Suchergebnisse

There are two functions of the state liability principle. The first is to secure individual rights (including economic rights) from a wrongful act conducted by a government, and the second is to compensate for damage caused by the infringement of individual right. Economic right is inherently allowing an individual to pursue economic interest both domestically or globally. In order to accommodate this right, a government is obliged to provide trade rules and mechanisms for every individual to conduct their global economic activities by participating in the WTO. The objective of the WTO significantly corresponds to the individual's right in order to obtain trade benefits. Hence, when a government infringes trade rules and mechanisms underlined in WTO Law, it will directly restrict individuals from gaining trade benefits under the WTO or, moreover, it will restrain individuals from enjoying their inviolable economic rights. When the right is violated, and the damage occurs, it thus leads to the obligation for the government to compensate the damage according to the state liability principle. This article discusses the nexus between the state liability principle and WTO Law, in order to encourage national courts to exercise the function of state liability by referring to the infringement of economic rights caused by the violation of WTO Law.

United States and the Soviet Union is a country on the part of allies who emerged as the winner during World War II. However, after reaching the Allied victory in the situation soon changed, man has become an opponent. United States and the Soviet Union are competing to expand the influence and power. To compete the United States strive continuously strengthen itself both in the economic and military by establishing a defense pact and aid agencies in the field of economy. During the Cold War the two are not fighting directly in one of the countries of the former Soviet Union and the United States. However, if understood, teradinya the Korean War and the Vietnam War is a result of tensions between the two countries and is a direct warfare conducted by the United States and the Soviet Union. Cold War ended in conflict with the collapse of the Soviet Union and the United States emerged as the winner of the country. ; United States and the Soviet Union is a country on the part of allies who emerged as the winner during World War II. However, after reaching the Allied victory in the situation soon changed, man has become an opponent. United States and the Soviet Union are competing to expand the influence and power. To compete the United States strive continuously strengthen itself both in the economic and military by establishing a defense pact and aid agencies in the field of economy. During the Cold War the two are not fighting directly in one of the countries of the former Soviet Union and the United States. However, if understood, teradinya the Korean War and the Vietnam War is a result of tensions between the two countries and is a direct warfare conducted by the United States and the Soviet Union. Cold War ended in conflict with the collapse of the Soviet Union and the United States emerged as the winner of the country.

Problems arising from the relationship between Islam (dîn) and politics (siyâsah) became the polemics among Muslim political thinkers that have not been completely solved up until now. Hence, it is difficult to identify which countriy such as Turkey, Egypt, Sudan, Morocco, Saudi Arabia, Pakistan, Algeria, and Indonesia, that deserves to be a representation of an Islamic state. The consequence of different understandings about the relationship between Islam and politics – in the case in Indonesia- is the emergence of Indonesian Islamic State (NII). This movement attracted a number of responses from Indonesian Muslim intellectuals. Using a sociohistorical-politics approach in discussing these responses as they do not agree about the establishment of the NII, will lead to an understanding of coercion and oppression of understanding group that is different from other groups. ; Problems arising from the relationship between Islam (dîn) and politics (siyâsah) became the polemics among Muslim political thinkers that have not been completely solved up until now. Hence, it is difficult to identify which countriy such as Turkey, Egypt, Sudan, Morocco, Saudi Arabia, Pakistan, Algeria, and Indonesia, that deserves to be a representation of an Islamic state. The consequence of different understandings about the relationship between Islam and politics – in the case in Indonesia- is the emergence of Indonesian Islamic State (NII). This movement attracted a number of responses from Indonesian Muslim intellectuals. Using a sociohistorical-politics approach in discussing these responses as they do not agree about the establishment of the NII, will lead to an understanding of coercion and oppression of understanding group that is different from other groups.

The existing literature on Indonesia's foreign policy has excluded the state from the category of an agent which shapes the country's external affairs. This trend certainly ignores the notion that foreign policy is a unique state activity taking place in the interface between domestic and international politics. To fill the gap, this article explores the idea about the family state and looks at its influence on the conduct of Indonesia's international relations. The argument is that the family state pursues order in international society in which sovereignty can be maintained. Indonesia plays the role of an order-maker in Southeast Asia through the Association of South East Asian Nations (ASEAN). The order-oriented actions are displayed by Jakarta's diplomacy to resolve border disputes with neighbouring countries in the region

