Changes in regulations concerning employment, in particular regarding dispute resolution mechanisms State Civil Apparatus then indirectly affect the implementation of dispute resolution for the State Civil Apparatus. In contrast to what was in the previous law that the administrative appeals filed with the Personnel Advisory Board. In Article 129 of Constitution Number 5 of 2014 about civilian state apparatus.arranged among others on the administrative appeal submitted to the Advisory Board of civilian state apparatus, in which the efforts of administrative appeals and on the Advisory Board of the civilian state apparatus regulated by Government Regulation. But until now the government regulation has not been issued so that the dispute settlement civilian state apparatus, particularly for government employees with work agreementwill be problems in implementation.Legal protection of the state apparatus in the employment dispute resolution after the enactment of Constitution Number 5 of 2014 about civilian state apparatus can not be optimal be given and legal protection that the government can do isimmediately issued Government Regulation.
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.
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.
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.
This article aims to analyze the function of Bapemperda in increasing the effectiveness of the formation of Regional Regulations in the Bone Bolango Regency. The Regional Regulations Formation Agency (Bapemperda) of the Bone Bolango DPRD is one of the council's equipments for forming regional regulations. The type of research used in this article is empirical normative, which combines a normative legal approach with the addition of various elements of empirical studies. The results show that the implications of political intervention sometimes affect the issues and local regulations issued and do not represent the community's interests but are dominated by political interests. Ideally, local regulations must be responsive and meet usual policy standards that at the implementation level can be used and can answer problems that develop in the community. Human resources have an essential role in an organization, such as the rapid development of information technology, globalization, and changes in the world of positions and work, and are tied to the existing system. Members of Bapemperda and local governments play a role in forming regional regulations and other policy designs. To increase the effectiveness of the formation of Regional Regulations, it is necessary to have a relationship between human resources and the objectives that apply to Bapemperda itself. The researcher then offers a prototype product called CIS-Approach, a development concept from the results of the research and data analysis of the previous authors, which is expected to be a consideration for the government in formulating regional regulatory policies. CIS-Approach indicators are: 1) human resources with the system; 2) human resources with the issue; 3) human resources with regulations.
In the context of Aceh, the word "Ulama" refers to an Islamic scholar who own boarding school (In Aceh language known as Dayah) or a leader of an Islamic boarding school (known as Teungku Dayah). Ulama become "the backbone" of any social problem and play strategic and influential roles in Acehnese society. However, The Ulama roles have changed in the post-conflict era in Aceh. The assumption that Ulama are unable running their authorities in Acehnese society especially in the post-conflict era. Ideally, their roles are needed in the reconciliation regarding the agents of reconciliation who have authority like the Ulama and are trustworthy by Acehnese society. Therefore, this article aims to discuss the position of Ulama in the process of post-conflict reconciliation in Aceh. To investigate the problem, a descriptive qualitative method was used, where the method is to describe the nature of a temporary situation that occurs when the research is carried out in detail, and then the causes of the symptoms were examined. The data were literature studies, participatory observation, and in-depth interviews. The results of this research showed that during an important period of Aceh's history, the Ulama constantly become guardians that provide a religious ethical foundation for each socio-political change in Aceh, and subsequently they also act as the successor to the religious style that developed in the society. Even the formation and development of the socio-political and cultural system occurred partly on the contribution of the Ulama. The position of Ulama in the process of post-conflict reconciliation in Aceh can be found in four ways. Firstly, knowledge transmission. Secondly, as a legal decision-maker which refers to Sharia law, especially related to the reconciliation process. Thirdly, as a mediator. Fourthly, cultural roles in the form of ritual or ceremonial guides that are carried out when the parties of the conflict have met an agreement to reconcile. ; Dalam konteks Aceh, "Ulama" merujuk pada sosok individu yang memiliki Dayah (pesantren) atau pimpinan Dayah yang terkenal dengan sebutan Teungku Dayah. Pada ranah sosial, Ulama Aceh merupakan "tulang punggung" keputusan dalam berbagai hal. Ulama hadir sebagai kelompok strategis dan berpengaruh dalam kehidupan masyarakat Aceh. Namun, pasca konflik Aceh, telah terjadi dinamika pergeseran peran ulama di Aceh. Ada anggapan bahwa ulama tidak lagi mampu menjalankan otoritasnya dalam masyarakat, terutama pada masa pasca konflik. Padahal idealnya, ulama turut berperan dalam proses rekonsiliasi, mengingat saat ini belum ada agen rekosiliasi yang memiliki otoritas seperti ulama dan benar-benar dapat dipercaya oleh masyarakat Aceh. Oleh karena itu, penelitian ini ingin mendiskusikan tentang posisi Ulama Aceh dalam proses rekonsiliasi pasca konflik. Penelitian ini menggunakan metode deskriptif kualitatif, yaitu suatu metode untuk menggambarkan sifat suatu keadaan yang sementara terjadi pada saat penelitian dilakukan secara detail, dan kemudian berusaha memeriksa sebab-sebab dari gejala tersebut. Data dalam penelitian ini bersumber dari studi pustaka, obeservasi partisipatoris dan wawancara mendalam. Hasil penelitian ini menunjukkan bahwa dalam setiap periode penting seajarah Aceh, ulama selalu hadir sebagai satu kekuatan yang memberi ladasan etis keagamaan bagi setiap perubahan sosial-politik di Aceh, dan selanjutnya ulama bertindak sebagai penerus corak keagamaan yang berkembang dalam masyarakat Aceh. Bahkan pembentukan dan perkembangan sistem sosial-politik dan budaya masyarakat Aceh terjadi sebagian atas kontribusi para ulama. Adapun Posisi ulama dalam proses rekonsiliasi di Aceh pasca konflik dapat dilihat dalam empat hal. Pertama, transmisi pengetahuan. Kedua, sebagai pengambil keputusan hukum yang bersumber dari ajaran Islam, terutama terkait dengan proses rekonsiliasi. Ketiga, sebagai mediator. Keempat, peran kultural yang berupa pemandu ritual atau seremonial yang dilakukan ketika pihak yang bertikai sudah menemukan kata sepakat untuk berdamai.
