scholarly journals PRO KONTRA PROSES PENGESAHAN UU NO. 16 TAHUN 2017, SERTA IMPLEMENTASI DAN IMPLIKASINYA TERHADAP ORGANISASI MASYARAKAT

2021 ◽  
Vol 6 (1) ◽  
pp. 1
Author(s):  
Fadli Afriandi ◽  
Fachriza Ariyadi
Keyword(s):  
Public Policy ◽  
Qualitative Methods ◽  
Policy Process ◽  
Community Organization ◽  
Community Organizations ◽  
Library Research ◽  
Public Policy Process ◽  
Party Ideology ◽  
The Law ◽  
The Government

This paper looks at how a public policy process is issued, implemented, and its implications. The policy issued was the stipulation of Law no. 16 of 2017 (Law on community organizations) in lieu of Perppu No. 2 of 2017 (Perppu for community organizations). The main thesis proposed in this paper is that the policy of passing the law on community organizations is an attempt by the state to protect the Pancasila ideology, which is the sole ideology in Indonesia. This paper is prepared using qualitative methods by collecting data through Library Research. The findings of this study are that the issuance of the first law on community organizations cannot be separated from debates in parliament. The parties in parliament are inconsistent with their party ideology. Supporting or rejecting the law on community organizations is based on the pragmatic interests of the party. Secondly, the existence of the Community Organization Law makes it difficult for community organizations to stand and makes it easier for the government to dissolve community organizations that are not under Indonesian ideology. Third, the first community organization that was dissolved after the law on community organizations took effect was the Islamic Defenders Front (FPI).

scholarly journals ANALISIS PEMBUBARAN ORGANISASI KEMASYARAKATAN DALAM PERSPEKTIF ASAS CONTARIUS ACTUS DALAM NEGARA HUKUM

2021 ◽  
Vol 6 (02) ◽  
pp. 57-78
Author(s):  
Moh. Jatim
Keyword(s):  
Human Rights ◽  
Government Regulation ◽  
Community Organization ◽  
Community Organizations ◽  
The State ◽  
State Law ◽  
Freedom Of Association ◽  
The Law ◽  
The Government

Abstrak Pemerintah mempunyai hak mutlak di dalam membubarkan Organisasi kemasyarakatan setelah di sahkannya Peraturan pemerintah Pengganti Undang-Undang No 2 Tahun 2017 menjadi Undang-Undang Nomor 16 Tahun 2017 Tentang Organisasi Kemasyarakatann, hal ini jelas tidak mencerminkan prinsip dari sebuah negara yang mengeklaim dirinya sebagai Negara yang menjunjung supremasi hukum, dimana ciri-ciri dari Negara hukum itu menjunjung tinggi tentang hak asasi manusia dan pembagian kekuasaan. Argumentasi penggunaan asas contarius Actus sebagai alasan mendesak untuk membentuk suatu Peraturan Pemerintah Pengganti Undang Undang yang kemudian di sahkan menjadi Undang Undang memberikan batasan terhadap kemerdekaan berserikat yang di jamin oleh Pasal 28 dan Pasal 28J Undang-Undang Dasar tahun 1945. Berdasarkan Undang Undang Dasar  Tahun 1945, sistem check and balances (pengawasan dan keseimbangan) sangat penting di tekankan di dalam pembagian kekuasaan yang jelas antara fungsi Eksekutif dan yudikatif. Artinya, di dalam pembubaran sebuah organisasi haruslah melibatkan pengadilan dengan cara melakukan penataan penyelesaian asas peradilan yang cepat, sederhana dan dengan biaya ringan sehingga proses penyelesaian sebuah masalah bisa di laksanakan secara singkat dan cepat. Kata Kunci : Organisasi kemasyarakatan, Negara Hukum, Kekuasaan   Abstract The government has an absolute right in disbanding the Community Organization after the enactment of the Government Regulation Replacement Law No. 2 of 2017 into Law No. 16 of 2017 on Community Organizations, this clearly does not reflect the principle of a country that claims itself as a State that upholds the supremacy of the law, where the characteristics of the State law upholds human rights and the division of power. The argument of the use of the principle of contarius Actus as an urgent reason to form a Government Regulation Replacement Law which is then authorized into law provides limits on the freedom of association guaranteed by Article 28 and Article 28J of the Constitution of 1945. Based on the 1945 Constitution, the system of check and balances is very important in the clear division of power between the Executive and judicial functions. That is, in the dissolution of an organization must involve the court by structuring the settlement of judicial principles quickly, simply and at a small cost so that the process of solving a problem can be carried out briefly and quickly. Keywords: Community Organization, State of Law, Power

