Suchergebnisse

Malang City with all its facilities is ancrowded city. As a result the streets in most areas in Malang Raya is becoming frequently used. The density of vehicle volume every day resulted in many holes in the road. However, late handling of the municipal and district governments resulted in more and more potholes in the streets. Of course this results in disappointment for road users. Many victims of accidents caused by falling due to potholes. Not least the victims of this perforated road encourage a group of young people to form a Community Care for the Hole of the Road. This group moves voluntarily. Social counciosness encourages them to form this community. In the action, they make a circular sign or edge with a white pylox against the holes on each road segment. The goal is white as a sign for road users to see the white marka they have created. The sign is felt quite effective because in the distance before the hole, the rider can lower the speed. A lot of appreciation is given to this community. Because by remembering the many holes in the streets of Malang, and the number of "Personal Capital" they have spent for this social action. Their action also received a response from the mayor. This study uses a case study approach and indepth interview method to community members and also a source of road users who recognize the existence of this grassroots community. Observations are made to this community by following all the activities of this group. As a result, people's perception of the two groups is divided into two, the pros and cons of their actions. In the contrary reasoned that the existence of sentences that are not appropriate to be displayed in public facilities. In conclusion, the pro-society perception towards grassroots movements can be a resistance movement for government policies that are slow to deal with this problem. Evidenced by the more intense they carry out the action, the response of the city government and Malang district faster. It is expected that this social awareness will encourage Malang city and district government to be more sensitive to the sound of netizens in both social media and aspirations directly.

Negara mempunyai kekuasaan untuk mengelola sumber daya alam demi mewujudkan keadilan sosial, kesejahteraan umum dan untuk kemakmuran rakyat. Instrumen hukum kontrak menjadi payung hukum sebagai upaya perlindungan hukum terhadap aset negara yang berupa minyak dan gas bumi. Kontrak Bagi Hasil menjadi pilar dasar dalam upaya pengelolaan dan pemanfaatan kegiatan usaha minyak dan gas bumi. Kontrak Bagi Hasil merupakan kontrak publik yang tidak sepenuhnya tunduk pada hukum privat. Dalam melakukan hubungan kontraktualnya, negara tidak boleh dirugikan (imunitas negara) dan harus memperhatikan klausula-klausula yang menitikberatkan pada perlindungan aset negara.State has the power to manage natural resources for the sake of social justice, the general welfare and are used as much as possible the greatest benefit for the greatest welfare of people. Contract law is the main instrument used to protect the state assets including oil and gas. Production Sharing Contract as a legal safeguard for oil and gas, is a fundamental pillar in the effort and utilization management activities of oil and gas. In this Production Sharing Contract, which the contracts also involve the government and called government contract, has a unique characteristic which is not entirely subject to private law. In principle, the state should not be harmed, called as state immunity. This principle also applies universally in the interest of protecting the state assets.

The monetary crisis that hit Indonesia in 1998, which resulted in the liquidation of 16 banks, has made public confidence in the banking sector decreased. To resolve this, the Government has issued a policy giving a guarantee for the entire banks obligations towards its customers, including savings societies (blanket guarantee). Blanket policies guarantee can improve public confidence towards banking, through a solid banking system and trust of the community to the Agency bank, the banking institutions can provide support to project infrastructure in Indonesia, as in any workmanship infrastructure projects definitely need the financial support of banking institutions. In line with this, it is a refinement of the basic rules of the banking system devices, especially in the field of guaranteeing deposits. This refinement aims to create a reliable banking sector and create a healthy banking system, which is efficient and competitive and is expected to be spared from systemic risk and can support infrastructure development in Indonesia.

