scholarly journals LAW ENFORCEMENT OF THE BANDUNG REGIONAL REGULATIONS ON THE ORDERLINESS, CLEANLINESS, AND THE BEAUTY

2017 ◽  
Vol 1 (1) ◽  
pp. 093
Author(s):  
Yesmil Anwar ◽  
Sigid Sigid Suseno ◽  
Nella Sumika Putri
Keyword(s):  
Law Enforcement ◽  
Traffic Congestion ◽  
Comparative Method ◽  
Development Planning ◽  
Regional Government ◽  
Social Culture ◽  
Planning Agency ◽  
Compliance Level ◽  
The Law ◽  
The Government

The Number of sidewalk vendors in Bandung has reached 11,000 with no decline in growth according to the survey conducted by Indonesian University of Education/ Universitas Pendidikan Indonesia (UPI) in collaboration with Badan Perencanaan dan Pembangunan Daerah (Bappeda or regional development planning agency) Bandung. Sidewalk vendor is one of the main contributors to the dirtiness and traffic congestion in Bandung. Bandung has passed a Regional Regulation Numbered 3 and 5 about Cleanliness, Orderliness and the Beauty to prevent and to build the  sidewalk vendors. However, lack of legal awareness and law enforcement may constrain the effectiveness of the regulation. Those regulations are particularly Bandung Regional Regulation Numbered 4/ 2011 concerning sidewalk vendors in which imposing high fine sanction not only for the seller but also for the buyer to prevent them from violating those regulations. To analyze the the compliance level of society and the effectiveness of fine sanction for the violation of regulations, this research used juridical normative approach and comparative method by comparing the regulation in Bandung with other Regional regulations related to sidewalk vendors in other cities in Indonesia such as in Surakarta and Surabaya. This research found that the law enforcement to the violation of sidewalk vendors regulation in Bandung city is not optimum due to lack of awareness to obey the law. The criminal sanction such as fine and forced fees are not able to prevent the violation of sidewalk vendors regulations. This research suggest that The Regional government of Bandung City: (1) needs to find a right model to keep sidewalk vendors in order by looking at the characteristics of the society and its social culture; (2) needs to search for a way to increase society’s compliance to any policies made by the government; and (3) needs to revise the current regulation

scholarly journals IPTEKS PROSES PENYUSUNAN ANGGARAN SEKTOR PUBLIK PADA BADAN PERENCANAAN PEMBANGUNAN, PENELITIAN DAN PENGEMBANGAN DAERAH (BAPELITBANGDA) KOTA MANADO

2018 ◽  
Vol 2 (02) ◽  
Author(s):  
Fanda J. Mentang ◽  
Nitha E. Makaminang ◽  
David P.E. Saerang
Keyword(s):  
Public Sector ◽  
Research And Development ◽  
Development Planning ◽  
Regional Government ◽  
Regional Research ◽  
Public Sector Organization ◽  
Planning Agency ◽  
The Government ◽  
The City ◽  
Budgeting Process

The Development Planning Agency, Regional Research and Development of the City of Manado is a body that assists the Mayor in supporting government affairs in the fields of planning, research and development. In each program and activity requires funds, to see good financial use, a good budgeting process is needed that is in accordance with the guidelines in legislation which can reduce the risk of ineffective use of the budget. The purpose of the study was the Bapelitbangda of Manado city to provide information on how the government adhered to every regulation and policy regarding budgeting to create an accountability public sector organization. In accordance with Minister of Home Affairs Regulation No. 33 of 2017 concerning budgeting guidelines where Bapelitbangda is quite effective in implementing every rule and policy of regional government in terms of budgeting.Keywords: public sector budgeting process, Bapelitbangda Manado City

Penerapan Hukum Wakaf Uang di Indonesia Perspektif Legal System Theory

2018 ◽  
Vol 11 (1) ◽  
pp. 79-92 ◽  
Author(s):  
Masdar Masdar
Keyword(s):  
System Theory ◽  
Law Enforcement ◽  
Legal System ◽  
Legal Culture ◽  
Point Of View ◽  
Law Enforcement Agencies ◽  
Muslim Society ◽  
The Law ◽  
The Government

