Harmonisasi terhadap Peraturan Daerah No. 14 Tahun 2006 tentang Pengelolaan Pelestarian Kawasan Konservasi Laut Daerah dalam Perlindungan Pulau Pariwisata Kabupaten Indramayu

2019 ◽  
Vol 1 (2) ◽  
pp. 142
Author(s):  
Saiful Kholik ◽  
Imas Khaeriyah
Keyword(s):  
Rule Of Law ◽  
Local Governments ◽  
Environmental Law ◽  
Policy Formulation ◽  
Marine Conservation ◽  
Environmental Damage ◽  
Conservation Area ◽  
The Rule Of Law ◽  
The Government ◽  
The Impact

Inconsistency Regional Regulation No.14 of 2006 about marine conservation area of the island of Biawak, Gososng, which Cendekian provides protection but in fact failed to provide protection as evidenced by dredging island sandbar and cendekian conducted PT.Pertamina UP VI Balongan INDRAMAYU. The problem in this research How Formulation Policy Act No. 10 Year 2009 on the Indonesian Tourism with the Indramayu Regional Regulation No. 14 of 2006 regarding marine conservation area of the island of Biawak, Gososng, Cendekian And How Harmonization Act No. 10 of 2009 with the Indramayu Regional Regulation No. 14 of 2006 regarding formulation Act No. 10 Year 2009 on the Indonesian Tourism with the Indramayu Regional Regulation No. 14 of 2006 about marine conservation area of the island of Biawak, Gososng, Cendekian, the purpose of this research to understand and analyze the extent to which policy The findings of the community or field of law local governments about the environmental damage done by companies or individuals are not equal accordance with regional regulations in force, nor the Law in force so that the function of law in society indramayu not fit the mandate to establish a change and justice based Formulation public corporate criminal liability.Inskonsitensi happens to local regulation No.14 of 2006 makes no harmonized with the regulations of each other so that the impact of this inskonsistensi makes the sector particularly environmental law enforcement get uncertainties that result in coastal communities Indramayau.Conclusion Harmonization of regulations of the center and regions delivering the policy formulation of the rule of law area to comply with the regulations above in order to avoid inconsistency, the occurrence of this inconsistency resulted in the rule of law and justice for the indramayu, suggestion that the government should was nearly revise regulations related area, especially the government must dare to take action to give effect to the perpetrator deterrent effect rule-based running as well as possible.

Harmonisasi terhadap Peraturan Daerah No. 14 Tahun 2006 tentang Pengelolaan Pelestarian Kawasan Konservasi Laut Daerah dalam Perlindungan Pulau Pariwisata Kabupaten Indramayu

2019 ◽  
Vol 1 (2) ◽  
pp. 142
Author(s):  
Saiful Kholik ◽  
Imas Khaeriyah
Keyword(s):  
Rule Of Law ◽  
Local Governments ◽  
Environmental Law ◽  
Policy Formulation ◽  
Marine Conservation ◽  
Environmental Damage ◽  
Conservation Area ◽  
The Rule Of Law ◽  
The Government ◽  
The Impact

Inconsistency Regional Regulation No.14 of 2006 about marine conservation area of the island of Biawak, Gososng, which Cendekian provides protection but in fact failed to provide protection as evidenced by dredging island sandbar and cendekian conducted PT.Pertamina UP VI Balongan INDRAMAYU. The problem in this research How Formulation Policy Act No. 10 Year 2009 on the Indonesian Tourism with the Indramayu Regional Regulation No. 14 of 2006 regarding marine conservation area of the island of Biawak, Gososng, Cendekian And How Harmonization Act No. 10 of 2009 with the Indramayu Regional Regulation No. 14 of 2006 regarding formulation Act No. 10 Year 2009 on the Indonesian Tourism with the Indramayu Regional Regulation No. 14 of 2006 about marine conservation area of the island of Biawak, Gososng, Cendekian, the purpose of this research to understand and analyze the extent to which policy The findings of the community or field of law local governments about the environmental damage done by companies or individuals are not equal accordance with regional regulations in force, nor the Law in force so that the function of law in society indramayu not fit the mandate to establish a change and justice based Formulation public corporate criminal liability.Inskonsitensi happens to local regulation No.14 of 2006 makes no harmonized with the regulations of each other so that the impact of this inskonsistensi makes the sector particularly environmental law enforcement get uncertainties that result in coastal communities Indramayau.Conclusion Harmonization of regulations of the center and regions delivering the policy formulation of the rule of law area to comply with the regulations above in order to avoid inconsistency, the occurrence of this inconsistency resulted in the rule of law and justice for the indramayu, suggestion that the government should was nearly revise regulations related area, especially the government must dare to take action to give effect to the perpetrator deterrent effect rule-based running as well as possible.

