KETIDAKEFEKTIFAN KEBIJAKAN ANTI-DUMPING PRODUK IMPOR BAJA INDONESIA: SEBUAH ANALISIS AWAL

2017 ◽  
Vol 11 (2) ◽  
pp. 143-168
Author(s):  
Aditya Paramita Alhayat

Meskipun Indonesia telah mengenakan tindakan anti-dumping terhadap beberapa jenis produk baja, namun impor produk tersebut masih meningkat. Salah satu kemungkinan penyebabnya adalah importasi melalui produk yang dimodifikasi secara tidak substansial atau melalui negara ketiga yang tidak dikenakan tindakan anti-dumping, yang dalam perdagangan internasional umum disebut sebagai praktik circumvention. Studi ini ditujukan untuk membuktikan bahwa circumvention mengakibatkan tindakan anti-dumping atas impor produk baja Indonesia tidak efektif dan untuk memberikan masukan berdasarkan praktik di negara lain supaya kebijakan anti-dumping Indonesia lebih efektif. Circumvention dianalisis dengan membandingkan pola perdagangan antara sebelum dan setelah pengenaan bea masuk anti-dumping (BMAD) menggunakan data sekunder dari Badan Pusat Statistik (BPS) maupun Global Trade Information Services (GTIS). Hasil analisis menunjukkan adanya indikasi kuat bahwa circumvention mengkibatkan pengenaan tindakan anti-dumping impor produk baja di Indonesia menjadi tidak efektif. Oleh karena itu, sangat penting bagi Pemerintah Indonesia untuk segera melakukan penyempurnaan terhadap Peraturan Pemerintah No. 34/2011 tentang Tindakan Antidumping, Tindakan Imbalan, dan Tindakan Pengamanan Perdagangan dengan memasukkan klausul tindakan anti-circumvention yang setidaknya mencakup bentuk-bentuk dan prosedur tindakan, sebagaimana yang telah dilakukan beberapa negara seperti: AS, EU, Australia, dan India. Although Indonesia has imposed anti-dumping measures on several types of steel products, the import of steel products is still increasing. One possible cause is that imports are made by non-substantial modification of product or through a third country which is not subject to anti-dumping measures, which is generally referred as circumvention practice. This study is aimed to prove that circumvention made Indonesian anti-dumping actions on the steel products ineffective. This also study provides recommendation for a best practice for other countries so that Indonesia's anti-dumping policy can be more effective. Circumvention was analyzed by comparing trade patterns between before and after the imposition of anti-dumping duty using secondary data from the Central Bureau of Statistics (BPS) and the Global Trade Information Services (GTIS). The results of the analysis indicate that circumvention became the reason why Indonesian anti-dumping measures on imported steel products are ineffective. Therefore, it is very important for the Government of Indonesia to immediately make amendments to the Government Regulation No. 34/2011 on Antidumping, Countervailing, and Safeguard Measures by adopting clauses of anti-circumvention. This can be done bycovering the forms/types and procedures of action, as has been implemented by several countries such as the US, EU, Australia, and India.

