scholarly journals ARRANGEMENT OF AUTHORITIES AND MECHANISM FOR CANCELLATION OF VILLAGE REGULATIONS IN THE FRAMEWORK OF VILLAGE AUTONOMY IN INDONESIA

2021 ◽  
Vol 7 (1) ◽  
pp. 82
Author(s):  
Eddy Asnawi ◽  
Yasrif Yakub Tambusai ◽  
Andrew Shandy Utama
Keyword(s):  
Public Interest ◽  
Government Regulation ◽  
Legal Research ◽  
The Public ◽  
Article 9 ◽  
Consultative Body ◽  
Sense Of Justice ◽  
The Village ◽  
Laws And Regulations

Village regulations are statutory regulations established by the village headman after being discussed and agreed with the Village Consultative Body. This study aims to explain the arrangement of authority and the mechanism for canceling village regulations within the framework of village autonomy in Indonesia. The method used in this research is normative legal research, using a statutory approach. Law Number 6 of 2014 concerning Villages regulates the formation of village regulations, but does not regulate the cancellation of village regulations. The cancellation of village regulations is instead regulated in Article 87 of Government Regulation Number 43 of 2014 concerning Implementing Regulations of Law Number 6 of 2014 concerning Villages, which states that village regulations and village head regulations are contrary to the public interest and/or the provisions of laws and regulations that higher is canceled by the regent/mayor. This provision is contrary to Article 9 paragraph (2) of Law Number 12 of 2011 concerning the Establishment of Legislation and is not in accordance with the village autonomy framework as regulated in Law Number 6 of 2014 concerning Villages. The mechanism for canceling village regulations should be carried out through an expanded Village Consultative Body meeting because it is considered to have a sense of justice and the spirit of democracy and is a form of implementation of village autonomy.

scholarly journals PENGUJIAN PERATURAN DESA MENURUT UNDANG-UNDANG NOMOR 6 TAHUN 2014 TENTANG DESA

2019 ◽  
Vol 10 (2) ◽  
pp. 165
Author(s):  
Idea Islami Parasatya ◽  
Tin Yuliani
Keyword(s):  
Public Interest ◽  
Policy Framework ◽  
The Public ◽  
Village Governance ◽  
Village Communities ◽  
The Right ◽  
Consultative Body ◽  
The Village ◽  
Laws And Regulations

Law number 6 of 2014 concerning Villages recognizes the existence of villages and village autonomy, including adat villages as a legal community unit that has territorial boundaries. According to Law number 6 of 2014, village regulations determined by the Village Head after being discussed and agreed with the Village Consultative Body constitute the legal and policy framework in the administration of village governance and village development. The determination of village regulations is a translation of various authorities owned by the Village, referring to the provisions of the higher laws and regulations. As a legal product, village regulations must not conflict with higher regulations and must not harm the public interest. As a political product, village regulations processed democratically, and in a participatory manner, the drafting process involves the participation of village communities. Village communities have the right to propose or provide input to the Village Head and the Village Consultative Body in the process of drafting village regulations.Keywords: supervision of village regulations, village autonomy, village regulations ABSTRAKUndang-Undang nomor 6 tahun 2014 tentang Desa mengakui keberadaan desa dan otonomi desa termasuk desa adat sebagai kesatuan masyarakat hukum yang memiliki batas wilayah. Menurut Undang-Undang nomor 6 tahun 2014, peraturan desa ditetapkan oleh Kepala Desa setelah dibahas dan disepakati bersama Badan Permusyawaratan Desa merupakan kerangka hukum dan kebijakan dalam penyelenggaraan pemerintahan desa dan pembangunan desa. Penetapan peraturan desa merupakan penjabaran atas berbagai kewenangan yang dimilki Desa mengacu pada ketentuan peraturan perundang-undangan yang lebih tinggi. Sebagai sebuah produk hukum, peraturan desa tidak boleh bertentangan dengan peraturan yang lebih tinggi dan tidak boleh merugikan kepentingan umum. Sebagai sebuah produk politik, peraturan desa diproses secara demokratis dan partisipatif, yakni proses penyusunannya mengikutsertakan partisipasi masyarakat desa. Masyarakat desa mempunyai hak untuk mengusulkan atau memberikan masukan kepada Kepala Desa dan Badan Permusyawaratan Desa dalam proses penyusunan peraturan desa.Kata kunci: desa, peraturan desa, pengawasan peraturan desa, otonomi desa

Tanggung Jawab Hukum Penilai Publik terhadap Laporan Penilaian Kegiatan Pengadaan Tanah bagi Pembangunan untuk Kepentingan Umum (Studi Atas Kantor Jasa Penilai Publik Toto Suharto)

