scholarly journals The Handling of the Pandemic Covid 19 in the Consciousness of the Legal Community in Bali

2020 ◽  
Vol 1 (2) ◽  
pp. 55-61
Author(s):  
Yogi Yasa Wedha ◽  
Holy One Singadimedja ◽  
Edy Nurcahyo ◽  
Ahmad Rosidi ◽  
Sara Ida Magdalena Awi
Keyword(s):  
Social Change ◽  
Research Method ◽  
Social Engineering ◽  
Legal Regulation ◽  
Comparative Approach ◽  
Social Culture ◽  
Engineer Society ◽  
Historical Approach ◽  
The Public ◽  
The Law

  This study discusses the legal awareness of the people of Bali are influenced by local wisdom in the face of pendemi covid-19. The purpose of this study is to analyze the success of handling Covid-19 in Bali in conjunction with legal awareness/ social culture of the Balinese people. There are two issues to be discussed, first how the legal regulation of countermeasures and efforts to break the chain of plague Covid-19 in Bali. Second, whether the local genius and social culture that has been there and is inherent in the fabric of Balinese life is effectively help the success of the handling of the Covid-19 in Bali ?The Research method used is normative law research Method reviewing the written law from various aspects, the approach of legislation (statute approach), the historical approach (historical approach), and a conceptual approach (conseptual approuach) and comparative approach (comparative approach) with the writing of descriptive analytical. The results of the research show that the Law is used to direct it to the goal-the desired destination, and creates patterns of behavior of new/social change in line with one of the functions of law, namely the function of the law as a means of social change, or a means to engineer society (social engineering). Tri Hita Karana (THK) as a frame of local wisdom in Bali in the life of indigenous peoples has been attached is the local wisdom that are rooted from culture and the hindu religion be a guideline and reference by the public in Bali to act/ behave this affects the legal awareness of the public to remain obedient and loyal in lawless in the community.

scholarly journals PENERAPAN KODE ETIK NOTARIS DALAM PEMBUATAN AKTA PEMBAGIAN WARIS NO 31 MENURUT UUJN NO 2 TAHUN 2014

2018 ◽  
Vol 1 (1) ◽  
pp. 1859
Author(s):  
Yoki Kurniawan ◽  
Hanafi Tanawijaya
Keyword(s):  
Public Interest ◽  
Research Method ◽  
Code Of Ethics ◽  
Supervisory Board ◽  
The State ◽  
The Public ◽  
The Law ◽  
Laws And Regulations

Notary is a position or ordinary we call as general officials appointed by the State and work to serve the public interest. Not only that, a notary also in carrying out its duties and authority must comply fully with the prevailing laws and regulations in Indonesia. Each position certainly has an ethics in the profession which is called a code of ethics, as well as a notary who has a code of ethics in his profession. But out there masi no notaries who violate the code of ethics as mentioned in the law, In accordance with the title of the author of the adopted method of research used is the normative research method supported by interviews that are expected to help answer the problems of this study. The authors conducted interviews with the supervisory board, notaries, and legal experts. In this case the notary has been declared guilty by the Regional Supervisory Board (MPD) and will proceed the case to the level of sanction by the Regional Supervisory Board (MPW) and after receiving the sanction it will proceed to the next level of Central Assembly (MPP) to be sanctioned which has been granted by the level of the Regional Supervisory Board (MPW).

scholarly journals The Certainty And Legal Protection To The Buyer's Auction Of The Mortgage Right Object On Online Auctions At The Service Of Wealth State Office And Auction (KPKNL)

Jurnal Akta ◽  
2018 ◽  
Vol 5 (2) ◽  
pp. 481
Author(s):  
Arif Budi Pamungkas ◽  
Djauhari Djauhari
Keyword(s):  
Research Method ◽  
Online Auctions ◽  
Legal Protection ◽  
Legal Certainty ◽  
Legal Research ◽  
The Public ◽  
State Office ◽  
The Law ◽  
The Right ◽  
The Way

