scholarly journals Kontrak Build Operate Transfer (BOT) sebagai Perjanjian Kebijakan antara Pemerintah dengan Pihak Swasta

2020 ◽  
Vol 9 (1) ◽  
pp. 19-30
Author(s):  
Purbowicaksono Purbowicaksono
Keyword(s):  
Public Policy ◽  
Government Policy ◽  
Civil Law ◽  
Public Law ◽  
The State ◽  
Public Official ◽  
Equal Footing ◽  
Contractual Relationship ◽  
State Administration ◽  
The Government

BOT (Build Operate Transfer) as a form of agreement held by the government policy with private parties is a legal act by the agency or the State administration officials who make public policy as the object of the agreement. Although inherent in him as a body or public official, the government in implementing the contractual relationship with another party (private) legal act is not governed by public law, but based on the laws and regulations of civil law (privaat recht), as the case of legislation that underlie civil legal actions carried out a body of citizens and civil law. The research shows that in a contractual relationship, the government as a party to the BOT contracts have no equal footing with their counterparts. This will be discussed in more depth in the study of law with the approach of juridical normative or study in a BOT contract as an agreement policy.

scholarly journals KONTRAK BUILD OPERATE TRANSFER SEBAGAI PERJANJIAN KEBIJAKAN PEMERINTAH DENGAN PIHAK SWASTA

2011 ◽  
Vol 11 (3) ◽  
Author(s):  
Lalu Hadi Adha
Keyword(s):  
Public Policy ◽  
Key Words ◽  
Government Policy ◽  
Civil Law ◽  
Public Law ◽  
Public Official ◽  
Equal Footing ◽  
Contractual Relationship ◽  
State Administration ◽  
The Government

BOT (Build Operate Transfer) as a form of agreement held by the government policy with private parties is a legal act by the agency or the State   administration officials who make public policy as the object of the agreement. Although inherent in him as a body or public official, the government in implementing the contractual relationship with another party (private) legal act is not governed by public law, but based on the laws and regulations of civil law (privaat recht), as the case of legislation that underlie civil legal actions carried out a body of citizens and civil law. The research shows that in a contractual relationship, the government as a party to the BOT contracts have no equal footing with their counterparts. This will be discussed in more depth in the study of law with the approach of juridical normative or study in a BOT contract as an agreement policy. Key words : BOT contract, agreement, policy

scholarly journals Penerapan Prinsip Hukum Perjanjian dalam Kontrak Kerjasama Pengelolaan Barang Milik Daerah

2020 ◽  
Vol 3 (1) ◽  
pp. 17-28
Author(s):  
Pangestika Rizki Utami
Keyword(s):  
Civil Law ◽  
Public Law ◽  
Property Management ◽  
Regional Government ◽  
Legal Certainty ◽  
Maintenance Costs ◽  
State Administration ◽  
Regional Budget ◽  
The Government ◽  
Government Contract

The purpose of this study is to analyze the legal construction of the Regional Property Management Agreement. Regional property in the form of land and/or buildings and other than land and/or buildings that have been handed over by the user to the manager can be utilized optimally in order not to burden the Regional Budget and Revenues particularly maintenance costs. This article are reviewing several types of agreements by analyzing the application of the legal agreement principles in the cooperation contract  in the management of property in Regional Government of Banyumas Regency. The principles of treaty law which is a concept of civil law applied in the concept of state administration law are interesting because the agreement is in the regulation of private law and public law. Government Contract is a routine legal act of government, to ensure legal certainty for the parties involved required legislation that specifically regulates commercial contracts by the government regarding procedures and authority limits.

scholarly journals BATAS BATAS TANGGUNG JAWAB HUKUM PEJABAT PEMBUAT KOMITMEN TERHADAP KERUGIAN NEGARA DALAM PENGADAAN BARANG / JASA OLEH PEMERINTAH PRINSIP ASAS MASLAHAT

JURISDICTIE ◽  
2017 ◽  
Vol 8 (1) ◽  
pp. 55
Author(s):  
Radian Yudha Pradipta
Keyword(s):  
Criminal Law ◽  
Civil Law ◽  
Legal Liability ◽  
Legal Aspects ◽  
The State ◽  
Literature Study ◽  
State Administration ◽  
Presidential Decree ◽  
The Government ◽  
Unlawful Conduct

<p>Procurement involves huge State money. PPK is a party who has authority in carrying out the procurement of goods. Should there be any irregularities that cause material losses to the State’s finances to be the responsibility of PPK. Article 11 of Perpres No. 4 of 2015 concerning Procurement of Goods / Services The Government in selecting PPK must meet the requirements of either integrity, managerial or competence. This research is a normative research with literature study. The result of this study is that although the limits of the PPK’s legal liability to State Losses in Procurement of Government Goods / Services are not explicitly regulated in Presidential Decree No.4 of 2015 on Procurement of Government Goods / Services, but from several articles, especially in Article 11 , Article 12, Article 13 and Article 122 regulating PPK in the event of a State Loss in Procurement of Government Goods / Services. In the event that PPK committed unlawful conduct in its exercise of authority, the CO shall assume responsibility in accordance with the legal liability of PPK for the State Loss from the legal aspects of State administration, civil law and criminal law.</p>