One alternative to accelerate infrastructure development in Indonesia is by involving the private sectors in the financing and development. In principle, Public Private Partnerships (PPP) can be classified into two, namely: a partnership project which idea came from the initiation of the government (solicited) and partnership project which idea came from the initiation of the business entities (unsolicited). To facilitate the implementation of the Public Private Partnership (PPP), the financing instruments that exist currently may be used to support the implementation of the Public Private Partnership (PPP). The importance of involving a third party other than investor and the government is related to the fulfillment of capital requirements and risks sharing in the event of loss. Although the rules clearly have been enacted, the infrastructure projects in Public Private Partnership (PPP) seem less attractive to investors. One of the causes is that the capital required by investors is too great with very high risk when investment in infrastructure is slow yielding. It is important to propose the scheme of sustainable financing which may allocate the PPPs' risks proportionally. Until now, the government is too fixated with large cooperation projects with the private sectors, while the scheme offered is a Build-Operation-Transfer (BOT) scheme. This scheme is sometimes burden the investors, because the greatest risk is in the hands of investors. Regarding the financing of the Public Private Partnership (PPP), conventional financing such as a bank guarantee or sharia financing ('kafalah') can be carried out. Two such financing can be used in the Public Private Partnership (PPP), so it will increase the interest of investors to build infrastructure using Public Private Partnership (PPP). It is because such financing can overcome the difficulties of gaining large capital and also reduce the burden of risk borne by investors.

The development and development of the use of technology in an industry also has a negative impact on the environment. For example, the case of PT Merbau Pelalawan Lestari who was sentenced to pay a fine to the State of Rp. 16.2 Trillion because it has been proven to do illegal logging that damages the environment. Another case is the British company, Britist Petroleum, which suffered an offshore well explosion and because of this the total loss reached Rp. 1,194 Trillion. Repressive government actions for the above cases are by prosecuting and making decisions in favor of the interests of the environment and the interests of the local community. It will be a new problem if, the court ruling cannot be immediately executed, on the other hand environmental damage must be quickly restored. Finally, the State must act by providing assistance in the handling and recovery of damaged environments, such as the Lapindo mudflow case, Sidoarjo, East Java, Indonesia. In addition to repressive measures, the government has obliged industrial companies in certain fields to cooperate with insurance companies in terms of preventing environmental damage that may arise intentionally or unintentionally. But in practice insurance companies also experienced several obstacles related to the implementation of the agreement, monitoring up to payment of compensation. This is the focus of this research. So that it is hoped that the insurance company will get a formulation in making insurance agreements until the implementation of compensation payments. To answer this issue, researchers used doctrinal research methods; where this approach will still be guided by legislation and also legal concepts that have been made by legal experts and have been widely applied.

Gold mining in south-east Sulawesi Bombana is one of the potential natural resources in Indonesia. But nowadays the condition is due to lack of responsibility of the mining business to conduct post-mining reclamation in Bombana area, even though the mining activity has been carrying out mining business license. Post-mining activities are very important and must be done by the mining company, because it can minimize the destruction of natural environment in the mining site. The purpose of this research is to find out the mining conditions in the Bombana area as well as arrangements related to post-mine reclamation in the Bombana area. This study was written using the normative from data obtained by library research. Then related to the implementation of post-mining reclamation in Bombana is currently not carried out maximally, it is due to the uncertainty of regulations related to the post-mine reclamation obligations and the sanctioned rules that will be applied in the future still depend on local government regulations but the implementation is still not able to work effectively. So the steps that need to be taken in this case to avoid damage to the environment surrounding the mining site is necessary cooperation between the Government, the mining business actors and the community using soil conservation technology such as post-mining reclamation, which is regulated in a clear, transparent, accountable legislation.

The development of life in society, especially in urban areas, is marked by technological advances. The existence of this technological advancement makes all things in all aspects of life more effective and efficient. One of the technological developments in the city today is the creation of the idea of a "smart city" which is a city that has integrated information and communication technology in everyday human activities. A smart city aims to improve efficiency and services in the public sector and of course to improve welfare for residents. In Indonesia, there are already several cities that implement the "smart city" idea, one of which is the city of Surabaya, which is a city that has "smart city" ties for 3 consecutive years. In the City of Surabaya there are 6 important elements; namely government, living, economy, mobility, people and environment. However, in the implementation of a "smart city" in several cities in Indonesia, there are still some obstacles, one of which is the lack of the creation of a rule of law as an umbrella for the application of the "smart city" idea. Because then, if there is no regulation, every city that wants to implement the "smart city" idea arises doubts. So it is very necessary for the role of law to support the development of various new policies that will be implemented by a city, one of which is by constructing a legal product as an instrument in policy enforcement.

