scholarly journals Application of Economic Equilibrium Principles in Power Purchase Agreement between PT PLN and Public Private Partnership

2021 ◽  
Vol 04 (06) ◽  
Author(s):  
Rachmani Aprilia Sari ◽  
Keyword(s):  
Public Interest ◽  
Power Plants ◽  
Economic Equilibrium ◽  
Government Policies ◽  
Private Companies ◽  
Private Partnership ◽  
The Public ◽  
The Government ◽  
Increasing Demand ◽  
Electricity Infrastructure

The purpose of this study was to analyze the implementation of cooperation between PT. PLN and private companies. The scope of his research is the provision of electricity infrastructure, which is one of the supporting sectors f or economic growth. The government is currently promoting this policy to meet the increasing demand for electricity. PT. PLN as a State Owned Enterprise (BUMN) is the implementer of government policies in terms of electricity that is still unable to meet the availability of electricity. Based on this, the government provides opportunities for the private sector to participate in the business of providing electricity for the public interest by utilizing Renewable Energy (EBT). The findings of this study are that electricity is generated through power plants owned by private companies and the result is that electricity is sold to PT. The research was carried out in a normative juridical manner with data obtained from electricity and tariff regulations, literature books and journals, public-private cooperation contracts. The results of this study are the application of the principle of economic equilibrium in the Power Purchase Agreement contract between the Government, namely PT PLN (Persero) and the private partnership.

scholarly journals Pengawasan terhadap Kebijakan Pemerintah Melalui Mekanisme Citizen Lawsuit

2018 ◽  
Vol 14 (4) ◽  
pp. 906
Author(s):  
Cholidin Nasir
Keyword(s):  
Public Interest ◽  
Judicial Review ◽  
Class Action ◽  
Government Policies ◽  
Constitutional Court ◽  
State Law ◽  
Judicial Control ◽  
The Public ◽  
The Government ◽  
Settlement Of Disputes

Salah satu unsur terpenting negara hukum menurut Sri Soemantri adalah pengawasan dari badan-badan peradilan. Salah satu bentuk pengawasan adalah judicial review yang dilakukan oleh Mahkamah Agung dan Mahkamah Konstitusi. Namun, tidak semua tindakan pemerintah berdasarkan peraturan perundang-undangan yang telah ada. Beberapa tindakan atau kebijakan pemerintah justru lahir lebih dahulu sebelum adanya peraturan perundang-undangan yang mengatur dan bahkan beberapa peraturan perundang-undangan dibentuk untuk melahirkan kebijakan pemerintah yang justru merugikan warga negara.Terkadang sengketa hukum terjadi bermula dari kebijakan yang dikeluarkan oleh pemerintah, yangseharusnya mempertimbangkan kepentingan umum atau kepentingan orang banyak (publik)dan bukan hanya kepentingan orang per orang saja, namun kenyataannya banyak terjadi suatu kebijakan merugikan kepentingan umum, sehingga acapkali kepentingan umum diabaikan yang pada akhirnya kepentingan umum tidak lagi menjadi prioritas utama. Hal inilah yang menjadi penyebab pelanggaran hukum yang dilakukan oleh penguasa. Terjadinya pelanggaran hukum inilah yang menimbulkan daya dorong bagi masyarakat untuk ikut berperan serta dalam upaya menyelesaikan sengketa guna menegakkan hukum.Dalam tulisan ini penulis hanya akan membahas penyelesaian melalui badan peradilan sebagai salah satu syarat dari negara hukum (rechtstaat) yaitu judicial control. Badan peradilan merupakan suatu badan yang memegang peranan penting dalam penyelesaian sengketa. Salah satu gugatan kelompok yang dilakukan oleh para pencari keadilan adalah gugatan citizen lawsuit;One of the most important elements of state law by Sri Soemantri is the supervision of the judicial authorities. One form of oversight is judicial review conducted by the Supreme Court and the Constitutional Court. However, not all government action based on legislation that has been there. Some activities or government policies born before the legislation that governs and even some legislation established to give birth to government policies that harm the citizens. Sometimes a legal dispute occurs stems from policies issued by the government, which should take into consideration the public interest or the interests of many (public) and not just the interests of individuals. There were many cases of a policy detrimental to the public interest so that often the public interest is ignored that the ultimately the public interest is no longer a top priority. This is the cause of the violation committed by the authorities. Violations of the laws are what caused the impetus for the public to participate in efforts to resolve the dispute to enforce the law. In this paper, the authors will only discuss a settlement through the judiciary as one of the requirements of state law (rechtstaat) is judicial control. The judiciary is a body that plays important role in the settlement of disputes. One of a class action carried out by those seeking justice is a citizen lawsuit.