The outbreak of the covid-19 outbreak is a significant threat in parts of the world, one of which is the Southeast Asia region. Facing these conditions, ASEAN as the largest regional institution that accommodates country cooperation in the Southeast Asia Region has agreed to work together to reduce the negative effects of the corona virus through a number of policies. Cooperation is carried out through ASEAN mechanisms to cooperation with other organizations. The various collaborations discuss a number of matters, including mitigation in the health sector, responses in the economic sector, as well as measures in the tourism and travel sector. However, in this cooperation there are a number of challenges for ASEAN regional cooperation in dealing with the Covid-19 pandemic such as the lack of information regarding the handling of Covid-19 received by ASEAN members, the slow response of ASEAN in dealing with Covid-19, the different policies taken by each member country further encouraging ASEAN to continue working to find solutions in tackling the Covid-19 pandemic. This research focuses on any efforts to deal with Covid-19. The methodology used is a qualitative research design. Researchers used the concept of the role of ASEAN and handling the pandemic to analyze this study. The results show that ASEAN member countries have a strategic role in tackling the spread of Covid-19 in a number of fields such as health, trade and socio-economy.

This study investigates the differences between the SOEs and non-SOEs financial performance and how the presidential election affects their performance. This study uses 3,716 firm-year observations for firms listed on the Indonesian Stock Exchange from 2001 to 2014 as the final sample and uses regression to test the hypotheses. In Indonesia, on average, about 25 parties involved in the presidential election in the past three elections. Due to the complexity of the data collection, this study omits the effect of the unique political parties that also could affect the performance of SOE. This study finds that SOEs outperform financial performance of non-SOEs over the sample periods. Interestingly, this study also finds that the excellent financial performance of SOEs disappears around the election period. It indicates that being a board member of state-owned enterprises (SOEs) is a political position rather than a professional position. For policymakers, these results indicate that election periods influence (reduce) the financial performance of SOEs in Indonesia. This study enhances our understanding of how presidential elections affect the performance of SOEs in Indonesia.

The urgency of the COVID-19 pandemic in Indonesia continues to increase. Companies in Indonesia are now focusing on CSR programs to assist the government in accelerating the handling of COVID-19. This study aims to examine the form of social support by implementing CSR on the official website pages of 5 State-Owned Enterprises. The type of research used in this research is qualitative using a qualitative content analysis approach. Sampling used non-probability sampling method. The technique used was purposive sampling by taking samples of news content and various CSR activities on the website pages of 5 State-Owned Enterprises. The data analysis technique uses data coding using a deductive approach. The value analysis of CSR activities is implemented and implementing CSR based on the value state of defense. Otherwise, three CSR pillars, namely People, Profit, and Planet, are implemented in various CSR activities covering education, health, environment, infrastructure, community empowerment, disaster management, and special assistance to affected communities. The Result of the seven categories, the three most frequently encountered are community economic empowerment support through Micro, Small, and Medium Enterprises (MSMEs) and health support and educational support. ; Urgensi pandemi COVID-19 di Indonesia terus meningkat, perusahaan-perusahaan di Indonesia kini fokus pada program CSR untuk membantu pemerintah dalam percepatan penanganan COVID-19. Penelitian ini bertujuan untuk mengkaji bentuk dukungan sosial melalui penerapan Corporate Social Responsibility (CSR) pada laman resmi 5 Badan Usaha Milik Negara (BUMN). Jenis penelitian yang digunakan dalam penelitian ini adalah kualitatif dengan pendekatan analisis isi kualitatif. Pengambilan sampel menggunakan metode non probability sampling, sedangkan teknik yang digunakan adalah purposive sampling dengan mengambil sampel konten berita dan berbagai kegiatan CSR pada halaman website 5 BUMN, Sedangkan teknik analisis datanya menggunakan koding data menggunakan deduktif. pendekatan. Analisis nilai bagaimana pelaksanaan kegiatan CSR dan kemampuan melaksanakan CSR berdasarkan nilai bela negara. Selain itu, terdapat tiga pilar CSR yaitu Profit, People, dan Planet yang diimplementasikan dalam berbagai kegiatan CSR yang meliputi bidang pendidikan, kesehatan, lingkungan, infrastruktur, pemberdayaan masyarakat, penanggulangan bencana, dan bantuan khusus kepada masyarakat terdampak. Hasil dari ketujuh kategori tersebut, tiga yang paling banyak dijumpai adalah dukungan pemberdayaan ekonomi masyarakat melalui Usaha Mikro, Kecil, dan Menengah (UMKM) dan dukungan kesehatan dan pendidikan.

