scholarly journals PEMBUATAN AKTA/SURAT KETERANGAN WARIS OLEH NOTARIS BAGI MASYARAKAT ADAT BALI

2020 ◽  
Vol 6 (2) ◽  
pp. 450-475
Author(s):  
Debiana Dewi Sudradjat
Keyword(s):  
Public Service ◽  
Family Members ◽  
Legal Profession ◽  
Civil Code ◽  
Empirical Approach ◽  
Legal Basis ◽  
Public Officials ◽  
The Public ◽  
The Republic ◽  
Traditional Communities

The legal basis justifying the existence of notaries as public officials and a legal profession were Netherland-Indies laws.  These colonial laws were, by virtue of Art. I Transitional Rules of the 1945 Constitution of the Republic of Indonesia (4th Amendment), taken over and considered to be still in force.  Consequently, one of the public service offered by Notary publics, i.e., issuance of letter of inheritance or written affidavit stating which family members of the deceased may by law be regarded as heir-successor, has not been made available to Balinese adat communities. This service can only be enjoyed by those individuals who submit themselves to the (colonial) Civil Code. The article explores, using a juridical empirical approach, the possibility to extent the above public notary’s service to Balinese adat (traditional) communities.

scholarly journals Judical Review on The Authority of Subdistrict Head as A Temporary Land Deed Officials in The Making of Deed in Bojong Subdistrict, Tegal Regency

Jurnal Akta ◽  
2018 ◽  
Vol 5 (3) ◽  
pp. 735
Author(s):  
Muhammad Muamal ◽  
Amin Purnawan
Keyword(s):  
Land Rights ◽  
Civil Code ◽  
The Other ◽  
Public Officials ◽  
The Public ◽  
Other Hand ◽  
The Republic ◽  
The Government

The Sub-district head is appointed as temporary PPAT based on the provisions of the Act. It is due to there is not enough PPAT in the government area, so the government gives authority to the Sub-district head to serve the community in making deeds related to the transfer of Land Rights. In reality, not all sub-district heads are able to carry out their duties and authority. The constraints are due to the lack of Sub-district head knowledge about the duties and authority as PPAT, the number of Sub-district head duties in the government field which cause the affairs of the process of transferring rights to land are neglected and are often delegated to sub-district staff. Furthermore, the PPAT Deed Forms should not be used again since the enactment of the Regulations of the Republic of Indonesia National Land Number 8 year 2012. However, in reality many temporary PPAT or Sub-district heads still use the old forms which are no longer specified in the applicable Regulations. The deed made must be an Authentic Deed as stipulated in Article 1868 of the Civil Code concerning the Authentic Deed, namely a deed which is in the form prescribed by law, made by or before the public officials where the deed is made. On the other hand, the position as a PPAT must be in accordance with PP Number 37 year 1998 concerning the Regulation of the Position of the Land Deed Officials Keywords: Sub-district head Authority; Temporary PPAT; deed

scholarly journals Fostering public accountability in South Africa: A reflection on challenges and successes

2016 ◽  
Vol 12 (1) ◽  
Author(s):  
Pandelani H. Munzhedzi
Keyword(s):  
South Africa ◽  
Public Service ◽  
Service Provision ◽  
Public Services ◽  
Public Accountability ◽  
The Public ◽  
Current State ◽  
Public Service Provision ◽  
The Republic ◽  
The Government

Accountability and oversight are constitutional requirements in all the spheres of government in the Republic of South Africa and their foundation is in the Constitution of the Republic of South Africa of 1996. All spheres of government are charged with the constitutional mandate of providing public services. The level of responsibility and public services provision also goes with the level of capacity of a particular sphere. However, most of the direct and visible services that the public receives are at the local sphere of government. As such, enormous resources are channelled towards this sphere of government so that the said public services could be provided. It is imperative that the three spheres of government account for the huge expenditures during the public service provision processes. The parliaments of national and provincial governments exercise oversight and accountability over their executives and administrations through the Public Accounts Committees, while the local sphere of government relies on the Municipal Public Accounts Committees. This article is theoretical in nature, and it seeks to explore the current state of public accountability in South Africa and to evaluate possible measures so as to enhance public accountability. The article argues that the current public accountability mechanisms are not efficient and effective. It is recommended that these mechanisms ought to be enhanced by inter alia capacitating the legislative bodies at national, provincial and local spheres of the government.

