scholarly journals Limits on The Implementation of Contrario Actus Principle in The Procurement of Civil Servants

2018 ◽  
Vol 5 (2) ◽  
pp. 76
Author(s):  
Risang Pujiyanto ◽  
Sonny Taufan ◽  
Netti Iriyanti

Procurement of Civil Servants (PNS) which is not in accordance with the legislations and the general principles of good governance have the potential to become State Administration disputes. One of the examples is a civil servant procurement dispute in Dompu District in 2014 where the Judges decided to reject the plaintiffs claim by considering the�Contrario Actus�Principle. This research was a normative research by using a statute�and case approach. The legal materials used in this research were primary and secondary legal materials. Moreover, the data analysis method used was descriptive qualitative. The results showed that in the Civil Servant Procurement Dispute in Dompu District in 2014, the Judges of Mataram Administrative Court judged that the Dompu District Head, in terms of authority and procedure, did not violate the laws and the general principles of good governance. Moreover, in terms of substance, the Judges considered that the Dompu District Heads decision was in accordance with the�Contrario Actus�Principle. By looking at the�decidende�ratio and Law Number 30 of 2014 concerning Government Administration, the limits on the implementation of the�Contrario Actus�principle in the procurement of Civil Servants are; 1) The withdrawn KTUN is a bound KTUN, 2) The withdrawn KTUN has a defective authority, 3) The withdrawn KTUN has a defective procedure, and/or 4) The withdrawn KTUN has a defective substance which is caused by fraud, coercion, bribe, or error.Pengadaan Pegawai Negeri Sipil (PNS) yang tidak sesuai dengan peraturan perundang-undangan dan Asas-Asas Umum Pemerintahan Yang Baik berpotensi menjadi sengketa Tata Usaha Negara. Salah satu contohnya adalah sengketa pengadaan PNS di Kabupaten Dompu Tahun 2014 dimana Majelis Hakim memutuskan menolak gugatan penggugat dengan pertimbangan Asas�Contrario Actus. Penelitian ini merupakan penelitian normatif dengan menggunakan pendekatan undang-undang dan pendekatan kasus. Bahan hukum yang digunakan adalah bahan hukum dan bahan hukum sekunder. Metode analisis data yang digunakan adalah deskriptif kualitatif. Hasil penelitian menunjukkan bahwa dalam sengketa Tata Usaha Negara pengadaan PNS Kabupaten Dompu Tahun 2014, Majelis Hakim PTUN Mataram menilai secara kewenangan dan prosedur Bupati Dompu selaku tergugat tidak melanggar peraturan-perundang-undangan dan Asas-Asas Umum Pemerintahan Yang Baik. Sementara secara substansi, Majelis Hakim menilai keputusan Bupati Dompu sudah sesuai dengan Asas�Contrario Actus. Dengan melihat ratio decidende dan ketentuan Undang-Undang Nomor No. 30 Tahun 2014 Tentang Administrasi Pemerintahan maka batasan penggunaan asas Contrario Actus dalam pengadaan PNS adalah 1) KTUN yang dicabut merupakan KTUN yang bersifat terikat, 2) KTUN yang dicabut terdapat cacat wewenang, 3) KTUN yang dicabut terdapat cacat prosedur, dan/atau 4) KTUN yang dicabut terdapat cacat

2021 ◽  
Vol 2 (4) ◽  
pp. 500-507
Author(s):  
Yosi Novita Sari ◽  
Ida Ayu Made Ermetha Gyatri ◽  
Nenden Restu Hidayah

The method used in collecting data for this research is a questionnaire. The data analysis method in this research is quantitative, and the sample in this study is 140 customers. Based on the results of this study concluded that: The regression equation obtained from the research results are as follows: Y = 6.263 + 0.588X1 + 0.574 X2 + e. The value of the termination coefficient R2 = 0.792. This value means that independent and dependent, contributed 79.2% in influencing the dependent variable while the rest was influenced by other variables not examined. The t test is used to determine the effect of each independent variable on the dependent variable by looking at the tsig value compared to 0.05. From the table above, the tsig value of X1 is 0.001, and X2 is 0.005. From the tsig value, it is found that the X1 variable has an effect on Y and the X2 variable has an effect on Y, 4). Fsig value 0.002 < 0.05, so it can be concluded that the variables (X1) and (X2) have an effect on the variable (Y) or together have a simultaneous effect


