scholarly journals Analysing The Dismissal Of Hizbut Tahrir Indonesia (HTI) in The Context Of Freedom Of Association

2020 ◽  
Vol 1 (2) ◽  
pp. 165-179
Author(s):  
Bayu Marfiando ◽  
Keyword(s):  
Political Parties ◽  
The State ◽  
Democratic Politics ◽  
Freedom Of Association ◽  
Indonesian Government ◽  
The Republic ◽  
The Government ◽  
The Stability

The dismiss al of Hizbut Tahrir Indonesia (HTI) by the Indonesian government through a decree by the Jakarta Administrative Court N umber 211/G/2017/PTUN.JKT — if it is related to freedom of association — is considered by some groups as a form of violation against citizens’ rights which are protected by the 1945 Constitution. However, before dismissing HTI , the Indonesian government had carried out various and in - depth studies as well as taken considerations based on several views , such as (1) HTI had the potential to threaten the stability of the state , Indonesian democratic politics , and Indonesian political parties ; (2) HTI had the potential to t hreat en the s ecu rity s tability by triggering rampant acts of terrorism and radicalism in Indonesia as well as demonstrations against policies issued by the government ; and (3) HTI had the potential to threat en the existence of the integrity of the Republic of Indonesia by promoting the radical ideologies in which HTI has interest by replacing the state ideology with Islamic ideology in the form of k hilafah I slamiyah or I slamic state. Keywords : dissolution, freedom of association , Hizbut Tahrir Indonesia

scholarly journals SIKAP ORGANISASI KEMASYARAKATAN ISLAM TERHADAP UNDANG-UNDANG NOMOR 17 TAHUN 2013 TENTANG ORGANISASI KEMASYARAKATAN DAN PERPU NOMOR 2 TAHUN 2017 (Perspektif Studi Kebijakan Dakwah)

2018 ◽  
Vol 37 (1) ◽  
pp. 108
Author(s):  
Muhammad Abdul Azis
Keyword(s):  
Human Rights ◽  
State Government ◽  
Real Life ◽  
The State ◽  
New Order ◽  
Freedom Of Association ◽  
Reform Era ◽  
The Future ◽  
The Republic ◽  
The Government

<p><em>Freedom of association, assembly and expression is a part of human rights guaranteed by the 1945 Constitution of the State of the Republic of Indonesia. This freedom also includes the propagation of religious teachings as an ideology for transformation to real life. For Muslims, especially da'i certainly have great ideals for the realization of a prosperous fair society that is directed by Allah SWT. It can be fought, one of which can be through social organization.During the 72 years of independent Indonesia, several regulations issued by the government to regulate the system and mechanisms of mass organizations have added controversy to Islamic mass organizations. In the new order, some organizations threatened to be dissolved and not recognized for rejecting the sole principle of Pancasila. The dynamic continues until the reform era. This can be an afterthought for the da'wah perpetrators, especially those who take the path of the organization to pay more attention to the basic aspects of administrative formation with respect to the state / government, because it will subsequently be very influential on the sustainability of da'wah in the future.</em></p>

scholarly journals Problematika Peraturan Pengganti Undang-Undang Nomor 1 Tahun 2017 tentang Organisasi Masyarakat

2019 ◽  
pp. 226-237
Author(s):  
Rezki Robiatul Aisyiah Ismail
Keyword(s):  
Human Rights ◽  
Social Organization ◽  
Government Regulation ◽  
Community Organization ◽  
Community Organizations ◽  
The State ◽  
Freedom Of Association ◽  
The Law ◽  
The Republic ◽  
The Government

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.

GOVERNMENT RESPONSIBILITY TO PROTECT PEOPLE’S RIGHTS OVER THE CLEAN WATER

2017 ◽  
Vol 1 (1) ◽  
pp. 38
Author(s):  
Muhammad Nadzir
Keyword(s):  
Water Management ◽  
Human Life ◽  
The State ◽  
Responsibility To Protect ◽  
Clean Water ◽  
State Control ◽  
Government Responsibility ◽  
The Republic ◽  
The Government

Water plays a very important role in supporting human life and other living beings as goods that meet public needs. Water is one of the declared goods controlled by the state as mentioned in the constitution of the republic of Indonesia. The state control over water indicated that water management can bring justice and prosperity for all Indonesian people. However, in fact, water currently becomes a product commercialized by individuals and corporations. It raised a question on how the government responsibility to protect the people's right to clean water. This study found that in normative context, the government had been responsible in protecting the people’s right over the clean water. However, in practical context, it found that the government had not fully protected people's right over clean water. The government still interpreted the state control over water in the form of creating policies, establishing a set of regulations, conducting management, and also supervision.