An auction is an activity of selling of goods in public by means of a verbal-bid to get the higher price or to get lower prices and the price quote can be done in a closed and written. This is done by the way of collecting the prospective buyers of the auction led by officials of the auction. In this case, the intended auction was the sale of goods that are held publicly. The auction, according to the regulations of security right, is when the debtor made a breach, the holder of the security rights have the right to sell the security rights’ objects over its own power through a public auction as well as taking payment of account receivable from the sale proceeds. An auction is an alternative to the sale of an undertaken asset by way of inviting prospective buyers at a particular time and place in which the last highest bidder in writing or orally is determined as the winner. The author used socio-legal research as his research method. To meet the forth standards set by the law, the auction should be widely announced to the public, either through printed file, electronic or visual. A legal certainty as a basis which concerned with propriety and justice is very closely related to the principle of auction sales in another. As the formulation of the problem of the form of identification of the problem, namely how the legal protection of the auction buyers encountered the obstacles as well as the solution.Keywords: Auction; Legal Protection; Mortgage Right

PENYELEWENGAN TUJUAN PENDIRIAN BADAN USAHA PENUNJANG KEGIATAN OLEH LEMBAGA YAYASAN DALAM PERSPEKTIF UNDANG-UNDANG YAYASAN

2020 ◽  
Vol 17 (1) ◽  
pp. 31-43
Author(s):  
Ida Bagus Bayu Brahmantya
Keyword(s):  
Research Method ◽  
Legal Issues ◽  
Comparative Approach ◽  
Legal Research ◽  
Real Effect ◽  
Historical Approach ◽  
Set Up ◽  
Article 5

This research is entitled "Misappropriation of Establishment Objectives of Supporting Business Activities by Foundation Institutions in Foundation Law Perspectives." The background of this research is the opportunity to misuse Foundation institutions that can occur because the Foundation can carry out business activities to achieve the aims and objectives of establishing the Foundation with how to set up a business entity or participate in a business entity. Article 5 of the Foundation Law stipulates that the wealth of the Foundation, including the proceeds of the Foundation's business activities, is the full wealth of the Foundation to be used to achieve the aims and objectives of the Foundation. Criminal provisions against violations of the Article are regulated in Article 70 of the Foundation Law, for those who violate the provisions of imprisonment for a maximum of 5 (five) years and are obliged to return it. Article 6 of the Foundation Law is used as a shield against the prohibition. This study focuses on two legal issues, namely, how is the Foundation's business activities to obtain profits as capital in managing the Foundation according to the Foundation Law? And what about sanctions for misappropriation of a Foundation's business activities according to the Foundation Law? The research method used in analyzing legal issues in this study is the normative legal research method. This normative legal research is carried out using the statutory approach, the historical approach to the comparative approach. Based on the analysis, it is known that the Foundation Law uses the method of prevention by including provisions that do not allow or at least, complicating the misuse of the foundation by the organs of the Foundation. However, in the Foundation Law there is a legal obscurity that affects the attitude and quantity of non-compliance and has a real effect on legal behavior, including the behavior of lawbreakers. Keywords: Foundation, Criminal, Business Entity, Misappropriation.

scholarly journals Z problematyki zakazu reformationis in peius w postępowaniu sądowoadministracyjnym

2019 ◽  
pp. 123-157
Author(s):  
Agnieszka Ciesielska
Keyword(s):  
Legal Regulation ◽  
Administrative Authority ◽  
The Public ◽  
Diffi Cult ◽  
Legal Situation ◽  
The Law ◽  
Administrative Courts ◽  
Court Proceedings ◽  
The Way

