scholarly journals The Competence of the Administrative Court and Administrative Justice

FIAT JUSTISIA ◽  
2020 ◽  
Vol 14 (2) ◽  
pp. 97
Author(s):  
Aju - Putrijanti
Keyword(s):  
Legal Certainty ◽  
New Paradigm ◽  
Conceptual Approach ◽  
Government Administration ◽  
The Supreme Court ◽  
Quality Of Governance ◽  
The Government ◽  
Clear Information ◽  
Administrative Justice

Administrative Court is a specialized court under the Supreme Court with a role to settle the administrative disputes included staffing disputes. The legitimation of Law No. 30 of 2104 concerning Government Administration has brought a new paradigm in the governance framework. Also, the competence of the Court is broader than before. In Addition, some regulations give more competence to the Court. It is normative juridical research. It uses statute, conceptual approach to observed, analyzed and discussion on the issues. This research is to develop the relations between the competence of the Court and administrative justice. Based on the research, broader competence gives more opportunity to get access to justice.In conclusion, administrative justice has some meanings; first, it is the rights of an individual. Therefore, the government has to provide detail, clear information for any individual before issuing a decree based on the application, rights to claims and revision for any mistakes. Second,  the defendant must obey and implement the judicial verdict. This obligation as an implementation of administrative justice and legal certainty for Plaintiff and obedience by the Defendant to the judge verdict. Third, administrative justice should be supported by the regulations by obeying the judge verdict. This is part of improving the quality of governance.

Pengukuran Pihak Ketiga Pasca Asas Contradictoire Delimitatie di Kabupaten Sidoarjo dan Pasuruan

Tunas Agraria ◽  
2020 ◽  
Vol 3 (2) ◽  
pp. 53-75
Author(s):  
Dedy Setyo Irawan ◽  
Harvini Wulansari
Keyword(s):  
Secondary Data ◽  
Third Parties ◽  
Third Party ◽  
Problem Analysis ◽  
Legal Certainty ◽  
Land Registration ◽  
Descriptive Approach ◽  
The Government ◽  
Ownership Of Land

Abstract: Complete Systematic Land Registration is a program which taken by the government in providing legal certainty in the field of land in Indonesia. PTSL activities at Sidoarjo Regency and Pasuruan Regency Land Office are carried out with third parties. Before starting the measurement, it is necessary to carry out the contradictoire delimitatie principle to ensure legal certainty of ownership of land rights. The research used a qualitative method with a descriptive approach. The data analysis carried out by compiling logically proportional statements to answer research questions. Problem analysis is carried out by making a description based on premier data and secondary data obtained through interviews and observations of implementation. The results of the research showed that the implementation of the contradictoire delimitatie principle is broadly following PP. No. 24 of 1997 and PMNA KaBPN No. 3 of 1997. The results of the study also showed that there were obstacles in the implementation of the contradictoire delimitatie principle, such as the third parties were not following technical guidelines No. 01 / JUKNIS-300/1/2018 annex 10 in the making of measurement drawings. Quality control is needed to improve the quality of work and results of third party products and minimize land problems in the future.Keywords: principle of contradictoire delimitation, third party. Intisari : Pendaftaran Tanah Sistematis Lengkap (PTSL) merupakan langkah pemerintah dalam memberikan jaminan kepastian hukum dalam bidang pertanahan di Indonesia. Kegiatan PTSL di Kantor Pertanahan Kabupaten Sidoarjo dan Kabupaten Pasuruan dilaksanakan bekerjasama dengan Pihak Ketiga yang sebelumnya melalui tahapan asas contradictoire delimitatie untuk menjamin kepastian hukum kepemilikan hak atas tanah. Metode penelitian yang digunakan adalah metode kualitatif dengan pendekatan deskriptif. Teknik analisa yang dilakukan yaitu dengan menyusun pernyataan-pernyataan proposional secara logis untuk menjawab pertanyaan penelitian. Analisa permasalahan dilakukan dengan membuat uraian berdasarkan data premier dan data sekunder yang diperoleh melalui wawancara serta observasi langsung terhadap pelaksanaan kegiatan. Hasil penelitian menunjukkan bahwa pelaksanaan asas contradictoire delimitatie secara garis besar telah sesuai dengan PP. No. 24 Tahun 1997 dan PMNA KaBPN No. 3 Tahun 1997. Dalam pelaksanaanya terdapat hambatan yakni  pembuatan Gambar Ukur oleh Pihak Ketiga tidak sesuai dengan pedoman JUKNIS No. 01/JUKNIS-300/1/2018 lampiran 10. Sehingga diperlukan pengawasan kendali mutu terkait pekerjaan dan hasil produk dari Pihak Ketiga agar kedepannya hasil pekerjaan yang dihasilkan lebih baik dan tidak menjadi permasalahan pertanahan dikemudian hari.Kata Kunci : asas contradictoire delimitatie, pihak ketiga.

