scholarly journals REVITALISASI BADAN WAKAF INDONESIA (BWI) ANALISIS KRITIS UNDANG-UNDANG NOMOR 41 TAHUN 2004 TENTANG WAKAF

2019 ◽  
Vol 11 (1) ◽  
pp. 15
Author(s):  
Hidayatullah Hidayatullah ◽  
Faris Ali Sidqi
Keyword(s):  
State Budget ◽  
Roles And Responsibilities ◽  
Management And Development ◽  
The Status ◽  
Legal Position ◽  
Institutional Status ◽  
Constitutional System ◽  
Independence Structure ◽  
Implementation Management ◽  
Government Institution

AbstractThis study aims to illustrate how the existence and position of Badan Wakaf Indonesia according to Law Number 41 of 2004 concerning Waqf, will then be studied more deeply to find out how to revitalize the status, roles and responsibilities of Badan Wakaf Indonesia in managing waqf in Indonesia in the context of management endowments that are effective and effective. The establishment of Badan Wakaf Indonesia (BWI) is a consequence of the issuance of Law No. 41 of 2004 concerning Waqf so that Badan Wakaf Indonesia has a strong legal position in the structure of national law. However, in the legal construction of the authority, duties and responsibilities of Badan Wakaf Indonesia there are several shortcomings, namely related to the status, independence, structure, duties and funding of this institution, which has a very significant effect on the implementation, management and development of endowments in Indonesia. Therefore, one of the ways to revitalize the status, roles and responsibilities of the Indonesian Waqf Agency in waqf regulation is to improve the institutional status of Badan Wakaf Indonesia to become a Nonstructural Government Institution (LNS) so that it becomes clear in the constitutional system which is directly under the President and can budgeting for their own funds charged to the state budget, the institutional status can be equated with the National Zakat Amil Agency (BAZNAS).Keywords: Revitalization, Badan Wakaf Indonesia, Endowments.AbstrakPenelitian ini bertujuan untuk memberikan gambaran bagaimana eksistensi dan kedudukan Badan Wakaf Indonesia menurut Undang-Undang Nomor 41 Tahun 2004 tentang Wakaf, kemudian akan dikaji lebih dalam untuk menemukan bagaimana merevitalisasi status, peran dan tanggung jawab Badan Wakaf Indonesia dalam pengelolaan wakaf di Indonesia dalam konteks pengelolaan wakaf yang berdaya guna dan berhasil guna. Dibentuknya Badan Wakaf Indonesia (BWI) merupakan konsekuensi dari lahirnya Undang-Undang Nomor 41 Tahun 2004 tentang Wakaf sehingga Badan Wakaf Indonesia mempunyai kedudukan hukum yang kuat dalam struktur hukum nasional. Namun dalam konstruksi hukum tentang wewenang, tugas dan tanggungjawab Badan Wakaf Indonesia terdapat beberapa kekurangan, yaitu terkait dengan status, independensi, struktur, tugas dan pembiayaan lembaga ini, yang mana hal  tersebut berpengaruh sangat signifikan terhadap pelaksanaan, pengelolaan dan pengembangan perwakafan di Indonesia. Oleh karena itu, salah satu langkah merevitalisasi status, peran dan tanggung jawab Badan Wakaf Indonesia dalam regulasi wakaf adalah dengan meningkatkan status kelembagaan Badan Wakaf Indonesia menjadi Lembaga Pemerintah Nonstruktural (LNS) sehingga menjadi jelas dalam sistem ketatanegaraan yang mana kedudukannya langsung berada di bawah Presiden dan dapat menganggarkan sendiri pembiayaannya yang dibebankan kepada APBN, status kelembagaan tersebut dapat disamakan dengan Badan Amil Zakat Nasional (BAZNAS).Kata kunci: Revitalisasi, Badan Wakaf Indonesia, Wakaf

