ABSTRACTBased on Law No. 4 of 2009 Article 1 Paragraph (7) related to mining business licenses.Many illegal mining companies do not have permission to operate in Padang PariamanRegency. The problems raised in this study are (1) What factors influence the number ofillegal C mining excavators in Padang Pariaman Regency? (2) How is the non-reasoningeffort by the Padang Pariaman Regional Police in overcoming the crime of illegal C miningexcavation in Padang Pariaman Regency? (3) What is the non-reasoning policy that shouldbe carried out by the Padang Pariaman Regional Police to overcome the mining of illegal Cexcavations in Padang Pariaman Regency? This study useed a sociolegalapproach. the dataused were primary data and secondary data, collected by means of interviews and documentstudies, analyzed qualitatively. The results of the study show that the factors that cause illegalmining are economic factors, the perpetrators want to avoid the obligations that have beendetermined, the difficulty of obtaining a Mining Business License, the lack of socialization oflaws and regulations, and weak law enforcement. Second; The non-reasoning efforts carriedout by the Police in overcoming illegal rock mining are preventive by carrying out patrols,raids, routine security operations and providing socialization to the public about theimportance of creating security and ways to overcome illegal mining by placing banners /pamphlets. Non-criminal policy towards illegal / illegal mining crimes is to actively involvethe Nagari government and customary institutions in policy making at the Nagari level todeal with illegal mining by making nagari regulations.
Abstract Completion of the armed conflict in both the legal and political framework set in customary international law and the Hague Convention I of 1899 and 1907 on the peaceful resolution of disputes, as well as the Charter of the United Nations. Mechanisms for resolving armed conflicts as well as measures to prevent the emergence of armed conflict refers to the two methods of dispute resolution, the peaceful resolution of disputes and the settlement of disputes by force or violence. Patterns in the context of conflict resolution approach more focused on the efforts of early stage to prevent the emergence of armed-conflict. Such efforts can be done with diplomacy and political mediation efforts by involving the various parties that are considered to be actors of peace. While humanitarian law in the context of normative law enforcement efforts imprinted on the situation of the ongoing war, one of its forms through foreign intervention in the ongoing armed conflict itself. In the present context of the humanitarian intervention of humanitarian law known as the Responsibility to Protect (R to P). In addition through the UN mechanism for the continuous efforts of the international community to prevent the emergence of armed conflict also involving a number of other actors who can be considered a partner for peace. One of them involving specific groups that can be considered a party to break the chain of armed conflict itself. One of them is through the mechanism of the Kimberley Process.
Corruption is a crime against humanity which is classified as an extraordinary crime. The reform movement that took place in 1998 was motivated by public distrust of the ruling government at that time which was thought to be full of collusion, corruption and nepotism (KKN). After the government in power at that time fell, it was followed by a reformation government. One of the agendas of the reform government is the Eradication of Collusion, Corruption and Nepotism (KKN). Various efforts have been made by the government in preventing and eradicating corruption but corruption is still growing. In the midst of rampant corruption committed by public officials, who in fact mostly come from Political Party cadres, it is only natural for political parties (Parpol) to take responsibility and play a role in anti-corruption measures. Through this paper the author tries to look at the factors behind public officials committing acts of corruption, most of which are thought to come from political party cadres (parpol) and see the role of political parties in the prevention and eradication of corruption.From the above discussion, it can be concluded that all efforts and actions through various approaches have been made by law enforcement officials to prevent and eradicate corruption that has been running for years in this country. The responsibility of political parties (parpol) can be started from the recruitment of party cadres before being distributed to various public positions in the government. Political parties are also responsible for cadres who are involved in criminal acts of corruption by not obstructing law enforcers in the investigation and investigation process carried out.Keywords: Political parties, prevention and eradication of corruption.
This article discusses the effectiveness of the working age of state civil servant teachers based on Law number 5 of 2014 concerning state civil servants. This research raises the implementation of the productive age of state civil servant teachers and the efforts made by schools to increase teacher productivity and Islamic legal views regarding the productive age of state civil servant teachers. It is hoped that the regional government will increase the number or appoint teachers with the status of civil servants at this school for the progress of this school and take into account the welfare of its teaching staff and it is hoped that the teaching staff, both civil servants and non-civil servants, will remain trustworthy in carrying out their teaching duties. future future nationals.