Author(s):  
Fitrotu Aini

ABSTRACTHajj as a great symbol of worship. Hajj is the fifth pillar of Islam which is mandatory for every Muslim who are able to da it in accordance with the legal requirement of pilgrimage. One of the legal conditions of Hajj is the capability, capable to cover the cost of the hajj and the family left behind. Panin Bank Dubai Sharia Bank was established based on the regulation of Limited Company No. 12 dated January 8, 1972 by Moeslim Dalidd, a notary in Malang. PT. Bank Panin Dubai Syariah Tbk has been legalized by the Financial Services Authority ("OJK"), in accordance with a copy of the policy of the Board of Commissioners of OJK No. Kep-29 / D.03 / 2016 on July 26, 2016.Therefore, through this research, the writer wants to understand: (1) how is the practice of applying alternative financial agreement of hajj and umrah after the implementation of regulation made by ministry of religious affair No. 24 year 2016 at Panin Bank Dubai Syariah Surabaya branch? (2) What is the analysis of Islamic law on the practice of multilateral contract alternative application in this Bank? Therefore, this study is aimed to, firstly, understand and describe the application of alternative contracts to hajj and umrah after the regulation of Ministry of Religious Affairs No. 24 of 2016 in Panin Bank Dubai Sharia branch Surabaya, and to describe the analysis of Sharia Economic Law about the practice of applying alternative contract in the bank.The method used in this research is qualitative method. The research data are taken in natural situation in Panin Bank Dubai Syariah Surabaya. The data are taken during operational hours using case study approach. Are done through interview technique with the main participant, Assistant Manager 1, and document, archive, book, sample of registration, as secondary data source. The data are analyzed through 3 (three) data deduction, display data and ended with conclusion and verification.The results of the study indicate that the Panin Bank Dubai Sharia runs in accordance with the government regulation No. 24 year 2016 "BPS BPIH is prohibited from providing direct and indirect Hajj money service" including Hajj and Umrah services using various financing products and funds saving, funds collecting in the form of deposits, savings or other forms, using multi-service financing akad wadi'ah, with the savings of hajj services with initial minimum deposit of Rp500,000,and according to customers’ ability. Keywords: hajj, umrah, wadi'ah.


2020 ◽  
Vol 2 (4) ◽  
pp. 443
Author(s):  
Muhammad Adib ◽  
Sri Kusriyah Kusriyah ◽  
Siti Rodhiyah Dwi Istinah

Government Regulation No. 53 of 2010 regarding the discipline of the Civil Servant loading obligations, prohibitions, and disciplinary action which could be taken to the Civil Servant who has been convicted of the offense, is intended to foster a Civil Servant who has committed an offense, the form of disciplinary punishment is mild, moderate, and weight. Disciplinary punishment for the Civil Servant under Government Regulation No. 53 of 2010 Concerning the Discipline of Civil Servants. The formulation of this journal issue contains about how the process of disciplinary punishment, and constraints and efforts to overcome the impact of the Civil Servant disciplinary punishment in Government of Demak regency. The approach used in this study is a sociological juridical approach or juridical empirical, that is an approach that examines secondary data first and then proceed to conduct research in the field of primary data normative. The process of giving disciplinary sanctions for State Civil Apparatus in Government of Demak regency begins with the examination conducted by the immediate supervisor referred to in the legislation governing the authority of appointment, transfer and dismissal of civil servants. The results showed that in general the process of sanctioning / disciplinary punishment of civil servants in the Government of Demak be said to be good and there have been compliance with the existing regulations / applied in Government Regulation No. 53 of 2010, although it encountered the competent authorities judge still apply tolerance against the employee, but also a positive impact among their deterrent good not to repeat the same offense or one level higher than before either the Civil Servant concerned or the other. Obstacles in carrying out disciplinary punishment in Government of Demak regency environment is still low awareness of employees to do and be disciplined in performing the tasks for instance delays incoming work, lack of regulatory discipline, lack of supervision system and any violations of employee discipline. There must be constraints to overcome need for cooperation with other stakeholders comprising Inspectorate, BKPP, and the immediate superior civil servants in this way can be mutually reinforcing mutual communication, consultation, coordination so that if later there is a problem in the future could be accounted for.Keywords: Delivery of Disciplinary Sanctions; Civil Servant; Government Regulation No. 53 of 2010.


2010 ◽  
Vol 6 (3) ◽  
pp. 145
Author(s):  
I Nyoman Adiyasa ◽  
Hamam Hadi ◽  
I Made Alit Gunawan

