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.
In Islamic law, khamr is a common type of alcoholic beverage that is forbidden for consumption due to its elements that can intoxicate and lead to loss of self-control. The government of Indonesia also forbids people from consuming the intoxicating beverage in certain levels. Nevertheless, a community group in Batu Payuang Halaban, Lima Puluh Kota Regency, West Sumatra Province, Indonesia, wherein their daily lives can be found a type of traditional beverage as same as khamr that is a fermented juice of sugar palm bunches. The people call it "tuak". This research aims to investigate how the people of Nagari Batu Payuang produce aia niro and tuak, their motives for buying, selling, and consuming the drink, and judging it from the perspective of Islamic law (hadd al-syurb). This type of research is field research with a qualitative approach. Data sources consisted of primary and secondary. The data collection was conducted by observing the process of producing aia niro, tuak, and the transaction, and in-depth interviews with owners of sugar palm plantation, tuak producers, buyers, sellers, consumers, and local ulama (Islamic scholars). The data were analyzed in descriptive by reduction, display, and verification. To examine this research, the theory used was the concept of hadd al-syurb in Islamic law and the regulation on alcoholic beverages in Indonesia. The results show that aia niro is produced by extracting the bunches of male sugar palm and it is the raw material to produce tuak by leaving the aia niro in jerry cans and adding agarwood bark for 3 days. The sellers have various reasons to sell tuak and its raw materials. Besides the price is higher than brown sugar, it is also motivated by personal and other economic reasons as well as easier processing. People who drink tuak realize that it is intoxicating in a certain amount but they drink it to warm their bodies and relieve their fatigues. In the concept of hadd al-syurb, consuming tuak as an intoxicating substance is haram (forbidden) and is condemned to those who drink it. However, they who trade it are not punished by hudud since the Sunna proposition only refers to the transaction as an act of curse. ; Dalam konteks hukum Islam, khamr adalah salah satu jenis minuman yang dilarang untuk dikonsumsi karena mengandung unsur yang dapat memabukkan dan menghilangkan fungsi akal. Pemerintah Indonesia juga melarang masyarakat mengkonsumsi minuman memabukkan dalam kadar tertentu. Meskipun demikian, ada kelompok masyarakat di Batu Payuang Halaban, Kabupaten Lima Puluh Kota, Provinsi Sumatera Barat, Indonesia, yang dalam keseharian mereka ditemukan jenis minuman tradisional yang berfungsi sama dengan khamr. Mereka menyebutnya dengan nama tuak yang berasal dari fermentasi air perasan tandan aren. Penelitian ini bertujuan untuk mengetahui cara masyarakat Nagari Batu Payuang memproduksi aia niro dan tuak serta mengetahui alasan mereka melakukan jual beli dan mengkonsumsinya, kemudian menilainya dari sudut pandang hukum Islam (hadd al-syurb). Jenis penelitian adalah penelitian lapangan dengan pendekatan kualitatif. Sumber data terdiri dari sumber data primer dan sekunder. Pengumpulan data dilakukan dengan cara observasi proses pembuatan aia niro, tuak dan jual belinya, wawancara mendalam dengan pemilik kebun aren, produsen tuak, pembeli, penjual, konsumen dan ulama lokal. Data dianalisis secara deskriptif dengan cara reduksi, display dan verifikasi. Teori yang digunakan untuk menelaah kajian ini adalah konsep hadd al-syurb dalam hukum Islam dan pengaturan minuman keras di Indonesia. Hasil penelitian menunjukkan bahwa cara produksi aia niro adalah dengan menyadap tandan bunga jantan dan airnya digunakan untuk membuat tuak dengan cara mendiamkan aia niro itu dalam jeriken dan menambahkan kulit kayu gaharu selama 3 hari. Para penjual memiliki alasan yang beragam ketika menjual tuak maupun bahan bakunya. Selain harganya lebih tinggi dari gula merah juga karena alasan pribadi dan ekonomis lainnya serta proses pengolahannya yang lebih mudah. Masyarakat yang suka meminum tuak mengetahui bahwa tuak itu memabukkan dalam jumlah tertentu tetapi mereka meminumnya hanya untuk memanaskan tubuh dan menghilangkan rasa penat. Dalam konsep hadd al-syurb, mengkonsumsi tuak sebagai zat yang memabukkan adalah haram dan dihukum hudud orang yang meminumnya. Tetapi orang yang memperjualbelikannya tidak dihukum hudud karena dalil Sunah hanya menyebut jual belinya sebagai perbuatan yang dilaknat.