scholarly journals The Problem And Its Impacts Of Mangrove Rehabilitation In Karangsong

2018 ◽  
Vol 73 ◽  
pp. 04016
Author(s):  
Fatimatuzzahroh Feti ◽  
Hadi Sudharto P
Keyword(s):  
Community Development ◽  
Local Governments ◽  
Mangrove Forest ◽  
Forest Area ◽  
Coastal Development ◽  
Conservation Area ◽  
Mangrove Rehabilitation ◽  
The Government ◽  
The Impact ◽  
Mangrove Conservation

Efforts to conserve coastal abrasion areas due to the overlapping of coastal development that causing in the overcapacity of environmental carrying capacity can be done among others by rehabilitating mangroves. Community development is an approach to help society by analyzing their problems and finding their solutions. Some studies show that mangrove rehabilitation be successful with a community development approach. However there is a new problem when the success of mangrove rehabilitation in Karangsong began to be claimed by one of the parties from several stakeholders who involved in mangrove rehabilitation activities. Beside that, problems arise from local governments claiming ownership of mangrove rehabilitation areas. The transfer of ownership is feared to threaten the sustainability of the mangrove forest area because the mangrove forest area is also an ecotourism, should be damaged conservation areas because it only focuses only on ecotourism. This paper reviews how the impact of one-sided claiming of one of the stakeholders and also the transfer of ownership of mangrove conservation area. To achieve the sustainability of the mangrove conservation area is needed regulation that not only benefits the government but also must involve the community in making the policy. In addition to the importance of sustainability of mangrove conservation is the main thing in conservation efforts.

US-Nicaragua relations may sour post-election

2016 ◽  
Keyword(s):  
Rule Of Law ◽  
House Of Representatives ◽  
Content Type ◽  
The Rule Of Law ◽  
International Funding ◽  
The Us ◽  
Legislative Proposal ◽  
The Government ◽  
The Impact ◽  
International Financing

Subject The impact of the Nicaraguan Investment Conditionality Act. Significance In late September, the US House of Representatives approved a new legislative proposal called the Nicaraguan Investment Conditionality Act (NICA). The NICA is designed to prevent the government of President Daniel Ortega from gaining access to international financing until he introduces reforms "that promote democracy, strengthen the rule of law, respect human rights, and celebrate free, fair, and transparent elections supervised by electoral observers." Impacts US-Nicaragua relations will deteriorate further, particularly if Washington criticises an Ortega victory in November. The lack of international observers at the polls will exacerbate concerns, lending weight to US efforts to curtail international funding. Protests against the Nicaragua canal will increase, with many using them to express their general opposition to the Ortega government.

scholarly journals AN OVERVIEW OF THE RULE OF LAW VALUES WITHIN MALAYSIA'S ANTI-TERROR LAW: A LEGAL PERSPECTIVE FROM INDIA AND THE UNITED KINGDOM

2017 ◽  
Author(s):  
Ho Peng Kwang ◽  
Johan Shamsuddin Bin Hj Sabaruddin ◽  
Saroja Dhanapal
Keyword(s):  
United Kingdom ◽  
National Security ◽  
Rule Of Law ◽  
High Price ◽  
New Paradigm ◽  
The Rule Of Law ◽  
Security Issues ◽  
The United Kingdom ◽  
The Government ◽  
The Impact

