scholarly journals SENGKETA USAHA PERTAMBANGAN DI WILAYAH HUTAN ELANG DODO KABUPATEN SUMBAWA

Author(s):  
IWAN HARIANTO

West Nusa Tenggara, one of the regions rich in minerals mining. One of the mining companies doing business in the region is PT. Newmont. In 2003 the company was exploring the forest areas Elang Dodo Sumbawa. The presence of PT. Newmont in the region are not well received by the villagers of Lebangkar, resulting in rejection of the action in 2004 by way of demonstration and boycott the company's activities. Of the incident raises some issues: (1) who is the subject and what the object of the dispute? (2) how the process and the factors that cause disputes? (3) how the settlement of the dispute? The research method used in this research is an empirical law is derived from the analytical descriptik field data and data library. Processing and data analysis conducted qualitatively. Discussion until the conclusion in this paper can be described as follows: (1) subject to the dispute that is the village of Lebangkar with PT. Newmont and the Government of Sumbawa. The subject of dispute in the form of contract work necking VI results in 2005 with an area of ??87,500 ha. (2) The process of dispute which originated from exploration PT. Newmont in the woods Elang Dodo conducted in 2003. This exploration spawned several factors contributing to the dispute; violation of customs, reduced sources of income, lack of socialization, and control of natural resources. (3) dispute settlement efforts, through litigation and non-litigation. Settlement was not effective due; substance law, legal culture and legal structure.

Author(s):  
Nicolay T. Labyntsev ◽  
Lyubov F. SHILOVA ◽  
Ocsana V. Chukhrova

This article revises the mission and the name of the accounting profession in the context of strengthening the economic security of enterprises under the conditions of digitalization of the economy. The authors note that in the contemporary conditions of economic management, enterprises should form and ensure the functioning of the economic security of the enterprise at the proper level. The necessity of in-depth research of economic security at microlevel was considered, the factors influencing the stability of the enterprise were highlighted. High level of economic security of the subject of management consists in guaranteeing him maximum effective and stable functioning now and in future. Subjects of economic security were individual enterprises, and objects — their economic interests. The main goals of ensuring economic security of the enterprise in the part of accounting were singled out, the tasks of accounting policy, aimed at ensuring economic security, were determined. The prospects of the accounting profession in the process of ensuring economic security and reliable safe presentation of the results of doing business in reporting are substantiated. The study contains proposals on the revision of requirements for the qualifications of accountants in order to emphasize their activities aimed at strengthening the economic security of the enterprise.


Author(s):  
Riska Fauziah Hayati ◽  
Busyro Busyro ◽  
Bustamar Bustamar

<p dir="ltr"><span>The main problem in this paper is how the effectiveness of mediation in sharia economic dispute resolution based on PERMA No. 1 of 2016 at the Bukittinggi Religious Court, and what are the inhibiting factors success of mediation. To answer this question, the author uses an inductive and deductive analysis framework regarding the law effectiveness theory of Lawrence M. Friedman. This paper finds that mediation in sharia economic dispute resolution at the Bukittinggi Religious Court from 2016 to 2019 has not been effective. The ineffectiveness is caused by several factors that influence it: First, in terms of legal substance, PERMA No.1 of 2016 concerning Mediation Procedures in Courts still lacks in addressing the problems of the growing community. Second, in terms of legal structure, there are no judges who have mediator certificates. Third, the legal facilities and infrastructure at the Bukittinggi Religious Court have supported mediation. Fourth, in terms of legal culture, there are still many people who are not aware of the law and do not understand mediation well, so they consider mediation to be unimportant.</span> </p><p><em>Tulisan ini mengkaji tentang bagaimana efektivitas mediasi dalam penyelesaian sengketa ekonomi syariah berdasarkan PERMA Nomor 1 Tahun 2016 di Pengadilan Agama Bukittinggi dan apa saja yang menjadi faktor penghambat keberhasilan mediasi. Untuk menjawab pertanyaan tersebut, penulis menggunakan kerangka analisa induktif dan deduktif dengan mengacu pada teori efektivitas hukum Lawrence M. Friedman. </em><em>Tulisan ini menemukan bahwa m</em><em>ediasi dalam p</em><em>enyelesaian sengketa ekonomi syariah di Pengadilan Agama Bukittinggi </em><em>dari tahun 2016 sampai 2019 </em><em>belum efektif</em><em>. Hal ini karena dipengaruhi oleh beberapa faktor. </em><em> </em><em>Pertama, dari segi substansi hukum, yaitu PERMA No. 1 Tahun 2016 tentang Prosedur Mediasi di Pengadilan masih memiliki kekurangan dalam menjawab persoalan masyarakat yang terus berkembang. Kedua, dari segi struktur hukum, belum adanya hakim yang memiliki sertifikat mediator. Ketiga, sarana dan prasarana hukum di Pengadilan Agama Bukittinggi sudah mendukung mediasi. Keempat, dari segi budaya hukum, masih banyaknya masyarakat yang tidak sadar hukum dan tidak mengerti persoalan mediasi dengan baik, sehingga menganggap mediasi tidak penting.</em><em></em></p>


