scholarly journals Problematika Konsep Diskresi dalam Penyelenggaraan Administrasi Pemerintahan pasca Undang-Undang Cipta Kerja

2021 ◽  
Vol 1 (1) ◽  
pp. 11-20
Author(s):  
Nurmayani Nurmayani ◽  
◽  
Mery Farida ◽  
Keyword(s):  
Research Methodology ◽  
Job Creation ◽  
Problem Formulation ◽  
Government Officials ◽  
Legal Research ◽  
Conceptual Approach ◽  
Employment Creation ◽  
Government Administration ◽  
Previous Definition ◽  
Freedom Of Action

Abstract Purpose: The enactment of Law No. 11 of 2020 on Job Creation has modified several provisions governing government administration, one of which concerns discretion. Discretion, defined as the freedom of action of government officials when acting or making decisions, is redefined in the Job Creation Law, as the previous definition was deemed to obstruct investment by defining discretion as limited discretion. The community criticizes discretion, but the Job Creation Law's discretion is due to the numerous problems associated with this concept. Research Methodology: The study's problem formulation is as follows: How is the concept of discretion applied to government administration following the Job Creation Act? What issues arise as a result of the Job Creation Act's change in the concept of discretion? This legal research employs a normative juridical research methodology that combines a statutory and conceptual approach to map the concept of discretion in the Law on Job Creation and the resulting problems. Results: The Employment Creation Act expanded the concept of discretion by eliminating discretionary requirements that are inconsistent with applicable laws and regulations, resulting in several issues, including the possibility of issuing unconstitutional discretion, discretion that is inconsistent with the AUPB, and a concept of discretion that is too broad, disproportionate to the supervision of discretionary officials.

scholarly journals The Tensions On The Protection Of Local-Traditional Indonesian Batik

Yuridika ◽  
2021 ◽  
Vol 36 (1) ◽  
pp. 177
Author(s):  
Ria Setyawati ◽  
Mas Rahmah ◽  
Rahmi Jened ◽  
Nurul Barizah ◽  
Agung Sujatmiko
Keyword(s):  
Legal Protection ◽  
Problem Formulation ◽  
International Level ◽  
Legal Research ◽  
Conceptual Approach ◽  
Legal Rules ◽  
Legal Problems ◽  
The Times ◽  
Legal Concepts

Batik artwork has been known for hundreds of years and has become part of the culture of Indonesian society. Some batik motifs in Indonesia have philosophical values and are part of traditional traditional ceremony activities. Along with the times, the creativity of batik artists has become varied even though ancient traditional motifs are still mass produced and used as inspiration. This research examines the legal protection for traditional batik in order to avoid the abuse of rights by certain parties who merely exploit it in order to benefit from the existence of traditional batik works. The formulation of the problem that will be examined in this research is whether traditional batik gets legal protection under the copyright regime in Indonesia? Are there any legal safeguards at the international level for traditional Indonesian batik works? In answering this problem formulation will use a conceptual approach and a statutory approach. This research is a legal research that will examine existing legal concepts and related legal rules in solving legal problems related to the protection of traditional batik.

scholarly journals IMPLIKASI HUKUM PENGUJIAN PERATURAN DAERAH PASCA AMANDEMEN UNDANG-UNDANG DASAR 1945

2019 ◽  
Vol 19 (1) ◽  
pp. 60
Author(s):  
King Faisal Sulaiman
Keyword(s):  
Secondary Data ◽  
Problem Formulation ◽  
Testing System ◽  
Constitutional Court ◽  
Regional Government ◽  
Legal Research ◽  
Conceptual Approach ◽  
Legal Discourses ◽  
Position Regulation ◽  
The Right

<p><em>This study aims to explain in detail why the dualism of local regulations testing after the amendment of the 1945 Constitution Research is also directed to provide a testing system solutions in the future regulation. Legal discourses are still academic debate is when the right of judicial review by the Supreme Court Regulation hostage by Law No. 23 of 2014 on Regional Government. Supremacy of the constitution as part of the main characteristics of the legal state impressed distorted due to the duality of the regulation testing including how the implications of the Constitutional Court Number 137 PUU-XIII / 2015 Jo Court Number 56 / PUU-XIV / 2016 on June 14, 2017 last. Position regulation as executive versus legislative product as much a part of this study in order to find the ideal solution testing legislation in the future.The research method used was a normative legal research (legal research) which is based on the study of literature or secondary data divided form the primary legal materials, secondary law material and tertiary legal materials. Models used approach is the approach of law (statute aproach) and conceptual approach (conceptual aproach). A number of secondary data collected will be analyzed by descriptive qualitative where the process used deductive thinking. To get accuracy of understanding (subtilitas itellegendi) and accuracy translating (subtilitas explicandi) to solve the problem formulation.</em><strong></strong></p>

scholarly journals PENGGUNAAN DAN BATAS DISKRESI DALAM PENGELOLAAN KEUANGAN DAERAH DI INDONESIA

