scholarly journals Konstitusi Agraria Upaya Reforma Agraria Melalui Program LARASITA Pensertipikatan Hak Milik Atas Tanah

2016 ◽  
Vol 2 (02) ◽  
pp. 245-266
Author(s):  
Nurma Khusna Khanifa
Keyword(s):  
Certificate Program ◽  
The Public ◽  
The People ◽  
Actual Field ◽  
The Will ◽  
Agrarian Law ◽  
Sense Of Justice ◽  
Laws And Regulations

One proactive services implemented by BPN in an effort to make it easy for people to land services in obtaininga land certificate program LARASITA (People Services For Land Certificate). BPN services contained within LARASITA in actual field program carried out by the District Land Office or City. LARASITA program is asympathetic effort to serve people whowant to make a land certificate. LARASITA is an innovative policies that depart from the fulfillment of the necessary sense of justice, and is expected to be considered by the public. LARASITA built and developed to make real mandate of Article 33 paragraph (3) of the Constitution of 1945, the Basic Agrarian Law, as well as all laws and regulations in land and keagrariaan. Development LARASITA depart from the will and motivation to bring the Indonesian National Land Agency (BPN RI) with thecommunity, as well as changing the paradigm of implementing the duties and functions of BPN RI waiting oractive or passive to proactive, go to the people directly.

scholarly journals Let the People Decide! Assessing the Democratic Legitimacy of the Brexit Referendum

MaRBLe ◽  
2019 ◽  
Vol 1 ◽  
Author(s):  
Jacob Rozenburg
Keyword(s):  
Democratic Legitimacy ◽  
Democratic Process ◽  
Critical Approach ◽  
Decision To Leave ◽  
The Public ◽  
Objective Truth ◽  
The People ◽  
The Will ◽  
The Subject ◽  
The Eu

While the decision to organise a Brexit has been the subject of seemingly endless debate, the legitimacy of this decision is generally accepted by those on both sides of the fence. The notion that a Brexit must happen, whatever the costs, as “the people have spoken”, has cemented itself in the public debate as some form of objective truth. However, in order to safeguard British democracy, it is in fact necessary to take a more critical approach to this perceived “legitimacy”. In order to provide such an approach, this paper challenges the Brexit’s democratic legitimacy on two levels. First, using Canovan’s “redemptive” and “pragmatic” faces of democracy, it argues that the “will of the people” has been unable to legitimise the decision to leave the EU. Second, focusing in on the conduct of the referendum, it argues that due to procedural errors, the referendum has additionally been unable to translate “the will of the people” in the first place. By taking this two-step approach to the Brexit’s legitimacy question, this paper exposes the general fragile nature of referenda and highlights how the Brexit referendum has failed to communicate the “will of the people” and subsequently strengthen the UK’s democratic process.

scholarly journals EXAMINING THE DRAFT CIPTA KERJA BILL IN THE PERSPECTIVE OF HUMAN RIGHTS TO ACHIEVE RESPONSIVE, ASPIRATIONAL AND PROGRESSIVE NATIONAL LAW DEVELOPMENT

2021 ◽  
Vol 12 (2) ◽  
pp. 1
Author(s):  
Rama Halim Nur Azmi
Keyword(s):  
Human Rights ◽  
Comparative Approach ◽  
National Interests ◽  
The Public ◽  
Critical Attitude ◽  
Employment Sector ◽  
The People ◽  
The Government ◽  
Made In ◽  
Laws And Regulations

