scholarly journals KEWENANGAN PELAKSANA TUGAS MENTERI DALAM MENGAMBIL KEPUTUSAN DAN TINDAKAN YANG BERSIFAT STRATEGIS BERDASARKAN UNDANG - UNDANG NOMOR 30 TAHUN 2014 TENTANG ADMINISTRASI PEMERINTAHAN

Yustitia ◽  
2018 ◽  
Vol 4 (2) ◽  
pp. 178-187
Author(s):  
Sigit Egi Dwitama
Keyword(s):  
Ad Hoc ◽  
Field Research ◽  
Secondary Data ◽  
Mineral Resources ◽  
Strategic Decision ◽  
Strategic Decisions ◽  
Government Officials ◽  
Legal Validity ◽  
Library Studies ◽  
The Status

One form of decree that is included in the scope of state administration is a Ministerial Decree, which is a decision determined and issued by a minister who is always concrete-individual in the form of administrative stipulations (beschikking). However, not all departments and/or government officials such as the Minister have the authority to form these decisions, because in forming decisions can be seen from the status of government officials as an example of the Ad Interim Minister who does not have the authority to issue strategic decisions. But different problems arise when there is Ad Interim of Energy and Mineral Resources Minister Luhut Binsar Pandjaitan issued Decree Number 6752 K / 70 / MEM / 2016 concerning Dissolution of Ad Hoc Organizational Units in the Ministry of Energy and Mineral Resources, which basically was a strategic decision. This study is a legal research using a normative juridical approach and descriptive analytical research specifications. The data used in this study are secondary data consisting of primary, secondary and tertiary legal materials. Data obtained through library studies and field research in the form of legislation, books, journals, and electronic media. The results of this study consist of 2 (two) analyzes, namely First, the position of the Acting Decree of the Minister of ESDM does not have legal validity because there is a disability when viewed from the aspect of authority, formation process, and the purpose of its establishment with legislation and AUPB and Second, towards legal validity which is not possessed by the Minister's decree executor, the decree becomes invalid and a mechanism is needed to cancel the decree.

scholarly journals PENEMUAN HUKUM HAKIM MAHKAMAH KONSTITUSI DALAM PUTUSAN MAHKAMAH KONSTITUSI NOMOR 21/PUU-XII/2014.MK KASUS PROYEK BIOMEDIASI PT.CHEVRON BACHTIAR ABDUL FATAH

Yustitia ◽  
2018 ◽  
Vol 4 (2) ◽  
pp. 223-237
Author(s):  
Ujang Suratno
Keyword(s):  
Field Research ◽  
Secondary Data ◽  
Constitutional Court ◽  
Constitutional Rights ◽  
Joint Decision ◽  
Procedural Law ◽  
Library Studies ◽  
The Status ◽  
The Law ◽  
The Republic

Judicial authority in Indonesia is carried out by a Supreme Court and the Constitutional Court which has the authority to examine laws against the 1945 Constitution of the Republic of Indonesia and decide on the authority dispute of state institutions whose authority is granted by the 1945 Constitution of the Republic of Indonesia. The Constitutional Court in examining the Law against the 1945 Constitution became a polemic related to the prejudicial object which was finally answered through the decision of the Constitutional Court (MK) number 21 / PUU-XII / 2014. The Constitutional Court granted part of the application for corruption convictions in the case of PT Chevron Bachtiar's Abdul Fatah biomediation project, one of which examined the prejudicial object provisions which were polemic, especially after the South Jakarta District Court's prejudicial has canceled the status of suspect Commissioner Budi Gunawan (BG) by the KPK. This study is a legal research using a normative juridical approach and descriptive analytical research specifications. The data used in this study are secondary data consisting of primary, secondary and tertiary legal materials. Data obtained through library studies and field research in the form of legislation, books, journals, and authoritative electronic media. The results of this study are 2 (two) explanations, namely First, Constitutional Court Judges have made legal inventions by providing interpretations and limitations on what can be the object of prejudicial in criminal procedural law by testing it against the constitution and seeing whether the KUHAP Articles tested are contradictory with constitutional rights. Secondly, the Constitutional Court uses several interactive techniques used by member judges in decision number 21 / PUU-XII / 2014. In the joint decision, the judges used Authentic, Systematic, Grammatical, Historical, Extensively and sociological interpretation techniques. This can be seen in the decision of point one stating a phrase which means interpreting the law using grammatical techniques

The African Union and Universal Jurisdiction

2017 ◽  
Author(s):  
Martin Mennecke
Keyword(s):  
Ad Hoc ◽  
Criminal Court ◽  
Universal Jurisdiction ◽  
African Union ◽  
Government Officials ◽  
African Government ◽  
Double Standards ◽  
Legal Principle ◽  
The Status

