scholarly journals AKIBAT HUKUM ATAS PEMBATALAN SURAT KEPUTUSAN BUPATI TENTANG PEMBERHENTIAN KEPALA DESA SUMURBER KECAMATAN PANCENG KABUPATEN GRESIK

2019 ◽  
Vol 3 (1) ◽  
pp. 75-88
Author(s):  
Eksan Eksan ◽  
Ainul Masruroh ◽  
Sholihan Sholihan

The agency or the administrative office of the State does not necessarily succeed in carrying out its duties, sometimes the dispute arises due to a decision of the State administration that can cause dissatisfaction. The proposed termination of village chief conducted by the Village consultative Agency is not qualified as a reason to dismiss the head of Sumurber village, Panceng District, Gresik Regency. In addition to the State Administrative Decree/object dispute is contrary to government regulation about the village, also contrary to the regional regulation of Gresik Regency number 12 Year 2006 about the village government. On the other hand, the country's administrative decisions are contrary to good principles of government. Because the State Administrative Decree/object dispute is a state administrative decision contrary to good laws and principles of government. The author uses a method of scripting which provides the solution of legal case ATS that occur. This study analyzed the cancellation of decree of Regent of Gresik No. 141/678/HK/437.12/2013, dated 3 May 2013 concerning the dismissal of the village head of Sumurber, Panceng District, Gresik Regency. The decision of deliberation of the village consultative Agency related to the termination of the village head has been null and void, as a result of the Regent's decision on the termination of Sumurber village chief is irrevocable.

2018 ◽  
Vol 3 (2) ◽  
pp. 198
Author(s):  
Elwidarifa Marwenny ◽  
Engrina Fauzi ◽  
Jelisye Putri Cenery

One of the form of applying the value of democratic in Indonesia is accommodate by the regulation of community organization which is concretely regulated in the provisions of article 28 E Paragraph 3 of the 1945 constitution also in the provisions of law number 39 of 1999 on Human Rights. The existence of community organizations does have a great constribution in the implementation of the state, but on the other hand the existence of people raises the pro and contra. The enecment of government regulation number 59 on community organization established by foreign citizens makes the community more worried if the exixtance of community organizations affect the sovereignty of NKRI because they have different ideology with Indonesia. Based on this, it should be discussed about the organizations in Indonesia. The position of foreign social organizatios in Indonesia is reviwed from the government regulation number 59 of 2016 on community organizations established by foreign citizens and the influence of basic organizations for the sovereignty of NKRI. To answer that question, qualitative method is used  as a means to answer the problem by conducting of normative juridical approach which is done by reviewing the law and the literature. Based on this study, it is concluded that the existence of foreign social organizatios in Indonesia in line with  democracy and human right but also politically can treaten NKRI.


2019 ◽  
Vol 2 (1) ◽  
pp. 47
Author(s):  
Nofiarsyah Nofiarsyah

ABSTRAKLahirnya UU 6/2014 tentang Desa, membutuhkan kesiapan pelaksanaannya terutama kesiapan sumberdaya aparatur pemerintah desa (SDAP). Tujuan dari penelitian ini adalah pemetaan kapasitas dan mengembangkan strategi peningkatan kapasitas SDAP desa. Penelitian menggunakan pendekatan kualitatif menggunakan data primer (wawancara dan observasi dokumen serta artefak) serta data sekunder dari instansi terkait. Hasil penelitian menemukan bahwa kapasitas sumberdaya aparatur desa di Kalimantan Timur masih belum optimal baik ditinjau dalam aspek Perencanaan dan Penganggaran Desa, Keuangan Desa, Penyusunan Kebijakan Desa, dan Manajemen Pelayanan Desa. Berbagai program peningkatan kapasitas telah dilakukan baik oleh Pemerintah Provinsi, Pemerintah Kabupaten maupun inisiatif Pemerintah Desa. Namun berbagai program peningkatan kapasitas belum terintegrasi antar instansi, serta lebih banyak pada aspek teknis. Di sisi lain, pengelolaan sumberdaya desa tidak hanya membutuhkan kapasitas teknis, namun kapasitas manajemen, kewirausahaan dan kapasitas berfikir konseptual. Sumberdaya aparatur di wilayah perdesaan, sebagian besar berpendidikan SMA ke bawah secara umum mempunyai potensi kearifan lokal, namun terbatas untuk kapasitas manajerial dan kapasitas berfikir konseptual. Penelitian ini merekomendasikan strategi yang dapat diterapkan untuk penguatan kapasitas sumberdaya aparatur desa desa selain melalui sosialisasi, pelatihan, bimbingan teknis, konsultasi yang selama ini dilakukan yaitu melalui penguatan kapasitas manajemen dan kewirausahaan. Kedua, melalui pengembangan modul-modul yang memudahkan SDAP desa dalam pengelolaan sumberdaya desa.Kata kunci: Desa, Kapasitas, Sumberdaya Aparatur ABSTRACTThe issuance of Law 6/2014 concerning Village Government requires readiness for its implementation, especially the readiness of village apparatus resources. The purpose of this activity is to map capacity and develop strategies to increase village apparatus resources capacity. The study uses a qualitative approach using primary data (interviews and observation of documents and artifacts) as well as secondary data from related institutions. The results of the study found that the capacity of village apparatus resources in East Kalimantan was still not optimal both in terms of Village Planning & Budgeting, Village Finance, Village Policy Formulation, and Village Service Management. Various capacity building programs have been carried out both by the Provincial Government, District Government and the Village Government initiative. However, various capacity building programs have not been integrated between agencies, and there are more technical aspects. On the other hand, management of village resources on the other hand requires not only technical capacity, but management capacity, entrepreneurship and capacity for conceptual thinking. Apparatus Resources in rural areas, most of them with high school education and below generally have local wisdom potential, but are limited to managerial capacity and capacity for conceptual thinking. This article recommends strategies that can be applied to strengthen the capacity of the village apparatus resources in addition to through socialization, training, technical guidance, consultation that has been carried out so far through strengthening management and entrepreneurial capacity. Second, through the development of modules that facilitate village human resources development in managing village resources.Keywords: Apparature Resources, Capacity, Village