scholarly journals Measuring Whistleblowing Perceptions among the Civil Service of the Republic of Kosovo

2021 ◽  
Vol 14 (2) ◽  
pp. 135-159
Author(s):  
Shpresa Kaçiku Baljija ◽  
Agron Rustemi
Keyword(s):  
Financial Incentives ◽  
Civil Service ◽  
Family Members ◽  
International Standards ◽  
Primary Data ◽  
Security Measures ◽  
The Public ◽  
Physical Integrity ◽  
The Law ◽  
The Republic

Abstract In 2018, the Parliament of the Republic of Kosovo approved the Law on the Protection of Whistleblowers, setting up the foundations of the whistleblower protection system for the public and private sectors in the country. In line with the international principles for drafting legislation for the protection of whistleblowers, the law provides three channels for reporting wrongdoing and grants protection against any form of retaliation for whistleblowers. Noting the absence of institutional data on whistleblowing in the public sector, for this research article, a survey was implemented with individual members of civil service in Kosovo (n=400), during the period from September to November 2019, to collect primary data related to factors incentivizing and / or discouraging the decision to whistleblow. Data were collected at the national and local levels of state administration, as per the scope of the definition of the civil service by Kosovo legislation. In this contribution, research results reveal that the protection against any form of retaliation guaranteed by the law is not sufficient for members of civil service in Kosovo to support the decision to whistleblow, as concerns arise for the security and physical integrity of their respective family members. Law does not provide financial incentives for civil servants to whistleblow. Data reveal that a satisfactory level of trust is missing on organizational indicators such as trust in the responsible officer, protection of data confidentiality and anonymity, across different levels of categories of civil service. In line with the concerns voiced by members of civil service and international standards for whistleblower protection, the following actionable recommendations are proposed to advance the whistleblowing system in Kosovo: 1) Improve the provision of training for members of civil service on whistleblowing legislation, organizational procedures, whistleblower protection, and rights; 2) Establish strategies to support employees for whistleblowing. Such strategies would include programs enabling whistleblowers access to professional services such as stress management, counseling, and legal services; 3) Enhance security measures for the physical integrity of whistleblowers and their respective family members; 4) Establish incentives to encourage whistleblowing, such as financial rewards.

ADMINISTRATIVE MEASURES FOR PREVENTION OF CORRUPTION IN THE BODIES OF THE NATIONAL POLICE

2020 ◽  
Vol 10 (4) ◽  
pp. 87-93
Author(s):  
Marian Hurkovskyi ◽  
Keyword(s):  
Public Service ◽  
Theoretical Aspect ◽  
Legal Framework ◽  
Public Officials ◽  
Legal Regime ◽  
The Public ◽  
Number Of Factors ◽  
Special Rules ◽  
International Instruments ◽  
National Police

The administrative measures for preventing corruption in the system of the National Police are investigated. The category �legal measures� in the context of modern scientific thought is considered in the theoretical aspect. The normative and legal framework for preventing corruption in the National Police is analyzed. During the analysis, the need to develop the institution of administrative measures for preventing corruption as the most widely used legal means in the system of preventing corruption in terms of international instruments in this field is substantiated. The significance of legal prohibitions and legal incentives in the system of administrative measures is revealed. Administrative measures for preventing corruption in the National Police bodies form a legal regime that is special in relation to the general administrative and legal regime of the public service and can be characterized as an ordinary, permanent, mostly prohibitive administrative and legal regime for preventing corruption in the National Police. The specificity of the administrative and legal regime for the prevention of corruption is defined by the formation of general provisions addressed to all public officials and special rules addressed exclusively to the police. The effectiveness of the administrative and legal regime is determined by a number of factors due to anti-corruption standards. The importance of anti-corruption standards for administrative measures of preventing corruption in the bodies, services and units of the National Police and the need of their development depending on the specifics of the unit are determined. Conceptual tasks of improving administrative measures for preventing corruption in the National Police are formulated.