Background: Increasing number of poor families leads to higher prevalence of malnourishment and malnutrition. The prevalence of malnutrition in children under five based on weight/age at the Province of Nusa Tenggara Barat and Bengkulu 2005 was above the national target. An effort made by the government to minimize the prevalence of malnourishment/ malnutrition is through the distribution of individual complementary breastfeeding for infants and children of 6-24 months old from poor families. The program had been implemented since 2003-2005 and there were problems of its implementation. In 2007 the program was re-implemented through the program of instant powder and biscuit complementary breastfeeding distribution but its achievement has never been evaluated.Objective: To evaluate the achievement of instant powder and biscuit complementary breastfeeding program at Mataram Municipality, District of Lombok Barat, Lombok Timur, and Bengkulu Utara 2007.Method: The study was observational with pre and posttest design using descriptive, analytical, quantitative, qualitative, and explorative approaches. Subjects were managers of complementary breastfeeding program at provincial, district/ municipal level, health centers, villages/integrated service post and program target. Variables of input, process, output and outcome were obtained through observation, filling in questionnaires, indepth interview, and secondary data recording. Data were analyzed descriptively, analytically, and qualitatively.Result: In the aspect of input, only human resources that was quantitavely adequate, and so were technical guideline at Lombok Timur, Complementary breastfeeding packages relevant with the quantity proposed at Bengkulu Utara. Budget for socialization and program guidebook at Bengkulu Utara were not available. Distribution method was relevant with the guidebook. In the aspect of process, planning was irrelevant with the guidebook; storage was 43.8% relevant with the requirement; distribution was 31.3% relevant with the schedule, quantity and types; monitoring was relevant with the schedule of integrated service post. In the aspect of output, the program was 78.8% relevant with target; 32.5% relevant with quantity; 95.6% could improve weight gain (p < 0.05). In the aspect of outcome: the program could overcome and prevent the prevalence of malnutrition, malnourishment and sustain good nutrition status as much as 55.6% and the result of Z-score statistical test was p < 0.05.Conclusion: Achievement of instant powder and biscuit complementary breastfeeding program in aspect of input was average at three districts/municipality and good at District of Lombok Timur and poor at District of Bengkulu Utara; in aspect of output was poor at three districts/municipality and average at District of Bengkulu Utara; in aspect of outcome was poor at all districts/municipality. There was difference in average weight target before and after the supply of complementary breastfeeding. There was difference in average Z score target before and after the supply of complementary breastfeeding.


2018 ◽  
Vol 54 ◽  
pp. 03005
Author(s):  
Islamiyati ◽  
R. Bondan Agung Kardono ◽  
Aditya Wirawan

The waqf land certification is free charged whereas the general land is not. The research analyzes the article 22 from the government regulation Number 13 Year 2010 concerning the government policy of tax exemption of waqf land certification based on public administration law. The purpose of the research is to understand and to analyze the reasons of government publishing this kind of policy in the perspective of Administrative Law. The kind of research is library research, it needs secondary data, which consists of the material of primary, secondary and tertiary laws. The approach is juridical normative and the analysis is qualitative. The result of the research explains that the government publish the policy of tax exemption with the objective to make Waqf land useful for the society, to accelerate of Waqf land legalization, to protect and to optimize the function of Waqf land. This policy is one effort to understand the waqf action that having a sense of religious service as well as having law certainty. The government policy is the implementation of Administrative Law function in order to create a clean and appropriate government with the good general government principal, such as legality, equity, justice, law protection, wisdom, general need implementation and smart action.


2019 ◽  
Vol 2 (2) ◽  
Author(s):  
Nur Khasanah ◽  
Prihartini Budi Astuti ◽  
Ika Neni Kristanti

This research attempts to analyze the effects of the economic integration of the ASEAN Economic Community (AEC) which was implemented since 2015. The impact analyzed is focused on investments made in Indonesia, both investments made by foreign investors and domestic investors. Another thing that was also highlighted in this study was the flow of exports and imports. This was also investigated because one of the policies contained in the agreement of the ASEAN economic community was the elimination of international trade barriers. In addition to the two things above, researchers also analyzed the influence of the ASEAN economic community on the use oflabor in Indonesia. The data analyzed in this study are secondary data obtained from the relevant agencies. The method used in this study is a different sample pair test. This method is used because the research conducted is comparing the conditions of investment, export-import and use of labor in Indonesia before and after the economic integration of the ASEAN Economic Community. At the end of this study, researchers will provide recommendations to the government regarding what should be done by the government to optimize investment activities, exports and use of local labor in Indonesia.