scholarly journals IMPLEMENTASI KEPUTUSAN GUBERNUR KEPALA DAERAH TINGKAT I BALI NOMOR 394 TAHUN 1997 DALAM MEMBERIKAN PERLINDUNGAN HUKUM BAGI SEKAA/ ORGANISASI KESENIAN

2012 ◽  
Vol 1 (1) ◽  
Author(s):  
I MADE BADRA
Keyword(s):  
Legal Culture ◽  
Service Users ◽  
Arts Organizations ◽  
Legal Certainty ◽  
Legal Structure ◽  
The Government ◽  
The Times

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.

The challenge of addressing consumption pollutants with fiscal policy

2017 ◽  
Vol 22 (5) ◽  
pp. 624-647 ◽  
Author(s):  
Gregmar I. Galinato ◽  
Asif Islam
Keyword(s):  
Government Spending ◽  
Market Failure ◽  
Environmental Regulations ◽  
Democratic Regime ◽  
Theoretical Predictions ◽  
Quality Of Governance ◽  
The Government ◽  
The Impact ◽  
The Relationship

AbstractThe authors develop a theoretical model that elucidates the relationship between the quality of governance, the composition of government spending and pollution as a by-product of the consumption process. In particular, they determine the impact of government spending that alleviates market failure such as subsidies to the poor which reduce credit market failure and environmental regulations to correct for pollution externality. It is found that a shift in government spending towards goods that alleviate market failure has countervailing effects – consumption pollution rises due to increases in income, but consumption pollution also falls due to increasing environmental regulations. Conditional on the government adopting a democratic regime, the effect through environmental regulations outweighs the effect through income leading to lower consumption pollution. The authors estimate an empirical model and find that the results support their theoretical predictions.

scholarly journals PENGAWASAN OMBUDSMAN TERHADAP PENYELENGGARAAN PELAYANAN PUBLIK PADA MASA PANDEMI CORONA VIRUS DISEASE 2019 (COVID-19)

2021 ◽  
Vol 6 (1) ◽  
pp. 1-20
Author(s):  
Inggit Akim
Keyword(s):  
Large Scale ◽  
Public Services ◽  
Virus Disease ◽  
Conceptual Approach ◽  
Work From Home ◽  
Corona Virus ◽  
Social Restriction ◽  
The Republic ◽  
The Government