2019 ◽  
Vol 1 (2) ◽  
pp. 176-187
Author(s):  
Tri Suhendra Arbani
Keyword(s):  
Secondary Data ◽  
Comparative Approach ◽  
Regional Government ◽  
Government Officials ◽  
Legal Research ◽  
Conceptual Approach ◽  
Legal Rules ◽  
The Public ◽  
Regional Finance ◽  
Analysis Technique

Regional finance is the most important thing and becomes the pulse in carrying out all regional government affairs. Regulation in the financial sector is important because many regional heads carry out transportation for corruption because they are wrong in managing and making policies that have no legal basis. In this paper, we try to examine problems such as the changing room for discretion and the discretionary limitation in managing regional finances. This type of research used in this paper is normative legal research, that is research conducted or based on written regulations and other legal materials related to secondary data. In this legal research is used to discuss: statute approach, comparative approach, and conceptual approach. The data analysis technique in writing uses data management in essence the activities to make a system of written legal materials. The results of this paper describe how you should use discretion. This concept of discretion comes in the middle of a weak system of registration of invitations and legal vacuum. In essence, government officials take discretionary measures if they ask for various terms and discussion spaces from the discretion itself that has been regulated in government administration laws. These restrictions on the use of discretion indicate that not everything can be taken as a discretionary measure. Using ermessen freis or discretion basically covers the use of ermessen freis cannot replace with the prevailing legal system (positive legal rules) and the use of ermessen freis is only in the public interest.

scholarly journals Discretion as to the Object of the Criminal Law of Corruption in Indonesia

2018 ◽  
Vol 7 (4.9) ◽  
pp. 100
Author(s):  
Boy Yendra Tamin ◽  
. .
Keyword(s):  
Welfare State ◽  
Criminal Law ◽  
Government Officials ◽  
Legal Research ◽  
Conceptual Approach ◽  
The Law ◽  
Principle Of Legality ◽  
The Welfare State

The high number of corruption cases among government officials in Indonesia cannot be separated from what is the object of the criminal law of corruption, especially since corruption laws in Indonesia do not distinguish between discretion and abuse of authority due to position. This raises the question, can discretion be the legal object of criminal corruption? This legal research is carried out with conceptual approach, statute approach and case approach, it can be concluded that discretion cannot be used as an object of the criminal law of corruption because discretion is not based on the principle of legality. Placing discretion as the object of the law of corruption is inconsistent with the demands of the welfare state. In the use of discretion, it is necessary only to set strict standards and supervision, and the use of discretion with consistent purpose principles. And it must be stated in the Act, that the expression is not the object of corruption.  

scholarly journals Penyalahgunaan Kewenangan Pejabat Pemerintahan Dan Ruang Lingkupnya Menurut Undang-Undang Administrasi Pemerintahan

Solusi ◽  
2019 ◽  
Vol 17 (2) ◽  
pp. 175-192
Author(s):  
Barhamudin Barhamudin
Keyword(s):  
Criminal Law ◽  
Administrative Law ◽  
Court Decision ◽  
Government Officials ◽  
Conceptual Approach ◽  
Government Administration ◽  
The Republic ◽  
Legal Domain ◽  
Stated Purpose ◽  
Legal Force

The purpose of this research is to find out, study and analyze in determining the element of abusing authority in government administrative laws. In this study using normative research with a statutory approach and a conceptual approach. Legal materials consisting of Primary Legal Materials, Secondary Legal Materials and Tertiary Legal Materials. The results obtained are benchmarks to determine the existence of abuse of authority according to administrative law, in this case UUAP occurs if government officials or officials conduct discretion without going through procedures and the purpose is not carried out within the scope of what has been determined by Law of the Republic of Indonesia Number 30 of 2014 concerning Government Administration in article 17 and article 18 includes: a. The statute goes beyond the authority; b. prohibition of confusing authority; c. prohibition of arbitrary actions. d. beyond the term of office or the validity period of the Authority; e. beyond the territorial validity of the Authority; and / or f. contrary to statutory provisions. g is outside the scope of the field or material given Authority; and / or h. contrary to the stated purpose of the Authority. Abuse of authority either according to administrative law or criminal law has the respective legal domain. Decisions and / or Actions that are determined and / or carried out by exceeding illegitimate Authority if it has been tested and there is a Court Decision that has permanent legal force and Courts that have permanent legal force.

