scholarly journals Legalitas Peremponang atau Muhabet sebagai Organisasi Kemasyarakatan

SASI ◽  
2019 ◽  
Vol 25 (2) ◽  
pp. 173
Author(s):  
Reny Heronia Nendissa

This writing aims to determine Peremponang or Muhabet or with other names can be categorized as community organizations based on Law Number 7/2013 as amended by Perpu No. 2/2017 because there are still many Peremponang or Muhabet or with other names in Ambon City and Maluku Province which have not been registered as a social organization. This writing uses normative juridical research type with the statute approach and conceptual approach. The results of the study explained that Peremponang or Muhabet or by other names had in fact been there even hundreds of years ago but had not been legalized and registered as mass organizations based on statutory regulations. Suggestions from this writing are. the government must make an inventory of the existence of women or muhabet or with other names in Ambon City and Maluku Province in general and advise to register so that it is not considered illegal other than that the rights and obligations of Ormas can be carried out properly especially the government's responsibility to empower Ormas, so that community welfare can be realized through women or muhabet or with other names.

Solusi ◽  
2019 ◽  
Vol 17 (3) ◽  
pp. 303-316
Author(s):  
Evi Purnamawati

This study analyzes the power of the questionnaire rights of the House of Representatives of the Republic of Indonesia. The House of Representatives is a House of Representatives and holds the power to form laws. The House of Representatives has the functions of legislative and legislative oversight. This research uses research methods using the method of literature (ribarary research). Type of normative juridical research through approaching legislation and conceptual approach of the research results of the House of Representatives, which essentially has the power to form the current law, the power began to widen towards supervision and budget, actually with the oversight function of the House of Representatives (DPR) towards the executive in practice the meaning of the teaching of separation of powers began to shift, the teaching of separation of powers between state institutions must not intervene with one another. In carrying out its functions the DPR has the right of Interpellation which is the right to request information from the Government in handling Government policies that have an impact on the life of society and the state. In addition, the DPR has the Right to Question, namely the Right to Investigate Government policies that are alleged to be in conflict with laws and regulations and express opinions outside the institution. Members of the DPR have the right to submit draft laws, ask questions, submit proposals and opinions, defend themselves, the right of immunity, and the right to protocol. The recommendation of this research is that the writer suggests that the DPR should make the regulation on questionnaire rights clearer especially about the process of using the questionnaire right so that there is no multi-interpretation so that violations do not occur in the process of using the inquiry right.


2021 ◽  
Vol 2 (1) ◽  
pp. 1-5
Author(s):  
Ade Satriasa Maha Putra ◽  
I Nyoman Putu Budiartha ◽  
I Made Minggu Widyantara

We must be aware of cases of crimes of sexual exploitation, especially in children, it is not enough if parents only but the government, society and the Indonesian Child Protection Commission must take a role in maintaining the continuity and protection of children. This new research aims to determine the legal protection of victims in criminal acts of sexual exploitation of children. This research type is normative research with a statutory approach and a conceptual approach. Legal materials consist of primary and secondary, then analyzed systematically. The results showed that legal protection for children from victims of sexual exploitation was given to legal subjects that had preventive or repressive characteristics. Furthermore, legal safeguards are essential to provide justice, order, certainty, benefit. The criminal sanctions given to the perpetrators of a criminal offense, namely for imprisonment for 7 (seven) years, reduced while the defendant is in detention and the penalty will be subject to a fine of IDR. 100,000,000 (one hundred million rupiah).


2019 ◽  
pp. 226-237
Author(s):  
Rezki Robiatul Aisyiah Ismail

Indonesia is a democratic constitutional state set forth in article 1 paragraph (3) of the 1945 Constitution of the State of the Republic of Indonesia, as a legal state for running a state and protection of human rights under the law. One of them is in Article 28 E Paragraph (3) of the 1945 Constitution of the State of the Republic of Indonesia which states that everyone has the right to freedom of association, assembly, and expression. The regulation concerning the Organization of the Community is in fact set out in Law No. 17 of 2013 on Community Organizations. Community organization is an organization founded and formed by the community voluntarily based on the similarity of aspirations, wills, needs, interests, activities and objectives to participate in development in order to achieve the objectives of the Unitary State of the Republic of Indonesia based on Pancasila. Community organizations may be in the form of two, incorporated and non-legal entities. The Government issued a Regulation in Lieu of Law of the Republic of Indonesia Number 2 Year 2017 on the amendment to Law No. 17 of 2013 on Social Organization and then with the Regulation of Lieu of the Law the government made a policy that the Government in this case gave authority to the Ministry of Justice and Human Rights Asasi Manusia dissolved social organization which contradict with principle of Pancasila one of them is Hizbut Tahrir Indonesia discussion Government Regulation of society organization still has weakness substantially. Government regulation in lieu of laws of community organizations in order to reinforce the principle of contrarius actus is not appropriate because it has actually attached to government officials without the need to be affirmed in the legislation.


