scholarly journals FREE, PRIOR AND INFORMED CONSENT IN FULFILLING THE CONSTITUTIONAL RIGHTS OF CITIZENS IN THE MINING SECTOR

2021 ◽  
Vol 1 (1) ◽  
pp. 11-21
Author(s):  
Harliansyah Harliansyah ◽  
Astiti Swanita Rini ◽  
Eva Nopitasari Siagian ◽  
Tuntas Karawahno Andjab ◽  
Rokhaya Fall
Keyword(s):  
Informed Consent ◽  
Government Policy ◽  
Mineral Resources ◽  
Constitutional Rights ◽  
Legal Research ◽  
Mining Sector ◽  
Directorate General ◽  
The Government ◽  
The Relationship ◽  
Policy Setting

Based on data from the Directorate General of Mineral and Coal, Ministry of Energy and Mineral Resources, in 2017, there are 9,353 Mining Business Licenses (MBL) with 9,074 MBLs entered in the DG of Mineral and Coal database. Of these, 6,565 MBLs passed the CnC requirements, while the remaining 2,509 MBLs were categorized as non-CnC. The focus of the problems studied are: (1) What is the Direction of Changes in Government Policy in the Mining Sector? (2) What is the relationship between Free, Prior and Informed Consent with the fulfillment of the constitutional rights of citizens in the mining sector? The method used in this study is doctrinal legal research focusing on sources of law. The result shows that (1) There are changes in government policy in the mining sector, which was only constrained in its implementation, but has now become more problematic because of the removal of the article on the imperative community participation; (2) In every policy setting, FPIC must be implemented and must be given to the community, especially those who are directly affected. Thus, FPIC can be said to be a form of community rights that must be fulfilled by the government as the licensor legally to fulfill the constitutional rights of its citizens.

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.

Hubungan Kemendagri dan Kemendes dalam Tata Desa dan Administrasi Desa

2020 ◽  
Vol 3 (2) ◽  
pp. 81-97
Author(s):  
Sarip Sarip ◽  
Nur Rahman ◽  
Rohadi Rohadi
Keyword(s):  
Constitutional Law ◽  
Administrative Law ◽  
Point Of View ◽  
Legal Research ◽  
The Government ◽  
The Village ◽  
The Relationship

This article aims to explore the relationship between the Ministry of Home Affairs (Kemendagri) and the Ministry of Villages (Kemendes) from theconstitutional law and state administrative law point of view.The second concerns of this research is the disharmony and problem between the two ministries.From the constitutional law point of view, it turns out that what the Ministry of Home Affairs is doing, is closer to the object of its discussion. The method used in this research is normative legal research bycomparingthe constitutional law and state administrative law to obtain clarity regarding the Ministry of Home Affairs and Ministry of Village. The result shows that the Ministry of Village approached the science of state administrative law, namely to revive or give spirits to the village. Disharmonization began to exist since the inception of the Ministry of Village. The root of disharmony itself was the improper application of constitutional foundations in the formation of the Village Law. It would be better if the government reassess the constitutional foundation for the village.

“Azharisation” of ʿUlama Training in Malaysia

2015 ◽  
Author(s):  
Hiroko Kushimoto
Keyword(s):  
Twentieth Century ◽  
Religious Education ◽  
Government Policy ◽  
Religious Schools ◽  
Islamic Studies ◽  
Number Of Factors ◽  
Job Opportunities ◽  
The Government ◽  
Malaysian Students ◽  
The Relationship

This chapter discusses the relationship between al Azhar and the government policy of ulama training in Malaysia. It traces how, during the twentieth century, a number of factors led to al Azhar becoming one of the most popular choices for Malaysian students wanting to major in Islamic Studies. Initially, ulama adopted al Azhar's reformed curriculum by choice, as the mixed curriculum introduced by al Azhar, starting with Muhammad Abduh's modernisation project, helped the religious schools in Malaysia to compete with the state run modern schools. However, to demonstrate its commitment to Islam, the Malaysian state eventually started to invest in al Azhar education. Under a series of policies intended to emphasise Islam, religious education and religious administration expanded rapidly, thus providing increased job opportunities for al Azhar graduates.

scholarly journals Perjanjian Jaminan Fidusia Kaitan dengan Penyidikan Tindak Pidana Perlindungan Konsumen

2019 ◽  
Vol 1 (2) ◽  
pp. 157-166
Author(s):  
Iskandar Muda Sipayung ◽  
Tan Kamello ◽  
Marlina Marlina ◽  
Arie Kartika
Keyword(s):  
Consumer Protection ◽  
House Of Representatives ◽  
Criminal Investigation ◽  
Legal Certainty ◽  
Legal Research ◽  
Consumer Protection Act ◽  
Approach Method ◽  
The Republic ◽  
The Government ◽  
The Relationship

