DYNAMICS OF HAJJ FINANCIAL MANAGEMENT REGULATION IN EFFORTS TO GOOD GOVERNANCE

Hajj financial management, especially within the scope of the Ummah Endowment Fund, has a dark record that must be corrected. Not only limited to investment, but the discourse of Hajj funds for infrastructure is also one of the government’s efforts so that Hajj funds can provide use-value. Legal certainty, justice, equality, prohibition of acting arbitrarily, and creating welfare and social cohesiveness in society are the principles of good governance. In Indonesia, to establish an orderly organization of Hajj, laws and regulations, government regulations, presidential regulations, and regulations for the Hajj Financial Management Agency have been made. As for the formulation of the problem in this paper, how are the dynamics of the financial management of Indonesian Hajj?, and how are the efforts to manage the Hajj finances based on good governance?. This research is library research, using a normative juridical method with a statutory approach. Some of the findings in this study indicate that regulations in the financial management of Hajj provide a polemic of its own so that it loses its identity and principle. Dualism of authority, inefficient management, and the potential for fraud are demands to fix the messy financial management of Hajj, towards good governance-based Hajj financial management.

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Cadastral Surveyor in Land Registration System in Indonesia: A Current Developments

Journal of Law and Legal Reform ◽

10.15294/jllr.v1i4.39889 ◽

2020 ◽

Vol 1 (4) ◽

Author(s):

Azis Djabbarudin

Keyword(s):

Community Participation ◽

Legal Certainty ◽

Government Regulations ◽

Registration System ◽

Land Registration ◽

Physical Data ◽

Main Activity ◽

A Current ◽

Laws And Regulations

The spearhead of collecting physical data in the process of land registration is the measurement activity carried out by the measurement officer or known as the Cadaster Surveyor. Cadastral measurement is the main activity that determines the quality of land data. One of the guarantees of legal certainty in land registration is the assurance of certainty of physical data consisting of data on the location of boundaries and area of land. This research is a descriptive qualitative normative juridical law study which analyzes the study of legal changes related to the role and expansion of the cadastral surveyor's authority in the land registration system. In an effort to realize the accuracy of physical data in the form of the location and size of land parcels to accelerate land registration and land services, it is necessary to expand the authority and a strong legal umbrella. The authority according to the prevailing laws and regulations is very limited. To extend the licensed surveyor's authority as a form of community participation in the land registration system, there are several strategic steps that must be taken, one of which is the change / revision of legislation related to the land registration system, namely the need for new articles or the addition of new paragraphs in certain articles on The Basic Agrarian Law and Government Regulations regarding land registration.

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Pertimbangan Putusan Hakim Perkara Harta Bersama di Pengadilan Agama Tembilahan

Al-Qadha ◽

10.32505/qadha.v8i2.2675 ◽

2021 ◽

Vol 8 (2) ◽

pp. 160-174

Author(s):

Azmil Fauzi Fariska

Keyword(s):

Islamic Law ◽

Legal Certainty ◽

Secondary Material ◽

Library Research ◽

Primary Reference ◽

Shared Property ◽

Data Collection Technique ◽

Research Decision ◽

Joint Property ◽

Laws And Regulations

This research was motivated by the decision of the Tembilahan Religious Court judges who decided the joint property case in which the judge decided the Plaintiff (husband) got 1/4 while the Defendant (wife) got 3/4 of the shared property. However, Article 97 in the Compilation of Islamic Law states that: "Widows or widowers are each entitled to half of the joint property as long as it is not stipulated otherwise in the marriage agreement." This research is in the form of library research using case No.0233/Pdt.G/2018/PA.Tbh, as the primary reference, while the secondary material in this paper consists of laws and regulations related to the object of the research decision No. 0233/Pdt.G/2018/PA.Tbh as well as books, journals, scientific works related to the object of research. The author's data collection technique uses interview techniques and study documents or library materials. The results of the verdict research are in accordance with the judge in deciding the case based on Legal Certainty (legal certainty) and Legal Justice (legal justice), legal certainty is what has been outlined by the laws and regulations, Compilation of Islamic Law, like this case according to legal certainty then the distribution it is the wife gets 1/2 and the husband also gets 1/2 then if only this which is applied rigidly in the case will reduce the values of justice itself, thus the judge in determining the joint property case uses Legal Justice.