2015 ◽  
Vol 4 (4) ◽  
pp. 147-159
Author(s):  
Angela Winnie Kandandu ◽  
Edwin Beukes ◽  
Olumide Henrie Benedict

The aim of the underlying study to this paper is to evaluate the audit committees in the government ministries in Namibia; by assessing their composition, the function and regulations that govern committees. The study used a qualitative approach of inquiry. A purposive sampling method was used as the researcher selected ministries with audit committees. Thematic and content analysis was used in this study. Both primary and secondary and data were used. On primary data, interviews were conducted and recorded with a voice recorder. Secondary data was during the review of existing literature on the subject. The study found that from the 4 government ministries with audit committees, only one ministry consisted of independent members as well as an independent chairperson, while 3 ministries are chaired by members within their organisations. There was clear evidence of lack of accounting / financial /auditing competence among the committee members. This trend is contrary to the best practice which requires that the chairperson of the audit committees be independent of the ministry as well as the members of the audit committee. The finding indicates possibility of lack of capacity to carry out the functions of audit committees; weak internal control systems; chances of conflict of interest and complacency due to the lack of independence. There is avenue for further research as more ministries in Namibia are now establishing their audit committees, especially as the Namibian Code of Corporate Governance (the NamCode) gains more popularity among the public sector.


2015 ◽  
Vol 6 (2) ◽  
Author(s):  
Yuli Rawun ◽  
Agus T. Poputra ◽  
Lintje Kalangi

In an effort to increase voluntary compliance with tax obligations and encourage the contribution of revenues from the UMKM sector, the Government has issued Government Regulation No. 46 2013. The new Tax Regulation has the advantage of rates that are used less than the previous fare, ie 1% of gross turnover.Regulation No. 46 2013 taxpayer applies for personal and / or agency that has a certain gross income, ie income less than 4.8 M. The aim of this study was to analyze the impact of adoption of Government Regulation No. 46 2013 of Paying Income Tax by Taxpayers at KPP Pratama Manado. The analytical method used is using two different test samples / dependent groups (paired) or Paired Sample T Test. Paired Sample t test course used when the two groups are interconnected. Two paired sample means a sample with the same subject but have two different treatments or measurements of, for example, before and after. Results of this study indicate that there is a difference between before and after the enactment of Government Regulation No. 46 Year 2013, but the difference that causes a decrease in the amount of tax paid by individual taxpayers who use the recording but for individual taxpayers who use the books there is no significant difference. As for corporate taxpayers that difference causes an increase on the amount of income tax payments by using final tax. Thus the application of Regulation No. 46 Year 2013 needs to be socialized again to taxpayers who are not registered in the KPP Pratama Manado in order to increase the amount of income tax payments.


Author(s):  
M. KHAIRUL WARDI

The spirit of building a nation began before and after Indonesia's independence. One of the ways is by establishing a Social Organization, the provisions of the Law on Mass Organizations under the Staatsblad 1870 Number 64 concerning Legal Entities (Rechtspersoonlijkhied van Vereenigingen) which were established before the Proclamation of Independence of the Republic of Indonesia and consistently maintaining the Unitary State of the Republic of Indonesia. as a national asset and do not need to register in accordance with the provisions of this Law. Organizations are required to have AD and ART to be used as guidelines in carrying out organizational activities, ratification as a Association Legal Entity issued by the Minister of Law and Human Rights. CBOs are prohibited from spreading teachings and actions that are contrary to Pancasila. So that Law Number 17 of 2013 concerning Mass Organizations is no longer sufficient, finally the government issued Government Regulation in Lieu of Law Number 2 of 2017 to explain more broadly about prohibited teachings / understandings. The research method used is normative research, with the focus of the study being on the statutory approach to the establishment and dissolution of Community Organizations and reviewing the Supreme Court Decisions related to the establishment and dissolution of CSOs by taking case studies of NW and HTI decisions. The purpose of this study is to find out how the procedures for establishing community organizations and the dissolution mechanism of CSOs. Furthermore, conducting a case study based on the Decision of the Supreme Court Number 37K / TUN / 2016 concerning the establishment of Nahdlatul Wathan (NW) and Decision Number 27K / TUN / 2019 concerning the dissolution of the Indonesian Hizb ut-Tahrir Association (HTI).


