scholarly journals The Formulation Impact of Investment-Hampering Regional Regulations Investment

2019 ◽  
Vol 13 (2) ◽  
pp. 229
Author(s):  
Ray Ferza ◽  
Moh Ilham A Hamudy ◽  
M Saidi Rifki

After the ruling of the Constitutional Court (MK), Ministry of Home Affairs (MoHA) and the Provincial Government can no longer revoke the problematic Regional Regulation (Perda) via an executive review. This situation, would increase the difficulty for MoHA to revise the investment-hampering regional regulations. The problematic Regulations includes of Karawang District’s Perda No.1 of 2011 on the Management of Man Power and Bandung City’s Perda No. 19 of 2012 on Disturbance Permit and Charges. Therefore, this study seeks to have a general understanding of the two regulations, the factors that influence the formulation, and to establish a guideline for the formulation of an ideal regional regulation. To achieve those objectives, this research used the descriptive qualitative method. The results of the study reveal that the formulation of regional regulation process is plagued by problems such as the absence of Academic Papers, the insufficient stakeholders' involvements, the lack of monitoring by the provincial government on the district/municipal regulation formulation process, lack of understanding of investment principles and confusion with the regional government control function. The various factors that cause the issuance of problematic regulations are, among others, the central government’s regulatory packages, sociological elements, political elements, multi-interpretation in understanding the central government's regulation, as well as the fiscal capacity of the region. Therefore, the guidance of the Ministry of Home Affairs in supervising the regional government during the formulation process of districts/ municipal regulation related to investment is very much needed.

2021 ◽  
Vol 2 (1) ◽  
pp. 142-146
Author(s):  
Made Ipunk Dwi Kusuma ◽  
Nyoman Putu Budiartha ◽  
Diah Gayatri Sudibya

The purpose of this research is to explain the authority of LPD financial management in Badung Regency, after the enactment of the Badung Regency Regulation No. 29/2013 and to find out the direction of the utilization of LPD coaching funds in Badung Regency. This research used normative legal research, with a statutory approach that specifically regulates the financial management authority of the LPD after the enactment of the Badung Regency Regulation number 29 of 2013. The data sources used were primary and secondary legal materials. The data were analyzed using descriptive qualitative method, namely the presentation by describing in detail certain aspects related to the problem being researched. The results showed that the authority to regulate the implementation of village credit institution activities in Badung Regency is still handled by the Provincial government because so far the Province has never handed over or delegated this authority to Badung Regency. Second, the utilization of village credit institution development funds is to provide guidance to LPDs in Bali and to improve the performance and quality of LPD management human resources.


2018 ◽  
Author(s):  
Tengku Erwinsyahbana ◽  
Harmita

Based on the Decision of the Constitutional Court Number 46/PUU-VIII/ 2010, a child born from an unregistered marriage may have a civil relationship with his biological father, so as to remain inherited, and to obtain legal certainty as an heir the name of the uregistered marrieage born child should mentioned as the heir. This fact is interesting to be examined and it aims to obtain answers of the legal strength of the heirs’ certificate of unrecorded marriage. This research type is juridical normative with legislation approach through the descriptive-qualitative method. The results of the study indicate that in order to obtain legal certainty, it is supposedly that the certificate of inheritance contains the name of the unrecorded marriage born child. But, this is can’t be done, because there is no legislation determines that the child’s name from unregistered marriage could be contained in the letter. So, with no legislation, the certificate of inheritance containing the name of the unregistered marriage child has no legal power, and therefore it is recommended that the government immediately make a regulation concerning the inheritance certificate for the child from unregistered marriage, so it could be clear and fixed.


2020 ◽  
Vol 7 (2) ◽  
pp. 300-310
Author(s):  
Fatimah Tahir

This study aims to analyze the form of verbal and nonverbal texts in public service advertisements in the Regional Government of Bone Regency using the semiotics of CS Peirce. This study used descriptive qualitative method. The data is sourced from text in the PSA of the Regional Government of Bone. The data collection procedures used in this study are recording and note taking techniques. The results showed that the verbal form of PSA Local Government uses the meaning of denotation and connotation, Bugis philosophical expressions. The nonverbal text forms are dominated by the photo of the head of Regional Government, because the photo has perfect representation ability, compared to other nonverbal elements. Photos of the Bone regent and deputy regent of Bone are as icons and the logo of the local government of Bone is as a symbol. The traditional clothing that is used and the traditional house that is the setting for PSA are as indexes.


