Risang Ayu Palar ◽  
Lailani Sungkar

Legal means to obtain the recognition of indigenous communities in Indonesia are still scattered in a number of different regulations. Law on Village 2014 also obligates the government to arrange the system to conduct legal acknowledgements for Adat Villages. Tarung Village is a traditional village which situated in West Sumba Regency. The Members are still living in their own customary laws and embracing their local spiritual belief system as a living culture. Until recently, their village haven’t yet enjoyed the formal ackonwledgement they deserve as a united indigenous community nor as Adat Village. A number of mechanisms to obtain the acknowledgment require particular processes of identification and validation. This research is an initial effort to undertake the processes. In addition, it also aims to conduct a defensive legal protection by documenting the customary laws with interview method. The result displays the legal means to gain the existential acknowledgement which had been undertaken by the custodians of The Village and the Local Government. 


2013 ◽  
Vol 5 (1) ◽  
Author(s):  
Akmaruzzaman ◽  
Sumardjo ◽  
Himawan Hariyoga

Natuna regency is a rich area of natural resource products, but still includes underdeveloped areas in Riau Islands Province. Local governments have to make fundamental changes in building the infrastructure aspects, economic, and human resources to eliminate underdevelopment and reduce dependency on central government. The aims of this research are: (1). to evaluate the effectiveness and stakeholders’ perception of the CD program, in terms of participation and partnership; and (2) to formulate a strategy for synergizing the CD Program of Star Energy with the local government’s development program. The analytical methods that are used in this research are descriptive analysis and SWOT analysis. This research was undertaken in Palmatak Sub District and Siantan Sub District of Natuna District of Kepulauan Riau Province, from June until October, 2008. The results indicated that the government stakeholders perceived that the participation of the CD program’s beneficiaries was adequate, and that the partnership between Star Energy and the local government was inadequate. The result of SWOT analysis suggested that Star Energy needs to focus its CD program on sustainable activities, such as economic development and education programs. The strategy for increasing synergy with the local development programs is to intensify communication between the company and the local government through the formation of community development partnership forum.Keywords: Community Development (CD), Effectiveness, Policy Strategy


2021 ◽  
Vol 921 (1) ◽  
pp. 012001
Author(s):  
Andriana ◽  
Sudarno ◽  
A N Utami ◽  
A B Susanto ◽  
Kurniaty

Abstract accountability are characteristics of Good Governance. Accountability are very important in managing an entity, especially for entities that carry out the mandate of the people and manage public funds such as BUMDes. BUMDes that have the mandate of capital, have large roles and duties, BUMDes must be able to account for and report the results of their financial management as a form of accountability to the government and society. This study aims to determine how the financial management of BUMDes To analyze the level of accountability of BUMDes Mekar Lestari’s financial management in 2019. This type of research is a qualitative research using descriptive analysis. The data collection methods used were interview and documentation techniques. The results showed that: The financial management of BUMDes Mekar Lestari consists of planning, implementation, administration, reporting and accountability and supervision stages. Some indicators for the financial management accountability of BUMDes Mekar Lestari in 2019 have also not been fulfilled as regulated in the Banyuwangi Regency Regional Regulation No. 13 of 2015 and Banyuwangi Governor Regulation No. 17 of 2019


Author(s):  
Halimah Abdul Manaf ◽  
Rozita Abdul Mutalib ◽  
Ahmad Martadha Mohamed ◽  
Zaheruddin Othman ◽  
Solahuddin Ismail ◽  
...  

