scholarly journals Jaminan Konstitusionalitas Hak Asal Usul Masyarakat Hukum Adat di Sumatera Barat

2017 ◽  
Vol 1 (2) ◽  
Author(s):  
M. Ikhsan Alia
Keyword(s):  
Local Government ◽  
Government Regulation ◽  
Historical Context ◽  
Religious Community ◽  
Political Aspect ◽  
Constitutional Protection ◽  
Cultural Rights ◽  
Long Time ◽  
State And Local ◽  
The Government

Post-authoritarian Indonesia guaranteed the protection of Indegeneous People are accelerated on behalf of Indonesian Constitution UUD NRI 1945. Coherently, the Constitution obligated the government to emerged an effective and comprehensive regulation to protect traditional ethnic alongside their cultural rigjhts. As the consequences, state obligated all stakeholder included local government to reformulate legal platform as the implementation of UUD 1945 mandate. In the historical and political aspect, existence of in degeneous people is settled long time before the official declaration of state. Indegeneous people not only served as one of prequisite requirement of human rights implementation. However, based on historical context recognition of indegeneous people has been decreased recently. It is caused by the economic development that sometimes impacted the territorial of indegeneous people itself. Furthermore, the assimilation process of indegeneous people and “new-comer” citizen has limited the space for indegeneous people to conduct their ritual as cultural-religious community. The main puzzle to be elaborated in this research are how UUD 1945 maintain the constitutional protection to indegenous people. Secondly, how the implementation of constitutional protection over indegeneous people in Indonesia. This research suggested constructive advices to overcome the problem. Firstly, emerging recognition and protection over indegeneous people through sincronization of state and local government regulation. Secondly, this research urging the government to sttle a legal platform for conflict resolution among indegeneous people and between indegenous people and government.Keywords: Cultural rights, Constitutional protection, Indegeneous people

scholarly journals Struggle for Resources Water: Analysis Conflict and Politics of Spatial Planning

2017 ◽  
Vol 5 (2) ◽  
Author(s):  
Agus Lukman Hakim ◽  
Lala M Kolopaking ◽  
Hermanto Siregar ◽  
Eka Intan Kumala Putri
Keyword(s):  
Local Government ◽  
Spatial Planning ◽  
Government Regulation ◽  
Technical Aspect ◽  
Political Aspect ◽  
Spatial Policy ◽  
Qualitative Descriptive ◽  
Pros And Cons ◽  
The Government ◽  
The Village

<p>ABSTRACT<br />Implementation of local government regulation on spatial planning in Pandeglang Regency faced many obstacles, such as conflict between residents and companies in the Village Cadasari, Pandeglang Regency. The purpose of this research is to identify struggle for resources and the involved parties as well as to analyze the failure factors of Pandeglang Local Government to implement the spatial policy.   This study used a qualitative descriptive approach. The results of the study illustrated that there were conflicts between company’s pros and cons. company’ cons, led by kiyai (Islamic priest), were citizens and students whom negatively affected by the establishment of company that caused difficulties of water resources access for daily needs and irrigation. On the other hand, company’s pros were Cadasari and Sukaindah village apparatus and some residents who wished to get benefit from increased employment opportunities supported by the Government of Pandeglang. The conflict was caused by the Local Government of Pandeglang who didn’t act as regulator and conflict resolution mediator but defended the existence of company while ignored the spatial planning. This proved that spatial policy is not only about technical aspect but also political one.<br />Keywords: Politic of spatial planning, conflict, local government, resources</p><p><br />ABSTRAK<br />Implementasi Perda RTRW Kabupaten Pandeglang menghadapi banyak kendala, diantaranya konflik antara warga dengan perusahaan di Desa Cadasari Kabupaten Pandeglang. Tujuan penelitian ini adalah untuk mengidentifikasi konflik perebutan sumber daya air, pihak terkait dan alternatif solusinya serta menganalisis faktor penyebab kegagalan Pemda Pandeglang dalam melaksanakan kebijakan tata ruang. Penelitian ini dianalisis dengan pendekatan deskriptif kualitatif. Hasil penelitian menggambarkan konflik terjadi antara pihak yang setuju pendirian perusahaan dan yang kontra. Pihak yang kontra perusahaan adalah warga, santri, dan kiyai yang mendapat efek negatif pendirian perusahaan berupa kesulitan akses sumber daya air dan irigasi sawah. Pihak yang pro perusahaan adalah aparatur Desa Cadasari, sebagian warga yang berharap memperoleh manfaat peluang kerja serta Pemda Pandeglang. Konflik tersebut disebabkan Pemda Pandeglang tidak menjadi regulator dan mediator penyelesaian konflik tapi cenderung memihak perusahaan dengan mengabaikan RTRW. Hal tersebut menunjukkan kebijakan tata ruang adalah political aspect bukan technical aspect.<br />Kata kunci: Politik tata ruang, konflik, Pemda Pandeglang, sumberdaya</p>

