Znaczenie zasady adekwatności dla funkcjonowania jednostek samorządu terytorialnego

2021 ◽  
pp. 288-299
Author(s):  
Miłosz Kłosowiak
Keyword(s):  
Local Government ◽  
Significant Role ◽  
Economic Situation ◽  
Economic Downturn ◽  
Tax Revenues ◽  
Constitutional Tribunal ◽  
The Law ◽  
Financial Liquidity

The principle of adequacy is one of the rules constitutes the method of financing local government units. Due to the insufficient degree of detail in the normative regulation of the discussed principle, the significant role of the jurisprudence of the Constitutional Tribunal should be emphasized. The principle of adequacy is a postulate aimed at shaping the rules of supplying the budgets of local government units in relation to the scope of their tasks. The implementation of the adequacy principle may be influenced by objective factors (e.g. fluctuations in the economic situation resulting in lower tax revenues) and factors in the form of changes in the law or changes related to its application (impact of jurisprudence). The economic downturn related to COVID-19 required the legislator’s intervention to reduce the risk of a lack of financial liquidity in local government units.

AUTONOMY OF LOCAL GOVERNMENT AS REGARDS TAX REVENUES – THE LEGAL ASPECTS

2018 ◽  
Vol VIII (z. 2) ◽  
pp. 150-156
Author(s):  
Justyna Orlikowska
Keyword(s):  
Local Government ◽  
Legal Aspects ◽  
Judicial Decisions ◽  
Tax Revenues ◽  
Constitutional Tribunal

The issue of local government units' autonomy as regards tax revenues is analysed based on the source literature and the judicial decisions of the Constitutional Tribunal. The author has studied mainly the legal aspects of financial and revenue autonomy of communes. Moreover, the problem of poviats’ and voivodeships’ autonomy in tax issues has been presented. However, the rights of poviats and voivodeships to influence revenues are limited. Nevertheless, it can be acknowledged that the powers of communes as regards taxes are properly governed.

scholarly journals Polish Democracy Under Threat? An Issue of Mere Politics or a Real Danger?

2016 ◽  
Vol 9 (1) ◽  
pp. 49-68 ◽  
Author(s):  
Sava Jankovic
Keyword(s):  
Political System ◽  
Civil Service ◽  
The Media ◽  
Constitutional Tribunal ◽  
The Law ◽  
Law And Justice ◽  
Ruling Party ◽  
Real Danger

Abstract Poland has recently experienced a constitutional crisis. The crisis involves the role of the Law and Justice Party (PiS) in the election of judges and amendments to the Constitutional Tribunal Act which threatens the independence of the Tribunal. The situation is exacerbated by changes in the media, civil service, police, and prosecution laws introduced by the ruling party. This article analyses the changes, as well as the domestic and international reactions to the crisis, and considers whether the heavy criticism of the PiS is justified, or whether it results from, for instance, specific characteristics of the Polish political system and an unfavourable opinion in Europe about the Law and Justice party.

scholarly journals THE ROLE OF ZAKAT ON ADDRESSING POVERTY REDUCTION IN YOBE STATE

2021 ◽  
pp. 22-26
Author(s):  
MUSA UMAR YAKASAI ◽  
MUNUBIYYAH SANI JIBRIN ◽  
LAWAN ALI ZANNA
Keyword(s):  
Factor Analysis ◽  
Local Government ◽  
Financial Institutions ◽  
Significant Role ◽  
Local Governments ◽  
Poverty Reduction ◽  
T Test ◽  
Essential Tool ◽  
Islamic Financial Institutions

Poverty has become paramount, and it is been given much emphasis in different aspects since the declaration and introduction of the Zakat institutions in Yobe State Nigeria. The declaration focuses strongly on the reduction of state poverty within the recent activities of Islamic Financial Institutions as Islam provides an essential tool to completely prove in reducing poverty. The objective of the study is to assess the role of Zakat in addressing some levels of poverty reduction in Yobe State, Nigeria. A survey was conducted within 17 local governments of Yobe State, in which 20 questionnaires were served to each local government with total of 340. The study employed factor analysis for assessing the relation between the variables adopted, and descriptive and independent t-test analyses are considered for the analyses. The result shows that the Zakat has played a significant role in addressing poverty reductions in Yobe State, Nigeria.