2019 ◽  
Vol 4 (2) ◽  
pp. 232-248
Author(s):  
Rafika Ariandini

One of the goals of zakat is to prosper Muslims. To achieve these objectives, the Qur'an guides the distribution of zakat, namely in the QS. At-Taubah verse 60. 8 groups are entitled to receive zakat, namely the destitute, poor, amil zakat, al-mu'allafah qulubuhum, ar-riqab, people who are in debt, fi sabilillah and ibnu sabil . In reality, there are still distributions of zakat that are not following these provisions, because there are people who are not included in the group mustahiq zakat, but he gets zakat. QS interpretation study is needed. At-Taubah verse 60 contextually, so that it can be used as a guide in the distribution of zakat in Indonesia. The theory used in this research is the theory of the Islamic Nativism (Pribumisasi Islam) of Gus Dur. The theory of Islamic Nativism tries to dialogue between universal meanings and civilizations outside of Arabia, in this case, namely Indonesia. With this theory of Islamic indigenization, the author tries to find universalism, cosmopolitanism, and indigenization in Hamka's interpretation of QS. At-Taubah verse 60 concerning mutahiq zakat. In Hamka's interpretation of QS. At-Taubah verse 60 about mustahiq zakat is indigenous of Islam. One of the natives found in the interpretation of Hamka is amil zakat, in Indonesia what is called amil zakat is divided into two, namely those appointed by the government and zakat committees formed by a group of Muslims, such as in the majlis talim, community organizations, schools, and offices.


2020 ◽  
Vol 7 (1) ◽  
pp. 126 ◽  
Author(s):  
Fradhana Putra Disantara

This study aims to analyze the relevance of the �health emergency� status to the existing legal theory and condition as well as to identify the validity of the Circular Letter of the Rector of State Universities. To this end, this study applied the statute and conceptual approach. The study was conducted by inventorying primary and secondary legal materials to obtain a proper and critical review of the legal issues under study. The results showed that the determination of the �health emergency� status by the government was inappropriate due to the uncertainty of the regulations issued by the government to determine the current condition. Thus, the status of the COVID-19 pandemic is a �legal emergency� status. Further, the Rector�s policy through the Circular Letter is valid judicially, sociologically, and philosophically. The determination of the �legal emergency� status can be done by issuing a Perppu without a �state of emergency� from the President. Finally, it is suggested to firstly get an approval from the Ministry of Education and Culture regarding the issuance of the Rector�s Circular Letter. Besides, further study is needed as this study was conducted during the COVID-19 pandemic.�Keabsahan Surat Edaran Rektor Perguruan Tinggi dalam Pandemi Covid-19Tujuan dari penelitian ini adalah untuk menganalisa relevansi status �darurat kesehatan� dengan teori hukum dan kondisi yang ada dan keabsahan atas Surat Edaran Rektor Perguruan Tinggi Negeri. Metode yang digunakan dalam penelitian ini adalah statute approach dan conseptual approach. Penelitian dilakukan dengan menginventarisasi bahan hukum primer dan sekunder, guna mendapatkan kajian yang seyogianya dan telaah kritis terkait isu hukum. Hasil penelitian menyatakan penetapan status darurat kesehatan oleh pemerintah kurang tepat, dikarenakan tidak menentu-nya peraturan yang dikeluarkan oleh pemerintah untuk menetapkan kondisi saat ini. Sehingga, status pandemi COVID-19 merupakan status darurat hukum. Kebijakan rektor melalui Surat Edaran adalah absah secara aspek yuridis, sosiologis, dan filosofis. Penetapan darurat hukum cukup dilakukan dengan menerbitkan Perppu tanpa pernyataan darurat dari Presiden. Saran peneliti adalah di perlukan persetujuan pada Kementerian Pendidikan dan Kebudayaan terkait terbitnya Surat Edaran Rektor, dan dibutuhkan penelitian lebih lanjut dikarenakan penelitian ini dilakukan pada masa COVID-19 yang bersifat temporal.�


2018 ◽  
Vol 4 (2) ◽  
pp. 141-152
Author(s):  
Dwi Widia Astuti

The role of taxes is very important in the state finances. Taxes become necessary in financing the expenditures of the state, especially the routine state expenditures. However, not infrequently there are taxpayer actions that cause in State losses. The condition is realized by the government so that the government issued Law Number 11 Year 2016 on Tax Amnesty. However, with the issuance of the Tax Forgiveness Law, it has resulted in various views in the community because for some obedient taxpayers, it is assumed that taxpayers are granted the convenience of their mistakes. So that does not reflect justice as one of the objectives of the law. Based on the issue, the authors will conduct further research on the legality of tax debt relief in the framework of tax forgiveness and the urgency of determining the tax forgiveness rule. This study is qualified as a normative juridical legal research with a type of legal research doctrinal using a statutory approach, and a conceptual approach. From this research, it is expected that the writer can analyze related to the legality of tax debt relief in the framework of tax forgiveness and the urgency of determining tax forgiveness rule.


Author(s):  
Rodrigo Oliveira Vilela ◽  
Neio Lucio de Oliveira Campos

Quilombos were and still are structures that go beyond the typical feature of resistance. These communities are materializations of African social organization that was formed in Brazilian urban and rural areas. An important aspect of the presence of people of African origin in the Brazilian territory concerns the relationship between the quilombola communities and the environment that surrounds them.


2021 ◽  
Vol 2 (2) ◽  
pp. 382-387
Author(s):  
A. A. ayu Diah Uthari Pramesti ◽  
I Ketut Kasta Arya Wijaya ◽  
Desak Gde Arini

Indonesia is a maritime country surrounded by a sea that is rich in natural resources, therefore a unified system is needed to maintain security and also to allocate all energy sources offered by the sea so that it can be managed appropriately. The management of water safety and security in Indonesia is regulated in Law Number 17 of 2008 concerning Shipping. In this research, there are two main problems that will be examined, namely first about the management arrangements for safety and security requirements in Indonesian maritime territory and second What is the authority of the local government in developing the safety and security requirements of shipping in Indonesian maritime territory. This research is a normative legal research, using a statutory approach and a conceptual approach. The result of this research is the management of shipping coaching is carried out by the government. The form of guidance carried out by the government is in the form of supervision, control and regulation. Legal protection for the administration of regional autonomy is in line with the provisions of Law Number 23 o/2014 which involves regional governments and carries out legal protection for various government affairs in the context of community service and natural resource management.


2021 ◽  
Vol 5 (2) ◽  
pp. 123-136
Author(s):  
Vena Lidya Khairunnisa ◽  
Mochammad Ilham Nurrobby

The purpose of this study was to find out the legal problems experienced by female journalists over gender inequality during the Covid-19 pandemic and to find out the legal protections to overcome these problems. The type of research used is a normative legal research type with an invitation approach and a historical approach. The findings in this paper are, during the Covid-19 pandemic, gender inequality towards female journalists has increased. It is still very rare for people to raise issues related to gender inequality experienced by female journalists. Examples of problems with a gender perspective in the media are the lack of involvement for women in journalism activities, marginalization and subordination positions for women in various fields, legitimacy regarding gender bias, dominating economic and political interests, regulations on media that are not sensitive to gender and between conventional journalism and gender. equality. The government in Indonesia officially adheres to the principle of equality as regulated in Article 27 of the 1945 Constitution of the Republic of Indonesia which states that all Indonesian citizens are equal before the law. Therefore, journalists must be able to enjoy gender and legal protection for the gender inequality they experience. It is necessary to reconstruct the law, considering that women have the same position as men in terms of their position, rights and obligations so that they have equal opportunities in various fields.


2021 ◽  
Vol 13 (1) ◽  
pp. 54-73
Author(s):  
Muhammad Abrar Parinduri ◽  
◽  
Zuliana Zuliana ◽  

The presence of modernization in the world of Islamic education seems to be a necessity that cannot be avoided. The birth of reformer figures in the Islamic world who came from the Middle East and Indonesia became a separate impetus to accelerate the pace of renewal of Islamic education. This research uses library research type (library research) which is carried out using literature (literature) in the form of books, notes, and research reports from previous research. Sources of data can be obtained from documents or document studies. Document study, namely looking for data about things or variables in the form of notes or transcripts, books, newspapers, magazines, and other documents needed for research data. This research proves that the flow of renewal in Islamic education finds momentum when the Indonesian government is able to synergize with Muslim figures. Likewise, the accommodative and cooperative attitude displayed by some Indonesian Muslim leaders and Islamic community organizations has contributed to the government's belief that advancing Islamic educational institutions is not something that is scary but will add stability to the condition of government and politics in Indonesia. It is at this stage that the reform of Islamic education is ultimately integrated into the national education system.


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