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EVALUASI TERHADAP PERDA TENTANG RETRIBUSI DAERAH KOTA BANDARLAMPUNG
No full textLahirnya Undang-undang No. 22 Tahun 1999 tentang Pemerintahan Daerah UU No. 25 Tahun 1999 tentang Perimbangan Keuangan Antara Pemerintah Pusat dan Daerah, ternyata menimbulkan berbagai persoalan khususnya dalam perkembangan pajak Daerah dan terutama Retribusi Daerah. Kedua peraturan tersebut menjadikan Daerah seakan berlomba-lomba menciptakan jenis retribusi Daerah Terbitnya Peraturan Pemerintah(PP) No. 25 Tahun 2000 tentang Kewenangan Pemerintah Dam Kewenangan Propinsi Sebagai Daerah Otonom ternyata bukan sebagai solusi bagi perkembangan pajak daerah dan retribusi daerah. Akibat terbitnya PP yang multitafsir ini menjadikan Daerah Kabupaten/Kota menganggap semua kewenangan yang tidak tertulis dalam PP imi merupakan kewenangan yang bagi kedua Daerah itu. Akibatnya, di berbagai Daerah terutama otomatis Kabupaten/Kota bermunculam Perda tentang retribusi Daerah baru yang berkaitan dengam kewenangannya yang tidak diatur dalam PP itu. Kata Kunci Perda, Retribusi Daerah, Evaluasi Terhadap Perd
PROSEDUR PERMOHONAN SHAR-E CARD PADABANK MUAMALAT
No full textAfter the economic crisis that followed the liquidation of some national private banks in 1997 gave rise to alternative thinking and measures to develop banking activity based on Islamic principles. Islamic principles reflected in the pattern of bamk operating in accordance with Islamic principles, especially regarding the procedures for bermuamalah in Islam. Shar-E Card is one type of credit card services by a bank Muamalat where the balance is outstanding amounts dengam mudaraba principle that no restriction for banks to use the funds raised, bamk shall memberitahukam to the owner of the funds of the ratios and procedures for the provision of benefits and or the calculation of benefit sharing as well as risks that may arise from the storage of funds. Keywords: Shar-E Card, Bank Muamala
POLITIK HUKUM PERATURAN PEMERINTAH PENGGANTI UNDANG-UNDANG REPUBLIK INDONESIA NOMOR 1 TAHUN 2014 TENTANG PEMILIHAN GUBERNUR, BUPATI, DAN WALIKOTA
Get PDFThe formation of The government regulation a substitute for the law of the Republic of Indonesia Number 1 of 2014 on the Election of Governor, Regent, and Mayor? How does the process of formation of the government regulation a substitute for the law of the Republic of Indonesia Number 1 of 2014 on the Election of Governor, Regent, and Mayor studied in the political perspective of the law? A substitute for the law of regulation making process shows again that the law is a product of politics. The fact that a political institutions, that chooses to create the rule of law. Although empirically then the law will be reset the political institutions. A substitute for the law of regulation is a Ius Constitutum as regulations on local elections. However, A substitute for the act of regulation it will not be effective because it is only temporary. A substitute for the Law of regulation attestation required then it becomes a law or made the latest Law. Keywords: The government regulation a substitute for the Law, Legal Politic
DAYA IKAT FRAMEWORK AGREEMENT TERHADAP PIHAK KETIGA(STUDI KASUS TERHADAP NOTA KESEPAKATAN ANTARA INDONESIA DAN SINGAPURA MENGENAI PENGEMBANGAN KAWASAN EKONOMI KHUSUS DI PULAU BATAM, BINTAN DAN KARIMUN)
No full textCooperation between Indonesia and Singapore concerning special economic kewasan Batan-Bintan-Karimun, Special Economic Zone (BBK-SEZ) is a bilateral agreement in the form of frame work agrement. Because of its open verdrag (open), then it is possible for a third party becomes a participant in the agreement. Keywords: Frame Work Agreement, a Special Economic Zon
STUDI KOMPERATIF SISTEM GADAI KONVENSIONAL DENGAN GADAI SYARIAH DI INDONESIA
No full textPawn broking services in Indonesia, in addition to impose a conventional mortgage system set out in PP 103 2000 On Pawnshop, also impose sharia pawning system based on the provisions of Islamic law which is based on the Qur'an. In the conventional mortgage loan bears an interest rate that is accumulative and double for its services, while at the syariah pawn does not bear interest. Customer charged deposit money services, maintenance, preservation and biay assessment specified in the initial agreement. Keywords: Conventional Pawn, Pawn shari
IMPLEMENTASI PENANGANAN KASUS KEKERASAN TERHADAP ANAK OLEH KOMISI PERLINDUNGAN ANAK INDONESIA
Get PDFThe Government held protection of children with a Child Protection Commission based on the mandate Presidential Decree Number 77 of 2003 on Child Protection Commission and Law Number 23 of 2002 on Child Protection. The problem of Indonesian Child Protection Commission (KPAI) implementation in handling cases of violence against children and Protection Commission apasaja resistance factors Indonesian Children to the protection cases of violence against children. Writing nomative juridical approach and use nomative juridical approach empirical. Discussions on Normative KPAI socialization gather data and information, received complaints review, do, monitoring, and evaluation, report, advice inputs, and consideration to the President. KPAI will ideally plays a monitor, monitor and encouragement organizer child protection, policy advocacy, as the mediator in the handling cases of violence against children. Some of the factors that would be resistance KPAI in dealing with cases of violence against children in terms of the method seen from law enforcement officials, the law,the lack public understanding on children's rights, facilities as the minimum support infrastructure, there is a tradition negative community authors suggest that Indonesian Child Protection Commission raises really carry out an effective and professional, the Government gives infrastructure, facilities, facilities and infrastructure that enough, people can understand children's rights and understand.Keywords : Implementation, Handling, Children
PELAKSANAAN PEMBERIAN BANTUAN HUKUM TERHADAP TERDAKWA YANG TIDAK MAMPU DALAM PERKARA PIDANA DI KOTA BANDAR LAMPUNG
