Nagari Law Review
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Quantitative Easing Policy Towards The National Revenue And Expediture Budget (APBN) In Crisis Period By The Central Bank
Full text linkAfter the abolition of the Emergency Financing Facility (FPD) by the 2016 Financial System Crisis Prevention and Management Law (PPKSK Law), there are potential problems that may arise if a bank applies for a Short-Term Liquidity Loan (PLJP) but in the process is unable to meet the requirements as stipulated in the Bank of Indonesia Regulation (PBI) on Short-Term Liquidity Loans (PLJP), or the Short-Term Liquidity Loan (PLJP) provided later fails to resolve the liquidity problems of the bank. The purpose of this article is to analyze the theoretical underpinnings of emergency liquidity assistance that have actually been covered in the previous Emergency Financing Facility (FPD) arrangement. The research method used is a normative juridical research (doctrinal research) type with an analytical approach and statutory approach. The results show that In crisis conditions, the government will need funding for the state budget at a low-interest rate, because if it has to seek from investors, the desired interest will be high and cannot be a solution in times of crisis. So it can be said that the financing needs of the state in times of crisis require BI because fiscal costs become cheaper, compared to having to seek from investors who ask for high returns. This funding model has been implemented in several developed countries with the term known as quantitative easing. With the open space for BI to carry out burden sharing in times of crisis continuously, it can trigger integrity risk or moral hazard
Perlindungan Hukum terhadap Pekerja Alih Daya dalam Perjanjian Kerja dalam Hal Terjadi Peralihan Perusahaan Penyedia Jasa
Full text linkOutsourced labor is a part of employment growth in various economic sectors. As part of the workforce, outsourcing workers must also receive protection for their rights as outsourcing workers. One of the things that needs to be protected is in the event of a transfer of service provider company. Therefore, it is necessary to study the protection of the rights of outsourced workers. In this case, the research was conducted at the M. Zein Painan Hospital. Outsourced workers at M. Zein Painan Hospital must be protected by Indonesian law. The study used empirical research methods by collecting data from related parties, namely outsourcing workers, service provider companies, and service users, in this case, Dr. M Zein Painan. One form of legal protection and certainty, especially for workers, is through the implementation of work agreements. Analysis and discussion of the results obtained are: (a) Forms of legal protection for outsourced workers in work agreements at RSUDi Dr. M. Zein Painan, namely protection of wages, protection of working time, and protection of rest time as well as protection against termination of employment (b) Implementation of work agreements for outsourced workers when there is a change in service provider company can be implemented well with the existence of an agreement Work
The Behind Discourse on the Extension of the President's Term of Office
No full textAbstract: since the beginning of the 2024 simultaneous General Election (Election) stage, even before that, there have been sideways issues regarding the implementation of the election, among which the most dominant is the issue or discourse about extending the term of office of the president and postponing the 2024 election. These two discourses have become polemic in the midst of Indonesian society because some of them support it and others clearly reject it for the main reason, namely the constitutional mandate must be the basis for organizing the state. the government as the ruler is then strengthened by an analysis of academic theory according to the study of scientist C. Wright Mills an American sociologist who wrote The Power Elite in 1956 in which he gave rise to an understanding of elite theory. An understanding of the election law can realize that the legal loophole for extending the term of office of the president has been closed so that this discourse is not appropriate to continue to be put forward because it violates the constitution, as well as delaying elections which are considered to violate the constitution. As for the decision of the Central Jakarta District Court (PN), it is considered that the decision is categorized as flawed in the constitutional law rules as explained by several legal experts. In conclusion, the emergence of discourses as mentioned above is nothing but an attempt by interested parties, in this case, the ruling elites who are in the current government circle to remain in their seats of office. To prevent this, it is mandatory for the community to understand and adhere to constitutional rules in carrying out the life of the nation and state.