The quality of government service delivery has been questioned lately. Issues regarding bureaucratic red tape, inefficiency, delay, unresponsive, lack of empathy, and arrogance are some of the complaints received by the Public Complaint Bureau. Based upon this background, this paper attempts to examine the quality of service delivery in some selected local governments in Perak. The study utilizes a quantitative approach in which questionnaire surveys were distributed to local government staff and clients. A total of 500 customers and 150 staff participated in the survey. Using descriptive analysis, the findings demonstrate that the overall quality service delivery is satisfactory. Both citizens and staff feel that the local government involved in the study are able to deliver their services based on the needs of the clients. However, respondents also raise some serious concerns regarding certain issues such as lack of facilities (park and cleanliness ofpublic toilet), improper maintenance (drainage are clogged, recreational facilities are not maintained), and the availability of facilities and program for disable (OKU) group. The study postulates that the different level of satisfaction among the five selected local governments is due to the demographic characteristics of the government. To be specific, the more urban the government, the more it can generate the revenues, thus giving it more flexibility to provide quality service delivery to the customers. On the other hand, with adequate staff training and greater citizen empowerment, local government can always strive to ensure that services delivered are always effective and efficient.


2021 ◽  
Vol 56 (3) ◽  
pp. 83-95
Author(s):  
Ni Wayan Widhiasthini ◽  
Ni Putu Bayu Widhi Antari ◽  
Nyoman Sri Subawa ◽  
Ni Nyoman Sri Wisudawati ◽  
Ida Nyoman Basmantra

Due to the new governance paradigm, the government involves civil society and private and public sectors instead of being a single actor in its activities. This paradigm represents a collaborative governance practice with the New Public Management principles. The government optimizes the village funds through a cash-for-work scheme that implements village development by allocating 30% wages. The purpose of this study is to examine the government's efforts to reduce cash payments and workforce in various activities. The research problem is focused on the impact of collaborative governance implementation in cash-for-work schemes in Jembrana Regency, Bali Province. Furthermore, the collaborative governance principles are examined as a state administration's new paradigm. Jembrana Regency was selected as the research location because it highly utilizes the village funds with a cash-for-work scheme than other regencies in Bali Province. This study used descriptive analysis and determined informants purposively. The results show that collaborative governance has a socio-economic impact on cash-for-work schemes, reducing the urban bias and related practices. Moreover, these results indicate counter-disruption in cash-for-work schemes, which do not apply to non-cash payments, digitization, and workforce reduction. The limitations of this study lie in the locus coverage and research focus.


2020 ◽  
Author(s):  
Renadia

Abstract. Community empowerment is one of the efforts undertaken by the community and the government in order to improve the standard of living by enhancing the potential and independence of the community, therefore, the local government is now intensively conducting community empowerment, for example the Purworejo district government. The purpose of this research is to analyze the factors that influence the success of Purworejo District Government's community empowerment program through the digital market. This study uses descriptive qualitative methods that can explain the process of community empowerment through digital market destinations. Data in this study were collected using observation techniques and literature study. Based on descriptive analysis, community involvement and participation in community empowerment programs through the digital market in Purworejo Regency must still be increased and strengthened to be able to achieve sustainability during the empowerment process. The conclusion from the results of this study is the SWOT Analysis (Strengths, Weaknesses, Oppurtunities, Threats) can be used as a consideration by local governments in developing community empowerment through digital markets.


2021 ◽  
Vol 921 (1) ◽  
pp. 012003
Author(s):  
N Zaman ◽  
D Rukmana ◽  
I M Fahmid ◽  
M H Jamil

Abstract Social, economic and ecological development in rural areas is currently the main concern of the Indonesian Government at the national level. This study aims to determine the extent to which village funds are used by the government and village communities for the development of the agricultural sector and the application of the development paradigm in the agricultural sector. The population in this study were all villages in South Sulawesi that received Village Fund assistance from 2015 to 2019. Sampling was based on village classifications according to the Developing Village Index (IDM). Based on the results of the analysis method, it shows that the Village Fund can only be used to fund two of the four activity sectors that can be financed from the Village Fund in the agricultural sector, namely the development sector and the rural empowerment sector. Public. Whereas the application of the development paradigm in each village is based on the village classification using the Village Fund in the agricultural sector, namely: 1) The village is very backward adopting the Post-Structuralist paradigm. 2) under developed villages adopt the Post-Structuralist paradigm. 3) Building the village by adopting the Liberal paradigm. 4) developed villages adopt a liberal a paradigm. 5) independent villages adopt a liberal paradigm.


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