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

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.

scholarly journals THE ROLE OF THE COMMUNITY AND THE QUALITY OF VILLAGE REGULATIONS

2019 ◽  
Vol 3 (2) ◽  
pp. 109
Author(s):  
Novia Ayu Permatasari ◽  
Adhitya Widya Kartika
Keyword(s):  
Community Participation ◽  
Legal Issues ◽  
Legal Certainty ◽  
Village Community ◽  
The Government ◽  
The Village ◽  
Legal Product ◽  
Laws And Regulations

<p>Society is one of the elements in the formation of legal products by the government so that the legal products that are formed do not cause harm to one or both parties. Formation of legal products or laws and regulations in order to meet legal objectives (for example justice, expediency, and legal certainty), it is also necessary that a legal product is made by an authorized official or government which by law is given the authority to form regulations laws or legal products. This is important because it relates to the relief of a legal product or the needs and issues of village law between one village and another because of the different environmental and community conditions between one village and another. Community participation in the formation of village regulations is important because the community knows about legal issues in the community, so it is important when establishing laws and regulations, especially village<br />regulations to find out the aspirations of the village community concerned. In addition, public legal awareness is important in the context of enactment to achieve the goals of what is the goal of a legal product that is made. The method used is a normative juridical approach to the legislation and the doctrine of law and using qualitative analysis.</p>

scholarly journals ANALISIS KAJIAN SOSIAL EKONOMI PEMBANGUNAN DAN PERLUASAN TOSERBA “ X ”

2018 ◽  
Vol 2 (2) ◽  
pp. 66-89
Author(s):  
Desfitriady Desfitriady ◽  
Tatang Kusmayadi
Keyword(s):  
Random Sampling ◽  
Research Method ◽  
Sampling Method ◽  
Secondary Data ◽  
Simple Random Sampling ◽  
Research Data ◽  
Qualitative And Quantitative ◽  
The Government ◽  
The Village ◽  
Descriptive Method

The purpose of this study is to know and understand the community in the Village Sayati Margahayu District Bandung regency with the development and extension of department store (Convenience Store) "X". The research method is descriptive method using qualitative and quantitative approach as the basis of analysis and interpretation. Sample determination technique used is cluster with simple random sampling method and purposive sampling, which means that the sample used in accordance with the purpose of research. Data which is primary and secondary data. The results showed that people responded positively and variedly about the decision to the extension of the "X" Stores, and only a small portion would be used, but it was only up to the government.

scholarly journals PELAKSANAAN UNDANG-UNDANG NOMOR 33 TAHUN 2014 TENTANG JAMINAN PRODUK HALAL TERHADAP PENDAFTARAN SERTIFIKAT HALAL PADA PRODUK MAKANAN

2018 ◽  
Vol 1 (1) ◽  
pp. 511
Author(s):  
Melissa Aulia Hosanna ◽  
Susanti Adi Nugroho
Keyword(s):  
Consumer Protection ◽  
Food Products ◽  
Legal Certainty ◽  
Muslim Population ◽  
Halal Food ◽  
The Government ◽  
Laws And Regulations

Food is one of the most necessary needs of humans to survive so that everyone is expected to pay more attention to the food products that will be consumed.Indonesia is a country with a predominantly Muslim population. In the teachings of Islam there are orders to consume halal food and prohibition to consume illegitimate food. Halal product is a product that qualifies halal according to Islamic syariat from its substance, its process and its storage and presentation. This study aims to determine the implementation of law number 33 of 2014 on the guarantee of halal products on the registration of halal certificates on food products and what are the constraints faced in registering halal certificates.The guarantee of consumer protection against the circulation of halal labeled food products is already guaranteed according to the prevailing laws and regulations and the products labeled official halal have provided legal certainty to the halal nature of the product itself which can be seen from the authority given by the government to MUI and BPJPH.

scholarly journals The Existence of Legal Protection of Citizens to Government Action in Making Decision of State Administrative