The principle of prohibition of reformatio in peius is established in Article 134 § 2 of the Law on Proceedings Before Administrative Courts. According to this provision the administrative court is not allowed to issue a decision to the detriment of the complainant. A judgment adverse to the complainant can be exceptionally issued but only if the court fi nds a violation of the law resulting in the annulment of the challenged act or action. This principle is a procedural institution which ensures that the complainant’s situation will not deteriorate due to the decision of the administrative court. There are many interpretative doubts concerning the prohibition of reformatio in peius in the doctrine and the jurisdiction of the administrative courts. This is because administrative courts very rarely issue a decision on the merits. Decisions of administrative courts are basically of cassation nature. When the administrative court allows a complaint, the contested act is generally eliminated from the system of law and the case is returned for re-examination by the public administrative authority. It is therefore very diffi cult to determine the content of the prohibition of reformatio in peius in administrative court proceedings and in practice the prohibition of a change for the worse is not a real guarantee of the protection of the interests of the complainant. In the author’s opinion, the way of approaching the mechanism of application of the prohibition of reformatio in peius by the administrative courts needs to be changed. And yet, a signifi cant improvement in the eff ectiveness of the protection against the worsening of the complainant’s legal situation will only be possible through the introduction of a new legal regulation restricting the jurisdiction of public administrative authority, which will reconsider the case after the cassation judgment issued by the administrative court.

scholarly journals IMPLEMENTASI ATURAN SATU MOBIL SATU GARASI DI WILAYAH PUCANGAN SURABAYA

2021 ◽  
Vol 17 (2) ◽  
pp. 215-229
Author(s):  
Azahra Haisy Tasya ◽  
Nuzul Shinta Nur Rahmasari
Keyword(s):  
Research Method ◽  
Empirical Methods ◽  
The Public ◽  
The Road ◽  
Valid Data ◽  
Private Car ◽  
The Law

AbstractThis study aims to make the public aware of the importance of awareness of the laws, norms, and ethics that apply in society. With the rule of one garage one car through the perspective of rights and obligations according to the law, it is hoped that the public will have more legal awareness. The research method uses empirical methods by digging information from several supporting sources in the form of interviews and going into the field to find more valid data so that from this research we get final results that provide solutions. The novelty that researchers offer is the imposition of hourly fines for residents who violate the minimum fine of Rp. 20,000 (Twenty Thousand Rupiah), the existence of a new regulation regarding parking, as well as socialization to the community. The lack of legal awareness of the Pucangan residents has led to the neglect of the regulations that have been implemented in their area. There is no place to park their private car. Pucangan residents often park their cars on the shoulder of the road so that it disturbs the comfort of other residents. So there needs to be a regulation in the form of a regional regulation so that residents who still park their cars are given strict sanctions and this rule applies and must be binding on the public.Keywords: garage; parking; regulationAbstrakPenelitian ini bertujuan untuk menyadarkan masyarakat mengenai pentingnya kesadaran hukum, norma, dan etika yang berlaku di masyarakat. Dengan adanya aturan satu garasi satu mobil melalui prespektif hak dan kewajiban menurut undang-undang diharapkan masyarakat memiliki kesadaran hukum yang lebih. Metode penelitian menggunakan metode empiris dengan menggali informasi dari beberapa sumber pendukung berupa wawancara dan terjun ke lapangan untuk mencari data-data yang lebih valid agar dari penelitian ini didapatkan hasil akhir yang memberikan solusi. Kebaharuan yang peneliti tawarkan yaitu pengenan denda per-jam bagi warga yang melanggar dengan denda minimal Rp. 20.000 (Duapuluh Ribu Rupiah), adanya regulasi baru mengenai perparkiran, serta sosialisasi kepada masyarakat Masih kurangnya kesadaran hukum warga Pucangan menyebabkan abainya peraturan yang sudah diberlakukan di wilayahnya. Tidak ada tempat untuk memarkirnya mobil pribadinya dengan sengaja warga Pucangan sering kali memarkirkan mobilnya di bahu jalan sehingga mengganggu kenyamanan warga lain. Sehingga perlu adanya regulasi berupa perda agar warga yang masih memarkirkan mobilnya diberikan sanksi secara tegas dan aturan ini berlaku dan harus mengikat untuk umum.

scholarly journals Efektivitas Pemberantasan Pungutan Liar dalam Pelayanan Publik di Desa Pangsan Kecamatan Petang Kabupaten Badung

