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Konstruksi Regulasi Sistem Pemilihan Kepala Daerah Menuju Sistem Pemilihan Kepala Daerah yang Demokratis dan Aspiratif
Get PDFThis research is expected to produce the formulation of regulations on the regional election democratic and aspirational in order to embody democracy and good governance, from centralist to decentralization, of authoritarian to democracy. This research approah is a constructivism paradigm. The characteristics of this research are: first, this research uses an approach which law that manage the election as a mental construction reality of individual result of writing, and subjective action. Second, to get the data, the writer interact with expertises accurately and also governmental parties who are competent in this focus of research. Third, the interaction between the writer and expertises is conducted directly. Fourth, in accordance to various scientific literature works, then used as guidance by the researcher to conduct their own regulation construction in regional election. Fifth, conducting focus group dicsussion to get input for the improvement of this research
Institutions and Mechanisms for Internal Conflict Resolution: Legal and Non-Legal Means in Resolving Dispute and Attaining Justice in Malaysia
Get PDFSeeking justice is a noble cause and dispensing justice is an obligation that the state must fulfill. Under the doctrine of separation of powers courts exist to protect people and their rights, to guarantee fairness and justice for all. The task to combat injustices, produce a just ordering of society, ensure a fair distribution of material and legal resources, safeguard the rule of law, promote equality, ensure proportionality in punishment, and protect entitlements and legitimate expectations should not be put on the shoulders of judges and courts only. It must be spread out and shared by other institutions and by whatever means availabl
KONFIGURASI POLITIK DAN KEBERPIHAKAN REGULASI DAERAH BIDANG HAK EKONOMI, SOSIAL DAN BUDAYA PADA MASYARAKAT MARJINAL DI KALIMANTAN BARAT
Get PDFThis research aimed to evaluate and describe the political configuration of regional government and alignment of regional regulations which regulate the fulfillment of ecosoc rights of marginalized societies in West Kalimantan. By means of socio-legal approach, this research founds the fact of political configuration of Regional Government of West Kalimantan that is classified as democratic, does not automatically produces some regional regulation which stand up for (responsive) the fulfillment of ecosoc rights of marginalized societies. The Identification of its causes is regulatory problem due to the lack of unity of regulations which are synchronized and consistent, the low perception of both regional government and societies toward the existence of the fulfillment of ecosoc rights and the factor of absence of political will to regulate the regional regulations that based on alignment for marginalized societies. Ideally, the construction of regional regulations is not committed in discriminative and always accommodate the normative basic of human rights
Membangun Budaya Hak-Hak Asasi Manusia
Get PDFThe violations of Human Rights remain spread in all over the world until now. There are violations of Human Rights in all the countries in this universe. It is not possible to find a country, which free from this violation. It is very terrible, such as the professional killing and systematic murder. It will cause to grow the culture of dead. This culture does not respect on the human life. The professional killing and systematic murder are real social fact, which are not distinct and justly resolved. This criminal actions will grow more terrible, if the official organs of the government provoke and take apart in this matter, do not want to obstacle and stop them, although they are capable to do it. The culture of Human Rights can be built, if the culture of life has been respected, the people, especially the organ of the government takes care and respect to Human Rights and promote them as well as possible. So the human life will grows to the directions of the welfare for the people and more civilized. If the people develop the culture of Human Rights, the human civilizations will grow for respect them. We have task to develop the culture of Human Rights
Perlindungan Hukum Terhadap Anak Korban Kejahatan Seksual dalam Perspektif Hukum Progresif
Get PDFA child has the right in the same as like own adult people. There are not many people that have thought to do certain things with Children’s right protection. So there are some efforts to protect children’s right that have been broken by country, adult, their environment, or their parents that did not give much attention to their future. Whereas, child as the soul and the reflection of the future, family asset, religion, and nation. Child get bad experience, like children exploitation, children abusement, being sex toy, child labor, abandoned, become the street children, victims of drug trafficking. Universally, Indonesia in breaking of the children’s right in real or nonreal become a normal and common image as mass media gives news about that. Indonesia as a law nation based on Pancasila must give a law protection to society, because of that the law protection will produce confession and human rights protection in his shape as individual creatures and social creatures in a unitary state that uphold family spirit in order to attain public welfare. Law enforcement to child victims of sexual crime in North Sumatra as conceptually has been located on the harmonizing relations of the values which span the hierarchy activities in good rules and with attitude as series value hierarchy, to build, maintain, and defend the peacefulness social life, conception that has basic philosophy that makes more solid. Construction law to protection children victims of sexual crime in progressive law perspective is an ideology and dedication of the perpetrators of law got the first place to do a dignification
INTERPRETASI BENTUK BADAN USAHA MILIK DESA MENURUT UNDANG-UNDANG NOMOR 6 TAHUN 2014 TENTANG DESA