Abstract:President Joko Widodo in 2018 revealed the government's target of making a law by means of the omnibus law to overcome the existence of regulatory obesity and overlapping regulations in Indonesia. One of the sectors the government has targeted for the enactment of the omnibus law is the employment sector. The drafting of the omnibus law bill on labor began in 2019 with the target completed within 100 days. At that time the draft law was called the Draft Cipta Lapangan Kerja Bill. However, in the draft last in February 2020 the draft law was named the Draft Cipta Kerja Bill. According to the Chairperson of the People's Legislative Assembly, Puan Maharani, in the DraftCipta Kerja Bill, which was made in an omnibus law, consisted of 79 laws. In the Draft Cipta Kerja Billnotonly includes the employment sector but also other sectors such as the environment. However, the Cipta Kerja Bill has so far drawn rejection from the public, laborers, activists, academics, and practitioners because it is considered in the drafting of the Cipta Kerja Bill that it has problems both formally and materially, even according to some experts the Cipta Kerja Bill has the potential to violate human rights if authorized. In this paper, we will discuss the existence of the omnibus law as one of the mechanisms for the formation of laws and regulations and how the problems in the Draft Cipta Kerja Bill. The method used in this research is a normative juridical method with the statutory and comparative approach. The results of this study are an analysis of the existence of the omnibus law as one of the mechanisms for the formation of legislation and the existence of a picture and a critical attitude towards the issue of the Cipta Kerja Bill. So that through this paper, it can be seen whether the drafting of the Cipta Kerja Bill is intended for the interests of the people or only for the sake of investment which will certainly sacrifice human rights and harm national interests.   Keywords: omnibus law, Draft CiptaKerja Bill, employment, human rights.   Abstrak:Presiden Joko Widodo pada tahun 2018 mengungkapkan target pemerintah yakni membuat suatu undang-undang dengan cara omnibus law untuk mengatasi adanya obesitas regulasi dan tumpang tindihnya regulasi di Indonesia. Salah satu sektor yang menjadi target pemerintah untuk dibuatkan undang-undang omnibus law adalah sektor ketenagakerjaan. Penyusunan rancangan undang-undang omnibus law tentang ketenagakerjaan dimulai sejak tahun 2019 dengan target selesai dalam waktu 100 hari. Saat itu rancangan undang-undang tersebut dinamakan Rancangan Undang-Undang Cipta Lapangan Kerja. Namun, dalam draft terakhir pada Februari 2020 rancangan undang-undang tersebut bernama Rancangan Undang-Undang Cipta Kerja (RUU Cipta Kerja). Menurut Ketua Dewan Perwakilan Rakyat Puan Maharani dalam RUU Cipta Kerja yang dibuat secara omnibus law tersebut terdiri dari 79 undang-undang. Dalam RUU Cipta Kerja tersebut tidak hanya memuat tentang sektor ketenagakerjaan saja tetapi juga sektor-sektor lainnya seperti lingkungan hidup. Tetapi, RUU Cipta Kerja tersebut hingga saat ini menuai penolakan baik dari masyarakat, buruh, aktivis, akademisi, dan praktisi karena dinilai dalam penyusunan RUU Cipta Kerja tersebut memiliki masalah baik secara formil maupun materiil bahkan menurut sebagian ahli RUU Cipta Kerja berpotensi melanggar hak asasi manusia apabila disahkan. Dalam tulisan ini akan dibahas mengenai bagaimana keberadaan omnibus law sebagai salah satu mekanisme pembentukan peraturan perundang-undangan dan bagaimana permasalahan dalam RUU Cipta Kerja. Metode yang digunakan dalam penelitian ini adalah metode yuridis normatif dengan pendekatan peraturan perundang-undangan dan pendekatan perbandingan. Adapun hasil dari penelitian ini adalah adanya analisis terhadap keberadaan omnibus law sebagai salah satu mekanisme pembentukan peraturan perundang-undangan dan adanya suatu gambaran dan sikap kritis terhadap permasalahan RUU Cipta Kerja. Sehingga melalui tulisan ini dapat terlihat apakah penyusunan RUU Cipta Kerja memang diperuntukkan kepentingan rakyat atau hanya demi kepentingan investasi semata yang tentunya akan mengorbankan hak asasi manusia dan merugikan kepentingan nasional.   Kata Kunci:omnibus law, RUU Cipta Kerja, ketenagakerjaan, hak asasi manusia.  

scholarly journals Strategi Penanganan Konflik Kepemimpinan Non-Muslim di Birokrasi: Studi Kasus di Kecamatan Pajangan, Bantul, Yogyakarta

2019 ◽  
Vol 6 (2) ◽  
pp. 92-113
Author(s):  
Ismail Angkat
Keyword(s):  
Qualitative Research ◽  
Civil Society ◽  
Community Leaders ◽  
Security Forces ◽  
The Public ◽  
Traditional Leaders ◽  
Cultural Conditions ◽  
The People ◽  
The Government ◽  
Laws And Regulations

