scholarly journals Analysis of the Juridical Protection of the Most Traditional Health Laws in the Legal Politics of Legislation of Regional Regulations in Indonesia

2021 ◽  
Vol 3 (2) ◽  
pp. 93-99
Author(s):  
Eddy Asnawi
Keyword(s):  
House Of Representatives ◽  
Regional Government ◽  
Legal Research ◽  
Medium Term ◽  
Political Will ◽  
Legal Norms ◽  
Traditional Health ◽  
Strategic Position ◽  
The Government ◽  
Health Laws

Regional regulations are written regulations containing generally binding legal norms established by the Regional People's Representative Council with the joint approval of the Regional Head. The regional legislation program has an important and strategic position in the formation of regional regulations. However, most local regulations actually get rejection from the community until they are revoked by the government. The method used in this research is normative legal research. The process of making local regulations rarely involves the community so that local regulations that are born are often not accepted by the community. The Regional Government and the Regional People's Legislative Assembly should first prepare a regional legislation program to determine the needs of the region and the needs of the community, then make regional regulations that are in accordance with the Regional Medium-Term Development Plan or Regional Strategic Plan. Therefore, there must be political will from the Regional Government and the Regional House of Representatives to establish cooperation with universities in conducting studies on a problem so that it becomes an academic text that is ready to be ratified into a regional regulation.

scholarly journals Konsep Badan Hukum Perhimpunan Baitul Maal Wat Tamwil (BMT) Sebagai Penguatan Hukum Ekonomi Kerakyatan

2019 ◽  
Vol 19 (2) ◽  
pp. 233
Author(s):  
Erisa Ardika Prasada ◽  
Joni Emirzon ◽  
K.N Sofyan Hasan
Keyword(s):  
Economic Activity ◽  
General Rule ◽  
Civil Code ◽  
Legal Research ◽  
Legal Entity ◽  
Legal Norms ◽  
Legal Principles ◽  
Gradual Process ◽  
The Law ◽  
The Government

Baitul Maal wat Tamwil (BMT) was established and developed with a gradual process of legal legality, namely BMT in which its legal entity was not yet known, BMT that had not had a legal entity, and BMT that had a diverse legal entity. This writing aimed at analyzing the concept of legal strengthening of BMT in Indonesia. This type of legal research was normative legal research on legal principles and legal systematics. Based on the discussion, it was concluded that BMT could be a legal entity because it had fulfilled the requirements requested by legislation, namely the general rule of Article 1653 of the Civil Code which stated that in addition to genuine civil fellowship, the law also recognized assembly of people as legal entity, both held or recognized by the government, or the assembly was accepted as permitted, or had been established for a specific purpose that was not contrary to law or good morality. Juridical considerations for BMT institutions were legal legality for every sharia economic activity and the variety and partial legal norms of BMT.

scholarly journals Openness of Public Information at Regional Representative Institutions In Carrying out the Function of the Regional House of Representatives

Jurnal Common ◽  
2020 ◽  
Vol 3 (2) ◽  
pp. 167-179
Author(s):  
Mahi M Hikmat
Keyword(s):  
Data Analysis ◽  
Policy Implementation ◽  
House Of Representatives ◽  
Qualitative Method ◽  
Public Information ◽  
Main Function ◽  
Legal Research ◽  
Information Transparency ◽  
The Status ◽  
The Government

Law No. 14 of 2008 on public information transparency (KIP), must implement the information transparency.  One of the Government Public Councils whose accessibility of information transparency to public is Regional House of Representatives (DPRD).  DPRD has two different functional structures, consisting of leadership with DPRD complementary organs and secretariat. DPRD should have strategy in the implementation of KIP and it was in the study entitled The Policy Implementation of Regional House of Representatives in Public Information Transparency. Inductive data analysis was conducted through of the data simplification processes into a more readable and interpretable form.  This study employed the statutory approach and descriptive qualitative method to reveal the strategies applied by DPRD in implementing KIP.  This normative legal research took data from regulation of law relating to KIP. The result of the study shows that the law of KIP provides an obligation to DPRD as an "object" or a "subject". DPRD is “Dual of Public Council", leadership—complementary organs of DPRD and secretariat who are authorized to determine the status of information.  The strategies implemented by DPRD consisting of strengthening the implementation of KIP, asserting the differentiation of DPRD and secretariat position, and supporting KIP with the main function of DPRD.