scholarly journals Problematika Peraturan Pengganti Undang-Undang Nomor 1 Tahun 2017 tentang Organisasi Masyarakat

2019 ◽  
pp. 226-237
Author(s):  
Rezki Robiatul Aisyiah Ismail
Keyword(s):  
Human Rights ◽  
Social Organization ◽  
Government Regulation ◽  
Community Organization ◽  
Community Organizations ◽  
The State ◽  
Freedom Of Association ◽  
The Law ◽  
The Republic ◽  
The Government

Indonesia is a democratic constitutional state set forth in article 1 paragraph (3) of the 1945 Constitution of the State of the Republic of Indonesia, as a legal state for running a state and protection of human rights under the law. One of them is in Article 28 E Paragraph (3) of the 1945 Constitution of the State of the Republic of Indonesia which states that everyone has the right to freedom of association, assembly, and expression. The regulation concerning the Organization of the Community is in fact set out in Law No. 17 of 2013 on Community Organizations. Community organization is an organization founded and formed by the community voluntarily based on the similarity of aspirations, wills, needs, interests, activities and objectives to participate in development in order to achieve the objectives of the Unitary State of the Republic of Indonesia based on Pancasila. Community organizations may be in the form of two, incorporated and non-legal entities. The Government issued a Regulation in Lieu of Law of the Republic of Indonesia Number 2 Year 2017 on the amendment to Law No. 17 of 2013 on Social Organization and then with the Regulation of Lieu of the Law the government made a policy that the Government in this case gave authority to the Ministry of Justice and Human Rights Asasi Manusia dissolved social organization which contradict with principle of Pancasila one of them is Hizbut Tahrir Indonesia discussion Government Regulation of society organization still has weakness substantially. Government regulation in lieu of laws of community organizations in order to reinforce the principle of contrarius actus is not appropriate because it has actually attached to government officials without the need to be affirmed in the legislation.

Ethics and Public Policy

1981 ◽  
Vol 29 ◽  
pp. 1-9
Author(s):  
George J. Graham
Keyword(s):  
Public Policy ◽  
Policy Analysis ◽  
Policy Process ◽  
Policy Issue ◽  
Policy Choice ◽  
Single Text ◽  
Public Policy Analysis ◽  
The Government ◽  
New Framework ◽  
Selection Of

The purpose of this course is to introduce a new framework linking the humanities to public policy analysis as pursued in the government and the academy. Current efforts to link the particular contributions from the humanities to problems of public policy choice are often narrow either in terms of their perspective on the humanities or in terms of their selection of the possible means of influencing policy choice. Sometimes a single text from one of the humanities disciplines is selected to apply to a particular issue. At other times, arguments about the ethical dimensions of a single policy issue often are pursued with a single — or sometimes, no — point of access to the policy process in mind.

scholarly journals Penghakiman oleh Pers Nasional: Suatu Kritik atas Kebebasan Pers dalam Pemberitaan Perkara Tindak Pidana Korupsi

Humaniora ◽  
2014 ◽  
Vol 5 (1) ◽  
pp. 216
Author(s):  
Vidya Prahassacitta
Keyword(s):  
Social Responsibility ◽  
Political Party ◽  
Code Of Conduct ◽  
High Position ◽  
Secondary Sources ◽  
Library Research ◽  
The Press ◽  
Freedom Of Press ◽  
The Law ◽  
The Government