Abstract: The purpose of this research is to know the factors underlying the conflict about the Pajangan sub-district in Bantul, and how to resolution conflicts involving the Pajangan sub-district by the government and the community. The informants in this study were mass organizations, civil society, community leaders, traditional leaders, and security forces in Pajangan District related to these cases. The research used in this research is descriptive qualitative research. The results of this study reveal the facts that occurred in the Pajangan sub-district was motivated by several factors in it is the socialization of the government related to the policy of setting the Pajangan sub-district head. The government is less open to the public regarding the policies issued. The policies issued by the government are not quite right. The policy is not in accordance with the culture of the people in the Display, although the Regent's policy does not violate the laws and regulations for the election of the camat. In addition, the community also understands the Regent's policy that can consider the cultural conditions in Pajangan, especially the people in Pajangan which are full of Muslims, and also supports the differences which are the main reason for the Pajangan community to reject the camat. The government and the community have taken several actions to resolve the conflict over the conflict, such as negotiation, mediation, and finally arbitration.Keywords: Leadership, Non-Muslim, and Bureaucracy

scholarly journals Optimalisasi Kebijakan Diseminasi Informasi Kinerja Lembaga Legislatif Daerah Dalam Peningkatan Kualitas Demokrasi

Jurnal Common ◽  
2017 ◽  
Vol 1 (1) ◽  
Author(s):  
Mahi M Hikmat
Keyword(s):  
Information Dissemination ◽  
Local Area ◽  
The Public ◽  
Positive Side ◽  
The People ◽  
The Will ◽  
The Government ◽  
Local Representative ◽  
The Voice

Salah satu perubahan paradigma yang mendasar dari lahirnya kebijakan otonomi daerah adalah penguatan aksebilitas rakyat terhadap kebijakan yang dibuat Pemerintah Daerah. Hal itu diwujudkan dengan penguatan eksistensi DPRD (Dewan Perwakilan Rakyat Daerah) sebagai representasi kehendak rakyat. Sebagaimana amanah Pasal 18 ayat (3) UUD 1945, DPRD dipilih melalui Pemilu oleh rakyat daerah, sehingga suara DPRD merupakan suara rakyat daerah.Diseminasi informasi kinerja Legislatif Daerah merupakan bagian yang sangat penting dalam penguatan DPRD, sehingga harus dioptimalkan dalam kerangka mendorong kualitas demokrasi di daerah. Untuk mengungkap tujuan tersebut dilakukan kajian yuridis dengan menggunakan pendekatan subyektif dan metode deskriptif kualitatif.Kajian ini menghasilkan kesimpulan, 1). Banyak peraturan perundangan yang terkait dengan lembaga Legislatif Daerah mengamanahkan urgensi diseminasi informasi kinerja sebagai bagian dari pertanggungjawaban publik dan merupakan bagian penting dari penguatan kualitas demokrasi di daerah; 2). Semua kegiatan dalam implementasi amanah peraturan perundangan terkait dengan fungsi, tugas dan wewenang, hak dan kewajiban, merupakan hal penting untuk didiseminasikan kepada publik, kecuali informasi yang harus dirahasiakan menurut peraturan perundangan; 3) Model alternatif diseminasi informasi kinerja adalah Model Persuasi Hugh Rank yang lebih menguatkan pelibatan komponen pokok, mengekspose secara intensif ide-ide, peristiwa, kegiatan atau substansi diseminasi informasi lainnya yang bernilai kebaikan dan kelebihan sisi positif) serta memainkan, menyamarkan, atau menyembunyikan (downplay) aspek-aspek sisi negatif. AbstractOne of the paradigm changes which inherent from the birth of local autonomy policy is strengthening the accessibility of the people to the policies of the government made by local government. It occurred in strengthening existence of local representative (DPRD) as representatives of the will of the people. As the mandate of article 18 paragraph ( 3 ) 1945 constitution, local representative was elected through general election by local people, that the voice of local representative is the voice of the local people.Information dissemination of local legislative performance becomes really important part in strengthening parliament. To uncover the purpose of juridical, the study was conducted with the use of subjective approach and a method of descriptive qualitative study.This study finds several conclusions, 1) Many laws relating to the legislative institutions gives urgency disseminate information performance as part of accountability public and an essential part of strengthening the quality of democracy in the local area; 2) All activities implementation of legislation relating to the function, responsibility and authority, rights and obligations, are crucial to be disseminated to the public, except for information which should be confidential according to legislation; 3) Model of alternative disseminate information performance is a persuasion model of Hugh Rank, which more strengthens the principal engagement, exposes intensively ideas, events, activity or other substance of information dissemination which is good and excess (the positive side) and which plays, disguises, or downplays the negative sides.

