1,720,964 research outputs found
REGIONAL HEAD (PRODUCT OF A DEMOCRATIC SYSTEM) AS A ROLE MODEL AND ANTI-FRAUD REPRESENTATION
Full text linkThe Constitution mandates that "Governors, Regents, and Mayors respectively as heads of provincial, regency, and municipal governments are elected democratically". In other words, the regional head is actually mandated to form a regional government as a democratic self-governing unit. The research method used is normative legal research and the types of data used are secondary data, consisting of primary legal material (various forms of legislation), secondary legal materials (data collection of scholarly work and the results research related to local election and anti-fraud systems), and tertiary legal materials (materials providing information on primary legal materials and secondary legal materials, such as dictionaries and encyclopedias). Data analysis technique used is technical qualitative analysis. In running the government mechanism, the regional head should be able to implement anti-fraud system. Anti-Fraud system is a system that monitors regulations or other mechanisms that produce some forms of report. In this case, the system offered in fact can have implications on anti fraud related to the position of regional head as a role model, that is, by bringing a great personality and optimization of thinking and action
Kedudukan Nota Kesepahaman (Mou Helsinki) antara Pemerintah Republik Indonesia dan Gerakan Aceh Merdeka dalam Hukum Tata Negara di Indonesia
No full textHans Kelsen states that legal source (Rechtsbron) is usually a law in which a
legal norm “is higher” than “a low legal norm,” or, a low establishment of a norm is
determined by a “higher norm.” The practice in constitutional in Indonesia positions
Pancasila as the source of all legal sources and is simplified in the form of the
prevailing types and hierarchies. Law No. 12/2011 on the Establishment of Legal
Provisions states that the types and hierarchies consist of the 1945 Constitution of
the Republic of Indonesia, the Ruling of the People’s Consultative Assembly,
Law/Regulation in Lieu of Law, Government Regulations, Presidential Regulations,
and Provincial District/Town Government Regulations. Aceh as one of the regional
Autonomies in the context of the Unitary State of the Republic of Indonesia, in
practicing the organizing of regional government, repeatedly stated that it did not
only position the type and hierarchy of legal provisions according to Law No.
13/2011 on the Establishment of Legal Provisions but also positioned Helsinki MoU
as one of the legal sources. The problems of the research were as follows: 1) why the
Indonesian Government and the Acehnese Freedom Movement agreed on the
Memorandum of Understanding (Helsinki MoU) between the Indonesian Government
and the Acehnese Freedom Movement, 2) how about the position of the Memorandum
of Understanding (Helsinki MoU) between the Indonesian Government and the
Acehnese Freedom Movement in the domain of the Indonesian Constitutional Law,
and 3) why the implementation of the Memorandum of Understanding (Helsinki
MoU) between the Indonesian Government and the Acehnese Freedom Movement
became a Rechtsidee (legal right idea) in the legal political development in Aceh. The research used judicial normative, prescriptive, non-judicial (political
aspect), and futuristic approaches. The secondary data consisted of primary,
secondary, and tertiary legal materials. The data were analyzed qualitatively, using
both judicial and non-judicial data.
The result of the research showed that 1) the Indonesian government and the
Acehnese Freedom Movement agreed on the Memorandum of Understanding
(Helsinki MoU) between the Indonesian Government and the Acehnese Freedom
Movement which were based on some foundations: a. philosophical foundation
(Pancasila), b. judicial foundation (TAP MPR No. VI/MPR/2002, c. political
foundation (the political will of the President Susilo Bambang Yudhoyono and the
Vice President Jusuf Kalla, and d. natural disaster (the earthquake and tsunami in
2004), 2) the position of the Memorandum of Understanding (Helsinki MoU) in the
domain of the Indonesian Constitutional Law could be positioned as the legal
material source, but Helsinki MoU did not have any forms in formal legal source as it
was stipulated in Law No. 12/2011 on the Establishment of legal provisions. Based
on the International Law, the Memorandum of Understanding (Helsinki MoU) could
not be positioned as the form of the International agreement because one of the
parties (the Acehnese Freedom Movement) did not meet the elements of the subject of
the international law, and 3) there were some stakeholders who often positioned the
Memorandum of Understanding (Helsinki MoU) as Rechtsidee, especially in the legal
political development through legal provisions. This was because of the factor of the
difference in interpreting the norms embodied in the Memorandum of Understanding
(Helsinki MoU) and in Law No. 11/2006 on Aceh system of government. Besides that,
there was shock of paradigm among the stockholders in Aceh which was caused by
the slowdown of the Indonesian government in implementing all norms which had
been confided by Law No. 11/2006 on Aceh system of government.