scholarly journals The Principles of Good Government in Suppressing Corruption

2019 ◽  
Vol 5 (1) ◽  
pp. 1-16
Author(s):  
Binov Handitya
Keyword(s):  
Public Interest ◽  
Good Governance ◽  
Government Policies ◽  
Legal Certainty ◽  
Public Officials ◽  
Good Service ◽  
The Public ◽  
Government Administration ◽  
Good Government ◽  
The Government

This paper discusses the application of The Principles Of Good Government, or what we often know with the General Principles of Good Governance (AUPB) in the implementation of government policies, needs to be improved. As a form of filter that is able to filter out any government administration so that it can be free from the snare of corruption. Public officials or implementers must be emphasized in understanding in depth the principles contained in the AUPB to be applied in providing services to the public / community. There are at least 8 (eight) principles attached to the AUPB based on the Government Administration Law, among others: the principle of legal certainty, the principle of expediency, the principle of impartiality, the principle of accuracy, the principle of not abusing authority, the principle of openness, the principle of public interest and the principle of good service.

Tanggung Jawab Hukum Penilai Publik terhadap Laporan Penilaian Kegiatan Pengadaan Tanah bagi Pembangunan untuk Kepentingan Umum (Studi Atas Kantor Jasa Penilai Publik Toto Suharto)

2020 ◽  
Vol 2 (1) ◽  
Author(s):  
Gagah Yaumiyya Riyoprakoso ◽  
AM Hasan Ali ◽  
Fitriyani Zein
Keyword(s):  
Future Development ◽  
Public Interest ◽  
Legal Responsibility ◽  
Legal Research ◽  
The Public ◽  
The Government ◽  
Conducting Research ◽  
The Right ◽  
The Relationship ◽  
Systematic Explanation

This study is based on the legal responsibility of the assessment of public appraisal reports they make in land procurement activities for development in the public interest. Public assessment is obliged to always be accountable for their assessment. The type of research found in this thesis is a type of normative legal research with the right-hand of the statue approach and case approach. Normative legal research is a study that provides systematic explanation of rules governing a certain legal category, analyzing the relationship between regulations explaining areas of difficulty and possibly predicting future development. . After conducting research, researchers found that one of the causes that made the dispute was a lack of communication conducted between the Government and the landlord. In deliberation which should be the place where the parties find the meeting point between the parties on the magnitude of the damages that will be given, in the field is often used only for the delivery of the assessment of the compensation that has been done.

Normative Juridical Review Comparison of Land Acquisition Regulations for Railway Infrastructure between Indonesia and Malaysia

2020 ◽  
Vol 4 (1) ◽  
Author(s):  
Dhina Setyo Oktaria ◽  
Agustinus Prasetyo Edi Wibowo
Keyword(s):  
Public Interest ◽  
Influencing Factor ◽  
Land Acquisition ◽  
Infrastructure Development ◽  
The Public ◽  
Indonesian Government ◽  
The People ◽  
Railway Infrastructure ◽  
The World ◽  
The Government

Land acquisition for public purposes, including for the construction of railroad infrastructure, is a matter that is proposed by all countries in the world. The Indonesian government or the Malaysian royal government needs land for railroad infrastructure development. To realize this, a regulation was made that became the legal umbrella for the government or royal government. The people must agree to regulations that require it. Land acquisition for public use in Malaysia can be completed quickly in Indonesia. The influencing factor is the different perceptions of the understanding of what are in the public interest, history and legal systems of the two countries as well as the people's reaction from the two countries

scholarly journals Analisis Risiko Pengadaan Tanah Untuk Eksplorasi dan Eksploitasi Minyak dan Gas Bumi (Studi Kasus : PT.Pertamina EP- Paku Gajah Development Project)

2020 ◽  
Vol 1 (I) ◽  
pp. 93-126
Author(s):  
Presetyo Firgianto ◽  
Prof. Dr. S. Pantja Djati, M.Si., MA
Keyword(s):  
Public Interest ◽  
Oil And Gas ◽  
Development Project ◽  
Gas Production ◽  
Land Acquisition ◽  
Government Programs ◽  
Oil And Gas Production ◽  
The Public ◽  
The Government ◽  
Quantitative Descriptive

Upstream oil and gas activities both searching up to oil and gas production are government programs where activities are regulated in legislation. Before drilling, to obtain oil and gas reserves, the need for land for drilling activities is a step that must be passed. Since the upstream oil and gas activities are government programs, the government guarantees the availability of land for such activities that can be classified into the public interest and set forth in Law No. 2 of 2012 on Land Procurement for Development for the Public Interest.               The formulation of the problem in this research is : How the stages of activities Land acquisition for the public interest PT.Pertamina EP - Paku Gajah Development Project?, What are the opportunities and impacts at each stage of the activity ? Land acquisition for public interest PT.Pertamina EP - Paku Gajah Development Project ?, and How is the mitigation effect of each stage of Land Acquisition activities for This research uses semi-quantitative descriptive method. The data collection tool used is questionnaire with liekert scale (1-5). The results of this study indicate that the stages of land acquisition for the public interest consists of planning, preparation, implementation, and delivery of results.

