scholarly journals Law Enforcement on Indonesian Sovereign Wealth Fund to Strengthen the National Economy

2021 ◽  
Vol 3 (2) ◽  
pp. 16-25
Author(s):  
Andra Rahmad Darmawan ◽  
Sukarmi ◽  
Adi Kusumaningrum
Keyword(s):  
Law Enforcement ◽  
Government Regulation ◽  
Supervisory Board ◽  
International Standards ◽  
Investment Management ◽  
Sovereign Wealth Fund ◽  
Study Results ◽  
Presidential Decree ◽  
The Government ◽  
Management Institutions

As a new institution in Indonesia, Sovereign Wealth Fund need to be equipped with a solid legal basis and supported by international standard governance. As a form of the Government's commitment to accelerate the operationalization of this Institution, the Government has established 3 (three) legal products related to the Investment Management Agency. The first legal product in Government Regulation (PP) Number 73 of 2020, Government Regulation Number 74 of 2020, and Presidential Decree Number 128/P of 2020 concerning the Establishment of the Selection Committee for the Selection of Candidates for the Sovereign Wealth Fund Supervisory Board from Professional Elements. This research aims to identify two aspects related to the position of Sovereign Wealth Fund in Indonesia and assess whether the existence of the above legal products is a form of law enforcement against Sovereign Wealth Fund in Indonesia with international standards. The study results indicate that the legal position of the Sovereign Wealth Fund (LPI) can be equated with similar institutions that have previously been established, such as State-Owned Enterprises and the Investment Coordinating Board. The regulation of investment management institutions in the work copyright law still has weaknesses, namely from supervision.

ANALISIS ABORSI DALAM PERATURAN PEMERINTAH NO. 61 TAHUN 2014 TENTANG KESEHATAN REPRODUKSI

2018 ◽  
Vol 4 (1) ◽  
pp. 1
Author(s):  
Ferry Fadzlul Rahman
Keyword(s):  
Law Enforcement ◽  
Reproductive Health ◽  
Government Regulation ◽  
Medical Emergency ◽  
Rape Victims ◽  
Negative Effects ◽  
Law Enforcement Agencies ◽  
Community Factors ◽  
Law Enforcement Officials ◽  
The Government

Abortion is a social phenomenon that is increasingly alarming. The concern is not without reason, because so far the behavior of abortion many negative effects both for themselves the perpetrators and the wider community. With the passing of the Government Regulation No. 61 Year 2014 on Reproductive Health still raises the pros and cons in the middle of the community. The approach used to address the problem that the above problems are normative juridical approach. Based on the results of the study need to decriminalize abortion in Government Regulation No. 61 Year 2014 on Reproductive Health which has the goal of creating the legal basis for abortion and the experts who helped him as an indication of a medical emergency or pregnancy due to rape, and factors inhibiting the decriminalization of abortion is legal factors themselves, law enforcement officials factors, factors facilities or infrastructure, community factors, and cultural factors. Suggestion that the author should the government needs to review the Government Regulation No. 61 Year 2014 on Reproductive Health in particular Article 31 and Article 34 within the limited evidence of rape victims in just 40 days because of the time limit is not relative to the law enforcement agencies to prove it, as well as regarding the evidentiary aspects of pregnancy due to rape victims in order to avoid an impression of legitimizing the act of abortion in any form. Keywords: Abortion, , Reproductive Health

ANALISIS DEKRIMINALISASI ABORSI DALAM PERATURAN PEMERINTAH NO. 61 TAHUN 2014 TENTANG KESEHATAN REPRODUKSI

2016 ◽  
Vol 2 (2) ◽  
pp. 80
Author(s):  
Ferry Fadzul Rahman
Keyword(s):  
Law Enforcement ◽  
Reproductive Health ◽  
Government Regulation ◽  
Medical Emergency ◽  
Rape Victims ◽  
Negative Effects ◽  
Law Enforcement Agencies ◽  
Community Factors ◽  
Law Enforcement Officials ◽  
The Government

Abortion is a social phenomenon that is increasingly alarming. The concern is not without reason, because so far the behavior of abortion many negative effects both for themselves the perpetrators and the wider community. With the passing of the Government Regulation No. 61 Year 2014 on Reproductive Health still raises the pros and cons in the middle of the community. The approach used to address the problem that the above problems are normative juridical approach. Based on the results of the study need to decriminalize abortion in Government Regulation No. 61 Year 2014 on Reproductive Health which has the goal of creating the legal basis for abortion and the experts who helped him as an indication of a medical emergency or pregnancy due to rape, and factors inhibiting the decriminalization of abortion is legal factors themselves, law enforcement officials factors, factors facilities or infrastructure, community factors, and cultural factors. Suggestion that the author should the government needs to review the Government Regulation No. 61 Year 2014 on Reproductive Health in particular Article 31 and Article 34 within the limited evidence of rape victims in just 40 days because of the time limit is not relative to the law enforcement agencies to prove it, as well as regarding the evidentiary aspects of pregnancy due to rape victims in order to avoid an impression of legitimizing the act of abortion in any form.

