scholarly journals INTERVENSI YUDISIAL DALAM ISU HUBUNGAN PUSAT–DAERAH: STUDI TERHADAP PRAKTIK MAHKAMAH KONSTITUSI

2021 ◽  
Vol 7 (1) ◽  
pp. 211-243
Author(s):  
Titon Slamet Kurnia
Keyword(s):  
Local Government ◽  
Conceptual Understanding ◽  
Legal Issues ◽  
Legal Issue ◽  
Constitutional Court ◽  
Court Decisions ◽  
Unitary State ◽  
Distribution Of Power ◽  
The Relationship ◽  
National Local

The legal issue to be discussed in this article is the involvement of the Constitutional Court in adjudicating issues concerning the relationship between national – local government in general, and the distribution of power to the local government in particular. To be more specific, this article will criticise by delivering a casenote over the Constitutional Court decisions, i.e. Decision Number 87/PUU-XIII/2015, Decision Number 137/PUU-XIII/2015, Decision Number 30/PUU-XIV/2016 and Decision Number 56/PUU-XIV/2016. The casenote will notify the need to a deeper conceptual understanding of the differences between unitary State and federalism principles and its implication in giving prescriptions. This is a response to the Constitutional Court’s judicial opinion which tends weightier to federalism, instead of unitary State principle. According to this situation, it is recommended that the Constitutional Court should not review the constitutionality of laws which contain the legal issues concerning the relationship between national – local government in general, and the distribution of power to the local government in particular. This article uses conceptual and comparative approaches.

scholarly journals State Owned Enterprises Finance from the Perspective of State Funds

Yuridika ◽  
2019 ◽  
Vol 35 (2) ◽  
pp. 363
Author(s):  
Sopian Sitepu
Keyword(s):  
Law Enforcement ◽  
The State ◽  
Company Law ◽  
Legal Issues ◽  
Clear Distinction ◽  
Constitutional Court ◽  
Court Decisions ◽  
State Budget ◽  
Legal Subject ◽  
The Status

The existence of State-Owned enterprises (SOE) as one of Indonesia’s legal entities, whereby the State owns part of all of the capital of the company has presented several legal issues. The BUMN Act that has become the basis for establishing State-Owned enterprises has become its own independent legal subject and separates itself from the wealth of the State and has adhered to the provisions of the Company Law Act so that the capital that is presented by the State to the corporation remains as the capital of the SOE and not form the State. However, existing legislations regarding State funds places the funds for SOE as being part of the State budget. This ambiguity in the status of BUMN Funds is not only found in legislations but also in two different constitutional court decisions that presents inconsistencies towards law enforcers. This clear distinction is crucial in the practice of law enforcement in Indonesia.

scholarly journals Developing “place leadership” when hierarchical accountability is omnipresent: the case of English sub-national government

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Laurence Ferry ◽  
Mark Sandford
Keyword(s):  
Local Government ◽  
News Media ◽  
Leadership Role ◽  
Content Type ◽  
Government Relations ◽  
Power And Control ◽  
Distribution Of Power ◽  
And Control ◽  
The Relationship

PurposeThe relationship between central and sub-national (local) government is contentious around distribution of power and control. There is a specific concern when a (local) place has power devolved, but centralised hierarchical accountability pervades.Design/methodology/approachThis paper addresses that concern by considering recent innovative developments around place-based accountability arrangements in England, through analysis of official reports and news media.FindingsThe article illustrates aspirations towards accountability to the local electorate clash with hierarchical accountability that remains an omnipresent mechanism of central control. It is suggested, accountability forums be developed to blend hierarchy and the place leadership role of directly elected mayors. This could enable local accountability to the electorate, whilst taking account of the context of specific regional level complexities.Originality/valueThis is one of the first papers to consider issues of place leadership and place based accountability within the framework of hierarchical accountability for central and local government relations.

scholarly journals Refleksi Konstitusionalitas Pengawasan Peraturan Daerah Pasca Putusan Mahkamah Konstitusi Nomor 137/PUU-XIII/2015

