scholarly journals PENGISIAN JABATAN GUBERNUR DAN WAKIL GUBERNUR DAERAH ISTIMEWA YOGYAKARTA BERDASAR UNDANG-UNDANG NOMOR 13 TAHUN 2012 TENTANG KEISTIMEWAAN DAERAH ISTIMEWA YOGYAKARTA

2018 ◽  
Vol 8 (1) ◽  
pp. 56
Author(s):  
BINOV HANDITYA
Keyword(s):  
The State ◽  
Customary Law ◽  
Regional Government ◽  
Unitary State ◽  
The People ◽  
Special Area ◽  
The Will ◽  
The Republic ◽  
Special Region

<p>Negara Kesatuan Republik Indonesia mengakui dan menghormati satuan-satuan pemerintahan daerah yang bersifat khusus atau bersifat istimewa yang diatur dengan undang-undang. Negara juga menghormati kesatuan-kesatuan masyarakat hukum adat serta hak-hak tradisonalnya sepanjang masih hidup dan sesuai dengan perkembangan masyarakat dan prinsip Negara Kesatuan Republik Indonesia, yang diatur dalam undang-undang. Dengan adanya hal tersebut di atas maka pelaksanaan pemilihan kepala daerah di daerah tersebut terpengaruh oleh kesatuan-kesatuan masyarakat hukum adat serta hak-hak tradisonalnya sepanjang masih hidup dan sesuai dengan perkembangan masyarakat. Dengan adanya Undang-undang Keistimewaan Daerah Istimewa Yogyakarta menggambarkan keadaan Daerah Istimewa Yogyakarta yang merupakan daerah khusus atau istimewa dan negara menghormati daerah yang mempunyai sifat khusus atau istimewa. Pengisian jabatan gubernur dan Wakil Gubernur Daerah Istimewa Yogyakarta sudah sesuai dengan asas demokrasi, karena hakikat demokrasi itu sendiri adalah kehendak rakyat itu sendiri.</p><p><em>The Unitary State of the Republic of Indonesia recognizes and respects special or special regional government units compiled by law. The State also respects the unity of indigenous and tribal peoples and the rights of traditionality together alive and in accordance with the development of society and the principle of the Unitary State of the Republic of Indonesia, as governed by law. Given the above matters, the work undertaken by customary law bodies and the rights of common traditions is still evolving and developing with the community. With the provisions of the Special Privileges Act of Yogyakarta Special Region, Special Region of Yogyakarta which is a special area and special areas that have special or special properties. Filling the post of governor and Deputy Governor of Yogyakarta Special Region has been in accordance with the principle of democracy, because the essence of democracy itself is the will of the people themselves.</em></p>

scholarly journals Makna Penting Demokrasi dan Musyawarah Bagi Keutuhan Bangsa Indonesia

2021 ◽  
Author(s):  
NAVI GITA MAULIDA
Keyword(s):  
The State ◽  
National State ◽  
Unitary State ◽  
Democratic State ◽  
The World ◽  
State Construction ◽  
The Will ◽  
The Republic ◽  
Historical Trajectory ◽  
As If

The Unitary State of the Republic of Indonesia (NKRI) based on the historical trajectory of the struggle, has the only state construction in the world where the nation is born first, then forms the state. The first President of the Republic of Indonesia Ir. Soekarno emphasized that the Unitary State is a National State. The purpose of the Indonesian nation to be born, independent, and to form a state has one goal, the will to elevate the dignity and life of the Indonesian people (Indonesian People's Sovereignty). Through an analysis of the reality of today's life, the Indonesian nation has lived in a condition of life order as if it were the same as a democratic state, namely that the first state was formed and the nation was born later. So that the sovereignty of the Indonesian people based on the principles of deliberation and representation has not been able to be realized.

scholarly journals Potik Hukum Pemerintahan Desa

2019 ◽  
Vol 1 (2) ◽  
pp. 208
Author(s):  
Dodi Jaya Wardana
Keyword(s):  
The State ◽  
Regional Government ◽  
Unitary State ◽  
Regulatory Law ◽  
The Republic ◽  
Village Government

The State recognizes and respects regional government units that are special or special in nature which are regulated by law. Second, the State recognizes indigenous and tribal peoples' units along with their traditional rights insofar as they are alive and in accordance with the development of society and the principles of the Unitary State of the Republic of Indonesia, which are regulated in law. Politics of village government law, it cannot be separated from 3 (three) main bases, namely philosophical, sociological and juridical basis. The politics of regulatory law above are the basis for legal politics for regulations that are below, so that there should not be any universal inconsistencies. In addition, horizontally the legal politics of legislation must also be consistent

