scholarly journals “IMPLIKASI HUKUM PENGANGKATAN TENAGA HONORER MENJADI CALON PEGAWAI NEGERI SIPIL”

2020 ◽  
Vol 9 (2) ◽  
pp. 114
Author(s):  
Satriya Nugraha
Keyword(s):  
Public Policy ◽  
Government Regulation ◽  
Analytical Study ◽  
Legal Aspects ◽  
Employment Law ◽  
Government Regulations ◽  
Positive Law ◽  
Legal Implications ◽  
Form Of Government ◽  
The Government

In the Employment Law is not found that the Government may appoint civil servants Candidate (employess) derived from Honorary Workers but then with Government Regulation No. 48 Year 2005 About Appointment of Honorary Workers Being employess has set a policy that the Government may appoint honorary be employess and then amended by Government Regulation No. 43 of 2007 On Amendment of Government Regulation No. 48 Year 2005 concerning the appointment of Honorary Workers Being employess. This study aims to assess the presence of Honorary Workers in the perspective of Employment Law and Legal Implications Power Honorary appointment into employess. This type of research is normative and descriptive analytical study the rules or norms of positive law, relating to the Government's policy to raise the Honorary Workers be employess. The results of this study found that the appointment of Honorary Workers become employess more viscous aspects of public policy rather than juridical aspects. But public policy is then given a legal basis in the form of Government Regulation. Legal implications of the appointment of Honorary be employess conflict between Employment Law with Government Regulations governing, so that under the principles of law should be a higher Regulations beat / disregard the underlying Regulation and this may mean that the implications of the appointment of Honorary Workers into the civil servant is not valid in terms of Legal Aspects

“IMPLIKASI HUKUM PENGANGKATAN TENAGA HONORER MENJADI CALON PEGAWAI NEGERI SIPIL”

2017 ◽  
Vol 9 (2) ◽  
pp. 114
Author(s):  
Satriya Nugraha
Keyword(s):  
Public Policy ◽  
Government Regulation ◽  
Analytical Study ◽  
Legal Aspects ◽  
Employment Law ◽  
Government Regulations ◽  
Positive Law ◽  
Legal Implications ◽  
Form Of Government ◽  
The Government

        In the Employment Law is not found that the Government may appoint civil servants Candidate (employess) derived from Honorary Workers but then with Government Regulation No. 48 Year 2005 About Appointment of Honorary Workers Being employess has set a policy that the Government may appoint honorary be employess and then amended by Government Regulation No. 43 of 2007 On Amendment of Government Regulation No. 48 Year 2005 concerning the appointment of Honorary Workers Being employess. This study aims to assess the presence of Honorary Workers in the perspective of Employment Law and Legal Implications Power Honorary appointment into employess. This type of research is normative and descriptive analytical study the rules or norms of positive law, relating to the Government's policy to raise the Honorary Workers be employess. The results of this study found that the appointment of Honorary Workers become employess more viscous aspects of public policy rather than juridical aspects. But public policy is then given a legal basis in the form of Government Regulation. Legal implications of the appointment of Honorary be employess conflict between Employment Law with Government Regulations governing, so that under the principles of law should be a higher Regulations beat / disregard the underlying Regulation and this may mean that the implications of the appointment of Honorary Workers into the civil servant is not valid in terms of Legal Aspects

scholarly journals PROBLEMATIKA YURIDIS BELUM DITERBITKANNYA PERATURAN PEMERINTAH UU NOMOR 20 TAHUN 2011 TENTANG RUMAH SUSUN

2019 ◽  
Vol 3 (2) ◽  
pp. 251
Author(s):  
Christie D.F Gumansing
Keyword(s):  
Government Regulation ◽  
The Political ◽  
Business Law ◽  
Legal Research ◽  
Residential Land ◽  
Government Regulations ◽  
Legal Problems ◽  
Legal Implications ◽  
The Republic ◽  
The Government

