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Implementasi Pengelolaan Sumber Daya Laut Nasional Terhadap Kebijakan Pemerintah Provinsi Kepulauan Riau
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Riau Islands Province is an island-based region consisting of a group of islands. The Province has a very strategic geographic location due to bordering the neighboring countries in Southeast Asia, viz. Singapore, Brunei Darussalam, Malaysia, Cambodia, and Vietnam. It is different from other Island-based provinces, in which it lies in the hub areas of Malacca Strait. It shows that the Province is an important location to trade from America, Europe and Asia, in addition to a plenty of marine resources that will potentially maximize local government’s revenue and prosper society in the province. However, such marine resource has not been well-managed by local government by which in 2013 the figure shows poverty rate remains high. The decline of poverty rate counts only in urban areas where they do not lie in submarine areas, but the poverty has increased and could not be well-resolved. It asserts that the Government of Riau Islands has not maximized local powers to resolve poverty problems in the region.
Keywords: Policy, Local Government, National Marine Resource
Kedudukan Akta Hibah dalam Sengketa Kepemilikan Hak Atas Tanah
Get PDFOn each social life will find a difference between behaviour with the law of norms. The discrepancy could cause dispute or tensions between each other that possibly also can happen in the family. The problems often arising during family Is the transition towards treasure in the form of grants from parents to their children. The settlement if there is a standoff over an object of the grant is forced to settle in a court. The Giving in a form of grant was conducted using an authentic deed as has been arranged in article 1682 Indonesian Civil Code. Public officials who given by statute an authority to make the deed of grants is land deed official. Related which for making such deed to as a basis for registration change as a result of a legal action the land. Related to the emergence of signs of a dispute over ownership under the grants, so In this case, every judge as milestone law enforcement have an interpretation of the difference against the rule of law in dispute resolution on the judicial process. In short, there is contradiction a norm between what has been decided by judges with the provision of article 1686 Indonesian Civil Code which the results of the uncertainty laws implementation of the article.
Keywords: Deed, Grant, Property Rights, Land Right
Rekonseptualisasi Seleksi Hakim Konstitusi Sebagai Upaya Mewujudkan Hakim Konstitusi yang Berkualifikasi
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Integrity, good character, justice, and expert statesman of the constitution as the indicators to appoint Constitutional Judge should be taken into account by the Supreme Court, the House, and the President in the selection process. The cases of corruption named Akil Mochtar and Patrialis Akbar as the convicted and the suspected persons respectively should be regarded as an appropriate opportunity to evaluate law relating to the Constitutional Judges selection process in which it is not clearly defined in the Constitutional Court Act. To date, the law relating to selection is given to respective institutions where the Supreme Court takes the selection internally with no transparency, the House only requires to write and present article, and—in some cases—the President prefers to appoint with no adequate criteria. The article uses doctrinal research in addressing the case related to the current regulation on constitutional judge selection. It concludes that the Supreme Court, the House, and the President ignore the principles of transparency, participatory, objectivity, and accountability in the selection, including the possibility of resulting unqualified judge. The selection needs reconceptualization comprising the establishment of expert panel, unaffiliated candidate to a political party, and re-concept of selection mechanism.
Keywords: Reconceptualization, Selection, Constitutional Judg
Quo Vadis Pembaharuan Hukum Pertanahan Nasional: Urgensi Pembentukan Peradilan Khusus Pertanahan dalam Penyelesaian Konflik Agraria yang Berkeadilan
Get PDFThe rise of national agraria conflicts that occurred seem to have been in the point is quite worrisome. Because he has a slice of various forms of human rights dimensionless violations. Various discourses in the effort to resolve the conflict continue. The discourse on the creation of a special court of land seems to have begun to gain a lot of attention. The reason, he is present in the situation of national agraria conflict that never ends, besides the passage of this discourse is full of momentum, which coincides with the draft Land Law Bill which is now entered the political space of legislation in parliament. A special court of land will certainly be a topic of discussion is quite fierce considering the issue will reach the settlement areas of national agraria cases that include land tenure by the plantation company (onderneming), PT. Perkebunan Nasional (PTPN), to the control of land by the military. This paper would like to discuss that the establishment of a special land court in the draft national land law is a necessity in solving a just national agrarian conflict.
Keyword: Agraria Conflict, Violations of Human Rights, Special Court of Lan
Kepemilikan Saham oleh Buruh sebagai Upaya Penegakan Sistem Ekonomi Pancasila
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This article discusses the conceptual idea in addressing the situation of workers in Indonesia who are perceived not to have the right to prosper in the work already owned. In economics, labours play an important role because they are the wheels in driving the production of goods and services. The unfilled labour rights to live prosperous is caused by the absence of their authority to contribute in determining a policy within a company. To overcome the imbalance of bargaining position between workers and employers, a regulation or policy is required to materialise access to share ownership within the company. By owning shares, workers have the right to convey ideas in determining company policy. In addition, labours will also easily access all company information including company report approval. It concludes that the ownership of shares by labours in the company is a necessity and an effort to realise Pancasila Economic System in order to fulfil the more substantive labour rights.