The concept and socio-economic essence of the constitution as the fundamental law of the state

2020 ◽  
Vol 59 (10) ◽  
pp. 101-104
Author(s):  
Parvana Bayram Babaeva ◽  
Keyword(s):  
Political Institutions ◽  
State Power ◽  
The State ◽  
Fundamental Rights ◽  
The People ◽  
Legal Document ◽  
The Will ◽  
Fundamental Law ◽  
The Republic ◽  
Fundamental Rights And Freedoms

The Constitution is the fundamental law not only of the state, but also of society, expressing the will of statehood and the sovereignty of the people. The Constitution establishes the fundamental rights and freedoms of man and citizen, socio-political institutions of power and a system of self-government of the people and acts as a legal basis for the formation and development of civil society. The constitution can be viewed as a micromodel, a legal symbol of society. It is within its borders and on its basis that the mechanism of state power operates, the rights and freedoms of citizens are protected, the directions of social development are determined. The Constitution of the Republic of Azerbaijan is a fundamental legal document establishing sovereignty, independence and supremacy of state power. The Constitution of the Republic of Azerbaijan covers not only the structure of the state, but also non-state spheres - the foundations of the socio-economic structure, the cultural life of society, the rights, freedoms and duties of a person and a citizen. Key words: constitution, right, state, law, society, fundamental law, regulation, human rights and freedoms

scholarly journals Tolak Ukur Pembebasan Pajak Bagi Lembaga Perkreditan Desa (LPD) Di Wilayah Provinsi Bali

2020 ◽  
Vol 2 (2) ◽  
pp. 58-72
Author(s):  
I Wayan Bandem ◽  
I Nyoman Suandika
Keyword(s):  
Rural Communities ◽  
National Development ◽  
Provincial Government ◽  
Customary Law ◽  
Regional Government ◽  
Microfinance Institutions ◽  
Unitary State ◽  
Starting Point ◽  
The Republic ◽  
The Government

As Article 1 paragraph (3) of the State Constitution of the Republic of Indonesia is the stateof Indonesia is a state of law. Understanding the rule of law is simply a country whose administrationof power is based on law. and Article 1 paragraph (1) of the 1945 Constitution that the Indonesian stateis a Republican unitary state with a government structure that is the Government, Provincial RegionalGovernment, Regency / City Regional Government and the lowest government is the VillageGovernment which has their respective leaders based on legislation applicable legislation. Inconnection with the establishment of the LPD in article 33 of the 1945 Constitution and in Article 18Bparagraph (2) of the 1945 Constitution of the Republic of Indonesia which reads "that the staterecognizes and respects customary law units and their traditional rights insofar as it is still alive andin accordance with the development of society and the principle of the unitary State of the Republic ofIndonesia, which is regulated in law. So the provincial government of Bali based on the Rural CreditSeminar dated February 21, 1984 in Semarang The Governor of Bali initiated the establishment ofVillage Heritage Institutions (LPD) in the province of Bali in the role of national development with theaim of: 1) Encouraging economic development in rural communities through targeted savings andeffective capital distribution; 2) Eradicating the practice of bondage, illegal pawns, and others in thecountryside; 3) Creating business opportunities for villagers and rural workers, and; 4) Increasingpurchasing power and facilitating traffic payments and circulation So that the authors are interested inexamining the Tax Exemption Benchmark for LPDs in Bali Province with the research method used isjuridical-normative research. Taking into account that the starting point of research on legislation andthe fact that it began from the founding of the LPD in 1984 until now has not been taxed. In the courseof its operation the LPD in Bali by the three Ministers in 2009 issued a Joint Decree of the Minister ofFinance, Minister of Home Affairs, Minister of State for Koprasi and Small and Medium Enterprisesand Governor of Bank Indonesia Number.351.1 / KMK.010 / 2009, Number 900-639A in 2009, Number01 / SKB / M.KUKM / IX / 2009, Number 11 / 43A / KRP.GBI / 2009 concerning the DevelopmentStrategy of Microfinance Institutions. Affirmed through a letter from the Minister of Home AffairsNumber 412.2 / 3883 / SJ dated November 4, 2009 to the managers of institutions microfinance thatdoes not yet have a clear institutional status based on the prevailing laws and regulations. So that theGovernor of Bali Made Mangku Pastika on behalf of the provincial government of Bali submits a Letterof Governor of Bali Number 900/8999 / PLP. Ekbang dated 15 December 2009 to Minister of InternalAffairs The Republic of Indonesia prihal; The Strategy for the Development of MicrofinanceInstitutions. Thus, with the issuance of Law Number 1 of 2013 concerning Microfinance Institutions(MFIs), it was stated that the Village Credit Institutions and Pitih Negari Granaries and institutionsthat existed before the Laws were in effect were declared to be based on adat and not subject to thisLaw. The real benefits of the existence of LPD can be proven by the distribution of net profits each yearas profit retribution by dividing the following: 60% for fertilizing LPD business capital, 10%production services for labor, contributions to Indigenous Villages 20% for development funds inPakraman Village, as well as 5% for social funds, and 5% for empowerment funds deposited by theLPD at the agency / agency that is given the authority to regulate and manage them based on the Perdaand Decree of the Governor of Bali.