Kebutuhan hukum bisnis dalam hal teknis pembangunan rumah susun semakin meningkat, pembangunan rumah susun yang pada dasarnya diperuntukkan bagi wilayah yang padat penduduk untuk mengakomodir berkurangnnya lahan pemukiman. Tidak adanya penjelasan secara teknis di dalam Undang-Undang Nomor 20 Tahun 2011 tentang Rumah Susun sehingga mengakibatkan adanya permasalahan hukum yaitu kekosongan norma. Metode yang digunakan dalam penelitian ini yaitu penelitian hukum yuridis normatif dengan menggunakan sumber bahan hukum primer, sekunder dan tertier. Adapun hasil dalam penelitian ini yaitu: politik perundang-undangan merupakan sebagian dari politik hukum. Politik perundang-undangan berkenaan dengan pembangunan materi hukum, Negara Republik Indonesia telah meletakkan dasar politk hukum agrarian nasional sebagaimana yang dimuat dalam ketentuan Pasal 33 ayat (3) Undang-Undang Dasar Negara Republik Indonesia. Adapun implikasi hukum akibat belum diterbitkannya Peraturan Pemerintah Undang-Undang Nomor 20 Tahun 2011 dalah dilema yang dialami oleh para steakholder agar diterbitkan Peraturan Pemerintah sehingga tidak menghambat diterbitkannya peraturan pelaksana selanjtnya dalam pendirian rumah susun.Kata kunci: rumah susun, peraturan pemerintah, steakholder. The need for business law in terms of technical development of flats is increasing, the construction of flats is basically intended for densely populated areas to accommodate the reduction of residential land. There is no technical explanation in Law Number 20 of 2011 concerning Flats, resulting in legal problems, namely the vacuum of norms. The method used in this study is normative juridical legal research using sources of primary, secondary and tertiary legal materials. The results in this study are: the politics of legislation is part of legal politics. The politics of legislation regarding the development of legal material, the State of the Republic of Indonesia has laid the political basis of national agrarian law as contained in the provisions of Article 33 paragraph (3) of the Constitution of the Republic of Indonesia. The legal implications of the issuance of Government Regulation No. 20 of 2011 are the dilemmas experienced by steakholders so that the Government Regulation is issued so that it does not hinder the issuance of the next implementing regulation in the establishment of flats. Keywords: flats, government regulations, steakholders

Pelaksanaan Peraturan Pemerintah No. 9 Tahun 1975 dalam Perspektif Sosiologi dan Antropologi Hukum Islam

2018 ◽  
Vol 1 (2) ◽  
Author(s):  
Muchimah MH
Keyword(s):  
Social Environment ◽  
Government Regulation ◽  
Islamic Law ◽  
Marriage Law ◽  
Anthropological Perspective ◽  
Government Regulations ◽  
The Social ◽  
The Government

Government Regulation No. 9 of 1975 related to the implementation of marriage was made to support and maximize the implementation of Law No. 1 of 1974 which had not yet proceeded properly. This paper examines Government Regulations related to the implementation of marriage from the perspective of sociology and anthropology of Islamic law. Although the rules already exist, some people still carry out marriages without being registered. This is anthropologically the same as releasing the protection provided by the government to its people for the sake of a rule. In the sociology of Islamic law, protection is a benchmark for the assessment of society in the social environment. Therefore the purpose of this paper is to find out how the implementation of marriage according to PP. No. 9 of 1975 concerning the Marriage Law in the socio-anthropological perspective of Islamic Law.

