scholarly journals Problematik Definisi Harta Pailit untuk Mencapai Kepastian Hukum dalam Pelaksanaan Kepailitan dan PKPU

2019 ◽  
Vol 6 (2) ◽  
pp. 130
Author(s):  
Adriel Michael Tirayo ◽  
Yoefanca Halim
Keyword(s):  
Third Party ◽  
Bankruptcy Law ◽  
Legal Certainty ◽  
Literature Study ◽  
The Public ◽  
The Government ◽  
Definition Of ◽  
Legal Product ◽  
Legal Entities

<p>A legal product is expected to realize 3 legal purposes, which is Justice, Expediency and Legal Certainty. The definition of bankrupt assets is not mentioned implicitly in the Bankruptcy Law, that can lead to multiple interpretations. In practice, it happened in the court judgement Number 33/Pailit/2009/PN.Niaga.Jkt.Pst for the bankruptcy of PT. Tripanca Group, due to the absence of clear provisions relationg to bankruptcy assets. In this case, the problem to be answered is how is the implementation of bankrupt assets definitions in the court judgement Number 33/Pailit/2009/PN.Niaga.Jkt.Pst and the efforts that can be made related to the implementation of bankrupt assets definitions. This research used normative juridical method through literature study, then the data has been analized qualitatively and conclusions are drawn inductively. The results showed that the definition of "bankruptcy assets" in practice led to multiple interpretations as contained in the court judgement Number 33/Pailit/2009/PN.Niaga.Jkt.Pst, where the judge also included assets that did not belong to the debtor (third party collateral) into assets bankruptcy as a guarantee of repayment of debt. Therefore, efforts that can be made by the government are to revise the Bankruptcy Law, specifically related to the definition of Bankruptcy Assets to provide Legal Certainty and to disseminate information to legal entities, non-legal entities, and the public so as to gain understanding and knowledge related to Bankruptcy and PKPU in particular about bankruptcy assets.</p>

DIRECTIONS FOR PROVISION OF PUBLIC BODIES’ TRANSPARENCY AND ACCOUNTABILITY IN CONDITIONS OF PARTICIPATORY DEMOCRACY DEVELOPMENT

2018 ◽  
Vol 1 (11) ◽  
pp. 144-154
Author(s):  
Olga Mykhailоvna Ivanitskaya
Keyword(s):  
Public Administration ◽  
Participatory Democracy ◽  
Main Task ◽  
The Public ◽  
State Governance ◽  
Legislative Initiative ◽  
The Government ◽  
Definition Of ◽  
The Right ◽  
Transparency And Accountability

The article is devoted to issues of ensuring transparency and ac- countability of authorities in the conditions of participatory democracy (democ- racy of participation). It is argued that the public should be guaranteed not only the right for access to information but also the prerequisites for expanding its par- ticipation in state governance. These prerequisites include: the adoption of clearly measurable macroeconomic and social goals and the provision of control of the processes of their compliance with the government by citizens of the country; ex- tension of the circle of subjects of legislative initiative due to realization of such rights by citizens and their groups; legislative definition of the forms of citizens’ participation in making publicly significant decisions, design of relevant orders and procedures, in particular participation in local referendum; outlining methods and procedures for taking into account social thought when making socially im- portant decisions. The need to disclose information about resources that are used by authorities to realize the goals is proved as well as key performance indicators that can be monitored by every citizen; the efforts made by governments of coun- tries to achieve these goals. It was noted that transparency in the conditions of representative democracy in its worst forms in a society where ignorance of the thought of society and its individual members is ignored does not in fact fulfill its main task — to establish an effective dialogue between the authorities and so- ciety. There is a distortion of the essence of transparency: instead of being heard, society is being asked to be informed — and passively accept the facts presented as due. In fact, transparency and accountability in this case are not instruments for the achievement of democracy in public administration, but by the form of a tacit agreement between the subjects of power and people, where the latter passes the participation of an “informed observer”.