This research is normative legal research, an explanatory descriptive nature that aims to describe, disclose and explain the relationship between the non-criminal investigation of consumer protection with consumer guarantee agreements. The analysis is carried out using a juridical approach method which is then synchronized vertically or horizontally to related laws to see the existence of harmonization and certainty in the existing legal system. To further sharpen the results of the study also carried out an analysis of the effectiveness of the case. The results of the study provide an illustration that the Fiduciary Security Act has a problem in Article 15 regarding the provisions of the procedure for execution that is contrary to the HIR / RBg. Likewise, between Article 54 paragraph (3) and Article 56 paragraph (2) of the Consumer Protection Act, an inconsistency occurs in its application and implementation. With respect to agreements containing standard clauses, business actors and / or their management can be criminalized, in accordance with Article 18 in conjunction with Article 62 of the Consumer Protection Act. It is recommended that the Government and the House of Representatives of the Republic of Indonesia be able to revise these articles in order to realize legal certainty for all parties.

scholarly journals The Current Situation and Trend of the Labor Force of Mining Sector in Mongolia

2017 ◽  
Vol 5 (3) ◽  
pp. 341
Author(s):  
Altanchimeg Zanabazar ◽  
Myagmarsuren Ukhnaa ◽  
Huo Xuexi ◽  
Shurentsetseg Bira ◽  
Sarantuya Jigjiddorj ◽  
...  
Keyword(s):  
Labor Force ◽  
Government Policy ◽  
Education Policies ◽  
Mining Sector ◽  
State Budget ◽  
Job Opportunities ◽  
Key Issues ◽  
The Government ◽  
Export Industries ◽  
The Impact

The mining was declared as a priority sector within the framework of the government policy to support the export industries. In the past years, the mining extraction increased steady and growth showed an increase of 8.3 percent in 2012 compared to the previous year, 19.4 percent in 2013 and 24.4 percent in 2014 respectively. In the current stage when the mining sector production plays a crucial role in the accumulation of the state budget, one of the key issues of improving the benefits of this sector is the impact of the labor force. By the labor market survey of 2013 out of 219013 job offers 14541 jobs or 6.6 percent were in the mining exploration sectors. Due to the mining sector booming, the job opportunities have increased and there is a need for the government policy and regulations for the education policies, curriculum modifications of the universities, colleges and vocation training as well as labor migration. According to the results of the study, the major challenge for the mining sector is lack of creative, enthusiastic and professional personnel. Therefore, identification of the accurate government policies that would ensure the balance between supply, the demand for the human resources in the mining sector and cohesion of the stakeholders are becoming essential.

scholarly journals Foreign Direct Investment (FDI), Trade and Its Contribution to the Mining Sector of Guinea

2016 ◽  
Vol 7 (2) ◽  
pp. 65
Author(s):  
Kimberly Racquel Elizabeth Chin
Keyword(s):  
Economic Growth ◽  
Foreign Direct Investment ◽  
Exchange Rate ◽  
Gross Domestic Product ◽  
Direct Investment ◽  
Mining Industry ◽  
Domestic Product ◽  
Mining Sector ◽  
The Government ◽  
The Relationship

In order to objectively analyze Foreign Direct Investment (FDI) contribution to Guinea’s mining sector, the granger casualty test was used to determine the relationship among variables and to determine whether any of these variables affect others and how. The variables used are Gross Domestic Product, Government Income, Trade, FDI inflow into Guinea mining sector and the exchange rate. The granger casualty test produced evidence of a bidirectional casualty relationship which suggests that FDI’s influence on efficiency lies in the government relaxing its dependency on the mining industry for economic  growth.

scholarly journals The Principle of Regulation of Mining Business License

Yuridika ◽  
2021 ◽  
Vol 36 (1) ◽  
pp. 121
Author(s):  
La Sensu Sensu ◽  
Oheo K. Haris ◽  
Muhammad Nazar
Keyword(s):  
Basic Principle ◽  
Government Policy ◽  
Local Governments ◽  
Local Community ◽  
Legal Aspects ◽  
Environmental Damage ◽  
Legal Research ◽  
Basic Principles ◽  
Regional Autonomy ◽  
The Government

The purpose of this study is to see and analyze the substance of a mining business permit regulation for the government to communities around mining and to find out and analyze the basic principles of a government policy to give birth to the welfare of communities around mining. This research used socio-legal research, which is a type of research whose orientation is focused on legal and non-legal aspects, namely the work of law in society and government. This revealed is that (1) the nature of Mining Business Permit Arrangements in regional autonomy has created euphoria among local governments, one of which is the assumption that mining belongs to the region and the local community; (2). Whereas the basic principle of the birth of a policy that does not pay attention to the welfare and interests of the local community will result in environmental damage, disharmony between residents, and the absence of commitment to building from mining entrepreneurs from the community around the mine.

scholarly journals KONSISTENSI PEMERINTAH INDONESIA DALAM POLITICAL WILL PASCA KEIKUTSERTAAN RATIFIKASI PERJANJIAN INTERNASIONAL DI BIDANG HAM

