scholarly journals Juridical Review Of The Granting Of Remissions To Prisoners Of Criminal Acts Of Corruption

2021 ◽  
Vol 3 (4) ◽  
pp. 140-152
Author(s):  
Rizki Karina Azilia
Keyword(s):  
Government Regulation ◽  
Literature Study ◽  
Economic Rights ◽  
Legal Rules ◽  
Positive Law ◽  
The Social ◽  
Directorate General ◽  
The Government ◽  
Financial Losses ◽  
Data Processing Methods

Corruption has occurred systematically and widely, causing state financial losses, as well as violating the social and economic rights of the community at large. The most common punishment imposed on perpetrators of corruption is imprisonment. Law Number 12 of 1999 concerning Corrections states that one of the rights of prisoners is to obtain a reduction in their criminal period or remission, not least for prisoners who are perpetrators of corruption. The government has issued Government Regulation Number 28 of 2006 concerning the Terms and Procedures for the Implementation of the Rights of Correctional Inmates. Convicts of criminal acts of corruption can be given remission if they meet the requirements of good behavior and have served 1/3 (one third) of their criminal period. The study was conducted to find out the things that became the basis for granting remissions to prisoners, including convicts who were perpetrators of criminal acts of corruption and to find out how the legal arrangements for granting remissions to prisoners who were perpetrators of corruption in positive law in Indonesia. The type of research is normative juridical research. The data was collected through a literature study, and the data obtained were processed using qualitative data processing methods. This qualitative analysis is then linked to relevant problems and theories so that the data obtained are descriptive. The results of the analysis show that the correctional system seeks to realize the social reintegration of prisoners in prison, therefore the basis for granting remissions to prisoners is to motivate prisoners to behave well and accelerate prisoners who are well behaved so that they can be released and return to society before the actual date of freedom. The legal rules for granting remissions to convicts who commit corruption crimes are Government Regulation Number 28 of 2006, but have not been equipped with implementing regulations. The government should immediately provide clarity to this regulation by issuing implementing regulations so as to provide legal certainty for the Directorate General of Corrections.

Pelaksanaan Peraturan Pemerintah No. 9 Tahun 1975 dalam Perspektif Sosiologi dan Antropologi Hukum Islam

2018 ◽  
Vol 1 (2) ◽  
Author(s):  
Muchimah MH
Keyword(s):  
Social Environment ◽  
Government Regulation ◽  
Islamic Law ◽  
Marriage Law ◽  
Anthropological Perspective ◽  
Government Regulations ◽  
The Social ◽  
The Government

Government Regulation No. 9 of 1975 related to the implementation of marriage was made to support and maximize the implementation of Law No. 1 of 1974 which had not yet proceeded properly. This paper examines Government Regulations related to the implementation of marriage from the perspective of sociology and anthropology of Islamic law. Although the rules already exist, some people still carry out marriages without being registered. This is anthropologically the same as releasing the protection provided by the government to its people for the sake of a rule. In the sociology of Islamic law, protection is a benchmark for the assessment of society in the social environment. Therefore the purpose of this paper is to find out how the implementation of marriage according to PP. No. 9 of 1975 concerning the Marriage Law in the socio-anthropological perspective of Islamic Law.

scholarly journals Capacity Choice and Government Regulation in a Vertical Industry

2020 ◽  
Vol 31 (5) ◽  
pp. 513-524
Author(s):  
Junlong Chen ◽  
Yajie Wang ◽  
Jiali Liu
Keyword(s):  
Social Welfare ◽  
Government Regulation ◽  
Market Competition ◽  
Excess Capacity ◽  
Market Demand ◽  
Government Failure ◽  
Regulatory Policies ◽  
The Social ◽  
Capacity Choice ◽  
The Government

This paper sets up an industry competition model consisting of two upstream enterprises and two downstream enterprises. Then we rely on the model to explore how non-regulation and different regulatory policies (maximizing the total profits of the upstream enterprises, the social welfare of the upstream industry or the overall social welfare) affect the following factors: the excess capacity, enterprise profits, consumer surpluses, social welfare in the upstream and downstream enterprises and the overall social welfare. The following conclusions are drawn from our research. First, whether and how the government regulates the capacity choice greatly affect the equilibrium outcomes, as well as the welfare distribution among the upstream enterprises, downstream enterprises, and consumers. The specific effects are dependent on market demand and enterprise cost. Second, the government should formulate its regulatory policies on capacity choice based on the overall social welfare of the entire supply chain. If the government aims to maximize the profits of the upstream enterprises, the social welfare of the downstream industry will be negatively affected. Third, excess capacity does not necessarily suppress social welfare. Under certain conditions, the worst scenario of excess capacity may occur under the pursuit of the maximal overall social welfare. Excess capacity may arise from various causes, rather than market competition or government regulation alone. Excess capacity cannot be attributed solely to government failure. These conclusions have some significance for optimizing capacity regulation policies.