GOOD GOVERNANCE, AKUNTANSI PEMERINTAHAN DAN EKONOMI KERAKYATAN

2007 ◽  
Author(s):  
Yuskar Yuskar
Keyword(s):  
Private Sector ◽  
Social Welfare ◽  
Natural Resources ◽  
Good Governance ◽  
Financial Economic ◽  
Strong Impact ◽  
Governance Mechanism ◽  
Literature Study ◽  
The Public ◽  
The Government

Good governance is a ware to create an efficient, effective and accountable government by keeping a balanced interaction well between government, private sector and society role. The implementation of a good governance is aimed to recover the public trust for the government that has been lost for the last several years because of financial, economic and trust crisis further multidimensional crisis. The Misunderstanding concept and unconcerned manner of government in implementing a good governance lately have caused unstability, deviation and injustice for Indonesia society. This paper is a literature study explaining a concept, principles and characteristics of a good governance. Furthermore, it explains the definition, development and utility of an efficient, effective and accountable government in creating a good governance mechanism having a strong impact to the democratic economy and social welfare. It also analyzes the importance of government concern for improving democratic economy suitable with human and natural resources and the culture values of Indonesia.

Pengukuran Pihak Ketiga Pasca Asas Contradictoire Delimitatie di Kabupaten Sidoarjo dan Pasuruan

Tunas Agraria ◽  
2020 ◽  
Vol 3 (2) ◽  
pp. 53-75
Author(s):  
Dedy Setyo Irawan ◽  
Harvini Wulansari
Keyword(s):  
Secondary Data ◽  
Third Parties ◽  
Third Party ◽  
Problem Analysis ◽  
Legal Certainty ◽  
Land Registration ◽  
Descriptive Approach ◽  
The Government ◽  
Ownership Of Land

Abstract: Complete Systematic Land Registration is a program which taken by the government in providing legal certainty in the field of land in Indonesia. PTSL activities at Sidoarjo Regency and Pasuruan Regency Land Office are carried out with third parties. Before starting the measurement, it is necessary to carry out the contradictoire delimitatie principle to ensure legal certainty of ownership of land rights. The research used a qualitative method with a descriptive approach. The data analysis carried out by compiling logically proportional statements to answer research questions. Problem analysis is carried out by making a description based on premier data and secondary data obtained through interviews and observations of implementation. The results of the research showed that the implementation of the contradictoire delimitatie principle is broadly following PP. No. 24 of 1997 and PMNA KaBPN No. 3 of 1997. The results of the study also showed that there were obstacles in the implementation of the contradictoire delimitatie principle, such as the third parties were not following technical guidelines No. 01 / JUKNIS-300/1/2018 annex 10 in the making of measurement drawings. Quality control is needed to improve the quality of work and results of third party products and minimize land problems in the future.Keywords: principle of contradictoire delimitation, third party. Intisari : Pendaftaran Tanah Sistematis Lengkap (PTSL) merupakan langkah pemerintah dalam memberikan jaminan kepastian hukum dalam bidang pertanahan di Indonesia. Kegiatan PTSL di Kantor Pertanahan Kabupaten Sidoarjo dan Kabupaten Pasuruan dilaksanakan bekerjasama dengan Pihak Ketiga yang sebelumnya melalui tahapan asas contradictoire delimitatie untuk menjamin kepastian hukum kepemilikan hak atas tanah. Metode penelitian yang digunakan adalah metode kualitatif dengan pendekatan deskriptif. Teknik analisa yang dilakukan yaitu dengan menyusun pernyataan-pernyataan proposional secara logis untuk menjawab pertanyaan penelitian. Analisa permasalahan dilakukan dengan membuat uraian berdasarkan data premier dan data sekunder yang diperoleh melalui wawancara serta observasi langsung terhadap pelaksanaan kegiatan. Hasil penelitian menunjukkan bahwa pelaksanaan asas contradictoire delimitatie secara garis besar telah sesuai dengan PP. No. 24 Tahun 1997 dan PMNA KaBPN No. 3 Tahun 1997. Dalam pelaksanaanya terdapat hambatan yakni  pembuatan Gambar Ukur oleh Pihak Ketiga tidak sesuai dengan pedoman JUKNIS No. 01/JUKNIS-300/1/2018 lampiran 10. Sehingga diperlukan pengawasan kendali mutu terkait pekerjaan dan hasil produk dari Pihak Ketiga agar kedepannya hasil pekerjaan yang dihasilkan lebih baik dan tidak menjadi permasalahan pertanahan dikemudian hari.Kata Kunci : asas contradictoire delimitatie, pihak ketiga.