Jurnal Hukum ◽  
1970 ◽  
Vol 28 (2) ◽  
pp. 1025
Author(s):  
Wahyu Nugroho
Keyword(s):  
Human Rights ◽  
Action Plan ◽  
Logical Consequence ◽  
National Level ◽  
Legal Research ◽  
International Human Rights ◽  
Political Will ◽  
Directorate General ◽  
International Human ◽  
The Government

Commitment or often termed the government's political will to implement and enforce the rights of the ratification of several international human rights instruments are still being encouraged and is a logical consequence of the ratification of human rights. At the national level, there are government programs through the National Action Plan human rights ideal, but at the regional / local, still going violations of human rights and the implementation of a slightly run due to differences in the interpretation of the meaning of human perception among law enforcement, people’s (civil society) and the government.In this study, the observed variables are: first, the consequences of the government's participation in the ratification of treaties on human rights, which is then transformed into national legislation. Here, researchers are more focused on the political will of the government, and second, people's perception of human rights before the government took part in the ratification of treaties on human rights and the changes are positive or merely lip service and political imagery alone.Approach or method that is applied using a socio-legal research or empirical legal research. Key informants of this research is the Head of the sub-directorate of economic, social, cultural and development at the Directorate General for Multilateral Directorate of Human Rights and Humanitarian Ministry of Foreign Affairs, Head of legal harmonization in the Directorate General of Human Rights of the Ministry of Law and Human Rights, Commissioner Assessment and Counseling sub Commission on Human Rights at the National Commission on Human Rights and Resource Development Deputy Head of Human Rights in ELSAM (Institute for Policy Research and Advocacy). Interviews using questionnaires and interviewKeywords : Political will, government, ratification, treaty, international human rights.

scholarly journals Koordinasi Wewenang Komisi Pemberantasan Korupsi (KPK) dengan Penegak Hukum Lainnya dalam Melakukan Penyidikan Tindak Pidana Korupsi

2021 ◽  
Vol 2 (1) ◽  
pp. 119-124
Author(s):  
Ni Putu Gita Loka Chindiyana Dewi ◽  
I Nyoman Sujana ◽  
Luh Putu Suryani
Keyword(s):  
Law Enforcement ◽  
Research Method ◽  
Legal Research ◽  
Law Enforcement Agencies ◽  
Implementation Approach ◽  
The World ◽  
The Government ◽  
The Relationship ◽  
Crime Of Corruption

Corruption is a problem in the economy of every nation in the world, whether in Government or private environments. With the promulgation of Act No. 31 of the year 1999 Jo Act No. 20 year 2001. The Government in the year 2002 through Law – Law Number 30 year 2002 about corruption eradication Commission formed corruption eradication Commission (KPK) which is a specialized agency in dealing with the special corruption. At issue is how the authorities of the corruption eradication Commission (KPK) in conducting the investigation, the crime of corruption? And how coordination between the corruption eradication Commission (KPK) and other law enforcement agencies in conducting the investigation, the crime of corruption? The study used is the normative legal research i.e. research examines law is a law written from various aspects, but does not examine aspects of applied or implementation. Approach this research method by means of reviewing all laws, understanding the hierarchy of principles and legislation. The conclusion in May of this research is that in regards to the investigation of criminal acts of corruption, the corruption eradication Commission (KPK) has authority that is doing the coordination and supervision that can perform the takeover against investigation or the prosecution conducted by the Police and the Prosecutor's Office. But in the relationship between the coordination with other law enforcement agencies KPK still haven't made good cooperation.

scholarly journals LEGAL PROTECTION FOR FOREIGN INVESTMENT IN THE MINERAL AND COAL MINING SECTOR IN INDONESIA

2021 ◽  
Vol 12 (2) ◽  
pp. 102-114
Author(s):  
Vania Shafira Yuniar
Keyword(s):  
Coal Mining ◽  
Foreign Investment ◽  
National Economy ◽  
Legal Protection ◽  
Literature Study ◽  
Legal Research ◽  
Mining Sector ◽  
Foreign Investors ◽  
Study Approach ◽  
The Government

One of the indicators of Indonesia's economic development is investors. Investors are actors who have a role to empower and manage potential resources to serve as the country's economic strength. Mineral and coal mining plays an important role in the national economy and has great potential in the development of the national economy. The purpose of this research is to determine and analyze about legal protection for foreign investment in the mineral and coal mining sector in Indonesia. The research method used in this article is normative legal research and through a literature study approach with secondary assessment of legal materials and juridical data analysis. The results of this study indicate that the regulations related to foreign investment in the mining sector still use Law Number 25 of 2007 concerning Investment and Law Number 3 of 2020 concerning Amendments to Law Number 4 of 2009 concerning Mineral and Coal Mining which are considered by the Government as a basic regulation that is still in accordance with current conditions in Indonesia regarding investment and mining of minerals and coal. Therefore, special arrangements are needed related to foreign investment in the mining sector, because the existing laws and regulations are unable to explain in detail the aspirations and needs of foreign investors in implementing cooperation contracts in mineral and coal mining activities.

Sign in / Sign up

Export Citation Format

Share Document