Suchergebnisse

Waqf is an Islamic philanthrophy instrument that can be used as a source of funds for Muslims. Indonesia as a country that has the largest Muslim population in the world, but in practice the realization of the optimization of the potential and utilization of waqf funds in Indonesia is still low, while Singapore which is a minority Muslim is able to utilize waqf funds optimally and productively. The priority of regulatory issues is less supportive, because regulation is the basis or legal basis for the management of waqf. The purpose of this research is to compare the regulation and management of waqf management in Indonesia and Singapore, so that the implications of this research result can be used as input for the development of waqf management in Indonesia. The research method used is descriptive qualitative approach and a statute approach. The results of this research is waqf regulation in Indonesia contained in Law No. 41 of 2004 and Government Regulation Number 42 of 2006 as implementing regulations. Waqf regulations in Singapore are found in the Administration of Muslim Law Act (AMLA) in the Act. No. 27 of 1966. Most of the management of waqf in Indonesia is still on the property of waqf not moving like land, but in its development Indonesia is developing waqf of movable property (cash waqf). The management in the development of productive waqf in Singapore uses istibdal method which is applied in various forms to make waqf assets have high value and are productive.

The main objective of WTO Law is to accommodate individual's right in order to obtain better benefit of international trade. However, when a government violates WTO Law, it is therefore causing deprivation of individual right itself. Direct effect seems to be a feasible doctrine to provide a judicial protection for individual, in order to rebalance the right that is violated. Nevertheless, this doctrine is intractable to imply. This article discuss the polemic of giving direct effect of WTO Law and DSB Decision to domestic law to provide judicial protection for individual who becomes victim of WTO violation conducted by government

Regional autonomy granted on local government to regulate and administer the governmental affairs in order to improve the efficiency and effectiveness of public services. To do so, the local government is authorized to collect taxes from its people. This research aimed to investigate the problematic of provincial tax collection in order to increase the own- source revenue of autonomous areas in Indonesia. The collection of local taxes is still not optimal. Thus, some necessary actions for betterment need to conduct, such as: a). Improving the human resources of tax authorities in terms of their capability in planning and monitoring the collection of taxes; b) Using technology of information to provide a fast and efficient services; and c) Enforcing the law to each of the taxpayers who violate the regulation of provincial taxes.

Tujuan Penelitian yang ingin dicapai adalah untuk mengetahui urgensinya pembentukan peraturan daerah tentang majelis penyelesaian sengketa Pilkades di Wilayah Kabupaten Pohuwato, dan materi muatan tentang urgensi pembentukan peraturan daerah tentang majelis penyelesaian sengketa Pilkades di Wilayah Kabupaten Pohuwato. Penelitian ini meggunakan jenis Penelitian hukum normative, dengan menggunakan pendekatan undang-undang (statue approach); pendekatan historis (historical approach); pendekatan komparatif (comparative approach), dan pendekatan konseptual (conceptual approach). hasil Penelitian ini menujukkan bahwa; pertama, Urgensi pembentukan majelis penyelesaian perselisihan hasil pemilihan kepala desa di kabupaten pohuwato yang mengedepankan musyawarah sesuai asas otonomi asli desa ini harus diterapkan oleh pemerintah. Pada intinya dalam proses penyelesaian sengketa pilkades adalah lembaga mana yang berwenang untuk menyelesaikan sengketa tersebut tanpa ada campur tangan dari pihak ke tiga yaitu pemerintah daerah. Kedua, Terkait dengan materi muatan penting mengenai peraturan daerah tentang majelis penyelesaian sengketa pilkades di wilayah Kabupaten Pohuwato yang untuk diperhatikan dalam proses pelaksanan Pilkades yaitu; (1) Pada Tahap Pra Pemungutan Suara, (2) Pada Tahap Pemungutan Suara, (3) Paska Pilkades yang harus disesuaikan dengan ketentuan pembentukan peraturan perudang-undangan yang ada di UU. ; The research objectives to be achieved are to determine the urgency of establishing regional regulations regarding Pilkades dispute settlement assemblies in the Pohuwato Regency area, and content material on the urgency of forming regional regulations regarding Pilkades dispute resolution assemblies in the Pohuwato Regency Region. This research uses a type of normative legal research, using a statute approach (statue approach); historical approach (historical approach); a comparative approach (comparative approach), and a conceptual approach (conceptual approach). The results of this study indicate that; First, the urgency to form a dispute settlement assembly resulting from the election of village heads in the pohuwato district that prioritizes deliberation according to the principle of original village autonomy must be implemented by the government. In essence, the Pilkades dispute resolution process is which institution has the authority to resolve the dispute without interference from a third party, namely the regional government. Second, related to the important content of regional regulations regarding the Pilkades dispute settlement council in the Pohuwato Regency area which must be considered in the Pilkades implementation process, namely; (1) At the Pre-Voting Stage, (2) At the Voting Stage, (3) Post Pilkades which must be adjusted to the provisions of the formation of statutory regulations in the Act.