Abstract : This study is about PKDRT law. It gives us information that domestic violence is a real thing that happens in our society, especially in Kudus. On the one hand, civil society actually has a formula to prevent the authority and rights of their family life with PKDRT (legal elimination of domestic violence) law. On the other hand, the government has a responsibility to eliminate violence, force and coercion in family life as referred to in 11, 12 and 13 of Law No. 23 of 2004. But the most important thing is that the courage of society to show concern and the seriousness of the government to take action when violence occurs. This research shows that domestic violence is a result of power imbalance between the weak dan the strong in our society where many women that represent the weak became a victim. Abstrak : Penelitian ini adalah tentang hukum PKDRT. Ini memberi kita informasi bahwa kekerasan dalam rumah tangga adalah hal nyata yang terjadi dalam masyarakat kita, terutama di Kudus. Di satu sisi, masyarakat sipil sebenarnya memiliki formula untuk mencegah wewenang dan hak-hak kehidupan keluarga mereka dengan PKDRT (penghapusan hukum kekerasan dalam rumah tangga) hukum. Di sisi lain, pemerintah memiliki tanggung jawab untuk menghapus kekerasan, kekuatan dan pemaksaan dalam kehidupan keluarga sebagaimana dimaksud dalam 11, 12 dan 13 Undang-Undang Nomor 23 Tahun 2004. Tapi yang paling penting adalah bahwa keberanian masyarakat untuk menunjukkan perhatian dan keseriusan pemerintah untuk mengambil tindakan saat terjadi kekerasan. Penelitian ini menunjukkan bahwa kekerasan dalam rumah tangga adalah hasil dari ketidakseimbangan kekuatan antara lemah Dan yang kuat dalam masyarakat kita di mana banyak wanita yang mewakili lemah menjadi korban.
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 execution of the State Administrative Court Decision which has permanent legal force (inkracht van Gewijsde) in the era of autonomy is as wide as possible, and begins with the breakdown of the paradigm of regional autonomy in the 1945 Constitution of the Republic of Indonesia. Article 18, Article 18A and Article 18B, the implementation of regional government is based on the principles that become the normative basis. State Administrative Court decisions that cannot be executed have caused pessimism and apathy in society. The problem is that there is no executive power in the Law Number 5 of 1986 concerning the Regulation of State Administration. This condition is an alarming fact that the existence of a State Administrative Court Decision has not been able to bring justice to the public in the administrative sphere of government. The principle of the existence of a State Administrative Court Decision, to place judicial control in the implementation of good governance becomes biased in the Indonesian constitutional system.
The implementation of good governance become the main agenda that has to be done by any government agencies. Because this is a requirement that shows the Government's commitment in carrying out theirs duty to serve the community. All officers must have an understanding of public information disclosure / Keterbukaan Informasi Publik (KIP) based on Act Number 14 of 2008, the principles which referred to is accountability, transparency and the supremacy of law. This article is a normative legal research studying the principles/laws that is a research on applied regulations related to The Implementation of Trust +Positif Concerning Good Governance. This research aims to reveal the regulations related to the implementation of community service in conducting good governance in order to prepare ASEAN Economic Community. The conclusion of this research are that to create a good governance as expected by the community, the implementation of the function of Trust +Positif service is needed and we have to create synergy between the governmental officers who implement the policy and the community whom the policy applied to. Therefore, it is necessary to have cooperation between the two parties.
Religious and cultural pluralism in society can initially Posoacculturation establish the values among migrants with indigenous peoples,on further developments, have taken place between the social disintegrationAmong of them, as a result of the escalation of conflicts horizontal, for a variety of interestsgrowing, especially the expansion of economic and political institutions apparatussecurity. (Military and police) and religious and cultural pluralism imagedas a zone of still volatile, so that the imaging strengthen. The existence of a conflict region as a market force.A balanced division of strategic positions in government withrepresenting Christian and Muslim communities should be governed by clearlocal regulation and other rules or mechanisms in mind The conflict became a powerful issue. The security forces should be acting professionally make Indonesia secure and peaceful, the circulation of the various means of violence, such as firearms and bombs in Indonesia also business security forces in the conflict zone is security indicators are not handled in a professional manner. On the other hand required maximum effort and courage attitude of the government, especially the law enforcement agencies to bring those involved in cases of corruption and military violence should be given a participation in the strengthening of base- civil basis, such as combating corruption and strengthening peace program division of tasks and functions of a clear distinction between the security forces and society civilians can help realize a peaceful ofIndonesia