Universal jurisdiction permits states to investigate and prosecute perpetrators of certain widely condemned offences, irrespective of whether they possess any of the traditional territorial, nationality, or other jurisdictional links to the offence. As a legal principle, African states accept the principle of universal jurisdiction, but in the past decade they have pushed back against it due to the perception that the courts of various European states have unfairly targeted African government officials that they perceive as enemies. Against this background, the chapter examines the status of the universal jurisdiction debate and how it relates to the role of the International Criminal Court and that of the African Union and its member states, in addition to evaluating the proposals made by African states within the framework of the United Nations to address the African government concerns about double standards in the application of universal jurisdiction through a special ad hoc committee of the General Assembly.

scholarly journals PRAKTIK PERCERAIAN ADAT LOMBOK DI MASA PANDEMI COVID-19 DITINJAU DARI SOSIOLOGI HUKUM

2021 ◽  
Vol 21 (01) ◽  
pp. 151-164
Author(s):  
Rahmatun Ulfa
Keyword(s):  
Legal System ◽  
Islamic Law ◽  
Field Research ◽  
Secondary Data ◽  
Legal Culture ◽  
Qualitative Approach ◽  
Primary Data ◽  
Government Officials ◽  
Administrative Services ◽  
Legal Structure

This study aims to examine the reality of the practice of customary divorce in Tawun hamlet, Lombok. As well as explaining the forms of customary divorce of the Tawun Hamlet community, in terms of sociological law. This research is a type of field research using a qualitative approach. Primary data and secondary data were collected by means of observation, direct interviews and documentation. To study further, the author uses the theory of the legal system from three elements, namely legal substance, legal structure, and legal culture. The results showed that the occurrence of customary divorce in Tawun Hamlet is a common thing and is not legally disputed by the court. Government officials from elements of village heads, hamlet heads and marriage registrar officers who contribute to customary divorce who participate in administering administrative services, clearly contradict the laws and regulations regarding marriage itself. In addition, people's understanding of divorce continues to be dominated by classical Islamic law and is textual, patriarchal, making the position of women not seen as important because divorce is understood only as a male right.

scholarly journals Competitor Accounting (CA) of Joint Venture Banks

2019 ◽  
Vol 3 (3) ◽  
pp. 109-122
Author(s):  
Prakash Pokharel
Keyword(s):  
Joint Venture ◽  
Ad Hoc ◽  
Secondary Data ◽  
Strategic Decision ◽  
Annual Reports ◽  
Senior Managers ◽  
Strategic Management Accounting ◽  
Managerial Perception ◽  
Management Issues ◽  
Structured Questionnaire

In order to facilitate the collection and analysis of accounting information related with the competitor in the context of strategic management accounting, the term competitor accounting has been developed. However, no empirical results are available as to the extent to which such information influences strategic decision behavior. Main purpose of this study is to explore the effect of competitor accounting on performance of the joint venture banks, and compare the effectiveness of competitor accounting between those banks. For this structured questionnaire survey with 133 staffs of the concerned banks as well as unstructured interview with 4 senior managers were conducted. Various published and unpublished reports like annual reports of the concerned banks were also used. From the study it is found out that levels of CA formalised application appear limited, especially when compared with a widely held managerial perception that significant benefits could derive from CA. The CA practices noted were conducted in an unstructured and ad hoc manner. CA does not have any effect on performance of Nepalese joint venture banks because of not applying any formalised CA application. The study had /some of the limitations generally associated with a qualitative as well as quantitative study. These limitations include the degree of subjectivity that is invoked when researchers interpret qualitative data, scarcity of various resources, and accuracy of secondary data. The study clarifies the notion of CA and provides an outline of CA management issues arising in the context of a joint venture banks. An outline is provided of those parts of a bank operation that are most likely to be more active in CA, together with empirically informed suggestions with respect to CA uses in a joint venture banks.

scholarly journals Potensi Perlindungan Terhadap Ilmu Pengetahuan dan Teknologi oleh Dosen di Perguruan Tinggi dalam Peningkatan Daya Saing Global

Yustitia ◽  
2019 ◽  
Vol 5 (1) ◽  
pp. 108-128
Author(s):  
Sudjana Sudjana
Keyword(s):  
Intellectual Property ◽  
Value Chain ◽  
Technology Development ◽  
Science And Technology ◽  
Field Research ◽  
Secondary Data ◽  
Intellectual Property Protection ◽  
Global Competitiveness ◽  
Library Studies ◽  
The Creation

