scholarly journals The Responsibility of The Indonesian Government to Fulfill the Rights to Water During the COVID-19 Pandemic

2021 ◽  
pp. 1-16
Author(s):  
Nadia Astriani ◽  
Betty Rubiati ◽  
Yulinda Adharani ◽  
Siti Sarah Afifah ◽  
Rewita Salsabila ◽  
...  
Keyword(s):  
Water Management ◽  
Human Health ◽  
Public Works ◽  
Clean Water ◽  
Indonesian Government ◽  
Safe Water ◽  
State Finance ◽  
The Government ◽  
The Right ◽  
Hygienic Conditions

Indonesia has enough access to freshwater resources of the planet. However, uneven distribution together with mediocre water management and a lack of water infrastructures make a significant number of households in this country have inadequate access to safe water. This becomes big issues, because the provision of safe water, sanitation and hygienic conditions are essential to protect human health and save humanity during the Covid-19 pandemic. When this article was written, COVID-19 patients who were confirmed to be infected were in all Indonesian provinces, with the largest numbers of patients located in Java. The purpose of this study is to determine the efforts of the Indonesian government to fulfill its responsibilities in fulfilling clean water during a pandemic. The study collects all regulations and policies concerning clean water and an analyses them using doctrinal method. The result of the study shows that although there are enough regulations governing the use of clean water, they have not resolved the problem of clean water fulfillment. In overcoming water needs during the pandemic, the Indonesian government did not make additional efforts other than those previously planned in the Strategic Plan of the Ministry of Public Works and Housing. The disruption of the economy has an impact on state finance, causing the government to refocus budgeting. As a result, many programs related to clean water are postponed. This minimum effort by government is neglecting its responsibility in fulfilling the right to water. The government must emulate how to fulfill the needs for water during the pandemic from other countries and using this situation to fix the problem of clean water in Indonesia

scholarly journals Pemenuhan Hak Atas Air Bersih Terhadap Masyarakat Kabupaten Gresik

2019 ◽  
Vol 2 (1) ◽  
pp. 32
Author(s):  
Mochammad Mochammad*
Keyword(s):  
Production Capacity ◽  
Public Works ◽  
Water Supply Systems ◽  
Clean Water ◽  
Investment Funds ◽  
Limited Government ◽  
The People ◽  
The Government ◽  
Business Entities ◽  
The Right

As an unimportant one that is needed by humans and important for other purposes, the discussion of this thesis related to aid and the use of air is an important problem in life. Water that was once felt abundant and can be used together. More and more populations are increasing. Water needs for the Gresik Regency community in 2018 have only been served by PDAM Giri Tirta in Gresik Regency totaling 11 Districts out of a total of 18 Districts in Gresik Regency. The fulfillment of the right to clean water for the people of Gresik Regency must always be pursued in line with the increase in population and development of industrial areas. However, related to the completion of clean water for the community, the need for investment funds is not small for the construction of SPAM supporting infrastructure. Related to what is stated in article 2 paragraph (1) of the Covenant on Ecosob rights. The policy of fulfilling the right to clean water for the people of Gresik Regency is implemented by increasing production capacity. The need for investment funds that are not small to build SPAM infrastructure and limited government funds has implications for the implementation of Cooperation between the Government and the Private Sector (KPS). carried out by PDAM Giri Tirta of Gresik Regency as the executor of the provision of SPAM with Business Entities using a system of Cooperation to Build, Operate and Transfer (BOT). Regulation of the Minister of Public Works and Public Housing Number 19 / PRT / M / 2016 concerning Provision of Support by Regional Governments in Collaborating in the Implementation of Drinking Water Supply Systems.

GOVERNMENT RESPONSIBILITY TO PROTECT PEOPLE’S RIGHTS OVER THE CLEAN WATER

2017 ◽  
Vol 1 (1) ◽  
pp. 38
Author(s):  
Muhammad Nadzir
Keyword(s):  
Water Management ◽  
Human Life ◽  
The State ◽  
Responsibility To Protect ◽  
Clean Water ◽  
State Control ◽  
Government Responsibility ◽  
The Republic ◽  
The Government

