scholarly journals KEWENANGAN PEMERINTAH DAERAH TERHADAP HAK ULAYAT MASYARAKAT HUKUM ADAT SETELAH BERLAKUNYA UNDANG-UNDANG NOMOR 32 TAHUN 2004

SASI ◽  
2011 ◽  
Vol 17 (3) ◽  
pp. 1
Author(s):  
Adonia Ivonne Laturette
Keyword(s):  
Indigenous Peoples ◽  
Local Governments ◽  
National Development ◽  
The State ◽  
Regional Autonomy ◽  
The Public ◽  
Delegation Of Authority ◽  
Customary Rights ◽  
Government District ◽  
The Republic

The national development faster and rapidly, often requires the state to make the arrangement in all areas including land use that requires people to surrender their land to the State for use for the public interest. Industrial park development, highway construction, agriculture, plantation, mining and so on are some of the basic legitimacy of the state used in the takeover of customary rights of indigenous peoples. With the enactment of Act Number 32 Year 2004 on Regional Autonomy which generally contains the enforcement of the implementation of the handover of authority to the state's right to control local government district or city. In this regard it with the enactment of regional autonomy which is the state's right to control the delegation of authority in the area of land to local governments, local governments should be able to run the authority, especially in the area of land with due regard to the interests of local communities indigenous people themselves in the territory of the Republic of Indonesia

scholarly journals KEDUDUKAN HUKUM HAK ULAYAT MASYARAKAT HUKUM ADAT DIHUBUNGKAN DENGAN OTONOMI DAERAH (STUDI DI KECAMATAN HARIAN KABUPATEN SAMOSIR)

2021 ◽  
Vol 29 (2) ◽  
pp. 125
Author(s):  
Mangapul Marbun
Keyword(s):  
Indigenous Peoples ◽  
The State ◽  
Customary Law ◽  
Regional Government ◽  
Legal Certainty ◽  
Regional Autonomy ◽  
Community Rights ◽  
Customary Rights ◽  
The Republic ◽  
The Government

The position of the customary rights of the customary law community in the Toba Batak community, namely the rights owned by a clan (State land), controlled, managed, utilized, the land and its contents for the needs of the citizens / descendants of the partnership as collective property that can be passed down from generation to generation (geneological) based on customary law. The UUPA recognizes the position of the ulayat rights of the customary law community in a formal juridical manner with discussion if in reality it still exists and does not conflict with the interests of the national, nation and state. The 1945 Constitution of the Republic of Indonesia Article 18-B paragraph (2), Article 28-I paragraph (3) The State recognizes and respects the customary public and their traditional rights as long as they are still alive. The cultural identity of traditional community rights is respected in accordance with the times and civilizations. The position of the customary rights of the Batak Toba community (land marga) in this study is still not as expected, in regulating and protecting laws from the past to the present, regulation and protection are still based on local customary laws. In Law No. 23/2014/9/2015 concerning Regional Government grants the authority of rights and responsibilities to provincial, regency / city governments to regulate and manage their own regions, one of the areas of defense based on the widest possible regional autonomy. The authority, rights and responsibilities of regional governments in regulating and protecting, managing their own ulayat rights (clan land) in certain areas are also in line with Presidential Decree No. 34 regarding policies in the defense sector, one of which is stipulation and is also in line with the government regulation of the Republic of Indonesia No. 38 Year 20007 concerning the Division of Government Affairs between the government and the Provincial Government of the Regency / City Government as a government affair which becomes the authority of the regional government towards the position of the ulayat rights of the customary law community in certain areas. In this study, in the Daily District of Samosir Regency. The authority, rights and obligations of Regional Government through stipulation in the form of Regional regulations have not been implemented, especially regarding local clan lands (ulayat rights of indigenous peoples). Therefore, this problem needs to be researched to get a true picture of the status of customary community rights in relation to regional autonomy in the Daily District of Samosir Regency. The results of this study, in the Samosir Kewenagan Regency Daily sub-district, the rights and obligations of regional government, it turns out that Tanah Marga (Hak Ulayat) is still regulated by local customary law, in fact the local government has the authority, rights and obligations to regulate and protect Ulayat Rights (Tanah Marga). certain by stipulation in the form of regional regulations, with the aim of providing legal certainty and benefits for the customary law community. Based on the research, it shows that the Land of Marga / Ulayat Rights of Indigenous Peoples in Harian District, generally in Samosir Regency, both horizontally and vertically until this research was conducted, there has been no settlement of certain customary rights of customary communities, in other words conflict resolution is still stagnant. The government needs to immediately establish the customary rights of customary communities in the form of a law. To ensure legal certainty / benefit and justice for all certain Customary law communities. Because ulayat rights are basically still found and still live according to the civilization of the Batak Toba people in the Daily District of Samosir Regency, which does not conflict with the development and interests of the Nation and the State.