Author(s):  
Hanif Arinda ◽  
Fikarwin Zuska ◽  
Zulkifli Lubis

A traditional market is a place where people’s economic, social, and cultural activities occur. In Indonesia, the traditional market is known as the place which is, disorganized, dingy, stink, and disordered, but it is still favored by many people in meeting their daily needs. The objective of this study was to find out the role of stakeholders in managing the order and sanitation Sukaramai traditional market. The study used a descriptive qualitative method. The data were gathered by conducting interviews with some informants, consisted of Regional Government of Medan Market, Urban Civil Service Police, Sanitation Department of Medan, vendors, and buyers. The result of the research showed that the stakeholders had worked according to the Regional Regulation on the Management of order and sanitation of Sukaramai traditional market. However, the Sanitation Agency could not do its job well even though waste management in this market was not optimal. Vendors’ disobedience with the rules was also the cause of why this market could not be operated cleanly and neatly.  


2020 ◽  
Vol 5 (1) ◽  
pp. 143
Author(s):  
Fauziah Fauziah ◽  
Yulia Istia Ningsih ◽  
Sumantri Sumantri

The regional inspectorate functions as the internal auditor of the government which has the task of carrying out regional government general oversight activities and other tasks assigned by the regional head. In order to prevent the occurrence of irregularities and abuse of authority in the administration of government, in each government institution a government internal supervision institution is formed which specifically carries out the supervisory function. Government internal supervision institutions are institutions that are formed and internally are part of the government system that has the main tasks and functions in the field of supervision. The analytical method used in this research is descriptive qualitative method. This type of research used aims to obtain an overview and understanding and also explain how the supervision carried out by the Batang Hari Regional Inspectorate in the Batang Hari Regional Organization by basing on the results of observations, interviews, documentation, and literature studies. Based on the results of research conducted by the author of the Implementation of Supervision of Regional Inspectorate in the Regional Organization of the Batang Hari Regency, in general it has been implemented well, effectively and in accordance with the SOP, but there are still shortcomings, one of which is the timeliness in the issuance of the Audit Report.


2016 ◽  
Vol 1 (2) ◽  
pp. 196
Author(s):  
Pangi Syarwi Chaniago

<p>This study was carried out to evaluate the enforcement of the first direct district heads election in 2015, in order to promote the quality of democracy. This study applied qualitative method. There were several findings on this study; (1) direct district heads election has not been efficient yet; (2) direct district heads election has not been able to promote political participation; (3) direct district heads election has not been able to shut off money politic; (4) recruitment the election of district head candidates has not been transparant; (5) financing of direct election was not charged (appropriate) to Regional Government Budget; (6) Constitutional Court refused to adjudicate the dispute of election results if the margin of ballot more than 2%, it broke sense of justice; (7) the phenomenon of the emergence of a single candidate for district heads due to regulations, the must withdraw from candidacy for they were civil servants, military/police, House of Representatives, Regional Representative Board and Regional House of Representatives.</p>


Author(s):  
I W Wedana Yasa ◽  
I G. B Sila Dharma ◽  
I Gst Ketut Sudipta

To obtain the maximum and sustainable advantage it needs to carry out the operational and maintenance (OP) activities of TPA. It is necessary to maintain the Bangli Regional TPA so that it will give maximum and sustainable advantages. This study was aimed at identifying various major risks which may interfere with the TPA operating and maintenance so that mitigation can be done and to determine the risk ownership. The collected data were analyzed using descriptive qualitative method through the following stages: the risks were identified, the risks were evaluated, the risks were coped with, and the risk ownership could be identified. The risks identified totaled 72 consisting of: 9 (12.5%) risks which were under the unacceptable category, 16 (22.22%) risks which were under the acceptable category, and 1 (1.39%) risk which was under the negligible category. The major risks amounted to 55 risks (76.39%), included the obstacle to establishing the institution which was fully responsible for the operating and maintenance of the Bangli Regional TPA, the limited amounts of funds allocated by the central government, the provincial government, and the regency governments which were integrated into the Regional TPA, the obstacle to creating an affiliation between the government and the private institutions, and other risks. The risk mitigation was done by avoiding risks, reducing risks, and transferring risks starting from the institutional, regulation and financial aspects, and technical and non technical problems. Most risk ownerships were the responsibility of the Bangli Regional TPA management.


Author(s):  
Zakariya Zakariya ◽  
Teguh Santoso ◽  
Samsul Arifin ◽  
Taufillah Ifada ◽  
May Yusita Sari

Since the issuance of Presidential Regulation No. 87 of 2016 concerning the task force to clean up illegal levies (Saberpungli), as a manifestation of Jokowi's commitment to the nine ideals (nawacita)  that have been scheduled by the Jokowi government, especially related to the goal of strengthening the country's presence in conducting corruption-free, dignified and reliable system reform and law enforcement has been followed up by the provincial government. The province of East Java is no exception. The East Java government has made a Sweep-Off Task Force for Illegal Levies with the issuance of the Governor's policy No. 188/624 / KTPS / 013/2016. The implementation of the Governor's regulation has not been effective and efficient because the capture operation in its implementation only targets illegal levies valued at Rp. 10.00 - Rp. 100,000, while the legal process in each case costs between Rp. 50,000,000 to Rp. 100,000, - In addition, when a suspect acts to serve public activities, public service activities are hampered. For example educators, paramedics and others. The research question is Why The Implementation of the clean-up policy for illegal levies has not yet reached the target in East Java? This study uses a qualitative method approach by exploring information from key informants involved in implementing Saberpungli's policies, namely from the inspectorate, prosecutor's office and police as the main data and related documents. The results of the study show that the implementation of the clean-up policy in East Java was not able to reach the target due to five factors. First, coordination between task forces is still weak. Second, the lack of support from the regional government budget in other levies. Third, there is no SOP that the implementing agency can agree on and understand. As for recommendations that the implementation of the clean-up policy of illegal levies can reach the target, it is necessary to demonstrate the commitment of the provincial government by budgeting appropriately and need to increase coordination with the SOP as a shared direction in eradicating the practice of illegal collection in the public sector.


