Suchergebnisse

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.

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

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.

The research is aimed to find out the "Coalition for Freedom of Information" activity, or Coalition, that can be categorized public diplomacy, its relationship with implementing thegovernment as the requirement to realize the good governance, and to get to know the relationship between good governance and the image building of Indonesia. The principles of public relations are used as the approach in analyzing the phenomenon of public diplomacy used by Coalition. This research was conducted by using the qualitative approach through constructivist paradigm toward the Coalition attitude in applying the public diplomacy. This research used both the key and supporting informa collecting was conducted by interview, observation, participation, and documentary study about the Coalition activity as well as the delphi technique. The data analysis was carried out as long as the research went on through the intersubjective commitment to focus being researched. The research gained some findings which involved: (a) The "Coalition for Freedom of Information" activity in public diplomacy can be done by the public relations approach using some activity categories, (b) The "Coalition for freedom of information" performance is focused on the efforts to uphold the law concerning freedom of access to public information in supporting the realization of good governance, (c) The public diplomacy activity applied by the Coalition through its advocacy was considered successful which can be seen by the local government rules concerning the implementation of participative and transparent government, (d) The model with the integrated public diplomacy potency and the synergy between the state actor and the non-state actor possessing their own structural authority and legality in the information service system for all public elements can build the positive image of Indonesia.

The role of KPUD as election organizer includes socialization and administrative services. The purpose of public services is supported by the enactment of Law No. 15 of 2011 on the election. Implementation in the context of regional autonomy is expected to prioritize the public interest, especially in the provision of public facilities. The research problem is how the Role of Regional General Elections Commission on Political Participation Pemilih Pemula Pemilihan Pemilihan Gianyar District of Bali Province. The purpose of this research is to know the role of Regional Election Commission to Political Participation of Pemilih Pemula Pemilihan Pemilihan Gianyar Regency. This research was conducted by using qualitative research method consisting of 3 flow ie data reduction, data presentation and verification. Based on data analysis, it is stated that the role of KPUD conducted by KPUD to the public is good enough. This can be seen from the Role of KPUD in Pemilukada Political Participation Pemilih Pemula in PIlkada. and that is sigmentation, socialization, political information, voting rights. Some suggestions that can be proposed that will be expected to improve the implementation of good socialization, namely the Election Commission need to be faster in conducting socialization to the pemil pemilih community to achieve the desired goal, namely the satisfaction of society. In addition, the KPUD needs to give the voters a chance to monitor the voting process in the elections. Initial voters are registered as voters in the election. It is necessary to involve the pemuga pemilih to participate in socialization conducted by KPUD.

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.

Health as one of the elements of general welfare must be realized through various health efforts in the context of comprehensive and integrated health development supported by a national health system. Health workers who will carry out health services to the community must have a STR (Surat Tanda Registrasi/Registration Certificate) issued by the government as the person in charge of public health services. Physicians as one of the health workers are responsible for providing health services in accordance with applicable legislation namely Law Medical Practice and Doctor's Code of Ethics. Doctors who practice health services to the community at the hospital are bound by the Doctor's Code of Ethics and are also bound by the Hospital By Laws as an internal provision of the hospital.

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.

The community-based public oral health program in public health centers was launched in 1993 to promote oral health of the community. This program is considered to be more important after local autonomous government and the passage of national health promotion law. The aims of this study were to evaluate this program and propose adequate guidelines for future public oral health program in public health center. For this study, the mail questionnaire survey was carried out from the 18 public health center. The sample is consist of the 23 dentists and 57 hygienests who work in oral health center of public health center now. Facilities, equipments, manpower and finance of public oral health center, task recognition of dentists and hygienests were investigated. Multiple regression analysis were performed to identify the factors which influence on the outcome of the program. Dependent variable is outcome of program and the independent variables are population size, financing, equipments, motivation of dentist., an extent of work. And also chi-square test were performed to compare the task recognition between dentists and hygienests. The major findings are summarized as follows. 1. Average space of oral health centers are 26.4 �렊 and only 33.3% of the centers have space in the facilities for tooth brushing and mouth rinsing and 45% have no dental unit chair. Oral examination instruments and education equipments are very poor. 2. Program population size (p<0.01), motivation of dentists (p<0.01), finance (p<0.05), an extent of work(P<0.05) and equipment (p<0.05) variables showed statistical significance at the multiple regression analysis, so these variables have an influence on the outcome of the program. 3. The dentists recognized that the priorities of mojor task have to be given to oral examination (57.9%), organizing the health promotion event (57.9% and planning and evaluation of program (57.9%), but hygienests recognized this task are performed in cooperation with the dentists. Recognition of planning and evaluation of program (p<0.01), budget planning (p<0.05), organizing of oral health promotion event (p<0.01) and propagation of program (p<0.05) variables showed statistically significant difference between dentists and hygienests. From the above results, adequate facility, space, basic instruments and education equipments, motivation of dentist, an extent of work and financial supporting are the essential factors to implement the successful public oral health center program. And also required are the job analysis of hyginests and dentists for the reallocation of tasks. ; open

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.

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.

One of the goals of the state is to provide welfare for the people through the administration of a state that is free from corruption, collusion and nepotism. Corruption is a crime with a crime rate classified as serious crime because this action is detrimental to the state, corruption itself is an activity where the perpetrator takes state funds for personal gain. To run a government that is clean from KKN at the village government level, it is necessary to pay attention to Law no. 28 of 1999 concerning the Implementation of a Clean and Free State from Corruption, Collusion and Nepotism and also Law no. 6 of 2014 concerning Village Government. The village government as the part that is most closely related to the community, the village government has an important role in aspects of national development in order to create a prosperous, just and prosperous society in accordance with the constitution of the Republic of Indonesia. Regarding the concept of clean government in Garanta Village, Kec. Ujungloe Kab. Bulukumba, the village government in this case as the village head of Garanta explained that the concept of clean government is to prioritize the principles of transparency and accountability in order to inform the public of the activities and developments that are planned. To encourage good government implementation, the village government also seeks to develop its village community to be more advanced and increase human resources in the Garanta village. The intended guidance is community development in the health sector and in other fields there is also youth development. Regarding the Garanta Village development plan that has been discussed with the village community, namely by building in each hamlet a Qur'an Education Park, building a Tugu or Village Triangle Park, as well as improving drainage and irrigation. The researcher was involved in assisting the process of implementing the selection of new village officials, taking into account the entire selection process. It can be concluded that the entire ...

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.