Insentif Pajak terhadap Sumbangan Covid-19 dari Perspektif Relasi Hukum Pajak Indonesia dengan Hak Asasi Manusia

2020 ◽  
Vol 2 (2) ◽  
pp. 184
Author(s):  
Muhammad Syukur
Keyword(s):  
Human Rights ◽  
Income Tax ◽  
Present Report ◽  
National Development ◽  
Economic Security ◽  
The State ◽  
Public Health Approach ◽  
The Public ◽  
The Republic ◽  
The Government

The Covid-19 pandemic is a transnational threat that requires a global response, but the outbreak has laid bare divergent national approaches to exposed broader structural weaknesses in the governance system. The challenges of governance of the state amidst the Covid-19 pandemic is not only on the public health approach but also must face the risk of economic recession. In the present report, the government of the Republic of Indonesia has taken anticipation steps to prevent and overcome Covid-19 through legislation which is then implemented to the public. The focus of this paper is to review how the Republic of Indonesia maintains national economic resilience using the Indonesian tax law approach. Income tax is part of tax classification in Indonesia has rights and obligations attached to the state as well as taxpayers. With using the doctrinal legal research method, this papers analyze the perspective of the Republic of Indonesia's tax laws on opportunities for corporate taxpayers to get incentives in their income tax because they have contributed to the need to overcome the pandemic Covid-19 and explained the relationship between human rights and taxes on the case. As the papers make clear, the tax revenue paradigm is considered important because it impacts on economic security and national development. The government must be careful in carrying out taxation policies by considering the economic conditions of democracy, globalization, and the synergy of the center and the regions as long as the Covid-19 pandemic continues. Human rights and taxes are related to the realization of the right to the social-economic and social justice in society because Indonesia taxes has rights and obligations attached to the state as well as taxpayers.

scholarly journals Identification And Analysis Of The Rights Of Indigenous Peoples In The Study Of Constitutional Law

2016 ◽  
Vol 2 (1) ◽  
pp. 001
Author(s):  
I Gede Yusa
Keyword(s):  
Indigenous Peoples ◽  
Indigenous Communities ◽  
The State ◽  
State Laws ◽  
Health And Human Rights ◽  
Customary Rights ◽  
The Subject ◽  
Un General Assembly ◽  
The Republic ◽  
The Given