scholarly journals PERANAN NEGARA DAN HUKUM DALAM MEMBERANTAS KEMISKINAN DENGAN MEWUJUDKAN KESEJAHTERAAN UMUM

2010 ◽  
Vol 40 (3) ◽  
pp. 390
Author(s):  
Yohanes Suhardin
Keyword(s):  
Social Justice ◽  
The State ◽  
Public Welfare ◽  
The Public ◽  
Role Of The State ◽  
Strategic Role ◽  
The Creation ◽  
The Government ◽  
Legal Product

AbstrakThe role of the state in combating poverty is very strategic. Combatingpoverty means to free citizens who are poor. The strategic role given thenational ideals (read: state) is the creation of public welfare. Therefore,countries in this regard the government as the organizer of the state musthold fast to the national ideals through legal product that is loaded withsocial justice values in order to realize common prosperity. Therefore, thenature of the law is justice, then in the context of the state, the lawestablished for the creation of social justice. Law believed that social justiceas the path to the public welfare so that the Indonesian people in a relativelyshort time to eradicate poverty.

scholarly journals Criminal Liability and Crime and Punishment Proportionality in the Crime of Legal Entities

2016 ◽  
Vol 9 (6) ◽  
pp. 61
Author(s):  
Samira Soltani ◽  
Ahmad Ramazani
Keyword(s):  
Criminal Liability ◽  
Penal Code ◽  
Legal Person ◽  
The Public ◽  
Crime And Punishment ◽  
Economic Exclusion ◽  
The Law ◽  
Definition Of ◽  
Legal Entities ◽  
The Way

One of the innovations of Islamic Penal Code in 2013 was to accept criminal liability of legal entities. By accepting criminal liability of legal entities, the way to punish them is arisen. As a legal person cannot commit any crime, any punishments are not applicable to them. Accordingly, Article 20 of this Law enumerated a list of penalties applicable to legal persons and it was tried to use penalties in accordance with the legal entities to deal with them. Punishments such as dissolution, confiscation, cash fine, announcement of the judgment, Diyeh, social and economic exclusion; such as a ban on business activities, prohibition of the public invitation to raise capital and ban from drawing business documents listed in Article 20 and Article 14, are a set of punishments which relatively different from usual punishment for individuals. These penalties are relative diversity, but what is objectionable is that the details and conditions of implementation of each of these punishments are not clear. If legislator described the details exactly or provided the condition to require the adoption of The Executive Bylaw of the punishment, it would be better. Given that all the points and issues about penalties for legal persons are not stated in this law as well as ambiguities in the law for a comprehensive definition of legal person, the way to implement main and supplementary punishments, In this study it was tried to evaluate and criticize the legal entities penalties including main and supplementary ones and their grading.

scholarly journals ANALISIS PENERAPAN WILAYAH KERJA PPAT BERDASARKAN PERATURAN PEMERINTAH NOMOR 24 TAHUN 2016 TENTANG PERUBAHAN ATAS PERATURAN PEMERINTAH NOMOR 37 TAHUN 1998 DI PROVINSI DKI JAKARTA

2018 ◽  
Vol 1 (1) ◽  
pp. 267
Author(s):  
Ivandi Setiawan ◽  
Rasji .
Keyword(s):  
Government Regulation ◽  
Property Right ◽  
Public Official ◽  
Legal Certainty ◽  
The Public ◽  
Work Area ◽  
The Government ◽  
The Right