It is recommended that 1) the Indonesian government should implement
various organic regulations in Law No. 11/2006 on Aceh system of government as
soon as possible, 2) all stakeholders in Aceh should be pragmatic in running the
government system, especially in positioning Rechtsidee as philosophical paradigm,
national law as judicial paradigm, and self-government as political paradigm, and 3)
all stakeholders in Aceh who have direct authority in the process of establishing legal
provisions to establish legal provisions should comply with the principles and
theories of the establishment of good legal provisions, laws, and regulations.474 HalamanDisertasi Dokto
Pengembalian mahar seutuhnya akibat perceraian : studi analisa atas putusan perceraian No:81/Pdt.G/2005/Msy-LGS di mahkamah syariah langsa
No full textKedudukan Nota Kesepahaman (Mou Helsinki) antara Pemerintah Republik Indonesia dan Gerakan Aceh Merdeka dalam Hukum Tata Negara di Indonesia
No full textHans Kelsen states that legal source (Rechtsbron) is usually a law in which a
legal norm “is higher” than “a low legal norm,” or, a low establishment of a norm is
determined by a “higher norm.” The practice in constitutional in Indonesia positions
Pancasila as the source of all legal sources and is simplified in the form of the
prevailing types and hierarchies. Law No. 12/2011 on the Establishment of Legal
Provisions states that the types and hierarchies consist of the 1945 Constitution of
the Republic of Indonesia, the Ruling of the People’s Consultative Assembly,
Law/Regulation in Lieu of Law, Government Regulations, Presidential Regulations,
and Provincial District/Town Government Regulations. Aceh as one of the regional
Autonomies in the context of the Unitary State of the Republic of Indonesia, in
practicing the organizing of regional government, repeatedly stated that it did not
only position the type and hierarchy of legal provisions according to Law No.
13/2011 on the Establishment of Legal Provisions but also positioned Helsinki MoU
as one of the legal sources. The problems of the research were as follows: 1) why the
Indonesian Government and the Acehnese Freedom Movement agreed on the
Memorandum of Understanding (Helsinki MoU) between the Indonesian Government
and the Acehnese Freedom Movement, 2) how about the position of the Memorandum
of Understanding (Helsinki MoU) between the Indonesian Government and the
Acehnese Freedom Movement in the domain of the Indonesian Constitutional Law,
and 3) why the implementation of the Memorandum of Understanding (Helsinki
MoU) between the Indonesian Government and the Acehnese Freedom Movement
became a Rechtsidee (legal right idea) in the legal political development in Aceh. The research used judicial normative, prescriptive, non-judicial (political
aspect), and futuristic approaches. The secondary data consisted of primary,
secondary, and tertiary legal materials. The data were analyzed qualitatively, using
both judicial and non-judicial data.
The result of the research showed that 1) the Indonesian government and the
Acehnese Freedom Movement agreed on the Memorandum of Understanding
(Helsinki MoU) between the Indonesian Government and the Acehnese Freedom
Movement which were based on some foundations: a. philosophical foundation
(Pancasila), b. judicial foundation (TAP MPR No. VI/MPR/2002, c. political
foundation (the political will of the President Susilo Bambang Yudhoyono and the
Vice President Jusuf Kalla, and d. natural disaster (the earthquake and tsunami in
2004), 2) the position of the Memorandum of Understanding (Helsinki MoU) in the
domain of the Indonesian Constitutional Law could be positioned as the legal
material source, but Helsinki MoU did not have any forms in formal legal source as it
was stipulated in Law No. 12/2011 on the Establishment of legal provisions. Based
on the International Law, the Memorandum of Understanding (Helsinki MoU) could
not be positioned as the form of the International agreement because one of the
parties (the Acehnese Freedom Movement) did not meet the elements of the subject of
the international law, and 3) there were some stakeholders who often positioned the
Memorandum of Understanding (Helsinki MoU) as Rechtsidee, especially in the legal
political development through legal provisions. This was because of the factor of the
difference in interpreting the norms embodied in the Memorandum of Understanding
(Helsinki MoU) and in Law No. 11/2006 on Aceh system of government. Besides that,
there was shock of paradigm among the stockholders in Aceh which was caused by
the slowdown of the Indonesian government in implementing all norms which had
been confided by Law No. 11/2006 on Aceh system of government.