Cash waqf in Indonesia has been long enough implemented based on some rules enacted by government and other rules defined by The Waqf Board of Indonesia (BWI). However, the implementation of cash waqf has not reached the level of success. Therefore, this article studies the application of cash waqf law in Indonesia according to Friedman’s legal system theory. The legal system theory of Friedman firstly looks at the substance of the law, which is the rules or regulations; and secondly it examines the structure of the law, encompassing the law enforcement agencies, such as judge, prosecutor, police and legal counselors. And lastly the theory examines the element of legal culture, which is a response from Muslim society. The first two examinations indicate that there is nothing to be a problem. But from the last examination there is a problem regarding the trust from Muslim society. From the legal culture point of view, the implementation of cash waqf by the government, which is performed by BWI, needs attracting society’s credentials in order to improve and maximize the performance of cash waqf in Indonesia.

scholarly journals Misconception on the Authority Abuse of Power in the Law Enforcement against Corruption

2017 ◽  
Vol 13 (9) ◽  
pp. 51
Author(s):  
Sadjijono Sadjijono ◽  
Bagus Teguh Santoso
Keyword(s):  
Law Enforcement ◽  
Good Governance ◽  
Government Officials ◽  
Legal Concept ◽  
Abuse Of Power ◽  
Government Administration ◽  
The Absolute ◽  
The Law ◽  
The Government ◽  
Administrative Jurisdiction

Law No. 30/ 2014 on Government Administration brings the strength and the averment on the performance of the governmental functions which include executive, legislative, and juridical in order to provide the public services (bestuurzorg). Such regulation also aims to prevent and to eliminate any kinds of the maladministration done by the government officials/organs in implementing their functions so that good governance can be realized. In implementing their function, the government should rely on the useful performance (doelmatigheid) and the effectiveness (doeltreffenhgeid) according to the norms of each authority. It is a sophism when the ‘authority’ and/or the ‘competence’ mentioned under the Law No. 30/ 2014 on Government Administration are defined differently in the letterlijk gramatikal wet without associating those terms with an understanding of bevoegheid in an administrative legal concept. An idea that distinctively defines the term ‘competence’ as a right and ‘authority’ as a power is considered as an inconsistent idea, which may cause dualism and distortion in the common law enforcement reffering to the administrative law, particularly related to the concept of the authority abuse of power mentioned under the Law No. 31/ 1999 amended by the Law No. 20/ 2001 on deeds against corruption. As the result, when the notion of ‘authority abuse of power’ is defined as a right (as mentioned in article 1, subsection 5 jo. article 17, Law No. 30/ 2014 on Government Administration), it will be characterized into the absolute competence of the administrative jurisdiction, and when the notion of ‘authority abuse of power’ is defined as a power (as mentioned in article 3, Law No. 31/ 1999 on deeds against corruption), it will be characterized into the absolute competence of the corruption-act jurisdiction. Meanwhile, implementing the government’s ‘competence’ and/or ‘authority’ is characterized into one concept based on the norms of the authority power.

scholarly journals Kedudukan Perempuan dalam Hukum Waris Adat Batak Toba

2018 ◽  
Author(s):  
Elpina
Keyword(s):  
Law Enforcement ◽  
Indigenous Peoples ◽  
Customary Law ◽  
Social Culture ◽  
Kinship System ◽  
Law Enforcement Officials ◽  
The Common ◽  
The Law ◽  
The Right ◽  
Political Economic

Customary law is the law of life (living low) that grow and develop in the midst of the community in accordancewith the development of society. Customary law who live in midst of ethnic Indonesia is very strategic to be knownand understood by law enforcement officials, legal observers and guidance in applying the appropriate legal andfair for Indonesian society. The common law does not give the right role and the same degree between men andwomen in life, social, culture, political, economic and domestic life and marriage property and inheritance.Landing directly above the law would cause problems among indigenous peoples, especially the indigenous peopleembrace patrilinieal or matrilineal kinship system, such as that experienced by the Batak people who mbracepatrilineal kindship systems knows in Toba Batak society is patrilineal system, which through the male lineage andis the next generation of his parents while girls not the generation of their parents, as a result of this system is veryinfluential on the position of girls in matters of inheritance.

scholarly journals Mekanisme Komisi Pemberantasan Korupsi dalam Proses Penyadapan dilihat dari Perspektif Hak Asasi Manusia (HAM)