Keywords: Share Ownership, Labours, Pancasila Economic Syste
Wewenang Pemerintah dalam Pembubaran Organisasi Masyarakat
Get PDFCivil Society Organization (CSO) is an organization founded and formed by the community voluntarily based on the similarity of aspirations, wills, needs, interests and objectives to participate in development in order to achieve the objectives of the Unitary State of the Republic of Indonesia (NKRI). But many established organizations are not based on the common vision and mission required by the government. The emergence of a number of radical organizations that perform anarchist actions make people feel uneasy about the actions of mass organizations that commit acts of violence by using the pretext of religion as a justification reason. The Government in this case has considerable authority in Law No. 17 of 2013 on Civil Society Organizations where the ultimate estuary is the revocation of registered certificate which affects the dissolution of problematic community organizations. With the authority granted to the government, it is suggested that the government should be able to crack down on mass organizations which generate problematic causes and break public orders.
Keywords: Government Power, Dissolution Of Civil Society Organization, Right to Associatio
Pengelolaan Barang Milik Daerah Berdasarkan Peraturan Pemerintah Nomor 27 Tahun 2014 tentang Pengelolaan Barang Milik Negara/Daerah
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Indonesia is the Unitary State. It is understood that within a unitary state, the central government operates a high state sovereignty. In order not to be arbitrary, the activities of the central government are supervised and limited by the constitution. The government which is divided from the Central Government to the Regional Government included Regional Autonomy therein, as well as the authority of the Regional Government, is on duty to manage the Regional Property. In carrying out its authority as an administrator of local property, there are still many abuses or omissions committed by the local government in operating its authority in managing regional property, such as the negligence of the Regional Assets, the misuse of authority in the revocation of rights already granted by the regional government on the right to use of local property, using local property for personal interest. In the management of regional property required planning, implementation, and supervision by the local government in accordance with applicable laws and regulations in the constitution.
Keywords: Authority, Local Government, Management of Regional Propert
Agama, Pancasila dan Konflik Sosial di Indonesia
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During Reformasi Era, Indonesia has still had serious social issues with reference to social clashes and religious violence. The contestation between majority and minority and the monopoly of interpretation of Pancasila as a state ideology have dominated public sphere which affects on the increase of social clash with various backgrounds. The increase of social clash including religious violence results in the uncertainty whether or not Pancasila as a state ideology is capable of tackling contemporary Indonesian realities. Moreover, Pancasila also needs to tackle religious transnationalism ideology which has spread across the nation and receive positive sympathy from some Indonesians. Based on these realities, this writing aims to examine dimension of divinity and humanism in Pancasila and then propose an ideal concept of the divinity in the framework of Indonesian unity.
Keywords: Pancasila, Religious Conflict, Indonesia and Ideolog
Perceraian dan Akibat Hukumnya terhadap Anak dan Harta Bersama Menurut Hukum Adat Osing di Desa Aliyan, Kecamatan Rogojampi, Kabupaten Banyuwangi
Get PDFDivorce or dissolution of the marriage means the return of husband and wife into group family own. According to Osing adat law in Aliyan village, Rogojampi, Banyuwangi Regency, the divorce will give the rise to rights and obligations of children and joint property. The community of Osing adat law embraces the system of bilateral kinship which pulls the descendant line of the second parent with regard to the divorce by which children are given the freedom to choose by following the father or the mother. The community of Osing adat law never discriminates on the ground of biological children, legal children, adopted children and stepchildren, and legal position children. In the system of bilateral kinship, with regard to the divorce, the legal position of the property will return to the origin and joint property will be shared equally.
Keywords: Divorce, Osing Adat Law, Legal Position, Children and Joint Propert
Diskresi Kepala Daerah Dalam Penetapan Penjabat Kepala Desa
Get PDFDiscretion is an authority owned by government officials in terms of performing an act that is deemed desperately needed by the community. The Government Administration Act Article 1 number 9 explains that discretion is a decision and action taken by government officials to overcome concrete problems which in the case of legislation provide a choice not to regulate, unclear, incomplete, and the existence of government stagnation. In terms of determining the position of the village head who had stopped and was dismissed the Law on Villages in 2014, stated that the replacement of the village head official was an interim official who was a civil servant in the regional government. This is deemed unclear in the regulations, besides being unclear or ambiguous, this rule has several judgments that will hamper the election of the acting village head. That way, the regional head who is obliged to still be able to carry out the duties of the public service and the application of the welfare state, thus can use the authority of discretion in terms of determining the village head official. The purpose of this discretion is done as a breakthrough and problem solver in society in general. The method of this research is juridical-normative. The approach used is the approach of legislation and conceptual approach. This is confirmed by the existence of the 1945 Constitution of the Republic of Indonesia opening of the fourth century, which states that every society needs to get welfare and elements of discretion which explains that discretion is aimed at public services, the public interest, and the needs of society.
KEYWORDS: Head of Region, Discretion, Acting Head of Village