Suturing the Open Veins of Ecuador: Debt, Default and Democracy

2009 ◽  
Vol 2 (1) ◽  
Author(s):  
Wade Mansell ◽  
Karen Openshaw
Keyword(s):  
Economic History ◽  
Sovereign Debt ◽  
Legal Aspects ◽  
Debt Burden ◽  
Legal Implications ◽  
Audit Commission ◽  
Obvious Benefit ◽  
The Government ◽  
Large Discount ◽  
Interest Payments

In 2008 the Ecuadorian government received a report on the legitimacy of the country's sovereign debt from an international audit commission appointed by Ecuador's current president, Rafael Correa. This concluded that much of the debt was tainted by illegality and illegitimacy and consequently did not merit repayment. Citing the report's findings as justification, the government stopped making interest payments on certain of the country's bonds, but, rather than repudiating them altogether, engineered a successful buyback at a large discount. Having thus reduced Ecuador's external commercial debt burden by about a third, the government is now planning to address multilateral and bilateral loans also adjudged unlawful by the commission.This article examines the robust approach adopted by the Correa administration to tackling Ecuador's public debts, placing it in the context of the country's troubled economic history and contrasting it with previous defaults and debt workouts which largely worked to Ecuador's disadvantage. In doing so, it considers the use which the government has made of the increasingly prominent concepts of odious and illegitimate debt as a means of combating the indebtedness of the South. The conclusion reached is that, regardless of the final position suggested by international law, the realities of international relations are likely to limit the practicality of legal remedies. Nevertheless, the case of Ecuador provides a new chapter in the continuing academic debate regarding unlawful debt.These, of course, are the legal aspects of Ecuador's endeavours to curtail expenditure desperately needed for other purposes. Underlying the legal implications is the reality of an impoverished nation called upon to continue to service or redeem 'debt' that brought no obvious benefit to the overwhelming majority of its people. Debt repayment has promoted impoverishment and also, if indirectly, facilitated devastating environmental degradation.

scholarly journals Rechtsvacuum Phenomenon in Government Regulation of the Republic of Indonesia Number 51 of 2020 related to Passport Renewal Period to 10 Years

2019 ◽  
Vol 1 (1) ◽  
pp. 51-58
Author(s):  
Fachrizza Sidi Pratama
Keyword(s):  
State Government ◽  
Government Regulation ◽  
The State ◽  
Government Regulations ◽  
The Republic ◽  
The Government ◽  
Renewal Period ◽  
Law Regulation ◽  
Laws And Regulations

Legislation is one of the legal products issued by the state government component. In this case, the laws and regulations include the Constitution of the Republic of Indonesia year 1945, the Decree of the People's Consultative Assembly, The Law / Regulation of the Government In lieu of Laws, Government Regulations, Presidential Regulations, and Local Regulations. As for its application, the rules have levels in the arrangement, where there are sections that explain macro and its derivatives that are narrowing down to the implementing regulations. The levels of the rules must be complete because each of them has its own function.  Meanwhile, in this journal, there will be a discussion on the phenomenon of legal vacancies in the case study of Government Regulation of the Republic of Indonesia Number 51 of 2020 related to the Period of Extending Passports to 10 Years, where in the issuance of government regulations have not been included implementing regulations that will regulate how the implementation of government regulations in the field.  

scholarly journals IPTEKS PELAPORAN PERSEDIAAN PADA PUPRD SULUT

2018 ◽  
Vol 2 (02) ◽  
Author(s):  
Reyfando Bilgery Mangarey ◽  
Gabriela Nikita Mose ◽  
Lintje Kalangi
Keyword(s):  
Spatial Planning ◽  
Government Regulation ◽  
Public Works ◽  
Analysis Method ◽  
Accounting Standard ◽  
Government Regulations ◽  
The Public ◽  
Government Accounting ◽  
North Sulawesi ◽  
The Government

Government Regulation No. 71 of 2010 concerning Government Accounting Standards in recording inventory can realize the performance performed by government agencies, especially in the presentation of inventory reporting. The purpose of this study was to determine the government accounting standard policies in reporting inventory at the Office of Public Works and Regional Spatial Planning of North Sulawesi Province according to Government Regulation Nomber. 71 of 2010 based on PSAP 05 concerning Inventory Accounting and the method used in this research is the service inventory reporting analysis method Public Works and Regional Spatial Planning of North Sulawesi Province with the technique of science and technology collecting inventory data and conducting analysis. The results of this study indicate that inventory reports at the Public Works Agency and Regional Spatial Planning of North Sulawesi Province are stated to be in accordance with government accounting standards.Keywords: Policies, government regulations, Inventory Reporting

scholarly journals Problematik Kepastian Hukum Darurat Kesehatan Masyarakat Pada Masa Pandemi COVID-19

