Suchergebnisse

The essence of decentralization and regional autonomy is basically how to bring the government closer to its people, in which the implementation of regional autonomy provides space for local governments to accelerate the realization of the welfare of the community through improving services, empowerment and community participation, and enhancing regional competitiveness. Providing a service that meets the established standards is a part to be observed. the existing service in the city government of Denpasar to achieve good governance of the city government must have to do the service by using the strategy so that people are satisfied with the services provided, this is done so that the realization of good governance is by nine principles: (1) Community Participation, (2 ) Enhanced Legal Supremacy, (3) Transparency, (4) Caring for Stakeholders, (5) Consensus-Oriented, (6) Equity, (7) Effectiveness and Efficiency, (8) Accountability, (9) Strategic Vision.

The purpose of this study is to explain how ASEAN solved problems in stabilizing their territory. As we know the formation of ASEAN as a regional organization of Southeast Asia is to liberate countries in Southeast Asia from the influence of The Great Powers. This is in line with the realism that deeply bound within ASEAN. Ahead of the 15th anniversary of the formation of ASEAN, there was a major conflict between Vietnam and Cambodia, precisely in the 1970s. This is one of the catalysts that destabilize the ASEAN's stances to avoid various types of multilateral relations. The method used in this research is qualitative with historical analysis from various literatures. After successfully resolving the conflict, in 1994 ASEAN established ARF as a workplace to discuss security in Asia, in order to facilitate such conflicts to occur again. ARF members are not only ASEAN countries but also superpowers. This is contrary to the foundation of ASEAN itself. In essence it shows that realism is willing to subdue with liberalism.

This paper explains how the application of an open proportional system and a closed proportional system in the legislative elections in Indonesia. The problem is focused on how the consequences of implementing an open proportional system compared to closed proportionality after the widespread discourse to return to a closed proportional system. Moreover, a number of problems emerged after the 2019 simultaneous elections were carried out in an open proportional system. The open proportional system was considered more complicated for voters and for election administrators. Meanwhile, for election participants, an open proportional system created internal conflicts in political parties. The data in this paper were collected through literature study and analyzed qualitatively. This study concludes that a closed proportional system was considered to be more efficient in the process of casting and printing the ballots. The closed proportional system was also simple for voters, because voters only chose images of political parties. On the other hand, political parties as election participants must also improve their party system to be more democratic so that the cadres of the best political parties who side with the people have the same opportunity to compete in the election. Ease of voters and the quality of election participants are important because the essence of elections is participation and contestation.

The Regional Representative Council of the Republic of Indonesia (DPD RI) is a state institution that was born from the 1945 NRI Amendment process. The formation of the DPD RI was meant not only to reform the parliamentary structure into two chambers, the formation of the DPD RI was a constitutional effort intended to better accommodate regional votes by giving channels, as well as roles for the regions. In that perspective, the DPD RI must play a more important role in bridging local regional aspirations with national development policies. Thus, regional interests and aspirations can be integrated and aligned with national policies. If the DPR brings political aspirations of the people, then the DPD should carry regional aspirations that are not only political in nature but have social and cultural values in accordance with the variety of regions it represents. In essence, the role of the DPD is more emphasized on the importance of accommodating and aggregating the aspirations and interests of the regions to balance the hegemony of the DPR which carries the aspirations of the people which are only political. This research will focus on the extent to which the DPD RI has carried out its role as mandated and the ideals of its formation as regional representatives. Whether the presence of the DPD has accommodated and aggregated regional interests and has also been able to avoid legislative power being only concentrated in one institution (check and balance).

