Peranan KPPU Bagi Pemangku Kepentingan Dalam Menegakkan Undang-Undang Larangan Praktik Monopoli Di Indonesia

Liquidity ◽  
2018 ◽  
Vol 3 (2) ◽  
pp. 190-200
Author(s):  
Muchtar Riva’i ◽  
Darwin Erhandy
Keyword(s):  
Stakeholder Participation ◽  
The People ◽  
The Law ◽  
The Government ◽  
Law Commission

The establishment of the KPPU is to control the implementation of the Act. No. 5/1999 on Concerning the Ban on Monopolistic Practices and Unfair Business Competition in Indonesia. Various duties and authority of the KPPU contained in Article 35 and Article 36 of the Act. But in reality, KPPU does not have executorial rights so that the various decisions of the commission often could not be implemented. Therefore internally strengthening of institutional existence by way of amending the Law Commission is very appropriate to be used by the government and parliament agenda. Externally, stakeholder participation is something very urgent and that the KPPU’s strategic optimally capable of performing their duties according to its motto: “Healthy competition Welfare of the people”.

Government Supervision In Overcoming Problems Drinking Tuak At The Gunung Meriah Aceh

2021 ◽  
Vol 7 (3) ◽  
pp. 1313
Author(s):  
Khairuddin Khairuddin
Keyword(s):  
Qualitative Research ◽  
Data Collection ◽  
Islamic Law ◽  
Ordinary People ◽  
The People ◽  
Government Supervision ◽  
The Law ◽  
The Government ◽  
Depth Interviews

<div class="translate-tooltip-mtz hidden"><div class="header"><div class="header-controls"><em>The people of Gunung Meriah still find many addictions to drinks that can be intoxicating, such as drinking tuak. Therefore, this study aims to find out how the supervision of the government and the community in minimizing wine drinkers and sellers in Gunung Meriah District and Islamic views on the law of drinking tuak, as well as how to sanction those who drink it. To complete this research, the writer uses qualitative research. The techniques used in data collection are observation and in-depth interviews with informants. The result of the research shows that some of the people of Gunung Meriah like to drink tuak, both from officials and ordinary people. 25% of Mount Meriah people are addicted to this tuak drink, it is drunk on certain occasions such as parties or other days. The government does not pay much attention to the problem of tuak drinks, which can be seen from the lack of cases of drinkers and sellers of wine being appointed and given appropriate punishments, only a few people have reached the stage of punishment. Likewise, the community does not interfere too much in dealing with the problem of tuak drinkers and sellers, even though this problem is very serious. Drinking tuak, in the perspective of Islamic law, is a drink that is prohibited because it is intoxicating.</em></div></div><div class="controls"> </div></div>

15. Contracts

2021 ◽  
pp. 599-644
Author(s):  
Timothy Endicott
Keyword(s):  
Service Providers ◽  
Administrative Law ◽  
Government Contracts ◽  
Public Agencies ◽  
New Model ◽  
Legal Relationship ◽  
The People ◽  
The Law ◽  
The Government ◽  
The Relationship

Contracts are used to structure the legal relationship between government and private service providers. Contract also forms a new model both for relationships between public agencies and for the relationship between the government and the people it serves. The challenge for the government is to deliver services with integrity, with equity, and with efficiency. The challenge for administrative law is to provide forms of accountability that do what the law can do to promote those goals. This chapter discusses government by contract and proportionate administration, accountability and efficiency, capacity to contract, and how the law controls government contracts.

15. Contracts

2018 ◽  
Author(s):  
Timothy Endicott
Keyword(s):  
Service Providers ◽  
Administrative Law ◽  
Government Contracts ◽  
Public Agencies ◽  
New Model ◽  
Legal Relationship ◽  
The People ◽  
The Law ◽  
The Government ◽  
The Relationship

Contracts are used to structure the legal relationship between government and private service providers. Besides this, contract also forms a new model both for relationships between public agencies, and for the relationship between the government and the people it serves. The challenge for the government is to deliver services with integrity, with equity, and with efficiency. The challenge for administrative law is to provide forms of accountability that do what the law can do to promote those goals. This chapter discusses government by contract and proportionate administration, accountability and efficiency, capacity to contract, and how the law controls government contracts.

Divorce and the Lord Chancellor: Looking to the Future or Getting Back to Basics?

