scholarly journals PERUBAHAN SISTEM PEMILIHAN KEPALA DAERAH DALAM DINAMIKA PELAKSANAAN DEMOKRASI

2014 ◽  
Vol 3 (1) ◽  
pp. 113
Author(s):  
M. Lutfi Chakim
Keyword(s):  
Local Government ◽  
House Of Representatives ◽  
Legal Research ◽  
Colonial Era ◽  
The People ◽  
Election System ◽  
History Of ◽  
The Republic ◽  
The Government ◽  
Method Approach

Pemilihan kepala daerah (pilkada) secara langsung adalah suatu mekanisme yang berfungsi sebagai pelaksanaan demokrasi. Namun, dalam perjalanannya muncul ketidakpuasan berbagai pihak untuk tidak lagi menggunakan sistem pemilihan gubernur secara langsung. Hal itulah yang menjadi dasar bagi Pemerintah untuk mengusulkan sistem pemilihan gubernur oleh Dewan Perwakilan Rakyat Daerah (DPRD) melalui Rancangan Undang-undang tentang Pemilihan Kepala Daerah (RUU Pilkada). Usulan perubahan sistem tersebut merupakan topik yang sangat serius, karena berpotensi mengingkari kedaulatan rakyat yang dijamin dalam UUD 1945. Dengan menggunakan metode penelitian yuridis normatif, dapat disimpulkan bahwa, pertama , pemilihan secara langsung merupakan satu-satunya cara yang paling efektif untuk memaknai frasa ”dipilih secara demokratis” sebagaimana dimuat dalam Pasal 18 ayat (4) UUD 1945. Kedua , sejarah pemilihan kepala daerah ditandai dengan diberlakukannya berbagai peraturan perundang-undangan terkait dengan pemerintahan daerah mulai sejak masa kolonial hingga reformasi. Ketiga , sistem pemilihan gubernur secara perwakilan oleh DPRD merupakan kemunduran bagi demokrasi. Oleh karena itu, pemerintah perlu mengambil pelajaran dari sejarah sistem pemilihan kepala daerah. Setelah itu, diharapkan pemerintah dapat meninjau kembali kebijakannya tentang sistem pemilihan kepala daerah oleh DPRD yang tertuang dalam RUU Pilkada.<p>Local government election directly is a mechanism of democracy implementation. However, it doesn’t work as expectation while disappointing parties urge to not use governor election system directly anymore. That’s the basis for the Government to propose Governor election system by House of representatives through Draft Law About the local government elections. The proposal to change the system of the local government elections is a very serious topic, because it has to deny the sovereignty of the people in the Republic of Indonesia’s 1945 Constitution potentially. Using normative legal research method approach, it could be concluded that, first, government election directly is the most effective way to interpretate the phrase ”democratically elected” as mentioned in article 18 verse (4) of the Republic of Indonesia’s 1945 Constitution. Second, the history of local government elections marked by the enactment of various regulations on Local Government since the colonial era to the reform. Third, the Governor election system by House of representatives is a setback for democracy. Therefore, the Government needs to learn from the history of local government election. After all, the government expected to review its policy about local government election system by House of representatives in draft Law About the local government elections.</p>

scholarly journals Perjanjian Jaminan Fidusia Kaitan dengan Penyidikan Tindak Pidana Perlindungan Konsumen

2019 ◽  
Vol 1 (2) ◽  
pp. 157-166
Author(s):  
Iskandar Muda Sipayung ◽  
Tan Kamello ◽  
Marlina Marlina ◽  
Arie Kartika
Keyword(s):  
Consumer Protection ◽  
House Of Representatives ◽  
Criminal Investigation ◽  
Legal Certainty ◽  
Legal Research ◽  
Consumer Protection Act ◽  
Approach Method ◽  
The Republic ◽  
The Government ◽  
The Relationship