2018 ◽  
Vol 54 ◽  
pp. 03001
Author(s):  
Enny Agustina
Keyword(s):  
Civil Law ◽  
Legal Protection ◽  
Administrative Law ◽  
Legal Certainty ◽  
Government Action ◽  
Legal Decisions ◽  
Library Research ◽  
The People ◽  
The Government ◽  
Dutch Literature

Government in administrative law considered as a unit, as an authorized body. Therefore, it is authorized to establish action, according to administrative law, and affect the legal circumstances of others, or to carry out legal action (under the civil law) in the meaning of government bodies legally. The dutch literature interpreted administrative with the terms administrative recht with administrative besturen. Besturen has a functional meaning to means the function of governance, and institutional or structural whole organs of government. Bestuur is an environment outside formation of regulations (regulgeving), and judicature (rechtspraak). The data of this research was collected by library research. This research aims to know the form of legal protection for the people to government action based on the concept of State Administrative Law. The result of this research shows that Legal decisions were those which fulfill formal and material requirements. This was based on the presumptive principle of rechtmatig, that was het vermoeden van rechtmatigheid or presumtio justea causa (every decisions issued by the government or the administrative of the state were considered lawful). This principle means that every decision was not revoked, unless there was a vernietiging of the court closely related to the principle of legal certainty (rechtszekerheidbeginsel).

scholarly journals KEWENANGAN PEMERINTAH PROVINSI BALI DALAM PENYELENGGARAAN PENANAMAN MODAL BERDASARKAN UNDANG-UNDANG NOMOR 25 TAHUN 2007 TENTANG PENANAMAN MODAL

2015 ◽  
Vol 4 (4) ◽  
Author(s):  
Anak Agung Ngurah Agung Satrya Diana
Keyword(s):  
Business Activity ◽  
Legal Certainty ◽  
Legal Entity ◽  
Paradigmatic Shift ◽  
Legitimate Business ◽  
Delegation Of Authority ◽  
Doing Business ◽  
Presidential Decree ◽  
One Stop ◽  
The Government

Licensing is one of the fundamental problems in the administration of the licensing applicant investment in Indonesia . Licensing is one of the very important first step in starting a business activity which is a testament to the legality of an otherwise legitimate business activities or the permissibility of a person or legal entity to conduct business activities . With the enactment of Law No. 25 of 2007 on Investment has shown that the character of a paradigmatic shift in the organization of centralized to decentralized investment in Indonesia , with the authority given to the Government of Blood to organize affairs in the administration of Investment mandatory . Especially with the issuance of Presidential Decree No. 27 Year 2009 on One Stop Services in the Field of Investment , is expected to provide legal certainty to investors who want to invest in an area designated by the legislation in force . The Province of Bali has established Investment and Licensing Agency Bali Province as Provincial Tool to Investment ( PDPPM ) , which has been granted delegation of authority from the Governor of Bali to host Investment in accordance with the authority granted by the laws and existing undnagan . However, there are shortcomings in the regulation of the Governor of Bali Delegation Authority in the Field Licensing and Nonperizinan To the Head of Investment and Licensing province of Bali , which does not include the authority to issue permissions to Investment based on legislation in the field of investment , so that in case PDPPM this as an institution in Bali province can not provide legal certainty associated with the licensing application filed by investors in doing business in Bali Province in accordance with the issuance authority.

scholarly journals Pertimbangan Putusan Hakim Perkara Harta Bersama di Pengadilan Agama Tembilahan

Al-Qadha ◽  
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.

scholarly journals Kedudukan Surat Edaran Badan Pengawas Pemilihan Umum Republik Indonesia di Aceh

2018 ◽  
Vol 1 (1) ◽  
pp. 40-61
Author(s):  
Taqiyuddin Faranis ◽  
Husni Djalil ◽  
Mahdi Syabandir
Keyword(s):  
Ad Hoc ◽  
Supervisory Board ◽  
General Election ◽  
Constitutional Court ◽  
Legal Certainty ◽  
Legal Power ◽  
Library Research ◽  
Circular Letter ◽  
The Republic ◽  
The Government