Corruption, Collusion and Nepotism (KKN) are social diseases that have long infected the nation and state of Indonesia. This paper conveys the social movement theory in the effort to create a government free from KKN through strengthening the role of masyarakat madani (civil society). The Jenkins and Klandermans' diagram of the relationship of social movements with the state and the political system illustrates the problem of a three-way relationship between social movements, political representation and the state. The issue is the extent to which opportunities represented by political representatives in social movements, the impact of social protests on political parties and official political processes, as well as the implications of these relations in modern democracies. In this case, the social movement's chances through the 1998 reforms have been able to undermine the authoritarian New Order regime, a good start for the creation of democracy in Indonesia. However, it turns out that KKN disease that has been rooted to create systemic corruption (institutional entry) creates its own difficulties in eradication. Civil society as an alternative to social forces should be encouraged to play a role in solving the chaotic reform of the Indonesian bureaucracy. The role of civil society through NGOs, intellectuals, students, workers or labours, mass organizations, religious leaders, social media, press and other elements of society are expected to make the government more assertive in enforcing the law and crack down on KKN actors according to MPR XI / 1998, Anti-Corruption Law, as well as other supporting regulations that have been created. Law enforcement agencies, including POLRI, KPK, Judicial Commission are expected to play a role. This is of course with the participation of civil society as a control force that offsets the strength of government in upholding truth and justice. Keywords: civil society, social movements, KKN (Corruption, Collusion, and Nepotism), clean government.
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.
This paper tries to discuss diplomatic governance study on Indonesian decision-making and implementing foreign policy. Diplomatic governance is a concept that is adopted from democratic study on how to manage transparent and accountable decison-making policy. The discourse on diplomatic governance is expected to improve effectivity and efficiency of Indonesian foreign policy in achieving its national interests. Foreign policy that will be the focus of this paper is Indonesiaan foreign policy of administrative–based economy. In the last 10 years, this policy have been constractedserious problems such as corruption, lack of protection of Indonesian citizen abroad and crisis on law-politics issues such as dispute resolution in International Court of Justice in the case of Sipadan and Ligitan Islands.This paper considers that the lacks of effective and efficient of Indonesian foreign policy in articulating Indonesia"s national interests in international fora are closely related to the low governance negotiation discourse in the formulation and implementation of Indonesia's foreign policy.
A soft Brexit scenario will include an implementation period from the day the UK formally leaves the EU to 31 December 2020. During the implementation period, the UK will continue to be functionally treated as an EU member state and remain a party to EU international agreement. Associated with the ASEAN single market, should be considered the readiness of Indonesian regulations and legislations that in sectorial concerns at least three aforementioned legal instruments to be harmonized with the laws of the ASEAN countries. Important findings were shown by the research from the perspectives of business law, especially, capital investment law, intellectual property and international trade law that Brexit has significant impact for the EU itself, Indonesia and also AEC.
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.
Plant variety protection is a relatively new concept for many Indonesians. It was developed because of the patent regime's failure to provide appropriate protection for new plant varieties. This new sui generis legislation for the protection of plant varieties was enacted in response to Article 27.3(b) of the TRIPS Agreement, which requires WTO Members to provide an effective sui generis law for the protection of new plant varieties. This paper analyses the current state of plant variety protection in Indonesia. It covers the threshold of protection, the subject, scope, right and obligation of breeders, exceptions to infringement, farmers' rights and local varieties. It also analyses the current policy to revise the Plant Variety Protection Act and the underlying reasons for this, including Indonesia's national interest and its international and bilateral commitments. The main focus of the paper explores why such policy is not broadly compatible with the Indonesian agricultural tradition of seed sharing. Accordingly, this paper explores the tradition of seed sharing in Indonesian culture known as adat. In addition, it explores the likely implication of such protection for national agricultural innovation.
