scholarly journals Tanggung Jawab Jabatan dan Tanggung Jawab Pribadi Dalam Penggunaan Diskresi

Kosmik Hukum ◽  
2020 ◽  
Vol 20 (1) ◽  
pp. 1
Author(s):  
Adam Setiawan ◽  
Nehru Asyikin

Discretion is part of the authority to act freely by government officials to ensure the implementation of public services. However, the discretionary arrangement attached to a position when it must be immediately acted without a written law creates a conflict regarding the government must be based on law. On the other hand, the need for discretion becomes a polemic regarding occupational responsibility and personal responsibility in the use of discretion whose parameters sometimes cause harm to society. The results of this research are of interest that the implications of using official diskettes for public services will cause harm to the state and society. The use of discretion is used as a tool for personal gain and authority which results in violating statutory regulations, contrary to legal principles, acts against the law, and AAUPB.Keywords: discretion, job responsibility, personal responsibility

2018 ◽  
Vol 6 (7) ◽  
pp. 234-247
Author(s):  
Joyjit Sanyal ◽  
Sujit Sikidar

Labour plays a very important role in the industrial production of the country. The human resource managers are concerned with the management of people at work. It is necessary to secure the co-operation of labour force in order to increase the production and earn higher profits. The co-operation of labour force is possible only when they are fully satisfied with their employer and the working conditions on the job. In the past, industrialists and the employers believed that their only duty towards their employees was to pay them satisfactory wages and salaries. But in due course of time, in addition to providing monetary benefits, human treatment given to employees started to play a very important role in seeking their co-operation. Labour or employee welfare activities benefit not only the workers but also the management in the form of greater industrial efficiency. The welfare activities pay a good dividend in the long run, because they contribute a lot towards the health and efficiency of the workers and towards a high morale. On the other hand, social security has come up as a dynamic concept which is considered in all advanced countries of the world as an indispensable chapter of the national programme. Social security is that security which the society furnishes through appropriate organisation against certain risks or certain contingencies to which its members are exposed. These risks are essentially contingencies against which the individual cannot afford by his small means and by his ability or foresight alone. As the name stands for general well- being of the people it is the duty of the state to promote social security which may provide the citizens with benefits designed to prevent or cure disease, to support him when he is not able to earn and to restore him to gainful activity. The state as an employer has provided for certain measures for the welfare and social security of the labourers, who contribute towards the economic development of a country and in this regard, the government has to see towards the proper implementation of such measures to maintain a harmonious industrial relation on the one side and on the other hand towards the upliftment of the members of the society. Thus, there arise the vital needs for the detailed assessments of the measures so provided, its quality of implementation so far and the level of satisfaction of the same among the different class of employees. The present study acts as a working paper with an objective to gather the opinion of the organized workforce in the Central Public Sector Enterprises with regards to their acceptance and satisfaction level of the various ‘Employees welfare and Social Security’ measures by the employers. However, the present study is restricted to two enterprises only and is undertaken with the following objectives: To analyze the opinions of the employees in respect of the labour welfare measures & social security benefits. To analyze the level of satisfaction or otherwise of the workers in respect of social security measures.


2017 ◽  
Vol 62 (2) ◽  
pp. 313-332 ◽  
Author(s):  
Shunyi Chen

This paper describes a brief study of Lin Zexu’s translation activities from the perspective of ideology. Lin was not a translator himself, but an initiator and patron of translations. He organised translation activities with sources from foreign newspapers and books to help his anti-opium campaign and resistance to British invasion. Translations from foreign sources were not welcomed by the Qing government and translators were even regarded as traitors. Lin, however, had a contrasting attitude towards translation. To Lin, translation was a way to learn about the outside world and to learn from it. The Qing government, on the other hand, held the view that translations of foreign documents were of little use. The difference between Lin’s view and that of the Qing court can be seen as an ideological divergence between Lin and the government he served. This culminated in the expulsion of Lin from the government, his exile and the termination of his translation activities. This shows how a state instigated ideological position can predominate over an oppositional ideology – in this case to the detriment of the state.


