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Measuring The Corruption Measurement Model (CMM) Based on Maqasid Shariah Framework
Purpose of the study: This paper will discuss the application of maqasid al shariah as a benchmark in the Corruption Measurement Model (CMM) based on Maqasid Syariah. Dimensions to be assessed on maqasid al shariah based on the opinions of Syathibi include hifdzun Dhin, hifdzun an-nafsh, hifdzun al-aql, hifdzun an-nasl, and hifdzun al-maal. Methodology: In addition to successfully formulating all the relevant details of maqasid al shariah for corruption measurement, this study is the first research that uses quantitative methods like ANOVA on data from all provinces in Indonesia. Main findings: The result is the average score from the Corruption Measurement Model (CMM) in Indonesia which is found to be good enough. The empirical study using ANOVA shows that there is no significant difference in the maqasid dimension among provinces in Indonesia, with a significance of 0.05. Applications of this study: The results of this study enables researcher, practitioner and policy maker to understand the implication of corruption and its impact on the society. Novelty/ Originality of this study: The application of maqasid al shariah is tested to explain the impact of corruption on the inadequacy of infrastructure and inefficient bureaucracy.
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EKSISTENSI DAN PENGATURAN KESATUAN MASYARAKAT HUKUM ADAT SEBAGAI SUBYEK HUKUM TATANEGARA
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
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IMPLIKASI YURIDIS NIKAH SIRI DALAM PERSPEKTIF UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN
Undang-Undang No. l Tahun 1974 In people's lives there is still a frequent way of marriage which is a violation of Law , especially article 2 paragraph 2, namely: "Each marriage is recorded according to the applicable laws and regulations". The definition of violation in the law, known as siri marriage. In this case the law must be understood as a set of rules governing, controlling society. Law in this sense is not part of the community system, but control of the community system. Law in this sense is not part of the community system, but control of the community system. According to Gustav Radbruch law must contain three basic values, namely: 1. Value of justice (philosophical aspect). The validity of the law is justified on the basis of human philosophical beliefs. 2. Value of certainty (juridical aspect). The law is enforced because it is determined by the state (gemeenschap), namely by the government and the people's representative council. 3. Value of benefits (sociological aspects). The validity of the law is due to social reality (society as a whole). In a sociological and philosophical view, siri marriage is relatively acceptable to the community, but judicially cannot be justified because it will have an impact on the low legal awareness of the community. Marriage recording does not determine the validity of a marriage, but only states that the marriage event actually happened, so it is merely administrative. Thus, the marriage is legitimate because it is carried out in accordance with religious law but has a weakness, namely the absence of a recording as referred to in article 2 paragraph 2 of Undang-Undang No. l Tahun 1974 . In reality the registration of marriages brought more good than bad in living in a society, so carrying out the registration of the marriage would be in line and not in conflict with religious norms
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AANZFTA: UPAYA MEMBANGUN PERDAMAIAN NEGATIF MELALUI KERJA SAMA INTERNASIONAL
Interaction in the international system creates cooperation between countries and can also create conflicts when interests between countries clash. There are two approaches used in resolving conflict; associative where countries seek to cooperate with each other; and disassociative involving military force and political separation (Barash & Webel, 2009: 288). One of Indonesia's associative efforts in maintaining its diplomatic relations with Australia is by using ASEAN to form the AANZFTA (ASEAN-Australia-New Zealand Free Trade Area). Apart from geographical proximity, the socio-economic development opportunities for all parties, this cooperation is also a geopolitical strategy for Australian security and provides political legitimacy for ASEAN in the international world. Using a case study method that focuses on the dynamics of the relationship between ASEAN, Australia, and New Zealand, mainly through the AANZFTA, this paper will explain ASEAN, Australia, and New Zealand's reasons and interests as well as strengths and weaknesses in them. Through discussion and analysis results, it can be concluded that international cooperation was formed to build negative peace after the World War. Then over time, non-traditional issues increasingly encourage international cooperation to develop positive peace with moral values and peaceful dispute resolution without violence. Although the impact is the domination of big countries and sacrificing small and developing countries' sovereignty, each country will always prioritize its own interests. This study's results can provide an overview of the diplomatic relations between Indonesia and Australia multilaterally through AANZFTA. At the same time, the bilateral relationship between the two can be reviewed in further research