Zambia's Second Republic —the Establishment of a One-Party State

1974 ◽  
Vol 12 (2) ◽  
pp. 231-244 ◽  
Author(s):  
Jan Pettman
Keyword(s):  
Political Development ◽  
Political System ◽  
The State ◽  
Second Republic ◽  
National Unity ◽  
Common Enemy ◽  
The Common ◽  
The Government ◽  
The Stability ◽  
Party State

Zambia inherited a system of government and administration in 1964 which was ill-suited to the tasks of political development to which her new leaders were dedicated. What little national unity and mobilisation had been achieved in the independence struggle declined with the removal of the common enemy. The Government rested on a fragile base, without the support of agreed rules and practices to limit and contain conflict, and without adequate instruments available for the implementation of its policies. So the search began for a more suitable political system, which could cope with the new needs of independence, and provide for the stability of the state and the survival of the Government.

ANALISIS KEBIJAKAN PEMERINTAH INDONESIA ATAS MORATORIUM TENAGA KERJA INDONESIA KE TIMUR TENGAH PADA TAHUN 2015

2021 ◽  
Vol 6 (2) ◽  
Author(s):  
Maria Dhiu ◽  
Ardli Johan Kusuma
Keyword(s):  
Middle East ◽  
Foreign Exchange ◽  
Migrant Workers ◽  
National Interest ◽  
The State ◽  
High Rate ◽  
Indonesian Government ◽  
East Region ◽  
The Government ◽  
Middle East Region

ABSTRACTThe Existance of Indonesian Workers in the Middle East, is very beneficial in terms of foreign exchange earnings. Despite the high rate of remittances generated, the Indonesian government must also implement a moratorium on migrant workers sending policies to the Middle East in 2015, which is feared that this could cause a reduction in the amount of remittances, secifically for the Middle East region. Here, the writer will discuss in dept why the government should carry out the moratorium policy of migrant workers to the Middle East in 2015, while the gorvernment  also know that the existance of the overseas migrant workers woud benefit economically. The writer see that, as the main actor, the state is obliged to provide protection for all its citizens whwrever they are.Keywords: Indonesia Workers, Moratorium, National Interest, Protecting Citizens. ABSTRAKKeberadaan Tenaga Kerja Indonesia di Timur Tengah, sangatlah menguntungkan dalam hal pendapatan devisa. Dibalik tingginya angka remitansi yang dihasilkan, namun pemerintah Indonesia juga harus menerapkan kebijakan moratorium pengiriman TKI ke Timur Tengah Tahun 2015, yang mana kebijakan tersebut dikhawatirkan dapat menyebabkan penurunan jumlah remitansi, secara khusus untuk kawasan Timur Tengah. Di sini, penulis akan membahas secara mendalam mengapa pemerintah harus melakukan kebijakan moratorius TKI ke Timur tengah Tahun 2015, sedangkan pemerintah juga tahu bahwa keberadaan TKI luar negeri tentu memberi keuntungan secara ekonomi. Penulis menggunakan sudut pandang realisme, dengan memakai teori kepentingan nasional, sehingga akan dibahas secara  mendalam terkait permasalahan yang ada. Dalam penelitian tersebut, penulis melihat bahwa, sebagai aktor utama, negara wajib memberikan perlindungan bagi seluruh warga negaranya di mana pun berada.Kata Kunci: Tenaga Kerja Indonesia, Moratorium, Kepentingan Nasional, Melindungi Warga Negara.

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.

scholarly journals Rechtsvacuum Phenomenon in Government Regulation of the Republic of Indonesia Number 51 of 2020 related to Passport Renewal Period to 10 Years

2019 ◽  
Vol 1 (1) ◽  
pp. 51-58
Author(s):  
Fachrizza Sidi Pratama
Keyword(s):  
State Government ◽  
Government Regulation ◽  
The State ◽  
Government Regulations ◽  
The Republic ◽  
The Government ◽  
Renewal Period ◽  
Law Regulation ◽  
Laws And Regulations

Legislation is one of the legal products issued by the state government component. In this case, the laws and regulations include the Constitution of the Republic of Indonesia year 1945, the Decree of the People's Consultative Assembly, The Law / Regulation of the Government In lieu of Laws, Government Regulations, Presidential Regulations, and Local Regulations. As for its application, the rules have levels in the arrangement, where there are sections that explain macro and its derivatives that are narrowing down to the implementing regulations. The levels of the rules must be complete because each of them has its own function.  Meanwhile, in this journal, there will be a discussion on the phenomenon of legal vacancies in the case study of Government Regulation of the Republic of Indonesia Number 51 of 2020 related to the Period of Extending Passports to 10 Years, where in the issuance of government regulations have not been included implementing regulations that will regulate how the implementation of government regulations in the field.  

scholarly journals State Use Provisions for Patent Law, and Expropriations: Some Comparative Law Guidelines for South Africa during the Covid-19 Crisis and Beyond

2020 ◽  
Vol 23 ◽  
pp. 1-35
Author(s):  
Mikhalien Du Bois
Keyword(s):  
South Africa ◽  
State Government ◽  
Patent Law ◽  
The State ◽  
Patent Owner ◽  
Canadian Law ◽  
Patent Rights ◽  
The Republic ◽  
The Government ◽  
Suitable Framework