1943 ◽  
Vol 37 (2) ◽  
pp. 290-305
Author(s):  
Floyd M. Riddick

The course of affairs in the second session of the Seventy-seventh Congress can best be differentiated from that of all recent years if examined with the thought that the United States is in an “all-out” war. That was how the President presented the situation to Congress on January 6 in his annual message on the state of the Union. And that was the phrase frequently used throughout the year by Representatives and Senators as an argument for or against enacting controversial bills, delegating unprecedented regulative powers, or appropriating many billions of dollars to defray governmental expenses.On the other hand, while all of the recommendations for legislation embodied in the President's message were designed to bring the war more quickly to a close, Congress was asked by the Administration at various times during the year for the enactment of measures not related to the defense program, as the proposals to “rid Congress of trivia” and for settlement of claims of American nationals against the government of Mexico. The House and Senate, likewise, of their own accord, troubled themselves with such matters as the repeal of poll tax laws, the right of Senator Langer to his seat in the Senate, and the so-called “Congressional pension bill.”


AKADEMIKA ◽  
2020 ◽  
Vol 14 (02) ◽  
Author(s):  
Ja'far Shodiq ◽  
Muh. Mahrus Ali Ridho ◽  
Mufidul Abror

Presiden Indonesia memulai mengadakan pembatasan interaksi sosial mulai dari tingkat dasar sampai regional untuk mencegah penyebaran virus Corona di bebrapa wilayah Indonesia. Virus Corona adalah virus yang membahayakan dan pembatasan ini sangat penting sekali apalagi di wilayah-wilayah yang masyarakatnya tidak bisa diatur dan tidak memungkinkan untuk mencegah meluasnya virus tersebut di wilayah-wilayah itu. Karena virus Corona telah memakan korban lebih dari seribu orang. Data korban ini tertanggal 28 Maret 2020. Pembahasan Ini dianggap sebagai bagian dari pembelajaran normatif yg konseptual. Sedangkan tema dari pembahasan ini adalah; Regulasi tentang Penerapan Pembatasan interaksi sosial. Sasaran dari pembelajaran ini adalah; 1. Pengetahuan tentang kaidah-kaidah hukum di Indonesia yang mengatur tentang pembatasan interaksi sosial mulai dari tingkat lokal sampai regional. 2.Pengetahuan tentang pembatasan interaksi sosial ditunjumau dari sisi pemutusan mata rantai virus. Sedangkan hasil dari pembahasan ini adalah; 1. Regulasi yang dipakai presiden untuk pembatasan interaksi sosial pada peraturan pemerintah nomor 21 tahun 2020. Seperti pada ayat 1 pasal 4 yang didalamnya mencantumkan larangan bepergian ke sekolahan untuk belajar dan larangan bepergian ke tempat kerja untuk bekerja yang hal ini termasuk bagian dari pembatasan terhadap hak-hak kemanusiaan, 2. Pembatasan ini dinilai  menjadi wasilah untuk menjaga nyawa masyarakat Indonesia namun di sisi lain mencabut pembatasan ini hukumnya wajib.The President of Indonesia began to implement social restrictions ranging from local to regional level to prevent the spread of the Corona virus in several parts of Indonesia. The Corona virus is a dangerous one and these restrictions are very important, especially in areas where the community cannot be controlled and it is not possible to prevent the spread of the virus in these areas. Moreover the Corona virus has killed more than a thousand people. The Corona deaths data is dated March 28, 2020. This study is considered as part of conceptual normative one. While the theme of this study is the Regulation on the implementation of social interaction restrictions. The objectives of this study are; 1. the understanding of legal principles in Indonesia that regulate the social interaction restrictions from local to regional levels. 2. the understanding of social interaction restrictions viewed from the breaking of the chains of infection. While the results of this study are; 1. The regulation used by the president to implement social interaction restrictions are the government regulation number 21, 2020. As in paragraph 1, article 4, which includes the prohibition on going to school and traveling to work which is part of the restrictions on human rights, 2. These restrictions are considered to be a means of protecting the lives of the Indonesian people but on the other hand lifting the restrictions is obligatory.