This research is normative legal research, an explanatory descriptive nature that aims to describe, disclose and explain the relationship between the non-criminal investigation of consumer protection with consumer guarantee agreements. The analysis is carried out using a juridical approach method which is then synchronized vertically or horizontally to related laws to see the existence of harmonization and certainty in the existing legal system. To further sharpen the results of the study also carried out an analysis of the effectiveness of the case. The results of the study provide an illustration that the Fiduciary Security Act has a problem in Article 15 regarding the provisions of the procedure for execution that is contrary to the HIR / RBg. Likewise, between Article 54 paragraph (3) and Article 56 paragraph (2) of the Consumer Protection Act, an inconsistency occurs in its application and implementation. With respect to agreements containing standard clauses, business actors and / or their management can be criminalized, in accordance with Article 18 in conjunction with Article 62 of the Consumer Protection Act. It is recommended that the Government and the House of Representatives of the Republic of Indonesia be able to revise these articles in order to realize legal certainty for all parties.

scholarly journals The Development of Village Authority in the History of the State of the Republic of Indonesia (Study on Village Level Autonomy)

2021 ◽  
Vol 04 (06) ◽  
Author(s):  
Maurice Rogers ◽  
Keyword(s):  
House Of Representatives ◽  
Secondary Data ◽  
The Political ◽  
Government Regulations ◽  
History Of ◽  
Special Concern ◽  
The Republic ◽  
The Government ◽  
Village Government ◽  
The Village

This study examines the development of village authority arrangements, since the independent Republic of Indonesia until the issuance of Law Number 6 of 2014 concerning Villages and Implementing Government Regulations. The purpose of this study is to understand the legal basis of village authority in Indonesia after the independence of the Republic of Indonesia until the issuance of Law Number 6 of 2014 concerning Villages and to find out the development of the political direction of the government's law regarding village regulations related to the authority of the village government. The research method uses the type of research that researchers use is normative legal research. Obtaining data from library materials or secondary data, then the technique of collecting data or legal materials in this research is carried out by literature/documentation studies. This research uses a statute approach and a historical approach, which is carried out to track the history of legal institutions from time to time. This research produces an overview of the journey of regulating village authority, the ups and downs of village authority can be seen from the successive Laws of Regional and Village Governments, relating to the existence of village governments within the framework of the Unitary State of the Republic of Indonesia. The conclusions that can be drawn from this research are regarding. These include: The existence of ups and downs regarding the regulation of village authority, both at the level of law and at the level of government regulations, the existence of the political will of the government to restore the existence of the village, which actually existed before the birth of the Republic of Indonesia, as well as the growing recognition of village autonomy and Traditional villages are of special concern to legislators (the President and the House of Representatives).

scholarly journals Election violation and election law enforcement in general election in Indonesia

2019 ◽  
Vol 4 (1) ◽  
pp. 25-34
Author(s):  
Syailendra Anantya Prawira
Keyword(s):  
Law Enforcement ◽  
Research Methods ◽  
General Election ◽  
Political Rights ◽  
Election Law ◽  
Legal Research ◽  
The People ◽  
General Elections ◽  
The Republic ◽  
The Government

General Elections are the embodiments of the mandate stipulated in the 1945 Constitution of the Republic of Indonesia Article 1 paragraph (2) which affirms that "sovereignty is in the hands of the people and carried out according to the Constitution". The Formulation Document that will be formulated in the research are: (1) What is the violation in the general election? And (2) What is law enforcement in general election. The method used in this study is normative legal research, normative legal research methods or library law research methods are methods or procedures that are used in legal research by examining existing library material. Election violations constitute acts prohibited by the Election Law against election organizers resulting in the imposition of sanctions for violations. The enactment of Law Number 7 Year 2017 on General Elections provides for different types of violations, disputes, criminal offenses and electoral disputes. The crime of elections is a criminal offense punishable by a particular punishment based on the criminal justice system. The purpose of election is to carry out popular sovereignty and the realization of the political rights of the people to produce leaders who will occupy important positions in the government.

scholarly journals The Double-entry Bookkeeping Committee of 1914 and the Brazilian Public Accounting System