This paper is a revised version and an expanded version of the paper entitled 'Shares Divestment Scheme in Indonesian Mining Law'. Several cases of ICSID are cases of shares divestment, one of them is the Freeport case that offers divestment by giving the assumption of investment if the Government extends the Freeport Operational License until 2041. It violates determination of divestment share price as the value should be based on fair market price without calculating the amount of minerals. Shares divestment execution is often hampered by the determination of divestment shares' price. The purpose of the divestment arrangement was not achieved because of the price fixing issue which causes divestment failure or causes divestment delay, and the shares that were previously for the government eventually fell on private shareholders which might be owned by foreign parties. This paper is a legal research. It is intended to formulate a shares divestment scheme in the mining sector in Indonesia based on rational choice theory and public choice theory, which is expected to give a valuable contribution to the Government of the Republic of Indonesia as well as stakeholders and can be the ontological basis for laws and policies related to the investment and mining laws in Indonesia. The approaches which are used are the conceptual, statute, case and comparative approach. The primary legal materials that are used are legislation, international conventions and court decisions, while the secondary legal materials are in the form of literature and related materials.Key words: Investment law, mining law, national interest, rational choice theory, shares divestment.

The purpose of this research is to find out and analyze the philosophical, sociological, and juridical foundations related to the arrangement of E-Voting in the simultaneous implementation of Pilkada. This type of normative research uses the Statue Approach, the Conceptual Approach. and the Comparative Approach. Based on the results and discussion, it can be concluded that: 1) in a philosophical, sociological, and juridical basis, the implementation of regional head elections by means of the E-Voting method must be in accordance with the Formation of Prevailing Laws because it has a philosophical, sociological, and juridical basis. regulations that have been issued by the government should be able to be a solution to all the cases that have occurred, including the problem of simultaneous regional head elections in several situations. This is because the existing laws and regulations are unable to answer the problems that occur. So that the KPU immediately follows up on the orders of Law Number 10 of 2016 in Article 85 paragraph 1 and Article 98 Paragraph 3 regarding E-Voting arrangements in the implementation of simultaneous regional head electionsAbstrakTujuan peneltian ini adalah untuk mengetahui dan menganalisis landasan filosofis, sosiologis, dan yuridis terkait dengan pengaturan E-Voting dalam pelaksanaan Pilkada serentak. jenis penelitian normatif dengan menggunakan Pendekatan Perundang-Undangan (Statue Approach), Pendekatan Konseptual (Conceptual Approach). dan Pendekatan Perbandingan (Comparative Approach). Berdasarkan hasil dan pembahasan, dapat disimpulkan bahwa: 1) secara landasan filosofis, sosiologis, dan yuridisnya, pelaksanaan pemilihan kepala daerah secara metode E-Voting harus berkesesuian dengan Pembentukan Peraturan Perundang-Undangan karena memiliki basis landasan filosofis, sosiologis, dan yuridis. peraturan yang telah dikeluarkan oleh pemerintah harusnya mampu menjadi solusi atas semua perkara yang terjadi, termasuk persoalan pemilihan kepala daerah serentak dibeberapa situasi. Sebab dalam ketentuan peraturan perundang-undangan yang ada tidak mampu menjawab persoalan yang terjadi. Sehingga KPU segera menindak lanjuti perintah Undang-Undang Nomor 10 Tahun 2016 pada Pasal 85 ayat 1 dan Pasal 98 Ayat 3 terkait pengaturan E-Voting dalam pelaksanaan pemilihan kepala daerah serentak.