Good government, democratisation and traditional African political philosophy: the example of the Kanyok of the Congo

1998 ◽  
Vol 36 (3) ◽  
pp. 483-507 ◽  
Author(s):  
John Yoder
Keyword(s):  
Common Good ◽  
Political Elite ◽  
Public And Private ◽  
The Public ◽  
The People ◽  
Political Environments ◽  
Good Government ◽  
History Of ◽  
The Will ◽  
State Of Affairs

Over the last several decades, officials in both the public and private sectors have applied economic, military, cultural, academic and diplomatic tools to promote the spread of democratic pluralism in African and elsewhere. With the fall of Africa's most resilient tyrant, Mobutu Sese Seko, there is hope that even one of Africa's most troubled systems may be transformed into a state that reflects the will of the people and promotes the common good. Sober observers, however, remain pessimistic. Laurent Kabila's spotted record on human rights, his stubborn intolerance of political opposition, the challenging global economic and political environments, and the long history of bad government in Mobutu's Zaïre are obvious reasons for concern. Furthermore, the example of most other African states is not encouraging. With the exception of countries such as South Africa and Botswana, even the most tenuous democratic progress in Africa is often slowed, blocked or reversed.Generally, blame for this state of affairs has been levelled against the African political elite, the burden of colonialism, or international political and economic pressures. Specifically, for the Congo, Mobutu's kleptocracy, Belgium's paternalism, America's backing of a friendly dictator and the World Bank's support for ill-advised ‘development’ schemes all have been criticised. While such reproaches may be well deserved, this article argues that it is important to ask if the persistent failure of democracy in the Congo as well as in other African states is also related to African political culture.

scholarly journals HAK ATAS PENGADAAN DAN STANDAR RUMAH BAGI MANTAN PRESIDEN DAN/ATAU MANTAN WAKIL PRESIDEN REPUBLIK INDONESIA

2017 ◽  
Vol 4 (1) ◽  
pp. 46
Author(s):  
Laurensius Arliman Simbolon
Keyword(s):  
Middle Class ◽  
Vice President ◽  
Lower Middle Class ◽  
The Public ◽  
The People ◽  
Presidential Decree ◽  
Supreme Leader ◽  
The Republic ◽  
The Right ◽  
Sense Of Justice

President is the supreme leader in the Republic of Indonesia, it is also clearly stated in the Constitution of the Republic of Indonesia Year 1945. After the outgoing president, and became ordinary Indonesian citizens, the president is also still get one of their rights, namely the right to earn a living, it is a form of tribute to the former President or Vice President who has been leading this country during the period of his leadership. Towards the end of his term, Susilo Bambang Yudhoyono to change the rules providing a home for former president and vice president. The change was then poured in Presidential Regulation No. 52 Year 2004 on the Amendment of Presidential Decree No. 88 Year 2007 concerning Procurement and Standard Home for Former President and Vice President. The policy made by President, invited strong reactions from the public. Therefore, the facilities will be reserved for the former president and vice president in the form of procurement of the house is considered very exaggerated and does not reflect a sense of justice for the people, especially people from the lower middle class who until now have not had a home. In this paper will discuss the procurement and the right to a standard home to the former president and / or the former vice president of the republic of Indonesia, and controversy procurement and standards for the former president's home and / or former vice president of the republic of Indonesia.

scholarly journals A BRIEF POLITICO-ECONOMIC ANALYSIS OF INDIA SINCE 2014

2021 ◽  
Vol 9 (8) ◽  
pp. 226-229
Author(s):  
Mangal Sing Kro
Keyword(s):  
Economic Analysis ◽  
The Public ◽  
The People ◽  
The Government ◽  
Laws And Regulations

The public representatives have often spoken on the change as well as about New India. What is New India? The answer to this question will depend on the result or the outcome of their actions. The ruling government has been changing and modifying some existing laws and regulations through the parliament imbibing their ideologies. The government which was influenced by neo-liberalists has already privatized some public running enterprises. Many people criticize this ruling government and have called it the less liberal and less democratic style of governance. The questions of freedom associated with religion, expression etc. are often raised by the people during this government.    

scholarly journals Hak Atas Tanah Pada Kawasan Konservasi

2021 ◽  
Vol 1 (1) ◽  
pp. 40
Author(s):  
Orias Reizal De Rooy ◽  
Hendrik Salmon ◽  
Reny Heronia Nendissa
Keyword(s):  
Public Interest ◽  
Land Rights ◽  
The State ◽  
Conservation Areas ◽  
The Public ◽  
Basic Rights ◽  
The People ◽  
The Government ◽  
Legal Concepts ◽  
Laws And Regulations