Hukum Denda dalam Keuangan Publik Islam di Indonesia

2018 ◽  
Vol 12 (2) ◽  
pp. 313-328
Author(s):  
Fathul Aminudin Aziz
Keyword(s):  
Islamic Law ◽  
The State ◽  
Mutual Benefit ◽  
State Budget ◽  
The People ◽  
The Status ◽  
The Government

Fines are sanctions or punishments that are applied in the form of the obligation to pay a sum of money imposed on the denial of a number of agreements previously agreed upon. There is debate over the status of fines in Islamic law. Some argue that fines may not be used, and some argue that they may be used. In the context of fines for delays in payment of taxes, in fiqh law it can be analogous to ta'zir bi al-tamlīk (punishment for ownership). This can be justified if the tax obligations have met the requirements. Whereas according to Islamic teachings, fines can be categorized as acts in order to obey government orders as taught in the hadith, and in order to contribute to the realization of mutual benefit in the life of the state. As for the amount of the fine, the government cannot arbitrarily determine fines that are too large to burden the people. Penalties are applied as a message of reprimand and as a means to cover the lack of the state budget.

scholarly journals SPATIAL DATA: FROM CARTOGRAPHY TO GEODATABASE

2017 ◽  
Vol 43 (4) ◽  
pp. 142-146 ◽  
Author(s):  
Ugo FALCHI
Keyword(s):  
Spatial Data ◽  
Common Good ◽  
Spatial Information ◽  
Geographic Information ◽  
The Public ◽  
Significant Acceleration ◽  
Management And Development ◽  
The Status ◽  
History Of ◽  
Essential Knowledge

The final goal of this paper was to fix a brief summary on the status of geographic information in Italy due to the technological steps and national regulations. The acquisition, processing and sharing of spatial data has experienced a significant acceleration thanks to the development of computer technology and the acknowledgment of the need for standardization and homogenization of information held by pub­lic authorities and individuals. The spatial data represents the essential knowledge in the management and development of a territory both in terms of planning for safety and environmental prevention. In Italy there is an enormous heritage of spatial information which is historically affected by a problem of consistency and uniformity, in order to make it often contradictory in its use by the public decision-maker and private par­ties. The recent history of geographic information is characterized by a significant effort aimed at optimiz­ing this decisive technical and cultural heritage allowing the use of it to all citizens in a logic of sharing and re-use and may finally represent a common good available to all.

scholarly journals State Owned Enterprises Finance from the Perspective of State Funds

Yuridika ◽  
2019 ◽  
Vol 35 (2) ◽  
pp. 363
Author(s):  
Sopian Sitepu
Keyword(s):  
Law Enforcement ◽  
The State ◽  
Company Law ◽  
Legal Issues ◽  
Clear Distinction ◽  
Constitutional Court ◽  
Court Decisions ◽  
State Budget ◽  
Legal Subject ◽  
The Status

The existence of State-Owned enterprises (SOE) as one of Indonesia’s legal entities, whereby the State owns part of all of the capital of the company has presented several legal issues. The BUMN Act that has become the basis for establishing State-Owned enterprises has become its own independent legal subject and separates itself from the wealth of the State and has adhered to the provisions of the Company Law Act so that the capital that is presented by the State to the corporation remains as the capital of the SOE and not form the State. However, existing legislations regarding State funds places the funds for SOE as being part of the State budget. This ambiguity in the status of BUMN Funds is not only found in legislations but also in two different constitutional court decisions that presents inconsistencies towards law enforcers. This clear distinction is crucial in the practice of law enforcement in Indonesia.

scholarly journals Current problems of outlining the list of law enforcement agencies of Ukraine: theoretical and legal principles and significance for law-enforcement practice (on the example of the State Emergency Service of Ukraine)

2020 ◽  
Vol 3 (3) ◽  
pp. 83-89
Author(s):  
Volodymyr Ivantsov
Keyword(s):  
Law Enforcement ◽  
Law Enforcement Officers ◽  
Practical Implementation ◽  
Government Agencies ◽  
Law Enforcement Agencies ◽  
Legal Principles ◽  
The Status ◽  
Basic Functions ◽  
Legal Position ◽  
State Body