scholarly journals Pozycja prawna wojewody w procesie przemian II Rzeczypospolitej

2021 ◽  
pp. 9-53
Author(s):  
Krystyna Wojtczak
Keyword(s):  
Local Government ◽  
Interwar Period ◽  
Legal Status ◽  
Local Administration ◽  
Head Of State ◽  
Legal Situation ◽  
State And Local Government ◽  
The Republic ◽  
State And Local ◽  
The Government

The article considers the legal status of the voivode during the interwar period, the time of the difficult restoration of the Polish identity and the creation of the Polish state in the post-Partition lands with three separate systems of territorial division and local administration. The legal situation of the office of the voivode is closely related to the establishment of the systemic foundations of the highest Polish authorities (legislative and executive) and local administration (initially, on the territory of the former Kingdom of Poland and then on the gradually annexed former Polish territories). The author refers to both spheres of legal activity of the Polish state at that time. She discusses the primary political acts, i.e. the March Constitution (1921), the April Constitution (1935) and the Constitutional Act (1926), as well as regulations concerning county administrative authorities of the first instance, situated in the then two-tier (ministries – county offices) administrative apparatus. Attention is primarily focused on the acts directly concerning the position of the voivode, i.e. the Act of 2 August 1919, the Regulation of the President of the Republic of 19 January 1928, and executive acts issued on the basis of these, and against whose background the importance of the legal institution of the voivode is presented: during the time of attempts to unify the administrative system (1918–1928), and in the period of changes leading to a uniform organisational structure of voivodship administrative authorities (1928–1939). The analysis makes it possible to state that successive legal conditions strengthened the political position of the voivode. In both periods covered by the analysis, the voivode was a representative of the government (with broader competences in 1928–1939), the executor of orders from individual ministers, the head of state and local government authorities and offices (1918–1928), the head of general administrative bodies subordinate to him, and the supervisory body over local government (1928–1939). The position of the voivode in the interwar period was unquestionably very strong.

scholarly journals Abortion: A Review on Indonesia Regulations

Rechtsidee ◽  
2019 ◽  
Vol 7 ◽  
Author(s):  
Hariansi Panimba Sampebulu
Keyword(s):  
Reproductive Health ◽  
Government Regulation ◽  
Safe Abortion ◽  
Long Time ◽  
The Law ◽  
Legal Construction ◽  
The Government ◽  
The Right

The position of women in legal construction in Indonesia today is still difficult to adjust to the circumstances that occur, especially in terms of equality issues. The abortion that has been a problem for so long time, being discussed because of the rules that are considered not in accordance with the existing rules, and the amount of pressure from various things. Law and Women are always placed in objects that are not neutral, especially in terms of discussing reproductive health. The government and legislation feel that they have a stake in integrating reproductive health owned by women. It is the position of women in the law that gives rise to many struggle movements and the diffusion of feminism in Indonesia. The rules of Article 31 paragraph 1 and 2 of Government Regulation Number 61 of 2014 which regulate safe abortion need to be more attention and safeguarded, so that a woman has the right to be based on herself. 

scholarly journals EKSISTENSI GUBERNUR SEBAGAI WAKIL PEMERINTAH PUSAT DI DAERAH

2018 ◽  
Vol 4 (1) ◽  
Author(s):  
Rahyunir Rauf
Keyword(s):  
Local Government ◽  
Government Regulation ◽  
Central Government ◽  
National Government ◽  
City Government ◽  
Regional Government ◽  
City Area ◽  
Delegation Of Authority ◽  
The Absolute ◽  
The Government