2019 ◽  
Vol 16 (2) ◽  
pp. 391
Author(s):  
Firdaus Firdaus
Keyword(s):  
Local Government ◽  
Supreme Court ◽  
Judicial Review ◽  
Central Government ◽  
Constitutional Court ◽  
Legal Standing ◽  
The Supreme Court ◽  
The Government ◽  
And Function ◽  
The Relationship

Peraturan Daerah (Perda) sebagai produk hukum pemerintahan daerah untuk mengatur dan memerintah sendiri sebagai manifestasi otonomi, tetapi dalam praktiknya sering kali dihadapkan dengan penundaan atau pembatalan akibat fungsi pengawasan preventif atau represif oleh Pemerintah. Melalui Putusan Nomor 137/PUU-XIII/2015, Mahkamah Konstitusi (MK) meneguhkan fungsi pengawasan preventif dan membatalkan fungsi pengawasan represif dengan harapan: pertama mengakhiri dilema konstitusional fungsi Pengawasan Pemerintah terhadap Perda; kedua, memperkuat otonomi daerah; dan ketiga, meneguhkan pengujian perda sebagai kompetensi Mahkamah Agung (MA). Namun hal tersebut justru menciptakan dikotomi baru, baik terkait hubungan Pemerintah Pusat dengan pemerintahan daerah maupun dalam memaknai fungsi pengawasan represif dihubungkan dengan kompetensi MA menguji peraturan perundang-undangan di bawah undang-undang terhadap undang-undang. Bentuk dikotomi baru yang dimaksud; pertama, merevitalisasi instrumen sentralisme; dan kedua mereduksi otonomi dan fungsi kekuasaan Pemerintah dengan karakteristik yang bersifat aktif, sepihak (bersegi satu) dalam mengawasi dan memastikan pelaksanaan undangundang. Dimensi konstitusional yang harus dipastikan, bahwa pelaksanaan fungsi pengawasan represif terhadap Perda memberi kedudukan hukum bagi Pemerintah Daerah otonom untuk dapat mengajukan permohonan pengujian kepada MA.Local Regulation (Perda) as a legal product of local government is to regulate and govern itself as a manifestation of autonomy. Yet, in practice it is often confronted with delays or cancellations due to the Government's preventive or repressive supervision functions. Through Decision Number 137 / PUU-XIII / 2015, the Constitutional Court (MK) affirmed the function of preventive supervision and canceled the repressive supervision function in the hope of: first, ending the constitutional dilemma of the Government Oversight function on Local Regulations; second, strengthening local autonomy; and third, confirm the perda review as Supreme Court (MA) competency. However, this actually creates a new dichotomy, both in relation to the relationship between the Central Government and the local government and in interpreting the repressive monitoring function associated with the MA competency in examining the legislation under the regulations toward the statute. The form of the new dichotomy in intended; firstly, revitalize the instrument of centralism; and secondly reducing the autonomy and function of the Government's power with active, unilateral (onesided) characteristics in supervising and ensuring the implementation of the statute. The constitutional dimension that must be ensured is that the implementation of the repressive oversight function of the Local Regulation gives a legal standing for the autonomous local Government to be able to submit an application for judicial review to the Supreme Court.

scholarly journals Juridical Analysis of Disharmonization between Local Leaders and Deputy Local Leaders in Local Government Systems

2020 ◽  
Vol 12 (2) ◽  
pp. 181-192
Author(s):  
Enny Agustina
Keyword(s):  
Local Government ◽  
Research Literature ◽  
Unequal Distribution ◽  
Ideal Position ◽  
Library Research ◽  
The Government ◽  
Distribution Of Power ◽  
The Relationship ◽  
Local Leaders ◽  
The Ideal