Get PDFLegal assistance is implemented through the courts, and legal aid legal aid program is provided in order to alleviate the burden of life for the people who cannot afford in terms of Economics, and is also useful to create justice and legal protection of the general public. Problems in this research is how the implementation of the granting of legal aid to defendants who cannot afford in terms of economy in criminal cases and the factors restricting implementation of granting legal aid to defendants who cannot afford in terms of economy in criminal cases. Based on the research results, and a discussion of the analysis of the implementation of legal aid to defendants who cannot afford in terms of economy in criminal cases, the implementation of the granting of legal aid can be done with the way through the courts, and the legal aid Institute (LBH) and can also be done by direct initiative of an advocate who voluntarily want to accompany her. Factors restricting implementation of granting legal aid to defendants who cannot afford in terms of economy in criminal cases among others; factors in law enforcement, community factors, cultural factors, facilities and infrastructure. Advice that can be given is the need for socializing by the court party, and about the implementation of the LBH granting legal assistance free of charge to the defendant who cannot afford, and to the need for sanctions to parties who caused the implementation of the grant of legal aid to the defendants engaged in criminal cases.Keywords: Granting Of Legal Aid, the Defendant, Not Being Able To, Criminal Case
EKSISTENSI LEMBAGA NEGARA DALAM PENEGAKAN HAK ASASI MANUSIA DI INDONESIA
Get PDFIn the framework of the protection and enforcement of Human Rights by state institutions among implemented by: National Commission on Human Rights, Indonesian Child Protection Commission, National Commission for Women, the Truth and Reconciliation Commission, but the Truth and Reconciliation Commission in its development, it was disbanded because it does not correspond to the actual functions and duties so it does not give justice to the community. Besides carried out by the Commission, established by the State, protection and enforcement of Human Rights today is mostly done by the judiciary, especially after the reform. Among them are: the Specific Human Rights court, severe Human Rights court and the Constitutional Court who has the authority to test Legislations on the Constitution 1945. In the development, the Constitutional Court more precisely to the protection and enforcement of Human Rights to the citizens with the many rulings on the legislation is unconstitutional, and the Constitutional Court's decision was a strategic value and is able to uphold Human Rights for citizens. The essence of the protection and enforcement of Human Rights greatly influenced the position of the judge in deciding the case, so the judge has a role to uphold the independence and impartiality both as an institution and as individuals. Besides other factor is their right to receive legal aid, the pattern of justice has shown that the right to get a legal assistance is an attempt for equality in law as part of the fulfillment of Human Rights.Keywords: State Institutions, Human Rights, Enforcemen
MEMBANGUN POLITIK KRIMINAL PADA PERTAMBANGAN BATUBARA YANG MENYEJAHTERAKAN MASYARAKAT MELALUI SARANA NON-PENAL
Get PDFIn Article 33 paragraph (3) of the Constitution of 1945, states earth water and natural resources contained therein controlled by the state and used for the welfare of the people. The realization of such mastery by delegating the authority to manage the natural resources of the state to the company is to provide state Mining Permit or Special Mining Permit. In protecting and overseeing the company that is engaged in coal mining government passed Law Number 4 of 2009 on Mineral and Coal Mining. In Article 162 of Law Number 4 of 2009 states that every person who impede or interfere mining activities from business license holders of mining and business permit of the mining specifically penalized by fines or imprisonment. The article shows a process of criminalization an action (criminal policy), which aim to protect the companies that already have a Mining Permit, but the criminal policy is contrary to the purpose of the criminal policy is an effort for the welfare of society and policies the protection of society, the existence of Article 162 of Law Minerals coal and coal mining communities can impede convicted. In the case of the counteraction form caused they want to protect the environment or their ancestral lands from exploration activities. So it is activity is not uncommon form of criminal policy by means of criminal law that gives rise to new conflicts. Therefore the criminal policy should be shifted from penal facilities to non-penal policy more accommodating community participation, so that the purpose of the criminal policy, namely the welfare of society and protect the community can be realized.Keywords: Political Criminal, Mining, Non-Pena
KAJIAN YURIDIS ANGGARAN DISABILITAS DALAM KEUANGAN NEGARA
Get PDFThis study is departed from the idea that the provision of budget for the persons with disabilities is a very important thing. Recalling this problem, a good regulation is required. This study raised a problem of the urgency of budgeting for the persons with disabilities and the funding strategy as well as the juridical strategy in governing the budget for the persons with disabilities. This study employed a juridical analytical method, a research which is conducted to analyze certain provision of law to be used later in answering the society’ problem. From the research, it could be found that the provision of fund to provide the infrastructures for the persons with disabilities is very urgent. Such urgency included the reasons concerning the funding provision for the persons with disabilities and the determination of their needs required the funding provision. The budgeting strategy for the persons with disabilities is highly dependent on who is responsible for the affairs concerning the persons with disabilities. In the context of the relationship division between Central Government and Local Government, it includes those decentralized to local areas. For that reason, the local areas could provide it from Local Original Income (PAD) deriving from Entertainment Tax with earmarking pattern. When it was not sufficient, recalling that the existing local tax potential was inadequate or null, the funding for the persons with disabilities could be provided by Central Government and the other legitimate source of funds. The regulation strategy which should be taken is to amend the Law Number 28 of 2009 and Law Numer 40 of 2007 on Corporate Social Responsibility, to establish the Law of the Persons with Disabilities to govern the funding.Keywords: persons with disabilities, budget, state financ