Pasal 60 ayat (4) Undang-Undang Nomor 11 Tahun 2006 tentang Pemerintah Aceh dinyatakan bahwa masa kerja Panitia Pengawas Pemilihan (Panwaslih) berakhir 3 (tiga) bulan setelah pelantikan kepala daerah tepilih, sementara dalam regulasi yuridis lainnya khususnya Undang-Undang Nomor 15 Tahun 2011 tentang Penyelenggara Pemilihan Umum dan Pemilihan menegaskan berakhir paling lambat 2 (dua) bulan setelah seluruh tahapan penyelenggaraan Pemilihan Umum selesai. Ketua Badan Pengawas Pemilihan Umum (Bawaslu) Republik Indonesia mengeluarkan Surat Edaran Nomor: 0240/K.Bawaslu/TU.0001/III/2017 tentang Penegasan Masa Tugas Lembaga Pengawas Pemilihan Umum Ad Hoc dalam Rangka Pemilihan Gubernur dan Wakil, Bupati dan Wakil Bupati dan/atau Walikota dan Wakil Walikota Tahun 2017. Surat Edaran tersebut disimpulkan bahwa masa kerja Panwaslih di Aceh berakhir pada bulan Mei bagi daerah yang terdapat penyelesaian sengketa di Mahkamah Konstitusi dan bulan Juni bagi daerah yang vakum sengketa. Hal ini mengakibatkan ketidakpastian hukum bagi penyelenggara Pemilihan Kepala Daerah dan menimbulkan kegaduhan dalam internal Panwaslih di Aceh. Penelitian ini mengkaji bagaimanakah kedudukan dan  kekuatan hukum Surat Edaran Bawaslu, mengkaji kepastian hukum masa kerja Panwaslih di Aceh atas keputusan Bawaslu Republik Indonesia yang telah mengeluarkan Surat Edaran yang dijadikan rujukan Pemerintah Aceh untuk merevisi Peraturan Gubernur sebelumnya mengenai masa kerja Panwaslih di Aceh. Metode Penelitian yang digunakan adalah penelitian normatif atau penelitian hukum kepustakaan.The article 60 paragraph (4) of the Act Number 11, 2006 concerning the Government of Aceh stated that the working period of the Election Committee ends 3 (three) months after the inauguration of the elected regional head, while in other juridical regulations especially the Act Number 15, 2011 concerning the General Election Organizer and the Election stipulates to expire no later than 2 (two) months after all stages of the election are completed. Chairman of the Election Supervisory has issued the Circular Letter Number: 0240/K.Bawaslu/TU.0001/III/2017 on the Affirmation of Ad Hoc Election Observer Period of Governor and Deputy Regent, Deputy Regent and Deputy Regent, and or Mayor and Deputy Mayor 2017. Based on the Circular Letter, it states that the working period of the Committee in Aceh ends in May for the area where there is a dispute resolution at the Constitutional Court and in June for the vacuum of the dispute. This has resulted in legal uncertainty for the election organizers and caused frenzy within the internal the Election Advisory in Aceh. This research aims to explore the position and legal power of the Election Supervisory Board Circular Letter, to review the legal certainty of the working period of the Election Committee in Aceh on the decision of General Election Supervisory Board of the Republic Indonesia which has issued a Circular Letter as the reference of the Government of Aceh to revise the previous Governor Regulation concerning the working period of the committee in Aceh. This is doctrinal legal research or library research.

scholarly journals The Anomaly of the Village Government in Establishing Village Owned Enterprise

2018 ◽  
Vol 4 (2) ◽  
pp. 256
Author(s):  
Busyra Azheri ◽  
Upita Anggunsuri
Keyword(s):  
Economic Community ◽  
Legal Entity ◽  
The Status ◽  
The Government ◽  
Village Government ◽  
Consultative Body ◽  
The Village