scholarly journals Sanksi Pidana Terhadap Pemberi Kerja dalam Undang-undang No.11 Tahun 2020 tentang Cipta Kerja

2021 ◽  
Vol 2 (3) ◽  
pp. 597-601
Author(s):  
Nyoman Sugiartha ◽  
Kalingga Maulana Ibrahim ◽  
I Putu Gede Seputra
Keyword(s):  
Minimum Wage ◽  
Power Relations ◽  
Job Creation ◽  
Primary Data ◽  
Legal Research ◽  
Conceptual Approach ◽  
Minimum Period ◽  
Criminal Sanctions ◽  
Research Type

The Job Creation Act is a new law that is causing controversy, especially among workers/workers because the Job Creation Bill is considered detrimental to workers due to the imbalance of power relations in making agreements. The purposes of this study are to reveal the legal arrangements against employers in Law No. 11 of 2020 concerning Job Creation and criminal sanctions against employers if they do not comply with the provisions of the Job Creation Act. The type of research used in this study uses a normative legal research type with a statutory approach and a conceptual approach. The techniques for collecting legal materials are recording, summarizing, and quoting techniques. Sources of data used in the form of secondary and primary data which are then analyzed qualitatively. The results of the study reveal that there are criminal sanctions for entrepreneurs who pay labor wages below the district/city minimum wage as stipulated in Article 185 paragraph 1 of the Job Creation Law, namely a criminal threat for violating the criminal provisions, namely imprisonment for a minimum period of 2 years and a maximum of 4 years in prison and/or a fine of at least 100 million and a maximum of 400 million

scholarly journals Authority of the Village Head in Efforts to Settle Land Disputes Based on Law Number 6 Year 2014

2019 ◽  
Vol 7 (05) ◽  
Author(s):  
Tika Puspa Lestari ◽  
Ilwan ◽  
RR. Cahyowati
Keyword(s):  
Dispute Resolution ◽  
Legal Certainty ◽  
Legal Research ◽  
Conceptual Approach ◽  
Government Administration ◽  
Land Dispute ◽  
Land Disputes ◽  
Approach Method ◽  
The Village

The purpose of this study was to find out the procedure for land dispute resolution carried out by the Village Head, to find out the basis of authority of the Village Head in land dispute resolution efforts based on Law Number 6 of 2014 concerning Villages and to find out the legal strength of land dispute resolution. This type of research is normative legal research. The theory used in this study is the theory of dispute resolution, the theory of authority and the theory of legal certainty. The approach method used is the legislative approach, case approach, and conceptual approach. Based on the results of the study that the procedure for land dispute resolution carried out by the Village Head was carried out in several stages, namely: 1. complaints; 2. summons of disputing parties; 3. the process of deliberation; and 4. formulating the results of the agreement in the form of a Joint Peace Letter. The authority of the Village Head in an effort to resolve land disputes is Article 26 of Law Number 6 Year 2014 concerning Villages and Law Number 30 Year 2014 concerning Government Administration. The power of land dispute resolution law carried out by the village head in the form of a Peace Letter on land disputes made by the Village Head based on what has been agreed upon by the disputing parties, it can be said that what is stated in the Peace Letter is valid and applies as a Law for those who make it, in this case the parties to the dispute. The agreements are irrevocable for reasons which are sufficient by law.

scholarly journals Penyalahgunaan Wewenang dalam Tindak Pidana Korupsi Setelah Berlakunya UU No. 30 Tahun 2014 Tentang Administrasi Pemerintahan

2020 ◽  
Vol 4 (1) ◽  
pp. 53
Author(s):  
Zulkarnaen Zulkarnaen ◽  
Zainal Asikin ◽  
Amiruddin Amiruddin
Keyword(s):  
Law Enforcement ◽  
Administrative Law ◽  
The State ◽  
Comparative Approach ◽  
Legal Research ◽  
Conceptual Approach ◽  
Government Administration ◽  
Law Enforcement Officials ◽  
The Law

This research was conducted to find out how the concept of abuse of authority in criminal acts of corruption after the enactment of Law Number 30 of 2014 concerning Government Administration; and How was law enforcement in handling criminal acts of corruption after the enactment of the Law Number 30 of 2014. This research was a normative legal research. The approach used in this research was the statutory approach, the conceptual approach, and the comparative approach. From the results of the study it could be concluded that the concept of abuse of authority in criminal acts of corruption after the entry into force of Law Number 30 of 2024 concerning Government Administration was the Abuse of authority in accordance with Article 17 of Law No. 30 of 2014. Law No. 30 of 2014 focused on preventing abuse of authority. Aspects of criminal acts of corruption were first proven based on administrative law. In the process of law enforcement, if there was indeed an abuse of authority, then it became the basis by law enforcement officials to investigate or investigate allegations of corruption against the abusers of authority, whereas if in testing the abuse of authority by the State Administrative Court, the evidence was not proven, of course these actions could not be used as a basis for conducting investigations.