JURNAL BELO ◽  
2020 ◽  
Vol 5 (2) ◽  
pp. 74-85
Author(s):  
Jennifer Ingelyne Nussy
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Human Dignity ◽  
Privacy Rights ◽  
The Law ◽  
The Government ◽  
Investigation Process ◽  
Do So

ABSTRACT Recognition and protection of a guarantee of human dignity to earn a respectable place in the eyes of the law and government. Related to the interests of law enforcement, the Corruption Eradication Commission (KPK) for the purpose of wiretapping evidence in court, while will protecting the privacyrights of suspects. Legal protections for the accused to be seen as matter of law adopted. Therefore, the protection of the privacy rights of a person to be seen in the investigation process. For the Commission to conduct wiretaps should see privacy rights as stipulated in the law and the government should establish a special set of rules that intercepts, thus providing the possibility for law enforcement has the authority to do so does not conflict with human rights.

scholarly journals REDISTRIBUTION OF REFORMA AGRARIA LAND OBJECT (TORA) IN SULAWESI TENGGARA PROVINCE, INDONESIA

2020 ◽  
Vol 4 (1) ◽  
pp. 31-34
Author(s):  
Rizma Aldillah
Keyword(s):  
Central Government ◽  
National Development ◽  
Animal Husbandry ◽  
Development Planning ◽  
Regional Government ◽  
Department Of Agriculture ◽  
Land Conflicts ◽  
Planning Agency ◽  
The People ◽  
True Purpose

The imbalance between the land supply and the need for land, has caused many problems, sometimes the problem is very difficult to find a solution. With the redistribution of the TORA program in the Southeast Sulawesi province, it helped to slow down the problem slowly. Problems that often occur in the TORA program are generally narrow and unequal land ownership, land conflicts, legal inconsistencies, and damage to natural resources. To that end, the implementation of landreform activities in support of the TORA program in Southeast Sulawesi Province is a synergy of programs from the Central Government which is coordinated with the local Regional Government, in this case the Forestry Service, Forest Area Strengthening Agency, National Land Agency, Regional Development Planning Agency, Cipta Karya Construction and Design, Department of Agriculture and Animal Husbandry in the Southern Province. So that the true purpose of the Agrarian Reform is to restructure the structure of ownership, use and utilization of agrarian resources, especially land by the state as the basis of national development to realize a more equitable agrarian structure for all Indonesian people, in this case the people of Southeast Sulawesi Province.

scholarly journals IMPLIKASI PERUBAHAN UNDANG-UNDANG PEMERINTAHAN DAERAH TERHADAP KEWENAGAN TATA KELOLA PEMANFAATAN ENERGI DAN SUMBERDAYA MINERAL OLEH PEMERINTAHAN DAERAH DI INDONESIA

2018 ◽  
Vol 4 (1) ◽  
Author(s):  
Rizky Setiawan
Keyword(s):  
Public Policy ◽  
Natural Resources ◽  
Policy Making ◽  
Mineral Resources ◽  
Regional Government ◽  
Public Policy Making ◽  
State Revenue ◽  
The Law ◽  
The Government ◽  
Environmentally Sound

This paper attempts to examine the authority of the Regional Government following the amendment of the Regional Government Law Number 32 of 2004 to Law No. 23 of 2014. The compilation of this paper is based on a review of Library and Legislation. One of the important points in the amendment of the Law on Regional Government relates to the authority of the Regional Government in the Management of Mineral Resources. The implications of the amendments to the Law on Regional Government include the decreasing authority of the Government of Tinggua II related to the granting of permits and supervision of the utilization of energy and natural resources in the area of regencies / cities in Indonesia. public policy making (public policy making). Energy and Mineral Resources have now played a very important role in the development of the Indonesian economy, which serves as one of the backbone of state revenue. The management of Natural Resources needs to be done optimally, efficiently, transparently, sustainably and environmentally sound, and equitable in order to gain the greatest benefit for the people's sustainable prosperity.  

scholarly journals The Law Enforcement Of The Employees Social Security System In Indonesia: A Game Theory Perspective

2019 ◽  
Vol 2 (2) ◽  
pp. 165-174
Author(s):  
Randy Amsyari ◽  
Fajrin Satria Dwi Kesumah
Keyword(s):  
Game Theory ◽  
Nash Equilibrium ◽  
Law Enforcement ◽  
Social Security ◽  
Social Security System ◽  
Security System ◽  
The Other ◽  
Subgame Perfection ◽  
The Law ◽  
The Government

