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Konsep Hukum Administrasi Lingkungan Dalam Mewujudkan Pembangunan Berkelanjutan
Get PDFNowadays, Enviromental issue is not belong to Individual or bilateral issue merely, it has becornara collective responsibility of all people in the world. We can say that any pollution and environmental damage almost reach out the highest culmination. A conjungture enviromental disaster almost occurred in all over epicentrum of the world, including Indonesia. It will be an undebatable proof that between human and nature in the context of enviromental management is getting to be unfriendly. Thus, prevailing every existing issue, needs a progressive and integrative legal breakthrough, which is become one of elegant solution for sake of suistainable development purposes. Therefore, hopefully, the estuary of this writing is attempt to give alternative idea to development of the concept of legal administrative oversight, which will be a reference for development of administrative law and currently as a correction of the oversight of enviromental administration all at once
Penguatan Demokrasi Lokal Melalui Penghapusan Jabatan Wakil Kepala Daerah
Get PDFDemocracy at the local level becoming a necessity for achieving the goals of regional autonomy. Furthermore, the strengthening of democracy at the local level being the significant pillar in strengthening democracy at the national level. The strategic step to consolidate democracy at the local level particulary in terms of the regional head elections is by elimination the position of deputy regional head . This paper is describes the problems about the circumtances after head local election specially the relationship between Regional Head and Deputy Regional Head along with the idea about the eliminationof the position of Deputy Regional Head
Konstitusionalitas Perjanjian Distribusi dalam Persaingan Usaha Sehat
Get PDFDistribution agreement that contains the agency agreement if the terms of law no.5, the year 1999 concering Prohibition of Monopolistic Practices and Unfair Business Competition can be categorized as a distribution agreement if the basic agreement between the parties is a purchase agreement so that he acts on his own name so that can have the freedom to set prices of goods or services that have been bought.In practice in Indonesia,distribution agreement have a variety of different shapes and substances in accordance with the will of the parties,so that in determining whether the agreement included an agreement that made the distribution or agency agreement should be seen from the substance of the agreemen
Eksistensi Badan Pertanahan Aceh sebagai Perangkat Daerah di Aceh dalam Aspek Kepastian Hukum Bidang Pertanahan
Get PDFUnder the provisions of Article 253 of Law No. 11 Year 2006 regarding Aceh Government insists on the transitional status of the Regional Office of the National Land Agency of Aceh and District Land Office / City into the device unit area of Aceh and district / city, which is limited to the budget end of 2008. However, the status of the new transition can be completed in the year 2015 with the issuance of Presidential Decree No. 23 Year 2015 on the transfer of the Regional Office of the National Land Agency of Aceh and District Land Office / City Land Agency Become Aceh and Aceh Land Office Regency / City. The problems that arise as a result of the enactment of legislation that is related to the authority of the President of the Regional Office of the National Land Agency of Aceh are still centralized, resulting in disharmony between the legal provisions of Law No. 11 of 2006 by Presidential Decree No. 23 Year 2015. The purpose of this paper is intended to examine the form of disharmony legal provisions of Article 253 of Law No. 11 Year 2006, which refers to Memorendum of Understanding (MoU). And, examine the impact of the authority of the National Land Agency of Aceh on the enforceability of Presidential Decree No. 23 Year 2015
Refraksi Yuridis Penetapan Program Legislasi Nasional di DPR RI
Get PDFProlegnas is a law developmental transformation after the amendment of UUD NRI 1945. However, the effectuation of Prolegnas’s decree by DPR RI always shows the less of law reformation level, either on qualitative measure or the quantitative. This research has a focus to arrange a law prescription of juridical refraction on the effectuation of Prolegnas’s decree by DPR RI. The research explains the peak of trouble of the effectuation of Prolegnas’s decree, consists of low level of consistency and realization, the incompatibility between Prolegnas’s substances and mandated by legislation and the list of draft bill which not based on an academic research. Those are a logical clause of two juridical refraction stages, viz, formal concession and substance concession (prospective orientation)
Pertentangan Pengaturan Pemilihan Anggota Komisi Independen Pemilihan di Aceh
Get PDFFor the implementation of democratic elections required the existence of an institution independent of the general elections. The regulation of the formation of management bodies General Election in Aceh that was different from other regions are specifically regulated in Law Number 11 Year 2006 about Aceh Government and Qanun Aceh No. 7 of 2007 on General Election Organizer in Aceh. The purpose of this paper is to identify and explain the setting election of members of the general elections in Aceh and institute legal position of the general elections in Aceh. Based on the results of the study reveal any rules that conflict with the principles and legislation governing the establishment of the general elections in areas outside Aceh that assessed the existence of the institution of the general elections in Aceh are not independent because of the intervention of members of political parties
Ekstensifikasi Subjectum Litis dalam Perselisihan Pemilu Legislatif dan Pemilihan Kepala Daerah