The Resolution of the UN General Assembly in 2000 has mandated to discuss indigenous issues related to economic and social development, culture, environment, education, health and human rights. In national law, the recognition of the existence of traditional people with customary rights can be found in Article 18 B paragraph (2) and Article 28  paragraph  (3) of  the Constitution of the Republic of Indonesia of 1945. This study discusses the rights that grow and thrive in indigenous communities in Bali which are associated with the life of society and state. Also the responsiveness or recognition of Indonesia to the presence of the state constitution means the rights of indigenous peoples has grown and developed  in Bali and empowerment efforts  need to be done for   the rights of indigenous peoples has grown and developed in Bali to be able to be a force in the life of society and state. Studies on the identification of the rights of the traditional lifestyle that are recognized in the community as well  as prospective empowered in the state of life in Indonesia can be classified as a normative legal research conducted on the relevant legal materials. Legal materials and supporting information that has been gathered up with regard to research on the identification and analysis of the rights of traditional communities in Indonesian Studies State Laws (A Study of Traditional Balinese Community) Firstly the description  and  interpretation  was  carried  out,  or  interpretation of the normative propositions found to be further systematized in accordance with discussion on the subject matter of this study. The results of this analysis are three techniques to evaluate and analyze its content according to the given arguments and conclusions of law to get a top issue in this study. States have  an obligation to give recognition to indigenous peoples based on the constitution. Responsiveness or the constitutional recognition of the existence of  the rights  of indigenous peoples has grown and developed in Bali are envisaged in the constitution, namely Article 18B  paragraph  (2) and  Article 28  paragraph  (3)  of the Constitution of the Republic of Indonesia of 1945. The constitutional mandate must be obeyed by state officials to regulate the recognition and respect for indigenous peoples in some form of legislation. While the empowerment of local people has been recognized by constitution, yet much remain to be done. The rights of indigenous peoples which has grown and developed in Bali should be legally enforced in the life of society and state.

PERIMBANGAN KEUANGAN ANTARA PEMERINTAH PUSAT DENGAN PEMERINTAH DAERAH DALAM PENGELOLAAN KEUANGAN DAERAH

2016 ◽  
Vol 42 (1) ◽  
pp. 1
Author(s):  
Edward Hutagalung
Keyword(s):  
Local Government ◽  
Central Government ◽  
Local Authorities ◽  
Fiscal Capacity ◽  
Regional Autonomy ◽  
The Public ◽  
Delegation Of Authority ◽  
Regional Authority ◽  
Local Sources ◽  
Tax Sharing

The fi nancial relationship between central and local government can be defi ned as a system that regulates how some funds were divided among various levels of government as well as how to fi ndsources of local empowerment to support the activities of the public sector.Fiscal decentralization is the delegation of authority granted by the central government to theregions to make policy in the area of   fi nancial management.One of the main pillars of regional autonomy is a regional authority to independently manage thefi nancial area. State of Indonesia as a unitary state of Indonesia adheres to a combination of elementsof recognition for local authorities to independently manage fi nances combined with the element oftransferring fi scal authority and supervision of the fi scal policy area.General Allocation Fund an area allocated on the basis of the fi scal gap and basic allocation whilethe fi scal gap is reduced by the fi scal needs of local fi scal capacity. Fiscal capacity of local sources offunding that comes from the area of   regional revenue and Tax Sharing Funds outside the ReforestationFund.The results showed that the strengthening of local fi scal capacity is in line with regional autonomy.

Institutional pressures influencing environmental management accounting adoption by Malaysian local governments

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Che Ku Hisam Che Ku Kassim ◽  
Noor Liza Adnan ◽  
Roziani Ali
Keyword(s):  
Environmental Management ◽  
State Government ◽  
Local Governments ◽  
Management Accounting ◽  
The State ◽  
Institutional Pressures ◽  
Content Type ◽  
The Public ◽  
Reporting Practices ◽  
Environmental Management Accounting

Purpose Because of the heightened environmental awareness of the public, local governments (LGs) are being pressured to improve on the extent and quality of environmental disclosures (EDs) provided in an array of reporting media. The lack of an accounting tool to identify, measure and report EDs has propelled the infusion of environmental management accounting (EMA) to support the reporting practices. This paper aims to examine the institutional pressures influencing EMA adoption by Malaysian LGs. Design/methodology/approach Using the consensus approach, a self-administered questionnaire survey is conducted on accountants in LGs in Peninsular Malaysia. The items in the questionnaire are based on the findings of prior studies on EMA adoption. Findings The results suggest that coercive isomorphism from the state government is perceived to be the influential institutional factor placing intense pressures on LGs to adopt EMA. Research limitations/implications The results solidify the potential role of the state government in any public policy changes which could further stimulate and promote the adoption of EMA. Originality/value Insufficient empirical evidence on the adoption of EMA in LGs within a developing country’s perspective contributes to a limited understanding on the development of environmental-related practices in different economic stages and environment as well as within the public sector’s perspective.