scholarly journals Atuação das organizações sociais na administração dos serviços de saúde: eficiência e seu instrumento de concretização do direito fundamental a saúde - Action of social organizations in the administration of health services

2019 ◽  
Vol 1 (2) ◽  
Author(s):  
Laura Garbini Both ◽  
André Rodrigues Meneses
Keyword(s):  
Social Services ◽  
Public Interest ◽  
Economic Sector ◽  
Public Authorities ◽  
Private Partnership ◽  
The Public ◽  
Social Organizations ◽  
The Subject ◽  
Article 5 ◽  
Percentage Data

<p>O presente trabalho objetiva analisar a atuação, legalidade e eficiência das organizações sociais. Uma vez que, esta tem sido motivo de intensos questionamentos, por parte daqueles que não enxergam benefícios na criação de um terceiro setor econômico. Há quem defenda que, é dever exclusivo do poder público, executar e fiscalizar os serviços sociais. A contrário senso há quem defenda uma publicização dos serviços que não são executados apenas pelo poder estatal, mas também pelo setor privado. Sendo assim, porque contrariar uma parceria publico-privada que só objetiva trazer benefícios para a população brasileira?</p><p>No decorrer deste estudo, será respondido tal questionamento, por meio de reflexões acerca das discussões e alegações de inconstitucionalidade da lei 9.637/98, de parte da lei de licitações ─ 8.666/93. Bem como, da suposta violação dos seguintes preceitos constitucionais: artigo 5ª, XVII e XVIII; artigo 22, XXVII; artigo 23; artigo 37, II, X e XXI; artigo 40, caput e § 4º; artigos 70, 71 e 74; artigo 129; artigo 169; artigo 175; artigo 196; artigo 197; artigo 199, § 1º; artigo 205; artigo 206; artigo 208; artigo 209; artigo 215; artigo 216, § 1º; artigo 218 e artigo 225. Onde será comprovado por meio de dados percentuais a eficiência e os benefícios advindos da sua criação.</p><p> </p><p> </p><p> </p><p>This paper aims to analyze the performance, legality and efficiency of social organizations. Since this has been the subject of intense questions from those who do not see benefits in the creation of a third economic sector. There are those who argue that it is the exclusive responsibility of the public authorities to execute and supervise social services. On the contrary, there are those who advocate an advertisement of services that are not only carried out by state power, but also by the private sector. So, why oppose a public-private partnership that only aims to bring benefits to the Brazilian population?</p><p>In the course of this study, this question will be answered, through reflections on the discussions and allegations of unconstitutionality of Law 9.637 / 98, part of the law of bidding - 8.666 / 93. As well as the alleged violation of the following constitutional precepts: Article 5, XVII and XVIII; article 22, XXVII; Article 23; Article 37, II, X and XXI; article 40, caput and paragraph 4; Articles 70, 71 and 74; article 129; Article 169; article 175; Article 196; article 197; article 199, paragraph 1; Article 205; Article 206; article 208; Article 209; Article 215; article 216, paragraph 1; article 218 and article 225. Where will be proven by means of percentage data the efficiency and the benefits coming from its creation.mptions that justify the use of them with greater efficiency in the achievement of the public interest.</p>

scholarly journals Analisa Yuridis Implementasi Pengadaan Tanah Untuk Pembangunan Infrastruktur Pekerjaan Umum

2020 ◽  
Vol 5 (2) ◽  
pp. 86-99
Author(s):  
◽  
Triana Dewi Seroja ◽  
Mukhtirili Mukhtirili ◽  
Keyword(s):  
Public Interest ◽  
Public Works ◽  
Land Acquisition ◽  
Director General ◽  
Infrastructure Development ◽  
The Public ◽  
Location Determination ◽  
Preparation Stage ◽  
The Government ◽  
Forest Status