2020 ◽  
Vol 2 (1) ◽  
Author(s):  
Gagah Yaumiyya Riyoprakoso ◽  
AM Hasan Ali ◽  
Fitriyani Zein
Keyword(s):  
Future Development ◽  
Public Interest ◽  
Legal Responsibility ◽  
Legal Research ◽  
The Public ◽  
The Government ◽  
Conducting Research ◽  
The Right ◽  
The Relationship ◽  
Systematic Explanation

This study is based on the legal responsibility of the assessment of public appraisal reports they make in land procurement activities for development in the public interest. Public assessment is obliged to always be accountable for their assessment. The type of research found in this thesis is a type of normative legal research with the right-hand of the statue approach and case approach. Normative legal research is a study that provides systematic explanation of rules governing a certain legal category, analyzing the relationship between regulations explaining areas of difficulty and possibly predicting future development. . After conducting research, researchers found that one of the causes that made the dispute was a lack of communication conducted between the Government and the landlord. In deliberation which should be the place where the parties find the meeting point between the parties on the magnitude of the damages that will be given, in the field is often used only for the delivery of the assessment of the compensation that has been done.

scholarly journals PENERAPAN KODE ETIK NOTARIS DALAM PEMBUATAN AKTA PEMBAGIAN WARIS NO 31 MENURUT UUJN NO 2 TAHUN 2014

2018 ◽  
Vol 1 (1) ◽  
pp. 1859
Author(s):  
Yoki Kurniawan ◽  
Hanafi Tanawijaya
Keyword(s):  
Public Interest ◽  
Research Method ◽  
Code Of Ethics ◽  
Supervisory Board ◽  
The State ◽  
The Public ◽  
The Law ◽  
Laws And Regulations

Notary is a position or ordinary we call as general officials appointed by the State and work to serve the public interest. Not only that, a notary also in carrying out its duties and authority must comply fully with the prevailing laws and regulations in Indonesia. Each position certainly has an ethics in the profession which is called a code of ethics, as well as a notary who has a code of ethics in his profession. But out there masi no notaries who violate the code of ethics as mentioned in the law, In accordance with the title of the author of the adopted method of research used is the normative research method supported by interviews that are expected to help answer the problems of this study. The authors conducted interviews with the supervisory board, notaries, and legal experts. In this case the notary has been declared guilty by the Regional Supervisory Board (MPD) and will proceed the case to the level of sanction by the Regional Supervisory Board (MPW) and after receiving the sanction it will proceed to the next level of Central Assembly (MPP) to be sanctioned which has been granted by the level of the Regional Supervisory Board (MPW).

Gambling control regimes

2018 ◽  
pp. 139-158
Author(s):  
Pekka Sulkunen ◽  
Thomas F. Babor ◽  
Jenny Cisneros Örnberg ◽  
Michael Egerer ◽  
Matilda Hellman ◽  
...  
Keyword(s):  
Public Policy ◽  
Consumer Protection ◽  
Public Interest ◽  
Government Regulation ◽  
Public And Private ◽  
Control Structures ◽  
The Public ◽  
Gambling Regulation ◽  
Pros And Cons ◽  
Private Actors

This chapter explores gambling regulation regimes, looking at the different control structures used, and their effectiveness in serving the public interest. Gambling has always been regulated by public policy, and in whichever way the industry is developing, government regulation is always involved. Regimes of gambling regulation involve both public and private actors and institutions. Public monopolies may be stronger in the area of consumer protection than restrictive licensing, associations-based operations or competitive markets. In considering the choice of regulation regime, policymakers would be well advised not to weigh the pros and cons or the costs and benefits of legal gambling in itself but to consider whether it is the best way to achieve the public interest goals compared to the alternatives.

On the Profitability of Corporate Environmentalism

2013 ◽  
pp. 558-584 ◽  
Author(s):  
Thomas P. Lyon ◽  
John Maxwell
Keyword(s):  
Environmental Management ◽  
Civil Society ◽  
Empirical Evidence ◽  
Public Interest ◽  
Government Regulation ◽  
Corporate Strategy ◽  
Market Forces ◽  
Corporate Environmentalism ◽  
The Public ◽  
Private Politics

Corporations often take environmentally friendly actions that go beyond what is required by law. Whether such corporate environmentalism is a profitable form of corporate strategy, or altruism in the form of a sacrifice of profits in the public interest, has been hotly debated. This chapter offers a theoretical framework for understanding when proactive environmental management is profitable, incorporating market forces, government regulation, and pressures from civil society, sometimes referred to as private politics. It then reviews, summarizes and critiques the empirical evidence relating corporate profitability to corporate environmentalism and identifying specific sources of “green” profits. It concludes with perspectives on the most valuable lessons for managers and the most promising areas for further scholarly research.