Author(s):  
I MADE BADRA

In order to create order and legal certainty to the type and quality of local artsto tourism, the Government of Bali Province issued the Regional Decision of TheGovernor of The Head of Bali Number 394 of 1997 on Regulating Regional Arts onThe Province of Bali. Implementation of the Regional Decision of The Governor ofThe Head of Bali Number 394 of 1997 on Regulating Regional Arts on The Provinceof Bali of the terms, procedures and sanctions do not work effectively. These arecaused because of legal substance, legal structure, legal culture and the means andfacilities. To optimize the decision made by the Governor of the preventive andrepressive efforts. To streamline the implementation of the Regional Decision of TheGovernor of The Head of Bali Number 394 of 1997 will require a synergy betweenthe Department of Culture, sekaa / arts organizations and the service users. RegionalDecision of The Governor of The Head of Bali Number 394 of 1997 should have tobe amended because it does not fit with the times. Bali Provincial Cultural Officeshould be more proactive in doing preventive and repressive efforts in upholding theRegional Decision of The Governor of The Head of Bali Number 394 of 1997.


2020 ◽  
Vol 2 (2) ◽  
pp. 331-356
Author(s):  
Lilit Biati ◽  
Ridwan ◽  
Arif Hariyanto

the use of plastics can provide convenience and practicality, plastic also has a particularly bad impact on the environment. Plastics contain artificial inorganic materials which are composed of chemicals that are dangerous enough for the environment. This waste of plastic is very difficult to decompose naturally. To decompose plastic waste itself, it takes approximately 80 years to completely degrade. Currently the government is increasingly active in providing awareness to the public to reduce the use of plastics in life, then providing teaching on how to treat plastic waste into goods that are beneficial to life. Participatory action research has three word elements, all of which have a connection between Participation, Action and Research. In the process of carrying out social change for the better, it must involve all levels of society who are the object or target as well as the subject where the social change must be carried out. utilization of organic waste which can be used as various kinds of valuable creativity and has a selling price that can improve the community's economy, and also make the environment clean and healthy. Making society in a harmonious and peaceful environment. There won't be any problems. The village will be safe and secure.


2020 ◽  
Vol 5 (2) ◽  
pp. 200-214
Author(s):  
Nabitatus Sa'adah

One of the people’s needs in terms of effort to manifest the purpose of the state which is to establish national well-being is by providing social security. Social security is a form of social protection to meet citizens' basic needs. Associated with the implementation of national social security, the government obligates its citizens to participate in the program. However, the fact was there are still many citizens which are reluctantly participating in the program. It is leading to funding collection to be not optimal and affecting the implementation of social security. The research is adopting normative approach, which is stressed on the secondary data. The research specification is an analytic description with qualitative analysis. The national social security is a compulsory program for all of the Indonesian citizens particularly for the independent level, however, not all have joined it particularly self-referred participants. Several aspects causing this problematic program, such as the lack of people's awareness. The lack of people discipline toward the payment, ineffective sanctions and lack of service, are proved with the abundant number of payment arrears by independent participants. The reconstruction of optimization of National Social Security Program is managed with the improvement of legal substance, legal structure and legal culture.