Keywords: Delaying the 2024 Election ; Legal Basis for Elections; Elite Theory; Central Jakarta District court Decision; Elite Interests
 
Politik Dinasti Dari Perspektif Demokrasi dan Hak Warga Negara Dalam Pemilihan Umum Di Indonesia
Full text linkThe implementation of democracy in Indonesia is a mandate from the provisions of Article 2 paragraph (1) and Article 6A paragraph (1) of the 1945 Constitution of the Republic of Indonesia, where one of the indicators is general elections. However, the implementation of general elections is often overshadowed by the presence of family members of powerful politicians running for general elections and succeeding, including the elections for president, governor, regent, and others. This condition can trigger much debate and concern about democracy, the quality of elections, and political stability in Indonesia. Nevertheless, the right to elect and to be elected are protected rights and their existence is recognized by the constitution. The limitations of the problem in this paper include: 1) Political dynasty in the perspective of democracy; 2) Political dynasty in the perspective of democracy and citizens' rights in elections in Indonesia. This research used a normative juridical approach by using secondary data in the form of literature studies so that the conclusions are obtained that: a) political dynasty is contrary to democratic principles that emphasize transparency, accountability, and fair participation; b) although the regulations have been set up to protect citizens' rights to elect and be elected, the rise of political dynasty shows incompatibility with democratic principles. It is difficult to avoid political dynasty in a democracy, but efforts are needed to maintain balance and avoid abuse of power by the ruling family
Pertanggungjawaban Tim Penjamin Mutu Dalam Penetapan Penyedia Jasa Konstruksi Pada Pengadaan Barang/Jasa Pemerintah
Full text linkThis article analyses the quality assurance activity to determine the winner carried out by the Budget User. Quality assurance activity is carried out by the Quality Assurance Team, which was established by the instruction of the Minister of Public Works and Housing Number 01 of 2022. Government goods/services procurement, which is government legal action, generates state administrative decisions. This decision is often made by other parties who feel aggrieved. The existence of the Quality Assurance Team (QAT) as a government organ that participates in the process of determining the winner by Budget User is not regulated by its accountability in the process of government goods/services procurement. Therefore, the authority of QAT to determine the form of accountability is important to understand. The first result of the study is suggested that the authority of QAT in the process of government goods/services procurement in the Ministry of Public Works and Housing in the form of checking the completeness of the proposal document for determining the winner and preparing the concept of recommendation for determining winner carried out by Budget User is the authority obtained from delegation. The authority of QAT is stated as delegation because it meets the elements required to obtain delegation authority, according to experts. However, if referring to Government Administration Law, the authority given to QAT cannot be categorized as delegation because, according to Government Administration Law, delegation can only be assigned by the Government Regulation/Presidential Regulation/Regional Regulation. Second, because the authority of QAT is obtained delegatively, then QAT has legal accountability. However, the accountability of QAT is only limited to accountability for duties to the Budget User, which is in the form of internal accountability. The authority of assigning a winner, which is still carried out by the Budget User, gives the Budget User the burden of legal accountability towards the verdict issued, which is the Letter of Assigning the Winner of Provider by the Budget User
Pengelolaan Pajak Bumi dan Bangunan Sektor Perkebunan Dalam Kerangka Desentralisasi Fiskal di Sumatera Barat
Full text linkLand and Building Tax (LBT) in the Plantation sector is a tax on land and buildings that are owned, benefited from, owned, or controlled by an individual or legal entity located in the area stated in the plantation business permit and plantation business use rights. The management is the authority of the Central Government. In the plantation business, every business actor with a particular land area must have a plantation business permit issued by the Regional Government. The results of this LBT collection are handed over entirely to the regional government through profit-sharing funds. The Problems that will be studied are: How is the management of LBT for plantation businesses in West Sumatra; How is the financial relations between the Central Government and the Regional Governments in managing LBT of Plantation businesses in West Sumatera; and How to delegate the management of LBT in the Plantation Sector to the Regional Government in West Sumatera. The author uses empirical juridical research methods and an analytical description in this writing. The research results concluded that the management of LBT for plantation businesses in West Sumatra is managed by The Central government in the LBT Plantation Sector and The Regional Government in the form of LBT for the Rural-Urban Sector. The Financial relationship between the Central Government and Regional Governments in managing LBT for plantation businesses is to transfer funds to the regions through Tax Profit Sharing and Palm Oil Profit Sharing Funds. Management of LBT in the Plantation Sector should be delegated to The Regional Government, and the Regional Government is capable and ready to manage it
Construction Contracts Without Deeds of Consolidation and Customary Land Compensation: Case Study Padang Sicincin Toll Project