The state is obliged to strive for the realization of justice for traditional fishing communities. Traditional communities are fishing communities whose traditional rights are still recognized in carrying out fishing activities or other legal activities in certain areas located in archipelagic waters following the international law of the sea. Coastal space areas and small islands that indigenous/traditional communities have managed from the obligation to have location permits and management take national interests and laws and regulations into account. Article 26 A of the Republic of Indonesia Number 1 of 2014 makes it easy for outsiders to control small islands that regulate the use of small islands and surrounding coasts through investment forms based on a ministerial permit that must prioritize the national interest. Positive law must protect traditional fishing communities and indigenous peoples. This research aims to analyze the regulation of fishermen's protection from deprivation of their rights in earning a living and livelihood. The research method used is normative research, meaning the implementation of legal provisions in the form of legislation in activities for certain legal events in the community, especially the fishing community. Normative research refers to and examines laws and regulations related to the research being conducted. The research locations cover coastal areas throughout Indonesia, especially Banda Aceh, Padang, Jakarta, Semarang, Surabaya, Manado, Kupang, Ternate, and Mataram. The state can provide knowledge, guidance, and protection for fishermen from various actions of deprivation of their rights to earn a living and protection such as piracy, the practice of fishing theft, abuse of trawling, transshipment activities, threats, and violence by foreign parties to Indonesian fishers. The central government and local governments are obliged to provide facilities for guaranteeing fishing areas or fishing coverage areas that are safe and do not overlap with other fields. ; Negara berkewajiban mengupayakan terwujudnya keadilan bagi masyarakat nelayan tradisional. Masyarakat tradisional adalah masyarakat perikanan yang masih diakui hak tradisionalnya dalam melakukan kegiatan penangkapan ikan atau kegiatan lainnya yang sah di wilayah tertentu yang berada di perairan kepulauan mengikuti hukum laut internasional. Wilayah pesisir dan pulau-pulau kecil yang dikelola masyarakat adat/tradisional dari kewajiban izin lokasi dan pengelolaannya memperhatikan kepentingan nasional dan peraturan perundang-undangan. Pasal 26 A Undang-Undang Republik Indonesia Nomor 1 Tahun 2014 memberikan kemudahan bagi pihak luar untuk menguasai pulau-pulau kecil yang mengatur pemanfaatan pulau-pulau kecil dan pesisir sekitarnya melalui bentuk penanaman modal berdasarkan izin menteri yang harus mengutamakan kepentingan nasional. Hukum positif harus melindungi masyarakat nelayan tradisional dan masyarakat adat. Penelitian ini bertujuan untuk menganalisis peraturan perlindungan nelayan dari perampasan haknya dalam mencari nafkah dan penghidupan. Metode penelitian yang digunakan adalah penelitian normatif, artinya penerapan ketentuan hukum berupa peraturan perundang-undangan dalam kegiatan untuk peristiwa hukum tertentu dalam masyarakat, khususnya masyarakat nelayan. Penelitian normatif mengacu pada dan mengkaji peraturan perundang-undangan yang terkait dengan penelitian yang dilakukan. Lokasi penelitian meliputi wilayah pesisir di seluruh Indonesia, khususnya Banda Aceh, Padang, Jakarta, Semarang, Surabaya, Manado, Kupang, Ternate, dan Mataram. Negara dapat memberikan pengetahuan, pembinaan, dan perlindungan bagi nelayan dari berbagai tindakan perampasan hak untuk mencari nafkah dan perlindungan seperti perompakan, praktik pencurian ikan, penyalahgunaan trawl, kegiatan transshipment, pengancaman, dan kekerasan oleh pihak asing kepada nelayan Indonesia. Pemerintah pusat dan pemerintah daerah wajib menyediakan fasilitas untuk menjamin wilayah penangkapan ikan atau wilayah jangkauan penangkapan ikan yang aman dan tidak tumpang tindih dengan bidang lain.
Governance reforms should be coupled with a passion for bureaucratic reform. Good Governance must be done in an effective, clean and efficient so as to ensure the welfare and freedom of the life of the nation. The development dynamics of community life must be balanced with the development tingkal laws to regulate behavior in public life. The institutional and system rules experiencing rapid changes that aim to serve the needs of the community with excellent service then takes the free will / discretionary / Freis Emmersen owned by officials of state administration in implementing the government. Modern legal system of the country familiar with the term discretionary / Freies ermessen the free will which is owned by officials of state administration which can be used in certain circumstances. The use of discretion in the administration of government by officials of the state administration should pay attention to the rules of law that is in accordance with the intended use of such discretion is not contrary to the provisions of the legislation, based on the General Principles of Good Governance (Good Governance Principles), based on objective reasons, does not give rise to a conflict of interest; and based on good faith towards the ideals of the nation and state in the preamble of the 1945 Constitution.