scholarly journals Public Interest Opposite the Freedom of Contractual Will in Administrative Contracts in the Republic of Albania

2017 ◽  
Vol 6 (s2) ◽  
pp. 37-48
Author(s):  
Artan Spahiu
Keyword(s):  
Public Interest ◽  
Legal Framework ◽  
The State ◽  
Private Law ◽  
Legal Analysis ◽  
Administrative Contract ◽  
The Public ◽  
General Arrangement ◽  
Role Of The State ◽  
The Republic

Abstract The protection of the public interest is the main principle governing the activity regulation of the administrative bodies. This activity, traditionally, has been developed through administrative acts, as an expression of the unilateral and authoritarian willpower of public authority, which creates legal consequences. The administrative act has been and remains the most important instrument for the administration bodies to accomplish their mission, but it is no longer effective. Particularly this lack of efficiency is noticed in recent years when the development of the economy and the needs of the evergrowing society have prompted the administration to adapt its activity by making use of other mechanisms “borrowed” from private law. An important part of public activity can also be achieved through the contract as a way that brings the state closer to the private, mitigating its dominant position and leaving space for the efficiency of private activity to fulfil public engagements. Such contracts today are known as “administrative contracts” or “public contracts”. The terms mentioned above are instruments that establish legal relations, for the regulation of which the principle of public interest is opposed and competes with the principle of freedom of the contractual willpower. The regulation of these types of contracts is reached through the private law, which constitutes the general normative framework of contracts (lex generalis) even for the administrative contracts. But this general arrangement will have effect for as long as it does not contradict the imperative provisions of the specific act of public law (lex specialis), which regulates the administrative procedure for the completion of these contracts. This paper aims to bring to the spotlight the way our legislation predict and regulates administrative contracts, by emphasising particularly the features of their dualistic nature. The coexistence and competition of the principles of the freedom of contractual willpower and the protection of the public interest, evidenced in administrative contracts, is presented in this paper through the legal analysis of the Albanian legal framework which regulates these contracts. Under the terms when the role of the state in providing public services tends to increase and our legislation aims the harmonization in accord with the European legislation, it is necessary to improve the administrative contract regulation and extend its scope of action.

scholarly journals RENCANA AKSI NASIONAL BELA NEGARA

2019 ◽  
Vol 2 (01) ◽  
pp. 1-16
Author(s):  
Agus Subagyo
Keyword(s):  
Local Governments ◽  
Central Government ◽  
Action Plan ◽  
The State ◽  
Government Agencies ◽  
Regional Government ◽  
Regional Autonomy ◽  
Three Stages ◽  
State Defense ◽  
Government Level

This article aims to explain the 2018-2019 state defense action plan in Presidential Instruction No. 7 of 2018 which mandates all ministries, non-ministerial government agencies, and local governments to take action to defend the country through three stages, namely the stages of socialization, internalization, and movement action. The dilution of the state defense action plan at the central government level has been very active, however, at the level of the reverent regional government it has not yet been felt, especially with the existence of regional autonomy where the central government is not necessarily able to "control" the regional government, so that all this needs attention parties, to see the perspective of the regional government in implementing the state defense action plan.

scholarly journals ANALISANDO O COMPORTAMENTO DOS GASTOS PUBLICOS NOS MUNICÍPIOS CEARENSES