The relationship between the Local Leaders and Deputy Local Leaders often creates conflicts to disharmony. Reduced harmony between the Local Leaders and Deputy Local Leaders occurs in many regions in Indonesia. This study discusses the factors that Cause Disharmony between the Local Leaders and Deputy Local Leaders in the Government System and the Ideal Position of Deputy Local Leaders in the Decentralization System. The data collection method used in this study is library research. Literature research collects relevant data and information by books, magazines, articles, journals, writings, and legislation relating to the issues raised in this study. The research and discussion results in this study are the factors that cause disharmony between the Local Leaders and Deputy Local Leaders in the Local Government System are First, Political Maturity. Second, the unequal distribution of power and race to politicians. While the duties of Deputy Local Leaders regulated in Law No. 23 of 2014 concerning Local Government, where most of the first, assisting Regional Heads in Leading the implementation of local government affairs, Secondly, giving advice and consideration to Local Leaders in carrying out Local Government affairs. Third, carry out the Local Leaders’ daily tasks if the Local Leaders serve a period of detention or temporarily unavailable. Fourth, carry out other duties and authorities by statutory regulations.

scholarly journals The Existence of Islamic Norms in the Indonesia Constitutional Court Decisions No.22/PUU-XV/2017

Rechtsidee ◽  
2020 ◽  
Vol 7 ◽  
Author(s):  
Lindi Rohma Octavia ◽  
Rifqi Ridlo Phahlevy
Keyword(s):  
Legal Issues ◽  
Court Decision ◽  
Constitutional Court ◽  
Court Decisions ◽  
Legal Consequence

This study discusses the existence of Islamic norms in the Constitutional Court decisions. This study uses a case approach by examining the Constitutional Court decision no. 22 / PUU-XV / 2017. Data obtained from primary, secondary and tertiary data relating to legal issues in this paper. The main problem in this research is the consideration and decision of the Constitutional Court on the case decision No. 22 / PUU-XV / 2017 concerning marriage which is quite highlighted by the Indonesian people. What was tested in the a quo decision was article 7 paragraph (1) of Law No. 1 of 1974 concerning Marriage with article 27 paragraph (1) of the 1945 Constitution as a touchstone. In the a quo decision the petitioners argued that article 7 paragraph (1) was an article that was discriminatory for women. On the a quo decision, the panel of judges granted part of the petition's petition. the legal consequence of the Constitutional Court decision No. 22 / PUU-XV / 2017 is the emergence of Law No. 16 of 2019, amendments to Law No. 1 of 1974 concerning marriage

scholarly journals REDISTRIBUSI KEKUASAAN NEGARA DAN HUBUNGAN ANTAR LEMBAGA NEGARA DI INDONESIA

2018 ◽  
Vol 12 (1) ◽  
pp. 2056-2082
Author(s):  
Rahmat Robuwan
Keyword(s):  
Supreme Court ◽  
The State ◽  
State Agency ◽  
Advisory Council ◽  
Constitutional Court ◽  
State Agencies ◽  
State Institutions ◽  
The Supreme Court ◽  
Distribution Of Power ◽  
The Relationship

The relationship between state agencies basically can not be separated from the system used by the state government itself. Indonesia as a country that adopts a presidential government certainly has a pattern of distribution of power, although theoretically the presidential government system power state agency separate (separation of power), but the relationship between institutions is not a relative. The mechanism of checks and balances of power destribusi state institutions. Before the amendment, the agency is the State Supreme People's Representative Council (DPR), the President, the Supreme Audit Agency CPC, the Supreme Advisory Council (DPA) and the Supreme Court with the vertical power distribution. Following the amendment to the state institutions teridir of the President, the People's Consultative Assembly (MPR), House of Representatives (DPR), the Regional Representatives Council (DPD), the Supreme Audit Agency (BPK), the Supreme Court (MA), and the Constitutional Court (MK) with distribution horizontal power - functional. The distribution of power still has a problem among others, the discontinuity in the distribution of state agencies ranging from the overlapping powers of the president in participating deliberating the bill with the House, the confusion related to the division between the authority of the Supreme Court and the Constitutional Court in the perspective of the state administration, the inconsistency of the parliamentary system that it wants to apply and the lack of authority DPD in parliament.

