Suchergebnisse

The General Principles of Good Government are currently one of the assessment bases for the judges in the Administrative Court to examine whether or not actions of the government contains the elements of harm for the community. The existence of Law No.30 of 2014 on Government Administration has expanded the competence of The Administrative Court (PTUN) in which the object of lawsuit in the Administrative Court is not only the Decisions of Administrative (beschikking) but also factual action from official or administrative institutions. With the amendment of Law No.5 of 1986 on the Administrative Court namely Law No. 9 of 2004 and Law No.51 of 2009 affirms the existence of The General Principles of Good Government as one of reasons to sue in the Administrative Court. It is inevitable today that the concept of Islamic law is widely used and applied in legal actions, whether in the realm of business law, private law or public law. Therefore, the concept of good government according to Islam needs to be studied further, often referred to as the concept of fiqh siyasah. This study is aimed to examine the comparison between the concept of The General Principles of Good Government with the concept of fiqh siyasah.

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.

Abstrak Asas-Asas Umum Pemerintahan yang Baik saat ini menjadi salah satu dasar penilaian bagi hakim di Peradilan Tata Usaha Negara untuk menguji suatu tindak pemerintah tersebut mengandung unsur kerugian bagi masyarakat atau tidak. Adanya UU 30 Tahun 2014 tentang Administrasi Pemerintahan telah memperluas kompetensi Peradilan Tata Usaha negara dimana obyek gugatan dalam PTUN tidak hanya KTUN (beschikking) akan tetapi juga tindakan faktual dari pejabat atau badan tata usaha negara. Dengan adanya perubahan UU No. 5 Tahun 1986 tentang Peradilan Tata Usaha Negara yaitu UU No. 9 Tahun 2004 dan UU No. 51 Tahun 2009 mempertegas keberadaan Asas-Asas Umum Pemerintahan yang Baik sebagai alasan menggugat di PTUN. Tidak bisa dipungkiri saat ini konsep hukum Islam banyak dipakai dan diterapkan dalam tindakan-tindakan hukum, baik dalam ranah hukum bisnis atau privat maupun hukum publik. Oleh karena itu maka konsep pemerintahan yang baik menurut Islam perlu dikaji secara mendalam, sering disebut dengan konsep fiqh siyasah. Penelitian ini ditujukan untuk meneliti perbandingan antara konsep Asas-Asas Umum Pemerintahan yang Baik di satu sisi dengan konsep fiqh siyasah di sisi yang lain. Abstract The General Principles of Good Government are currently one of the assessment bases for the judges in the Administrative Court to examine whether or not actions of the government contains the elements of harm for the community. The existence of Law No.30 of 2014 on Government Administration has expanded the competence of The Administrative Court (PTUN) in which the object of lawsuit in the Administrative Court is not only the Decisions of Administrative (beschikking) but also factual action from official or administrative institutions. With the amendment of Law No.5 of 1986 on the Administrative Court namely Law No. 9 of 2004 and Law No.51 of 2009 affirms the existence of The General Principles of Good Government as one of reasons to sue in the Administrative Court. It is inevitable today that the concept of Islamic law is widely used and applied in legal actions, whether in the realm of business law, private law or public law. Therefore, the concept of good government according to Islam needs to be studied further, often referred to as the concept of fiqh siyasah. This study is aimed to examine the comparison between the concept of The General Principles of Good Government with the concept of fiqh siyasah.

The availability of drinking water is an essential legal issue in life. However, the government budget is limited in funding the infrastructure sector. Government policy on drinking water supply in the capital Gresik through the Public-private partnership (PPP) program. The purpose of this study is to provide background information and considerations for the Government to improve the basic and complete legal rules for PPP contracts for drinking water infrastructure in the capital. Gresik. This study uses empirical legal research methods, namely legal research related to the adoption or implementation of legal norms in force for each specific legal event that occurs. in society. The results of this study include (1) legal aspects of the implementation of the right to provide drinking water to residents of the Gresik Regency; (2) Due to budget constraints, and the Government can establish a public-private partnership in the field of Clean Water Supply; (3) The Government can provide regulatory guarantees for drinking water infrastructure projects through the Gresik District PPP program. The results of this study provide recommendations to the Government to ensure better implementation of the Gresik Regency's right to public drinking water

Benefits of e-procurement is not only for the agency or the developer of the system itself but also for the providers of goods and services and the general public who want to know the process of procurement of goods and services procurement organizers get More bid prices and more simple nobility processes. As for the provider of goods/services can expand the business opportunity, create a healthy business competition, open the opportunity of business actors openly for anyone and reduce administrative costs. Additionally, e-procurement is also believed to improve collaboration between buyers and suppliers, reducing personnel needs, improving coordination, reducing transaction costs, shorter buying and selling of goods, facilitatingGreater inventory and transparency. Information technology can make costs more effective and public procurement systems are more innovative

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.

Perkembangan industri asuransi di Indonesia makin berkembang, hal ini dapat dilihat dari makin meningkatnya kesadaran masyarakat untuk ikut berasuransi. Menangkap peluang tersebut, maka saat ini banyak perusahaan asuransi bermunculan dengan menawarkan banyak produk dan jenis asuransi yang kompetitif. Asuransi syariah menjadi salah satu pilihan masyarakat yang dianggap sangat diminati karena dianggap lebih baik daripada asuransi konvensional. Dalam praktiknya perusahaan asuransi tidak semuanya memahami prinsip-prinsip dasar asuransi syariah sehingga pada praktiknya tidak sesuai dengan prinsip-prinsip tersebut. Untuk itu perlu ada kajian yang lebih dalam terkait dengan teknis dan prinsip asuransi syariah yang saat ini dijalankan oleh perusahaan-perusahaan asuransi syariah. Maka perlu diketahui pula oleh para nasabah, calon nasabah dan terutama perusahaan asuransi syariah mengenai prinsip General Takaful System (GTS). Diharapkan perusahaan tersebut benar-benar menjalankan prinsip asuransi syariah sesuai dengan Al-Quran, Hadist dan Peraturan Perundang-undangan yang berlaku di Indonesia agar tercapai kesejahteraan bersama.The development of insurance industry in Indonesia is growing, it can be seen from the increasing awareness of the public to participate in insurance. Capturing these opportunities, then the current many insurance companies have sprung up to offer a lot of products and competitive insurance types. Takaful be one of the people who are considered highly desirable because it is considered better than conventional insurance. In practice, insurance companies do not all understand the basic principles of Islamic insurance so that in practice is not in accordance with these principles. For that there needs to be a deeper study related to the technical principles of Islamic insurance which is currently run by insurance companies' sharia. Then it needs to be known also by its customers, prospective customers and especially the Islamic insurance company regarding the principle of General Takaful System (GTS). It is expected that the company is actually running the principles of Islamic insurance in accordance with the Al-Qur'an, Hadist and legislations in force in Indonesia in order achieve common prosperity.

In Law No. 28 of 2014 concerning Copyright, copyright can be granted to photography and painting as works of art produced by human creativity and initiative. Problems arise in realism works of art in the form of painting or photography containing nudist elements. By applying normative juridical research approaches of legislation (statute approach) and conceptual approach, this study examined restrictions based on the meaning of one article that works being the object of copyright protection must comply with morals, religion, morality, public order or national defense and security. The findings revealed that copyright objects in the form of works of art containing nudist elements, as long as they follow the culture of the local community and are not intended to arouse sexual arousal, are entitled to copyright protection.

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.