TINJAUAN YURIDIS TERHADAP PENGEMBALIAN KEWENANGAN ISTIMEWA MAJELIS PERMUSYAWARATAN RAKYAT MELALUI PERUBAHAN UNDANG-UNDANG DASAR NEGARA REPUBLIK INDONESIA TAHUN 1945

2018 ◽  
Vol 5 (1) ◽  
pp. 142
Author(s):  
Putu Ayu Anastasia Wierdarini
Keyword(s):  
Research Method ◽  
State Institution ◽  
Vice President ◽  
Legal Research ◽  
Conceptual Approach ◽  
Administration System ◽  
Material Content ◽  
The People ◽  
State Administration ◽  
Strategic Position

The amendment of the Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 positioned the Majelis Permusyawaratan Rakyat no longer as the highest state institution and the highest sovereign of the people. This has implications for the authority of the Majelis Permusyawaratan Rakyat to have a strategic position, namely to UUD 1945, to stipulate GBHN, to elect the president and vice president through amendment of its authority to be very limited and weak. This paper examines jurisdictionally how to restore the privileges possessed by the Majelis Permusyawaratan Rakyat through the amendment of the UUD 1945. A normative legal research method with statute approach and conceptual approach is used to analyze this problem.The results of the study indicate that the MPR's repatriation in the main and vital position in the Indonesian state administration system is very important, namely through amendments to the material content of the UUD 1945 which must be implemented on an ongoing basis.

PENERAPAN ASAS KEADILAN PADA TRANSAKSI PENYIMPANAN DANA NASABAH DI BANK SYARIAH BERDASARKAN AKAD MUDHARABAH

2020 ◽  
Vol 5 (1) ◽  
pp. 1-12
Author(s):  
SITI NUR SHOIMAH
Keyword(s):  
Profit Sharing ◽  
Islamic Banking ◽  
Business Activity ◽  
Legal Research ◽  
Conceptual Approach ◽  
Islamic Bank ◽  
Principle Of Justice

ABSTRAK This research is motivated by the fact that it does not include clauses related to the risk of the Bank or the Customer in the mudharabah agreements in the customer deposit funds in Islamic Banking (Sharia Banking), if at any time the business of managing a Islamic Bank fund suffers, even though there are also Customer funds in the business, and it’s not balanced, because maybe only one party, the Customer or the Bank, bears the risk of loss. This imbalance then causes injustice, even though justice is a shariah requirement in the distribution of results from a business activity. Research that uses the normative legal research with the statute approach, and conceptual approach, results in the finding that the principle of justice in customer deposit funds in Islamic Banking based on mudharabah agreements is realized in the form of profit sharing system in the form of proportional and balanced benefits and risks.   Keyword: Principle of Justice, Mudharabah Agreements, Customer Deposit Fund, Islamic Banking   ABSTRAK Penelitian ini dilatarbelakangi oleh fakta yang menunjukkan tidak dicantumkannya klausul terkait resiko Bank ataupun Nasabah di dalam akad mudharabah pada transaksi penyimpanan dana Nasabah di Bank Syariah, apabila suatu ketika usaha dari pengelolaan dana Bank Syariah mengalami kerugian, padahal di dalam usaha tersebut juga terdapat dana Nasabah, dan ini tentu tidak seimbang, karena dimungkinkan hanya pihak Nasabah Penyimpan atau Bank Syariah yang menanggung resiko atas kerugian tersebut. Ketidakseimbang inilah yang kemudian menimbulkan adanya ketidakadilan, padahal keadilan merupakan persyaratan syari’ah dalam pembagian hasil dari suatu kegiatan usaha. Penelitian yang menggunakan metode normatif dengan pendekatan perundang-undangan dan pendekatan konseptual ini, menghasilkan temuan bahwa asas keadilan pada transaksi penyimpanan dana Nasabah di Bank Syariah berdasarkan akad mudharabah diwujudkan dalam bentuk sistem bagi hasil berupa keuntungan dan resiko secara proporsionalitas dan seimbang.        Kata Kunci:Asas Keadilan,  Akad Mudharabah, Penyimpanan Dana Nasabah, Bank Syariah  

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