Legal framework for religious activity in post-Soviet Kazakhstan: from liberal to prohibitive approaches

2020 ◽  
Vol 9 (1) ◽  
pp. 105-131
Author(s):  
Roman Podoprigora
Keyword(s):  
Law Enforcement ◽  
Political System ◽  
Government Regulation ◽  
Legal Framework ◽  
Public Attitude ◽  
Social Consequences ◽  
Religious Activity ◽  
The Public ◽  
Religious Associations ◽  
The Government

Abstract Religious activity is a very sensitive area of government regulation in Kazakhstan. After some post-soviet years of liberalization, the government has decided to return to soviet-style relations with a large amount of attention on the control and supervision of religious areas. The Law ‘On Religious Activity and Religious Associations’ adopted in 2011 was the result of such a decision. This article analyses the legal framework for religious activity, the model of relations between state and religious associations in modern Kazakhstan, the public attitude towards regulation in the religious field, the legal and social consequences of the adoption of current law, as well as the problems of its implementation and the government’s administration of religious activity in Kazakhstan. The author reaches the conclusion that more liberal legislation and law-enforcement practice is unlikely without changes in the political system, the public attitude towards religion and views on secularity.

scholarly journals Problematik Kepastian Hukum Darurat Kesehatan Masyarakat Pada Masa Pandemi COVID-19

2021 ◽  
Vol 3 (1) ◽  
pp. 197
Author(s):  
Hananto Widodo ◽  
Fradhana Putra Disantara
Keyword(s):  
Public Health ◽  
Government Regulation ◽  
Conceptual Approach ◽  
Public Health Emergencies ◽  
Legal Implications ◽  
Concept Of Health ◽  
Presidential Decree ◽  
The Status ◽  
The Government

This research is normative research. The purpose of this research is to examine the emergency constitutional law related to the concept of health emergencies as referred to in Law No. 6 of 2018 concerning Health Quarantine; and provide comprehensive analysis and formulation related to future emergency law arrangements. The research method used in this research is a statute approach and a conceptual approach; by using primary and secondary legal materials. The results of this study are the legal implications related to the determination of the health emergency status based on Presidential Decree No. 11 of 2020 has created legal uncertainty, because the government has actually issued Government Regulation No. 21 of 2020 first; is not a Government Regulation on procedures for determining and revoking the status of determining health emergencies. On the other hand, the determination of public health emergencies is not synergistic with its implementation. Furthermore, an ideal arrangement is needed in the future related to public health emergencies in order to achieve legal certainty in public health emergencies. For this reason, a harmonization of the state of danger law is needed or the establishment of a danger state law such as the omnibus bill

scholarly journals Enforcement of Law of Copyright Infringement and Forgery with the Rise of the Digital Music Industry

2021 ◽  
Vol 21 (2) ◽  
pp. 223
Author(s):  
Nevey Varida Ariani
Keyword(s):  
Law Enforcement ◽  
Government Regulation ◽  
Music Industry ◽  
Legal Protection ◽  
Copyright Infringement ◽  
Digital Music ◽  
Criminal Sanctions ◽  
Directorate General ◽  
The Law ◽  
The Government

The current pandemic situation encourages musicians to be productive in creating digital works such as songs and music so that their creative works can produce moral and economic values. However, infringement and forgery of digital music works are rampant. The issue of royalties is still a problem in the digital music industry in Indonesia, including new challenges to the role of aggregators and Collective Management Organization. The problem of this research is how the enforcement of the law of copyright infringement and forgery is with the emergence of the digital industry. This research used a qualitative method with a normative juridical approach. The results of the research showed that the increasing and complicated law enforcement related to digital music copyright is influenced by regulations such as complaint offense that hindered the law enforcement. The process of coordination and supervision between the Civil Servant Investigator (PPNS) of the Directorate General of Intellectual Property and other law enforcement officers needs to be improved. Law enforcement includes payment of compensation, termination of certain activities that cause harm to creators and owners of related rights, obligation to withdraw from circulation, revocation of business licenses, termination of business activities, and the last resort of ultimum remedium in the form of criminal sanctions. Dissemination of information and knowledge regarding IPR law and its derivative regulations including Government Regulation No. 50 Year 2021 carried out by the government is part of the legal protection of the society to increase public legal awareness in the digital era. 