Author(s):  
Daimul Abror

This research describes, analyzes and interprets the implementation of the Village Fund Cash Direct Assistance Policy for the community in Sidorejo village, especially the poor community during the Covid-19 outbreak. The research method used is a qualitative method with a case study approach. The results of the research are that (1) the implementation of policies in the decision mentality approach from the village government is related to the determination of residents who are entitled to receive BLT Village Funds based on the results of village deliberations involving the Village Head and BPD. In addition, it is also based on provisions from the central government that BLT DD recipients are not PKH participants, but the reality on the ground is that there are still many PKH recipients who receive BLT DD. This attitude shows that there is a mentality that shows that the village government is less careful in data collection and on the other hand the mentality of the people who like to take advantage of this momentum to increase personal benefits. (2) the implementation of the policy in the system approach approach shows that the flow and mechanism of data collection have been carried out in accordance with applicable regulations, where the phase I distribution system of village funds has been running well. (3) the implementation of the policy in the collaborative network approach shows that there is still a lack of understanding between the Village Government as the implementer of the BLT DD policy and the community as the recipient of the BLT DD, where there are still people who are participating in the PKH program who in fact still receive BLT DD. This shows a lack of awareness from the community and on the other hand the lack of a validation process from the village government.


2019 ◽  
Vol 26 (2) ◽  
pp. 253
Author(s):  
Achmad Hariri

The existence of the Village Government in the perspective of Law Number 6 of 2014  concerning Villages is increasingly clear, it’s because the village is given the authority to manage and regulate its own household as known as the subsidiarity principle, while independence in managing governance in regional government is known as the principle of decentralization. This authority is given to realize the vision of the life of a prosperous and independent village government. But in the implementing regulations contrary to the concepts and principles of the establishment of the Village Law, there are several norms explicitly that village authority is still intervened by the government Supra Desa (Regional Government). The purpose of this study is to analyze the existence of village government. The results of this study recommend that there is a need for synchronization and harmonization between the regulations governing village authority, namely Law number. 6 of 2014 concerning Villages, Government Regulation Number 43 of 2014 concerning Implementation Regulations of Law Number 6 Year 2014 concerning Villages, and Government Regulation Number 60 of 2014 concerning Village Funds sourced from the State Budget.


2016 ◽  
Vol 12 (4) ◽  
pp. 795
Author(s):  
Tanto Lailam

The Pro’s – Con’s of the Constitutional Court in the review of law in a regulated of the authority, since, it was a conflicting of procedural principles between “ius curia novit” with “nemo judex idoneus in propria causa”. Morever, the background by implication of Constitutional Court decisions, sometimes Constitutional Court making a “rule breaking”,  for examples: nullify of some of law if had reduction of  the authority, addition of constitutional authority to review of law before the 1945 Constitution amendment, additional authority to review of Government Regulation in lieu of law, and used non-constitution as a standard in the formal review, and others. On the other hand, the Constitutional Court also sometimes to choose a   legal logic doesn’t precise and anti-accountability principle. The Conflicts of the procedural principles can  be  resolved  by  understanding  philosophy  of  purposes of law (justice value, legal certainly, utility principle), so that, the Court will have been prioritizing to “ius curia novit” principle and it ignored “nemo judex idoneus  in propria causa”principle, it is intended that the enforcement of the constitution (values) and the state of the Indonesian rule of law, as well as for the Court to aims decided of constitutional issues and to aim the protection of constitutional rights.