2014 ◽  
Vol 25 (spe) ◽  
pp. 321-333
Author(s):  
Tiago Villac Adde ◽  
Sérgio de Iudícibus ◽  
Álvaro Augusto Ricardino Filho ◽  
Eliseu Martins
Keyword(s):  
Financial Accounting ◽  
Accounting System ◽  
Public Accounting ◽  
Colonial Era ◽  
Creditor Bank ◽  
History Of ◽  
The Creation ◽  
The Republic ◽  
The Government ◽  
Double Entry

The history of Brazilian accounting has not been explored at length. Through a historical survey, this article presents the history of the Double-entry Bookkeeping Committee of 1914. After the Proclamation of the Republic was announced in 1889, the government started to expand its administrative bodies, necessitating the introduction of a bureaucracy able to perform new functions. In the same period, Brazil experienced a strong economic development with the development of its coffee industry. In 1905, under the leadership of Carlos de Carvalho, São Paulo State Treasury bookkeeping tasks were introduced under a double-entry bookkeeping system and through accrual and financial accounting. Double-entry bookkeeping practices in the federal public accounting system, although enshrined in law since 1808, were only fully realized after the creation of the Double-entry Bookkeeping Committee in 1914. In that same year, due to the negotiation of a second funding loan, English creditor bank auditors requested a balance of the National Treasury from the Minister of Finance Rivadávia Corrêa. Because the balance had not been prepared in eight years, the Double-entry Bookkeeping Committee was established in June of 1914, and this body completed a technical audit of Revenues and Expenditures. The committee also conducted the state administration's first Asset and Liability audit since the colonial era. The Double-entry Bookkeeping Committee of 1914 spearheaded changes to the Brazilian public accounting system, including the creation of the Public Accounting Code in 1922 and the approval of Central Accounting Office of the Republic regulation in 1924, strengthening and ascribing perpetuity to practices adopted after 1914.

scholarly journals Legal Implications of the Norms Conflict in the Governance Regulation of the Water Resources

2020 ◽  
Vol 9 (1) ◽  
pp. 17-23
Author(s):  
Indro Budiono ◽  
Moch. Bakri ◽  
Moh. Fadli ◽  
Imam Koeswahyono
Keyword(s):  
Water Resources ◽  
Public Interest ◽  
The State ◽  
Legal Research ◽  
Conceptual Approach ◽  
Colonial Era ◽  
The Public ◽  
The People ◽  
Legal Implications ◽  
The Republic

AbstractArrangements for water resources or irrigation governance designs from the colonial era to the reform order always cause controversies and problems. In physiological issues, there is not known change in the meaning of water as a public good being a private good. Theoretical problems, the basis for the design of the theory of management of chaotic water resources is in line with the existence of Law No. 17 of 2019 concerning water resources. The purpose of this study is to analyze and find the implications of norm conflicts in water resources governance arrangements, both vertically between Law No. 17 of 2019 on Water Resources with Article 33 (2) and (3) with the 1945 NRI Law, and horizontally with RI Law Number 5 of 1960 concerning Basic Regulations on Agrarian Principles. This research uses normative legal research methods with various approaches, including the statute approach, historical approach and conceptual approach. The analytic part of this research is using an investigation strategy. The results showed that the article in Law No. 17 of 2019 proves that the production branches that are important for the State that control the public interest can not be controlled by the State, therefore the article in Law No. 17 Hold 2019 is contrary to Article 33 paragraph (2) and (3) of the 1945 Constitution of the Republic of Indonesia cause that water is a State asset and national assets cannot be used so much for the prosperity of the people, therefore article 46 paragraph (1), Article 47, Article 48, Article 49, Article 51, Article 52 Law No.17 of 2019 is contrary to Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia.

scholarly journals “HEARING THE PEOPLE ON THE STREET” TESTING THE EXTENT OF PUBLIC PARTICIPATION IN DURBAN’S STREETRENAMING PROCESS Democratic Alliance v eThekwini Municipality [2012] 1 All SA 412 (SCA); 2012 (2) SA 151 (SCA)