This article views section 4 of the Patents Act 57 of 1978 against section 25 of the Constitution of the Republic of South Africa, 1996 and Article 31 of the Agreement on Trade-Related Aspects of Intellectual Property Rights of 1994 (hereafter TRIPS). The purpose is to find a suitable framework for the state/government use/utilisation of patented products or processes for public purposes. A comparison is done with the Crown use provisions in United Kingdom, Australian and Canadian law to find a suitable approach to questions relating to remuneration for state use, the prior negotiations requirement set by Article 31 of TRIPS, and the public purposes and exclusive patent rights that would be included under state use. The COVID-19 international pandemic has caused a state of national disaster in South Africa, which is exactly the kind of situation of extreme urgency envisioned by the exception in Article 31 of TRIPS, which permits the state use of patents without requiring prior negotiations with the patent owner. In the battle against COVID-19 and its concomitant fallout, the South African government (and authorised private parties) would be permitted to utilise patent rights without explicit authorisation from the patent owner and without prior negotiations, but subject to the payment of reasonable remuneration by the government and other terms and conditions as agreed upon or as determined by a court. This may include making (manufacturing), using, exercising, and importing patented products (for example, personal protective equipment, pharmaceuticals, ventilators and diagnostic tests) deemed necessary in the fight against COVID-19. Foreign jurisdictions considered in this article indicate that section 4 of the Patents Act 57 of 1978 may certainly benefit from an update to provide detailed guidance on the state use of patented products or processes for public purposes. In the interest of a timeous offensive against the COVID-19 virus, the patent provisions need a speedy update to allow state use compliant with TRIPS and the Constitution of the Republic of South Africa, 1996.

scholarly journals Pengaruh Audit Internal dan Akuntabilitas Suber Daya Manusia terhadap Perwujudan Good Governance pada Lembaga SKK Migas

2015 ◽  
Vol 5 (1) ◽  
pp. 93
Author(s):  
Latifah Latifah ◽  
A. Rinto Pudyantoro
Keyword(s):  
Human Resources ◽  
Oil And Gas ◽  
Good Governance ◽  
Internal Audit ◽  
Sampling Technique ◽  
The State ◽  
Survey Method ◽  
Special Unit ◽  
The Republic ◽  
The Government

<p>Special Unit for Upstream Oil and Gas Business Activities (SKK Migas) is an institution established by the Government of the Republic of Indonesia through Presidential Regulation (Perpres) No. 9 of 2013 on the Management of Upstream Oil and Gas Business Activities. The task of SKK Migas is to manage the upstream oil and gas business activities based on cooperation contracts. The purpose of the establishment of this institution so that retrieval of natural resources of oil and gas owned by the State can provide maximum benefit and acceptance for the state to the greatest prosperity of the people. Based on these tasks and objectives, SKK Migas is responsible to the state and all Indonesian people to work properly, honestly, fairly, cleanly, transparently and competently in order to achieve good governance of state institutions. Therefore, internal monitoring (internal audit) and accountability of its human resources are required. This research has a purpose to test the influence of internal audit and human resource accountability to the achievement of good governance at SKK Migas institution. This research uses survey method with population of all staffs of SKK Migas. Sampling method used is sampling with purposive sampling technique. In this study, 145 samples were taken. Methods of data collection was done by using questionnaires containing several questions with the method of data analysis using multiple regression. The result of this research is to accept both hypothesis which is internal audit have positive effect toward the achievement of good governance in SKK Migas. And the accountability of human resources positively affect the achievement of good governance in SKK Migas.</p>

scholarly journals RELASI AGAMA DAN POLITIK DI ACEH PASCA KONFLIK; Pemerintah Indonesia-Gerakan Aceh Merdeka

2021 ◽  
Vol 23 (1) ◽  
pp. 1
Author(s):  
Reni Kumalasari
Keyword(s):  
Community Development ◽  
Political Parties ◽  
Peace Agreement ◽  
Islam And Politics ◽  
Indonesian Government ◽  
Free Aceh Movement ◽  
Practical Politics ◽  
The Government ◽  
The Relationship

This article tries to explain how the relationship between Islam and politics after the conflict between the Government of Indonesia and the Free Aceh Movement (GAM). After the peace agreement between the two parties with the signing of the Helsinki MoU, the Indonesian government interpreted the agreement in Law No. 11 of 2006 concerning the Government of Aceh (UUPA). The presence of the act makes the ulama a partner of the government in running the wheels of government by giving fatwa on issues of government, development, community development, and the economy. Furthermore, after peace, the role of the ulama was not only to give knowledge to the community, some ulama participated in practical politics. This was one of the effects of the UUPA, where Aceh was given the privilege of establishing local political parties. At present some ulama have occupied various positions in party management, and even participated in the regional head election (PILKADA), where religious values are used as a means of gaining power.

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