Suchergebnisse

Philosophically, discussion on archipelagic province should be preceded by philosophical system of Pancasila by positioning archipelagic province into the Unitary Republic of the Indonesia and the concept of Archipelagic State Principles. Treatment to be done by the Unitary Republic of the Indonesia toward archipelagic province is balanced equitable treatment; it means that the treatment to the land and water area of archipelagic province should be similar to the land area of non-archipelagic province. Based on the valid regulation, the treatments for archipelagic province all this time are unfair due to unimplemented of balanced equitable treatment, thus it affects to government condition.

The concept of the division of government affairs in deconcentrating and co-administration has a long history in Indonesian constitutional records. Amendments to the 1945 Constitution, especially the second amendment concerning the concept and pattern of the division of a government, have indicated that a centralized government would actually pose a threat to disintegration so that strengthening decentralization is not a weakening of Indonesia, but an effort to strengthen it. In other words, the choice to use the concept of autonomy as broadly as possible should be understood as a way to build a just balance between central and regional power relations. One of the issues regarding the constitutionality of regional government that has become a space for academic debate after the issuance of Law No. 23 of 2014 concerning Trade Law relates to the concept of the division of government affairs between government structures. Moving on from the point of view of State Constitutional Law and State Administrative Law, the analysis will be directed at the parameters used to construct the division of authority between government structures based on executive power (Article 4 paragraph (1) of the 1945 Constitution of the Republic of Indonesia) or based on the authority stipulated by the constitution. In another part, Law Number 23 of 2014 has reduced the essence of the concept of deconcentrating which previously was only carried out by the Governor, now it is also carried out by the Regent/Mayor. In such a concept, the problem is how to juxtapose the decentralization method with other methods such as deconcentrating and co-administration and institutionalization of the three principles.

Introduction: The non-compliance of the state administrative body or official with the TUN Court decision can be in the form of not revoking the disputed State Administrative decision, not revoking the TUN decision, not issuing a TUN decision, not complying with the obligation to pay compensation set by the court and not complying to rehabilitate the good name plaintiff.Purposes of the Research: The purpose of this study is to examine and analyze the payment of forced money and administrative sanctions against state administration officials who do not comply with the state administration's decisions and legal actions due to non-compliance of state administration officials to the application of forced money (dwangson) in the execution of state administration decisions.Methods of the Research: The writing method used is sociological juridical research. The location of this research is the Ambon State Administrative Court, the Ambon City Government Legal Division, the Maluku Province Law and Human Rights Bureau and the Central Maluku District Government Law Department.Results of the Research: The results of the study indicate that the disobedience of State Administrative Officials in implementing decisions that already have permanent legal force because there are no regulations and or legal provisions regarding forced payment of money to be implemented if the State Administrative Officials do not implement decisions that already have permanent legal force, and there is no special agency or executive body

Introduction: This article discusses the study of the regulation of administrative fines in regional regulations regarding PSBB.Purposes of the Research: The purpose of this article is to find out and analyze administrative fines and to find out and analyze the regulation of administrative fines in regional head regulations.Methods of the Research: The type of research used is normative legal research, which is a research that mainly examines positive legal provisions, legal principles, legal principles and legal doctrines in order to answer the legal issues faced.Results of the Research: The results of this study are administrative sanctions as a reaction carried out by the administrative body, is a dimension of unilateral administrative decision-making power. This power is the power to decide, apply and enforce sanctions against individuals who violate the norms of administrative law (public order). Meanwhile, administrative fines are sanctions imposed on administrative violations or administrative regulatory provisions which can be in the form of revocation of permits, dissolution, supervision, temporary dismissal, administrative fines, or police coercion. Ambon Mayor Regulation No. 18 of 2020 which regulates Legal Sanctions is inaccurate and tends to be problematic, not only in material terms but also in formal terms because it has weaknesses: First, because the Mayor's Regulation is not a statutory regulation that is recognized for its existence according to the provisions of Article 7 of the Law Formation of Laws , but the laws and regulations mentioned in the provisions of Article 8 of the Law on the Formation of Legislation which are recognized for their existence and have binding legal force as long as they are ordered by a higher Legislation or are formed based on authority. Second, the regulation of administrative fines in Mayor Regulation No. 18 of 2020 is also inappropriate because Administrative Sanctions are sanctions imposed on administrative violations or administrative provisions of regulations.

Introduction: The customary law community unit on Buru Island is divided into several areas centered on a certain area. Where, the leader at the Regenschaap level is called the title Jou or Raja as in Central Maluku. However, in practice there is also a village government system that includes the village head and village government staff as well as the Village Consultative Body.Purposes of the Research: To study and find out whether the village government system in the southern hunting district is still based on customary law values or not.Methods of the Research: The type of research used is research that will be used in the research is normative legal research.Results of the Research: The village government system in the southern buru district still has traditional values called the Fena which consists of (marga-marga) uniting themselves in an alliance, and has the highest leader called Mat Gugul. The village government system in South Buru Regency with construction combining the functions of self-governing community (customary village) with local self-government (village), where there is a Fena led by a village head, who is accompanied by a Saniri institution consisting of Geb. 'ha (soa) and soa represent the clan which is also known as Fena. In addition, there is also the Regenschaap government which can also be referred to as the leader in the territory led by Jou or Raja. A Regenschaap oversees several villages.

