scholarly journals PRINSIP-PRINSIP NEGARA HUKUM DALAM AL-QURAN DAN AS-SUNAH DAN IMPLEMENTASINYA DI INDONESIA

2019 ◽  
Vol 2 (1) ◽  
Author(s):  
Siti Hamimah
Keyword(s):  
Logical Consequence ◽  
Civil Law ◽  
The State ◽  
The Body ◽  
Central Position ◽  
The People ◽  
The Law ◽  
The Republic ◽  
The Government

Abstract As known in the Republic of Indonesia, which is the basis of its legal life is Pancasila, both as outlined in the preamble nor the body of the Constitution of 1945. And therefore the whole law dibujo by the state or government in the broadest sense, is not permitted contrary to God's law, even more so, any order made law, must berksaran above and diktunjukan for the implementation of the law of God. It en el mar as a logical consequence than the precepts on God in Pancasila, which is legally binding, to the people and the government to put it into practice. Inside the Pancasila enviar, religion has a central position. In it, embodied the principle that puts religion and to the Lordship of the Almighty in a position first and foremost. Therefore, it can not not, religion, also, must, admittedly, has a position, which is important, main, deep, effort, reform, law, criminal, national. Therefore, the authors are interested, write to, approach, law, Islam, about, practice, constitutional, that is, Indonesia, by referring, on the principles, contained in the Qur'an and the Sunnah of the ProphetKeywords : Prinsiple, Pancasila, civil law

scholarly journals ANALISIS PENYELESIAN SENGKETA INTERNAL LEMBAGA NEGARA (STUDI KASUS PELANTIKAN PIMPINAN DEWAN PERWAKILAN DAERAH REPUBLIK INDONESIA PERIODE 2017-2019)

2018 ◽  
Vol 1 (1) ◽  
pp. 364
Author(s):  
Yanzah Bagas Nugraha ◽  
Dwi Andayani Budisetyowati
Keyword(s):  
Supreme Court ◽  
State Institution ◽  
The State ◽  
The Body ◽  
Internal Conflict ◽  
Constitutional Court ◽  
Leadership Tenure ◽  
The People ◽  
The Supreme Court ◽  
The Republic

The establishment of the Regional Representative Council of the Republic of Indonesia so called Dewan Perwakilan Daerah (DPD-RI) at least has two objectives. The first is to enhance justice for the people in the region. Secondly, to expanding and increasing the participation of local communities in national life. The process to form this state institution is done by amending the 3rd amendment of the 1945 Constitution of the Republic Indonesia. However, in doing that  amendment there was an internal conflict within the body of DPD-RI involving the old and the new leaders of this institution last year. The length of leadership tenure which was initially made 5 years was amended to became 2.5 years. The different length of leadership tenure was then canceled by the Supreme Court and it was decided to be the same as other institution such as The People’s Consultative Assembly and The House of Representative in that the leadership tenure should be in accordance with the electoral cycle of 5 years. However, although the regulation of DPD-RI has been canceled, the Supreme Court keeps sending its representative to guide the oath of position of the new DPD-RI leadership. The only regulation that has been introduced by the state was regulation toward conflict between state institutions and this conflict can merely be resolved by the Constitutional Court. Therefore, there is an urgent need for the state to seek solution to solve this problem to prevent the same thing happened to other state institution in the future.

scholarly journals CIVIL SOCIETY DI INDONESIA: SUATU KONSEKUENSI LOGIS TERWUJUDNYA GOOD GOVERNANCE

2021 ◽  
Vol 3 (4) ◽  
pp. 90-96
Author(s):  
Adriani Adnani
Keyword(s):  
Civil Society ◽  
State Government ◽  
Good Governance ◽  
Logical Consequence ◽  
The State ◽  
The People ◽  
Narrow View ◽  
Government Bureaucracy ◽  
The Government ◽  
Community Cooperation