THE GOVERNMENT POLICY ON INNOVATION AND INVESTMENT DEVELOPMENT

2015 ◽  
Vol 2 (2) ◽  
pp. 0-0
Author(s):  
Ruslan Navrotskyi
Keyword(s):  
Public Policy ◽  
Government Policy ◽  
State Policy ◽  
Innovation Policy ◽  
Journal Article ◽  
The State ◽  
Innovation Development ◽  
Scientific Innovation ◽  
The Government

In this journal article, it is clearly viewed into depth details about the state policy in the field of innovation and investment development. It is also considered the state regulators and scientific innovation. Here will be found the regulatory and legislative acts on which the innovation policy is based. It has also been found the basic sources of financing of innovative cost of the Rivne region for the 2011 – 2014 years. It was found that the main source of financing expenses were own funds of enterprises. It has been analysed the costs of the enterprises on the innovation development, and it also has been developed the measures to improve public policy.

Tinjauan Hukum Putusan Sela dalam Bentuk Schorsing pada Pengadilan Tata Usaha Negara

2017 ◽  
pp. 15-45
Author(s):  
Dezonda R Pattipawae ◽  
Heillen M. Y. Tita
Keyword(s):  
Good Governance ◽  
The State ◽  
Civil Servants ◽  
State Administration ◽  
The Government ◽  
The Postponement ◽  
Laws And Regulations

The postponement of a State Administrative Decision which becomes the object of the dispute may be granted, since there is still a continuous factual action to be taken, namely the appointment of a definitive Regional Secretary, the inauguration or handover of the position of the dismissed Regional Secretary to the appointed Secretary of the Region whose contents as statements (declarations) of submission of all duties, powers and duties. Decree of the Governor of Maluku Number: 125.a Year 2014 dated May 20, 2014 concerning the Transfer of Civil Servants, on behalf of Kapressy Charles, SH. MSi, NIP: 19560911 198603 1 009 from Southwest Maluku District in Tiakur to the Government of Povinsi Maluku in Ambon, so Kapressy Charles, SH. Msi, felt his interest was damaged by the decision issued by the Governor of Maluku as the State Administration Officer. Therefore the concerned filed a lawsuit to the State Administrative Court of Ambon with Case No. 23/G/2014/PTUN.ABN, concerned requested to carry out the postponement of the transfer from the Government of the Southwest Maluku District to the Government of Maluku Province in due to the contradiction of the principles general good governance or prevailing laws and regulations.

“BULYGINSKAYA DUMA”. AGENCY WITHOUT POWER OR POWER OF AGENCY?

2021 ◽  
pp. 32-42
Author(s):  
Sergey S. Novoselskii ◽  
Keyword(s):  
Government Policy ◽  
Electoral System ◽  
Russian Empire ◽  
State Institutions ◽  
Public Figures ◽  
State Administration ◽  
Intellectual Context ◽  
The Government ◽  
The Russian Empire

The article considers the attitude of representatives of the top bureaucracy to the draft of the State Duma, developed by a Special Council chaired by the Minister of the Interior A.G. Bulygin in 1905. Particular attention is paid to the high officials assessments of the dignitaries of the place and role of the Duma in the system of state administration of the Russian Empire, the arguments that officials cited in favor of its convocation. It analyzes intellectual context of the emergence of the “bulyginskaya duma” (“Bulygin Duma”) project is analyzed, which largely determined the breadth of the actual, not declared powers of the people’s agency. The research is based on unpublished documents from the funds of state institutions, as well as materials from the personal funds of officials and public figures. The article shows that, despite the legislative nature of the Duma, it had to have significant powers. The electoral system, which was proposed and defended by the high officials, was originally modeled in such a way as to avoid the triumph of the estates principle. The monarch’s open opposition to the people’s agency was considered a politically short-sighted move, which indicated a limitation of his power. The results of the study allow considering the government policy in 1905 not as an untimely response to public demands, but as a conscious strategy for systemic political reforms.

scholarly journals Jurisdiction of state administration in the procedure of issuing travel documents

2011 ◽  
pp. 241-258
Author(s):  
Zoran Loncar
Keyword(s):  
The State ◽  
Foreign Affairs ◽  
Freedom Of Movement ◽  
Exclusive Jurisdiction ◽  
State Administration ◽  
Administrative Procedures ◽  
Internal Affairs ◽  
The Republic ◽  
The Government