Insurance for the workers means a guarantee of safety for their works on the workplaces. It is necessarily crucial as workers need such a policy that can protect them from the loss. Indonesian government declare a policy that enact the act about National Social Security System (SJSN). The companies are the subject of this regulation, despite the fact at the initial implementation of this law enforcement brought to the pros and cons. Hence, the regulation also regulates for those who betray the policy will have to pay some certain amount of fine which in turn can harden them. The companies on the other side have a choice either to register or not their workers to SJSN as they still consider the premium they have to pay. This study aims to analyze the payoffs for both government and companies to be better off from the law enforcement. Game theory perspective is applied for the methodology of the study, particularly Subgame Perfection Nash Equilibrium (SPNE) and Bayesian Nash Equilibrium (BNE). The results present that in condition of an effective law enforcement at p, the firms will be beneficial from the SJSN policy by registering their workers and pay the premium, because if they do not pay the premium they have to pay additional amount of fine. On the other hand, if the policy is not effective with 1-p, the firms will have an advantage by not registering their employees to the SJSN as the law enforcement is not effective. Also, the government does not necessarily conduct an investigation as the cost is higher than the return that they will get.

scholarly journals PERSIAPAN PEREMAJAAN KEBUN KELAPA SAWIT OLEH KUD SUKA MAJU DAN KUD BUKIT JAYA DI KABUPATEN DHARMASRAYA PROPINSI SUMATERA BARAT

2019 ◽  
Vol 2 (3) ◽  
pp. 134-144
Author(s):  
Melinda Noer ◽  
Ira Wahyuni Syarfi ◽  
Rafnel Azhari
Keyword(s):  
Regional Development ◽  
Oil Palm ◽  
Regional Planning ◽  
Development Planning ◽  
Medium Term ◽  
Planning Agency ◽  
West Sumatra ◽  
Program Plan ◽  
The Government ◽  
The Coordinator

Nationally, the program to rejuvenate oil palm has become a concern of the Government. It is supported by the policy of replanting grant funds using funds from the Oil Palm Plantation Fund Management Agency (BPDPKS), including West Sumatra Province. In Dharmasraya District, KUD Suka Maju received grant funds to realize replanting in 2019, while KUD Bukit Jaya was for realization in 2020. This paper describes the activities' results to the two KUDs in preparation for replanting oil palm using BPDPKS funds. The activity's objective is to encourage and revive the spirit of cooperation in the KUD and help accelerate the effective coordination among stakeholders in the replanting program in the district of Dharmasraya. In the context of broader regional development, particularly the development of sustainable oil palm plantations, this oil palm replanting program needs to involve stakeholders from the initial planning stages to implementation and evaluation. Coordination between related government agencies requires the participation of the Regional Development Planning Agency (Bappeda) as the coordinator of regional planning, and it is necessary to internalize the replanting program plan with all its aspects into the Office's Strategic Plan (Renstra) and the Regional Medium-Term Development Plan.

scholarly journals Frontline Response to High Impact Domestic Violence in Portugal

2021 ◽  
pp. 215-238
Author(s):  
Paulo Machado ◽  
Lúcia G. Pais ◽  
Sérgio Felgueiras ◽  
Carina Quaresma
Keyword(s):  
Domestic Violence ◽  
Law Enforcement ◽  
Criminal Law ◽  
High Impact ◽  
Law Enforcement Agencies ◽  
Social Transformations ◽  
National Network ◽  
The Law ◽  
The Government

There have been profound social transformations in Portugal in the last 50 years. Portugal currently adheres to the international and European agenda to prevent domestic violence. In the chapter the Portuguese legislation and the reporting figures regarding domestic violence, the role of the Law Enforcement Agencies, other first responder agencies, and pertinent stakeholders in responding to high impact domestic violence, as well as the National Network for the Support of Victims of Domestic Violence, are addressed. The authors also discuss good practices and significant challenges. Two of these are intertwined – none of them is quickly addressed, nor can they be addressed by themselves. One is developing a collective attitude that considers domestic violence as unacceptable behaviour, besides being punished by the criminal law. The other is directly posed to the law enforcement agencies and has to do with the increasing complexity of the operational procedures (derived from the new tools presented by the government recently). The problem of elites provoking social change on a superlative level is to forget that adopting new social models is not achieved by decree but through social influence processes, which takes time.

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