scholarly journals KONSEP HUBUNGAN KEWENANGAN ANTARA PEMERINTAH PUSAT DAN PEMERINTAH DAERAH DALAM BINGKAI NEGARA KESATUAN DENGAN CORAK OTONOMI LUAS

2018 ◽  
Vol 12 (2) ◽  
pp. 2131-2145
Author(s):  
Rahmat Robuwan ◽  
Wirazilmustaan Wirazilmustaan ◽  
Rio Armanda Agustian
Keyword(s):  
Local Government ◽  
Local Governments ◽  
Central Government ◽  
New Paradigm ◽  
Large Country ◽  
Delegation Of Authority ◽  
Unitary State ◽  
General Competence ◽  
Relationship Of ◽  
The Relationship

State of Indonesia is a very large country. It can be seen from many tribes, nations, cultures, languages, and others who are in Indonesia. As a unitary state with extensive autonomy, takes the concept of the relationship of authority between the central government and local governments. Administratively, the pattern of the relationship of authority between the central government and regional governments born of the delegation of authority. Who was born on the theory of delegation, supervision concept embraced by local governments in Indonesia are more inclined to form Hybrid variations (supervision), transfer of power from central to local government could be said to embrace open-end arrangement or general competence. therefore, a new paradigm in central and local relations should be established with the pattern of center-periphery relations towards a more harmonious, it's time developed progressive thinking that is based on relations that are complementary and interdependent.  

LOCAL GOVERNMENT AND SECURITY – NATIONAL SOLUTIONS BASED ON A DECENTRALIZED UNITARY STATE

2020 ◽  
Vol 1 (XX) ◽  
pp. 15-28
Author(s):  
Tomasz Miłkowski
Keyword(s):  
Local Government ◽  
Public Safety ◽  
Local Authority ◽  
National Level ◽  
Local Communities ◽  
The State ◽  
Unitary State ◽  
Local Government Level ◽  
The Relationship ◽  
Government Level

The article describes the relationship between the organisation of local government in Poland and its competences and responsibilities in the field of ensuring public safety and order to the residents of local communities - municipality, district and province. On the example of selected statutory solutions, it can be stated that at the lowest local government level, the local authority is obliged to a large extent - using or in cooperation with the Police and other institutions independent of the authority - to ensure the safety of residents. It also has basic legal instruments for this. At the provincial and national level, these responsibilities were primarily taken over by the State.

scholarly journals PENERAPAN BATAS-BATAS WANPRESTASI DAN PERBUATAN MELAWAN HUKUM DALAM PERJANJIAN

2016 ◽  
Vol 3 (2) ◽  
pp. 280
Author(s):  
Sedyo Prayogo
Keyword(s):  
Civil Law ◽  
Civil Code ◽  
Legal Issues ◽  
Clear Distinction ◽  
Court Decisions ◽  
Contractual Relationship ◽  
The Law ◽  
Relationship Of ◽  
The Relationship ◽  
Legal Consequences

The Act of the Civil Law makes a clear distinction between the engagement that is born of the agreement and engagement that is born of the legislation. The legal consequences are born of an engagement agreement is desired by the parties, because memng agreement based on the agreement that a rapprochement between the parties will make arrangements. While the legal consequences of an engagement that is born of a statute may not be desired by the parties, but the relationship of law and the legal consequences prescribed by law. Legal issues that arise in case there is a contractual relationship between the parties and the event of default can filed a lawsuit against the law. Based on the identification and analysis, the authors conclude that the draft Civil Code distinguishes between tort lawsuit is based on the contractual relationship between the Plaintiff and the Defendant and tort claims where there is no contractual relationship between the Plaintiff and the Defendant. Developments in the practice of court decisions indicate that a shift in the theory because of the contractual relationship between the Plaintiff and Defendant did not preclude the filing of a lawsuit against the law.

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