Full text linkThe padang-sicincin toll road construction project in Indonesia aims to accelerate infrastructure development and improve regional connectivity in Sumatra. However, the project faces legal and social obstacles, particularly in land acquisition for the public interest on customary land. Customary land, owned by specific communities, often leads to conflicts due to differences in property rights and compensation. The land acquisition process can hamper project implementation and harm indigenous people. This study uses an empirical juridical approach, analyzing primary data from interviews, field situation data, and relevant laws and regulations. The research concludes that there is a need to improve the rules and stages of land acquisition related to customary law community areas and the maturation of national development program planning. Additionally, improved regulations and applications related to land acquisition must be completed before a construction work contract is made. This research can contribute to developing construction law and protecting customary land rights in Indonesia
Pengaturan Persetujuan Bangunan Gedung Di Kota Payakumbuh
Full text linkBuilding Approval is a change in nomenclature from Building Permit. It has been the case since Law Number 11 of 2020 concerning Job Creation took effect. When organizing a building, whether constructing a new one or making changes to an existing one, ownership of the Building Approval (PBG) is required. The authority for issuing PBGs has shifted from the One-Stop Investment and Integrated Service (DPMPTSP) through the OSS Site (Online Single Submission) to the Public Works and Public Housing Office (PUPR) through SIMBG (Building Management Information System) managed by the Ministry of PUPR. In this change, the problems that will be studied are: 1. How is the building approval regulation in Payakumbuh City? 2. What are the benefits of implementing building approvals in Payakumbuh City? The author uses empirical juridical research methods and a descriptive-analytical approach to answer these questions. The primary data in this research was obtained through interviews. Secondary data is obtained by conducting document studies. Data analysis is conducted qualitatively. The research yielded the following results: 1. During the transition period from IMB to PBG, there is no local regulation related to PBG in Payakumbuh City. However, the PUPR and DPMPTS offices continue to exercise their authority based on the law and its implementation regulations. Several impacts exist, including reduced local revenue, challenges in employee capabilities and qualifications, issues with technology implementation, a lack of community understanding regarding the procedures and requirements for PBG applications through the SIMBG system, and overlapping regulations related to Building Approval Retribution. 2. The research also identified several benefits of having a PBG, including enhanced Legality, Security, Order, Commercial Advantages, Ease of Licensing, A Healthier Environment, and Increased Local Revenue
Sifat Rekomendasi Pengembalian Kerugian Negara Dalam Laporan Hasil Pemeriksaan Badan Pemeriksa Keuangan
Full text linkRecommendations are suggestions from the examiner based on the results of the examination contained in the Audit Report (LHP) of the Supreme Audit Agency (BPK). Law No. 15/2004 mandates that recommendations must be followed up by responsible officials or parties. On several occasions, BPK has stated that its audit results are final and binding. A common recommendation in BPK's LHP is to return state losses to the state or regional treasury by stating the amount of money to be returned. Meanwhile, in other provisions, namely PP No. 38 of 2016 and BPK Regulation No. 3 of 2007, it is stated that the BPK audit results are one of the sources of information on the occurrence of losses, which will then be processed for imposition and compensation claims. In its provisions, all decisions arising from the process may differ from the state losses stated in the BPK's LHP. The purpose of this article is to examine the nature of the recommendations for the recovery of state losses in the BPK's LHP. This research is normative legal research with the approach of principles, cases, laws, and regulations. The results show that the BPK's recommendation is final and binding since the LHP is issued and submitted to the representative institution, so it must be followed up by providing answers and explanations to the BPK. Meanwhile, the state loss stated in the LHP BPK is not final. This is related to the authority of BPK, where the recommendation to recover state losses in the LHP BPK is not in the context of exercising the authority to calculate state losses, as well as assessing and/or determining the amount of state losses
Kekuatan Hukum Pembuktian Kontrak Elektronik dalam Transaksi Digital Perbankan Syariah
Full text linkThis paper aims to obtain an overview of the validity of electronic contracts, the execution of electronic contract by Shariah banks, and the legal force of proof of the electronic contract in digital shariah banking transactions. To achieve these goals, this research uses a normative legal writing with descriptive-analytical specifications. The findings reveal, first, in the perspective of Islamic law in Indonesia, electronic contracts are valid as long as they comply with the general principles of Shariah. Second, this reserach conducted a Focus Group Discussion with two Sharia banks namely Bank Mega Shariah Deli Serdang and Bank Muamalat Jakarta in order to obtain results related to how the execution of electronic contracts on both shariah banks. The result is that PT Mega Bank Shariah Deli Serdang has performed various consumer services based on digital, but not yet for electronic contracts based on financing. The absence of the electronic contract for this financing because it still needs a direct and face-to-face agreement with a notary. Along with its colleague, Bank Muamalat has not yet implemented electronic contracts for financing. Whenever there is an electronic contract that Bank Muamalat is conducted, namely E-Akad in Hajj planning program and E-akad in the value chain system program.. For the two types of e-contract such, Bank Muamalat has never had a dispute with the customer so these two shariah banks have never experienced proof of electronic contract in the trial. Thirdly, theoretically, electronic contracts have been recognised as legitimate evidence in Indonesian law. However, implementation on the ground shall take into account certain terms and conditions