2018 ◽  
Vol 3 (2) ◽  
pp. 198
Author(s):  
Elwidarifa Marwenny ◽  
Engrina Fauzi ◽  
Jelisye Putri Cenery

One of the form of applying the value of democratic in Indonesia is accommodate by the regulation of community organization which is concretely regulated in the provisions of article 28 E Paragraph 3 of the 1945 constitution also in the provisions of law number 39 of 1999 on Human Rights. The existence of community organizations does have a great constribution in the implementation of the state, but on the other hand the existence of people raises the pro and contra. The enecment of government regulation number 59 on community organization established by foreign citizens makes the community more worried if the exixtance of community organizations affect the sovereignty of NKRI because they have different ideology with Indonesia. Based on this, it should be discussed about the organizations in Indonesia. The position of foreign social organizatios in Indonesia is reviwed from the government regulation number 59 of 2016 on community organizations established by foreign citizens and the influence of basic organizations for the sovereignty of NKRI. To answer that question, qualitative method is used  as a means to answer the problem by conducting of normative juridical approach which is done by reviewing the law and the literature. Based on this study, it is concluded that the existence of foreign social organizatios in Indonesia in line with  democracy and human right but also politically can treaten NKRI.


2015 ◽  
Vol 12 (4) ◽  
pp. 286-302 ◽  
Author(s):  
Theodore Benjamin Kogan ◽  
Galla Salganik-Shoshan

It is well known that governments have direct control over much of the energy sector through National Oil Companies (NOCs). Much less understood are the determinants and consequences of government connections of their stock exchange listed counterparts, Public Oil & Gas Companies (POCs). This paper focuses on an important mechanism through which POCs and governments can influence one another: the presence of current and former government employees among POC directors. Specifically, we expect that current government officials serving on POC boards are more likely than other board members to be a channel through which governments influence firms. Former government officials on POC boards, on the other hand, are more likely than other board members to lobby their governments on the companies’ behalf. We collect data on 112 large POCs from 35 countries, and on country and size-matched control firms outside the oil & gas sector. The empirical results provide partial support for our hypotheses. We find that the importance of the energy sector in a country’s economy does not impact the government connectedness of its POC boards. Country-level corruption measures, on the other hand, are positively related to the prevalence of current and former government officials on POC boards’ – and in the case of current officials, significantly more so than for non-energy firms. Lastly, there is some indication that having former government officials on a POC board contributes to the firm’s profitability.