Abstract: Changes in the legislative framework in response to terrorist threats in Malaysia, India and the United Kingdom since the 9/11 attacks have witnessed the integration of national security issues and criminal justice to form part of the extraordinary security laws passed by the authorities. This integration has rested on the premise that terrorism is an unprecedented threat and so it requires legislation tailored to what has been called as a ‘new paradigm in prevention. The criminal law has largely, though not exclusively, focused only on dealing with crimes that have already  taken  place. However, the reason for the shift in states emphasis towards prevention in counter-terrorism is that terrorism is an extraordinary threat that calls for a special response. A unique theme of most anti-terror legislations is focusing on what is referred to by the government as ‘prevention’ - hoping to foil foreseeable attacks from the terrorists. However, the key concern is the impact on the Rule of Law values when applying the anti-terror laws. This article argues that the preventive methods adopted by Malaysia, India and the United Kingdom are  effective in forestalling terrorist activities to  a certain extent, but often this comes at a high price to pay when individual human rights are sacrificed along the way. Further, anti-terror legislation has degraded the Rule of Law values in response to terrorism threat or national security.   Keywords: Rule of Law, Terrorism; National security; Preventive detention; POTA 2015.   Abstrak: Perubahan dalam struktur perundangan sebagai tindak balas kepada ancaman keganasan di negara seperti Malaysia, India dan United Kingdom selepas serangan  9/11  menyaksikan isu keselamatan negara dan undang-undang jenayah telah diintegrasikan untuk membentuk satu undang-undang keselamatan baharu yang agak luar biasa yang diiktiraf oleh pihak berkuasa. Integrasi ini berlandaskan premis bahawa keganasan ialah satu ancaman yang dipandang serius dan memerlukan undang-undang yang bersesuaian untuk membendungnya yang dirujuk sebagai satu ‘paradigma baharu pencegahan’. Pada lazimnya, undang-undang jenayah hanya tertumpu kepada menangani jenayah yang telah berlaku dan tidak memberi tumpuan kepada jenayah yang bakal dilakukan oleh pengganas. Oleh sebab itu, satu perubahan telah dilihat apabila penekanan terhadap pencegahan dalam membendung keganasan oleh negara-negara yang dikaji adalah kerana keganasan dianggap sebagai ancaman luar biasa dan memerlukan tindak balas khas. Dalam undang-undang antikeganasan, tema unik yang diberi perhatian oleh kerajaan adalah kepada langkah pencegahan dengan  harapan  ia  dapat  mematahkan  cubaan  serangan yang dirancang oleh pihak pengganas. Walau bagaimanapun, keprihatinan utama ialah kesan ke atas peraturan Undang-undang apabila undang-undang antikeganasan dilaksanakan. Artikel ini berpendapat bahawa kaedah pencegahan yang diterima pakai  oleh negara seperti Malaysia, India dan United Kingdom berkesan dalam menghalang kegiatan pengganas pada tahap tertentu, tetapi malangnya selalu melibatkan pengorbanan hak asasi individu. Tambahan pula, undang-undang antikeganasan telah menggugat nilai-nilai peraturan undang-undang susulan daripada tindak balas yang diambil terhadap ancaman daripada keganasan atau untuk keselamatan negara.   Kata Kunci: Peraturan undang-undang; Keganasan; Keselamatan negara; Tahanan pencegahan; POTA 2015

scholarly journals STRATEGI GERAKAN KELOMPOK KEPENTINGAN DALAM PENGAWASAN PENGENDALIAN PEMANFAATAN RUANG KAWASAN BANDUNG UTARA

2016 ◽  
Vol 1 (2) ◽  
Author(s):  
Novie Indrawati Sagita
Keyword(s):  
Interest Groups ◽  
Public Awareness ◽  
Acquired Resistance ◽  
Qualitative Approach ◽  
Environmental Damage ◽  
Opinion Formation ◽  
Conservation Area ◽  
The Government ◽  
Socio Economic Impact ◽  
The Impact

North Bandung area (KBU) is designated as a conservation area to protect the natural environment for the activities of life and urban development in the surrounding region. KBU become a magnet of the owners of capital to invest in the region to build a residential and tourism facilities. Development in KBU has acquired resistance from interest groups as deemed to have caused environmental damage and socio-economic impact to the surrounding community. Development in KBU clearly violate local regulations No. 1 of 2008, where every building permit (IMB) issued by the district/city must have a recommendation from the governor, but the deviations of licensing as a collusion of the government of officials and the owners of capital continue. This research method using descriptive qualitative approach, which describes and analyzes the licensing irregularities in the construction of KBU. The results showed that the strategy of interest groups have not been effective in pressuring the government to stop granting licenses and prevent development in KBU. Movement of the interest groups need to be winning support through the formation of opinion in a way to build public awareness about the impact of environmental degradation as a result of development at KBU. Opinion formation is considered to be more effective when these efforts were supported by the help of the mass media in disseminating the opinion. 