It is emphasized that the current legislation uses the terms "law enforcement agency", "law enforcement officer", which is directly correlated with law enforcement activities, which in turn indicates the unconditional relevance of the current study. This article analyzes the current legislation in order to separate law enforcement agencies from other government agencies, in order to assign certain positions of government agencies to law enforcement officers. As a result, the imperfections of the definitions of Ukrainian legislation for unambiguous identification of both law enforcement activities and the list of law enforcement agencies have been established. Theoretical and legal bases for establishing the affiliation of a state body to the list of law enforcement agencies in terms of practical implementation of current regulations are obtained by assessing the status of the Civil Service of Ukraine for Emergencies, namely: the assignment of a body to law enforcement should be carried out separately , taking into account the legal position (status) of such body defined in normative legal acts; if the endowment of a certain entity with the status of a law enforcement body has not occurred normatively, it is necessary to proceed from the analysis of the purpose (tasks) and basic functions assigned to a particular body and, accordingly, the powers vested in such a body It has been proved that SES bodies do not belong to law enforcement bodies, as they belong to the unified state system of civil protection (SES bodies are not assigned law enforcement tasks and / or functions; they are not endowed with law enforcement powers), and their officials cannot be recognized as law enforcement officers. body. It is emphasized that the legal approach proposed by the author to establish the affiliation of a state body to the list of "law enforcement agencies" may be fully applicable to other subjects of power, which in the future will provide an opportunity to outline the comprehensive range of law enforcement agencies in Ukraine.

scholarly journals DUE TO LEGAL POSITION AND LEGAL SURROGACY AGREEMENT AS AN INNOMINAAT AGREEMENT IN THE PERPECTIVE OF CIVIL LAW, ISLAMIC LAW AND NATIONAL LAW

2019 ◽  
Vol 6 (1) ◽  
pp. 90
Author(s):  
Peni Rinda
Keyword(s):  
Legal Status ◽  
Islamic Law ◽  
Civil Law ◽  
Literature Study ◽  
Specification Method ◽  
The Status ◽  
Technological Developments ◽  
Legal Position ◽  
Community Issues

Technological developments in medicine have provided an outlet for community issues with the discovery of a new method of artificial insemination is known as in vitro fertilitization (IVF). For couples who want to have children but due to medical reasons can not obtain offspring naturally, with IVF method can obtain offspring / children. But in its development appears IVF lease term or the surrogate mother's womb, the sperm and ovum from a legitimate married another woman entered in the womb. Therefore the aim of this study to determine the legal position of surrogacy agreement as an innominaat agreement in the perspective of civil law, Islamic law national law, This research used normative juridical approach, descriptive analytical research specification, method of data collection is done with a literature study on legal materials, both primary legal materials, as well as secondary materials, then analyzed by qualitative descriptive. The results showed that a good legal position surrogacy agreement according to the Civil Law, Islamic law and national law is as the agreement is not named (innominaat) and surrogacy agreement is not allowed or unlawful. While the legal consequences of surrogacy agreements either under Civil Law, Islamic law, and national law relating to the status of children, descent problems, inheritance and other rights. The legal status of children under civil law can be a legitimate child of the surrogate mother, it could be a child outside of mating recognized, while according to Islamic law status of the child as a child of the uterus rental yields laqith, while according to national law, the legal status of the child as a foster child. This inheritance rights issue depends the legal status of the child, there is nothing not inherit (civil relationship with his mother).

scholarly journals Leading and education of talented employees as one of the major impacts of globalization on human resources management

2020 ◽  
Vol 74 ◽  
pp. 04029
Author(s):  
Luba Tomcikova ◽  
Jana Coculova
Keyword(s):  
Human Resources ◽  
Human Resource ◽  
Business Performance ◽  
Human Resources Management ◽  
Talent Management ◽  
Roles And Responsibilities ◽  
Talented People ◽  
Management And Development ◽  
Modern Business ◽  
Acquisition Management