scholarly journals PROBLEMATIKA PENEGAKAN HUKUM DAN NAWACITA JOKOWI-JK DALAM PERSPEKTIF HUKUM TATA NEGARA DI INDONESIA

Yustitia ◽  
2019 ◽  
Vol 5 (1) ◽  
pp. 90-107
Author(s):  
Sugianto Sugianto
Keyword(s):  
Law Enforcement ◽  
Constitutional Law ◽  
Law Enforcement Officers ◽  
Legal Culture ◽  
Public Law ◽  
Legal Structure ◽  
Presidential Decree ◽  
Key Factor ◽  
The Government ◽  
Substantive Law

“Nawacita” and Constitutional Law needs to be a legal approach to make improvements to the legal system, in order to encourage enforcement of the law with justice, then at least have to involve three pillars consisting of: (1) the substantive law (legal substance), which include legislative reform; (2) legal structure (law structure), including human resources law-enforcement officers (human resource), entered in it anyway coordination among law enforcement officers; and (3) the legal culture (legal culture), both culture and public law enforcement officers or citizens in general. Then, constitutional law and can be answered correctly, can be practiced within their Constitutional Act and may be unenforceable government in running the government. The key factor to keep in mind, eliminating egosektoral government agencies. Do not stop until the Act, a similar effort was also made to the laws which are in the executive area, such as government regulations, a presidential decree and ministerial regulation

scholarly journals PENGADILAN HAK ASASI MANUSIA SEBAGAI UPAYA PERTAMA DAN TERAKHIR DALAM PENYELESAIAN PELANGGARAN BERAT HAK ASASI MANUSIA DI TINGKAT NASIONAL

2011 ◽  
Vol 12 (3) ◽  
Author(s):  
Lina Hastuti
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Ad Hoc ◽  
International Standards ◽  
East Timor ◽  
Theoretical Research ◽  
Judicial Process ◽  
Human Rights Abuses ◽  
National Courts ◽  
Presidential Decree

This article is to examine national courts as a forum first and final settlement of the case enforcement as a gross violation of human rights and that mechanism. Research that is theoretical research, encourage a fuller understanding of the conceptual basis of the principles of law and the process of finding the rule of law, legal principles and legal doctrines in order to answer the legal issues at hand. Based on Presidential Decree No. 53 of 2001 and Act No. 26 of 2004 established an ad hoc human rights court in East Timor, to prosecute accused perpetrators responsible for gross human rights abuses in East Timor after the popular consultation in 1999 and the results are very far from expectations. The cause of the failure of the judicial process can be grouped in the legal and non-legal factors. Legal factors are many weaknesses Act No. 26 of 2004. In addition, law enforcement officers are not credible, so that the resulting decisions do not fulfil international standards as an impartial tribunal and sense of fairness to all parties. While the non-legal factors associated with the political aspects, such as perceived political will is lacking. National mechanisms should be the first and last attempt to resolve as a gross violation of human rights, so there will be no interference from the international court because of the inability and unwillingness of Indonesia. Key words : gross human rights violations, law enforcement, national mechanism

PENERAPAN DISIPLIN DALAM RANGKA PENINGKATAN KINERJA PEGAWAI NEGERI SIPIL DI LINGKUNGAN SATUAN POLISI PAMONG PRAJA KOTA BOGOR

2017 ◽  
Vol 1 (2) ◽  
pp. 125
Author(s):  
Rojak Rojak ◽  
Abubakar Iskandar ◽  
Beddy Iriawan Maksudi
Keyword(s):  
Law Enforcement ◽  
Government Regulation ◽  
Civil Service ◽  
Working Hours ◽  
Civil Servants ◽  
State Apparatus ◽  
The Subject ◽  
The Government ◽  
The Many ◽  
The City

