Suchergebnisse

The Indonesian Province of Aceh holds a special autonomy to have a local political party that is expected to promote the people's interests in Aceh. In this sense, the privileged autonomy should have to have a good governance performance. Nevertheless, it has not yet impacted significantly the performance of legislation. After the 2017 local election, two major local political parties dominate Aceh's provincial government, which discord with each other crucially that results in a divided government. This research aims to observe factors that take effect on the performance of legislation in the province of Aceh in the course of 2014 to 2018. This study employs qualitative methods. It reveals that in the legislation process, there is ineffective communication between the provincial government of Aceh and the local parliament (Dewan Perwakilan Rakyat Aceh/DPRA) to legislate a local regulation called qanun. This phenomenon is also triggered by the dispute over the parliament, which is split between two major local political parties. With ineffective communication between the government and the parliament, they did not work optimally to legislate many bills in every one-year term. Divided government leads to the vacuum or unproductivity of elements of the provincial government.

This paper discusses the implementation of the open promotion of the Regional Secretary (Sekda) of Sambas Regency in 2017, the reign of Atbah Rohim Suhaili in the 2016-2021 period. This got a response from Governor of West Borneo regarding the actions of the Bupati who did not comply with procedures or did not first consult with the Governor. Even though, the open promotion was successfully implemented on a national scale. However, the implementation of the open promotion was not confirmed by the evidence of results or the value of open and competitive selection by the official website of the Sambas Regency Government (sambas.go.id). This research is included in a qualitative cluster with a statute approach which involves the siyasah dusturiyah in the fiqh siyasah study cluster and is complemented by the fieldwork approach. The result is that the stages of the open promotion of JPT Pratama Regional Secretary of Sambas Regency have been carried out in accordance with the Act of 2014 Law, the stages in the description of the implementation of Sambas Regional Secretary's open promotion in general, if it is connected with Islamic principles there is certainly no prohibition. The appointment process in the leadership of Khulafa al-Rasyidin also had different ways of implementation and stages, so that there were no standard stages of implementation regulated in Islam. In addition, ASN Act 2014 and the implementation of the open promotion of the Regional Secretary of Sambas Regency are viewed more carefully and deeply. There are several findings that need to be explained here. Moreover, ASN Act of 2014 and the implementation of the open promotion of the Regional Secretary of Sambas Regency are not infallible without weakness (fallible). The findings obtained are confusion and inconsistency in the ASN Act of 2014.

Abstract: The issues related to political dowry are interminable. This interminability is the result of an indication of political dowry every time a general election or local election is held. Based on that background, this article describes the political dowry's detailed problems. In the beginning, the writer describes the definition of political dowry and its differences from political cost, the reasons for the restrictions, and the law enforcement on political dowry. It ended with some efforts to prevent political dowry.It is found that the definition of political dowry is different from political cost. The regulations restrict the practice of political dowry, but not for the political cost. The political dowry is restricted by law because it is against the national law's interest, which is the interest to have qualified and fair general elections and local elections. Heretofore, there is no legal punishment for the practice of political dowry due to the difficulty to prove the practice. There are some efforts to prevent the practice of political dowry: First, giving intensive supervision from The General Election Supervisory Agency (Bawaslu) and its subdivisions; Second, revising the regulations in the Law of the Local elections for nominating the candidates; Third, revising the regulations in the law of political parties for nominating the candidates of the president and local government; Fourth, assigning the time limitation for the political parties to accept the political cost; and Fifth, enhancing the legal awareness of all parties involving in the practice of general elections or local elections.

There are two functions of the state liability principle. The first is to secure individual rights (including economic rights) from a wrongful act conducted by a government, and the second is to compensate for damage caused by the infringement of individual right. Economic right is inherently allowing an individual to pursue economic interest both domestically or globally. In order to accommodate this right, a government is obliged to provide trade rules and mechanisms for every individual to conduct their global economic activities by participating in the WTO. The objective of the WTO significantly corresponds to the individual's right in order to obtain trade benefits. Hence, when a government infringes trade rules and mechanisms underlined in WTO Law, it will directly restrict individuals from gaining trade benefits under the WTO or, moreover, it will restrain individuals from enjoying their inviolable economic rights. When the right is violated, and the damage occurs, it thus leads to the obligation for the government to compensate the damage according to the state liability principle. This article discusses the nexus between the state liability principle and WTO Law, in order to encourage national courts to exercise the function of state liability by referring to the infringement of economic rights caused by the violation of WTO Law.

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