2020 ◽  
Vol 1 (2) ◽  
pp. 94-97
Author(s):  
I Putu Putra Ariasa ◽  
Ida Ayu Putu Widiati ◽  
Luh Putu Suryani
Keyword(s):  
Research Method ◽  
Public Services ◽  
Legal Research ◽  
Technical Indicators ◽  
Administrative Services ◽  
The Public ◽  
Work System ◽  
Standard Procedures ◽  
The Law

Illegal levies are a form of crime that is very familiar to the public. Basically, illegal levy and corruption are the same acts where the two acts use power for the purpose of enriching themselves by violating the law. Based on the background of this problem, this research was conducted with the aim of describing the implementation of public services at Pangsan Village office, Petang District and the effectiveness of illegal levies eradication on public services at Pangsan Village office, Petang District. This study employed an empirical legal research method. The results of this study indicated that the implementation of public services at Pangsan Village office, Petang District has met technical indicators in accordance with work procedures. In Pangsan Village, the standard procedures also have the function of forming an orderly, systematic, and accountable work system and workflow. the effectiveness of illegal levies eradication on public services at the Pangsan Village office, Petang District has been very effective through the efforts made to prevent illegal levies in administrative services.

scholarly journals Tinjauan Hukum Islam Pada Edaran Pemerintah dan MUI Dalam Menyikapi Wabah Covid-19 Setelah Pemberlakuan New Normal

2021 ◽  
Vol 7 (1) ◽  
pp. 393
Author(s):  
Cholisa Rosanti
Keyword(s):  
Research Method ◽  
Large Scale ◽  
Islamic Law ◽  
New Normal ◽  
Historical Approach ◽  
The Public ◽  
Normative Approach ◽  
The World ◽  
Pros And Cons ◽  
The Government

This study discusses the Covid-19 virus that is spreading in the world and its handling from the government and MUI after the implementation of new normal according to Islamic law. The government implements a large-scale social restrictions system (PSBB) or social distancing to break the chain of the spread of the covid-19 virus. The government has implemented new normal rules. MUI has issued a notice numbered Kep-1188 / DP-MUI / V / 2020 concerning new normalcy that will be applied by the government such as reopening places of worshipaccording to the health protocol. Nevertheless, this circular is a pros and cons for some people. The purpose of this study is to help the public understand whether the government and MUI circulars in tackling the plague after applying the new normal according to the Shari'a or actually contrary to Islamic Sharia. The research method is the study of literature literature with a normative approach and historical approach. The results of the study showed that the rules imposed by the government and MUI in dealing with the outbreak of Covid-19 pacsa new normal did not disregard Islamic law.

scholarly journals Position Replacement By Inheritee Who Refuses A Heritage According To Heir Civil Law Dan Islamic Heir Law

2018 ◽  
Vol 2 (2) ◽  
pp. 153-165
Author(s):  
Gibtha Wilda Permatasari ◽  
Yuliati Yuliati ◽  
Herman Suryokumoro
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
Civil Law ◽  
Legal Issues ◽  
Comparative Approach ◽  
Legal Certainty ◽  
Inheritance Law ◽  
Research Journal ◽  
The Law

This research journal discusses legal issues relating to the substitution of places made by the heirs who previously rejected the inheritance which falls to him by comparison of the perspectives of civil inheritance law and Islamic inheritance law. Pursuant to Article 848 and Article 1060 of the Civil Code on the replacement of the place by the heirs who reject the inheritance and the notary's role as a general official in providing legal certainty to prevent the issue of inheritance according to the law of civil inheritance and the Islamic inheritance law. The purpose of this research is to know and to analyze whether or not the heirs who have rejected inheritance replace other heirs as well as to know the role of notary in giving legal certainty to prevent problems in the civil inheritance law and Islamic inheritance law. The research method used by the writer is the statue approach and comparative approach. Heirs who reject inheritance under civil law of inheritance cannot change place (plaatsvervulling) because the requirement of replacement of place according to the law of civil inheritance is derived from families of blood in the same degree and not reject the inheritance. The replacement of places in Islamic inheritance law is known as mawali however, Islamic law does not recognize the denial of inheritance only known in the law of civil inheritance.