Government Regulation No. 53 of 2010 Concerning Servants Discipline is the legal basis to ensure civil servants and can be made the basis for the preparation of State apparatus that is good and right. Within the Civil Service Police Unit Bogor itself often occur pelanggaranber relation to breaches of discipline of civil servants, such as doing things that can degrade the honor or dignity of the State, the Government, or Civil Servants in this case many civil servants are absent from duty as law enforcement, entering places that can pollute the honor or dignity of civil servants, except for the sake of office, but violations are frequent delays often occur in the office of civil servants and absent without information on working hours Based on this background and the many issues concerning the discipline of civil servants. The authors formulate the problem of how the implementation of regulations under PP PNS Discipline 53 of 2010 on the Civil Service Police Unit in the city of Bogor, how sanctions applied against civil servants who do not obey the rules of discipline of civil servants, under PP 53 Year 2010 on the Civil Service Police Unit Bogor. Obstacles that arise in the implementation of the Disciplinary Code of civil servants under PP 53 Year 2010 on the Civil Service Police Unit Bogor. Research methods and approach used in the study was descriptive, with respect to the subject matter to be discussed is associated with the practice in the field in order to solve a problem by collecting and analyzing the data. The results of the field which penlis get is that the Civil Service Police Unit Bogor has been carried out since the PP is applied, until now, only one case relating to violations of discipline that PNS. In connection with the sanction given by the Civil Service Police Unit Bogor related violations by PNS \ PP 53 in 2010. While the constraints on the field in the context of the discipline of civil servants within the scope of the Civil Service Police Unit Bogor authors see it because it is influenced by several factors, such as lack of infrastructure, lack of awareness of the civil servants concerned, the lack of device and the rules of discipline and lack of guidance that is given by the Civil Service Police Unit Bogor. Keywords: Dicipline, Development, Work

scholarly journals Ultimum Remedium in Law Enforcement of Large-Scale Social Restrictions in Indonesia during the Covid-19 Pandemic

2021 ◽  
Vol 2 (2) ◽  
pp. 91-98
Author(s):  
Imam Pratama Rifky
Keyword(s):  
Qualitative Research ◽  
Law Enforcement ◽  
Common Good ◽  
Large Scale ◽  
Criminal Sanctions ◽  
Study Results ◽  
New Variant ◽  
The World ◽  
The Common ◽  
The Government

The new variant of corona virus from Wuhan is indeed very infectious. The Covid-19 has shocked the world because it is so deadly and takes many lives. So this has a significant impact on each country. Indonesia, to tackle the spread of this virus, has also implemented several ways, namely by encouraging people to live clean and healthy lives, implementing the 5M (Wearing masks, Washing hands, Keeping a distance, Staying away from crowds, Limiting mobilisation and interaction) and imposing restrictions. The government's efforts are solely for the common good. However, it is undeniable the large-scale social restrictions or Pembatasan Sosial Berskala Besar (PSBB) implementation also has an unfavourable impact on the community because their movement is restricted. This indirectly also harms the people's economic movement. So there are still some people who violate this PSBB rule. This study was conducted to determine whether the ultimum remedium is applied in law enforcement for PSBB violations. The research will use qualitative research by collecting data and news analyzation. The study results show that the government applies criminal sanctions and fines as an alternative to deter people.

scholarly journals PEMBUBARAN ORMAS “RADIKAL” DALAM PERSEPEKTIF PERUNDANG-UNDANGAN (Kajian Khusus Perppu No. 02 Tahun 2017)

Nuansa ◽  
2017 ◽  
Vol 10 (2) ◽  
Author(s):  
Imam Mahdi
Keyword(s):  
Law Enforcement ◽  
Government Regulation ◽  
Community Organizations ◽  
The State ◽  
Public Organization ◽  
Legal Action ◽  
Legal Basis ◽  
Pros And Cons ◽  
The Republic ◽  
The Government

The Government Regulation on Law Enforcement (Perppu), has the same  legal force as the law, but is tem- porary because it must  obtain approval by the Parliament. Exit of Perppu No. 2 Year 2017 on Amendment to Law no. 17Year 2003 on Public  Organization. The legal basis  of the President to issue  the Perppu is stipulated in Article 22 of the1945 Constitution of the Republic of Indonesia, essentially the Perppu is issued because of the urgency of the matter, meaning that  if not issued by the Perppu, the government can not take legal action for the interest of the State. In fact, this Perppu is used to dissolve community organizations, especially Hizbur Tahrir Indonesia (HTI) which is considered by the government to deviate from Pancasila ideology and endanger the integrity of NKRI. As a result, there are pros and cons against Perppu No. 2 Year 2017. .

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