ABSTRACTSupervise the government as the provider of public services to carry out their duties and authorities under applicable regulations. Large-Scale Social Restrictions are restrictions on certain activities in an area suspected of being infected with Corona Virus Disease 2019 (COVID-19), which causes the quality of public services to be disrupted. The Ombudsman has the task of supervising the implementation of shared services organized by state or government officials and private or individual bodies assigned the task of providing services according to minimum service standards as a benchmark for service delivery and assessing the quality of services to the community. The research method used is normative juridical research with a conceptual approach (Statute Approach).The results of this study are large-scale social restriction policies through the Mayor of Tarakan Regulation Number 17 of 2020, restrictions on activities outside the house such as the implementation of learning at schools and/or other educational institutions, Work From Home (WFH), religious movements in houses of worship, activities in public places, social and cultural activities and Mandatory rapid tests for those using Sea and Air transportation modes, and providing social assistance to communities affected by COVID-19. Ombudsman's supervision of public services during the COVID-19 pandemic in Tarakan City, namely by conducting coordination and control and cooperation with state and private officials as well as community or individual organizations, opening an Online Complaint Post for COVID-19 Affected Persons. Also, conduct unannounced checks to improve public services in the City of Tarakan. Based on the supervision, the receipt of reports on suspicion of maladministration and the Ombudsman's investigation results are subject to examination. Suppose it is proven that it has committed maladministration in public services, the Ombudsman of the Republic of Indonesia can take corrective action and provide recommendations/suggestions to state administrators to improve the quality of public services. Keywords: Surveillance; Ombudsman; Public Service; COVID-19 Pandemic

scholarly journals Government Size and Quality of Governance: Does State Size Matter?

2020 ◽  
Vol 13 (3) ◽  
pp. 7-14
Author(s):  
Primož Pevcin
Keyword(s):  
World War Ii ◽  
The State ◽  
Small States ◽  
Small State ◽  
Size Of Government ◽  
Quality Of Governance ◽  
The Government ◽  
State Size ◽  
Size Matter

Purpose: Small state studies has emerged as a discipline, and this discipline has been initially dominated mainly by the issues of vulnerability and a lack of capacities of small states, although these issues have been gradually replaced by the discussions on the potential opportunities of small states, not just their challenges. Within this framework, the consideration needs to be done also on the effect of the state size on the economics, governance and public management, among others. Design/methodology/approach: The current theorizing in small state studies focuses on the specifics of the small economy modelling and governance. The existing economic literature has occasionally stressed the relations between the size of the state and size of government, but with rather mixed empirical results. Moreover, relations between state size and quality of governance has also been emerging issue. This study would like to integrate both approaches. The empirical research utilizes cross-national comparative investigation based on the data for 44 European states; and we specifically assess, in addition to the existing approaches, how budgetary and non-budgetary scope of government differentiates among smaller and larger states. Findings: The results of the study suggest that the effect of the size of the state does not necessary favour larger states in respect to the smaller size of government and quality of governance. Thus, although potential scale economies matter regarding the public services’ provision, the structure of spending, institutional context, and innovations in public service delivery modes also have the role in shaping scope and functions of the government, whereas quality of governance seems to be independent regarding the state size, at least in the European context. Research limitations/implications: Analysis is limited to the cluster of European states, and the results should be interpreted within this context. Originality/value: After the World War II the number of states has increased substantially, in fact, it has tripled. We are currently living in the era of small states, as more than one third of the existing two hundred and more states around the globe are actually small, if we assess the multiple criteria combination. In this context, this paper would like to add to the development of the field of small state studies.

scholarly journals Corruption Eradication in Indonesia during the Covid-19 Pandemic: An Analysis of the Implementation of Article 27 Law Number 2 of 2020 Concerning State Financial Policy and Financial System Stability for Handling Covid-19 Pandemic

2021 ◽  
Vol 10 ◽  
pp. 1415-1421
Author(s):  
Jamin Ginting ◽  
◽  
Chelsya Gabriella
Keyword(s):  
Criminal Responsibility ◽  
Good Faith ◽  
System Stability ◽  
Financial Policy ◽  
Legal Certainty ◽  
Legal Research ◽  
Government Administration ◽  
State Official ◽  
The Government ◽  
Insight Into