1994 ◽  
Vol 53 (2) ◽  
pp. 253-262
Author(s):  
Andrew Bainham
Keyword(s):  
Family Values ◽  
Green Paper ◽  
Mixed System ◽  
Neutral Process ◽  
The Future ◽  
The Law ◽  
The Government ◽  
Lord Chancellor ◽  
Over Time ◽  
Law Commission

The Government is keen to get “back to basics” about divorce. The Green Paper which the Lord Chancellor presented to Parliament in December 1993 invites us all to reflect on family values and is intended to provoke a “thorough national consideration” of the whole basis for divorce. It follows proposals by the Law Commission but is less than a ringing endorsement of the Commission's scheme. The Law Commission has advocated a shift from the current “mixed” system (embracing fault and no-fault grounds) to an entirely no-fault basis for divorce. Under these proposals divorce would be regarded as a neutral “process over time” and would not entail judgments into the causes of marriage breakdown. While the Green Paper gives qualified support to this idea, the Government has yet to reach a concluded view.

making a peoples defense and safety System

2020 ◽  
Vol 7 (10) ◽  
pp. 350-363
Author(s):  
Novi Herianto ◽  
M. Nakir
Keyword(s):  
Security System ◽  
National Defense ◽  
Security Sector ◽  
The People ◽  
History Of ◽  
The Law ◽  
The Government ◽  
National Police ◽  
Supporting Force ◽  
The Universe

Article 30 of the 1945 Constitution is the basis for the formulation and drafting of Law No.3 / 2002 on national defense. In article 30, it is stipulated that national defense and security efforts are carried out through the system of defense and security of the total people by the Indonesian National Army and the Indonesian National Police, as the main force, and the people, as the supporting force. This system of defense and security for the people of the universe is then manifested in Law No.20 / 1982 concerning the main provisions of national defense. However, when the TAP MPR Number VI and Number VII was issued regarding the Separation of the Police from ABRI. The government is drafting a new Defense Law that is aligned to separate Defense and security that is adaptive to these changes. The defense is compiled and formulated and then translated into Law no. 3/2002, however, the Law on Security was not immediately realized, instead Law No.2 / 2002 concerning the Indonesian National Police. Until now, the Law on Security does not exist and has not been materialized. As a result, there is a gap between legislation in the defense sector and legislation in the security sector. Some of the mandates of Law No.3 / 2002 can then be translated into Laws, Government Regulations, Presidential decrees instead other legislation products to support national defense.  The lack of this security aspect of course affects the defense and security system which was previously manifested as a comprehensive unit which is of course adjusted to the history of the nation itself. In addition to defense duties which are military in nature, there are tasks in the field of military Nir which all fall into the category of security aspects. As long as there are no regulations governing Security, the Defense and Security System mandated in the 1945 constitution will never materialize.    

Doctrine of Desuetude –Addressing the Constitutional Minefield

2016 ◽  
Vol 5 (1) ◽  
pp. 35-48
Author(s):  
Tripathi Yah ◽  
Singh Rupali
Keyword(s):  
Considerable Confusion ◽  
The Common ◽  
The Law ◽  
Common Man ◽  
The Government ◽  
Insight Into ◽  
Law Commission ◽  
Technical Terms

Ever since India became independent in 1947, major reforms have taken place with respect to many aspects of our day-to-day life. Despite this, several of the laws so passed have not adequately led to the advancement of our country. In addition, statutes are often complex, and therefore cannot be understood by the common man. Ironically, the laws that are enacted for the betterment of the citizens are structured and compiled in such a manner, so as to lead to circuitous statutes laden with several technical terms, discouraging the same very people of the country from taking any legal recourse. The law commission has come out with many far-reaching reports to repeal numerous irrelevant laws, which have given rise to considerable confusion in the minds of citizens as well as the litigants. However, the government has not been very proactive on this front, taking shelter under Article 372 of our Constitution which provides the basis for the continuation of such redundant laws. Most of these laws no longer serve their original purposes, given the change in context. This article highlights the problems that are caused by such laws. Further, it gives an insight into the applicability of the doctrine of desuetude and how the judiciary has favoured its applicability to simplify matters relating to the functioning of these laws.

scholarly journals Institusi Pengelola Zakat Dalam Hukum Positif Di Indonesia

2018 ◽  
Vol 5 (1) ◽  
pp. 171
Author(s):  
Junaidi Abdullah
Keyword(s):  
Font Size ◽  
The People ◽  
The Law ◽  
The Government ◽  
To Receive

<p><em>Zakat is a property that must be set aside by a Muslim or an entity that is owned by Muslims in accordance with the provisions of religion to be given to those who are entitled to receive it.<span style="font-family: Calibri;"><span style="font-size: medium;"> Zakat should be managed properly and professionally, so that the benefits of zakat can prosper the people and can alleviate poverty and can turn mustahik into muzakki. In Indonesia, the government has made several regulations on zakat, namely with the enactment of Law number 38 of 1999 concerning the management of Zakat and has been revised by Law No. 23 of 2011. In the Law that carries out zakat management are institutions officially recognized by the government. These institutions are BAZNAS and LAZ. The form of zakat management carried out by BAZNAS and LAZ starts from the collection, distribution, utilization and reporting.</span></span></em><em></em></p>

scholarly journals Analysis of the Hajj Fund Management Based on the Fatwa of the National Sharia Council (DSN) Number 122 Concerning the Management of BPIH Fund and Special BPIH Based on Sharia Principles