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 PENCATATAN PERKAWINAN YANG SAH MENURUT HUKUM PERDATA YANG BERLANDASAKAN UNDANG-UNDANG TENTANG PERKAWINAN

2021 ◽  
Vol 3 (1) ◽  
pp. 32-42
Author(s):  
Prima Resi Putri
Keyword(s):  
Research Method ◽  
Government Regulation ◽  
Legal Research ◽  
Social Event ◽  
The Law ◽  
Laws And Regulations

Law Number 1 of 1974 concerning Marriage has regulated the registration of marriages, detailed in Article 2 of Law Number 1 of 1974. Provisions regarding this registration are further regulated in detail in Government Regulation Number 9 of 1975 as a regulation for implementing Law Law No. 1/1974. Registration of marriages of those who are Muslim is carried out by Registrar as interpreted in Law Number 32 of 1954. The fact is that in the midst of the community many people still do not register their marriages at the authorized institutions. Resulting in unfavorable consequences for women or the wife and children born. The research method used is normative juridical legal research. The registration of a marriage is intended as an authentic means of proof with the evidence that a marriage can be prevented or canceled. This painting is not a valid marriage or not a marriage that occurs is only for administrative order only. The law requires each marriage to be recorded according to the applicable laws and regulations which means that a marriage is an important social event, therefore it is necessary to be recorded in a record provided specifically for that and to make the event an clear events for the concerned person or others.

scholarly journals Implementasi Perjanjian Dana Bergulir Antara Badan Kerjasama Antar Desa Dengan Kelompok Masyarakat Gampong Di Pidie

2018 ◽  
Vol 1 (1) ◽  
pp. 266-286
Author(s):  
Yusriadi Yusriadi ◽  
Sri Walny Rahayu ◽  
Taqwaddin Taqwaddin
Keyword(s):  
Empirical Research ◽  
Operating Procedure ◽  
Government Regulation ◽  
Standard Operating Procedure ◽  
Civil Code ◽  
Legal Research ◽  
Community Groups ◽  
Standard Operating ◽  
The Village

Undang-Undang No 6 Tahun 2014 tentang Desa dan Peraturan Pemerintah nomor 43 tahun 2014 tentang Peraturan Pelaksanaan Undang-Undang nomor 6 Tahun 2014 tentang Desa, dimana kerjasama antar Desa dilaksanakan oleh Badan Kerjasama Antar Desa (BKAD) yang dibentuk melalui peraturan bersama antar kepala Desa melalui kesepakatan Musyawarah Antar Desa. BKAD bertanggung jawab untuk mengimplementasikan kerja sama Desa berdasarkan Peraturan Menteri Dalam Negeri nomor 38 tahun 2007 Tentang Kerjasama Desa dan di dalam Undang-Undang Desa dan BKAD tidak mengatur secara tegas tentang Perjanjian dikarenakan setiap melakukan kerjasama pihak BKAD harus membuat perjanjian untuk memikat antara pihak BKAD dengan kelompok masyarakat gampong di Pidie sebagaimana perjanjian diatur dalam Pasal 1313 Kitab Undang-Undang Hukum Perdata menyebutkan: “Suatu perjanjian adalah suatu perbuatan dengan mana satu orang atau lebih mengikatkan dirinya terhadap satu orang atau lebih. Tujuan penelitian untuk mengetahui implementasi perjanjian dana bergulir antara Badan Kerjasama Antar Desa (BKAD) dengan kelompok masyarakat dan untuk mengetahui hambatan yang ditemukan dalam implementasi perjanjian dana bergulir antara Badan Kerjasama Antar Desa (BKAD) kepada kelompok masyarakat. Metode penelitian yang digunakan adalah jenis penelitian hukum empiris (yuridis empiris) dengan mengunakan data primer, data sekunder dan tersier. Hasil penelitian bahwa pelaksanaan perjanjian dana bergulir sudah berjalan sesuai dengan mekanisme yang dituangkan dalam Standart Operasional Prosedur ( SOP) perguliran pola syari’ah dan menggunakan sistem murabahah yaitu akad jual beli barang dengan menyatakan harga perolehan dan keuntungan (margin) yang disepakati oleh penjual dan pembeli, hambatan yang terjadi disebabkan oleh gagalnya usaha, lambat lakunya produk usaha, tidak tepat dalam penggunaan dana untuk modal usaha, tidak jujurnya anggota dalam pengembalian utang jual beli.The Act Number 6, 2014 regarding Village. and Government Regulation number . 43, 2014 on the Implementation of Act number . 6, 2014 on Villages where inter-village cooperation is carried out by the Inter-Village Cooperation Agency (BKAD) established through a joint regulation between village heads through an Inter-Village Deliberative Assembly. BKAD is responsible for implementing the Village Cooperation based on the Minister of Home Affairs Regulation number. 38, 2007 on Village Cooperation and in Village Law and BKAD does not expressly stipulate the Agreement due to any cooperation the BKAD has to make an agreement to lure between the BKAD community groups in Pidie as arranged in Article 1313 the Civil Code states: "A covenant is an action by which one or more persons commit themselves to one or more persons. This research aims to know the agreement implementation of rotational budget between the inter-village cooperation board and people groups of village and to explore the obstacles faced in the implementation of the agreement implementation of rotational budget between the inter-village cooperation board and people groups of village. This is doctrinal legal research and juridical empirical research by applying primary, secondary and tertiary data.The research shows that the implementation of the agreement implementation of rotational budget has been going as demanded by the rules which are worded in the Standard Operating Procedure (SOP) the rotational pattern of Sharia and using murabahah principle that is the trading agreement by using the statement of basic prices and margin which is consented by both buyers and traders, the obstacles faced are enterprise’s’ failure, lack of products’ sale, inaccurate in using fund for capital of enterprise, lack of honesty of members in paying loan of trading.