Author(s):  
Bhaskar Chakrabarti ◽  
Raghabendra Chattopadhyay ◽  
Suman Nath

In India, the 73rd constitutional amendment of 1992 decentralises agriculture, irrigation, health, education along with 23 other items to the Panchayats, the village level self-government body. It is envisaged that the three-tier Panchayat system at the District, Block and the Village level would coordinate with different ‘line departments’ of the government for planning various schemes and their implementation. In West Bengal, a state in eastern India, where the Panchayats were revitalised before the constitutional amendment, the initial years were marked by strong coordination between the Panchayats and other departments, especially land and agriculture, making West Bengal a ‘model’ case for the Panchayats. However, where service delivery through the Panchayats has been criticised in recent years, the disjuncture between Panchayats and the line departments is a cause for alarm. In this paper, we search for the causes behind the low level of coordination between government departments and the Panchayat at each tier. We analyse the complex process of organisational coordination that characterises decentralisation, and show how decision making in local governments is nested within various levels of hierarchy. The study focuses on the formal structures of coordination and control with regard to decision-making between the Panchayats and the line departments. We show how these processes work out in practice. These involve lack of role definition, problems of accountability, and politics over access to resources and relations of power within, as well as outside, the Panchayat.


2021 ◽  
Vol 3 (1) ◽  
pp. 47-55
Author(s):  
Syarifuddin Syarifuddin ◽  
Ruslan Renggong ◽  
Baso Madiong

Tujuan penelitian ini adalah untuk mengetahui dan menganalisis penegakan hukum terhadap penyalahgunaan dana desa oleh kepala desa di wilayah Polres Wajo dan untuk mengetahui dan menganalisis faktor-faktor yang mempengaruhi efektivitas penegakan hukum terhadap penyalahgunaan dana desa oleh kepala desa di wilayah Polres Wajo. Tipe penelitian ini adalah penelitian deskriptif dengan pendekatan yuridis-empiris Penelitian ini dilaksanakan di Kabupaten Wajo yaitu tepatnya di Polres Wajo. Populasi dalam penelitian ini, antara lain: seluruh warga desa di Wilayah Polres Wajo. Sampel dalam penelitian ini ditentukan sebanyak 50 orang responden dengan menggunakan teknik purposive sampling Jenis data yang diperlukan dalam penelitian ini adalah data primer dan data sekunder. Metode pengumpulan data yang digunakan adalah melalui wawancara, dokumentasi dan kuesioner (angket). Analisis data menggunakan metode analisis kualitatif dan kuantitatif. Hasil Penelitian menunjukkan bahwa; Penegakan hukum terhadap penyalahgunaan dana desa oleh kepala desa di Wilayah Polres Wajo sudah dilaksanakan sesuai peraturan perundang-undangan yang berlaku. Sementara faktor substansi hukum, struktur hukum, sarana dan prasarana, budaya hukum, kesadaran hukum, dan biaya operasional berpengaruh terhadap efektifitas penegakan hukum penyalahgunaan dana desa oleh kepala desa di wilayah Polres Wajo, antara lain: substansi hukum, struktur hukum, sarana dan prasarana, budaya hukum, kesadaran hukum, dan biaya operasional. The purpose of this study was to determine and analyze law enforcement on misuse of village funds by the village heads in Wajo Police area and to identify and analyze the factors that influence the effectiveness of law enforcement on misuse of village funds by the village heads in the Wajo Police area. This type of research is a descriptive study with a juridical-empirical approach. This research was conducted in Wajo Regency, which is precisely at Wajo Police Station. The population in this study included: all villagers in the Wajo Police Area. The samples in this study were 50 respondents determined by using purposive sampling techniques. The type of data needed in this study are primary data and secondary data. Data collection methods used were through interviews, documentation and questionnaires. Data analysis used was qualitative and quantitative analysis methods. Research shows that; Law enforcement against the misuse of village funds by the village heads in the Wajo Police Area has been carried out in accordance with applicable laws and regulations. Meanwhile the factors of legal substance, legal structure, facilities and infrastructure, legal culture, legal awareness, and operational costs affect the effectiveness of law enforcement of village fund misuse by the village heads in the Wajo Police Area, such as: legal substance, legal structure, facilities and infrastructure, legal culture, legal awareness, and operational costs.