Water plays a very important role in supporting human life and other living beings as goods that meet public needs. Water is one of the declared goods controlled by the state as mentioned in the constitution of the republic of Indonesia. The state control over water indicated that water management can bring justice and prosperity for all Indonesian people. However, in fact, water currently becomes a product commercialized by individuals and corporations. It raised a question on how the government responsibility to protect the people's right to clean water. This study found that in normative context, the government had been responsible in protecting the people’s right over the clean water. However, in practical context, it found that the government had not fully protected people's right over clean water. The government still interpreted the state control over water in the form of creating policies, establishing a set of regulations, conducting management, and also supervision.

scholarly journals TANGGUNG JAWAB HUKUM PEMERINTAH DALAM PENYELENGGARAAN PENDIDIKAN NASIONAL

2016 ◽  
Author(s):  
Franciscus Xaverius Wartoyo ,
Keyword(s):  
High School ◽  
Education System ◽  
Government Regulation ◽  
Basic Education ◽  
Compulsory Education ◽  
National Education ◽  
Indonesian Government ◽  
The Republic ◽  
The Government ◽  
The Right

<p>Abstract<br />Government has the legal responsibilities in the implementation of national education system to carry out the mandate set out in Section 31 of the Constitution of the Republic of Indonesia 1945 related to the intellectual life of the nation. This is confirmed and applied by The Indonesian Government Regulation 47/2008 regarding compulsory education and Indonesian Government Regulations 48/2008 related to the funding education of elementary school (SD) to high school (SMP) free made by the government through the School Operational Assistance (BOS) to make the education system based on the national human values and justice according to Pancasila ad realize the human rights set out in the Constitution Indonesian 1945 Article28 c paragraph(1) and Article 28d paragraph (3) stated that every citizen has the right to obtain equal opportunities in government. The free primary education can not be realized in a fair and equitable for the presence of education autonomy, every area is not the same policies and management education in many schools that are not transparent even still many schools to collect funds for the reason given by the government budget for operational costs is not enough.In addition, the9-year basic education which should be free up to secondary education (high school) born by either the state of infrastructure, teachers’ salaries, electricity, telephone, computer, books, stationery without distinguishing between public and private schools.<br /><em>Keywords: national education, justice, humanity,Indonesian contitution 1945</em></p><p>Abstrak<br />Pemerintah memiliki tanggung jawab hukum dalam implementasi sistem pendidikan nasional sebagai amanah (mandat) dari Pasal 31 Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 yakni hak mendapatkan pendidikan yang layak. Mandat tersebut diturunkan dalam Peraturan Pemerintah Nomor 47 Tahun 2008 tentang wajib belajar dan Peraturan Pemerintah Nomor 48/2008 tentang Pendanaan Pendidikan dari Sekolah Dasar ( SD ) hingga Sekolah Menengah ( SMP ) yang gratis ditanggung oleh pemerintah melalui Bantuan Operasional Sekolah ( BOS ) dalam rangka untuk menciptakan sistem pendidikan berdasarkan pada nilai-nilai kemanusiaan nasional dan keadilan dalam Pancasila, serta dalam rangka penegakan Hak Asasi Manusia berdasar Pasal 28C ayat (1) dan Pasal 28D ayat (3) dimana setiap warga negara memiliki kesempatan yang sama dalam pemerintahan. Pendidikan dasar gratis tidak dapat dicapai secara adil dan merata karena setiap daerah miliki kebijakan dan manajemen pendidikan yang berbeda, adanya ketidaktransparanan sekolah dalam mengelola dana, dan faktor alasan ketidakcukupan dana yang diberikan oleh pemerintah kepada sekolah. Pendidikan Dasar 9 (sembilan tahun) seharusnya gratis sampai pada Pendidikan Menengah Pertama (SMP) baik dalam hal infrastruktur pendidikan, honor guru, biaya listrik, telepon, pengadaan komputer, buku-buku tanpa ada pembedaan sekolah publik dan sekolah swasta.<br /><em>Kata kunci: Pendidikan Nasional, Keadilan, Kemanusiaan, UUD 1945</em></p>

scholarly journals PENCATATAN SEBAGAI SYARAT ATAU RUKUN PERKAWINAN: Kajian Perpaduan Tematik dan Holistik

2013 ◽  
Vol 12 (2) ◽  
pp. 165
Author(s):  
Khoiruddin Nasution
Keyword(s):  
Legal Form ◽  
The Public ◽  
Indonesian Government ◽  
The Government ◽  
The Right ◽  
Rules Set ◽  
Harmonious Family ◽  
Contextual Change