scholarly journals Passing Off yang Dilakukan Oleh Pihak yang Beritikad Tidak Baik Melalui Pemakaian Nama Perseroan Terbatas

2020 ◽  
Vol 23 (02) ◽  
pp. 100-118
Author(s):  
Kimham Pentakosta ◽  
Elly Hernawati
Keyword(s):  
Government Regulation ◽  
Limited Liability ◽  
Limited Liability Company ◽  
Bad Faith ◽  
Passing Off ◽  
Directorate General ◽  
Trademark Registration ◽  
The Republic ◽  
The Government ◽  
Legal Administration

This paper focuses on the similarity of functions between Trademarks and Limited Liability Company Name, namely quality assurance function, which enables both to provide a guarantee on the reputation of goods and/or services offered to the consumer. Such similarity of functions between those two different legal terminology opens a loophole for any party, based on bad faith, to conduct passing off towards a registered trademarks owned by another party through the use of a limited liability company name. This paper shows the urgency of a harmonization and integration between the mechanism of applying for Trademark registration and the submission of the name of a limited liability company in Indonesia. Therefore, this paper will examine and criticize the laws and regulations relating to the two terminology above, inter alia the Law Number 20 of 2016 regarding Trademarks and Geographical Indications and the Government Regulation Number 43 of 2011 regarding Procedures for Filing and Use of Limited Liability Company Name. This paper concludes that the government of the Republic of Indonesia must immediately amend the regulation on the requirements for submitting the name of a limited liability company, by requiring the Directorate General of General Legal Administration to reject the name of a limited liability company that uses a name that has been registered as a brand by another party.

scholarly journals Upaya Penanganan Khusus Narapidana Lansia sebagai Kelompok Rentan

2021 ◽  
Vol 1 (12) ◽  
pp. 855-867
Author(s):  
Elika Sifra Lidya ◽  
Mitro Subroto
Keyword(s):  
Justice System ◽  
Health Workers ◽  
The Elderly ◽  
Vulnerable Groups ◽  
Special Treatment ◽  
Correctional Institution ◽  
Correctional Services ◽  
The Social ◽  
Directorate General ◽  
The Government

LAPAS or Correctional Institution under the auspices of the Directorate General of Corrections is the final place of the criminal justice system process that fosters and integrates the social of convicts, so that when returning to society they are able to live a normal life. Elderly (according to Law No. 13 of 1998: Elderly) is a person whose age reaches the age of 60 years and above. In its efforts, Correctional Services interpret this understanding by regulating the rights of inmates contained in Law no. 12 of 1995 article 14 paragraph 1.The increasing age and declining body condition of the elderly inmates need special treatment both in health, treatment, and public services. Elderly inmates as much as possible are treated as people usually are, it's just that the place and application are different. This is for the implementation of part of Human Rights (HAM) as a national instrument. This special handling effort involves other stakeholders be it medical or health workers and the government to support the infrastructure needed. The elderly as one of the vulnerable groups become important objects in terms of how decent handlers are so that they feel cared for in their twilight years. Although until now still in the process and stages of refinement of special handling for them. The fact is still not optimal and this study illustrates how well the effort is.

scholarly journals TINJAUAN IMPLEMENTASI AKUNTANSI PEMERINTAHAN BERBASIS AKRUAL DI INDONESIA

AdBispreneur ◽  
2018 ◽  
Vol 2 (3) ◽  
pp. 217
Author(s):  
Suryanto .
Keyword(s):  
Financial Management ◽  
Government Regulation ◽  
Management Practices ◽  
Accounting Standards ◽  
Accounting System ◽  
Literature Study ◽  
Indonesian Government ◽  
Government Accounting ◽  
Accrual Basis ◽  
The Government