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ESTABLISHING GOOD GOVERNANCE THROUGH VALUE IMPLEMENTATION OF MONEY PRINCIPLES IN PUBLIC PROCUREMENT POLICY CONTEXT

Jurnal Pembaharuan Hukum ◽

10.26532/jph.v8i2.15336 ◽

2021 ◽

Vol 8 (2) ◽

pp. 205

Author(s):

Vincensya Pingkan Meylinda Palar ◽

Kadek Cahya Susila Wibawa ◽

Solechan Solechan

Keyword(s):

Financial Management ◽

Good Governance ◽

Public Procurement ◽

Value For Money ◽

Procurement Policy ◽

Sustainable Procurement ◽

Legal Method ◽

Library Research ◽

Public Money ◽

The Right

This study aimed to review the application of Value for Money principles in public procurement policy to establish good governance in Indonesia. This research used a normative legal method using library research with legal and historical approaches. The results of this study showed that the implementation of Value for Money in public procurement policy is urgent to be applied, which is to encourage the good public procurement practice and produce the right goods/services based on quality, quantity, time, cost, location, and provider aspects; increase the efficiency of the use of public money, which can suppress budget leaks; improve the effectiveness of state financial management; improve the effectiveness and quality of public services; realize a clean government. Arrangements regarding Value for Money in public procurement policy are very clear by the application of e-procurement and utilization of e-marketplace; sustainable procurement; and the use of domestic products. This research also indicated the real relevance of the implementation of Value for Money principles in public procurement policy to establish good governance in Indonesia.

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PENYELESAIAN DEBITUR WANPRESTASI DALAM PERJANJIAN KREDIT JAMINAN FIDUSIA MENURUT UNDANG-UNDANG NO. 42 TAHUN 1999 TENTANG JAMINAN FIDUSIA

Solusi ◽

10.36546/solusi.v16i3.120 ◽

2018 ◽

Vol 16 (3) ◽

pp. 253-265

Author(s):

Asuan Asuan

Keyword(s):

Secondary Data ◽

Civil Code ◽

Legal Issues ◽

Legal Certainty ◽

Power Of Attorney ◽

Legal Research ◽

Government Regulations ◽

The Law ◽

Laws And Regulations

Type of research in doctrinal law or better known as normative legal research which is also called normative juridical (legal research) concerning the legal issues at hand. The approach to the law (statue approach) is carried out by examining the laws and regulations. In writing with primary and secondary data obtained from library materials namely Law No. 42 of 1999 concerning Fiduciary Guarantees, Law No. 10 of 1998 concerning Banking, Government Regulations, Civil Code, KUH Trade and literature, lecture materials and other sources related to credit agreements with fiduciary guarantees and problems in particular. In granting credit with fiduciary guarantees through the stages of the procedure for credit application and the making of a fiduciary deed at the notary who is registered with the Office of Fiduciary Registration to provide legal certainty for creditors (banks). Credit settlement process if the debtor is malicious, the bank is based on a substitution power of attorney from the debtor made a notariil Fiduciary deed and registered with the Fiduciary Office, the debtor makes a sale under the hands, the sale of collateral is voluntary, the result is submitted to the bank to repay the loan, the bank can conduct the auction in general and through the Court.

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Acceleration of Village Welfare through Bumdes: Disorientation of Implementation of Bumdes Regulations and Policies

Jurnal Penelitian Hukum De Jure ◽

10.30641/dejure.2021.v21.419-434 ◽

2021 ◽

Vol 21 (4) ◽

pp. 419

Author(s):

Rianda Dirkareshza ◽

Eka NAM Sihombing

Keyword(s):