2014 ◽  
Vol 18 (1) ◽  
pp. 85 ◽  
Author(s):  
José Geraldo Araújo Correia ◽  
Guilherme Irffi Diniz ◽  
Rodolfo Ferreira Ribeiro da Costa
Keyword(s):  
Panel Data ◽  
Public Administration ◽  
Local Governments ◽  
Income Elasticity ◽  
Random Effect ◽  
Public Spending ◽  
The State ◽  
The Public

O objetivo deste trabalho é testar a hipótese de flypaper na administração pública municipal do estado do Ceará.Para tal, foi construído um painel de dados com informações sobre os gastos, a arrecadação, a população e as transferências constitucionais para os 184 municípios cearenses entre 1999 e 2009. Tais informações foram extraídas juntoà Secretaria do Tesouro Nacional e ao Instituto Brasileiro de Geografia e Estatística. A metodologia utilizada remete-se aomodelo de dados em painel com efeito aleatório. Os resultados destacam que a elasticidade gasto-renda supera aelasticidade gasto-transferência e, portanto, as administrações municipais estão isentas da prática descrita pelo efeitoflypaper.Palavras-chave: Flypaper; gasto; transferência; dados em painelANALYZING THE BEHAVIOR OF THE PUBLIC SPENDING IN CEARÁ’S CITIESAbstract: The aim of this study was to test the hypothesis flypaper in municipal public administration in the state of Ceará.To this end, was built a panel with information on expenditures, revenues, population and constitutional transfers to the 184municipalities of Ceará between 1999 and 2009. Such information was extracted together with the National Treasury and theBrazilian Institute of Geography and Statistics. The methodology used is referred to the panel data with random effect model.The results highlight that the elasticity spending exceeds income-elasticity worn-transfer and, therefore, local governments are exempt from the practice described by flypaper effect.Keywords: Flypaper, expenditure, transfer, panel data.

scholarly journals Role of Public Entities in Suitable Provision of Public Services: Case Study from Slovakia

2021 ◽  
Vol 11 (4) ◽  
pp. 143
Author(s):  
Viera Papcunová ◽  
Roman Vavrek ◽  
Marek Dvořák
Keyword(s):  
Public Administration ◽  
Local Governments ◽  
Public Services ◽  
Slovak Republic ◽  
The State ◽  
Main Role ◽  
The Public ◽  
State Administration

Local governments in the Slovak Republic are important in public administration and form an important part of the public sector, as they provide various public services. Until 1990, all public services were provided only by the state. The reform of public administration began in 1990 with the decentralization of competencies. Several competencies were transferred to local governments from the state, and thus municipalities began to provide public services that the state previously provided. Registry offices were the first to be acquired by local governments from the state. This study aimed to characterize the transfer of competencies and their financing from state administration to local government using the example of registry offices in the Slovak Republic. In the paper, we evaluated the financing of this competency from 2007 to 2018 at the level of individual regions of the Slovak Republic. The results of the analysis and testing of hypotheses indicated that a higher number of inhabitants in individual regions did not affect the number of actions at these offices, despite the fact that the main role of the registry office is to keep registry books, in which events, such as births, weddings, and deaths, are registered.

scholarly journals Features of modern bilingualism and its crisis (on the example of national languages of the CBR)

2019 ◽  
Vol 16 (3) ◽  
pp. 322-329
Author(s):  
Madina A. Khakuasheva ◽  
Almira M. Kazieva
Keyword(s):  
Indigenous Peoples ◽  
Risk Groups ◽  
The State ◽  
Native Languages ◽  
Global Context ◽  
Objective State ◽  
The Republic ◽  
National Languages

The article deals with the situation of bilingualism in the Kabardino-Balkar Republic, which is organically inscribed in the global context. The authors consider some of the most representative criteria that indicate the objective state of the state languages of the CBD - Russian, Kabardian, Balkar, the classification of “risk groups” of UNESCO, as well as facts illustrating the crisis of native languages of the indigenous peoples of the Republic. In addition to the communicative, considered the most important functions of the language, which allow to act including as a basis for concluding philosophical concepts.

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