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Bersih dan bebas KKN: korupsi, kolusi, dan nepotisme
ANALISIS IMPLEMENTASI REFORMASI BIROKRASI DALAM MEREALISASIKAN GOOD GOVERNANCE DAN PENCAPAIAN TARGET MILLENIUM DEVELOPMENT GOALS (STUDI KASUS PADA PEMERINTAH KOTA YOGYAKARTA)
This report aims to review the implementation of bureaucracy reform in realizing good governance and the target mdgs the city government yogyakarta .This research is considered as policy research associated with bureaucracy reform based on the minister of utilization state apparatus and bureaucratic reform no. 11 years 2011 .The research is municipal yogyakarta that is city administration reward challenged the highest in the management of governance se-indonesia given by the indonesian government index ( igi ) since 2012-2014 with with get a rata-rata 6,8 index governance .The data in this research consisting of primary and secondary data .The method of analysis that used in this research is descriptive analytical , analysis techniques use also content analysis. The research results showed that the implementation of good governance of the Government of the city were in accordance with the regulations of the Minister for Administrative Reform and the bureaucratic State apparatus No. 11 in 2011. Keyword: good governance, indonesian government index
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Penegakan Hukum Mahar Politik dalam Pilpres 2019 Ditinjau dari Politik Hukum Pidana
The issue of political dowry, relatively, becomes a sustainable warning of problems in every general election in Indonesia. Such as the issue of Sandiaga Uno, who provided political dowry in the 2019 presidential election. The allegation was started by the Deputy of General-secretary of the Party of Democrat, Andi Arief, who stated that Sandiaga Uno had provided 500 billion rupiahs to PAN and PKS respectively so that those two parties would support him to nominate as the Candidate of Vice President for Prabowo Subianto. Political dowry has been a serious issue and almost constantly becomes an interesting topic to be reported and studied in every general election. Although it is popular, the issue of political dowry is a case that is relatively difficult to prove its truth (court decisions). In fact, explicitly, political dowry has been regulated in Article 228 on Law Number 7 of 2017 concerning the General Election (Election Law). However, it does not expressly provide a deterrent effect to the political dowry actors. This reality becomes the basis of encouragement in conducting this research. The theory used in this research is legal politics and law enforcement. While the method used is normative legal research with a statutory, conceptual, and comparative approach. The output of this paper is that the handling of political dowry cases in the presidential election needs a serious concern. And then, the regulation on sanctions, which still be administrative in nature, against the actors of political dowry in the Election Law is considered to be inappropriate. So that criminal policy is needed to strengthen the law enforcement and strict legal instruments against criminal acts of political dowry in the future election (ius constituendum).
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ESSENSI GANTI RUGI IMMATERIEL DALAM PERBUATAN MELANGGAR HUKUM MENURUT PUTUSAN HAKIM PERDATA INONESIA
Legal findings by judges in interpreting the meaning of the text of the Act can function to realize and provide protection for the community of justice seekers, National legislation and its conclusions in the form of court decisions are reported to be open to various studies and deconstructive criticism that carried out through various social movements that care about the law, so that national law can function as one of the forces to mobilize the lives of new Indonesian people who are able to act responsively for the public interest. From this definition the obligation of the Judge to uphold justice comes from its authority, namely the Judicial Discretion policy. In the event that the judge grants Maternity compensation to the Law Breaking Lawsuits, insofar as it has fulfilled the Elements of Article 1365 of the Civil Code, which brings the legal consequences the judge can grant Immaterial compensation based on found
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