Selain memiliki dimensi sosial ekonomi, konflik agraria di Bongkoran, Kabupaten Banyuwangi, Provinsi Jawa Timur, Indonesia, juga memiliki dimensi hukum. Terdapat dualisme hukum yang konfliktual dalam hal penguasaan tanah dan klaim penggunaan. Satu pihak, pemerintah, dan korporasi mengandalkan hukum negara yang legalistik-positivistik, sedangkan masyarakat lokal mengandalkan hukum rakyat yaitu hukum informal yang sudah ada, hidup, dan berkembang dalam masyarakat komunal secara turun-temurun. Penelitian ini berfokus pada bagaimana perspektif sosiologis hukum menganalisis konflik hukum yang terjadi dalam konflik agraria Bongkoran, khususnya antara hukum negara dan hukum rakyat. Penelitian ini menggunakan metode kualitatif dengan perspektif sosiologi hukum. Subjek penelitian adalah petani/masyarakat Bongkoran, Penasehat Hukum Masyarakat, Pemerintah (Pemerintah Daerah, Badan Pertanahan Nasional, dan Kepolisian), dan unsur korporasi (PT Wongsorejo). Informan dipilih dengan menggunakan teknik purposive sampling, berdasarkan pertimbangan tertentu yang dapat dikenali terlebih dahulu yaitu mengenali dan memahami masalah yang diteliti. Pengumpulan data dilakukan melalui observasi, wawancara mendalam, dan dokumentasi. Data yang terkumpul dianalisis secara kualitatif dengan mengacu pada perspektif yang telah disajikan. Hasil penelitian menunjukkan bahwa penyelesaian konflik agraria di Bongkoran memerlukan implementasi hukum yang lebih berkeadilan bagi masyarakat lokal. Implementasi hukum tidak hanya berdasarkan pasal-pasal yang rigid dalam undang-undang, tetapi perlu memperhatikan konteks sosial budaya dan historis dari masyarakat. Dominasi hukum negara atas hukum rakyat dalam konflik agraria mengakibatkan praktik penundukan hukum negara ke hukum rakyat, baik secara persuasif maupun represif. Oleh karena itu, untuk meminimalisir ketegangan dan konflik antara hukum negara dan hukum rakyat dalam konflik agraria, diperlukan pemahaman baru tentang hubungan kedua hukum tersebut. Keberadaan dan penegakan hukum rakyat dijadikan sebagai elemen yang saling melengkapi dalam aspek normatif yang belum diatur dalam hukum negara. ; Apart from having a socio-economic dimension, agrarian conflicts in Bongkoran, Banyuwangi Regency, East Java Province, Indonesia, also have a legal dimension. There is a dualism of law that is conflictual in terms of land tenure and use claims. One party, the government, and corporations rely on legalistic-positivistic state laws, while local people rely on folk law, namely informal laws that have existed, lived, and developed in communal society for generations. This research focuses on how the sociological perspective of law analyzes the legal conflicts that occur in Bongkoran agrarian conflict, particularly between state law and folk law. This research used a qualitative method with a legal sociology perspective. The research subjects were farmers/people of Bongkoran, Community Legal Advisors (CLA), Government (Local Government, National Land Agency, and Police), and corporate elements (PT Wongsorejo). Informants were selected using a purposive sampling technique, based on certain considerations that can be recognized beforehand, namely recognizing and understanding the problem under this research. Data collection was conducted through observation, in-depth interviews, and documentation. The collected data were analyzed qualitatively by referring to the perspectives that have been presented. The results indicated that the resolution of agrarian conflicts in Bongkoran requires the implementation of laws that are more just for local communities. The implementation of the laws is not only based on rigid articles in the law, but it needs attention to the socio-cultural and historical context of the community. The dominance of state law over folk law in agrarian conflicts results in the practice of subjugation of state law to folk law, both persuasively and repressively. Therefore, to minimize the tension and conflict between state law and folk law in agrarian conflicts, it is necessary to have a new understanding of the relationship between the two laws. The existence and enforcement of folk law are used as a complementary element in normative aspects that have not been regulated in state law.

This study research views relation between incentives and enhancement of unit's performance budget which is managed by human resources in DKI Jakarta Provincial Government. In this research using 62,568 data which is classified by 1,738 unit from 2017 – 2019 related to realization of budget and human resources. By using Difference in Difference method in this research find that after implementing policy in delayed of incentives, it has a positive impact on realization budget of 12.75% in units affected by the policy with a significance level of 1%. In addition, the implementation the policy if the unit can not achieve the target for two (2) concecutive months has a positive effects of 7.10% with significance level of 1%. This study recommends that the policy can be implemented if government concern in gender, education, and employee attendance in each unit, so the unit can achieve the target. The findings research support the literature that policy which is includes the punishment has positive effects in improving performance unit and motivating employee performance.