It is recommended that 1) the Indonesian government should implement
various organic regulations in Law No. 11/2006 on Aceh system of government as
soon as possible, 2) all stakeholders in Aceh should be pragmatic in running the
government system, especially in positioning Rechtsidee as philosophical paradigm,
national law as judicial paradigm, and self-government as political paradigm, and 3)
all stakeholders in Aceh who have direct authority in the process of establishing legal
provisions to establish legal provisions should comply with the principles and
theories of the establishment of good legal provisions, laws, and regulations.474 HalamanDisertasi Dokto
Calon Independen pada Pemilihan Umum Kepala Daerah di Provinsi Aceh ditinjau berdasarkan Undang-Undang No. 11 Tahun 2006 tentang Pemerintah Aceh
No full text
Pemilukada (Regional-head election), as it is stipulated in Law No. 12/2008 on Regional Government, has given an opportunity to independent candidates, and this is not contrary to the Indonesian constitution, 1945 Indonesian Constitution. This is also applied to Pemilukada in Aceh through Law No. 11/2006 on Aceh Government. But in Aceh government regulations, there is a regulation, Article 256, which states that an independent candidate is only for the first round election. According to the decree of the Constitutional Court No. 35/PUU-VIII/2010, Article 256 does not have binding legal force. The decree of Constitutional Court implies that there are pros and cons in responding the position of independent candidates in Pemilukada in Aceh in 2011 and this influences the existence of Pemilukada in Aceh, where four elections were postponed so that the Pemilukada could be implemented in 2011. This condition has to be studied, why there was a group of people who opposed independent candidates in Pemilukada in Aceh.
The research used judicial normative method. The main data in this research were primary data. The data were collected by conducting library research. The primary data were analyzed qualitatively, using teleological interpretation.
Independent candidates in Pemilukada in Aceh has had their legitimization by Qanun No.2./2004, but before 2006 the election could not be implemented until MoU Helsinki was signed in Finland on August 15, 2005. One of the points in the MoU was a Law No.11/2006 on Aceh Government and on the representation of Aceh people. This law states about accommodating independent candidates in Pemilukada in Aceh But Article 256 of this law also states that the independent candidates are only for the first round election. The Constitutional Court then revoked Article 256 with the consideration that the case of independent candidates did not contradicted to MoU Helsinki and to the 1945 Indonesian Constitution. This would arouse friction in Pemilukida in Aceh in 2011.
It is recommended that Law No. 11/2006 on Aceh Government should be revised and the decree of the Constitutional Court should be accommodated. Moreover, legal norms in legal provisions should be formed so that when the Head of the region who comes from independent candidate, there will be harmonious relationship between the Executive and the Legislative.197 HalamanTesis Magiste
MINIMIZING CORRUPTION BY OPTIMIZING THE PRIVILEGE OF ACEH (Constitutional Perspective)
Full text linkABSTRACTEradication of corruption is one way to accelerate national development aimed at realizing justice, prosperity, and order for the Indonesian people as a whole based on Pancasila and 1945 Constitution of the Republic of Indonesia. Aceh has been positioned as a special regional government unit, which is a crystallization of the values contained in the local wisdom of the Acehnese people, such as upholding the principle of divinity in all social activities, including in the scope of local government that always adhere to romantic customs.The Essence of the foundation for preventing corruption, especially in Aceh, has been attempted by establishing organic regulations, such as Qanun (from Acehnese language means legislation). Substantially, however, the organic regulations are sometimes not directly addressed to the term of corruption. Therefore, it is necessary to formulate regulation as an effort to accommodate the eradication of criminal acts of corruption. On the same occasion, the synergy of customary institutions as the lowest level of local government unit becomes a necessity, especially Imeum Mukim (from Acehnese language means head of customary government). Imeum Mukim can serve as a locomotive to prevent corruption by strengthening his integrity and competence.The research method used is normative legal research. The type of data used is secondary data, consisting of primary legal material (various forms of legislation), secondary legal materials (data collection of scientific work of scholars and the results of the research relating to the privilege of Aceh Province), and tertiary legal materials (materials providing information on primary legal materials and secondary legal materials, such as dictionaries and encyclopedias). Once the data are collected and considered to be complete enough, the next step is to manage and analyze the data. Data analysis is conducted using qualitative data analysis technique.</jats:p