Village Owned Enterprise is an important part of the form of empowerment economic community at the village. Given, the urgency of the existence of Village Owned Enterprise, the government through the Regulation of Ministry of Villages, Disadvantaged Regions and Transmigration No. 5 of 2015 stated that one of the priorities of the use of village funds is for the establishment and development of Village Owned Enterprise. While the mechanism of establishment of Village Owned Enterprise is based on the result of village consultative meeting involving element of village government, element of village consultative body, and elements of community figures. The result of the village consultative meeting is implemented in form Village Regulation. However, it causes anomaly related to the status of Village Owned Enterprise, because it does not have to be legal entity in Regulation of Ministry of Villages meanwhile it has to be legal entity in Regulation of Minister of Home Affairs No. 39 of 2010 on Village Owned Enterprise.

The policy of improving village apparatus’ capacity to increasing community welfare in Merangin Regency, Jambi Province.

2020 ◽  
Vol 36 (2) ◽  
Author(s):  
Pahrudin HM
Keyword(s):  
Financial Management ◽  
Poverty Rate ◽  
Qualitative Approach ◽  
Management Systems ◽  
Community System ◽  
Library Research ◽  
The Government ◽  
Technical Capacity ◽  
The Village

Villages that are home to the majority of Indonesia's population have a variety of potentials, ranging from natural resources and human resources to state support. This large capital should make the village no longer haunted by problem of unindependence, poverty and unemployment that are still inherent in Indonesian villages. Village management in Indonesia is carried out using a self-governing community system that requires apparatus that has good capacity. On the other hand, the existence of village officials in Indonesia still does not have the capacity needed to organize the government to become an independent village. Therefore, it is necessary to do a legal political reconstruction to find a solution to the inequality of expectations of village regulation and the reality of the quality of village officials like this. This research was conducted using a qualitative approach with the type of library research by reviewing data related to villages in Indonesia. The results of this study revealed that only 7.29% in Jambi Province were independent villages, unqualified apparatus, poverty rate 9.43%, and unemployment rate of 4.000 peoples. This requires a solution through a series of solution policies so that the objectives of village regulation towards qualified village apparatus. Effort to overcome this problem, The Government of Merangin Regency held activities to increase the capacity of village officials through Workshop on Village Financial Management Systems Application (SISKEUDES) and the Provision of Village Technical Capacity Building (P2KTD).

scholarly journals Analysis of The Importance of Omnibus Law “Cipta Karya" in Indonesia

2020 ◽  
Vol 8 (08) ◽  
pp. 236-250
Author(s):  
Hadry Harahap ◽  
Adnan Hamid
Keyword(s):  
Qualitative Methods ◽  
Labor Rights ◽  
Research Approach ◽  
Labor Laws ◽  
Political Will ◽  
Historical Aspects ◽  
Library Research ◽  
The Government ◽  
Laws And Regulations

This study attempts to describe the juridical and historical aspects of the implementation of the Manpower Law, and this study aims to analyze the importance of the Omnibus Law "Cipta Karya" in Indonesia in Indonesia.. This research was conducted using descriptive and qualitative methods, through a library research approach. The results of this study indicate that the Omnibus Law “Cipta Karya” Bill was passed by the Indonesian Parliament. The bill is considered to have the potential to violate the rights of citizens guaranteed by the constitution because for the sake of investment, labor rights are secondary. Therefore, comprehensive and sustainable strategic efforts are needed to improve labor laws in Indonesia with reference to the mandate of Law Number 12 of 2011 in conjunction with Law Number 15 of 2019 concerning the Formation of Laws and Regulations that must contain consideration of aspects philosophical and juridical and sociological. Therefore, the Government and the House of Representative (Dewan Perwakilan Rakyat Republik Indonesia  - DPR RI)  must have a high commitment and political will in terms of the formation of labor laws and regulations based on the principles of clarity of objectives, the principle of appropriate institutional or forming organs. , the principle of clarity of formulation, and the principle of transparency

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