Suchergebnisse

Small Medium Entreprises (SMEs) and Cooperative have not received a proper law protection in facing trade liberation of ASEAN Economic Community (AEC) and economic globalized world. In 2015 AEC has been established that would bring a huge change in Southeast Asia regionS and definitely will have a wide impact to business people in Indonesia. SMEs and Cooperative contribute to more than 90 percent of total Indonesian national economy. However, they are weak on investment and information technology and management skill as well as competition law among ASEAN Member States. Economic policies do not give a sufficient protection to SMEs and Cooperative. This article tries to seek solutions for SMEs problems especially their legal structure in order to enhance their competitiveness. This article argues that the government can provide legal protection by reforming SMEs economic sectors similar to the AEC's priority sectors by which the Indonesian' SMEs would become world class corporate.

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 Constitution and the implementing regulations of the Constitution in the folosifis Indonesiai emphasis on equality and justice between men and women (equality and equity) through the development of the law with a cored Legal policy making and reform of the legal materials to suit your needs. But the normative contraction occurs when the Affirmative Policy in order to speed up justice and equality between men and women laiki has been canceled by the Constitutional Court's decision to cancel the fifth paragraph of Article 205 of Law No. 10 In 2008 the elected legislators decide the candidate by a majority vote. This clearly constitutes a waiver of gender inequality in the political sphere.

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.

A lack of proper interpretation of Decentralisatie Van Het Onderwijs or education decentralization in practice has led to confusion in understanding the legal aspects of education decentralization to oversee the targeted acculturation of Indonesian citizens. Decentralisation Van Het Onderwijs, a Dutch education reform law, was the impetus for this study, which seeks to shed light on the role that decentralization plays in the process of cultural assimilation. Through an examination of the decentralization concept associated with Law No. 23 of 2014 concerning regional government, the legal meaning of education decentralization is determined. Of primary importance is creating an educational framework, which includes teaching student's values such as morality and respect for others. This framework can only be established through a well-resourced educational system. When it comes to education, moral training, character development, and social responsibility are all part of formal education. Only traditional religious schools, such as pesantren, can provide all of this information.

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.

ABSTRACT The national movement of the mental revolution proclaimed by Jokowi is a very appropriate bureaucratic reform policy. However, this mental revolution will certainly face a very tough challenge because the priyayi mentality has been a bureaucratic culture in Indonesia for a long time. The greatest challenge will come from internal bureaucracy itself because the mental revolution will surely disturb the comfort zone of many priyayi officials and bureaucratic apparatus. Therefore, reform or mental change is not possible in a short time or in a revolution, but needs to be planned, programmed, staged, continuous, consistent, and consistent. To realize the mental revolution, commitment and political will is not enough, but must be followed by political action in the form of exemplary leaders, assertiveness and courage of leaders, programs of mental revolution, and law enforcement that is not indiscriminate. The condition is of course very apprehensive to all parties. Therefore, while attending the 43rd Korpri Anniversary ceremony at Silang Monas Jakarta on December 1, 2014, President Jokowi launched the National Movement of the Mental Revolution which included three targets: 1. The change of mindset and paradigm of the government apparatus from the priyayi bureaucracy to the bureaucracy serving the people. 2. The organizational structure of the government should be lean, efficient, and not duplication of functions. 3. Cultural changes in the form of a work culture that is more disciplined, responsible, and put forward togetherness and mutual cooperation. Bureaucratic reforms that have been done are still pseudo that is limited to face and skin changes bureaucracy but has not touched its contents that is change mindset, paradigm, moral, and mental human being bureaucratic apparatus. As a result, bureaucratic reforms have only produced bureaucracies with new faces and modern skins but whose contents are the traditional, patrimonialistic and feudal mentality. Officials and bureaucratic apparatus in today's reform era still position themselves as prijaji who prioritizes power and demands respect and service of the people.