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 Perlindungan Hukum Tentang Pengembangan Pelabuhan Di Daerah Sesuai Undang-Undang tentang Pelayaran Kaitannya dengan Undang-Undang tentang Pemerintahan Daerah

2020 ◽  
Vol 2 (2) ◽  
pp. 132-147
Author(s):  
Patartua H. Sitompul ◽  
Mirza Nasution ◽  
Dedi Harianto ◽  
Ridho Mubarak
Keyword(s):  
Local Governments ◽  
Government Regulation ◽  
Legal Protection ◽  
Regional Government ◽  
Legal Compliance ◽  
Legal Research ◽  
Government Regulations ◽  
Regional Autonomy ◽  
Legal Norms ◽  
Master Plans

The problems in this research are: First, how is legal protection, legal compliance and overcoming problems regarding the management of ports in the regions according to Law Number 23 of 2014 concerning Regional Government and its relation to Law Number 17 of 2008 concerning Shipping. The method used in this research is normative legal research, namely research that refers to legal norms and principles contained in statutory regulations and government regulations. The result of the research is that Law Number 17 of 2008 concerning Shipping contains articles that regulate ports which require further regulation in the form of a Government Regulation. The law establishes a system of port authority that will carry out a regulatory role, end state-owned monopoly control over port services, and require the development of national and regional port master plans. Legal protection in implementing regional autonomy is in accordance with the enactment of Law Number 23 of 2014 concerning Regional Government, legal protection for the implementation of various government affairs in the framework of serving the community and managing natural resources. The problems that have arisen in the management of ports in the regions so far are conflicts of use and power. It is hoped that the efforts to deal with these problems can be carried out reactively, meaning that local governments can carry out conflict resolution, mediation or deliberation in dealing with these problems.

scholarly journals KONSISTENSI PEMERINTAH INDONESIA DALAM POLITICAL WILL PASCA KEIKUTSERTAAN RATIFIKASI PERJANJIAN INTERNASIONAL DI BIDANG HAM

Jurnal Hukum ◽  
1970 ◽  
Vol 28 (2) ◽  
pp. 1025
Author(s):  
Wahyu Nugroho
Keyword(s):  
Human Rights ◽  
Action Plan ◽  
Logical Consequence ◽  
National Level ◽  
Legal Research ◽  
International Human Rights ◽  
Political Will ◽  
Directorate General ◽  
International Human ◽  
The Government

Commitment or often termed the government's political will to implement and enforce the rights of the ratification of several international human rights instruments are still being encouraged and is a logical consequence of the ratification of human rights. At the national level, there are government programs through the National Action Plan human rights ideal, but at the regional / local, still going violations of human rights and the implementation of a slightly run due to differences in the interpretation of the meaning of human perception among law enforcement, people’s (civil society) and the government.In this study, the observed variables are: first, the consequences of the government's participation in the ratification of treaties on human rights, which is then transformed into national legislation. Here, researchers are more focused on the political will of the government, and second, people's perception of human rights before the government took part in the ratification of treaties on human rights and the changes are positive or merely lip service and political imagery alone.Approach or method that is applied using a socio-legal research or empirical legal research. Key informants of this research is the Head of the sub-directorate of economic, social, cultural and development at the Directorate General for Multilateral Directorate of Human Rights and Humanitarian Ministry of Foreign Affairs, Head of legal harmonization in the Directorate General of Human Rights of the Ministry of Law and Human Rights, Commissioner Assessment and Counseling sub Commission on Human Rights at the National Commission on Human Rights and Resource Development Deputy Head of Human Rights in ELSAM (Institute for Policy Research and Advocacy). Interviews using questionnaires and interviewKeywords : Political will, government, ratification, treaty, international human rights.

scholarly journals Capaian Program Legislasi Aceh

2020 ◽  
Vol 22 (2) ◽  
pp. 197-214
Author(s):  
Basri Effendi ◽  
Sufyan Sufyan
Keyword(s):  
Human Resources ◽  
Qualitative Data ◽  
Good Governance ◽  
The Political ◽  
Regional Government ◽  
Legal Basis ◽  
Political Will ◽  
Target Number ◽  
Legal Policy ◽  
The Government