Human resources and knowledge play an important role in the today’s fast-changing world. Human resource optimization is achieved when human resources are aligned with key organizational initiatives to maximize business performance. Talented people are the future of every business. Leading and developing the potential of talented employees should be on the agenda of every modern business. Businesses that know what globalization brings try to attract talented people as talented people are playing an increasingly important role in all sectors, thus confirming that talent management is becoming the fastest growing global human resource management trend. Many businesses realize that they must relocate their business, sometimes even across borders, to succeed. Working with talent must be a top priority for businesses, as talent needs to be constantly developed and managed. The aim of the paper is to define the basic concepts related to the acquisition, management and development of talents at the theoretical level and to point out the importance of talent management as it is becoming an important global trend. Based on the survey we carried out and literature available, the main objective of the paper is to identify key roles and responsibilities that talented employees take upon, to specify a set of requirements placed upon talented employees and to identify factors determining the ability of a business to attract talents.

scholarly journals Gender and Modernization in Turkey

2012 ◽  
Vol 2 (5) ◽  
pp. 273 ◽  
Author(s):  
Tülin Tuna
Keyword(s):  
Gender Equality ◽  
Education Level ◽  
Turkish Republic ◽  
Men And Women ◽  
Roles And Responsibilities ◽  
Legal Reforms ◽  
Multiple Factors ◽  
The Status ◽  
Key Words Gender ◽  
Status Of Women

This article aims to explain gender equality in Turkey. The gender concept which implies socially determined roles and responsibilities of men and women varies across different societies and in time. The gender is determined by multiple factors. Besides gender has an impact on every period of life in different ways. There can be inequality in using the opportunities, allocation and utilization of resources, accessing the services because of gender. Women have more disadvantages and lower social statuses compared with men are influenced much negative from so-called inequalities. Several reforms have been carried out since beginning of Turkish Republic in order to provide gender equality. These reforms aim to boost the woman’s economic, cultural and social development. However, today sex based inequality is one of the foremost current problems, although these reforms. When the status of woman in Turkey is examined, it is observed that education level of woman has low and involvement in business life is inadequate. Together with this fact, it is obvious that woman could not exceed gender role despite legal reforms in Turkey and take its place in political area. However, fertility conscious of women started to increase. Therefore, the rates of fertility decrease. To sum up, it was observed that today there are many stages in order to reach the level desired in regard to provide gender equality.   Key Words: Gender in Turkey, Gender equality, The Status of Women in Turkey.

Legal privilege in EU competition law and the potential implications of Brexit

2018 ◽  
Vol 17 (2) ◽  
pp. 86-89
Author(s):  
Chris Owen
Keyword(s):  
Competition Law ◽  
Eu Law ◽  
Legal Advice ◽  
The Past ◽  
Eu Competition Law ◽  
The Status ◽  
Legal Position ◽  
The Subject

The status of legal advice provided by lawyers being protected by privilege in EU competition investigations has been the subject of much legal scrutiny in the past two decades. This article provides a recap of the current legal position in EU law, analyses how that position might change for UK qualified lawyers post-Brexit and also considers the position of advice provided by EEA qualified lawyers in English proceedings post-Brexit.

scholarly journals Debt Component of Ensuring the Sustainability of Public Finances in Ukraine: The Status and Trends

2021 ◽  
Vol 7 (522) ◽  
pp. 178-186
Author(s):  
T. A. Koliada ◽  
◽  
L. Y. Bench ◽  
N. D. Rybina ◽  
◽  
...  
Keyword(s):  
The State ◽  
Financial Risks ◽  
Medium Term ◽  
State Budget ◽  
Public Finances ◽  
Managerial Decisions ◽  
The Status ◽  
Debt Security ◽  
Us Dollar ◽  
The Impact