Get PDFSubjectum litis in The Legislative and Regional Head Election Disputes in Indonesia has been determined in a limited manner in The legislation and The regulation of the Constitutional Court. However along with the election, there is expansion and constriction of subjectum litis. The purpose of this study was to investigate the determinant factors that cause flexibility of subjectum litis in legislative and regional head election dispute. In addition, no previous studies that examine factors associated with the causes flexibility of subjectum litis in the legislative and the regional headselestion.The method used in this research is using qualitative methods with normative juridical approach by collecting data and information of the legislative and head regional election dispute advance in literature. The results obtained in this study that the shift in legislative elections expanded not only to political parties and individuals DPD that can be subjectum litis but also those of individual candidates of political parties can be subjectum litis in the legislative election disputes. The factor that caused it is the choice of electoral system is still used to 2014 electoral system. Meanwhile, the Regional Head election disputes in general as subjectum litis are that couple candidates for Governor and Vice Governor, Regent and Vice Regent and the Mayor and Deputy Mayor. But in its development, the narrowing of the only candidates who met the threshold difference of votes that can act as an applicant. Besides narrowing, there is also an extension where Consitutional court accommodate domestic election observers were registered and accredited by the KPU / KIP can act as subjectum litis and as the applicant would be candidates in the General Election of 2010. Factors that cause the narrowing and expansion in the elections of regional heads are the will of lawmakers and the limited authority of the Consitutional court as well as the presence of a single candidate who is not predictable by lawmakers in drafting electoral laws regional head. Whereas in 2010, the expansion of subjectum litis because the Court did extensive interpretation caused by serious violations of the right to be elected (rights to be a candidate). Suggestions for lawmakers tobe more thoroughly formulate norms by looking at the existing state of society so it can bring justice and legal certainty both for the expectant couple and society
Cita Demokrasi Indonesia dalam Politik Hukum Pengawasan Dewan Perwakilan Rakyat terhadap Pemerintah
Get PDFConstitutional discourse can not be separated from the discussion on democracy building. The existence of the House of Representatives in Indonesia with its oversight function of government is one manifestation of democracy. With a historical approach juridical writings results of this study concluded that the statute law of political representative institutions is likely to continue to strengthen parliamentary oversight of government functions by providing additional instruments that can be used by the legislature as an institution and the individual members of the House to conduct oversight. The legal political tendencies are in accordance with the ideals of democracy in Indonesia who wanted representation of the people in the context of the embodiment of the people’s sovereignty in a representative body, but does not eliminate the critical power of the people to the ruler
Optimalisasi Peran Hakim Agung dalam Penyelesaian Perkara Kasasi dan Peninjauan Kembali
Get PDFThis article aims to provide knowledge and understanding on the functions of the state law enforcement agencies in Indonesia. Differences of powers and functions of law enforcement agencies such as the Supreme Court, Attorney General’s Office and the Constitutional Court needs to be understood in depth. Furthermore, given the problems in all courts all over the world which is, among others, the slow settlement of cases, this article describes and analyses the role of Supreme Court Justices in resolving cassation and review cases before and after the issuance of the decree of the Chief Justice Number 119/KMA/SK/VII/2013 regarding the determination of the Day of Deliberation and Pronouncement and Number 214/KMA/SK/XII/2104 concerning Time Period for the Handling of Cases at the Supreme Court. However, when Constitutional Court pronounced Ruling Number 34/PUU-XI/2013 a problem arises in which the products of the two state judicial bodies seem to be inconsistent, especially in the framework for the resolution of criminal cases. On the one hand, the Supreme Court wants the creation of a judicial process that is simple, speedy, and low cost through the strengthening of the two products above, but on the other hand the Constitutional Court through its award extend the time span of litigation process for the settlement of review cases which can be done repeatedly. Thus, in order to provide legal certainty, the Supreme Court issued Supreme Court Circular Number 7 Year 2014 which essentially affirms that the petition for review in criminal cases is limited only one time based on other legal basis namely Judicial Authority Act and Supreme Court Act
Putusan Mahkamah Konstitusi Menghapus Rintisan Sekolah Bertaraf Internasional dalam Tinjauan Maqashid Syari’ah
Get PDFArticle 50 paragraph(3) of Law No. 20 of 2003 on National Education Systems that reads “Government and / or local government orgsnizes at least one education unit on all levels of education to be developed as an international strandard educational system. ”On Tuesday, 8 January 2013, Constitutional Court (MK) declared that the article no longer has binding force of law. With this MK’s verdict it is therefore clear that International-Standard Pilot Project School (RSBI) and International-Standard School (SBI) will shortly be abolished from our national education system since it is in opposition to the 1945 Constitution. Constitutional Court’s decision that abolishes RSBI is interesting because RSBI is actually expected to be the benchmark for the success of educational development. An RSBI that is established in a district serves as a model for other schools. Those schools also develop to be international-standard schools. In other words, RSBI is established to improve quality of education. Then why shouldbeabolished? Is the Constitutional Courtdecision right? Thesesarethe research question which become the subject matter of this writing. Maqashid Syari’ah method is used to find out the answer to the questions. Based on the analysis of Maqashid Syariah on the Court’s decision, the research came to a conclusion that the Ministry of education with its RSBI has higher level of mashlahat(benefit/advantage) than that of Constitutional Court’s. Moreover, in today’s global context, the Constitutional Court decision that abolished RSBI is considered inappropriate