Politik Hukum Pengaturan Organisasi Sayap Partai Politik dalam Hukum Positif Indonesia

2020 ◽  
Vol 3 (2) ◽  
pp. 17-32
Author(s):  
Putra Perdana Ahmad Saifulloh
Keyword(s):  
Political Parties ◽  
Significant Role ◽  
Research Method ◽  
The Political ◽  
Conceptual Approach ◽  
Positive Law ◽  
The People ◽  
The Law

This article aims to answers the problem of organizing the Political Parties Wings in Positive Law. This research used a normative juridical research method, with a statutory, historical, and conceptual approach. The result of this research shows that Legal Politics of the Wing of Political Parties in the Law on Political Parties in Indonesia is to strengthen political parties in carrying out broader articulation and aggregation of interests. As well as imparting significant role of political parties in carrying out their functions to connect with the people directly, especially in bridging and fighting for the people interests.

scholarly journals TRANSPLANTASI HUKUM MODERN TERHADAP BUDAYA HUKUM KOMUNITAS PENGRAJIN DALAM MELINDUNGI DESAIN TRADISIONAL KERAJINAN PERAK CELUK DI KABUPATEN GIANYAR BALI

2016 ◽  
Vol 1 (1) ◽  
pp. 9
Author(s):  
Simona Bustani
Keyword(s):  
Local Government ◽  
Central Government ◽  
Legal Culture ◽  
Economic Losses ◽  
Descriptive Research ◽  
Traditional Design ◽  
Maximum Effort ◽  
The Law ◽  
The Impact

Currently, traditional design violations often occur that impact on economic losses. This remained the case even though Indonesia has a law design. One problem is the lack of effective implementation of the law in protecting traditional designs Celuk Silver. Therefore, how the impact of the law against legal culture transplant community craftsmen silver in Celuk Gianyar Bali in protecting traditional design in the era of globalization? How efforts to improve the legal culture community silversmith in Celuk Gianyar Bali in protecting traditional design motif in the era of globalization? For that type of normative legal research used socio-legal approach, the nature of descriptive research. Analyzed qualitatively. Law transplanted modern laws that have an impact on culture clash the laws of society that is sketched on the level of public knowledge silversmith about a law design only 20 %, while the related understanding silversmith about the content of the regulation 10%, while revenues silversmith against a law design only 8 %, and community artisans who did not know about a law design is 45 %, the remaining 17 % abstained. Therefore, efforts need to be done is to from a team to the youth Bali socializing, exploring, involving institutional organizations associated Balinese silversmiths in Bali to collect data and to receive input on drafting regulations that support protection of traditional craft design motif. However, the role of local government and communities had not been sufficient to achieve maximum results. Therefore, maximum effort is needed in doing the role of the central government in providing facilities and infrastructure for data collection by involving community organizations and local government silversmith preparing the legislation relating to the protection of traditional design motif silver Celuk Bali representing regional assets.

scholarly journals Legal Obstacles in Shari’ah Corporate Governance of Islamic Financial Institutions in Malaysia

2011 ◽  
Vol 24 (2) ◽  
pp. 179-182 ◽  
Author(s):  
Aishath Muneeza Aishath Muneeza
Keyword(s):  
Corporate Governance ◽  
Financial Institutions ◽  
Significant Role ◽  
Asia Pacific ◽  
Business Research ◽  
Research Conference ◽  
Islamic Financial Institutions ◽  
King Abdulaziz University ◽  
The Law

This paper was sent to be published in the Journal of King Abdulaziz University for Islamic Economics. Also, it was presented in different title( ) in the Asia-Pacific Business Research Conference in Malysia, February 2011. The researchers highlighted the significant role of the Shari’ah corporate governance in the effectiveness and stability of Islamic financial Institutions in Malaysia. They outline the roles of corporate governance (in both conventional and Islamic corporations) through which it can be directed, administered and controlled. However, they argue that Shari’ah corporate governance has different perspective and methodology. The Shari’ah corporate governance primary is based on the tenets of Islam as the primary law and then on other positive laws, such as laws regulating the interest of the directors and the stakeholders. They described the structure of shari’ah corporate governance in Malaysia in order to emphasize and underscore some legal obstacles in the Shari’ah corporate governance and suggest some practical solutions to reform absence in the law.