2021 ◽  
Vol 3 (1) ◽  
pp. 197
Author(s):  
Hananto Widodo ◽  
Fradhana Putra Disantara
Keyword(s):  
Public Health ◽  
Government Regulation ◽  
Conceptual Approach ◽  
Public Health Emergencies ◽  
Legal Implications ◽  
Concept Of Health ◽  
Presidential Decree ◽  
The Status ◽  
The Government

This research is normative research. The purpose of this research is to examine the emergency constitutional law related to the concept of health emergencies as referred to in Law No. 6 of 2018 concerning Health Quarantine; and provide comprehensive analysis and formulation related to future emergency law arrangements. The research method used in this research is a statute approach and a conceptual approach; by using primary and secondary legal materials. The results of this study are the legal implications related to the determination of the health emergency status based on Presidential Decree No. 11 of 2020 has created legal uncertainty, because the government has actually issued Government Regulation No. 21 of 2020 first; is not a Government Regulation on procedures for determining and revoking the status of determining health emergencies. On the other hand, the determination of public health emergencies is not synergistic with its implementation. Furthermore, an ideal arrangement is needed in the future related to public health emergencies in order to achieve legal certainty in public health emergencies. For this reason, a harmonization of the state of danger law is needed or the establishment of a danger state law such as the omnibus bill

scholarly journals Foreign investment in Indonesia The Legal Aspects under the New Indonesian Investment Law

2017 ◽  
Vol 8 (2) ◽  
pp. 01
Author(s):  
Petra Bunawan
Keyword(s):  
Economic Growth ◽  
International Law ◽  
Capital Investment ◽  
Government Regulation ◽  
Legal Aspects ◽  
Economic Stability ◽  
The People ◽  
Investment Law ◽  
The Law ◽  
The Government

Indonesia plays an important role in the ASEAN region as well as in the global community, therefore investment policy become one of the major concern to government. To meet and accomodate the business enviroment both domestic and overseas that need capital investment, thus to develop the economic growth and build a suistainable economic stability in the region as well as for the people of Indonesia, it is  neccessary to stipulate the inevestment law that provide all the need . Therefore the government has replaced the old law with the new  Investment Law, the law No 25 of 2007.  The Law provides the basic principle of legal certainty, non discrimination and  same treatment for investors both domestic and overseas. The principles of opennes, accountability, togetherness and the concept of repatriation support the friendly investment atmosphere in Indonesia. As well as the supportive fasilities and easy procedure for investors to invest and build business in Indonesia. One of important issues regarding to Investment law is to increase the direct investment, instead of indirect investment that its contribution has a difference impact to the real sectors and economic growth.The question is the law and supportive law accomodatively provides the need of investment enviroment, knowing the economic growth has been influenced by the era of globalization and in fact Indonesia has signed and ratified international agreement as well. This writing will give a slighty persfective according to Indonesian Investment law and other supportive law, both national and international . Keywords: Law, Investment, Government Regulation, Principles, international law

scholarly journals Criminal Act of Sexual Gratification: Fiqh Jināyah and Positive Law Perspective

Al-Ahkam ◽  
2018 ◽  
Vol 18 (1) ◽  
pp. 97
Author(s):  
Nadea Lathifah Nugraheni
Keyword(s):  
Islamic Law ◽  
Government Regulations ◽  
Sexual Gratification ◽  
Public Facilities ◽  
Positive Law ◽  
Case Comparison ◽  
The Law ◽  
The Government ◽  
Role Of The Government