Introduction: Regulation of the land control and land use on conservation areas, especially in coastal and coastal areas refers to the agrarian regulation in general, both for the benefit of the government and the public interest. The public interest is related to the rights that the State can give to its people for certain objects. Concerning the rights of the people, the state constitution guarantees the existence of the basic rights of the people, not only to the rights to land but also to other basic rights that are indeed held by the people and must be protected by the State.Purposes of the Research: Analyze the status of land rights in conservation areas and the legal consequences of land rights in conservation areas.Methods of the Research: The research methods used in this article is Normative Research, which is to examines and identify laws and regulations as well as legal concepts, especially about Land Rights on Conservation Areas to be the subject of study in finding the answers to the issues above.Results of the Research: The nature of the law which is always open and dynamic following the dynamics of changing community needs is expected to be able to answer the need for legal certainty itself through synchronization and harmonization of laws and regulations that explicitly regulate control and use of land in conservation areas that can guarantee certainty of community rights in the area. the coast.

scholarly journals THE RECONSTRUCTION OF PROGRESSIVE LAW BASED BUREAUCRATIC LEGAL CULTURE OF HEALTH CARE SERVICES

2019 ◽  
pp. 285-300
Author(s):  
Jamiat Akadol
Keyword(s):  
Health Care ◽  
Health Care Services ◽  
Symbolic Interaction ◽  
Legal Culture ◽  
Healthcare Services ◽  
Disadvantaged Community ◽  
The Public ◽  
Care Services ◽  
The People ◽  
Sense Of Justice

Bureaucratic legal culture in health care services is extremely important. The expected bureaucratic legal culture is the one that is fair for the public so that the healthcare services can satisfy and be accepted by the public. The importance of bureaucratic legal culture in health care services becomes the reason why this research is done. The proposed research questions for the study on bureaucratic legal culture in health care services for mothers and babies are: (1) How is the current bureaucratic legal culture in health care services? (2) Why hasn’t the current bureaucratic legal culture reflected the sense of justice for the people? (3) How should the ideal construction of progressive law-based bureaucratic legal culture in the health care services be to reflect the sense of justice for the people? This is qualitative research, which uses the synergy between constructivism paradigm and a socio-legal approach. To reveal the practice of bureaucratic legal culture in the health care services, some theories of symbolic interaction, legal culture, bureaucratic, state administration, and power of authority are used. The participants of the study are determined through a purposive sampling method. The data gathering method is done through interviews, focus group discussions, and participant observation, which is analyzed by using an interactive method. This research showed that the bureaucracy in health care services applied Weberian and Marxian’s models, which influenced the bureaucratic legal culture, resulted in the practice of health care services. The community’s rights to attain fairness in health care services were ignored because of the economic and power factors that were in line with paternalistic and patron-client cultures, as well as the legal factor that did not side to the disadvantaged community and the people in the border areas. The principles of progressive law had been applied but they had not been understood thoroughly and done consistently to form a bureaucratic legal culture in health care services. Therefore, the bureaucratic legal culture in health care services should be reformed by using the principles of progressive law.

Democracy When the People Are Thinking

2018 ◽  
Author(s):  
James S. Fishkin
Keyword(s):  
Public Opinion ◽  
Political Theory ◽  
Deliberative Democracy ◽  
Authoritarian Regimes ◽  
Democratic Politics ◽  
Fake News ◽  
The Public ◽  
Policy Choices ◽  
The People ◽  
The Will

Democracy requires a connection to the “will of the people.” What does that mean in a world of “fake news,” relentless advocacy, dialogue mostly among the like-minded, and massive spending to manipulate public opinion? What kind of opinion can the public have under such conditions? What would democracy be like if the people were really thinking in depth about the policies they must live with? This book argues that “deliberative democracy” is not utopian. It is a practical solution to many of democracy’s ills. It can supplement existing institutions with practical reforms. It can apply at all levels of government and for many different kinds of policy choices. This book speaks to a recurring dilemma: listen to the people and get the angry voices of populism or rely on widely distrusted elites and get policies that seem out of touch with the public’s concerns. Instead, there are methods for getting a representative and thoughtful public voice that is really worth listening to. Democracy is under siege in most countries. Democratic institutions have low approval and face a resurgent threat from authoritarian regimes. Deliberative democracy can provide an antidote. It can reinvigorate our democratic politics. This book draws on the author’s research with many collaborators on “Deliberative Polling”—a process he has conducted in twenty-seven countries on six continents. It contributes both to political theory and to the empirical study of public opinion and participation, and should interest anyone concerned about the future of democracy and how it can be revitalized.

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