The article is aimed at evaluating the State debt and the State-guaranteed debt as components of ensuring the sustainability of Ukraine's public finances, identifying trends and factors that determine debt security and affect the pace of development of the country's economy. The article discloses the indicators of measuring the sustainability of public finances; indicators of effectiveness of the policy of ensuring the sustainability of Public Finances of Ukraine until 2030 are presented; the role and importance of debt security in ensuring the sustainability of public finances is determined. A factor analysis of the State debt and the State-guaranteed debt is carried out on the main grounds – the average US dollar exchange rate per year, GDP, revenues and expenditures of the State budget – in order to identify trends in changes in its structure and volumes for the period 2016-2020. The main financial risks and the degree of their impact on debt security are defined, a forecast of the State debt and the State-guaranteed debt of Ukraine for the medium term for 2021-2023 has been developed using the polynomial trend. The likelihood of a worsening the debt situation in Ukraine by 2023 and, as a result, a deterioration in the resilience of public finances due to the unfolding of the coronavirus pandemic, which can be equated with the crises of 2008-2009 and 2014-2015, is proved. Proposals to improve Ukraine's debt security in the context of the coronavirus pandemic have been substantiated. Prospect for further research in this direction is to prove the need to make managerial decisions to ensure the sustainability of public finances, taking into account not only macroeconomic, but also political and institutional factors, the impact of which increases significantly in the context of democracy.

scholarly journals Victim in competitive criminal procedure

2020 ◽  
Vol 1 (1) ◽  
pp. 175-183
Author(s):  
Volovymyr Tertyshnyk
Keyword(s):  
Legal Representative ◽  
Criminal Proceedings ◽  
State Budget ◽  
The Rule Of Law ◽  
Case File ◽  
The Status ◽  
Expert’S Opinion ◽  
Court Proceedings ◽  
The Moment ◽  
Procedural Rights

The article analyses problems of determining ways to improve the procedural procedure to protect the rights and freedoms of victim in the legal field of competitive criminal justice. The issue of improving the status of the victim, extending his rights, determining the procedure for its implementation stipulated by law, harmonization of legislation, elimination of legal conflicts, ensuring the rule of law, strengthening guarantees The rights and freedoms of the victim. Aligning the CPC of Ukraine with the Constitution of Ukraine, and coordinating it with the Civil Code of Ukraine and applicable international legal acts, we propose in the norm of the CPC of Ukraine, which determines the status of the victim, in addition to the rights established there by the law, to set out the following rights of the victim: a) to demand compensation for the moral harm caused and physical and pecuniary damages at the expense of the person guilty of the crime or persons who are financially responsible for their actions, and in cases where the person who committed the crime is not identified, for ahunok State budget; b) to respect his honor and dignity, to demand that facts of the collection, use, storage and disclosure of the degrading honor, dignity or business reputation of false information be prevented, and, if necessary, make a request for the removal of such information, raise the issue of closed court proceedings ; c) require arrest of the defendant's deposits and property and take other measures provided by law to recover the damage caused to him by the crime; d) require personal immediate examination by a forensic expert in case of personal injury or harm to his / her health; e) to use the legal assistance of a legal representative from a lawyer or other specialist in the field of law from the moment of recognition as a victim; g) have a confidential date with the legal attorney before the first interrogation, as well as the presence of a lawyer or legal representative at his first interrogation; g) to be acquainted with the decision on the appointment of forensic examination and the expert's opinion; h) to get acquainted with the case file in the suspended criminal proceedings on the grounds of not identifying the perpetrator; i) to participate directly in the examination of all evidence at the trial and to speak in court, regardless of the participation of the prosecutor. The investigator, the inquirer, the prosecutor, the court are obliged to immediately explain to the victim his procedural rights, to hand him a written document describing his rights - a declaration of the victim's rights, to immediately take the measures provided by law for ensuring the victim's rights. Prospects for further study of this problem are seen in the development of models of realization of the victims of their procedural rights at different stages of the process.

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