Overcoming the tensions between values: a challenge for French public service managers and their training schools

2015 ◽  
Vol 83 (3) ◽  
pp. 463-480 ◽  
Author(s):  
Fabrice Larat ◽  
Christian Chauvigné
Keyword(s):  
Public Service ◽  
Public Management ◽  
Civil Service ◽  
Critical Distance ◽  
Public Officials ◽  
The Public ◽  
Training Schools ◽  
Supervisory Staff ◽  
Service Managers

While there is universal recognition of their important role in the functioning of administrations and for the motivation of public officials, the values that serve as a reference for the public service are witnessing a change in the way they are understood and implemented in practice, particularly with regard to the new requirements of public management. The analysis developed in this article centres on the interplay between various dimensions relating to the perception and use of the key values of the French civil service and highlights the tensions that prevail despite the apparent preservation of the axiological reference universe of those concerned. It raises the question of the role of schools in the training of values management. It draws on the results of a survey conducted in France by the network of civil service schools (Réseau des écoles de service public; RESP) among managers undergoing training and their teachers and supervisory staff. Points for practitioners The study shows that organizations that are responsible for the initial or continuing training of civil servants offer a breeding ground for the (re)production of public service values. However, for civil service managers to be able to deal with the potential tensions between values (no clear hierarchy, apparent contradictions) it is necessary to develop their capacities for reflective analysis and practical application that will allow a critical distance and promote a contextualized ethical approach.

scholarly journals PENERAPAN ASAS KONSENSUALISME DALAM PERJANJIAN JUAL BELI ONLINE

2020 ◽  
Vol 8 (8) ◽  
pp. 1138
Author(s):  
Ni Putu Ayu Bunga Sasmita ◽  
I Wayan Novy Purwanto
Keyword(s):  
Research Methods ◽  
Legal Aspects ◽  
Civil Code ◽  
Legal Basis ◽  
Legal Research ◽  
Electronic Transactions ◽  
Online Trading ◽  
The Law ◽  
The Republic

Penelitian ini bertujuan untukemahami bagaimanakah pengaturan jual beli online dalam hukum di Indonesia dan bagaimanakah aspek hukum jual beli secara online dalam perjanjian.  Penelitian ini, menggunakan metode penelitian hukum normatif. Sedangkan pendekatan yang digunakan adalah menggunakan pendekatan fakta dan statute approach. Hasil penelitian ini menunjukan bahwa pengaturan mengenai jual beli secara online diatur dalam ketentuan Pasal 18 ayat (1) Undang-Undang Republik Indonesia Nomor 19 Tahun 2016 tentang Perubahan Atas Undang-Undang Nomor 11 Tahun 2008 tentang Informasi dan Transaksi Elektronik, yang mana sebagai penerapan pasal 1313 KUHPerdata. Para pihak yang mengadakan perjanjian bisa menerapkan KUHPerdata yang jadi dasar diakui sahnya perjanjian dimana keabsahannya tercantum syarat 1320 KUHPerdata yakni:   kecakapan, kesepakatan, suatu sebab yang halal dan suatu hal tertentu.Sedangkan penerapan asas Konsensualisme dalam perjanjian online yang didasarkan oleh ketentuan dalam Pasal 1313 KUHPerdata yang menegaskan bahwa adanya suatu perjanjian berarti pihak satu dengan pihak lainnya setuju untuk mengikatkan dirinya.   This study aims to understand how the online arrangement in the sale and purchase agreement and how the legal aspects of buying and selling online in the agreement. This research uses normative legal research methods. While the approach used is to use the fact approach and statute approach. The results of this study indicate that the regulation regarding online trading is regulated in the provisions of Article 18 paragraph (1) of the Law of the Republic of Indonesia Number 19 of 2016 concerning Amendment to Law Number 11 of 2008 concerning Information and Electronic Transactions, which is the legal basis for applying article 1313 of the Civil Code. The parties who entered into the agreement can apply the KUHPer which is the basis for the validity of the agreement where the validity is stated in the terms of the 1320 KUHPer, namely: skill, agreement, a halal cause and a certain thing. While the application of the principle of consensualism in an online agreement based on the provisions in Article 1313 of the KUHPer which confirms that an agreement means that one party with another party agrees to bind themselves.