Global surveys indicate that massive disillusionment with economic globalisation, upheld by the liberal order, which is ignored by governments in European, Asian and Latin American countries, has paved the way for the ascent of nationalist forces. This trend is also visible in Indonesia. President Joko Widodo (Jokowi) has consolidated power against opponents who exploit nationalist, populist and religious causes. On the international front, Jakarta has been actively engaged within a variety of multilateral organisations where liberal institutionalist agendas are enforced. Therefore, it is worthwhile considering the influence of internal and external environments on Jokowi's economic policy which is getting increasingly nationalistic. This article argues that nationalist economic practices have emerged as the Jokowi government's response to domestic and international challenges which can have an impact on its perceived legitimacy. The discussion proceeds in five steps. To begin, this article presents a comparative perspective to understand the position of Indonesia in the developing international political economic context. This is followed by an overview of the definition of economic nationalism and its connections to domestic politics and foreign relations. The third section is about the Indonesian government's efforts to put economic nationalism into effect. The next two parts investigate how the inside and outside dynamics generate Jokowi's inward-looking policies. The conclusion emphasises what can be learnt from the Indonesian case.

Purpose This study aims to extract information and analyze the antecedents of Muslims following pilgrimage tours. Data from the Central Bureau of Statistics Indonesia shows that 87.18 per cent of the total population of Indonesia are Muslims. In addition to running the ruling of Islam and the pillars of Faith, Muslims also maintain the religious tourism. The form of religious tourism which is widely followed by the Muslims of Indonesia is to follow a pilgrimage to the tomb of the wali (Guardian), both wali limo and wali songo. Design/methodology/approach This study used a qualitative approach. Data collection was done using in-depth interviews of Muslims in Indonesia who had already attended pilgrimages to wali limo and/or wali songo. Findings The tourists are satisfied and have an intention to revisit the destination, and the interest of the community to follow religious tours is very large, as well as the opportunities to do business in this sector are still wide open. Various motives and benefits of following religious tours, as well as suggestions for improvements for religious tourism destination managers, as well as advice for the government were uncovered. Thus, the results of this study are expected to provide a theoretical contribution related to marketing management in religious tourism and a practical contribution for the managers of religious tourism. Research limitations/implications Further research can be done with a quantitative approach, as well as comparative studies between pilgrimages in Indonesia (developing countries) and pilgrimages in other developing countries or in developed countries can also be conducted. Practical implications For marketing practitioners, the results of this study can be used as a consideration to continue to improve services in the field of religious tourism in the country, given the potential for development is very large. Social implications There is a contribution from this study to the development of marketing science, particularly related to marketing management on religious tourism services. Originality/value This study offers new insight regarding factors influencing Muslims pilgrimage tourism in Indonesia.

Purpose This study aims to extract information and analyze the antecedents of Muslims following pilgrimage tours. Data from the Central Bureau of Statistics Indonesia shows that 87.18 per cent of the total population of Indonesia are Muslims. In addition to running the ruling of Islam and the pillars of Faith, Muslims also maintain the religious tourism. The form of religious tourism which is widely followed by the Muslims of Indonesia is to follow a pilgrimage to the tomb of the wali (Guardian), both wali limo and wali songo. Design/methodology/approach This study used a qualitative approach. Data collection was done using in-depth interviews of Muslims in Indonesia who had already attended pilgrimages to wali limo and/or wali songo. Findings The tourists are satisfied and have an intention to revisit the destination, and the interest of the community to follow religious tours is very large, as well as the opportunities to do business in this sector are still wide open. Various motives and benefits of following religious tours, as well as suggestions for improvements for religious tourism destination managers, as well as advice for the government were uncovered. Thus, the results of this study are expected to provide a theoretical contribution related to marketing management in religious tourism and a practical contribution for the managers of religious tourism. Research limitations/implications Further research can be done with a quantitative approach, as well as comparative studies between pilgrimages in Indonesia (developing countries) and pilgrimages in other developing countries or in developed countries can also be conducted. Practical implications For marketing practitioners, the results of this study can be used as a consideration to continue to improve services in the field of religious tourism in the country, given the potential for development is very large. Social implications There is a contribution from this study to the development of marketing science, particularly related to marketing management on religious tourism services. Originality/value This study offers new insight regarding factors influencing Muslims pilgrimage tourism in Indonesia.