This paper aims to prove that the registration of marriages is one of the requirements  of marriage, which means unregistered marriagesare illegal. The basic reasonsfor this conclusion is two-fold. First, the Prophet Muhammad had commanded public notices of marriage (walimahan, iklan). The purpose of this public notice is to secure the rights of spouses so that couples can achieve the purpose of marriage: a harmonious family. In fact, public notices are means to achieve this. Thus a contextual change is possible to changes the legal form as a mean to achieve the objectives of the marriage. Registration of marriage (marriage certificate) is a kind of contextualization of the command for the public notice of marriage. This contextualization is necessary because it is more effective and efficient to guarantee the achievement of a harmonious family as the ultimate goal of marriage. Second, Indonesian citizens must obey the rules of registration of marriage as set out and defined in the Act no. 1 of 1974 on Marriage [Marriage Act], as it is an implication of the obligation to obey the government (uli al-amr). Therefore, Indonesian citizens  who do not comply with the contents of Marriage Act is disobeying the government.  Furthermore, the Indonesian government has the right to make rules for creating welfare for the community (mashlah), being Indonesian citizens. Consequently, citizens are required to obey rules set by the Indonesian government for the whole welfare of community, and it is clear that the purpose of registration of marriage is for welfare of Indonesian citizens

DEVELOPMENT OF DESIGN PRINCIPLES DROIT DE PREFERENCE AGAINST OWNERS BUSINESS PREMISES IN TANAH ABANG JAKARTA

2018 ◽  
Vol 9 (2) ◽  
Author(s):  
Ilman Khairi ◽  
Abraham Yazdi Martin
Keyword(s):  
Qualitative Data ◽  
Economic Value ◽  
Public Works ◽  
Common Element ◽  
Legal Certainty ◽  
Grand Theory ◽  
Proof Of Ownership ◽  
Hans Kelsen ◽  
The Government ◽  
The Right

Use Rights Certificate Business Place (SHPTU) is proof of ownership of the right to use business premises (shop) in a market that is owned by market traders. SHPTU have a fairly high economic value. Therefore, expected SHPTU can be used as loan collateral. SHPTU have a common element of the lease, as in article 1548 of the Civil Code. Because SHPTU not the right material, then SHPTU can not be guaranteed by using a material guarantee institutions. The research method with the added element of normative juridical empirical, with the analysis of qualitative data. From the analysis it can be concluded that SHPTU not the right material, but given SHPTU has economic value and can be transferred, it is expected that the government can immediately respond to the needs of society (the Merchants Market) to the existence of a guarantee institution which can accommodate SHPTU shop as loan collateral. Resulting from the rigidity of the legal material to deliver the right material on business premises or SHPTU recommended for use kaedah contained in Article 48-49 of the legislation Flats by issuing Certificates of Building Owners and Building (SKBG), where the issuance of the certificate is the same between Local government in this case the Department of Public Works and the Department of Housing, while still managing PD Pasar Jaya as it has been running for this. Issuing authority on the issuance of a certificate is not PD Pasar Jaya but agency in charge of publishing the SKBG. When referring to the Building Act SKBG publishing at the Department of Public Works, and when referring to the Law on Housing, the publishing SKBG by the Department of Housing. That way it is assured of legal certainty as mandated by state law, as well as the grand theory of Hans Kelsen. SKBG is way out proof of ownership of the store, which is very expensive because of the value it needs the necessary legal certainty regarding the right material.Keyword: Droit De’ Preference, UMKM, Shops

scholarly journals ANALISIS PENGELOLAAN AIR PROGRAM PAMSIMAS SEBAGAI SUMBER AIR BERSIH DI KECAMATAN KUANTAN MUDIK KABUPATEN KUANTAN SINGINGI

2020 ◽  
Vol 14 (1) ◽  
pp. 66
Author(s):  
Revi Lasmita ◽  
Aras Mulyadi ◽  
Manyuk Fauzi
Keyword(s):  
Water Quality ◽  
Management Strategies ◽  
Management Policy ◽  
Clean Water ◽  
Quality Of Water ◽  
Management Policies ◽  
The Government ◽  
The Right ◽  
Indicators Of Success