This paper aims to provide insights into the consumer protection in e-commerce in Indonesian context. In 2015, ASEAN Economic Community (AEC) which includes Indonesia as a member, was established for a regional economic integration by reducing the transactions costs of trade, improving trade and business facilities, as well as enhancing the competitiveness of Small and Medium-Sized Enterprises sector. AEC is expected to promote electronic transactions. Even though Indonesia has the Law Number 8 Year 1999 on Consumer Protection, this law does not regulate specifically on electronic transactions. In response to this limitation, Indonesia has issued the Law Number 11 Year 2008 on Information and Electronic Transactions and Government Regulation Number 82 Year 2012 on the Implementation of Systems and Electronic Transactions. This is followed by enactment of Law Number 7 Years 2014 on Trade, which regulates general domestic trade, foreign trade, border trade and commerce through the electronic system. The law aims to stem the flood of products imported into Indonesia so that the use of domestic products can be increased. This paper concludes that legislations which regulate consumer protection in electronic transactions are still inadequate thus Indonesia is not fully ready to deal with the consumer protection in e-commerce. Keywords: Electronic contracts, consumer protection, Indonesia, ASEAN Economic Community.Cite as: Agustin, E. & Kurniawan, F. (2017). Consumer protection in electronic contracts: The case of Indonesia. Journal of Nusantara Studies, 2(1), 159-169. http://dx.doi.org/10.24200/jonus.vol2iss1pp159-169

AbstractGovernment is obligated to provide sound public services, including waste management service. Up to now, private companies are still needed to assure innovative, efficient, and environmentally-oriented waste management service. The involvement of private sector in this Public-Private Partnership to provide such public service should be put in a legal contract, which is distinctive in nature and which is commonly known as a non-provisional government contract. The model of such contracts varies depending on the catered sector.This paper discusses the principles of non-provisional contracts which serve as a legal umbrella for Public-Private Partnership, focusing particularly on the main clauses related to "tipping fee" or "gate fee" in waste management partnership. These clauses set rules of fees paid by the government to investors for the service given.Keywords: government contract, Public-Private PartnershipAbstrakPemerintah mempunyai kewajiban untuk menyediakan pelayanan publik yang layak dan memadai dalam penyediaan infrastruktur termasuk pengelolaan sampah. Saat ini, peran swasta diperlukan dalam upaya terciptanya pelayanan publik yang inovatif, efisien dan berwawasan lingkungan seiring dengan kemajuan teknologi yang sangat pesat. Instrumen hukum yang diperlukan dalam mengakomodir model-model kerjasama pemerintah dengan swasta (Public-Private Partnership) dituangkan dalam suatu kontrak. Kontrak yang dibuat oleh pemerintah dan swasta mempunyai karakteristik yang unik (hybrid) yang lazim disebut dengan kontrak pemerintah (Government Contract) non pengadaan. Model kontrak kerjasama antara pemerintah dengan swasta juga mempunyai karakteristik khusus sesuai dengan bidang kerjasama.Tulisan ini akan membahas mengenai prinsip-prinsip kontrak non pengadaan sebagai konsep dasar kerjasama pemerintah dan swasta. Selanjutnya, pembahasan akan difokuskan pada klausula pokok dalam model kerjasama pemerintah dan swasta (Public-Private Partnerships) pengelolaan persampahan yang disebut dengan Tipping Fee/Gate Fee. Klausula ini merupakan biaya yang dikeluarkan oleh pemerintah kepada pihak investor sebagai imbalan jasa atas pengelolaansampah.Kata kunci: Kontrak Pemerintah, Public-Private Partnership, Tipping Fee.

Dental artisan is a common and preferred profession that has been widely known amongst the general public due to its low price. However, because the job was unsafe, the dental artisan was prohibited by Legislation No. 29 of 2004 on Medical Practice and the Ministry of Health Regulation No. 1871/MENKES/PER/IX/2011 on the Repeal of the Ministry of Health Regulation No. 339/MENKES/PER/V/1989. On the other hand, the Constitutional Court, through its decision No. 40/PUU-X/2012 has re-legalized the dental artisan profession. Amongst considerations made by the Constitutional Court, the re-legalization was caused because although the profession has a high risk of security, it can be settled through teaching, licensing, and supervision, instead of prohibition. This research is juridical research that studies the existent legislation provision on the legal protection regarded to dental artisan in Indonesia. Based on this research, it was noticed that: First, under Article 6 (1) of Ministry of Health Regulation No. 39 of 2014, a dental artisan is only allowed to, (a) create a partial or complete removable dentures that are made out of heat curing acrylic, that adheres to health standard requirements, (b) install a partial or complete removable dentures that are made out of heat curing acrylic without covering the patient"s left-tooth root. In the event a dental artisan conducted practice outside of the two, the City or Regency Local Government will impose an administrative sanction upon them. Second, the form of teaching, licensing, and supervision intended by the government will be given directly to the City of Regency Local Government to decide appropriately.