In the Indonesian national government system is recognized the existence of local government, the region consists of provincial, district and municipal areas. The Provincial Region is headed by a Governor, a Regency area headed by a Regent and a City area headed by a Mayor. Based on Law Number 23 Year 2014 on Regional Government placed the Governor in 2 (two) functions, namely; As Head of Region and As Deputy of Central Government in Region. The governor as the representative of the central government in the regions gained the delegation of authority from the government to carry out central government affairs in the regions. As a representative of the central government in the region the governor carries out the absolute affairs and implements the concurrent governmental affairs which are the authority of the central government and conducts the guidance and supervision of the districts / municipalities in carrying out the concurrent affairs which are the authority of the district / city government. In the implementation of central government affairs in the region it is necessary to have central government representatives in the regions and vertical institutions. Prior to the issuance of Law Number 23 Year 2014 in relation to the Governor as the representative of the central government in the regions is regulated in Law Number 32 Year 2004 regarding regional government and followed up by Government Regulation No. 7 of 2008 on Deconcentration and Co-Administration. In Act No. 23 of 2014 on Regional Government it is stated that the representative of central government in the regions is only given to the Governor, while the Regent / Mayor does not get the authority as a representative of the central government in the region. In carrying out the guidance and supervision on the implementation of government affairs which is the authority of the district / city and the task of assistance by the district / city, the President is assisted by the Governor as the representative of the central government.  

scholarly journals Efficiency of the construction market and need for government regulation

2017 ◽  
Vol 19 (1) ◽  
pp. 37-49
Author(s):  
Aneta Marichova
Keyword(s):  
Government Regulation ◽  
State Intervention ◽  
Theory And Practice ◽  
Regulatory Function ◽  
Construction Market ◽  
Oligopolistic Markets ◽  
Long Time ◽  
The Government ◽  
And Control

Abstract For a long time in economic theory and practice, regulation is only linked to the need for state intervention in monopolistic markets, by developing uniform, simple regulatory rules to limit and control the monopoly power, the monopoly price, mergers and acquisitions between companies in the same industry and others. In recent years the prevailing opinion that government regulation is particularly necessary in oligopolistic markets where there are several leading, dominant companies that can influence the price, quantity and quality of the product offered. However, this regulatory policy should not apply to common rules and taking into account the specifics of the market/industry, market structure (concentration level) of the various market segments and the relevant economic activity. The aim of the study: 1) Evaluation of the efficiency of the construction market, 2) Demonstrate the need for government intervention, 3) Guidelines for the implementation of the regulatory function of the government.

scholarly journals Analisis Implementasi Standar Akuntansi Pemerintahan Berbasis Akrual Pada Pemerintah Kabupaten Bolaang Mongondow Utara

2017 ◽  
Vol 8 (1) ◽  
Author(s):  
Kasman Dollah ◽  
David P E Saerang ◽  
Hendrik Manossoh
Keyword(s):  
Local Government ◽  
Government Regulation ◽  
Accounting Standards ◽  
Fiscal Year ◽  
Fixed Asset ◽  
Study Approach ◽  
Government Accounting ◽  
Data Validity ◽  
Accrual Basis ◽  
The Government