In the era of independence, guided democracy, the new order, until the era ofgovernance reform in Indonesia tended to override the importance of diversity.Power consolidation tends to deny the existence of customary law community unitsand is usually accompanied by etatism tendencies. This article describes how theexistence and regulation of customary law community units as subjects ofConstitutional Law. The conclusion obtained is that the existence and regulation ofcustomary law community units as subjects of constitutional law in the legal systemof the Republic of Indonesia constitution is guaranteed and recognized based on theprovisions of Article 28 B paragraph (2) article and 28 I paragraph (3) of the 1945Constitution, as well as in Article 6 UU no. 39 of 1999 concerning human rights
The era of trade liberalisation for the ASEAN Economic Community (AEC) began in December 2015 and brought about economic liberalisation in the Southeast Asian region. This era is competitive and the ASEAN member states (AMSs) almost do not have full power of sovereignty to govern their own economic national matters. In this globalised dependence era, the majority of states in the world have to adjust and adopt as well as adapt their national laws to internationalised rules of law. This trade liberation era also has forced companies and other business entities, including Small and Medium Enterprises (SMEs) and Cooperatives in Indonesia to compete with each other in order to tap the benefits of international trade liberalisation. In this context, SMEs and Cooperatives in Indonesia need some kind of protection from the government that does not oppose international regulations on trade. While the number of SMEs and Cooperatives is 98 per cent, their contribution to Indonesian export is small, at only 19 per cent. They are weak in terms of capacity building and access to capital, information technology, global markets as well as integration with regional and global market chains. This research paper evaluates SMEs and Cooperatives in Indonesia in terms of facing AEC trade liberalisation, i.e., what has done and should be done by the authority is to give proper protection to the SMEs in Indonesia by focusing on the manufacturing SMEs as this sector has the best chance of boosting SMEs' export capacity and building the competitiveness of Indonesian SMEs in order to be equal with other SMEs in the ASEAN region.
As a country of mega biodiversity, Indonesia is also vulnerable to biopiracy target. To prevent biopiracy, it is crucial to protect the country's genetic resources. In order to protect genetic resources and to prevent biopiracy, Indonesia has included the requirement of Disclosure of Origin (DO) in The Indonesian Patents Act, 2016 by imposing patent applicants to disclose the origins of genetic resources in Patent application. This paper critically analyses the Patents Act to highlight key issues that undermine the country's efforts to combat biopiracy. The principal findings are that there are significant problems with implementing DO provisions of the Act in the fight against bio piracy. The effectiveness of the legislation remains questionable and some important sections of the Act lack clarity. The purported regulatory framework under the Act to enforce DO and to help deal with biopiracy is ill defined and human resources are inadequate. The paper concludes that to combat biopiracy effectively Indonesia needs to review its legislative and institutional framework on DO and consider establishing a National Anti-Biopiracy Commission.
PILPRES 9 Juli 2014 telah dihelat dan WNI terpanggil untuk datang menentukan sekaligus memenangkan pilihanya. Hasilnya diumumkan KPU pada 22 Juli 2014 yang untuk selanjutnya panggung politik diperlihatkan melalui mekanisme hukum di MK. Kita semua mengetahui apa yang kemudian terjadi dan siapa yang sepatutnya memimpin RI sesuai dengan putusan lembaga perpilpresan yang dilantik 20 Oktober 2014. Publik menyimak bahwa Pasangan Prabowo-Hatta dan Jokowi-JK sama-sama mengusung tema lingkungan untuk diperhatikan dengan kesungguhan jiwanya
Salah satu penyebab seringnya terjadinya konflik antara pengusaha dan buruh dalam hubungan industrial adalah pengusaha sering memosisikan buruh sbagai "orang" luar. Buruh dianggap bukan bagian dari keluarga dari keluarga besar perusahaan.
Development of Indonesian national law should not leave attention to development of legal plurality as its source. Focus of this study is to see the influence of Indonesian social factors on the development of Islamic law and how Islamic law can be integratively transformed into the National Law. By qualitative method and socio-legal approach and constructivism paradigm, this study bases on theories of social change influeces on Islamic law law without leaving methodology of usul fiqh and the sources of Islamic law. Islamic law has broad opportunity and experiences to be integratively transformed into national law within Indonesia's own character. Transformation can be done in the whole structure of Islamic law including its values of philosophy, principles and norms, and can be performed in all areas, both private and public Law, written law by political power and unwritten law with cultural approach. However, Islamic law as one of the Indonesia living laws and the sources of National law, still today is viewed in dichotomy to the National law and only transformed in limited norms. There are many obstacles to be transformed into national law integratively and widely, though Islamic law has wide space of interpretation and intellectualism that can adapt to different contexts and National law.