scholarly journals Implementasi Penatausahaan, Pengelolaan, dan Pelaporan Alokasi Dana Desa Dalam Proses Pembangunan Desa Bimorejo Kecamatan Wongsorejo Kabupaten Banyuwangi Tahun 2015

2017 ◽  
Vol 4 (2) ◽  
pp. 153
Author(s):  
Maulita Sofie R ◽  
Rohman Effendi ◽  
Rohman Effendi ◽  
Djoko Supatmoko
Keyword(s):  
Public Funds ◽  
Implementation Phase ◽  
The Public ◽  
Implementation Team ◽  
Accountability System ◽  
Funds Allocation ◽  
The Government ◽  
Necessary Existence ◽  
Consultative Body ◽  
The Village

This study focuses on the application of accountability system, which is a form of responsibility over the management of public funds by the Government which was done starting from the planning stages, execution, implementation, and surveillance of the management of village Funds Allocation. This study was conducted because of the amount of the funds allocated for rural development as well as susceptible to fraud resulting from the lack of transparency of reporting to the public, as well as the performance of the implementation Team in the village of accountable reporting accountability that has not been in accordance with the applicable regulations. This study is expected to be beneficial to the Government of Banyuwangi Regency especially Rogojampi Sub-district in an attempt to improve the accountability of the management of the village Funds Allocation. This study was conducted in nine villages in Rogojampi sub-district. The Data collected by direct observation in the villages and with interviews with the parts of County, district monitoring teams, Treasurer of villages, village of Consultative Body Elements, as well as representatives of the villagers. This study shows that in the planning and the execution were in accordance with the applicable pr,ocedures and operations have been conducted in a transparent and accountable. For the surveillance phase is still not going well because of lack of transparency towards the public. As for the implementation phase also has not run properly due to human resources managing team in making the Administration report is still lacking, so the necessary existence of coaching and supervision over local government.

scholarly journals Kewenangan Aparat Kepolisian dalam Pengawalan Konvoi Kendaraan Bermotor Berukuran Besar di Jalan Raya

2020 ◽  
Vol 1 (2) ◽  
pp. 399-403
Author(s):  
I Made Adi Putra ◽  
I Nyoman Putu Budiartha ◽  
I Ketut Sukadana
Keyword(s):  
Public Interest ◽  
Legal Issues ◽  
Road Transportation ◽  
Legal Research ◽  
Traffic Signs ◽  
The Public ◽  
The Road ◽  
The Republic ◽  
On The Road ◽  
National Police

It is common for a large motorbike convoy to cause accidents, both between large motorbike riders and other vehicle riders. This is due to the fact that the speed of the large-sized motorbikes itself can be said to be quite fast, coupled with the behavior of some of these riders who sometimes like to run red lights and put aside the traffic signs, which often results in accidents. Based on this factual background, the legal issues examined in this study are: What is the authority of the police in escorting large motorbike convoys and what is the responsibility of the police in implementing the convoy when accident victims occur on the road. The type of research used in this research is normative legal research. The results of this research are that the authority of the police apparatus in providing escort for large motorbike convoys is the provision of Article 14 letters a and 18 paragraph (1) of Law no. 2 of 2002 concerning the National Police of the Republic of Indonesia and Article 12 letter e of Law No. 22 of 2009. These provisions basically constitute the authority of the police apparatus to carry out the regulation, guarding, escort and patrol of community and government activities as needed, and to give the authority to act according to their own judgment in the public interest. The responsibility of the police is to carry out the convoy in the event of a victim of an accident on the highway in order to maintain order and ensure security, safety, orderliness and smoothness of road transportation.

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