Abstract. The issuance of Government Regulation (PP) No.71 in 2010 about Government Accounting Standards and Regulation of the Minister of Home Affairs (Permendagri) No.64 in 2013 regarding application of accrual basis government accounting standards in local government, requires that each local government to be able to implement the slowest starting from fiscal year 2015. This study is aimed to analyze the obstacles faced and the efforts to overcome the obstacles encountered in the implementation of the Government Accounting Standards (SAP) Accrual Basis in the Government Kabupaten Bolaang Mongondow Utara. The method used in this study is a qualitative research method with case study approach. Data collection techniques were observation, indepth interviews, and documentation. Data was analyzed by data reduction, data presentation and drawing conclusions. Method of triangulation was employed to check data validity. This study found that there are 4 (four) factors as the obstacles in the implementation of accrual basis SAP in resources, dispositions/ attitudes, fixed asset accounting and accounting obligations. Based on the existing constraints, Kabupatan Bolaang Mongondow Utara government has made efforts to overcome them. However, the efforts still have not overcome the obstacles faced primarily related to fixed asset accounting. Key Words: Accrual Basis, Constraints, Effort Abstrak. Diterbitkannya Peraturan Pemerintah (PP) No.71 Tahun 2010 tentang Standar Akuntansi Pemerintahan (SAP) dan Peraturan Menteri Dalam Negeri (Permendagri) No.64 Tahun 2013 tentang penerapan SAP berbasis akrual pada pemerintah daerah, mewajibkan setiap pemerintah daerah untuk dapat melaksanakannya paling lambat mulai tahun anggaran 2015. Penelitian ini bertujuan untuk menganalisis kendala yang dihadapi dan upaya untuk mengatasi kendala yang dihadapi dalam implementasi SAP Berbasis Akrual pada pemerintah Kabupaten Bolaang Mongondow Utara. Metode penelitian yang digunakan dalam penelitian ini adalah metode penelitian kualitatif dengan pendekatan studi kasus. Teknik pengumpulan data menggunakan observasi, wawancara mendalam, dan dokumentasi. Analisis data menggunakan reduksi data, penyajian data dan penarikan kesimpulan. Teknik memeriksa validitas data menggunakan metode triangulasi. Hasil penelitian menunjukkan bahwa terdapat 4 (empat) faktor yang menjadi kendala dalam implementasi SAP Berbasis Akrual yaitu sumber daya, disposisi/sikap, akuntansi aset tetap dan akuntansi kewajiban. Dari kendala yang ada, pemerintah Kabupatan Bolaang Mongondow Utara telah melakukan upaya-upaya untuk mengatasinya. Tetapi upaya yang dilakukan masih belum bisa mengatasi kendala yang dihadapi terutama yang berkaitan dengan akuntansi aset tetap.Kata Kunci : Basis Akrual, Kendala, Upaya

scholarly journals The Function Of Sharia-Based Regional Regulations On Education And Social Services In The Regions

2021 ◽  
Vol 3 ◽  
pp. 1-17
Author(s):  
Nuvazria Achir ◽  
Sri Nanang Meiske Kamba
Keyword(s):  
Local Government ◽  
Social Services ◽  
Religious Education ◽  
Government Regulation ◽  
Islamic Law ◽  
Municipal Government ◽  
Provincial Government ◽  
School Level ◽  
Regional Government ◽  
The Government

Through access to regional autonomy, the desire of various regions to formulate Islamic law into their laws and regulations in order to fulfill rights and obligations and respond to various problems of society becomes more open. Therefore, the purpose of this research is to reveal how the function of Sharia Regional Regulations in the implementation and fulfillment of basic service duties of local government, especially from the aspects of education and socio-culture in Gorontalo Province. This type of research includes normative legal research supported by empirical data, which examines comprehensively and analytically the primary and secondary legal materials, using statute approach and case approach. The result of the research indicates that the existence of these regional regulations is one of the provisions ensured in Law no. 23 of 2014 on Local Government and Government Regulation Number 38 of 2007 on the Division of Government Affairs, between the Provincial Government and Regency/Municipal Government. The regional regulations drafted and compiled by the Gorontalo provincial government actually assure harmony of life, security, and order. As it is in the field of one's religious education. The existence of the Regional Regulation of Reading and Writing Al-Qur'an in Gorontalo is able to embody the desire of students to develop their education to higher level, as a condition for entering the next school level. Meanwhile, from the socio-cultural aspect, the existence of Regional Regulations on the Prohibition of Gambling, Prostitution, and Liquor, helps the government create order and tranquility in people's lives, maximize regional potential and development, especially with regard to local wisdom. Therefore, the Regional Government requires to implement and maximize the provisions of sharia regional regulations in order to support development, especially those related to basic services in various aspects, in order to maximize the regional potential and local wisdom.