2019 ◽  
Vol 27 (3) ◽  
pp. 1201
Author(s):  
Muhammad Yasid ◽  
Risha Ramayanti

Impaired credit can cause the disturbance of the continuity of business activities circulation in a Bank and in the end it can cause the disturbance of banking financial liquidity. When a Bank liquidity decreases, it can decrease its credibility level that it can affect people/customer/investor’s trust who will invest in the Bank. Based on this background, the researchers were interested in the problem that encouraged them to do a research entitled “The Efforts on the Recovery of Loss Credit in Banking Institution” This research applied Constructivism Paradigm with descriptive and prescriptive as the nature. The source of data was library study. The data analysis method used by the researchers was descriptive qualitative. The results of the study showed that  in the efforts of the recovery of loss credit, there were three (3) main activities done: through the parties’ agreement as the best way for both parties to recover it, the saving of the loss credit and/or the recovery through legal way. The purpose of recovering the loss credit was to save the bank funds invested in the form of loss credit by paying attention to the debtor’s business condition which still had good prospect. It was hoped that the saving could recover the quality of the credit from “loss” collectability to “doubtful”. From “doubtful” to “bad” , from ‘substandard” to “pass”.  


2020 ◽  
Vol 4 (3) ◽  
pp. 400
Author(s):  
Rohanah Rohanah ◽  
Intan Rahmawati ◽  
Ferina Agustini

Constraints to the implementation of character development through scout extracurricular activities have caused many students in the alert and mobilizing groups to focus more on the game than the material and there are still students who do not obey the scouting activity regulations. The purpose of this research was to analyze the implementation of character planting in students through scout extracurricular activities. This research was using a descriptive qualitative research. The population in this research was all students of SDN Tlogosari Kulon 06 Semarang, totaling 91 students. The validity of the data was obtained through two triangulations, namely technical triangulation and source triangulation. Collecting data through observation, interviews, and notes in the field. Tringulation technique for testing data creation. The data analysis method used was qualitative analysis method. The results of the analysis showed that the activities carried out during extracurricular scouting have implemented the planting of the five attitudes that need to be achieved by students. The students' religious, integrity, and nationalist attitudes are good, even though the implementation of the overall attitude has been carried out evenly, students still need an emphasis on independence and mutual cooperation. Most students still object to being made into a team with friends from other classes, they do not yet have the independence to go and use complete attributes when scouting extracurricular activities without having to be ordered and warned repeatedly by class teachers and coaches.


2020 ◽  
Vol 5 (1) ◽  
pp. 14-20
Author(s):  
Deddy Mursanto ◽  
La Ode Muhammad Karim ◽  
Mashendra Mashendra

Corruption is an act that can harm State finances and cause losses to the people's economy. This study aims to determine the arrangement of the burden of proof reversals system of corruption according to the applicable provisions and the proper regulation in implementing the system of reversing the burden of proof to be done optimally. This study uses a normative juridical research methodology with a statute approach. This research's data analysis method is descriptive qualitative by describing the problems and facts in writing from the literature. The study indicates that the burden of proof reversal system concerning the Eradication of Corruption Crimes contained in Law no. 20 of 2001 is limited only to the offense of gratification regulated in Article 12 B paragraph (1) letter a. The withdrawal presumption proof can also be extended to the defendant's property, which is claimed to be connected to the accused's case (Article 37 A) and the property of the defendant (who has not been charged) which is not accused of corruption as a result of a criminal act (Article 38 B). Reversal of the burden of proof in the law of corruption is a reversal of the burden of proof impartial public prosecutor and the defendant alike must prove but / the same element proved different.


2019 ◽  
Vol 12 (2) ◽  
pp. 154
Author(s):  
Kartika Bintari ◽  
Sumarlam Sumarlam

Exocentric Phrase Forming Elements in Hikayat Hang Tuah. The purpose of this study was to describe the exocentric phrase forming elements in Hikayat Hang Tuah. This type of research is descriptive qualitative with the object of research in the form of phrases in Hikayat Hang Tuah. The data in this study are sentences containing exocentric phrases from data sources in the form of Hikayat Hang Tuah book documents. Observation techniques are used in data collection techniques, while the data analysis method in this study is the agih method with techniques for direct elements as a basic technique and advanced techniques in the form of sloping techniques. In Hikayat Hang Tuah there are three types of exocentric phrases (1) exocentric phrases directive with phrase-forming elements in the form of prepositions+nouns; (2) nondirective exocentric phrases with phrase-forming elements, namely particles/designations +adjectives and particles/word designations+nouns; and (3) connective exocentric phrases which form the phrase in the form of conjunctions+verbs. The diversity of linguistic elements in Hikayat Hang Tuah shows the manifestation of literary works as a manifestation of the richness of language.