Governance reforms should be coupled with a passion for bureaucratic reform. Good Governance must be done in an effective, clean and efficient so as to ensure the welfare and freedom of the life of the nation. The development dynamics of community life must be balanced with the development tingkal laws to regulate behavior in public life. The institutional and system rules experiencing rapid changes that aim to serve the needs of the community with excellent service then takes the free will / discretionary / Freis Emmersen owned by officials of state administration in implementing the government. Modern legal system of the country familiar with the term discretionary / Freies ermessen the free will which is owned by officials of state administration which can be used in certain circumstances. The use of discretion in the administration of government by officials of the state administration should pay attention to the rules of law that is in accordance with the intended use of such discretion is not contrary to the provisions of the legislation, based on the General Principles of Good Governance (Good Governance Principles), based on objective reasons, does not give rise to a conflict of interest; and based on good faith towards the ideals of the nation and state in the preamble of the 1945 Constitution.
Mediation is one of dispute resolution process that is faster and cheap, as well as can give access that is greater to all party to find settlement that satisfy and meet justice sense, however mediation implementation in Padang Religion Court class 1 A slight once that succeed in mediation. Problem formulation namely: 1. How mediation implementation in divorce case as peace effort in Padang Religion Court class 1 A ? 2. Factors any that became supporter and mediation success obstacle in Padang Religion Court class 1 A? Sociological juridical approach law research method (socio legal research). Research result: Padang Religion Court conducted peace effort with mediation way, accordance Perma Number 1 Year 2008. Mediation implementation in divorce case not yet went like a bomb. From 636 case that in mediation for January 2013 to June 2014 only 25 case or 3.9 % only divorce case that succeed mediation. Success as well as mediation failure certainly have supporter factor as well as inhibitory factor, among mediation success supporter factor in Padang Religion Court among others: mediator ability, sociological factor and pisikologis all party, moral and kerohaniaan, and good determination all party. Besides it so happens mediation success obstacle factor in Padang Religion Court among others: eager desire all party to divorce, room that is less conducive, mediator number limitation,one of party would not come, and lack of community understanding about mediation. Keyword: Mediation, settlement, divorce, Religion Court.
The Regional Representative Council (hereafter called DPD) is one of the top state institutions that is directly elected in the General Election. In general, the members of the Regional Representative Council of the Republic of Indonesia (hereafter called DPD RI) are tasked with bringing up the interests and aspirations of the people in the regions to the central government as well as having the authority to carry out supervision in the regions. Supervision in question is the supervision of the implementation of laws, and the results of DPD supervision are submitted to the House of Representatives (hereafter called DPR) as a material for consideration for follow-up. Based on this background, this research was conducted with the aim of describing how DPD RI's supervisory function mechanism on the implementation of regional autonomy in Bali Province and what obstacles DPD RI faces in supervising regional autonomy in Bali Province. This research was conducted using a normative legal research method with a statutory approach. The results of this study showed that DPD RI oversight function is implemented with three mechanisms, namely the absorption of aspirations in the community, conveying aspirations through the preparation of reports and problem inventory lists, and submission of the results of supervision to DPR. While the obstacles faced by DPD RI in supervising regional autonomy in Bali Province are the weak authority of DPD RI compared to its legitimacy, the cooperation pattern between DPD and related regional government agencies that has not been clearly regulated, and the lack of support and community participation for participate in supervising after the enactment of a law.
Since the fall of the New Order regime, the courage to sue the state began to reverberate dipentas unitary national politics. The emergence of the idea of a federal state (united state) is the antithesis of the implementation of regional autonomy in Indonesia based on Law No.5 of 1974 on the Principles of Local Government is in the very setralisti. Through these legal instruments are the restraints and the dominance of local independence done so strict and systematic. Though conceptually the real regional autonomy is the freedom of movement (of expression) should be given to the autonomous regions to conduct their own initiatives to manage the interests of society in the region. Therefore there is a presumption that the imposition of the concept of regional autonomy through the form of a unitary state did not take the welfare of people in the region because the laws on local government implementation of the new order which is conceptually very repressive, also followed well as the behavior of authoritarian governments, harassing human rights, setralisme power sucking resources into the central region. To overcome this, then the solution is the democratization and decentralization of power through regional autonomy the broadest, not by changing the form of the state of federalism, but by changing the way state officials are concerned interestexistence of regions including the utilization of natural resources equity and pluralism (diversity) regions. This is where the importance of regional autonomy as one of the vanguard of the unitary Republic of Indonesia guard.Keywords: Unitary - Federal - Regional Autonomy