scholarly journals ANALISIS YURIDIS POLITIK HUKUM TATA NEGARA (Suatu Kajian Tentang Pancasila dan Kebhinnekaan Sebagai Kekuatan Negara Kesatuan Republik Indonesia)

2020 ◽  
Vol 8 (01) ◽  
pp. 19
Author(s):  
Rudi Santoso ◽  
Agus Hermanto
Keyword(s):  
Study Data ◽  
The State ◽  
Literature Study ◽  
Unitary State ◽  
The People ◽  
Approach Method ◽  
Unity In Diversity ◽  
Younger Generation ◽  
The Republic ◽  
The Many

The many threats of radicalization in the middle of society, the demonstration actions that often ask for the application of certain ideologies within the state of Indonesia, the conflict between ethnic, religious, racial and custom makes the tranquility of Bhinneka Tunggal Ika society to be threatened and the erosion of values Pancasila among the younger generation that endanger the survival of the Indonesian nation.The problem of this research is how the Political Law of the State in the concept and context of Pancasila and Diversity in defending the Unitary State of the Republic of Indonesia and How the Strength of the Unitary State of the Republic of Indonesia Based on Pancasila and Unity in Diversity and How Radicalism and Threat Against the Unity of the Unitary Republic State Indonesia.This research uses normative juridical approach method, then data collection procedure is done by literature study, data processing procedure is done by data classification, data inventory, systematization of data, and data analysis is done by qualitative method.The result of the research, the politics of constitutional law in the concept and context of Pancasila and Diversity in defending the Unitary State of the Republic of Indonesia in accordance with the nationalist ideology set forth in the 1945 Constitution, the power of the Unitary State of the Republic of Indonesia based on Pancasila and Diversity is based on the strength of local wisdom from all elements of the nation Indonesia, radicalism and threats to the unity of the Unitary State of the Republic of Indonesia through the strengthening of national insight among the younger generation and the people and leaders of the nation and state apparatus.Suggestion in this research, expected to government can reinforce study of nationality and education of Pancasila and Diversity, to Indonesian society.

scholarly journals Board Communities in Formation of Qanun Regional in Aceh Parliament

2020 ◽  
Vol 9 (1) ◽  
pp. 29-39
Author(s):  
S. Amirulkamar ◽  
Ismail
Keyword(s):  
Human Rights ◽  
The State ◽  
General Election ◽  
Government Official ◽  
Regional Government ◽  
Unitary State ◽  
The Status ◽  
The Republic ◽  
The Government ◽  
Government Authority

The Government system of the Unitary State of the Republic of Indonesia according to the 1945 Constitution of the Republic of Indonesia recognizes and respects special or special regional government units (Special in the Religious Field, Special in the Field of Education and Special in the Customary Field) regulated by Constitution. In this case the Regional People's Representative Council (DPRD), which is abbreviated as DPRD, but names Aceh as a Provincial Region in the Unitary State of the Republic of Indonesia system based on the 1945 Constitution of the Republic of Indonesia and the title of elected government official will be determined by the DPRA after the 2009 general election. This is only a change in the legal nomenclature with the status remains in the position of Aceh Privileges. This long journey is the existence of the Council community in the formation of the Regional Qanun in the Aceh Parliament in the form of a legislative body as one of the tools of the DPRA that manages the formation of the Regional Qanun which is carried out jointly with the Regional Head. This is done with the delegation of government authority to the Regional Regions as a political tool in the struggle for human rights and the rights of social aspirations, as well as the Aceh People's Representative Council or the Aceh DPR as a nomenclature of legislative institutions in regions that have legitimated importance in governance. The regulation of laws and regulations in Indonesia as a constitutional basis for the 1945 Constitution of the Unitary State of the Republic of Indonesia article 18B paragraph (1) states that "the State recognizes and respects special or special regional government units that are regulated by laws invite.