Quantitative Approach ◽

Legal Certainty ◽

Legal Entity ◽

Qualitative And Quantitative ◽

Library Research ◽

Community Initiative ◽

The Government ◽

The Village ◽

Laws And Regulations

Village-Owned Enterprises (BUMDes) do not have legal certainty regarding their form of legal entity and it will make it difficult to meet the hope of all villagers to run businesses together in accordance with their characteristics, potential, and their respective resources. This research aims to provide input and solutions to the government to be able to accelerate the welfare of villages through BUMDes. The method used in this research is literary or library research by using normative juridical approach. In the processing of data, this journal used qualitative and quantitative approach. This research showed the result that there is disorientation in the implementation of BUMDes regulations and policies, such as: first, the incompatibility of village regulations with other laws and regulations. Second, the low community initiative in driving the village economy. Third, the vagueness of BUMDes position as a social and commercial institution. Fourth, policies that have not directed the professionalism of BUMDes. The solution in accelerating village welfare through BUMDes is to provide the flexibility of BUMDes in the form of legal entity as a bridge to be able to enlarge capital in the investment sector.

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ANALISIS YURIDIS MASA KERJA PADA PEGAWAI PEMERINTAH DENGAN PERJANJIAN KERJA

Mimbar Keadilan ◽

10.30996/mk.v14i2.4940 ◽

2021 ◽

Vol 14 (2) ◽

pp. 149-159

Author(s):

Arief Dwi Adyatma

Keyword(s):

Research Methods ◽

Good Governance ◽

The State ◽

Time Limit ◽

Legal Certainty ◽

Government Employees ◽

Work Time ◽

Government Regulations ◽

Maximum Work ◽

The Government

The purpose of this study is to determine the legal certainty of tenure in government employees with a work agreement. This research uses normative research methods that are oriented towards statutory and conceptual rules. Through this research, the researcher offers that the tenure of government employees with a work agreement is not explicitly regulated in Law no. 5 of 2014 concerning the State Civil Apparatus. Problems arise because of the absence of a work time limit rule in the work agreement in the State Civil Apparatus Law. This problem is in the form of unclear how long the maximum work agreement will end. As a legal state, legal certainty is very important. The government should immediately stipulate implementing regulations after the promulgation of laws and regulations so that legal certainty can be achieved. Implementing regulations such as Government Regulations, Ministerial Regulations, Presidential Decrees, or others. Legal certainty if achieved can create justice, and vice versa justice that is created also shows the existence of legal certainty. This thinking reflects good governance and the functioning of the country in good conditionKeyword: government; legal certainty, working period AbstrakTujuan penelitian ini yaitu mengetahui kepastian hukum masa kerja pada Pegawai Pemerintah Dengan Perjanjian Kerja. Penelitian ini menggunakan metode penelitian normatif yang berorientasi pada aturan perundang-undangan dan konseptual. Melalui penelitian ini peneliti menawarkan bahwa masa kerja Pegawai Pemerintah Dengan Perjanjian Kerja tidak diatur secara tegas di dalam Undang-Undang No. 5 Tahun 2014 tentang Aparatur Sipil Negara. Muncul permasalahan karena tidak adanya aturan batas waktu masa kerja dalam perjanjian kerja dalam Undang-Undang Aparatur Sipil Negara. Permasalahan ini berupa tidak jelasnya sampai kapan maksimal perjanjian kerja ini akan berakhir. Sebagai negara hukum kepastian hukum sangatlah penting. Pemerintah seharusnya segera menetapkan peraturan pelaksana setelah diundangkannya pertaruran perundang-undangan agar kepastian hukum dapat tercapai. Peraturan pelaksana seperti Peraturan Pemerintah, Peraturan Menteri, Keppres, atau lainnya. Kepastian hukum bila dicapai dapat menciptakan keadilan, begitu juga sebaliknya keadilan yang tercipta juga memperlihatkan adanya kepastian hukum. Pemikiran ini mencerminkan pemerintahan yang baik dan guna berjalannya negara dalam keadaan baik.