scholarly journals Public Service Satisfaction on Hajj-Related Services in Indonesia: Demographic Analysis

Al-Muzara ah ◽  
2021 ◽  
Vol 9 (1) ◽  
pp. 99-107
Author(s):  
Reza Fathurrahman ◽  
Zaenal Abidin ◽  
Anisa Dwi Utami
Keyword(s):  
Public Service ◽  
Demographic Variables ◽  
Service Satisfaction ◽  
Primary Data ◽  
Access To Information ◽  
Government Responsibility ◽  
Public Officials ◽  
Related Services ◽  
The Public ◽  
Ease Of Access

Measurement of public service satisfaction with government services serves as a valuable reflecting point for public officials to improve the public service quality. Pilgrimage to Mecca and Medina in Saudi Arabia is considered as a national duty and government responsibility in countries with a significant number of Muslim citizens. This article analyzes primary data from the 2019 national public service satisfaction survey on hajj-related services within Indonesian territory collected by the Ministry of Religious Affairs to examine variation across demographic backgrounds. 1,491 respondents participated in the survey representing individual appraisals toward various services during departure and returning phases. The main focus of investigation are the six selected service dimensions, namely, 1) Individual capability, 2) Ease of access to information, 3) Service procedures, 4) Speed of service, 5) Facilities and infrastructure, and 6) Cost-related perception. The results of regression analysis support diverse roles of demographic variables in explaining variance in public service satisfaction feedback. The empirical findings suggest that people with a higher-level education are more likely to experience less satisfaction. Meanwhile, females are likely to perceive higher satisfaction with the provided services than the males.

scholarly journals Maladministration in the Public Service: Should Government Officials be Responsible for their Decisions?

2021 ◽  
Vol 1 (1) ◽  
pp. 71
Author(s):  
Maulida Zulia Irmajayanti ◽  
Totok Sudaryanto ◽  
Antikowati Antikowati
Keyword(s):  
Public Service ◽  
Public Services ◽  
Legal Certainty ◽  
Government Officials ◽  
The Public ◽  
State Obligations ◽  
Normative Basis ◽  
The Republic ◽  
The Government ◽  
The Welfare State

The concept of the welfare state upholds the existence of the legal system under the premise of legal certainty and the protection of basic human rights. Paragraph IV of the 1945 Constitution of the Republic of Indonesia emphasizes the existence of “state obligations” and “the government duty” to protect and serve all public interest. The normative basis of the Constitution was translated as the national principle to embody the public services. The Public Service Law Number 25 of 2009 is a formulation of legal certainty. However, the main problem that occurs in the public services is maladministration in bureaucracy. It is important to build interpretations of the authority attached to the bureaucratic system or on subjects who become government officials. By analyzing the Constitution, this article states that the government official dimensions must be considered as an interrelated issue, so that the articulate practice must be seen as inherent social conditions. Keywords: Responsibility, Government Officials, Maladministration.

scholarly journals Urgency of the Public Services Supervision on the Regional Government Implementation

2020 ◽  
Vol 4 (2) ◽  
pp. 84-88
Author(s):  
Ida Ayu KETUT KARYANI ◽  
I Wayan PARSA
Keyword(s):  
Public Service ◽  
Public Services ◽  
Service Providers ◽  
Regional Government ◽  
Public Officials ◽  
The Public ◽  
Government Supervision ◽  
Service Sectors ◽  
The Government

This study examined the supervision of public services as stipulated in Law 25 of 2009, namely regarding public services and Law 23 of 2014 concerning regional government. Supervision carried out in the law is to give authority to each of the existing institutions or institutions, causing overlapping existing authority. Giving authority to officials will give birth to the rights and obligations to achieve the goals and intentions specified in the legislation. The rise of corruption cases occurs because of the weakness of existing supervision of government administration, especially in public services. In this case corruption will foster public distrust of public services. The form of maladministration carried out by public service providers is always associated with behavior in services performed by public officials and the norms of behavior of officials in public services. In addition, these problems are also caused by the opportunities and authority given to be abused and the low quality of public services in various service sectors. Supervision of public services can provide certainty about the public services provided by the government whether it has been running according to targets and objectives and is a way to find out as early as possible maladministration that might occur so that effective and accountable government can be realized.

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