scholarly journals KEDUDUKAN HUKUM HAK ULAYAT MASYARAKAT HUKUM ADAT DIHUBUNGKAN DENGAN OTONOMI DAERAH (STUDI DI KECAMATAN HARIAN KABUPATEN SAMOSIR)

2021 ◽  
Vol 29 (2) ◽  
pp. 125
Author(s):  
Mangapul Marbun
Keyword(s):  
Indigenous Peoples ◽  
The State ◽  
Customary Law ◽  
Regional Government ◽  
Legal Certainty ◽  
Regional Autonomy ◽  
Community Rights ◽  
Customary Rights ◽  
The Republic ◽  
The Government

The position of the customary rights of the customary law community in the Toba Batak community, namely the rights owned by a clan (State land), controlled, managed, utilized, the land and its contents for the needs of the citizens / descendants of the partnership as collective property that can be passed down from generation to generation (geneological) based on customary law. The UUPA recognizes the position of the ulayat rights of the customary law community in a formal juridical manner with discussion if in reality it still exists and does not conflict with the interests of the national, nation and state. The 1945 Constitution of the Republic of Indonesia Article 18-B paragraph (2), Article 28-I paragraph (3) The State recognizes and respects the customary public and their traditional rights as long as they are still alive. The cultural identity of traditional community rights is respected in accordance with the times and civilizations. The position of the customary rights of the Batak Toba community (land marga) in this study is still not as expected, in regulating and protecting laws from the past to the present, regulation and protection are still based on local customary laws. In Law No. 23/2014/9/2015 concerning Regional Government grants the authority of rights and responsibilities to provincial, regency / city governments to regulate and manage their own regions, one of the areas of defense based on the widest possible regional autonomy. The authority, rights and responsibilities of regional governments in regulating and protecting, managing their own ulayat rights (clan land) in certain areas are also in line with Presidential Decree No. 34 regarding policies in the defense sector, one of which is stipulation and is also in line with the government regulation of the Republic of Indonesia No. 38 Year 20007 concerning the Division of Government Affairs between the government and the Provincial Government of the Regency / City Government as a government affair which becomes the authority of the regional government towards the position of the ulayat rights of the customary law community in certain areas. In this study, in the Daily District of Samosir Regency. The authority, rights and obligations of Regional Government through stipulation in the form of Regional regulations have not been implemented, especially regarding local clan lands (ulayat rights of indigenous peoples). Therefore, this problem needs to be researched to get a true picture of the status of customary community rights in relation to regional autonomy in the Daily District of Samosir Regency. The results of this study, in the Samosir Kewenagan Regency Daily sub-district, the rights and obligations of regional government, it turns out that Tanah Marga (Hak Ulayat) is still regulated by local customary law, in fact the local government has the authority, rights and obligations to regulate and protect Ulayat Rights (Tanah Marga). certain by stipulation in the form of regional regulations, with the aim of providing legal certainty and benefits for the customary law community. Based on the research, it shows that the Land of Marga / Ulayat Rights of Indigenous Peoples in Harian District, generally in Samosir Regency, both horizontally and vertically until this research was conducted, there has been no settlement of certain customary rights of customary communities, in other words conflict resolution is still stagnant. The government needs to immediately establish the customary rights of customary communities in the form of a law. To ensure legal certainty / benefit and justice for all certain Customary law communities. Because ulayat rights are basically still found and still live according to the civilization of the Batak Toba people in the Daily District of Samosir Regency, which does not conflict with the development and interests of the Nation and the State.

scholarly journals Pengakuan dan Perlindungan Hukum Terhadap Eksistensi Pemerintahan Adat

SASI ◽  
2020 ◽  
Vol 26 (2) ◽  
pp. 188 ◽  
Author(s):  
Jenny Kristiana Matuankotta
Keyword(s):  
Indigenous Peoples ◽  
The State ◽  
Customary Law ◽  
Legal Recognition ◽  
Regional Policies ◽  
Unitary State ◽  
The Republic ◽  
Research Show

The existence of Customary Law Communities in Indonesia, including Customary Law Communities in the State of Eti, West Seram Regency is a fact in the life of the nation and the State in the Unitary State of the Republic of Indonesia. The existence of the Customary Law Community, including its Customary Government system, should also receive legal recognition and protection in accordance with constitutional recognition as regulated in the 1945 Constitution of the Republic of Indonesia Article 18B Paragraph (2). The results of the research show that although the existence of constitutional communities has been recognized constitutionally by the State, the implementation of regional policies related to the recognition and protection of indigenous peoples including their customary government has not been recognized in regional regulations that contain such recognition.