AbstractDe Durian Park Wonosalam is a durian farming community in the Wonosalam community that does not cooperate with any party. De Durian Park Wonosalam's activities are engaged in the economy, environment, tourism, and utilization of natural resources. However, there are existing problems regarding De Durian Park, namely partners need an understanding of the topic of Utilization of Natural Resources that is oriented towards bringing maximum profit for the benefit of the surrounding community and Partners still lack understanding of plantation law and licensing as the foundation in managing De Durian Park. The method used in this community service is to provide a thorough understanding and understanding regarding awareness of plantation licensing and the use of natural resources that bring benefits and prosperity to the surrounding community. This includes providing guidance on how to apply plantation permits and involving the government to avoid conflicts. The solution to the problems faced is that the PengMas Team participates in conducting socialization so that the goals of developing De Durian Park can be understood and accepted by all parties and provide legal consultation sessions and plantation licensing when the next activity takes place until it is finished.Keywords: Natural Resources Utilization, De Durian Park, Development AbstrakDe Durian Park Wonosalam ini adalah komunitas petani durian di masyarakat Wonosalam yang tidak bekerjasama dengan pihak manapun. Kegiatan De Durian Park Wonosalam ini bergerak dalam bidang ekonomi, lingkungan hidup, wisata dan pemanfaatan sumber daya alam. Tetapi terdapat permasalahan yang ada mengenai De Durian Park yaitu mitra membutuhkan pemahaman terkait topik Pemanfaatan Sumber Daya Alam yang berorientasi membawa keuntungan yang maksimal untuk kemaslahatan masyarakat sekitar dan Masih mininmya pemahaman Mitra mengenai hukum dan perijinan perkebunan sebagai fondasi dalam pengelolaan De Durian Park. Metode yang digunakan dalam pengabdian masyarakat ini yaitu dengan memberikan pengertian dan pemahaman secara menyeluruh terkait kesadaran perizinan perkebunan dan pemanfaatan sumber daya alamnya yang membawa keuntungan dan kesejahteraan masyarakat sekitar. Termasuk memberikan pengarahan bagaimana menerapkan izin perkebunan dan melibatkan pemerintah agar tidak terjadi konflik. Solusi dari permasalahan yang dihadapi yaitu Tim PengMas turut serta dalam melakukan sosialisasi agar tujuan dari pengembangan De Durian Park ini dapat dipahami dan diterima oleh semua pihak dan menyediakan sesi konsultasi hukum dan perijinan perkebunan pada saat kegiatan selanjutnya berlangsung hingga selesai.Kata Kunci : Pemanfaatan SDA, De Durian Park, Pengembangan

Gold mining in south-east Sulawesi Bombana is one of the potential natural resources in Indonesia. But nowadays the condition is due to lack of responsibility of the mining business to conduct post-mining reclamation in Bombana area, even though the mining activity has been carrying out mining business license. Post-mining activities are very important and must be done by the mining company, because it can minimize the destruction of natural environment in the mining site. The purpose of this research is to find out the mining conditions in the Bombana area as well as arrangements related to post-mine reclamation in the Bombana area. This study was written using the normative from data obtained by library research. Then related to the implementation of post-mining reclamation in Bombana is currently not carried out maximally, it is due to the uncertainty of regulations related to the post-mine reclamation obligations and the sanctioned rules that will be applied in the future still depend on local government regulations but the implementation is still not able to work effectively. So the steps that need to be taken in this case to avoid damage to the environment surrounding the mining site is necessary cooperation between the Government, the mining business actors and the community using soil conservation technology such as post-mining reclamation, which is regulated in a clear, transparent, accountable legislation.