The 1998 reform in Indonesia has changed freedom press in Indonesia. Now press implements libertarian model which puts freedom first instead of responsibility. Previously, press implemented soviet communist model which put responsibility first instead of freedom. Fifteen years later, press in Indonesia has become political tool by the owner of the press company who has high position in political party participating in the 2014 election. This reflects on the disproportional news regarding corruption cases conducted by the government officer or parliament member from the contender party. Such news delivers not only facts but also misleading opinions to the society which creates trial by the press. In fact, presumption of innocent principle is a foundation for press reporting news as stipulated in Law No. 40 Year 1999 concerning Press and Journalistic Code of Conduct. In libertarian press there are always borders but such borders are not effective since the freedom of press in Indonesia is powerful. Article used qualitative and library research with secondary sources of law to gain a solution to this problem. Therefore, Press Board should maximize its function in supervising the implementation of presumption of innocent principle and to raise society awareness regarding the law supremacy. In the end, to fulfill press social responsibility, a press profession court shall be established to keep press independency. 

scholarly journals Problematika Hak Kekayaan Intelektual Di Bidang Merek Bagi Pelaku Usaha Mikro Kecil Menegah

2021 ◽  
Vol 5 (2) ◽  
pp. 42-56
Author(s):  
Zulfikri Toguan
Keyword(s):  
Intellectual Property Rights ◽  
Research Method ◽  
Community Organization ◽  
Legal Protection ◽  
Geographical Indications ◽  
Legal Research ◽  
Protection Measures ◽  
Library Research ◽  
Trademark Registration ◽  
The Government

Legal protection for a mark of a place or origin of MSMEs can be done by first registering the mark to obtain legal force. In this case the Office/Agency/Community Organization assists by facilitating MSMEs in terms of socialization and assistance for trademark registration. Law Number 20 of 2016 concerning Marks and Geographical Indications provides improvements to previous laws, especially regarding preventive protection measures, namely registration procedures and registration fees. Brands produced by Indonesian MSMEs can help increase competitiveness in the development of new products. This research is normative or library research method, namely legal research carried out by reviewing and researching library materials in the form of primary legal materials and secondary legal materials. This study concludes: First, the problems in the protection of intellectual property rights in the field of branding for MSME products are due to the understanding of MSME actors on brand rights is still low/shallow so that MSME actors do not register the brand of MSME products. Second, efforts to provide brand protection to the MSME industry are by registering MSME brands and the government makes it easy for MSME industry players to register trademarks.

scholarly journals IMPLEMENTASI PROGRAM PEMBERIAN BEASISWA DAERAH UNTUK MAHASISWA KABUPATEN LAMANDAU

2021 ◽  
Vol 10 (1) ◽  
Author(s):  
Yullya Putri Utami
Keyword(s):  
Public Policy ◽  
Policy Process ◽  
Data Presentation ◽  
The Public ◽  
Analysis Techniques ◽  
Implementation Model ◽  
Edward Iii ◽  
Public Policy Process ◽  
Scholarship Program ◽  
Using Data

The implementation of public policy is one of the activities in a public policy process that determines whether a policy is in contact with the public interest and can be accepted by the public. Implementation of the Regional Scholarship Program for Lamandau Regency Students based on the Regulations of the Regent of Lamandau Number. 24 of 2013. The scholarship program in the Lamandau Regency area has been in place since 2009 and this program was carried out by the Education and Culture Office of Lamndau Regency. This program aims to help students from Lamandau Regency to accelerate the lecture process and to improve human resources. This study uses a qualitative approach, data collection obtained from interviews, observation, and documentation. And using data analysis techniques in the form of data reduction, data presentation and conclusion drawing. In this study the author uses the Geogre C. Edward III policy implementation model with 4 (four) variables, namely communication, resources, position and bureaucratic structure. Based on the results of the research based on communication variables, it is still not optimal. The lack of socialization from the Dinas to students who will receive scholarship assistance, for resources such as the number of staff, facilities and infrastructure is sufficient. As for the inhibiting factors for this program, the delay in channeling funds from the company as donors and students is still lacking pay attention to systematics, and the requirements set by the Education and Culture Office of Lamandau Regency.

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