2018 ◽  
Vol 18 (1) ◽  
pp. 71
Author(s):  
Linda Evirianti

Everyone has the right of religious freedom or belief which becomes one of important parts of Human Rights (HAM/Hak Asasi Manusia). Thus, no one can be subjected to coercion that can interfere his freedom to adopt or embrace a religion or belief of his choice. The main characteristic of modern constitutional state is the guarantee of human rights in its constitution. In the Constitution NKRI 1945 has set human rights and the rights of citizens in the form of guarantees freedom for each citizen to embrace religion and worship according to their religion or belief. A state guarantees the freedom of each citizen to adopt a religion or belief, but the state (the government) must regulate the freedom in implementing and practicing a religion or belief so that the government can respect, protect, enforce and promote Human Right (HAM) and conserving security, order, health or public morals. Speaking of human rights in Islam is not an historical product arising from human ideology, a concept that has a theological dimension and will be accountable to God. Freedom of thought, conscience, religion and belief is part of the most important human rights, even have status as a right that should not be reduced and violated under any circumstances. On the other hand, religious freedom protects the phenomenon that can be controversial and dangerous for human existence, because religion and systems of ideological belief can be misused to trigger intolerance, discrimination, prejudice, hatred, and violence.[Setiap orang berhak atas kebebasan beragama atau kepercayaan yang menjadi salah satu bagian penting Hak Asasi Manusia. Dengan demikian, tidak ada yang bisa terkena paksaan yang bisa mengganggu kebebasannya untuk mengadopsi atau menganut agama atau kepercayaan pilihannya. Karakteristik utama negara konstitusional modern adalah jaminan hak asasi manusia dalam konstitusinya. Dalam Konstitusi NKRI 1945 telah menetapkan hak asasi manusia dan hak warga negara dalam bentuk jaminan kebebasan bagi setiap warga negara untuk merangkul agama dan ibadah sesuai agama atau kepercayaan mereka. Sebuah negara menjamin kebebasan setiap warga negara untuk mengadopsi agama atau kepercayaan, namun negara (pemerintah) harus mengatur kebebasan dalam melaksanakan dan mempraktikkan agama atau kepercayaan sehingga pemerintah dapat menghormati, melindungi, menerapkan dan mempromosikan Hak Asasi Manusia (HAM). Dan melestarikan keamanan, ketertiban, kesehatan atau moral publik. Berbicara tentang hak asasi manusia dalam Islam bukanlah produk historis yang muncul dari ideologi manusia, sebuah konsep yang memiliki dimensi teologis dan akan bertanggung jawab kepada Tuhan. Kebebasan berpikir, hati nurani, agama dan kepercayaan adalah bagian dari hak asasi manusia yang paling penting, bahkan memiliki status sebagai hak yang tidak boleh dikurangi dan dilanggar dalam kondisi apapun. Di sisi lain, kebebasan beragama melindungi fenomena yang bisa kontroversial dan berbahaya bagi eksistensi manusia, karena agama dan sistem kepercayaan ideologis dapat disalahgunakan untuk memicu intoleransi, diskriminasi, prasangka, kebencian, dan kekerasan.]


2021 ◽  
Vol 1 (6) ◽  
pp. 6-10
Author(s):  
Sumaya Khan Auntu ◽  
Faria Nusrat

Stagnation in terrorism research is held responsible to both academicians and the government for exploring the continuity of terrorist activities in Bangladesh. The state of stagnation, in this regard, is mainly linked with the governmental strategy of funding research though government is not willing to share their information with academia; on the other hand, little empirical grounding in academia. In spite of having methodological skills there are lacks of data is the behind of sloth condition in this sector. A developing country like Bangladesh is a prominent example of this stagnation in terrorism research and has experienced several violent activities on the time being. Sometimes, ISIS has claimed their existence in several attacks in Bangladesh, but, still, the recruitment and training up process in violent radicalization that motivates different terrorist activities are still beyond control. This paper will explore the existence of stagnation in terrorism research and how it explores the continuity of terrorist activities in Bangladesh. Finally, in conclusion, this paper will give some recommendations to bridge the existing gap between the academicians and the government to terminate the stagnation in terrorism, particularly in the context of Bangladesh.


2020 ◽  
Vol 25 ◽  
pp. 60-64
Author(s):  
Chuck Sturtevant

This response summarizes and compares three scholars’ approaches (Marcelo Bohrt, Robert Albro and Pamela Calla) to the Morales administration’s efforts to decolonize the government of Bolivia. Seeking   the common ground among them, I find that all three recognize the importance of symbolic and discursive changes, which have allowed  some previously-excluded individuals to access positions of authority within the state apparatus. On the other hand, these changes have been uneven, exposing rifts between indigenous communities, exacerbating existing inequities, and establishing new or renewed hierarchies of subordination.   


1912 ◽  
Vol 6 (2) ◽  
pp. 216-228 ◽  
Author(s):  
John M. Mathews

About twenty years ago, Mr. Bryce, with microscopic vision, observed that the state governor was “not yet a nonentity.” On the other hand the state legislature was “so much the strongest force in the several states that we may almost call it the Government and ignore all other authorities.” The strangeness of sound with which these statements strike our ears at the present day is indicative of the length of the road which we have since traveled and of the change which has taken place within recent years in the relative positions of the governor and the legislature in our state governments. The unmistakable tendency which now prevails in many quarters towards an enlargement of the power of the governor directs attention anew to the administrative and political position which that officer occupies and to the manner in which his influence and prestige have been, and may be still further, increased.


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