Under the new law on travel documents, in addition to authority that has the Government of Serbia, in terms of issuing travel documents and a shared competence between the Ministry of Internal Affairs and the Ministry of Foreign Affairs depending on the type of travel document in question. Ministry of Foreign Affairs is authorized to issue a diplomatic passport, official passport and travel document, while all other travel documents are issued by the Ministry of Internal Affairs. When it comes to the passport as the most important travel document the jurisdiction of the Ministry of Internal Affairs is fully established. Diplomatic and Consular Missions of the Republic of Serbia abroad can now only receive requests for passport, but the issuance of travel documents of this type is exclusive jurisdiction of the Ministry of Internal Affairs. Such jurisdiction of the state administration in the process of issuing travel documents, along with other novelties which significantly modernize this kind of special administrative procedures should in practice very quickly enable the efficient issuance of travel documents, thus achieving the complete freedom of movement as one of the rights guaranteed by the Constitution to the citizens of the Republic of Serbia.

Legal and Organizational Issues of the Transformation of Public Universities into Non-Profit Organizations in Kazakhstan

2020 ◽  
Vol 9 (3) ◽  
pp. 726
Author(s):  
Bakhyt ALTYNBASSOV ◽  
Zaure ABDUKARIMOVA ◽  
Aigerim BAYANBAYEVA ◽  
Sabit MUKHAMEJANULY
Keyword(s):  
Higher Education ◽  
Public Universities ◽  
Higher Education Institutions ◽  
Civil Law ◽  
The State ◽  
Joint Stock Company ◽  
Stock Company ◽  
Non Profit ◽  
The Government ◽  
The University

This article discusses several legal and economic problems in the process of globalization of higher education in Kazakhstan. To date, the Government of Kazakhstan has issued a resolution on the transformation of 25 national and state universities into non-profit joint-stock companies, as well as amendments to the Civil Code and other current legislation. As a result of this study, it has been found that the concept of a non-profit joint-stock company was first used in Kazakhstan and contradicted the institution of legal entities in civil law. Such changes and amendments in civil law are an unprecedented phenomenon in the legal systems of the Commonwealth of Independent States (CIS) countries. There is also a risk that the transfer of higher education institutions to non-profit joint-stock companies may become the legal basis for the illegal privatization of public universities. The authors suggest that the privatization of higher education institutions has been detrimental to the state, and that reform should be addressed based on administrative and legal considerations and through improved university governance models. The modernization of the governance model of public universities according to modern requirements is beneficial to the state and society. The study analyzes the relationship between the university and its stakeholders based on Freeman’s Stakeholder theory. It also identifies deficiencies in legislation that impede the establishment of partnerships between the university and industrial companies and suggests ways to address them.

scholarly journals Peran Sat Lantas Polres Rembang Dalam Menekan Angka Kecelakaan Lalu Lintas

2018 ◽  
Vol 1 (1) ◽  
Author(s):  
Dadik Purnomo
Keyword(s):  
Public Policy ◽  
Empirical Research ◽  
Research Method ◽  
Traffic Accident ◽  
Traffic Accidents ◽  
Public Official ◽  
The Government ◽  
Special Competence

ABSTRAKJudul dari penelitian ini adalah Peran Satuan Lalu Lintas Polres Rembang Dalam Menekan Angka Kecelakaan Lalu Lintas Dengan Mengedepankan Standar Kompetensi Khusus Penyidik Kecelakaan Lalu Lintas. Tujuan penelitian ini bermaksud mengetahui peran Satuan Lalu Lintas Polres Rembang yang bertindak selaku pejabat publik harus mampu membuat suatu kebijakan publik dalam memberikan pelayanannya kepada masyarakat, penelitian ini menggunakan metode penelitian empiris yuridis. Dengan kesimpulan adanya permasalahan tingginya angka kecelakaan lalu lintas serta tingginya angka fatalitas dari tiap kecelakaan yang terjadi, Satlantas Polres Rembang mengambil suatu kebijakan dalam menjalankan tugas, fungsi dan perananannya sebagai representasi atau perpanjangan tangan dari pemerintah untuk mengatasi permasalahan tersebut.Kata Kunci: Peran Satlantas, Kecelakaan lalu lintas, Penyidik laka lantas.ABSTRACTThe title of this research is the role of Satuan Lalu Polres Rembang traffic accidents rate by prioritizing the special competence standard of traffic accident investigator. Unit of Rembang Polres that act as public official must be able to make a public policy in giving its service to society, this study uses juridical empirical research method. With the conclusion of the problem of the high number of traffic accidents and the high number of fatality of each accident happened, Satlantas Rembang Police take a policy in carrying out its duties, functions and role as a representation or extension of the hand of the government to overcome the problem.Keywords: the role of the traffic unit, traffic accident, ������� traffic accident infestigator.

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