2021 ◽  
Vol 3 (1) ◽  
pp. 21-35
Author(s):  
Ilham Maulid ◽  
Amirsyah Amirsyah
Keyword(s):  
Qualitative Data ◽  
Current Issue ◽  
Fund Management ◽  
Descriptive Data ◽  
The People ◽  
Funds Management ◽  
The Law ◽  
The Government ◽  
Numeric Data

Badan Pengelola Keuangan Haji (BPKH) has the full authority to manage the existing Haj pilgrimage funds. However, the current issue is how to oversee the management of the Haj pilgrimage funds, which have crossed 100 trillion The monitoring of these funds management is not simple, particularly because the source of the funds comes from the ummah, where it belongs to the ummah, especially the pilgrims, and the benefits should be returned to the pilgrims representing the ummah and also for the benefit of the people and nation. This study aims to describe the fatwa of the National Shariah Board No. 122 concerning Funds Management of BPIH and Special BPIH based on Sharia Principles and to analyze whether the management of Hajj Pilgrimage Funding Costs (BPIH) is under the fatwa. This research used qualitative data. The research that produces descriptive data in the form of non-numeric data, which is a symptom, data information, based on facts obtained from the field, then conclusions are drawn. The result showed that the management of the hajj Pilgrimage Cost (BPIH) was by following the DSN-MUI fatwa. The suitability of Sharia in the management of hajj funds can be seen from the government transferring these funds to the halal sector as confirmed in the Law no. 34 of 2014 emphasizes that the management of hajj funds must comply with sharia principles, namely the sector that is avoided from maisir, gharar, usury, and other.

scholarly journals Foreign investment in Indonesia The Legal Aspects under the New Indonesian Investment Law

2017 ◽  
Vol 8 (2) ◽  
pp. 01
Author(s):  
Petra Bunawan
Keyword(s):  
Economic Growth ◽  
International Law ◽  
Capital Investment ◽  
Government Regulation ◽  
Legal Aspects ◽  
Economic Stability ◽  
The People ◽  
Investment Law ◽  
The Law ◽  
The Government

Indonesia plays an important role in the ASEAN region as well as in the global community, therefore investment policy become one of the major concern to government. To meet and accomodate the business enviroment both domestic and overseas that need capital investment, thus to develop the economic growth and build a suistainable economic stability in the region as well as for the people of Indonesia, it is  neccessary to stipulate the inevestment law that provide all the need . Therefore the government has replaced the old law with the new  Investment Law, the law No 25 of 2007.  The Law provides the basic principle of legal certainty, non discrimination and  same treatment for investors both domestic and overseas. The principles of opennes, accountability, togetherness and the concept of repatriation support the friendly investment atmosphere in Indonesia. As well as the supportive fasilities and easy procedure for investors to invest and build business in Indonesia. One of important issues regarding to Investment law is to increase the direct investment, instead of indirect investment that its contribution has a difference impact to the real sectors and economic growth.The question is the law and supportive law accomodatively provides the need of investment enviroment, knowing the economic growth has been influenced by the era of globalization and in fact Indonesia has signed and ratified international agreement as well. This writing will give a slighty persfective according to Indonesian Investment law and other supportive law, both national and international . Keywords: Law, Investment, Government Regulation, Principles, international law

scholarly journals Judicial Specialisation in a Generalist Jurisdiction: Is Commercial Specialisation Within the High Court Justified?

2015 ◽  
Vol 46 (2) ◽  
pp. 307
Author(s):  
William Steel
Keyword(s):  
New Zealand ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Common Law ◽  
Future Research ◽  
High Court ◽  
The Law ◽  
The Government ◽  
Law Commission ◽  
The Way

In November 2013, after a series of Law Commission reports and years of academic, professional and judicial discussion, the Government introduced legislation to Parliament to replace the existing High Court commercial list with a specialist commercial panel. Whilst this panel would bring New Zealand into line with many comparable common law jurisdictions, this article argues that the case for specialisation has not been established. In particular, it notes that there is no publically available evidence to support the claim that the High Court is losing its commercial jurisdiction, or that commercial parties are choosing to resolve their disputes offshore or through alternative dispute resolution. Accordingly, this article argues that future research by the Law Commission, or other research agency, is required before specialisation can be justified. In reaching this conclusion, it also examines the issues that may arise if the Government decides to continue with its proposed reform under cl 18 of the Judicature Modernisation Bill 2013, suggesting changes along the way.

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