Permasalahan perturan perundang-undangan di Indonesia adalah inkonsistensi, disharmoni dan over regulasi. Kualitas peraturan perundang-undangan yang tidak baik, dihadapkan pada ketiadaan sistem yang dapat merespon dengan cepat kondisi tersebut. Reformasi regulasi sebagai upaya perubahan radikal dan berpengaruh cepat diharapkan menjadi langkah yang dapat ditempuh untuk memperbaiki sistem peraturan perundang-undangan di Indonesia. Upaya perbaikan dalam sistem perundang-undangan telah diupayakan dari TAP MPRS Nomor XX/MPRS/1966, TAP MPRS Nomor III/MPR/2000, Undang-Undang Nomor 10 Tahun 2004 tentang Pembentukan Peraturan Perundang-Undangan dan Undang-Undang Nomor 12 Tahun 2011 tentang Pembentukan Peraturan Perundang-Undangan. Namun belum menampakkan hasil yang memuaskan. Persoalan kualitas peraturan perundang-undangan beserta sistemnya masih menimbulkan permasalahan dalam mendukung perbaikan di berbagai sektor.The problem of law enforcement in Indonesia is inconsistency, disharmony and over regulation. The quality of legislation is not good, faced with the absence of a system that can respond quickly to these conditions. Regulatory reform as an effort to change radical and fast influences is expected to be a step that can be taken to improve the system of legislation in Indonesia. Efforts to improve the system of legislation have been sought from TAP MPRS Number XX / MPRS / 1966, TAP MPRS Number III / MPR / 2000, Law Number 10 Year 2004 concerning Establishment of Legislation and Law Number 12 Year 2011 concerning Establishment of Legislation Regulations. But it has not shown satisfactory results. The issue of the quality of legislation and its systems still causes problems in supporting improvements in various sectors.

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.

The indigenous society of Lampung is divided into two large groups; Saibatin and Pepadun. Both societies has many diversities in origins, so the local government arrangements is stimulated in the consultative mechanism represented by punyimbang at each level within the representative agency called Perwatin ( Proatin ). With anthropologic analysis , this paper would like to emphasize the meaning , role and function of institutional of Perwatin and Kepunyimbangan for indigenous peoples of West Lampung, its relevance to contemporary of democratic values, and the opportunities and the existence of the traditional institutions in the implementation of the reform of Regional Autonomy Law . According to the findings of the research, prowatin and punyimbangan are still very important to be implemented in local communities in West Lampung. This is case due to democratic values and local wisdom in prowatin institutions and kepenyimbangan accordance with the conditions of the community and institutional environment in which it arise.

Direct elections in Indonesian was born after the reform. The change of Law 22/1999 becomes Law 32/2004 has changed the Regional Head of the Parliament election becomes elected by all the people of the region. However, direct election is not free from problems. To discover this fact, it is conducted research on Problem Mapping and Local conflict Solutions in Direct elections in Indonesia. By using descriptive qualitative method, it is concluded that: The main problem is the Direct Election of the general policy of the Government in the form of "rules of play" and the adequacy of the implementation time to implement it. It has spawned some weaknesses, such as: a) List of Voters is not clear, b) Inadequate Facilities-Infrastructure & Monitoring, c) Delivery of Ballot are late, d) the candidate's Psychology & Supporters are not ready, e) the socialization is not maximum, and f) Election Commission is not experienced. ; Pemilihan Langsung di Indonesia lahir pasca reformasi. Perubahan UU No. 22/1999 menjadi UU No. 32/2004 telah mengubah Pilkada dari DPRD menjadi oleh seluruh rakyat daerah. Namun, Pilkada langsung tidak lepas dari masalah. Untuk mengungkap fakta tersebut, dilakukan kajian Pemetaan Masalah dan Solusi Konflik Lokal dalam Pilkada Langsung di Indonesia. Dengan metode deskriptif kualitatif, didapat kesimpulan: Masalah utama Pilkada, ketidakmatangan kebijakan umum Pemerintah dalam bentuk "aturan main" dan kecukupan waktu implementasi. Hal itu melahirkan sederet kelemahan : a) Daftar Pemilih Belum Jelas, b) Sarana-Prasarana dan Pengawasan Tidak memadai, c) Pengiriman Surat Suara Terlambat, d) Psikologi Calon & Pendukung Tidak Siap, e) Sosialisasi Tidak Maksimal, dan f) KPU (D) Belum Berpengalaman.