2019 ◽  
Vol 2 (01) ◽  
pp. 29-43
Author(s):  
Poetri E Suradinata ◽  
Apolus Betaubun ◽  
Fransiskus Wuniyu

In an organization the oversight function is very much needed, with good supervision can prevent the occurrence of irregularities and ensure that the implementation of the organization's activities goes according to a predetermined plan. Supervision will provide greater benefits for an organization in dealing with deviations that have occurred, because if deviations can be prevented, then large losses can be avoided so that organizational goals will be achieved in an effective and efficient manner. This research uses a descriptive qualitative method, which will describe how the supervisor function of the district head in the implementation of the Bangsaku program in Merauke Regency. The results of this study are that the Supervision Function of the District Head in the implementation of the My Community Program in the Village, has been running optimally this will have an impact on the implementation of development and the results of development that are less well felt by the community, any assistance of My Bangs funds can reach their hands, and they too involved in the implementation so that there is no suspicion or fraud faced by the villagers. The control function carried out by the district head, often descends directly into the field and participates in checking what is done by the community related to the use of my nation's funds and any funds received by community, from income, expenditure to the reporting process of the use of funds used by the community.   


Acta Comitas ◽  
2019 ◽  
Vol 4 (1) ◽  
pp. 119
Author(s):  
I Putu Dedy Putra Laksana

Constitutional Court Verdict Number 56 / PUU-XIV / 2016 have the potential to cause juridical implications in terms of carrying out control of the Regional Government. As for the purpose of this study is to analyze and find the ideal form related to the supervision of the Central Government in the formation of Regional Regulations after the issuance of the Constitutional Court Verdict Number 56 / PUU-XIV / 2016. The type of research used in this study is normative legal research. As for the implications after the issuance of the Constitutional Court Verdict Number 137 / PUU-XIV / 2016 on Central Government control in the formation of Regional Regulations namely; Contradictory to the Principles of the Unitary State, the Central Government Only has the Authority to Implement Preventive, Regional Regulations Can Only Be Applied for Judicial Review to the Supreme Court, Inhibit Central Government Policy on Deregulation, and Not in accordance with the Good Governance Principles. Whereas the conclusion is the central government can issue recommendations or recommendations to the regional government to immediately make an amendment to the regulation that is considered contrary to the provisions of the legislation higher law, public interest and decency, but if in a state of urgency the Central Government can become a defendant for judicial review of that Regional Regulation. Putusan Mahkamah Konstitusi Nomor 56/PUU-XIV/2016 berpotensi menimbulkan implikasi yuridis terutama dalam hal pengawasan pembentukan Peraturan Daerah. Adapun tujuan studi ini adalah untuk menganalisis dan menemukan bentuk yang ideal terkait pengawasan Pemerintah Pusat dalam pembentukan Peraturan Daerah pasca diterbitkannya Putusan Mahkamah Konstitusi Nomor 56/PUU-XIV/2016. Jenis penelitian yang digunakan dalam penelitian ini adalah penelitian hukum normatif. Adapun impilikasi pasca diterbitkannya Putusan Mahkamah Konstitusi Nomor 137/PUU-XIV/2016 terhadap pengawasan Pemerintah Pusat dalam pembentukan Peraturan Daerah yakni; Bertentangan dengan Prinsip Negara Kesatuan, Pemerintah Pusat Hanya Berwenang Melaksanakan Pengawasan Preventif, Perda Hanya Dapat Dimohonkan Uji Materiil/Judicial Review Kepada Mahkamah Agung, Menghambat Kebijakan Pemerintah Pusat Tentang Deregulasi, dan Tidak Mencerminkan Prinsip Good Governance. Pemerintah pusat dapat menerbitkan anjuran atau rekomendasi kepada Pemerintah Daerah untuk segera mengadakan perubahan terhadap Perda yang dianggap bertentangan dengan ketentuan Peraturan Perundang-undangan yang lebih tinggi, kepentingan umum, dan kesusilaan, namun apabila dalam keadaan mendesak Pemerintah Pusat dapat menjadi Pemohon uji materiil terhadap Perda tersebut.


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