Penelitian ini bertujuan menganalisis capaian program legislasi daerah dari aspek politik hukum. Program tersebut dilaksanakan setiap tahun lembaga eksekutif dan legislatif sebagai bentuk legal policy dalam menyusun suatu program, yang mana setiap program tersebut membutuhkan landasan hukum yang konstitusional. Hal ini juga menjadi salah satu indikator tercapainya good governance dalam penyelenggaraan pemerintahan daerah. Dengan menggunakan metode penelitian yuridis empiris dan análisis data kualitatif, penelitian ini menemukan bahwa tingkat keberhasilan pembahasan Program legislasi daerah di Aceh hanya 24,66% per/tahun. Ada pelbagai kendala yang menghambat pelaksanaan program legislasi daerah di Aceh, diantaranya adalah anggaran yang minim, political will yang tidak kuat, terbatasnya sumber daya manusia dengan waktu yang tersedia, serta tidak realistisnya antara jumlah qanun usulan Prolegda dengan kemampuan penyelesaian. Pemerintah dan DPR harus lebih realistis dalam menetapkan jumlah target legislasi daerah tiap tahun.  Achievement of Aceh Legislation Programs This study aims to analyze the achievements of the regional legislative program from the political law aspects. The program is carried out annually by the executive and legislative bodies as a form of legal policy in developing a program where each of which requires a constitutional legal basis. This is also one indicator of the achievement of good governance in the administration of regional government. Using empirical juridical research methods and qualitative data analysis, this study found that the success rate of discussion of the regional legislative program in Aceh was only 24.66% per year. There are various obstacles that hamper the implementation of the regional legislation program in Aceh, including a minimal budget, insufficient political will, limited human resources and time, and an unrealistic number of Prolegda's proposed qanuns and the ability to resolve the proposal. The government and Parliament should be more realistic in setting the target number of regional legislation each year.

scholarly journals Living Constitution in Indonesia: The Study of Constitutional Changes Without A Formal Amendment

Lentera Hukum ◽  
2020 ◽  
Vol 7 (1) ◽  
pp. 69
Author(s):  
Muhammad Addi Fauzani ◽  
Nur Aqmarina Deladetama ◽  
Muhammad Basrun ◽  
Muhammad Khoirul Anam
Keyword(s):  
House Of Representatives ◽  
The State ◽  
Constitutional Amendment ◽  
Constitutional Court ◽  
Constitutional Change ◽  
Political Will ◽  
Constitutional Convention ◽  
State Institutions ◽  
The Government ◽  
Constitutional Changes

The discussion regarding the living constitution in Indonesia has been increasingly important. The importance of this discussion deals with to the extent it has developed, particularly after Indonesia's constitutional amendment from 1999 to 2002. The current study of constitutional change in Indonesia, as a result of the constitutional amendment during Reformation, adds an emphasis on its change without a formal amendment. Thus, this paper will discuss the urgency of enforcing the amended 1945 Constitution in the lens of the living constitution and how to uphold it through the living constitution. This study uses doctrinal research and, in examining the case, it uses the statutory and conceptual approaches. The result of the study shows that the urgency of upholding the constitution through the living constitution relies on the concept of the living constitution that can dynamize the 1945 Constitution. In response to difficulties to formally amend the 1945 Constitution that depends on political will and rigid juridical condition, there should be a shift in the method of interpretation of the constitution by the Constitutional Court judges, from originalism to the living constitution. The enforcement of the 1945 Constitution through the living constitution can apply the constitutional convention and the interpretation by constitutional judges. This study suggests that the Government and the House of Representatives and other relevant state institutions can use the living constitution, by taking into account the constitutional convention is a source in the organization of the state to patch up the weaknesses of the constitution. Keywords: Living Constitution, Constitutional Changes, Formal Amendment.

scholarly journals Kedudukan Hak Angket sebagai Fungsi Pengawasan terhadap Penyelenggaraan Negara

2020 ◽  
Vol 2 (2) ◽  
pp. 113-122
Author(s):  
Sri Amlinawaty Muin
Keyword(s):  
House Of Representatives ◽  
Research Method ◽  
Legal Research ◽  
Research Results ◽  
State Administration ◽  
The Law ◽  
The Government ◽  
The Right ◽  
Council House