2021 ◽  
Vol 4 (2) ◽  
pp. 133
Author(s):  
Nur Lazimatul Hilma S ◽  
Parmin Ishak

This study purposed to analyze the indication of bureaucratic pathology of the village government and its effect on the success of village fund budgeting management by applying the variable dysfunction of bureaucracy and mal administration as independent variables and accountability as the dependent variable.This research is applying descriptive analysis research methods and multiple regression with 98 participants from the staff of the  village offices in Wonosari sub district. As the results, this study shows that simultaneously dysfunction of bureaucracy and mal administration have a significant effect on accountability, while partially the variable Disfunction of bureaucracy does not have a significant effect. On the other hand, mal administration has a significant effect on the accountability of the village government.


2017 ◽  
Vol 1 (1) ◽  
pp. 90
Author(s):  
Dian Septiandani ◽  
Abd. Shomad

Zakat is one of principal worship requiring every individual (<em>mukallaf</em>) with considerable property to spend some of the wealth for zakat under several conditions applied within. On the other hand, tax is an obligation assigned to taxpayers and should be deposited into the state based on policies applied, with no direct return as reward, for financing the national general expense. In their development, both zakat and tax had quite attention from Islamic economic thought. Nevertheless, we, at first, wanted to identify the principles of zakat and tax at the time of Rasulullah SAW. Therefore, this study referred to normative research. The primary data was collected through library/document research and the secondary one was collected through literature review by inventorying and collecting textbooks and other documents related to the studied issue.


2021 ◽  
Vol 22 (14) ◽  
pp. 7582
Author(s):  
Evgenii Gusev ◽  
Alexey Sarapultsev ◽  
Desheng Hu ◽  
Valeriy Chereshnev

The COVID-19 pandemic examines not only the state of actual health care but also the state of fundamental medicine in various countries. Pro-inflammatory processes extend far beyond the classical concepts of inflammation. They manifest themselves in a variety of ways, beginning with extreme physiology, then allostasis at low-grade inflammation, and finally the shockogenic phenomenon of “inflammatory systemic microcirculation”. The pathogenetic core of critical situations, including COVID-19, is this phenomenon. Microcirculatory abnormalities, on the other hand, lie at the heart of a specific type of general pathological process known as systemic inflammation (SI). Systemic inflammatory response, cytokine release, cytokine storm, and thrombo-inflammatory syndrome are all terms that refer to different aspects of SI. As a result, the metabolic syndrome model does not adequately reflect the pathophysiology of persistent low-grade systemic inflammation (ChSLGI). Diseases associated with ChSLGI, on the other hand, are risk factors for a severe COVID-19 course. The review examines the role of hypoxia, metabolic dysfunction, scavenger receptors, and pattern-recognition receptors, as well as the processes of the hemophagocytic syndrome, in the systemic alteration and development of SI in COVID-19.


Early China ◽  
1995 ◽  
Vol 20 ◽  
pp. 241-277 ◽  
Author(s):  
Constance A. Cook

Bronze Inscriptions of the Western Zhou period show how ritualists were once dedicated to maintaining the ritual apparatus supporting the divine authority of the royal Zhou lineage. Bronze and bamboo texts of the Eastern Zhou period reveal, on the other hand, that ritualists able to manipulate local rulers reliant on their knowledge subsequently subverted power into their own hands. Ritualists such as scribes, cooks, and artisans were involved in the transmission of Zhou “power” through the creation and use of inscribed bronze vessels during feasts. The expansion and bureaucratization of their roles in the Chu state provided economic and ultimately political control of the state. This was particularly the case as the Chu, like the Zhou before them, fled east to escape western invaders.


2020 ◽  
Vol 42 (1) ◽  
Author(s):  
Tinashe Mawere

In the context of the hashtag movement #ThisFlag, this paper examines the sensual affects drawn from flag symbolism and why the Zimbabwean flag is policed by the state. It uses the symbolism and politics of the hashtag movements by focusing on Evan Mawarire’s national lament and the Zimbabwean flag. It employs a literary and discursive analysis of Mawarire’s lament using desktop research on the contestations surrounding the flag. It shows that in dominant nationalist discourses, the flag is imaged as the land/nation and feminised to warrant it utmost respect, protection, sanctity and re/productive capacity. On the other hand, the #ThisFlag has made use of the flag to resist and subvert grand and naturalised dominant discourses of nationalism and citizenship to foster new imagi/nations of the nation. The use of the flag by the movement provoked ZANU-PF’s ownership of the national flag, which is quite similar to and has been drawn from the flag of the party, hence the movement was challenging the identity of the party, its ownership and its relevance. The paper shows the fluidity of symbols and symbolic meanings and why #ThisFlag had symbolic radical power and the possibilities of using the state’s and ZANU-PF’s cultural tools to challenge ZANU-PF’s hold on national knowledge and power. It contributes to our understanding of both state-power retention and how subaltern voices can uncover the agency of subjects within the very instruments of control incessantly used by dominant regimes.


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