scholarly journals legal basis of formation of piblic service institution in Ukraine

2021 ◽  
Vol 2021 (2) ◽  
pp. 79-88
Author(s):  
S. О. Nishchymna ◽  
Keyword(s):  
Public Service ◽  
Civil Service ◽  
Legal Regulation ◽  
The State ◽  
Civil Servants ◽  
Professional Activity ◽  
Legal Basis ◽  
The Public ◽  
Service Institution ◽  
The Law

The article analyzes the approaches to the civil service organization in Ukraine and examines the regulations of the civil service establishment since independence time. The attention is payed to the regulatory uncertainty of the separation of civil and public service in Ukraine. It is emphasized that the legal basis of the civil service in Ukraine is determined by the Law of Ukraine “On Civil Service”, which was adopted in 2015. The first such laws were adopted in 1993 and 2011. The Law of Ukraine “On Civil Service” of 1993 for the first time established a special legal status of civil servants – persons authorized to perform state functions. The Civil Service recognized the professional activity of persons holding positions in state bodies and their staff for the practical performance of tasks and functions of the state, receiving salaries at the expense of state funds. The Main Department of the Civil Service under the Cabinet of Ministers of Ukraine was designated as the civil service government body in the state bodies. At that time, the procedure for serving in local self-government bodies was not legally regulated in Ukraine, which hampered the establishment of the public service institution in Ukraine. With the adoption of the Constitution of Ukraine, there was a division of public service into civil service and service in local self-governments. The Laws of Ukraine “On Local Self-Government in Ukraine” and “On Service in Local Self-Government Bodies” became an additional basis for distinguishing types of public service. In 2011, a new Law of Ukraine “On Civil Service” was adopted, which provided for changes in the legal regulation of the civil service in Ukraine. Civil service was recognized as a professional activity of civil servants in preparing proposals for the civil policy formation, ensuring its implementation and provision of administrative services, ie the categories of political positions and positions of civil servants were distinguished. The current legislation defines the role of the civil service and its features, as well as the conditions of service in local governments, which is actually the basis for the public service system formation in Ukraine. Key words: civil service, public service, service in local self-government bodies.

scholarly journals Why the French Don’t Like Headscarves

2008 ◽  
Vol 25 (1) ◽  
pp. 106-108
Author(s):  
Katherine Bullock
Keyword(s):  
Public Schools ◽  
Social Change ◽  
Muslim Women ◽  
Public Spaces ◽  
Public Intellectuals ◽  
Religious Tolerance ◽  
Anglo Saxon ◽  
The Public ◽  
Political Processes ◽  
The Law

Western anthropologists are typically concerned with interpreting thenon-western world’s unfamiliar cultures for western audiences. TheFrench law banning the hijab from public schools presents itself as just asbaffling as any non-western custom. Thus, it is fully understandable thatit would take anAmerican anthropologist to interpret this event, especiallyfor those in Anglo-Saxon cultures, where in spite of Islamophobia anddiscrimination against the hijab, concepts of religious tolerance and multiculturalismhave generally translated into legal protections for womenand girls who wish to wear it in public spaces. So with a catchy titledesigned to appeal to thiswidespread bafflement, the author seeks to explainthe intellectual underpinnings and political processes that led to this banningof “ostentatious” religious symbols in public schools on March 15,2004.Bowen, whose earlier work looked at religion and social change inIndonesia, focuses on the public deliberations about the issue of the hijab aswell as on wider issues related to Muslim integration in France. He interviewspoliticians, bureaucrats, academics, journalists, public intellectuals,Muslim leaders, Muslim women, and (importantly, since it was a missingdimension, as he points out, in the lead up to the law) Muslim high schoolgirls. He studies public texts and focuses especially on the crucial roleplayed by an often hysterical media in forming and firming up public opinionin support of the law ...

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