Civil society is one of the three important sectors of society, along with government and business. Civil society is one of the important elements of the democratization process in Indonesia. In accordance with the problems formulated above, the purposes of this discussion are to find out the description of civil society in Indonesia, and to find out efforts to strengthen civil society as a logical consequence of the realization of Good Governance in Indonesia. The development of civil society involves all aspects and dimensions of life. Therefore, efforts and commitment are needed to strengthen the community. Cooperation is needed because no party, organization, institution or anything even the government can carry it out alone. The relationship between civil society and good governance is symmetrical between the two. This is because the two concepts were born from the concept of democracy that upholds the values of justice, freedom, individual and group rights. Furthermore, democracy requires the state in carrying out its activities to be open to the public. Strengthening civil society in the flow of democracy must be realized as an absolute necessity for the implementation of a 'strong' and 'clean' government. The weakness of civil society in Indonesia is marked by widespread rejections of state/government policies by the people and these rejections have not received a meaningful response from the state/government. In the process of determining policies, the government bureaucracy still feels that citizens are used as objects of policy. This kind of narrow view will make the government anti-suggestions from citizens in determining policies.

Growth of American Theories of Popular Government

1907 ◽  
Vol 1 (4) ◽  
pp. 531-560 ◽  
Author(s):  
Albert Bushnell Hart
Keyword(s):  
Middle Ages ◽  
The State ◽  
Point Of View ◽  
The Body ◽  
Political Ethics ◽  
Creative Mind ◽  
The People ◽  
Popular Government ◽  
The Government ◽  
French Nation

Next to the conception of a visible church, no abstraction has had such an effect upon the minds of men as the idea of the State as an organization. The Roman Imperium has been a regnant principle in Europe for twenty centuries, against which the church in the Middle Ages made head with its doctrine of “The Two Swords”—church and empire. To the French mind “L'Etat” is something different from the body of Frenchmen or the French nation; and the old fashioned English idea of “God and the King” expressed a conception of an abstract sovereign power. It is strange that the people who have done most to alter the world's acceptance as to what government ought to be, have furnished no political creative mind, formulated no accepted philosophical basis for their government, and justify Bryce's dictum that the Americans have had no theory of the State, and have felt no need for one. “Even the dignity of the State has vanished. It seems actually less than the individuals who live under it—the nation is nothing but so many individuals. The government is nothing but certain representatives and officials.” Or as Tocqueville puts it: “As they perceive that they succeed in resolving without assistance all the little difficulties which their practical life presents, they readily conclude that everything in the world may be explained, and that nothing in it transcends the limits of the understanding.” It is true that the Americans are people who would speak disrespectfully of the equator if they knew of its existence; yet no people is more profoundly influenced by a body of political doctrine, only their point of view is that they practice freedom, equality and self-government, and therefore suppose that there must be definite principles behind those usages. While the French with their national acuteness in analysis and generalization deduce the principles of liberty from the nature of man and then strive to work them out in practice, the American theory of government is to be sought, not in treatises on political ethics or the disquisitions of American statesmen, but in the acts of assemblies, votes of conventions, proclamations of presidents and governors, and the thousand instances of exercise of an accepted authority.

scholarly journals PENERAPAN PRINSIP KEPENTINGAN UMUM TERHADAP KEBERADAAN TANAH TERLANTAR DI INDONESIA

2017 ◽  
Vol 6 (3) ◽  
pp. 383
Author(s):  
Nyoman Arif Budiman
Keyword(s):  
Public Interest ◽  
Land Rights ◽  
The State ◽  
Third Party ◽  
Common Interest ◽  
Conceptual Approach ◽  
The People ◽  
The Republic ◽  
The Government ◽  
The Right