This study discusses the potential of Intellectual Property protection on the creation of Science and Technology Development results by Lecturers in Higher Education and Intellectual Property Protection on the Creation of Science and Technology Development results in Universities in Improving Global Competitiveness.This study is a legal research using a normative juridical approach and descriptive analytical research specifications. The data used in this study are secondary data consisting of primary, secondary and tertiary legal materials. Data obtained through library studies and field research in the form of legislation, books, journals, and authoritative electronic media. The results of the study show that (1). the results of Science and Technology Development by university lecturers have the potential to obtain wealth protection in the field of Copyright and Patents, but do not rule out rights through other types of Intellectual Property. (2). Creation of Science and Technology development results that are protected by Intellectual Property and supported by the value chain and competitive scope will have high quality and reputation so as to enhance global competitiveness.

scholarly journals THE INTERNATIONAL LEGAL REVIEW OF THE MANAGEMENT OF OIL AND GAS IN INDONESIA

2016 ◽  
Vol 1 (1) ◽  
Author(s):  
Nur Fitriani Khairunnisa
Keyword(s):  
International Law ◽  
Research Method ◽  
Oil And Gas ◽  
Field Research ◽  
Secondary Data ◽  
Mineral Resources ◽  
Foreign Affairs ◽  
Primary Data ◽  
Literature Research ◽  
Directorate General

Abstract This research aims to determine the regulations of international law and the national law on the management of oil and gas in Indonesia. This research was conducted in several related Institutions in Jakarta, such as the Ministry of Energy and Mineral Resources, Directorate general of Oil and Gas, Ministry of Foreign Affairs and Pertamina Jakarta. This research conducted field research method, to find out the primary data through interviews with several resources who have competent research above objects, also used literature research method to find out the secondary data through the documents related to the object of research. The implementation of the cooperation contract adopting the system of the national sovereignty, in the implementation, each country has a different forms according the development of the contract system of oil and gas. Keywords: Contract, Oil and Gas in Indonesia

scholarly journals KESIAPAN PEMERINTAH MENERAPKAN GREEN BANKING MELALUI POJK DALAM MEWUJUDKAN PEMBANGUNAN BERKELANJUTAN BERDASARKAN HUKUM POSITIF DI INDONESIA

Yustitia ◽  
2018 ◽  
Vol 4 (2) ◽  
pp. 119-141
Author(s):  
Muhammad Agus Salim
Keyword(s):  
Financial Services ◽  
Financial Institution ◽  
Field Research ◽  
Secondary Data ◽  
Public Companies ◽  
Library Studies ◽  
Banking Business ◽  
Sustainable Finance ◽  
The Government ◽  
Legal Consequences

The world of banking in Indonesia began to show its concern for environmental problems through various banking activities known as Green banking. Green banking is a program for a financial institution that makes sustainability a top priority in its business. Currently banks that have pledged green banking are required in OJK Regulation Number 51 / POJK.03 of 2017 concerning the Implementation of Sustainable Finance for Financial Service Institutions, Issuers and Public Companies to report on the results of implementing green banking. This writing discusses how the legal consequences of the implementation of green banking for banking business activities in Indonesia after the enactment of POJK Number 51 / POJK.03 in 2017 concerning the Implementation of Sustainable Finance for Financial Services Institutions, Issuers and Public Companies and how OJK conducts supervision. This study is a legal research using a normative juridical approach and descriptive analytical research specifications. The data used in this study are secondary data consisting of primary, secondary and tertiary legal materials. Data obtained through library studies and field research in the form of legislation, books, journals, and electronic media. The findings of this study are 2 (two) explanations namely First, the legal consequences of the implementation of green banking in banking business activities in Indonesia in realizing sustainable development have not been able to be carried out due to banks and financial services institutions both banks and non-banks do not yet have specific guidelines or references governing this green banking. Second, the obligation for banks that have pledged green banking is to provide insurance for the environment, considering that banking business activities also include insurance referring to Article 7 of the Banking Law. OJK has actually launched environmental insurance, but the Indonesian government has not responded to anything that has been conveyed by the OJK. The reason for the government according to the OJK informants is that the development of a little more would certainly damage the environment, so that environmental insurance is impossible in Indonesia.

scholarly journals Supporting 21st-Century Learning by Providing Educational Infrastructure in the Form of Land: Legal Perspective

2021 ◽  
Vol 6 (1) ◽  
pp. 163-170
Author(s):  
Zefrizal Nurdin
Keyword(s):  
21St Century ◽  
Secondary Data ◽  
Land Rights ◽  
Primary Data ◽  
Land Registration ◽  
Library Research ◽  
Legal Perspective ◽  
Library Studies ◽  
The Status ◽  
The Subject