Author(s):  
Marina Alekseevna Yakovleva

The article analyzes the current system of currency regulation and control and reveals the structure of subjects of currency regulation and control. There have been proposed the changes necessary for adaptation to the conditions of the digital economy. There has been presented the scheme of the unified system of currency regulation and control, and defined its main elements. The retrospective illustrates the process of reforming currency control agencies and agents on the eve of Russia's transition to the digital economy. There have been revealed both current legal norms that determine the structure and functionality of subjects of currency regulation and control and bills related to the subject under study. The current state development program “Digital Economy of the Russian Federation” for 2017–2025 acting in the Russian Federation is found not to contain the procedure for state regulation of foreign exchange transactions in the digital economy and not to disclose the functionality of the regulatory authorities in the context of digitalization. The analysis of the work of Russian researchers, supplementing the theory and methodology of currency relations has been carried out. Currency regulation and control are studied from the perspective of the activities of the state bodies of the government, by means of administrative, legislative and organizational measures aimed at maintaining a stable external balance and sustainable economic growth. The concept and the nature of a smart contract is considered in detail, the principal differences (according to the criteria of the form, subject, settlements and fulfillment of other obligations of the transaction) of the smart contract from the foreign trade agreement in electronic form are given. There has been proposed the author’s vision of the future development of the subject structure of currency control and made an attempt to determine the direction of further reform


2019 ◽  
Vol 3 (1) ◽  
pp. 69
Author(s):  
Sudirman Sudirman

<p>The research problem of this study is implementation of the Cabotage Principle in Indonesia in accordance with Law Number 17 of 2008 concerning Shipping has implications for Indonesia's positive law. The implementation of the Cabotage Principle is an integral part of the Archipelago Insight and is the basis for realizing Good Governance as the World Maritime Axis and will have positive implications if the Cabotage Principle is based on the Good Governance principles as the World Maritime Axis. The ideal implementation of the Cabotage Principle for the interests of Indonesia as the World Maritime Axis is determined by the synergy of three element of the legal system, namely the legal structure (structure of law), legal substance (substance of the law) and legal culture (legal culture). So that the Cabotage Principle as a Grundnorm can function properly, namely as social control, dispute settlement, and a tool of social engineering</p>


Yustitia ◽  
2019 ◽  
Vol 5 (1) ◽  
pp. 90-107
Author(s):  
Sugianto Sugianto

“Nawacita” and Constitutional Law needs to be a legal approach to make improvements to the legal system, in order to encourage enforcement of the law with justice, then at least have to involve three pillars consisting of: (1) the substantive law (legal substance), which include legislative reform; (2) legal structure (law structure), including human resources law-enforcement officers (human resource), entered in it anyway coordination among law enforcement officers; and (3) the legal culture (legal culture), both culture and public law enforcement officers or citizens in general. Then, constitutional law and can be answered correctly, can be practiced within their Constitutional Act and may be unenforceable government in running the government. The key factor to keep in mind, eliminating egosektoral government agencies. Do not stop until the Act, a similar effort was also made to the laws which are in the executive area, such as government regulations, a presidential decree and ministerial regulation


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