This journal shall be entitled as " Implementation Of Public Interest Principles To Neglected Land In Indonesia".The existence of the land on earth must be beneficial both for the welfare and happiness that has it and for the people and the state. The purpose of this study is to know and understand the absolute limits of property rights to land; and want to understand the relationship between the principle of public interest in land. The method in this research is normative by using  conceptual  approach and statute approach. This journal’s preparation is done by legal research, and the approach method being used in this journal shall be used is the combination of the statute approach and the conceptual approach. The result of this research is the essence of the principle of public interest to the land is to create development based on the principle of humanity in the balance as stipulated in the 1945 Constitution of the Republic of Indonesia. The exemption of land rights is caused by public and private interest with the provision of compensation and guided by the principle of musyawarah. While the revocation of land rights is the spirit of the provisions of Article 18 of the Basic Agrarian Laws states that for the interest of the state and the state and the common interest of the people of the right to land may be revoked by compensation. The legal effort that a third party can take to exploit the state land (abandoned land) is to apply the right to the government (Provincial or Regency / City Land Office). Jurnal ini mengambil julul “Penerapan Prinsip Kepentingan Umum Terhadap Terlantar. Keberadaan atas tanah di muka bumi ini  harus bermanfaat baik bagi kesejahteraan dan kebahagiaan yang mempunyainya maupun bagi masyarakat dan negara. Tujuan dari penelitian ini ialah ingin mengetahui dan memahami batas-batas absolut dari hak milik  terhadap tanah; dan ingin memahami hubungan antara prinsip kepentingan umum atas tanah. Jurnal ini mengangkat permasalahan yang juga menjadi tujuan penulisan yaitu apa hakikat kepentingan umum atas tanah dan apa upaya hukum yang dapat dilakukan oleh pihak ketiga terhadap tanah terlantar. Penyusunan jurnal ini dilakukan dengan tipe penelitian normatif dan menggunakan pendekatan peaturan perundang-undangan dan pendekatan konsep. Hasil dari penelitian ini adalah Hakekat dari prinsip kepentingan umum terhadap tanah ialah untuk menciptakan pembangunan yang berlandaskan asas perikemanusiaan dalam keseimbangan sebagaimana diatur dalam UUD NRI tahun 1945. Pembebasan hak atas tanah disebabkan oleh kepentingan umum dan swasta dengan pemberian ganti rugi dan berpedoman pada asas musyawarah. Sedangkan pencabutan hak atas tanah merupakan semangat dari ketentuan Pasal 18 UUPA menggariskan bahwa untuk kepentingan bangsa dan negara serta kepentingan bersama (hanya untuk kepentingan umum) dari rakyat hak atas tanah dapat dicabut dengan memberikan ganti kerugian. Upaya hukum yang dapat dilakukan pihak ketiga untuk dapat memanfaatkan tanah negara (tanah terlantar) ialah melakukan permohonan hak kepada kepada pemerintah (Kantor Pertanahan Provinsi atau Kabupaten/Kota).

scholarly journals Strategi Penguatan Pengelolaan Bersama Minyak dan Gas Bumi di Wilayah Laut

2018 ◽  
Vol 15 (1) ◽  
pp. 140
Author(s):  
Cut Asmaul Husna TR
Keyword(s):  
Government Regulation ◽  
Oil And Gas ◽  
Central Government ◽  
Geological Structure ◽  
The State ◽  
Constitutional Court ◽  
Joint Management ◽  
The People ◽  
The Republic ◽  
The Government

Kondisi tatanan tektonik dan geologi Aceh memiliki prospek untuk dilakukan eksplorasi dan pengembangan serta produksi Minyak dan Gas Bumi, baik di Wilayah Darat maupun di Wilayah Laut. Penemuan cadangan Minyak dan Gas baru di Aceh diharapkan dapat meningkatkan Penerimaan Negara dan Penerimaan Pemerintah Aceh dalam membangun infrastruktur dan Ketahanan Energi Aceh untuk melahirkan kembali industri-industri skala internasional. Ketentuan dalam Pasal 3 Peraturan Pemerintah Nomor 23 Tahun 2015 Tentang Pengelolaan Bersama Sumber Daya Alam Minyak dan Gas Bumi di Aceh, kewenangan pengelolaan Migas pada Wilayah Laut 12 (dua belas) sampai dengan 200 (dua ratus) mil laut yang merupakan Zona Ekonomi Eksklusif (ZEE) dikelola dan dilaksanakan Pemerintah Pusat dengan mengikutsertakan Pemerintah Aceh. Tafsir dalam 3 (tiga) Putusan Mahkamah Konstitusi No. 002/PUU-I/2003, 20/PUU-V/2007 dan Putusan Mahkamah Konstitusi No. 36/PUU-X/2012 tentang Uji Materiil Undang-Undang Nomor 22 Tahun 2001 tentang Minyak dan Gas Bumi terhadap Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 bahwa penguasaan negara terhadap sumber daya alam dan cabang-cabang produksi yang penting bagi negara dan menguasai hajat hidup orang banyak dimaknai sebagai mandat yang harus dilaksanakan oleh pemerintah untuk mengadakan kebijakan (beleid), pengurusan (bestuursdaad), pengaturan (regelendaad), pengelolaan (beheersdaad), dan pengawasan (toezichthoudensdaad) untuk tujuan sebesar-besarnya kemakmuran rakyat.Conditions of tectonic and geological structure in Aceh prospect for explorating and producing Oil and Natural Gas, either in onshore or offshore. The discovery of Oil and Gas news reserved in Aceh is expected to increase the Central Government Take and Aceh Government Take to build infrastructure and Aceh’s Energy Security to regenerate industries on an international scale. The provisions in Article 3 of the Government Regulation Number 23 Year 2015 concerning Joint Management of Natural Resources Oil and Gas in Aceh, the joint management authority of Oil and Gas in Offshore 12 (twelve) to 200 (two hundreds) nautical miles of an Exclusive Economic Zone (EEZ) is managed and held by the Central Government to include the Government Aceh. Commentary within 3 (three) Decision of Constitutional Court Number 002/PUU-I/2003, 20/PUU-V/2007 and Decision of the Constitutional Court Number 36/PUU-X/2012 of Judicial Review of Law Number 22 Year 2001 concerning Oil and Gas (Oil and Gas Law) Against the 1945 Constitution of the State of the Republic of Indonesia the meaning of “controlled by the state” must be comprehended to include the meaning of a wide-ranging state occupation, as a result of the people’s sovereignty concept. The people, collectively constructed by the 1945 Constitution, provide a mandate to the state to conduct policy (beleid) and functions of administration (bestuurdaad), regulation (regelendaad), management (beheersdaad) and supervision (toezichthoudensdaad) for the greatest prosperity of the people.