Introduction: One of the tasks of the sub-district head is to facilitate the preparation of the Perdes, but in practice many villages in Ambon City do not yet have a Perdes. The legal issue is whether the camat is effective in facilitating the preparation of village regulations in Ambon City. Purposes of the Research: The purpose of this study was to determine and analyze the effectiveness of the camat's duties in facilitating the preparation of village regulations and village head regulations.Methods of the Research: The type of research used is sociological juridical, namely a research in the field of law that aims to examine the implementation of legislation, legal principles, legal rules in society, the data of this research are primary data and secondary data.Results of the Research: The results showed that the Camat was not effective in the task of facilitating the preparation of village regulations because of the absence of communication, coordination between the sub-district and village government and efforts to foster in the preparation of village regulations. This is influenced by weak supervision of the sub-district head and the absence of sanctions for the sub-district head to be ineffective in carrying out his duties, as well as the lack of compliance with applicable laws.

Introduction: The legal issues in this writing include (1) Is the Covid-19 Pandemic Affecting the Simultaneous Regional Head Elections and (2) How is the KPUD Implementation in Disseminating Law Number 7 of 2017 Ahead of the Regional Head Election during the Covid-19 Pandemic.Purposes of the Research: This writing aims to find out and analyze how the KPUD's duties are in socializing Law Number 7 of 2017 during the Covid-19 Pandemic. Methods of the Research: The research method used is normative, that is, research that primarily examines positive legal provisions and legal principles, explains and predicts the direction of future legal developments. This is because this research is a legal research, because the science of law has a special character (it is a sui generis discipline).Results of the Research: The results of the discussion of the writer of this thesis showed that the implementation of the Democratic Party was disrupted by the corona virus outbreak, one of which was the simultaneous Regional Head Election. Even the implementation of KPUD's Duties of Law Number 7 of 2017 concerning socialization ahead of the Regional Head General Election is disrupted, but the KPUD can cooperate with print or electronic media in order to make it easier for the public to know the procedures for conducting the Regional Head Election so that the KPUD's task in conducting socialization ahead of the Regional Head General Election can be carried out.

This research was conducted to review and analyze the technical aspects of the law, especially in the approach of constitutional law and administrative law related to governance and accountability and responsibility in managing village funds and how efforts are made in the framework of prevention, especially the supervision aspect of minimizing the existence of village funds. Misuse and corruption in the use of village funds by village officials. This study uses a socio-legal method (doctrinal analysis of the law) using 3 (three) approaches, namely first, the conditional approach, which refers to the village fund management policy strategy, mainly related to the high cases of corruption in village funds; (2) statute approach, which refers to the system to legislation relating to the management of village funds; and (3) legal policy, which relates to government policies in terms of monitoring and preventing corruption in the direction of village funds. All stages in this research are carried out using a community service research scheme that has been determined by the research institution to be carried out by the Research Team in the field of constitutional law studies and administrative law. The focus of the research will be directed at structuring the relationship of authority between law enforcement agencies and the government, in this case, the Government Internal Supervisory Apparatus (APIP), in conducting supervision and law enforcement on the management of village funds. This is intended to obtain a model and policy framework for managing village funds free from criminal acts of corruption to realize the principles of transparency and accountability by the applicable laws and regulations.

Introduction: The validity of the decision and due to the legal procedures motivated by Law Number 30 of 2014 concerning Government Administration. This Regulation regulates the legal requirements of the decision that contains elements of authorized officials, procedures and substances that are in accordance with the object of the decision.Purposes of the Research: To find out and analyze the legitimate or or not the decision issued by the Acting Temporary Regent of the Eastern Seram Regent for the cancellation of a decision letter signed by the definitive regent.Methods of the Research: This research method is normative legal research, the problem approach in this study is a conceptual legislation and approach approach, the source of the legal material used in this study is the source of primary legal material and the source of secondary legal materials, legal materials that have been collected by grouped ways.Results of the Research: The results of this study are decisions issued by the Acting Regent of the Eastern Seram Regent not fulfilling the legal requirements of a decision of the elements of the authority, procedures and substance so that the decision has the potential to be canceled or canceled with the result of the decision issued.

Introduction: Regulation of the land control and land use on conservation areas, especially in coastal and coastal areas refers to the agrarian regulation in general, both for the benefit of the government and the public interest. The public interest is related to the rights that the State can give to its people for certain objects. Concerning the rights of the people, the state constitution guarantees the existence of the basic rights of the people, not only to the rights to land but also to other basic rights that are indeed held by the people and must be protected by the State.Purposes of the Research: Analyze the status of land rights in conservation areas and the legal consequences of land rights in conservation areas.Methods of the Research: The research methods used in this article is Normative Research, which is to examines and identify laws and regulations as well as legal concepts, especially about Land Rights on Conservation Areas to be the subject of study in finding the answers to the issues above.Results of the Research: The nature of the law which is always open and dynamic following the dynamics of changing community needs is expected to be able to answer the need for legal certainty itself through synchronization and harmonization of laws and regulations that explicitly regulate control and use of land in conservation areas that can guarantee certainty of community rights in the area. the coast.