scholarly journals The Role of Indonesian Constitutional Court In Protecting Energy Security

2016 ◽  
Vol 13 (2) ◽  
pp. 241
Author(s):  
Muhammad Siddiq Armia
Keyword(s):  
Significant Role ◽  
Energy Security ◽  
Electrical Power ◽  
Public Debate ◽  
Law Reform ◽  
Constitutional Court ◽  
Mineral Mining ◽  
Basic Norm ◽  
The Law

After more a decade, Indonesian Constitutional Court (ICC) has importantly played a significant role in the law reform, such  as  protecting  energy  security  through  their judgements. ICC comes out of the box, creating unpredictable judgements, and ensuring the justice values. In protecting energy security ICC makes important breakthrough with reviewing Act Number 22 of 2001 on the Oil and Earth Gas, Act Number 4 of 2009     on the Mineral Mining and Coal, and invaliding Act Number 20 of 2002 on the Electrical Power. Those acts contradict the basic norm in the 1945 Constitution. Although creating public debate, ICC judgment should be   appreciated.

scholarly journals Legal Protection for Hajj Pilgrims Through Regional Regulation

MAZAHIB ◽  
2018 ◽  
Vol 17 (2) ◽  
Author(s):  
Achmad Irwan Hamzani ◽  
Siswanto Siswanto ◽  
Havis Aravik
Keyword(s):  
Local Government ◽  
Local Governments ◽  
Legal Protection ◽  
Legal Services ◽  
Government Responsibility ◽  
Normative Approach ◽  
Optimal Service ◽  
The Law ◽  
The Government

The Law on the Conduct of Hajj Pilgrimage mandates the management of the Hajj pilgrimage is organized by the government. This management includes the coaching, service, and protection of the pilgrims from Indonesia, in Saudi Arabia, to returning to the homeland. This law also stipulates that the authority to conduct Hajj pilgrimage management is not only vested to the Ministry of Religious Affairs but also may involve the local government. This article aims to look at the role of local governments in providing service assistance and legal protection to the conduct of Hajj pilgrimage by means of regional regulations or bylaws. Using a normative approach, this article analyzes the extent to which the importance of bylaws in helping implement services for pilgrims. The results of this study confirm that there are 3 important arguments for why the local government must issue regional regulations to provide legal services and protection for pilgrims. First, philosophically, the pilgrimage journey does not depart from Jakarta only, but through the origin area which is still in the corridors of power of the local government. Second, sociologically, it is a form of the local government responsibility to the local people who perform the Hajj pilgrimage. Third, juridically, bylaws should regulate technical matters in order to provide optimal service in the conduct of the Hajj pilgrimage which is pursuant to the Law and regulations on Hajj pilgrimage in Indonesia.Keywords: legal protection, hajj pilgrims, regional regulation.AbstrakUndang-Undang penyelenggaraan ibadah haji mengamanatkan pengelolaan pelaksanaan ibadah haji yang meliputi pembinaan, pelayanan, dan perlindungan jamaah haji semenjak dari tanah air, di Arab Saudi, hingga kembali ke tanah air. Undang-undang ini juga memerintahkan kewenangan pelayanan masalah haji tidak hanya pada kementerian Agama, namun boleh melibatkan pemerintah daerah. Artikel ini bertujuan untuk melihat peran pemerintah daerah dalam memberikan bantuan layanan dan perlindungan hukum melalui peraturan daerah. Dengan menggunakan pendekatan normatif, artikel ini menganalisis sejauh mana pentingnya peraturan daerah menjadi peraturan di tingkat daerah dalam membantu melaksanakan pelayanan terhadap jamaah haji. Hasil dari artikel ini menegaskan bahwa terdapat 3 argumen penting mengapa Pemerintah Daerah harus mengeluarkan peraturan daerah guna memberikan pelayanan dan perlindungan hukum bagi jamaah haji. Pertama, secara filosofis perjalanan ibadah haji tidak berangkat dari Jakarta, tetapi melalui daerah asal yang masih dalam koridor pemerintah daerah. Kedua, Kedua, secara sosiologis sebagai bentuk tanggung jawab Pemerintah Daerah kepada masyarakat daerah yang menunaikan ibadah haji. Ketiga, secara yuridis PERDA mengatur secara teknis dalam rangka memberikan pelayanan yang optimal dalam penyelenggaran ibadah haji sesuai dengan Undang-Undang Republik Indonesia Nomor 13 Tahun 2008 tentang Penyelenggaraan Ibadah Haji dan Peraturan Pemerintah Republik Indonesia Nomor 79 Tahun 2012 tentang Pelaksnaan Undang-Undang Republik Indonesia Nomor 13 Tahun 2008 tentang Penyelenggaraan Ibadah Haji.Kata kunci: perlindungan hukum, ibadah haji, peraturan Daerah