Significance Impact of State and Local Government Engagements in Overcoming Spill Cases due to Illegal Tapping

2020 ◽  
Author(s):  
F. Hadi
Keyword(s):  
Local Government ◽  
State Government ◽  
Social Impact ◽  
Local Community ◽  
System Level ◽  
Surveillance Program ◽  
Comprehensive Strategy ◽  
Surveillance Method ◽  
State And Local ◽  
The Government

PT Chevron Pacific Indonesia (PT CPI) operates the Rokan block with 13,000 km pipeline length in Riau province. Oil theft attempts through illegal tapping is one of the challenges in operating Rokan block. PT CPI experienced 16 spill cases with a volume of 1,085.98 barrels in 2018-2019 as reported to The Government of Indonesia. The investigation using why tree method is conducted to identify the system level root causes described through tree branches. Five investigations in 2018-2019 reveal the repetitive root cause pattern. Significant root causes related to spill due to illegal tapping are key stakeholders’ engagement, surveillance resources, surveillance method and emergency response. Recommendations developed to these root causes create a comprehensive strategy to overcome spill due to illegal tapping. Comprehensive strategy by conducting continuous engagements to state government and local government, increasing personnel for surveillance resources, improving surveillance method and implementing thorough response has created significant impacts. Decreasing number of spill case in 2020 affects the revenue performance on financial aspect. Hiring local community for additional surveillance resources creates positive social impact for operation of PT CPI. Improved surveillance program shows sustained oil flow supporting the operation. Environmental impacts could be reduced by deploying response team immediately, recovering and cleaning the site according to regulation related to hazardous waste. Comprehensive strategy from PT CPI can be adopted by other Production Sharing Company (PSC) operators to maintain sustainability to deliver optimum production to meet the national target.

scholarly journals STRATEGIES AND ROLE OF LOCAL GOVERNMENT IN IMPROVING THE COMPETITIVENESS OF TRADITIONAL FISHERMEN IN PANDEGLANG, BANTEN

2020 ◽  
Vol 3 (1) ◽  
pp. 12
Author(s):  
Kusumajanti Kusumajanti ◽  
Ni Putu Eka Widiastuti ◽  
Asep Kamaluddin
Keyword(s):  
Local Government ◽  
Local Governments ◽  
Government Regulation ◽  
Legal Status ◽  
Group Performance ◽  
Small Fish ◽  
Communication Model ◽  
The Government ◽  
Status Socialization

The aims of study to explore in depth: a. strategies and role of local government supports the formation of fishermen groups and group performance in enhancing the competitiveness of traditional fishermen; b. Strategies undertaken by local governments to improve competitiveness so as to realize the prosperity of traditional fishermen, c. group communication model between local government, traditional fishermen group, and partners  This study use qualitative research methods with a critical paradigm referring to the critical concepts of Marxist thought. The results showed that the government through the Ministry of Marine Affairs and Fisheries Republic of Indonesia has issued Government Regulation no. 50 Year 2015 on empowering small fishermen and small fish farmers. The Ministry of Marine Affairs and Fisheries has an agenda to improve the welfare of traditional fishermen and to optimize their potentials in groups, which are handed down to the provincial and district fisheries departments. Pandeglang District Government as the object of research through Fisheries Department has the authority to manage, utilize, and conserve marine and fishery resources for the welfare of Pandeglang community, especially fisherman community, cultivation, processing and marketing of fish, and to increase contribution for PAD (District Owned Revenue). Fisheries Department develop strategies for improving the welfare of traditional fishermen, among others, encourage the formation of fishermen cooperatives with legal status. Socialization of the use of fishing gear which is not prohibited by the government. This is because there are still many traditional fishermen in Pandeglang who use Cantrang that can threaten the sustainability of marine ecosystems. The local government through related offices has not been actively involved in providing assistance to traditional fishermen so that they have high competitiveness such as maintaining good quality fish quality, stable catch quantity, environment of fishery and marine areas that is maintained so as to ensure the sustainability of existence fish in the sea. The results of this study have implications on the preparation of roles and strategies of local governments in improving the competitiveness of traditional fishermen adapted to local elements so that traditional fishermen become prosperous.

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