scholarly journals RELASI NEGARA DAN AGAMA

2017 ◽  
Vol 1 (1) ◽  
Author(s):  
Hufron Hufron
Keyword(s):  
State Government ◽  
The State ◽  
The Body ◽  
Securities Law ◽  
Dynamic Relationship ◽  
State Administration ◽  
Symbiotic Mutualism ◽  
The Republic ◽  
The Government ◽  
Role Of The Government

Basically the normative judical of the State Administration System of the Republic of Indonesia after the amandement of the 1945 Constitution relating to the regulation of the relationship between the State and Religion is sufficient and meaningful, beginning in the Preamble to the 1945 Constitution, and the articles in the body, starting Article 9, Article 22 D, Article 24 Paragraph (2), Article 28E Paragraph (1), Article 28J Paragraph (2), Article 31 Paragraph (3) and (5) of the 1945 Constitution. At the practical level, the dynamics of State and Religious Relation Post-Change of 1945 Constitution shows a more dynamic relationship and harmonious, the existence of symbiotic-mutualism between the role of the Government of Indonesia and Religion in realizing the goals of the state government as stated in the Preamble of the 1945 Constitution. This is proven factually in the Indonesian constitutional practice there are various laws and regulations that base or adopt the values of the substance of Islam. Such as Marriage Law, Zakat Law, Religious Judicature Law, Wakaf Law, Haj Administration Law, Sharia Banking Law, State Sharia Securities Law and the birth of various Regional Regulations (Perda) based on Shariah (qonun) in the current era of regional autonomy Keywords:  Religion, State, State System

scholarly journals FEATURES OF THE PERFORMANCE OF NOTARIAL ACTS IN INTERNATIONAL CIRCULATION

2021 ◽  
Vol 02 (05) ◽  
pp. 9-13
Author(s):  
Intizor Turdimatovna Mamazhonova ◽  
Keyword(s):  
Law Enforcement ◽  
The State ◽  
The Body ◽  
Foreign Affairs ◽  
International Treaties ◽  
Law Enforcement Agencies ◽  
International Circulation ◽  
The Law ◽  
Rights And Interests ◽  
The Republic

Among the law enforcement agencies of our country, the state notary is of great importance. Notarial actions effectively ensure the protection and protection of indisputable rights and interests in the event that these actions are performed in accordance with the rules established in advance by law. Documents drawn up abroad with the participation of officials of the competent authorities of other states or outgoing from them are accepted by a notary, subject to their legalization by the body of the Ministry of Foreign Affairs of the Republic of Uzbekistan. Without legalization, such documents are accepted by the notary in cases where it is provided for by the legislation and international treaties of the Republic of Uzbekistan.

scholarly journals Pemikiran Abdul Qadim Zallum tentang Majelis Umat dan Dewan Perwakilan Rakyat di Indonesia