scholarly journals Independence of the Indonesian Constitutional Court in Norms and Practices

2017 ◽  
Vol 3 (1) ◽  
pp. 71
Author(s):  
Luthfi Widagdo Eddyono
Keyword(s):  
Significant Role ◽  
Political Institutions ◽  
Public Trust ◽  
Judicial Power ◽  
Constitutional Court ◽  
The Third ◽  
The Law ◽  
And Behavior ◽  
Ethics Council

Article 24 (1) of the 1945 Constitution States after the third amendment, “the judicial power shall be independent in administering justice so as to uphold the law and equality.” The Indonesian Constitutional Court is one of the performers of the independent judicial power who plays a significant role in the enforcement of the constitution and the principle of the state based on the law by its authority and obligations as determined by the 1945 Constitution. This paper intends to study the Indonesian Constitutional Court to find out whether the Constitutional Court in exercising its constitutional authority can be independent. Also, this article will examine not just institutional independence but also judges independence to understand current issues related to the role of ethics and conduct of judges. The independence of the Indonesian Constitutional Court supported by the 1945 Constitution after the amendments from 1999 until 2002, and further stipulated in Law. However, it can be said that this institution has ups and downs of public trust due to corruption cases conducted by constitutional justices. Also, in several political instances showed efforts of political institutions to limit the authority of the Constitutional Court. In its experiences, the Constitutional Court succeeded in convincing the parties through its decisions and strengthening institutional independence against the influence that tried to destabilize its institutions. The Council of Ethics of Constitutional Judges that maintains the values and behavior of judges also continuously works and efficient enough in overseeing the ethics and conduct of judges. The decision of the Ethics Council may also be accepted as a proportional decision.

scholarly journals Law Enforcement and Human Rights (The Role of Muhammadiyah in the Humanitarian Case in Kendari)

Al-'Adl ◽  
2021 ◽  
Vol 14 (1) ◽  
pp. 27
Author(s):  
Muhammad Alifuddin ◽  
Suarni Suarni
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Significant Role ◽  
Human Life ◽  
Phenomenological Approach ◽  
Human Rights Law ◽  
Hermeneutic Phenomenological ◽  
The Law ◽  
Depth Interviews

This research aims to describe the role of Muhammadiyah in law enforcement and human rights in Kendari. The main problem that becomes the focus of this study is: what is the role and form of Muhammadiyah involvement in encouraging human rights law enforcement efforts for the 26th September 2019 case in Kendari, and what factors have pushed Muhammadiyah to be involved in this problem? The study of the problem is based on qualitative data obtained through in-depth interviews, observation and document study. The collected data were analyzed using a data analysis mechanism developed by Miles and Hubermen combined with Von Eckartsberg's hermeneutic phenomenological approach. This study concludes: (1). Muhammadiyah as a social element of Islam in Kendari plays a significant role in encouraging the law enforcement process for humanitarian cases that cause the loss of human life. The indicator of this significant role is the success of the Muhammadiyah Advocate Team in bringing and forwarding the related cases to the general court until the Panel of Judges sentenced the defendant to 4 (years) in prison. Second: the form of Muhammadiyah's involvement in cases of law and human rights violations in Kendari is to provide assistance to victims and witnesses and to oversee the law enforcement process down to the court level. Third: the serious efforts shown by Muhammadiyah elements in guarding the process and law enforcement on the 26 September 2019 case cannot be separated from the basic ideology of the Muhammadiyah movement, namely the preaching of amar maruf nahi munkar.

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