<p>This paper describes the concept of sexual gratification based on positive legal views in Indonesia and <em>fiqh jināyah</em>. This type of qualitative research with the method of collecting library data is also normative in looking at and approaching cases of sexual gratification. This study uses several approaches, including case, comparison, and conceptual approaches. The government has regulated the Law Number. 31 of 1999 which has been updated by Law Number. 20 of 2001 on combating corruption. Moreover, it is stated in Article 12 B that explains matters including gratuities, such as money, goods, commissions, checks, travel tickets and other public facilities. Basically, the sanction of sexual gratification has fulfilled government regulations but has not yet been applied. Thus, it is necessary to reform the law of sexual gratification in Indonesia. The theory of Mukhtalath in Islamic law can be an alternative solution to cases of sexual gratification. The synchronicity of the role of the government and the clear rules and regulations relating to cases of sexual gratuity are urgently needed to achieve justice and legal validity.</p><p class="IABSSS" align="center">[]</p><p>Tulisan ini mendeskripsikan konsep gratifikasi seksual berdasarkan pandangan hukum positif di Indonesia dan <em>fiqh jināyah</em>. Penelitian ini berjenis kualitatif dengan metode pengumpulan data kepustakaan juga bersifat normatif dalam memandang dan melakukan pendekatan terhadap kasus gratifikasi seksual. Penelitian ini menggunakan beberapa pendekatan, diantaranya pendekatan kasus, perbandingan dan konseptual. Pemerintah telah mengatur UU Nomor. 31 Tahun 1999 yang telah diperbaharui oleh UU Nomor. 20 tahun 2001 tentang pemberantasan korupsi. Terlebih tercantum dalam pasal 12 B yang menjelaskan hal-hal yang termasuk gratifikasi, seperti, uang, barang, komisi, check, tiket perjalanan dan fasilitas umum lainya. Pada dasarnya sanksi gratifikasi seksual telah memenuhi aturan pemerintah, akan tetapi belum diaplikasikan. Dengan demikian perlu pembaharuan terhadap hukum gratifikasi seksual di Indonesia. Teori tentang Mukhtalath dalam hukum islam dapat menjadi alternatif solusi akan kasus gratifikasi seksual. sinkronisitas peran pemerintah dan jelasnya aturan perundang-undangan terkait kasus gratifikasi seksual sangat dibutuhkan demi tercapainya keadilan dan keabsahan hukum.</p>

scholarly journals Legal Aspects of Financial Technology in the Perspective of Improving Public Welfare

2020 ◽  
Vol 9 (3) ◽  
pp. 664
Author(s):  
Musa Darwin Pane
Keyword(s):  
Law Enforcement ◽  
Legal Aspects ◽  
Public Welfare ◽  
Conceptual Approach ◽  
Positive Law ◽  
Strategic Position ◽  
The Government ◽  
Study Techniques ◽  
Financial Technology

This writing aims to find out the legal aspects, especially regarding criminal policies in minimizing the occurrence of criminal acts in financial technology in Indonesia in the perspective of improving people's welfare and to find out the role of law enforcement in preventing financial technology criminal acts in Indonesia in the perspective of improving people's welfare. This paper uses normative legal research methods because the focus of the study departs from norms, regulations, legal theories and therefore has the task of systematizing positive law, using the approach: statute approach, conceptual approach, and analytical approach. The technique of tracing legal materials uses document study techniques and analysis of studies using qualitative analysis. Based on the results of the study that the need for reconstruction and/or reformulation of regulations which are the basis of the implementation of financial technology in Indonesia because they are considered not to regulate completely and in these conditions, the role of law enforcement in preventing and overcoming criminal acts has a strategic position because it is part of a task in carrying out the protection and protection of the community in realizing public welfare. Based on this the authors argue that in addition to internal reform in reconstruction and/or reformulation, external improvement is also needed through ratification from various countries and governments should be related to the implementation of financial technology in one door under the government so that supervision will be better and the government to innovate financial technology as an alternative in realizing public welfare.

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