DEKADENSI PEMILIHAN HAKIM AGUNG OLEH DPR RI

2020 ◽  
Vol 14 (1) ◽  
pp. 73-104
Author(s):  
Rustam Magun Pikahulan
Keyword(s):  
Supreme Court ◽  
Rule Of Law ◽  
House Of Representatives ◽  
Good Governance ◽  
Constitutional Court ◽  
Due Diligence ◽  
The Rule Of Law ◽  
The Supreme Court ◽  
Institutional Status ◽  
The Government

Abstract: The Plato's conception of the rule of law states that good governance is based on good law. The organization also spreads to the world of Supreme Court justices, the election caused a decadence to the institutional status of the House of Representatives as a people's representative in the government whose implementation was not in line with the decision of the Constitutional Court. Based on the decision of the Constitutional Court No.27/PUU-XI/2013 explains that the House of Representatives no longer has the authority to conduct due diligence and suitability (elect) to prospective Supreme Judges proposed by the Judicial Commission. The House of Representatives can only approve or disapprove candidates for Supreme Court Justices that have been submitted by the Judicial Commission. In addition, the proportion of proposed Supreme Court Justices from the judicial commission to the House of Representatives (DPR) has changed, whereas previously the Judicial Commission had to propose 3 (three) of each vacancy for the Justices, now it is only one of each vacant for Supreme Court Judges. by the Supreme Court. The House of Representatives no longer has the authority to conduct due diligence and suitability (elect) to prospective Supreme Judges proposed by the Judicial Commission. The House of Representatives can only "approve" or "disagree" the Supreme Judge candidates nominated by the Judicial Commission.

Is Xenophobic Violence and Criminality Systemic in Post-Apartheid South Africa? A Critical Analysis of Growing Denialism to 2015 Incidents

Politeia ◽  
2018 ◽  
Vol 37 (1) ◽  
Author(s):  
Mbekezeli Comfort Mkhize ◽  
Kongko Louis Makau
Keyword(s):  
South Africa ◽  
Rule Of Law ◽  
Critical Analysis ◽  
Hate Crime ◽  
International Organisations ◽  
Foreign Nationals ◽  
The Rule Of Law ◽  
South Africans ◽  
Structural Problems ◽  
The Government

This article argues that the 2015 xenophobic violence was allowed to spread due to persistent inaction by state officials. While the utterances of King Goodwill Zwelithini have in part fuelled the attacks, officials tend to perceive acts of xenophobia as ordinary crimes. This perception has resulted in ill-advised responses from the authorities, allowing this kind of hate crime against foreign nationals to engulf the whole country. In comparison with similar attacks in 2008, the violent spree in 2015 is characterised by a stronger surge in criminal activities. The militancy showcased fed a sense of insecurity amongst foreigners, creating a situation inconsistent with the country’s vaunted respect for human rights and the rule of law. Investors lost confidence in the country’s outlook, owing in part to determined denialism in government circles regarding the targeting of foreigners. While drawing from existing debates, the article’s principal objective is to critically examine the structural problems that enable xenophobia to proliferate and the (in)effectiveness of responses to the militancy involved in the 2015 attacks. Of particular interest are the suggested responses that could be effective in curbing future violence. The article concludes that xenophobia is systemic in post-apartheid South Africa. Strong cooperation between the government, national and international organisations could provide the basis for successful anti-xenophobia measures. The article further argues that the country is obliged to find a sustainable solution to the predicament for humanitarian reasons firstly, and in recognition of the support South Africans received from its African counterparts during the liberation struggle.

Lawyers as Activists

2018 ◽  
Author(s):  
Michael C. Dorf ◽  
Michael S. Chu
Keyword(s):  
United States ◽  
Social Media ◽  
Social Change ◽  
Civil Rights ◽  
Rule Of Law ◽  
The United States ◽  
The Rule Of Law ◽  
Court Action ◽  
The Government ◽  
Trump Administration

Lawyers played a key role in challenging the Trump administration’s Travel Ban on entry into the United States of nationals from various majority-Muslim nations. Responding to calls from nongovernmental organizations (NGOs), which were amplified by social media, lawyers responded to the Travel Ban’s chaotic rollout by providing assistance to foreign travelers at airports. Their efforts led to initial court victories, which in turn led the government to soften the Ban somewhat in two superseding executive actions. The lawyers’ work also contributed to the broader resistance to the Trump administration by dramatizing its bigotry, callousness, cruelty, and lawlessness. The efficacy of the lawyers’ resistance to the Travel Ban shows that, contrary to strong claims about the limits of court action, litigation can promote social change. General lessons about lawyer activism in ordinary times are difficult to draw, however, because of the extraordinary threat Trump poses to civil rights and the rule of law.

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