Tujuan Penelitian untuk menganalisis kedudukan hak angket sebagai fungsi pengawasan terhadap penyelenggaraan negara. Metode Penelitian yang digunakan adalah metode penelitan hukum mormatif. Hasil penelitian bahwa  Hak Angket Dewan Perwakilan Rakyat (Pasal 20A ayat (2)) mengatur dan merekomendasikan diatur dengan Undang-Undang dengan asumsi dan dengan keinginan Dewan Perwakilan Rakyat dalam Sistem Pemerintahan Presidensil adalah juga Parlemen harus punya hak sebagai bagian dari Fungsi Pengawasan yang dimiliki Dewan Perwakilan Rakyat. Hasil Penelitian menunjukkan penggunaannya cenderung royal bahkan sasarannya melebar menjadi alat penekan terhadap Pemerintah. Ini terjadi sebagai akibat belum diaturnya dalam Undang-Undang tentang Hak Angket. The purpose of the study was to analyze the position of the questionnaire right as a function of supervision of state administration. The research method used is a normative legal research method. The results of the study that the House of Representatives' Questioning Rights (Article 20A paragraph (2)) regulates and recommends are regulated by law with the assumption and with the wishes of the House of Representatives in the Presidential Government System that the Parliament must have the right as part of the Oversight Function owned by the Council House of Representatives. Research results show that their use tends to be royal even the target is widening to be a pressure tool on the Government. This happened as a result of not having been regulated in the Law on Questionnaire Rights.

EFEKTIVITAS PEMBELAJARAN PENDIDIKAN DAN PELATIHAN LATIHAN DASAR (LATSAR) MELALUI COACHING FASILITATOR P ADA BPSDMD PROVINSI NUSA TENGGARA TIMUR

2018 ◽  
Vol 14 (2) ◽  
Author(s):  
P. Pieter Djoka
Keyword(s):  
House Of Representatives ◽  
Civil Servants ◽  
Successful Implementation ◽  
Regional Government ◽  
Government Employees ◽  
Literature Study ◽  
Training Materials ◽  
Service Training ◽  
The Government ◽  
Training Need

The year 2014 becomes a very important moment for the local government because it was published Law Number 23 Year 2014 on Regional Government. In the same year, the Government and House of Representatives (DPR) issued Law Number 5 Year 2014 on State Civil Apparatus or abbreviated ASN. In Law no. 5/2014 mentioned that ASN consists of Civil Servants (PNS) and Government Employees with Work Agreement (PPPK). In this article, the discussion is only emphasized on the management of civil servants, especially Learning Preparatory Training through Coaching Facilitator. The method of writing using qualitative methods, with data collection in the form of interviews and literature study. Based on the analysis and discussion that has been done, there are some recommendations that need to enforce the implementation of curriculum / training materials in accordance with the provisions of legislation, need to conditioning and increase the motivation of pre-service training participants to support the training objectives, need to increase the ability Widyaiswara as educators, teachers, and trainers of pre-service training, need selection and application of learning methods of pre-service training in accordance with the training materials given to the pre-service training participants, and the fulfillment of infrastructure and training facilities in order to support the successful implementation of pre-service training.Keywords: Effectiveness, Preparatory Training, Coaching Facilitator, East Nusa Tenggara.

scholarly journals PERENCANAAN PEMBANGUNAN DAERAH DALAM ERA OTONOMI DAERAH

2020 ◽  
Vol 6 (1) ◽  
pp. 56
Author(s):  
Saeful Kholik
Keyword(s):  
Regional Development ◽  
Regional Planning ◽  
Policy Development ◽  
Local Governments ◽  
Development Planning ◽  
Regional Government ◽  
Legal Research ◽  
Regional Autonomy ◽  
Development Plans ◽  
The Government

Law Number 23 Year 2014 concerning Regional Government expressly wants that in this era of centralized regional government system towards decentralization, regional government and the community as well as all stakeholder components. The government must be able to direct various policies in the form of a framework for the implementation of regional autonomy policies at a point of accelerating the welfare of society through improving public services and optimizing the participation of the community in the process of regional autonomy in development.The author in this study wants to examine and analyze further the urgency of regional development planning in the era of regional autonomy and the obstacles and strategies for implementing regional development plans in the era of regional autonomy.The research method used is normative legal research, namely legal research carried out by examining library materials or secondary legal materials while the problem approach is carried out using a legal approach and conceptual approach.Development planning in a country or society that can be cultivated starting from the economy, natural resources. Human Resources and Infrastructure because the output of regional development planning is that local governments must encourage the achievement of a development plan based on regional planning. The preparation of the plan will always face obstacles in the form of unwillingness and the inability of the compiler to capture the philosophy and autonomization of the region. Keywords: Regional Government, Policy, Development Planning.

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