This thesis discusses the Implementation of Land Procurement for Development in the Public Interest in the Construction of the Kawal Reservoir Infrastructure, which was built by the Ministry of Public Works of the Director General of Water Resources. The background used is the issuance of regulations regarding land acquisition in the form of Law No. 2. In 2012, which is quite comprehensive regulates and facilitates the process of land acquisition for development in the public interest. This law has been revised 4 times in the form of a Perpres from the Presidential Regulation No. 71 of 2012 to the latest Presidential Regulation No. 88 of 2017 as a refinement and consistency of the government in the policy of accelerating infrastructure development. But the fact is that national land acquisition is still the second biggest inhibiting factor, 30%. Kawal Reservoir is an infrastructure development in the field of public works has become a polemic, starting from the systems and procedures for land acquisition, the policies issued by the parties, the substance of the problem, as well as the apparatus' view of the land acquisition itself. The implementation of land acquisition for development in the public interest is in accordance with Law No. 2 of 2012 on the construction of the guarding reservoir infrastructure, which at present is still continuing to stop its physical development at the preparation stage. Problems in the form of forest status functions, overlapping ownership, and the existence of the Governor of Riau Islands Province Decree regarding Location Determination are obstacles that are passed through the Spatial Planning and Land Affairs apparatus in carrying out their main duties and functions. The phenomena that exist in the background of the problem will be integrated with the literature, conceptual and frame of mind developed. Research using Empirical / Sociological Legal Research methods.

scholarly journals Public awareness and their attitudes toward adopting renewable energy technologies in Afghanistan

2021 ◽  
Vol 4 (2) ◽  
pp. 82-91
Author(s):  
Mohammad Hamed Patmal ◽  
Habiburrahman Shiran
Keyword(s):  
Renewable Energy ◽  
Public Awareness ◽  
Public Attitudes ◽  
Electrical Energy ◽  
Public Understanding ◽  
Government Policies ◽  
The Public ◽  
Renewable Energy Technologies ◽  
Energy Technologies ◽  
The Government

This research investigates the factors that potentially affect public attitudes and their adoption of renewable energy technologies for electrical energy production in Afghanistan. The study is carried out with a survey from Kabul and its neighboring provinces including Logar, Maidan Wardak, Nangarhar, Ghazni, Parwan & Kapisa provinces. We used a random sampling process to collect data using a web-based questionnaire. The survey was well designed to highlight conveniently the public understanding, willingness, and attitudes toward adopting renewable energy technologies (RETs). The outcome of the survey is then evaluated to discover the most potential factor affecting public acceptance of RETs. The results declared that the educational level, expertise in RETs, and income of respondents are positively related, while the age of respondents is negatively related to the public willingness on the use and investment in RETs. The majority of respondents have used one type of RETs, however, 23 % of respondents have not used any type of RETs. Study shows that the RETs use and access to grid electricity are reversely related, where the access is lower, the RETs use is higher and vice versa. Most of the respondents were not well informed and most disagreed with the government policies on RETs, therefore, public awareness programs on RETs and government policies are recommended. The majority of respondents were willing to invest in RETs, therefore, the government should commit itself and support private sectors to invest in RETs and take part in its development.

scholarly journals Regulating Private Higher Education in South Africa

2015 ◽  
Author(s):  
Chika Sehoole
Keyword(s):  
Higher Education ◽  
South Africa ◽  
Financial Crises ◽  
Global Financial Crisis ◽  
Private Higher Education ◽  
Private Companies ◽  
The Public ◽  
The Government ◽  
Laws And Policies ◽  
The Global Financial Crisis

This article makes case of how South Africa has been able to use its laws and policies to achieve its objectives of regulating private higher education. This happened in the context of an ascendancy of neo-liberal policies which favoured deregulation and the rolling back of the state. Through these policies the government was able to protect the public even during the global financial crisis as it had registered credible and financially sound institutions which could weather off the financial crises which affected many private companies worldwide.

scholarly journals Sustainable and Optimal “Uniqueness” Contract in Public-Private Partnership Projects of Transportation Infrastructure

2020 ◽  
Vol 2020 ◽  
pp. 1-14
Author(s):  
Yingjun Zhu ◽  
Zhitong Gao ◽  
Ruihai Li
Keyword(s):  
Social Welfare ◽  
Public Private Partnership ◽  
Transportation Infrastructure ◽  
Private Capital ◽  
Equilibrium Relation ◽  
Private Partnership ◽  
The Public ◽  
Welfare Losses ◽  
The Government ◽  
The Impact

To control the “uniqueness” risk in Public-Private Partnership (PPP) projects of transportation infrastructure, we design a simplified “uniqueness” contract model by incorporating the impact of the initial investment which is based on the Bertrand model. The nonlinear programming method is adopted to derive the optimal “uniqueness” contracts for incumbent private capital, the public, and the social welfare, respectively. The simulation results show that the achievement of the optimal “uniqueness” contract is essentially the result of a compromise between the private capital, the public, and social welfare. The extent to which such a contract reduces the probability of “uniqueness” risk mainly depends on the equilibrium relation between the interests of private capital and the public. The initial investment is not related to the government default when the contract does not take into account the interests of the private capital. Furthermore, the “uniqueness” contracts between private capital and the government are mainly for anticompetitive purpose in the PPP market of transportation infrastructure. Unless the contract terms focus on the improvement of social welfare, entering a “uniqueness” contract will cause social welfare losses.

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