Aksiologis Mahkamah Konstitusi dalam Mewujudkan Demokrasi di Aceh
Full text linkKontestan pilkada tidak hanya berasal dari partai politik, melainkan seiring dinamika pilkada yang terjadi di Aceh Tahun 2006, telah menuntut Mahkamah Konstitusi bernilai aksiologis melalui berbagai putusannya untuk mengakomodir calon perseorangan dalam kontestasi pilkada secara nasional. Bagaimana latar belakang implementasi calon perseorangan dalam pesta demokrasi, khususnya melalui pilkada? Bagaimana aksiologis mahkamah konstitusi dalam mengokohkan perwujudan nilai demokrasi, khususnya pada daerah otonom Aceh?. Penelitian ini merupakan penelitian hukum normatif, jenis data yang digunakan adalah data sekunder, yang terdiri dari bahan hukum primer (perundang-undangan, putusan Mahkamah Konstitusi), bahan hukum sekunder (karya ilmiah), dan bahan hukum tersier (ensiklopedia dan kamus). Adapun metode pengumpulan datanya adalah melalui studi kepustakaan, yaitu meneliti dan menggali bahan-bahan hukum, selanjutnya teknik analisis data yang dipakai adalah teknik analisis kualitatif. Keberadaan calon perseorangan dalam kontestasi pilkada nasional, diawali ketika pelaksanaan pilkada di Aceh pada Tahun 2006, berawal dari pelaksanaan pilkada di Aceh timbulnya kesadaran kolektif masyarakat tentang urgensitas calon perseorangan, fase berikutnya dilakukan judicial review atas Undang-Undang No. 32 Tahun 2004 tentang Pemerintahan Daerah, bermuara dengan putusan MK Nomor 5/PUU-V/2007, yang pada hakikatnya mengakomodir calon perseorangan sebagai salah satu kontestan dalam pilkada secara nasional. Mahkamah Konstitusi berperan secara aktif, menjadi lembaga negara yang bernilai aksiologis melalui berbagai putusannya (Putusan Mahkamah Konstitusi Nomor 35/PUU-VIII/2010, Putusan Mahkamah Konstitusi Nomor 108/PHPU.D-IX/2011, Putusan Mahkamah Konstitusi Nomor 1/SKLN-X/2012) dalam rangka meluruskan berbagai friksi dan sengkarut yang melingkupi Pilkada di Aceh.Regional head election contestants not only come from political parties, but in line with the electoral dynamics that occurred in Aceh in 2006, have demanded the Constitutional Court aesthetic value through various decisions to accommodate individual candidates in national election contestation. What is the background of the implementation of individual candidates in democracy parties, especially through elections? How is the axiological of the Constitutional Court in affirming the realization of the value of democracy, especially in the autonomous region of Aceh?. This study is a normative legal research, the type of data used is secondary data, consisting of primary legal material (legislation, Constitutional Court decision), secondary legal material (scientific work), and tertiary legal material (encyclopedia and dictionary). The existence of individual candidates in the national election contest, preceding the implementation of the elections in Aceh in 2006, started from the implementation of the elections in Aceh the emergence of collective awareness of the public about the urgency of individual candidates, the next phase of the judicial review of Law No. 32 of 2004 on Regional Government, led to the decision of Constitutional Court No. 5/PUU-V/2007, which essentially accommodate individual candidates as one contestant in the national election. The Constitutional Court is actively involved in becoming a state institution with axiological value through its decisions (Decision of the Constitutional Court No. 35/PUU-VIII/2010, and No.108/PHPU.D-IX/2011, also No. 1/SKLN-X/2012) in order to straighten out the various frictions surrounding the elections in Aceh
Going Beyond Counting First Authors in Author Co-citation Analysis
Full text linkThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
Variations on the Author
Full text link“Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship
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