Clean water according to Permenkes RI No 416 / Menkes / Per / IX / 1990 is water that used for daily needs whose quality meets health requirements and can be drunk after cooking, one of the government's efforts to meet the clean water needs of the community is the Pamsimas Program. The Pamsimas Program is one of the programs and concrete actions of the government (central and regional) with the support of the World Bank to improve and meet the needs of drinking water supply, sanitation to improve the level of public health, especially in reducing the number of diarrheal diseases and other diseases that are transmitted through water and the environment. Muaro Tombang Village, Sungai Manau Village and Bukit Kauman Village are the three villages in Kuantan Mudik Sub-District that have not had access to 100% clean water. Indicators of success and sustainability of the Pamsimas Program are the quantity and quality of water sources, management policies and management strategies for the Pamsimas Program. The quantity of water in the three villages in terms of discharge and minimum reservoir capacity meet the needs of the community, the water quality in the three villages there are several parameters that do not meet the quality standards of the Minister of Health Regulation No. 416 of 1990 concerning Clean Water Quality Requirements, so it needs to be treated for water Pamsimas Program. The community's perception of the socio-economic and management policies of the Pamsimas Program Muaro Tombang Village and Sungai Manau Village is included in the agreed category, while the community's perception of the socio-economic and management policy of the Pamsimas Program in the Bukit Kauman Village is in the neutral category. The right strategy used for the management of the Pamsimas Program in the three villages is the aggressive strategy (Growth Oriented Strategy), namely the development of the Pamsimas Program by utilizing the strengths of the opportunities that have been identified.

scholarly journals Penegasan Peran Negara dalam Pemenuhan Hak Warga Negara Atas Air

2016 ◽  
Vol 12 (2) ◽  
pp. 353
Author(s):  
Helmi Kasim
Keyword(s):  
Water Management ◽  
Human Rights ◽  
Water Resources ◽  
The State ◽  
Constitutional Court ◽  
State Control ◽  
Access To Water ◽  
The Government ◽  
Private Corporations ◽  
The Right

This writing analyses access to water not merely as a right but as human  rights. Since the right to water constitues human rights, then constitutionally, the state, mainly the government, is obliged to respect, fulfil and protect that right. In order that the government can perform its obligation to fulfil the right of citizens   to water, the sate should put control of water under the power of the state. Thus, there are two perspectives in fulfilling the rights of citizens to water, human rights perspective and the perspective of state control. From the perspective of human rights, the 1945 Constitution has stipulated the obligation of the state in fulfilling the human rights of citizens including the right to water as stated in Article 28I paragrahp (4). From the perspective of state control over water resources, the 1945 Constitution has also determined constitutional standard as stipulated in Article 33. This concept of state control based on Article 33 has been interpreted by the Constitutional Court in its decisions. Specifically, in the decision concerning the law on water resources, the Court returned control over water to the state. The Court  set some limitations on how to utilize water resources. Private corporations are still allowed to participate in water management with strict conditions. The enhancement of this control by the state over water is intended to guarantee the fulfilment of the right of citizens to water. As an idea, monopoly of the state over water resources might be also be considered just like monopoly of state over electricity.

scholarly journals Latent Securitisation of Illegal, Unreported and Unregulated (IUU) Fishing in Indonesia

2020 ◽  
Vol 22 (1) ◽  
pp. 26
Author(s):  
Rage Taufika
Keyword(s):  
Critical Discourse Analysis ◽  
Speech Act ◽  
Indonesian Government ◽  
Iuu Fishing ◽  
Global Issue ◽  
Copenhagen School ◽  
Term Administration ◽  
The Government ◽  
The Right ◽  
Fisheries Law

This paper aims to explore and explain to what extent and in what ways the Indonesian Government has securitised the Illegal, Unreported and Unregulated (IUU) fishing in Indonesia since 2009, by utilising critical discourse analysis. Using the Securitisation theory from the Copenhagen School, this paper explains the analysis of the speech act and extraordinary measures from SBY’s administration, Jokowi’s first term and second term administration. While IUU fishing has been a severe global issue, 30 percent of the cases take place in Indonesia and it becomes a serious threat for the economy and maritime resources. In 2009, Indonesia amended the fisheries law by establishing the new article about the right to burn and sink illegal foreign vessels. However, the securitisation remained ‘latent’ as it lacks the extraordinary measures and supporting speech act from the government. In 2014, during Jokowi’s first term, Indonesia had done extraordinary measures by regularly sinking the illegal foreign vessels. During Jokowi’s second term, the measures were gone, although the law still exists. Thus, it became ‘latent’ again in 2019 up until present. This paper claims that the Indonesian Government successfully securitised the issue in 2014 after the latent securitisation that happened in 2009. However, it remained ‘latent’ again in 2019 up until now.