ABSTRACTThe purpose of this study to determine the management of state finances in Indonesia associated with the government accounting system used. This research is a type of research of literature study using a qualitative approach. The data were obtained from various sources of reference, such as journals, expert statements, and media references. The results show that the Indonesian government in its accounting system is still based on Government Regulation No. 24 of 2005 which is the cash base toward accrual (cash toward accrual). However, Due to the growing demands of the community and the encouragement of international institutions to apply the accrual basis, the Indonesian government continues to improve its accounting system. It encouraged the government in 2010 through the Government Accounting Standards Committee to issue accrual based government accounting standards established through Government Regulation No. 71 of 2010 on Government Accounting Standards superseding Government Regulation No. 24 of 2005. The Government of Indonesia has implemented reforms in the field of accounting with the necessity setting up accrual basis accounting. The use of an accrual basis is one of the characteristics of modern financial management practices in the public sector that aims to provide more transparent information. But in reality, the application of accrual-based accounting system is still a lot of constraints on the human resources sector. Keywords : Accrual basis, cash basis, government accounting system  ABSTRAKTujuan penelitian ini untuk mengetahui pengelolaan keuangan negara di Indonesia terkait dengan sistem akuntansi pemerintahan yang digunakan. Penelitian ini merupakan jenis penelitian studi literatur dengan menggunakan pendekatan kualitatif. Data diperoleh dari berbagai sumber referensi baik jurnal, pernyataan para ahli, maupun referensi dari media. Hasil penelitian menunjukkan bahwa pemerintah Indonesia dalam sistem akuntansinya masih berdasarkan Peraturan Pemerintah Nomor 24 Tahun 2005 yaitu basis kas menuju akrual (cash toward accrual). Namun, Karena adanya tuntutan dari masyarakat yang semakin kuat dan adanya dorongan dari lembaga-lembaga internasional untuk menerapkan basis akrual, maka pemerintah Indonesia terus berupaya memperbaiki sistem akuntansinya. Hal tersebut mendorong pemerintah pada tahun 2010, melalui Komite Standar Akuntansi Pemerintahan menerbitkan standar akuntansi pemerintahan berbasis akrual yang ditetapkan melalui Peraturan Pemerintah Nomor 71 tahun 2010 tentang Standar Akuntansi Pemerintahan menggantikan Peraturan Pemerintah Nomor 24 tahun 2005. Pemerintah Indonesia telah melaksanakan reformasi di bidang akuntansi dengan keharusan menerapan akuntansi berbasis akrual. Penggunaan basis akrual merupakan salah satu ciri dari praktik manajemen keuangan modern di sektor publik yang bertujuan untuk memberikan informasi yang lebih transparan. Namun kenyataannya penerapan sistem akuntansi berbasis akrual tersebut masih banyak kendala pada sektor sumber daya manusianya. Kata kunci :  Basis akrual, basis kas, sistem akuntansi pemerintahan

THE IMPROVING TARIFFS’ FORMATION FOR CENTRAL WATER SUPPLY AND SEWAGE SERVICES OF THE STIMULATING REGULATION PRINCIPLES

2015 ◽  
Vol 1 (1) ◽  
pp. 83-91
Author(s):  
Elina Moroz
Keyword(s):  
Water Supply ◽  
Government Regulation ◽  
Logical Scheme ◽  
The Social ◽  
The Government ◽  
Environmental Measures

In the article describes the main theoretical bases of tariffs’ formation for central water supply and sewage services of the stimulating regulation principles has been considered. The author proposed to extend the government regulation principles of tariffs, and developed structural-logical scheme of tariff’ formation for water supply and sewage in conditions of the priority of the social and environmental measures’ realization.

scholarly journals Kisruh Regulasi Tenaga Kerja Asing Sebagai Kegagalan Komunikasi Publik Pemerintah

2018 ◽  
Vol 2 (2) ◽  
Author(s):  
Indrianti Azhar Firdausi ◽  
Fuqoha Fuqoha
Keyword(s):  
Government Regulation ◽  
The State ◽  
Foreign Workers ◽  
Legal Certainty ◽  
Employment Opportunities ◽  
Good Communication ◽  
The Social ◽  
Pros And Cons ◽  
The Government ◽  
Social Upheaval

The development of information technology should be maximized by the government in establishing communication and information about policies taken by the government. Thus, good communication will be held in order to achieve the goals of the State without the social upheaval that arises in the community due to policies set by the government. One of the failures of government public communication is the government's failure to explain and socialize the Presidential Regulation Number 20 of 2018 concerning the Use of Foreign Workers who get responses to the pros and cons of all parties, both from the general public and from government opposition. The communication failure gave birth to multi-interpretation from various circles of society and government. Every government regulation or legal policy has functions and objectives in order to achieve the goals of the State. Conception The rule of law guarantees legal certainty, legal benefits and legal justice. The regulation on the use of foreign workers is one form of legal certainty in order to protect opportunities and employment opportunities for citizens of their own country. However, communication failures built by the government resulted in multi-interpretation of policies that were considered to provide convenience for foreign workers and complicate Indonesian employment opportunities.

scholarly journals GAMBARAN PENDIDIKAN LANJUT USIA KOMPLEK PERUMAHAN CENDANA KELURAHAN ANDALAS KECAMATAN PADANG TIMUR DALAM MEWUJUDKAN KESEJAHTERAAN SOSIAL