2016 ◽  
Vol 15 (2) ◽  
pp. 110 ◽  
Author(s):  
Mochamad Ighfir Sukardi ◽  
Rawuh Yuda Yuwana ◽  
Sumarlam Sumarlam

The purposes of this research are (1) to describe the deviation of meaning in Cak Lontong’s humor materials (2) to describe the changing of constituent in Cak Lontong’s humor materials. This research is a descriptive-qualitative research. Listening method is used as the  data collecting technique, using technique of tap and write. The data analysis method is the reference equalization, using comparative technique to support codification, reduction, presentation, and interpretation. The results of this research are: Cak Lontong exploits gaps and possibilities of new meanings that can be used in words; Cak Lontong deviates meanings by establishing the second meaning as an effort to give surprise to his listeners; and Cak Lontong exploits figurative words of homonymy, e.g. “mengarungi” and “ngurusi” to play the meanings that are conveyed in using the language. The power of Cak Lontong’s humor is in the sensitivity in finding gaps of words, then presenting them by trapping listener’s interpretation to the unintended meanings. A changing constituent occurs to function of process to be participant, participant to participant, participant to circumstances, and circumstances to circumstances. It changes meanings and interpretations of a same word.


2018 ◽  
Vol 13 (02) ◽  
Author(s):  
Cindy Kareima Waney ◽  
David P. E. Saerang ◽  
Stanley W. Alexander

Good governance is an eminent issue in the management of government administration today. The implementation of local government  can not be separated from the use and utilization of budget and regional income. And every year it is always the local goverment preparing a budget plan or called regional income and expenditure budgets . The purpose of  this study analyzed the budget realization report to assess the effectineness and efficiency od government performance in aggriculture and livestock servive of North Sulawesi Province period 2012-2014. Data analysis method used is data analysis calculation of effectiveness and efficiency. Level or criteria of effectiveness of expenditure budget in agriculture and livestock service of North Sulawesi Province 2012-2014 vary for effevtive use the budget is quite effective in 2012 and 2013-2014 effective budget usage. So overall from 2012-2014, the level of effectiveness of agriculture and livestock expenditure budget of North Sulawesi Province experienced an effective increase. In the implementation of  agriculture and livestock expenditure budget  of the province of North Sulawesi in 2012-2014, already well processed and very efficient. Implementation of the 2012-2014 budget is categorized as very efficient because the efficiency level below 60%.Keywords : efficiency, effeectiveness, budget


2017 ◽  
Vol 22 (1) ◽  
pp. 69-78
Author(s):  
Sulastiningsih Sulastiningsih ◽  
Siti Endarwati ◽  
Tri Joko Winoto

The background of this research is the condition in which the performance of the employees of Education and Culture Department of Purworejo district is not sufficient. It causes repetitions on schools data demand. The causes are different characteristics of the individuals and unsupportive working environment. The aim of this research is to find the influence of individual characteristics and working environment to the performance improvements. There are 76 civil servants as the sample of the research. Doubled linear regression is chosen as data analysis method. The result shows that individual characters and working environment have significant influence on the performance of the civil servants in Education and Culture Department in Purworejo district.


2020 ◽  
Vol 15 (3) ◽  
pp. 514
Author(s):  
Veronica Ilat ◽  
Harijanto Sabijono ◽  
Sintje Rondonuwu

Allowance for impairment losses are reserves that must be formed by the Bank to face the risk of loss due to investment. The purpose of this study is to compare PSAK 55 and 71 about financial instruments and recognition, measurement, especially about impairment and uncollectible financial assets and to find out how the implications are for companies after the adoption of PSAK 71 about financial instruments at PT North Sulawesi Venture Facility. Data analysis method used is descriptive qualitative. The results of the study found differences in the formation of CKPN in PSAK 55 appearing if an event occurred which resulted in the recognition of defaults and using the LIM Loss Incurred Method but in PSAK 71 CKPN at the beginning of the recognized period, using the ECL Expected Credit Loss method. In conclusion, the application of PSAK 71 to PT The North Sulawesi Venture Facility will begin in 2020 with the finalization of the December 2020 report, but the concrete impact will be on the number of CKPNs that become larger.


Tarbiyatuna ◽  
2019 ◽  
Vol 10 (2) ◽  
pp. 128-136
Author(s):  
Subur Subur ◽  
Irham Nugroho ◽  
Muhammad Nanang Qasim

This research is titled Implementation of child friendly schools in realizing school culture in SDN Geger Tegalrejo which aims to find out whether the school has implemented child friendly schools in whole or in part and to find out the school culture which is the result of the implementation of child friendly schools. The method used in this research is descriptive qualitative which will describe how the implementation of child friendly schools in SDN Geger Tegalrejo. Data collection techniques through observation, documentation, interviews and questionnaires. Data analysis method uses descriptive method. The implementation of child friendly schools in SDN Geger Tegalrejo is in accordance with the indicators of child friendly schools and refers to the classification standards of child friendly schools that have been declared by the ministry of education and culture based on the facts contained in the field. even though SDN Geger Tegalrejo has not implemented the child friendly school as a whole, it has carried out most of the child friendly school implementation for its students. Some of the school culture in SDN Geger Tegalrejo has reflected the culture of a child-friendly school, to support and realize child friendly schools.


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