The most important thing before starting the construction project is deciding the type of contract will be used for the project's implementation. In order to get the proper decision, the understanding on various conditions of contracts are required. In Indonesia there are many project using the so called "modified" FIDIC Conditions of Contract for EPC/Turnkey Project, but with the incorrect understanding on the reasons of using EPC/Turnkey Contract, so instead of solving the problem it may caused bigger problems in practice, many problems raised during the execution due to such incorrect understanding of the spirit of EPC/Turnkey Contract. Most of Employers, in this case the government institution or state owned enterprises in Indonesia, choose the EPC/Turnkey Contract with minimum understanding of the essence of the EPC/Turnkey Contract. Their reasons of choosing the EPC/Turnkey Contract was the "tied schedule" and the "higher certainty of cost". FIDIC EPC/Turnkey Contract based on the discussion in this paper, instead of fit the Employer's need only, the EPC/Turnkey Contract still give chance to the contractor to submit their claim (Clause 20) and even the price is fixed, payment could be made once the claim is accepted (Sub-Clause 17.4) means that additional to the contract price can be done. One of the important noteworthy thing is that if there is additional cost it should be "added to the contract price", while in the conventional contract it should be "included in the contract price", so the final price will be the same (Sub-Clause 14.1). Keyword: EPC/Turnkey Contract, tied schedule, higher certainty of cost, added, included. ; The most important thing before starting the construction project is deciding the type of contract will be used for the project's implementation. In order to get the proper decision, the understanding on various conditions of contracts are required. In Indonesia there are many project using the so called "modified" FIDIC Conditions of Contract for EPC/Turnkey Project, but with the incorrect understanding on the reasons of using EPC/Turnkey Contract, so instead of solving the problem it may caused bigger problems in practice, many problems raised during the execution due to such incorrect understanding of the spirit of EPC/Turnkey Contract. Most of Employers, in this case the government institution or state owned enterprises in Indonesia, choose the EPC/Turnkey Contract with minimum understanding of the essence of the EPC/Turnkey Contract. Their reasons of choosing the EPC/Turnkey Contract was the "tied schedule" and the "higher certainty of cost". FIDIC EPC/Turnkey Contract based on the discussion in this paper, instead of fit the Employer's need only, the EPC/Turnkey Contract still give chance to the contractor to submit their claim (Clause 20) and even the price is fixed, payment could be made once the claim is accepted (Sub-Clause 17.4) means that additional to the contract price can be done. One of the important noteworthy thing is that if there is additional cost it should be "added to the contract price", while in the conventional contract it should be "included in the contract price", so the final price will be the same (Sub-Clause 14.1). Keyword: EPC/Turnkey Contract, tied schedule, higher certainty of cost, added, included.

Conflict and violence was the destructive reality that showed reduction and alienated of existence humanity. The essence of human being has destruction because dominance of egoism of people's without care value of victim community. Because of that condition, the basic need to create a culture of peace as constructive reality that connected relationship between all of people is urgently. On the level individual and group, the acceptance of "the other‐self" as him/herself has destroy the wall of differences which always be source of conflict and violence. The fusion identity "we" (ingroup) and "them" (outgroup) has establish common ingroup identity as "us" in recategorization process that contribution to reduction negative aspect seems like prejudice, discrimination and stereotype. This research involve four subject with age 20‐30 years old, genre as masculin and feminin, and they have a comprehensive science about pela tradition. Other informant like a King of negeri, Kapitan negeri and all of people also involve in this research. Qualitative method with ethno‐phenomenology approach is use in this research with observation and interview as method and procedure to collect data. The result of this research showed that culture of peace can be found in local wisdom as pela tradition. The basic idea in this tradition is a common identity "saudara/orang basudara" which has calling as "ela". Pscychological dynamics occur in this perspective because the word of "ela" to contain a constructive and positive meaning that arranged relation between the groups Rohomoni‐Tuhaha. Implementation of values the culture of peace has been seen in the behavioral "saudara pela" that mutual constructive, trust, respect. This fact could be found in Molluccas conflict at 1999‐2004, pela tradition can be the media reconciliation between two groups Moslem and Christian.