Obiter ◽  
2021 ◽  
Vol 34 (2) ◽  
Author(s):  
Vishal Surbun
Keyword(s):  
Local Government ◽  
Public Participation ◽  
Audience Response ◽  
Public Response ◽  
The Public ◽  
The People ◽  
The Supreme Court ◽  
History Of ◽  
The Republic ◽  
Media Reports

Section 152(1)(e) of the Constitution of the Republic of South Africa, 1996, provides that one of the objectives of local government is “to encourage the involvement of communities and community organizations in local government”. This objective is further entrenched in section 16 of the Municipal Systems Act 32 of 2000, which requires that municipalities must develop a culture of participation by the community, and create mechanisms, processes and procedures accordingly. These obligations gave rise to a number of interesting questions. One of these is whether the local sphere of government is obliged to facilitate public participation in its legislative andexecutive functions. This issue was considered by the Supreme Court of Appeal (SCA) in Democratic Alliance v eThekwini Municipality (2012 (2) SA 151 (SCA)). In this case, the SCA had to decide whether two decisions taken by the eThekwini Municipality to rename certain streets in Durban were, first, lawful and second, rational. Before turning to consider the facts of this case, however, it is important to note that the renaming of streets figures prominently in periods of regime change and revolutionary transformations.The process of street renaming in Durban prompted a large public response locally. The local newspaper, The Mercury, published a series of media reports and letters from the public on the renaming process. A researcher who interviewed its journalists, established that the changing of street names resulted in the biggest audience response ever experienced in the more than 150-year history of the newspaper.

scholarly journals Implementasi Fungsi Pengawasan DPD RI terhadap Pelaksanaan Otonomi Daerah di Provinsi Bali

2020 ◽  
Vol 1 (2) ◽  
pp. 352-357
Author(s):  
I Kadek Arimbawa ◽  
Ida Ayu Putu Widiati ◽  
A.A Sagung Laksmi Dewi
Keyword(s):  
House Of Representatives ◽  
Central Government ◽  
Regional Government ◽  
Legal Research ◽  
Regional Autonomy ◽  
State Institutions ◽  
Function Mechanism ◽  
The People ◽  
The Republic

The Regional Representative Council (hereafter called DPD) is one of the top state institutions that is directly elected in the General Election. In general, the members of the Regional Representative Council of the Republic of Indonesia (hereafter called DPD RI) are tasked with bringing up the interests and aspirations of the people in the regions to the central government as well as having the authority to carry out supervision in the regions. Supervision in question is the supervision of the implementation of laws, and the results of DPD supervision are submitted to the House of Representatives (hereafter called DPR) as a material for consideration for follow-up. Based on this background, this research was conducted with the aim of describing how DPD RI's supervisory function mechanism on the implementation of regional autonomy in Bali Province and what obstacles DPD RI faces in supervising regional autonomy in Bali Province. This research was conducted using a normative legal research method with a statutory approach. The results of this study showed that DPD RI oversight function is implemented with three mechanisms, namely the absorption of aspirations in the community, conveying aspirations through the preparation of reports and problem inventory lists, and submission of the results of supervision to DPR. While the obstacles faced by DPD RI in supervising regional autonomy in Bali Province are the weak authority of DPD RI compared to its legitimacy, the cooperation pattern between DPD and related regional government agencies that has not been clearly regulated, and the lack of support and community participation for participate in supervising after the enactment of a law.

scholarly journals Maladministrasi Birokrasi di Indonesia Dalam Perspektif Sejarah

Jurnal Niara ◽  
2020 ◽  
Vol 13 (1) ◽  
pp. 145-154
Author(s):  
Rodi Wahyudi
Keyword(s):  
Public Services ◽  
New Order ◽  
Employee Morale ◽  
Reform Era ◽  
Colonial Era ◽  
The People ◽  
History Of ◽  
Japanese Colonial ◽  
The Government ◽  
The Times