2021 ◽  
Vol 2 (2) ◽  
pp. 67-74
Author(s):  
Murlis Murlis
Keyword(s):  
Social Welfare ◽  
Government Regulation ◽  
Active Role ◽  
The Elderly ◽  
Cultural Value ◽  
Social Functions ◽  
Value System ◽  
The Social ◽  
The Republic ◽  
The Government

The social welfare of the elderly is an action as an effort to fulfill the needs of the community, especially the elderly who are unable to carry out their social functions, namely by providing assistance and sponsorship services. Thus, it is hoped that the elderly can improve their welfare so that they can live properly. According to Government Regulation Number 43 of 2004, what is meant by efforts to improve the social welfare of the elderly is a series of activities carried out in a coordinated manner between the government and the community to empower the elderly so that the elderly can continue to carry out their social functions and play an active role naturally in the life of the community, nation and state. Law of the Republic of Indonesia Number 13 of 1998 concerning the Welfare of the Elderly states that efforts to improve the social welfare of the elderly are carried out on the basis of faith and devotion to God Almighty. Efforts to improve social welfare are aimed at extending the life expectancy and productive period, creating independence and welfare, maintaining the cultural value system and kinship of the Indonesian nation, and getting closer to God Almighty.

scholarly journals Local Regulation on Homelessness and Beggars in Yogyakarta: Human Rights and Maqasid of Sharia Perspectives

2021 ◽  
Vol 21 (1) ◽  
pp. 23-54
Author(s):  
Ahmad Syafii Rahman ◽  
Amir Mu’allim
Keyword(s):  
Human Rights ◽  
Government Regulation ◽  
City Government ◽  
Culture Of Poverty ◽  
Local Regulation ◽  
The People ◽  
The Social ◽  
The Government ◽  
Special Region ◽  
Yogyakarta City

The existence of vagrants and beggars as a sub-culture of poverty is a separate problem for the government and the people of Yogyakarta in general. This research was conducted to examine and analyze the effectiveness of the Yogyakarta City Government Regional Regulation No. 1 of 2014 concerning the handling of homeless and human rights beggars in the review of maqasid shariah and seeks to find the crucial factors that influence the effectiveness of the DIY city government regulation based on a human rights perspective. humans in the view of maqasid syariah. The facts in the field were collected using qualitative methods with a sociological normative juridical approach and technical analysis using analytical descriptions. The results of this study are the Role and Functions of the Social Service in tackling Homeless and Beggars in the Special Region of Yogyakarta which has been procedurally fulfilled based on the Yogyakarta Regional Regulation No. 1 of 2014, but conceptually has not been fully implemented in the DIY City Regional Regulation No. 1 of 2014. In the perspective of human rights, in terms of quantity, the regional regulation has guaranteed the fulfillment of the rights of the homeless and beggars, the implementation is in accordance with standard operational procedures in the field. According to the Maqasid syariah perspective, the government's program to overcome sprawl has realized the maqasid syariah, namely the maintenance of religion (hifz din), reason (hifz al-aql) maintenance of the soul (hifz al-nafs) maintenance of offspring (hifz al-nasl) maintenance of property ( hifz al-mal)

scholarly journals Implementasi Norma Internasional mengenai Kebebasan Beragama dan Berkeyakinan di Indonesia

2021 ◽  
Vol 6 (1) ◽  
Author(s):  
Muhammad Iqbal Yunazwardi ◽  
Aulia Nabila
Keyword(s):  
International Norms ◽  
National Commission ◽  
Political Rights ◽  
Positive Law ◽  
The Social ◽  
Local Actors ◽  
Societal Level ◽  
Civil And Political Rights ◽  
The Government ◽  
Main Factor

Indonesia has ratified the International Covenant of Civil and Political Rights (ICCPR) and guarantees freedom of religion or belief (FoR). However, violations of FoR in Indonesia remains occur after 2015. This paper analyses this issue using the concept of norms localization which assumes that the implementation of international norms is the main factor that affects Indonesia’s effort to implement the FoR. There is a gap between international norms, that is Article 18 of the ICCPR and the Indonesia’s positive law regulating FoR. In addition, the characteristics of religious demography and religious behaviour of Indonesian people affect the implementation of FoR. As a result, the implementation of the norms by local actors such as the National Commission of Human Rights (Komnas HAM) is diminished. This paper concludes that in implementing the norms the government interprets the social and political context at societal level. The government is oftently forced by certain groups so it could be the potential violator of the FoR regulations that has been agreed upon.

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