Pecalang Existence in Keeping Public Order and Safety of Pakraman on the Celebration of Nyepi in Bali

2016 ◽  
Vol 3 (9) ◽  
pp. 8
Author(s):  
Ni Nyoman Juwita Arsawati
Keyword(s):  
Physical Environment ◽  
Task Force ◽  
The State ◽  
Provincial Government ◽  
Customary Law ◽  
Public Order ◽  
Cultural Environment ◽  
Regional Government ◽  
International Scope ◽  
The Republic

Constitution of the Republic of Indonesia 1945 on Regional Government, especially in Article 18 and paragraph (2) states that "the state recognizes and respects units of customary law communities along with their traditional rights as long as they still live, and in accordance with the development of society and the principles of the Republic of Indonesia, which is regulated by law ". In response to these provisions, the Bali provincial government released Regional Law 3 of 2003 on Pakraman and Customs Agency by sticking to the philosophy of "Tri Hita Karana". In maintaining security and public order Pakraman in Bali, a task force was formed traditionally called "pecalang", which means "celang" (the sharpness of the senses). Pecalang becomes one device of Pakraman, due to the formation through village Paruman (meeting) based on the teachings of Hinduism. Not all citizens can be pecalang of Pakraman, but the election is carried out by village prajuru based on Paruman stated in the villages "awig awig" (law). Therefore, based on the concept of "ngayah" (not  paid), a pecalang in any activities is related to customs, religion, and other activities with  national and international scope, are required to participate in maintaining security and order of Pakraman, the area where pecalang domiciled. Especially on Nyepi, pecalang in maintaining security and order in each Pakraman both the physical environment, socio-cultural environment, including the behavior of the villagers, still do a good cooperation with the police of state and the entire community in Pakraman with coordination on any activities carried out.

PROSPEK PEMBENTUKAN DAERAH ISTIMEWASUMATERA BARAT DALAM KORIDOR NEGARAKESATUAN REPUBLIK INDONESIA

2018 ◽  
Vol 1 (2) ◽  
pp. 335-359
Author(s):  
Ridwan Putra
Keyword(s):  
Research Approach ◽  
Regional Government ◽  
Management Procedures ◽  
West Sumatra ◽  
Special Area ◽  
Approach Method ◽  
Last Stage ◽  
The Republic ◽  
New Institutions ◽  
Special Region

The State recognizes and respects special or special regional government units regulated by law, then indigenous and tribal peoples and their traditional rights as long as they are alive and in accordance with the developments and principles of the Unitary State of the Republic of Indonesia. The legal basis of this special area is regulated in Article 18B of the 1945 Constitution. The problems studied in this paper are: first, what is the rationale for the establishment of special region of West Sumatra. Second, what is the prospect of establishing a special region of West Sumatra based on the Indonesian constitution. In this research, approach method used is normative juridical. Based on the results of the study and discussion it is concluded that: first, the rationale for the establishment of this special region of West Sumatra is Article 18B of the 1945 Constitution which gives an opportunity to regions that have special or special characteristics with the record of such specificity is still cultivated / the culture is still alive today. Second, the prospect of establishing a special region of western Sumatra based on the Indonesian constitution is: Conceptualization Stage, Formulation of basic concepts around West Sumatra's special region, key reasons, desired community form, community management procedures to achieve the ultimate goal (all materials for manuscript academic and Draft Law of the Province of West Sumatera Special Region Legislation Stage (by legislatures and state officials) Drafting of the Special Province Provincial Law of West Sumatra, the elaboration of the law into a series of implementing regulations such as regional regulations (PERDA) up to jutlak / field in the field for implementing up to the nagari regulations Institutional stage, Stage change of institution or SKPD (work unit of local government) up to institutions in Nagari, or establishment of new institutions / work units according to law and regulations, and the last stage of socialization.

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