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PERAN PENGADILAN HUBUNGAN INDUSTRIAL PADA PENGADILAN NEGERI PADANG KELAS IA DALAM MEMBERIKAN KEPASTIAN HUKUM TERHADAP PERKARA PEMUTUSAN HUBUNGAN KERJA

10.31227/osf.io/7fg8k ◽

2019 ◽

Author(s):

IYAH FANIYAH

Keyword(s):

Legal Status ◽

Industrial Relations ◽

Court Decision ◽

District Court ◽

Legal Certainty ◽

Local District ◽

Library Research ◽

Empirical Law ◽

Laws And Regulations

Termination of employment has a very complex impact and tends to cause disputes betweenemployers and workers. in various laws and regulations, mechanisms and procedures fortermination of employment have been regulated with the aim that both businessman and workers canmaintain their normative rights. Since the enactment of Law No. 2 of 2004 concerning IndustrialRelations Disput, the handling of employment disputes is the authority of the Industrial RelationsCourt at the local District Court. in addition to the judicial route (litigation) the settlement ofdisputes over termination of employment can also be settled outside the court (non litigation).In thisstudy the author will focus on the settlement through justice (litigation). the issues discussed in thispaper are the Roles of the Industrial Relations Court in Providing Legal Certainty to Terminationof Employment (PHK) and the Implementation of Industrial Relations Court Decision by the Parties.in Writing this thesis the author uses the research of empirical law with normative juridical approachmethod supported by empirical juridical approach. Legal material collection techniques are carriedout by means of library research and field research.The role of the Industrial Relations Court in thePadang Class IA Court, has resolved the case brought by the justice seekers to them, therebygranting the legal status in accordance with Law Number 2 of 2004 on Industrial Relations DisputeSettlement.The implementation of the Industrial Relations Court Decision by the Parties has not beencarried out optimally in according to the PHI decision in the Padang Class IA District Court,because there are no strict sanctions against disobedience of the parties who did not carry out thedecision, namely the employer as the convicted party to carry out the PHI decision in the PadangClass IA District Court. Therefore, against those who do not comply with the ruling IRC, should besubject to strict sanctions in the form of temporary revocation of business licenses, and governmentneeds to make regulations to regulate the sanctions against parties who do not comply with the rulingof the IRC in Padang Class IA Court on particular and the Industrial Relations Court at the GeneralCourts in general.

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SISTEM PENGANGGARAN PENDIDIKAN TINGGI DARI OLD PUBLIC MANAGEMENT MENUJU NEW PUBLIC MANAGEMENT

Jurnal Kependidikan ◽

10.24090/jk.v2i2.556 ◽

1970 ◽

Vol 2 (2) ◽

pp. 127-142

Author(s):

A. Budi Santosa

Keyword(s):

Higher Education ◽

Financial Management ◽

Public Management ◽

Good Governance ◽

National Development ◽

Development Planning ◽

Planning System ◽

Successful Implementation ◽

Service Agency ◽

Legal Entity

Budget implementation in government agencies has not been effective even though legislation has mandated that performance-based budgeting should be implemented gradually starting in 2005. Some researches on budgeting found a disregard for the prerequisites for the successful implementation of performance-based budgeting, which includes participation, competence, and the clear documents and budgeting procedures. In Indonesia, the reform of budgeting begins with the issuance of Act No. 17 of 2003 on State Finance and Act No. 25 of 2004 on National Development Planning System, which is a product of legislation that became a milestone of reform in national planning and budgeting. In universities in Indonesia budget management system changes begins to be applied especially after the implementation of autonomy in the management of higher education institutions, namely since the issuance of Government Regulation on Higher Education as State-Owned Legal Entity (BHMN), Public Service Agency (BLU), even the latter leads to the State University-Owned Legal Entity(PTN-BH). The change of financial management is not without reason, but is intended to more financial management of performance-oriented, transparent and accountable, the estuary of the increasing good governance. Pelaksanaan anggaran di instansi pemerintah selama ini belum efektif, padahal undang-undang telah mengamanatkan bahwa pelaksanaan penganggaran berbasis kinerja hendaknya dapat dilaksanakan secara bertahap mulai tahun 2005. Beberapa hasil penelitian tentang penganggaran menunjukan adanya pengabaian terhadap prasayarat keberhasilan pelaksanaan penganggaran berbasis kinerja, yang antara lain ditentukan oleh faktor-faktor pendukung seperti partisipasi, kompetensi, dan adanya kelengkapan dokumen dan prosedur penganggaran secara jelas. Di Indonesia, reformasi bidang penganggaran diawali dengan terbitnya Undang-undang Nomor 17 Tahun 2003 tentang Keuangan Negara Undangundang Nomor 25 Tahun 2004 tentang Sistem Perencanaan Pembangunan Nasional merupakan produk undang-undang yang menjadi tonggak sejarah reformasi di bidang perencanaan dan penganggaran nasional. Di lingkungan perguruan tinggi Indonesia perubahan sistem manajemen anggaran mulai diterapkan terutama setelah dilaksanakannya otonomi dalam pengelolaan lembaga pendidikan tinggi, yaitu sejak diterbitkannya Peraturan Pemerintah tentang Perguruan Tinggi sebagai BHMN, BLU, bahkan yang terakhir ini mengarah pada PTN-BH. Perubahan arah pengelolaan keuangan tersebut tidak tanpa alasan, namun dimaksudkan agar pengeloaan keuangan lebih berorientasi pada kinerja, transparan dan akuntabel, yang muaranya tentu pada meningkatnya good governance.