PPAT is a public official authorized to make authentic deeds concerning certain legal acts concerning the right to land or the Property Right of the Flats Unit. Government Regulation No. 24 of 2016 is the latest regulation made by the government to regulate provisions on PPAT. in Government Regulation No. 24 of 2016 in Article 12 paragraph one explained that the scope of work area of PPAT is expanded into one province where in the previous regulation that is government regulation number 37 year 1998 explained that the scope of work of PPAT is only limited to district only. but the fact is now the government regulation number 24 of 2016 has not been applied efficiently, especially in terms of the scope of work of PPAT, it happens because of several factors that hamper causing the loss of effectiveness in Article 12 Paragraph one of Government Regulation No. 24 of 2016 . it is of course also contrary to the legal certainty that the public should have legal certainty with the enactment of the government regulation number 24 of 2016 by the government then the regulation should be applicable in the scope of the working area of PPAT should be applicable in practice in the community. contrary to lex posterior derogate legi priori principle which explains that in the same rules the new rules can replace the old rules. the approach used in this study using the approach of law.

scholarly journals PERLINDUNGAN HUKUM PENCATATAN LOGO SEBAGAI CIPTAAN SETELAH BERLAKUNYA UNDANG-UNDANG NOMOR 28 TAHUN 2014 TENTANG HAK CIPTA

NOTARIUS ◽  
2019 ◽  
Vol 12 (1) ◽  
pp. 118
Author(s):  
Widowati Maria Teresa ◽  
Budi Santoso
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Protection ◽  
The Public ◽  
The Creation ◽  
The Government ◽  
Legal Entities

With the enactment of Law Number 28, 2014 About Copyright the creation of art in the form of a logo or distinctive sign is used as a brand in the trade of goods/services or used as a symbol of the organization, entity, or legal entities can not be recorded. Logo that cannot be registered as creation may be registered as trademarks and obtain trademarks protection. Associated with the unregistered logo in the List of Works does not reduce the copyrights protection of the logo, because the protection of the logo as Creation appears declaratively. Consequences of the unlisted logo in the List of Works are logo will not get an official passage on Creation. The government needs to tighten substantive and material checks on all works listed in the field of Intellectual Property Rights and the government may take the initiative to carry out dissemination and counselling accessible to the public especially for business practitioner. Keywords : Logo, Legal Protection, Copyrights AbstrakDengan diberlakukannya Undang-undang Nomor 28 Tahun 2014 Tentang Hak Cipta, seni lukis yang berupa logo atau tanda pembeda yang digunakan sebagai merek dalam perdagangan barang/jasa atau digunakan sebagai lambang organisasi, badan usaha, atau badan hukum tidak dapat dicatatkan. Logo yang tidak dapat dicatatkan sebagai Ciptaan dapat didaftarkan sebagai Merek dan mendapatkan perlindungan Merek. Terkait dengan tidak dicatatkannya logo dalam Daftar Ciptaan tidak mengurangi perlindungan Hak Cipta atas logo, karena perlindungan logo sebagai Ciptaan muncul secara deklaratif. Konsekuensi dari tidak dapat dicatatkannya logo dalam Daftar Ciptaan adalah Ciptaan logo tidak akan mendapatkan petikan resmi atas Ciptaan. Pemerintah perlu untuk memperketat pemeriksaan substantif maupun materiil terhadap seluruh karya yang didaftarkan di seluruh bidang Hak Kekayaan Intelektual dan dapat mengambil inisiatif untuk melakukan diseminasi dan penyuluhan yang dapat diakses secara mudah bagi masyarakat pada umumnya dan pelaku bisnis pada khususnya. Kata kunci : Logo, Perlindungan Hukum, Hak Cipta 

Policy Feedback in the Public–Private Welfare State: Advocacy Groups and Access to Government Homeownership Programs, 1934–1954

2015 ◽  
Vol 29 (2) ◽  
pp. 250-267 ◽  
Author(s):  
Chloe N. Thurston
Keyword(s):  
Civil Rights ◽  
Welfare State ◽  
Third Party ◽  
Policy Feedback ◽  
Advocacy Groups ◽  
Market Mechanisms ◽  
The Public ◽  
Federal Housing ◽  
The Government