Get PDFThis research aimed to analyze about Interpretation Forms village-owned enterprises According to Law No. 6 of 2014 About the Village. To answer the legal issues mentioned above, the type of research conducted by the researchers are using a normative juridical research, by using the approach the statute approach and conceptual approach. From the analysis of Law No. 6 of 2014 About the village and its implementing regulations, it was concluded that the establishment of village-owned enterprises, the Government does not impose the form of a particular enterprise, this is an effort to grow the rural economy naturally through a form of business entity characterized by village, Rule further that in terms of business activities can run and well developed, it was possible at the time village-owned enterprises follow legal entities established in the provisions of the legislation, here the researchers interpret of legislation, that the legal entity in question is Village Public Company. Additionally village-owned enterprises can consist of business units that are legal entities which may be institutions whose business is derived from its ownership village-owned enterprises and communities
Menyoal Makna Netralitas Pegawai Negeri Sipil dalam Undang-Undang Nomor 5 Tahun 2014 Tentang Aparatur Sipil Negara
Get PDFProblems of neutrality of civil servants will always occur when the meaning of neutrality is not in sync with the norms. In order to evaluate governance, the meaning of neutrality should be broader and more functional towards the legal relationship in the context of public official relation in the field of civil servants law. Substantially, the focus of Law Number 5 Year 2014 concerning Civil State Apparatus just make civil servants as an object of neutrality, regardless of the dynamic activity of practical politic intervention. It should be underlined that the role of civil servants in government always correlate with many interested parties. If neutrality is not matched by standard criteria and restrictions, it is very possible neutrality principle only be a slogan with minimum implementation
FUNGSI BHP SEBAGAI WALI PENGAWAS TERHADAP ANAK DI BAWAH PERWALIAN DALAM RANGKA PERLINDUNGAN ANAK (STUDI KASUS DI BHP SEMARANG)
No full textAccording to Article 45 paragraph (1) Regulations No 1 1974 about marriage, both of the parents have obligation to take care and educate their children as well as possible. But in fact, many events can be watched on parents who do not do their duties as parents. Children who are not in the authority of their parents, will be placed under the guardianship. According to Article 306 of the book of the civil law act in guardianship there should be a guardian which is run by the Heritage Hall. The problem rises is the existence of the Heritage Hall as the guardian watch in guardianship that can give protection to the children under the guardianship and how are the efforts to optimize the function of the Heritage Hall as the guardian watch to the children under the guardianship. This research is a normative and an empirical law research. The conclusion of this research is that the guardian's obligations and the obligations of the Heritage Hall as the guardian watch if it is executed to provide protection to the children, both the personality and the treasure. Thus, the position of Heritage Hall as the guardian watch needs to be maintained. The efforts of Heritage Hall to optimize the function of the Heritage Hall as the guardian watch can be reached by the bill of draft legislation about Heritage Hall. By maintaining the provisions of the book of civil law act or S 1872 No 166 on the instruction of Heritage Hall, which are still needed by the Heritage Hall in doing the duties
Kebijakan Formulasi Pengaturan “Illicit Enrichment” Sebagai Upaya Pemberantasan Tindak Pidana Korupsi
Get PDFIn its progress, the criminal sanctions given to the convicted offenders of corruption are not effective. Therefore, in order to prevent corruption, the strategy needs a certain mechanism to criminalize the alleged offenders of corruption. The proper strategy is to provide a deterrent effect aims to impoverish corruptor. This study attempts to examine the regulations of corruption and offers alternative setting formulations of illicit enrichment as an effort to prevent the corruption. This research applies normative judicial method with statute approach and comparative approach. This study concludes that Indonesia doesn’t have regulations related to illicit enrichment; therefore the author offers an alternative on regulation of illicit enrichment as effort to eradicate corruption in Indonesia
MODEL KERJASAMA ANTAR DAERAH DALAM PENYELESAIAN SENGKETA KEWENANGAN PADA DAERAH KABUPATEN/KOTA HASIL PEMEKARAN
Get PDFThe title of this study is a model of inter-regional cooperation in the Settlement Authority In District / Municipal Expansion. This research is motivated many conflicts / disputes regarding both the authority on government affairs and other matters between the Regional Holding with areas of the division. Results of the study include, first, the policy of regional expansion in addition to having the advantage in matters relating to the acceleration and improvement of public services and also has brought the potential development that could affect the relationship between regional harmonization with the Regional Holding Redistricting results, primarily due to a conflict of authority on asset management area. Second, the model of inter-regional cooperation in resolving disputes between the authority of the regency / municipality division of the District Holding wear two (2) approach, which is a formal legal approach and local wisdom approach, namely by providing “touch” argument that “touch” people’s emotional, the use of the term “interests of the whole community and mutual respect” with no regard to administrative boundaries of the Regional District of Holding and Expansion Results. This means that the interests of the community should be encouraged regardless of whether the incoming administration in the District or Regional Expansion