2018 ◽  
Author(s):  
Jurnal ARISTO ◽  
Mery Yanti ◽  
Alamsyah

This article designed to examine patronage practice in the 2014 general election in Ogan Ilir district, South Sumatera Province, Indonesia, before and after election in one electoral area (Ogan Ilir 1). We apply Nine Step to Victory (Alamsyah, 2015) framework to achieve this goal. Our key informants are some legislative candidates and their brokerage or winning team at various level. Primary data gathered through depth interview and secondary data collected from the government institution. This data will be analyzed using interactive model (Miles, Huberman, and Saldana, 1994). Drawing on the qualitative approach, we find that, before election day, all candidates in this area practicing vote buying and patronage to get political support from the voters. A form of patronage dominated by club goods, and cash transfer (transport allowance, communication and consumption cost, and vote buying). We do not find incumbency candidate who is practicing fork barrel. After election day, especially when the winner candidates, has been working as a legislator, he has an obligation to continuing patronage through informal and cultural networking (personal or community event). In this various event, he must deliver goods, services, or money to the people (as an individual or group). Our results are strengthening the previous finding that all candidates have begun implementing patronage strategy when they are recruiting the winning team, campaign, and realize vote buying. Family, especially extended family, and friendship is the primary foundation for all candidates to build brokerage (the winning team) structure. All candidates also using “by name by address” strategy to guide vote-buying practice. We discuss this finding, showing limitation and agenda for the research on this topic.


2016 ◽  
Vol 2 (2) ◽  
pp. 165
Author(s):  
Masta Haro

ABSTRAK Pendahuluan: Tahap pendidikan Keperawatan tahap profesi (Ners) sepenuhnya dilakukan di institusi pelayanan kesehatan, namun fakta menunjukkan belum ada Rumah Sakit Pendidikan (RSP) Keperawatan dan Peraturan Pemerintah yang mengatur tentang perlindungan kepada mahasiswa profesi ners termasuk hak dan kewajiban mahasiswa profesi ners belum ada. Tujuan: penelitian ini untuk mengetahui perlindungan hukum terhadap mahasiswa pendidikan Ners dalam melaksanakan praktik klinis di institusi pelayanan kesehatan. Metode: Metode penelitian ini adalah pendekatan yuridis normatif, yaitu penelitian hukum yang dilakukan dengan cara meneliti data atau bahan perpustakaan yang merupakan data sekunder berupa bahan hukum primer, bahan hukum sekunder maupun bahan hukum tersier. Hasil: Penelitian ini mengindikasikan bahwa belum adanya kejelasan hukum dan aturan yang kongkrit yang memberikan perlindungan kepada mahasiswa profesi ners dalam melaksanakan praktik klinisnya. Diskusi: Diharapkan agar pemerintah membuat peraturan yang jelas sebagai perlindungan hukum bagi mahasiswa pendidikan Ners dalam melakasanakan praktik klinis, mendorong Rumah Sakit Pendidikan Perawat, institusi pendidikan Ners mempersiapkan mahasiswa secara optimal, Institusi Kesehatan mempersiapkan pembimbing lapangan secara optimal, serta memasukkan penyelenggaraan praktik klinis pendidikan Ners di dalam Hospital By Law atau Clinic By Law.   Kata Kunci: Perlindungan hukum, Mahasiswa Pendidikan Ners, Institusi Kesehatan   ABSTRACT Introduction: The phase of nursing profession of Indonesian nursing education system (after Bachaleurate) are fully carried out at the health care institutions, yet there is no teaching hospital (RSP), Nursing Association and Government Regulation that protect nursing students which regard to their responsibilities and rights. The purpose of this study to determine setting of legal protection against nursing students profession in implementing clinical. Method: This research utilized normative juridical approach, legal research conducted by examining the data or material library is secondary data in the form of primary legal materials, secondary law or tertiary legal materials. Result: The result of this study indicate that legal protection for profession nursing students in implementing clinical practice is unclear and not concrete. Discussion: It is recomended the government make clear regulations as legal protection for profesion nursing student in implementing clinical practice, education agency nursing prepare students optimally, Health Institutions prepare for mentor optimally, and include the clinical practice in the Hospital by Law or clinic by Law. Keywords: Legal Protection, Profession Nursing Student, Health Institutions


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