As Indonesia announced its first Covid-19 case on 2 March 2020, the government issued Acts Number 2 Year 2020. Article 27.1 and 27.2 of the Act do not provide legal certainty because they may release the state-official-corruptors from their criminal responsibility. Through this paper, the author argues the criminal-responsibility exception by elaborating the ideas of the 1945 Constitution and the Corruption Act. The author uses normative legal research to construct the paper by bringing the 1945 Constitution, Indonesian Penal Code, and Government Administration Act as contra-materials toward Acts Number 2 Year 2020. The author also uses the theories from Indonesian Law Scholars to base the author’s argument. The paper provides the construction of criminal corruption as one of the essential parts of state loss. It also explains the solution to remove the criminal-responsibility-exception by using the excellent faith principle. The paper would return the good faith principle into the implementation of Act Number 2 Year 2020. As Act Number 2 Year 2020 is considerably new on implementation, this paper provides new insight into the better implementation of corruption-handling during the Covid-19 Pandemic.

scholarly journals Analisis Implementasi Pola Pengelolaan Keuangan Badan Layanan Umum Daerah pada Rumah Sakit Umum Daerah Dr. RM. Djoelham Binjai

PERSPEKTIF ◽  
2021 ◽  
Vol 11 (1) ◽  
pp. 160-168
Author(s):  
Bambang Azis Silalahi ◽  
Marlon Sihombing ◽  
Isnaini Isnaini
Keyword(s):  
Public Service ◽  
Financial Management ◽  
Government Regulation ◽  
Service Management ◽  
Service Agency ◽  
New Paradigm ◽  
The Public ◽  
The People ◽  
The Government

The government has launched the Public Service Agency / Regional Public Service Agency (BLU / BLUD) program with the issuance of Government Regulation Number 23 of 2005. PP 23 of 2005 concerning Financial Management of Public service agency which basically explains, Public service agency are not only a new form in management of state finances but also as a new paradigm for public sector service management. The purpose of this study was to determine and analyze how the implementation of PPK-BLUD policies in RSUD Dr. RM Djoelham Binjai in terms of improving the quality and quality of public services, especially health services to the people of Binjai City. The method used in this research is descriptive qualitative using the Merille S. Grindle theory where there are several variables that determine the effectiveness of policy implementation. From the research results it can be seen that after the implementation of PPK-BLUD in Dr. RM. Djoelham Binjai, there was a change where previously the budget management, finance and reporting processes, which had been purely based on financial regulations with the APBD mechanism. However, with the implementation of PPK-BLUD, all the income that the RSUD Dr. RM. Djoelham receives can be directly managed and used for the needs and needs of the RSUD. So it is hoped that it can simplify the bureaucracy, especially finance, so that in the end it can improve the quality of hospital services. In its implementation, there are several obstacles faced, especially the understanding of other sections and fields of PPK-BLUD in RSUD Dr. RM. Djoelham Binjai so that good coordination between divisions and fields is needed.

scholarly journals KETERBUKAAN INFORMASI DI PERADILAN DALAM RANGKA IMPLEMENTASI INTEGRITAS DAN KEPASTIAN HUKUM

2015 ◽  
Vol 4 (1) ◽  
pp. 83
Author(s):  
Ridwan Mansyur
Keyword(s):  
Supreme Court ◽  
Information Disclosure ◽  
Public Services ◽  
Public Institution ◽  
Access To Justice ◽  
Legal Certainty ◽  
Information Transparency ◽  
The Public ◽  
The Supreme Court

As a public institution in the field of justice, the Supreme Court is required to commit to apply the disclosure of information. Nowadays, transparency of information disclosure in the context of justice for the Supreme Court is not only the public needs but also the needs of all residents of the judiciary. With the judicial transparency, will slowly happen to strengthen accountability and professionalism and integrity of the judiciary residents. Commitment to provide disclosure of both the process and the end result is a concrete manifestation of public services as access to justice (access to justice) given by the Court at the lowest levels up to the Supreme Court.  Quality of excellent public services through the transparency of the judicial information disclosure is the estuary of execution Reform of Bureaucracy.Keywords : Information transparency, Judicial, Integrity and Legal Certainty

scholarly journals Ratio legis of special minimum limit regulation in narcotics law