Scholarship on the U.S. public–private welfare state has pointed to the ways in which indirect, market-based channels of social policy provision often obscure the role of the government from many citizens who use these programs. This article argues that the same mechanisms that often depoliticize public–private policies for citizens who already benefit from them may actually politicize them for citizens who are unable to access those benefits. Focusing on the responses of black civil rights and veterans advocacy groups to the shortcomings of the Federal Housing Administration and the early GI Bill, it shows that public–private policies can draw advocacy groups, providers, and the state into conflicts over the terms of access. Despite facing very different challenges and bringing very different political capacities to bear, these two types of groups followed precisely the same processes of political mobilization and contestation in each case: First, they aggregated individual grievances into broader collective problems. Then, they traced those problems not to impersonal market mechanisms but to government policies and state authority. Finally, they pushed for reform across multiple venues to expand access for their members. By explicating these recurrent political dynamics, this article contributes to our understanding of policy feedback in the public–private welfare state and highlights the role of advocacy groups in helping to reshape the state's capacity to govern in a policy arena that is often characterized as dominated by third-party providers.

scholarly journals MERETAS URGENSI AUDIT KINERJA DALAM MENCIPTAKAN AKUNTABILITAS KINERJA INSTANSI PEMERINTAH KOTA/KABUPATEN

2018 ◽  
Vol 6 (1) ◽  
Author(s):  
Sugimin Sugimin
Keyword(s):  
Evaluation Instrument ◽  
Literature Study ◽  
Internal Auditor ◽  
Policy Makers ◽  
The Public ◽  
Performance Accountability ◽  
Efficiency And Effectiveness ◽  
The Government ◽  
And Control ◽  
Basic Standards

This article explains the urgency of an audits performance (value for money audits) in creating of performance accountability at cityor district government instance. This study was conducted by literature study with reference to a number of previous study and related regulations. The results of the study indicate that performance is a formal evaluation instrument for the government program. It helps to increase the public accountability by providing information concerning the government performance that may not be accessible to the public. The understanding of this concept and its implementation will enable to achieve optimal accountability for the public sector. It is concerned about performance audits centered on economic achievement, efficiency, and effectiveness depend on the existence of regulation, planning, assessment, authorization and control over the use of its resources. It is the responsibility of the public policy makers to establish the arrangements and to ensure that they are functioning appropriately. The responsibility of the internal auditor is to independently verify that execution of activities by policymakers have complied with the basic standards.

scholarly journals Tafsir Wewenang Seponering Jaksa Agung Pasca Putusan Mahkamah Konstitusi Nomor 29/PUU-XIV/2016

2021 ◽  
Vol 4 (2) ◽  
Author(s):  
Ilham Dwi Rafiqi
Keyword(s):  
Public Interest ◽  
Attorney General ◽  
State Power ◽  
Constitutional Court ◽  
Court Decisions ◽  
Legal Certainty ◽  
The Public ◽  
Legal Implications ◽  
The Republic ◽  
Definition Of

The affirmation of the attorney general's authority in the Elucidation of Article 35 letter C of the Indonesian Prosecutor's Law after the decision of the Constitutional Court Number 29/PUU-XIV/2016 still leaves problems and has the potential to cause new legal problems. This research will look at and analyze how the authority of the Attorney General after the decision is as well as how the concept of an ideal arrangement that ensures legal certainty. This research uses normative juridical research with a statutory approach and case studies which in this case are court decisions. The results showed that after Constitutional Court decision, there was a change in the meaning of the Elucidation of Article 35 letter c of the Republic of Indonesia Prosecutor's Law. Based on the results of these interpretations and decisions, the legal implications that followed were related to the conditions for setting aside cases in the public interest, namely in setting aside cases in the public interest, the Attorney General was required to 'require' first to pay attention to suggestions and opinions from state power agencies that have relationship with the problem. The concept of an ideal arrangement that can guarantee legal certainty as an indicator to measure and assess the implementation of the Attorney General's obligations can be done by clarifying the definition of "state power agencies" for which advice and opinions are requested and making criteria for the term "public interest".

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