scholarly journals DEVELOPMENT OF DESIGN PRINCIPLES DROIT DE PREFERENCE AGAINST OWNERS BUSINESS PREMISES IN TANAH ABANG JAKARTA

2018 ◽  
Vol 3 (2) ◽  
pp. 119
Author(s):  
Ilman Khairi ◽  
Martin Roestamy
Keyword(s):  
Qualitative Data ◽  
Economic Value ◽  
Public Works ◽  
Common Element ◽  
Legal Certainty ◽  
Grand Theory ◽  
Proof Of Ownership ◽  
Hans Kelsen ◽  
The Government ◽  
The Right

Use Rights Certificate Business Place (SHPTU) is proof of ownership of the right to use business premises (shop) in a market that is owned by market traders. SHPTU have a fairly high economic value. Therefore expected SHPTU can be used as loan collateral. SHPTU have a common element of the lease, as in article 1548 of the Civil Code. Because SHPTU not the right material, then SHPTU can not be guaranteed by using a material guarantee institutions. This thesis research methods with the added element of normative juridical empirical, with the analysis of qualitative data. From the analysis it can be concluded that SHPTU not the right material, but given SHPTU has economic value and can be transferred, it is expected that the government can immediately respond to the needs of society (the Merchants Market) to the existence of a guarantee institution which can accommodate SHPTU shop as loan collateral. Resulting from the rigidity of the legal material to deliver the right material on business premises or SHPTU recommended for use kaedah contained in Article 48-49 of the legislation Flats by issuing Certificates of Building Owners and Building (SKBG), where the issuance of the certificate is the same between Local government in this case the Department of Public Works and the Department of Housing, while still managing PD Pasar Jaya as it has been running for this. Issuing authority on the issuance of a certificate is not PD Pasar Jaya but agency in charge of publishing the SKBG. When referring to the Building Act SKBG publishing at the Department of Public Works, and when referring to the Law on Housing, the publishing SKBG by the Department of Housing. That way it is assured of legal certainty as mandated by state law, as well as the grand theory of Hans Kelsen. SKBG is way out proof of ownership of the store, which is very expensive because of the value it needs the necessary legal certainty regarding the right material.

scholarly journals PEMBERDAYAAN MASYARAKAT MELALUI MANAJEMEN ZAKAT FITRAH PADA MASA PANDEMI DI DESA MOTOLOHU KECAMATAN HELUMO KABUPATEN BOLAANG MONGONDOW SELATAN

2021 ◽  
Vol 9 (2) ◽  
Author(s):  
Dian Adi Perdana
Keyword(s):  
Data Collection ◽  
Community Empowerment ◽  
Qualitative Approach ◽  
Collection Management ◽  
Protective Equipment ◽  
Economic Sector ◽  
The Public ◽  
Indonesian Government ◽  
The Government ◽  
The Right

Zakat is to purify the rights that a person has and separate the rights of others contained therein, so that it can provide benefits to others. The Indonesian government has regulated the management of zakat in UU no. 38 of 1999 about Zakat Management, regulations are made to facilitate the community in the process of collecting, managing and distributing zakat. This research discusses the management of zakat fitrah in Motolohu Village, Bolaang Mongondow Selatan Regency during the pandemic. The condition of the community is disturbed in paying zakat fitrah during the pandemic, especially in the economic sector. Researchers examined the management of zakat fitrah carried out by the government and zakat officials in Motolohu Village during the pandemic, the collection process, distribution and distribution of zakat fitrah during the pandemic, as well as the benefits of zakat fitrah for the community. This study uses a descriptive qualitative approach with various questions to the informants to get answers to social problems about community empowerment through zakat fitrah management in Motolohu Village during the pandemic. Data collection techniques used observation, interviews and documentation to several sources. The data that has been obtained are then analyzed in order to obtain the results presented in the form of conclusions. The results of research on the collection, management and distribution in Motolohu Village were carried out with different techniques. Collection of zakat, zakat administrators visit the houses of people who want to pay zakat. Zakat payments are divided into 3 levels, the process of collecting zakat is carried out optimally by paying attention to people's income. The public is advised to donate Rp. 5,000 / person. Distribution of zakat fitrah, officers distribute zakat fitrah equipped with health protective equipment. The benefits of zakat fitrah that are obtained by muzakki in Motolohu Village are the implementation of amaliyah which can still be applied by giving to those who have the right, especially in a pandemic situation.

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