               Understanding the rational mindset, employee morale and governance behavior can be known through the historical roots of a nation. Their grip on administrative ethics and adherence to the code of public service ethics can be used as indicators of quality of service to the community. This paper aims to discuss the bureaucratic maladministration behavior in Indonesia in the historical approach. Analysis of scientific sources relating to history is the main method used in this paper. Researchers divided the history of bureaucratic maladministration into five epochs, namely the pre-colonial era, the Dutch colonial era, the Japanese colonial era, the Old Order era, the New Order era and the post-reform era. The results of the analysis of this study indicate that public administrators are more focused on serving the interests of the authorities rather than serving the people. The term bureaucracy used has indeed changed with the times, bureaucracy of priyayi and servants, bureaucracy of civil service, modern bureaucracy, but their behavior still serves the ruling regime. Even though post-reformation, there has been a change in legislation relating to public services, but at the level of bureaucratic maladministration behavior, it has still failed to overcome. Preventing bureaucratic maladministration behavior through planting and practicing religious teachings and social norms is a solution that can be done by the government so that the ideals of bureaucratic reform can be realized.   Keywords: maladministration, bureaucracy, administration, public services.

scholarly journals Peran Farid Husain dalam Perdamaian Aceh

2020 ◽  
Vol 2 (1) ◽  
pp. 28-44
Author(s):  
Rahmad Syah Putra
Keyword(s):  
Data Collection ◽  
Crisis Management ◽  
Peace Process ◽  
Vice President ◽  
The People ◽  
History Of ◽  
The Republic ◽  
The Government ◽  
Supply Information

This study concerns the process of resolving the Aceh’s conflict and the role of one of the leaders in Aceh's peace, Farid Husain. The purpose of this study is to examine and to discuss the history of the resolution of the Aceh’s conflict, and the role of Farid Husain in Aceh peace In collecting the data, this study uses historical and descriptive analytical methods. The method of data collection is through three methods, namely observation, interview and documentation study. The results showed that during the conflict in Aceh, very much effort was made by the Government of the Republic of Indonesia to resolve the Aceh’s conflict, starting from the reigns of President Soekarno, Suharto, BJ, Habibie, Abdurrahman Wahid, Megawati Soekarno Putri, to President Susilo Bambang Yudhoyono's Government and Vice President M. Jusuf Kalla who became the solution to the peaceful conflict in Aceh through intensive direct dialogue between facilitated by the Crisis Management Initiative (CMI). Farid Husain was one of the people involved in the Aceh peace process who played a role in opening communication with GAM leaders and working behind the scenes to supply information about Aceh and GAM in the interests of the Indonesian peace team in resolving the Aceh conflict through peaceful means. The results of the study also found that the Aceh peace process was collectively carried out by various parties, not involving one actor, one of which was Farid Husain who played the role of To See The Actor, also involving various other figures including the Acehnese leaders themselves.

The Legal Status of Local Government in South Africa under the New Constitutional Dispensation

2018 ◽  
Vol 33 (2) ◽  
Author(s):  
Mbuzeni Mathenjwa
Keyword(s):  
South Africa ◽  
Local Government ◽  
Legal Status ◽  
Case Law ◽  
The Status ◽  
History Of ◽  
The Republic ◽  
First Time

The history of local government in South Africa dates back to a time during the formation of the Union of South Africa in 1910. With regard to the status of local government, the Union of South Africa Act placed local government under the jurisdiction of the provinces. The status of local government was not changed by the formation of the Republic of South Africa in 1961 because local government was placed under the further jurisdiction of the provinces. Local government was enshrined in the Constitution of the Republic of South Africa arguably for the first time in 1993. Under the interim Constitution local government was rendered autonomous and empowered to regulate its affairs. Local government was further enshrined in the final Constitution of 1996, which commenced on 4 February 1997. The Constitution refers to local government together with the national and provincial governments as spheres of government which are distinctive, interdependent and interrelated. This article discusses the autonomy of local government under the 1996 Constitution. This it does by analysing case law on the evolution of the status of local government. The discussion on the powers and functions of local government explains the scheme by which government powers are allocated, where the 1996 Constitution distributes powers to the different spheres of government. Finally, a conclusion is drawn on the legal status of local government within the new constitutional dispensation.

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