2015 ◽  
Vol 4 (02) ◽  
pp. 443-466
Author(s):  
M. Syamsul Arifin
Keyword(s):  
Islamic Law ◽  
The State ◽  
The People ◽  
The Law ◽  
The Government ◽  
The Right

Abstract: This article describes the conception of Majelis Umat according to Abdul Qadim Zallum and conception of the DPR under the Constitution of 1945. In Abdul Qadim Zallum’s thought, the conception of Majelis Umat and the DPR basically is a representative of the people in each form of the state, but in conception of Majelis Umat the representativeness of race is limited, such as in the establishment of the law, a people representative of the non-Muslims can’t contribute to the perfection of the law because they are not representative for analizyng Islamic law, so is the Majelis Umat in his opinion (most votes) is not binding for the Caliph, with other words Majelis Umat don’t have any authority in law as having law is God. In the conception of DPR, any issues relating to the welfare of the people being their authority, certainly not without the approval of the President as the leader of the government. So the differences that really stands out is the authority of the Majelis Umat who are severely restricted by the Caliph and shari'ah law itself. While in DPR based on the Constitution of 1945, as long as not contrary to the basis of the country, DPR has the right to request the approval of the President.Keywords: Majelis Umat, the conception, DPR, Abdul Qadim Zallum

scholarly journals ANALISIS PERHITUNGAN PPH PASAL 21 TERHADAP PEGAWAI TETAP ATAS BERLAKUNYA PMK RI NO: 101/PMK.010/2016 TENTANG PTKP STUDI KASUS PADA PT. BANK SULUTGO CABANG TAHUNA

2017 ◽  
Vol 12 (2) ◽  
Author(s):  
Vinry Y Pangandaheng ◽  
Inggriani Elim ◽  
Heince R. N. Wokas
Keyword(s):  
Key Words ◽  
Income Tax ◽  
Qualitative Approach ◽  
The State ◽  
The People ◽  
The Law ◽  
The Republic ◽  
Permanent Employees ◽  
Tax Payments ◽  
Descriptive Method

Tax is a compulsory contribution to a country that is indebted by an individual or a coercive body under the Act, without obtaining direct remuneration and being used for the purposes of the state to the greatest possible prosperity of the people. This study aims to find out and analyze the calculation of income tax (PPh) article 21 on permanent employees on the enactment of new regulations PMK No: 101 / PMK.010 / 2016 in the interest of tax payments efficiently in PT. Bank SulutGo Tahuna Branch. This research uses descriptive method with qualitative approach. Based on the results of research, it is concluded that the calculation and reporting of Article 21 Income Tax at PT. Bank SulutGo Branch Tahuna has been in accordance with the Law No. 36 of 2008 and the procedures set forth in the Tax Regulations applicable in Indonesia, and PT. Bank SulutGo Branch Tahuna has done the calculation of PTKP in accordance with Regulation of the Minister of Finance of the Republic of Indonesia No: 101 / PMK.010 / 2016.Key Words : Calculation, Income Tax Article 21, PMK No: 101 / PMK.010 / 2016

scholarly journals IMPIAN YANG TERABAIKAN

2019 ◽  
Vol 4 (II) ◽  
pp. 181-204
Author(s):  
Amrunsyah
Keyword(s):  
Law Enforcement ◽  
Legal Culture ◽  
The State ◽  
Legal Issues ◽  
Legal Certainty ◽  
The Public ◽  
Legal Structure ◽  
The People ◽  
The Law ◽  
The Government

This paper is entitled "The Neglected Dream" (Implementation of the Purpose of Law and Criminal Law in Indonesia). Law and the purpose of law have interrelated and inseparable links. The law always plays an important role in a country even the law has a multifunction with the aim of the public good in order to achieve justice, legal certainty, order, expediency, and others. However, this is far from the fire. That is, the public is only given the wind of heaven and dreams that wash away while the state authorities use the law as a tool to suppress society, so that society can be positioned in accordance with the desires of the state authorities. The implementation of the law and the purpose of the law in force in Indonesia is clearly visible, so through a number of legal theories set forth in this paper will be a little stomping for anyone who understands it when compensating for the facts that occur in the midst of society. In fact, for people who want to get legal justice but in reality are entangled in the law. The government should be serious in responding to this because the people have given full mandate to manage this country, including in dealing with legal issues, both in terms of legal structure, legal substance and legal culture played by law enforcement.

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