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JUAL BELI TANAH YANG DILAKUKAN TANPA AKTA PPAT

JURNAL MEDIA HUKUM DAN PERADILAN ◽

10.29062/jmhp.v4i1.6 ◽

2018 ◽

Vol 4 (1) ◽

pp. 89-107

Author(s):

Cheri Bayuni Budjang

Keyword(s):

Everyday Life ◽

Government Regulation ◽

Land Rights ◽

The Other ◽

Legal Certainty ◽

Land Registration ◽

The Future ◽

The Right ◽

Laws And Regulations

Buying and selling is a way to transfer land rights according to the provisions in Article 37 paragraph (1) of Government Regulation Number 24 of 1997 concerning Land Registration which must include the deed of the Land Deed Making Official to register the right of land rights (behind the name) to the Land Office to create legal certainty and minimize the risks that occur in the future. However, in everyday life there is still a lot of buying and selling land that is not based on the laws and regulations that apply, namely only by using receipts and trust in each other. This is certainly very detrimental to both parties in the transfer of rights (behind the name), especially if the other party is not known to exist like the Case in Decision Number 42 / Pdt.G / 2010 / PN.Mtp

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PENGUATAN KELEMBAGAAN DESA DALAM MEWUJUDKAN OTONOMI DI DESA-DESA PESISIR Studi di Desa Sokop Kecamatan Rangsang Pesisir Kabupaten Kepulauan Meranti

Jurnal Ilmu Pemerintahan Nakhoda ◽

10.35967/jipn.v15i2.3849 ◽

2017 ◽

Vol 15 (2) ◽

pp. 98

Author(s):

MY Tiyas Tinov ◽

Tito Handoko

Keyword(s):

Financial Management ◽

Good Governance ◽

Participatory Development ◽

Institutional Capacity ◽

Government Officials ◽

Administrative Capacity ◽

Institutional Strengthening ◽

Institutional Issues ◽

Key Issues ◽

The Village

This study examines the institutional strengthening Sokop village in the district of MerantiIslands. The village of institutional issues Sokop be a reflection of the condition of the villagesare located in coastal areas and outer islands in Indonesia. Limitations accessibility of informa-tion, transport and communication are key issues faced by the region (read-Village Sokop) sothat the development of institutional capacity and its derivatives is not as advanced and as fastas the accessibility of the region are within easy reach. By putting itself on the theoretical frame-work of institutional strengthening these studies focus to see phenomena institutional VillageSokop especially from the aspect of good governance and administrative capacity Sokop Vil-lage Government officials. This study used a qualitative approach and to optimize the study, theauthors used the strategy phenomenology.The results of this study indicate that the institutional capacity of the village governmentSokop not support in efforts to achieve regional autonomy, it is characterized by weak institu-tional role Desa Sokop in building independence of the village, institutional structuring andmanagement of village governance, weak financial management, and lack of community par-ticipation in development village (participatory development).

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