Land as school infrastructure is often neglected in the certification process. This research emphasized that school land certification is essential and whether it automatically includes authority over everything on it, what land rights can be given to the school, and how it is carried out. This research used the normative juridical research method by leaning on empirical research. Secondary data taken from library research dominates this research. The data was obtained through document studies or library studies. Furthermore, some primary data was obtained through observations. Land certificates is a piece of solid evidence to ascertain the rights of the education provider as the subject of rights so that they can defend their rights from claims by other parties. However, it does not automatically cover all authority over what is on the land because it is a part of the horizontal separation principle. School land can have the status of State land and can also have four types of land rights owned by the education providers, namely Freehold Title, Building Right Title, Cultivation Right Title, and Mortmain (Waqf) right. The rights can be obtained through sporadic registration or complete systematic land registration. The availability and readiness of facilities and infrastructure are essential in 21st-century education and learning because they will significantly affect learning.

scholarly journals Changes in the Legal Agency Status of the Pakuan Bogor Regional Legal Company in Improving Drinking Water Services in Bogor City based on Government Regulation Number 54 of 2017 Concerning Local Government Owned Enterprises (BUMD)

2021 ◽  
Vol 8 (1) ◽  
pp. 125
Author(s):  
Nazaruddin Lathif ◽  
Mustika Mega Wijaya ◽  
Raden Muhammad Mihradi
Keyword(s):  
Drinking Water ◽  
Local Government ◽  
Government Regulation ◽  
Local Level ◽  
Field Research ◽  
Secondary Data ◽  
Economic Life ◽  
Primary Data ◽  
Water Services ◽  
The Status

The idea of establishing a Local Government-Owned Enterprise (BUMD) departs from an ideological perspective regarding the concept of a welfare law state that emerged after the 19th century. The teaching emphasizes that the state must intervene in the socio-economic life of society for the welfare of its citizens. One form of intervention is through the authority to form State-Owned Enterprises (BUMN) at central level and Local Government-Owned Enterprises (BUMD) in local level. The purposes of this research are, first, to determine the urgency of changing the status of a legal entity at the BUMD PDAM Tirta Pakuan of Bogor City into the form of Local Government Public Company (PERUMDA) in terms of Government Regulation Number 54 of 2017 concerning Local Government-Owned Enterprises (BUMD). Second, this study aims to find out the prospects for changing the status of Local Government corporate legal entities drinking water from Tirta Pakuan Bogor in order to improve drinking water services in the city of Bogor. This study was carried out using two types of research method, which are: (1) normative juridical research by examining library materials which are secondary data and also called library research, and (2) empirical juridical research, also called as field research, which is conducted through the means of interviews as primary data.

Orthodox arrangement of the Pochaiv Lavra in the second third of the XIX century.

2021 ◽  
pp. 13-41
Author(s):  
Ella Volodymyrivna Bystrytska
Keyword(s):  
Local Level ◽  
The Political ◽  
Special Role ◽  
Economic Activities ◽  
Government Officials ◽  
Political Motivation ◽  
Archival Documents ◽  
The Status ◽  
The Russian Empire ◽  
Xix Century

Abstract: A series of imperial decrees of the 1820s ordering the establishment of a Greco-Uniate Theological Collegium and appropriate consistories contributed to the spread of the autocratic synodal system of government and the establishment of control over Greek Uniate church institutions in the annexed territories of Right-Bank Ukraine. As a result, the Greco-Uniate Church was put on hold in favor of the government's favorable grounds for the rapid localization of its activities. Basilian accusations of supporting the Polish November Uprising of 1830-1831 made it possible to liquidate the OSBM and most monasteries. The transfer of the Pochaiv Monastery to the ownership of the Orthodox clergy in 1831 was a milestone in the liquidation of the Greco-Uniate Church and the establishment of a Russian-style Orthodox mono-confessionalism. On the basis of archival documents, the political motivation of the emperor's decree to confiscate the Pochayiv Monastery from the Basilians with all its property and capital was confirmed. The transfer to the category of monasteries of the 1st class and the granting of the status of a lavra indicated its special role in strengthening the position of the autocracy in the western region of the Russian Empire. The orders of the Holy Synod outline the key tasks of ensuring the viability of the Lavra as an Orthodox religious center: the introduction of continuous worship, strengthening the personal composition of the population, delimitation of spiritual responsibilities, clarifying the affiliation of the printing house. However, maintaining the rhythm of worship and financial and economic activities established by the Basilians proved to be a difficult task, the solution of which required ten years of hard work. In order to make quick changes in the monastery, decisions were made by the emperor and senior government officials, and government agencies were involved at the local level, which required the coordination of actions of all parties to the process.

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