2021 ◽  
Vol 10 (7) ◽  
pp. 423-431
Author(s):  
Indra Kusuma Haryanto ◽  
Sudarsono Sudarsono ◽  
Bambang Sugiri ◽  
Abdul Rachmad Budiono
Keyword(s):  
Criminal Policy ◽  
Conceptual Approach ◽  
Philosophical Approach ◽  
Form Of Life ◽  
Criminal Sanctions ◽  
The Supreme Court ◽  
The Government ◽  
Materials Used ◽  
Policy Systems ◽  
Maximum Minimum

Narcotics crime in society (especially in Indonesia) shows an increasing trend both quantitatively and qualitatively with widespread victims, especially among children, adolescents, and the younger generation in general. Based on this, the government must increase efforts to prevent and eradicate narcotics crimes by any means, whether reforming the Narcotics Law, imposing strict sanctions and so on. The purpose of this research is to find out how the legal ratio of the Special Minimum Limit Regulation in the Law on Narcotics. This research is normative legal research with a conceptual approach and a philosophical approach. The legal materials used are primary and secondary with the technique of analyzing legal materials using the interpretation method. The results of the study indicate that the Ratio legis regulation specific minimum criminal provisions in the three laws studied, namely: the Narcotics Law and the Supreme Court Circular Number 03 of 2015, is intended to prevent disparities in the sentencing of crimes by judges. The regulation of types of criminal sanctions in legislation is one of the functions of the State to protect legal interests, in the form of life, property and dignity. The regulation of criminal sanctions is one of the criminal policy systems that can be seen from several aspects, namely the criminal system, namely: types of sanctions, alternative and cumulative forms of sanctions and their duration, namely the maximum-minimum of the punishment threatened.

scholarly journals Village (Gampong) Owned Enterprises with Local Wisdom Between Opportunities and Threats in The Area Of COVID-19 Pandemic (Research at The Government Environment of Lhokseumawe City)

2021 ◽  
Vol 4 (2) ◽  
pp. 212
Author(s):  
Muhammad Muhammad ◽  
Hadi Iskandar ◽  
Rasyidin Rasyidin ◽  
Juni Ahyar ◽  
Rudi Kurniawan
Keyword(s):  
Rural Communities ◽  
Swot Analysis ◽  
Central Government ◽  
Community Empowerment ◽  
Qualitative Approach ◽  
Government Administration ◽  
The Government ◽  
Village Government ◽  
The Village

Before the emergence of Covid-19 which developed throughout the world, the Indonesian Central Government had issued Law Number 6 of 2014 concerning Villages, which is a policy that regulates the level of Village administration. However, in this law there is no allocation of development funds and village empowerment which is the basis of the community at the level of village government administration (Gampong). Funds sourced from APBN, APBD Province or Regency, hope to support the progress of the village to become an independent village capable of organizing and managing. The allocation of village funds in the form of a Village Revenue and Expenditure Budget (APBG) is directed to finance government activities, development and community empowerment. For this reason, the Government has issued a special policy to handle Covid-19 by allocating Village Funds to address problems arising from the Covid-19 pandemic. Especially for the economic sector through the formation of Village-Owned Enterprises (BUMG) which is a business driver to improve the quality of life and realize the welfare of rural communities. With a descriptive qualitative approach using three methods, namely observation, interviews and documentation analysis. This study aims to determine business potential with local wisdom through a SWOT analysis with a focus on Village-Owned Enterprises. Based on the SWOT analysis, in the end, Village-Owned Enterprises will facilitate activities in realizing plans in accordance with local wisdom for the welfare of the community, especially in the era of the Covid-19 pandemic.

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