The style of building our constitutional legal system today is very varied, it has implications for the shifting functions and rights of the State organs including the State organs of the Republic of Indonesia House of Representatives. To understand the conception of the functions and rights of the organs of the Republic of Indonesia Representative Council (DPR RI), it is seen as two sides of a coin (two sides of one coin). The DPR RI's inquiry right is a supervision that must be carried out on policies implemented by the executive. The KPK is an organ that is within the executive family, because it carries out investigations, investigations and prosecutions of corruption cases, such as those carried out by the Prosecutors' Office and the Police. Thus if the KPK is referred to as part of the judiciary. The task of investigation, investigation and prosecution is the task of the executive, not the legislative and judiciary. In addition, the KPK has been an institution that uses the State budget, so it should be overseen by the DPR. if the DPR cannot exercise the right to question the KPK on the grounds of independence. The reason is, it is not right to refuse the right to question the KPK. With the decision of the Constitutional Court (MK) in the main essence of the decision which positions the KPK in institutions that are in the realm of power, the executive for carrying out the task of investigation, investigation and prosecution in corruption, which is actually the same as the authority of the police and prosecutors. The KPK is a state institution that is within the executive power cluster, so the KPK can be the object of using the DPR's questionnaire right as the people's representative who carries out the supervisory function. But the use of the questionnaire right by the DPR cannot be applied in the case that the KPK is carrying out its investigative, investigative and prosecution tasks. This means that the KPK cannot be carried out while the KPK is carrying out its duties. ; The style of building our constitutional legal system today is very varied, it has implications for the shifting functions and rights of the State organs including the State organs of the Republic of Indonesia House of Representatives. To understand the conception of the functions and rights of the organs of the Republic of Indonesia Representative Council (DPR RI), it is seen as two sides of a coin (two sides of one coin). The DPR RI's inquiry right is a supervision that must be carried out on policies implemented by the executive. The KPK is an organ that is within the executive family, because it carries out investigations, investigations and prosecutions of corruption cases, such as those carried out by the Prosecutors' Office and the Police. Thus if the KPK is referred to as part of the judiciary. The task of investigation, investigation and prosecution is the task of the executive, not the legislative and judiciary. In addition, the KPK has been an institution that uses the State budget, so it should be overseen by the DPR. if the DPR cannot exercise the right to question the KPK on the grounds of independence. The reason is, it is not right to refuse the right to question the KPK. With the decision of the Constitutional Court (MK) in the main essence of the decision which positions the KPK in institutions that are in the realm of power, the executive for carrying out the task of investigation, investigation and prosecution in corruption, which is actually the same as the authority of the police and prosecutors. The KPK is a state institution that is within the executive power cluster, so the KPK can be the object of using the DPR's questionnaire right as the people's representative who carries out the supervisory function. But the use of the questionnaire right by the DPR cannot be applied in the case that the KPK is carrying out its investigative, investigative and prosecution tasks. This means that the KPK cannot be carried out while the KPK is carrying out its duties.

Tujuan Penelitian yang ingin dicapai adalah untuk mengetahui urgensinya pembentukan peraturan daerah tentang majelis penyelesaian sengketa Pilkades di Wilayah Kabupaten Pohuwato, dan materi muatan tentang urgensi pembentukan peraturan daerah tentang majelis penyelesaian sengketa Pilkades di Wilayah Kabupaten Pohuwato. Penelitian ini meggunakan jenis Penelitian hukum normative, dengan menggunakan pendekatan undang-undang (statue approach); pendekatan historis (historical approach); pendekatan komparatif (comparative approach), dan pendekatan konseptual (conceptual approach). hasil Penelitian ini menujukkan bahwa; pertama, Urgensi pembentukan majelis penyelesaian perselisihan hasil pemilihan kepala desa di kabupaten pohuwato yang mengedepankan musyawarah sesuai asas otonomi asli desa ini harus diterapkan oleh pemerintah. Pada intinya dalam proses penyelesaian sengketa pilkades adalah lembaga mana yang berwenang untuk menyelesaikan sengketa tersebut tanpa ada campur tangan dari pihak ke tiga yaitu pemerintah daerah. Kedua, Terkait dengan materi muatan penting mengenai peraturan daerah tentang majelis penyelesaian sengketa pilkades di wilayah Kabupaten Pohuwato yang untuk diperhatikan dalam proses pelaksanan Pilkades yaitu; (1) Pada Tahap Pra Pemungutan Suara, (2) Pada Tahap Pemungutan Suara, (3) Paska Pilkades yang harus disesuaikan dengan ketentuan pembentukan peraturan perudang-undangan yang ada di UU. ; The research objectives to be achieved are to determine the urgency of establishing regional regulations regarding Pilkades dispute settlement assemblies in the Pohuwato Regency area, and content material on the urgency of forming regional regulations regarding Pilkades dispute resolution assemblies in the Pohuwato Regency Region. This research uses a type of normative legal research, using a statute approach (statue approach); historical approach (historical approach); a comparative approach (comparative approach), and a conceptual approach (conceptual approach). The results of this study indicate that; First, the urgency to form a dispute settlement assembly resulting from the election of village heads in the pohuwato district that prioritizes deliberation according to the principle of original village autonomy must be implemented by the government. In essence, the Pilkades dispute resolution process is which institution has the authority to resolve the dispute without interference from a third party, namely the regional government. Second, related to the important content of regional regulations regarding the Pilkades dispute settlement council in the Pohuwato Regency area which must be considered in the Pilkades implementation process, namely; (1) At the Pre-Voting Stage, (2) At the Voting Stage, (3) Post Pilkades which must be adjusted to the provisions of the formation of statutory regulations in the Act.

Sejak diberlakukannya UU Nomor 32 Tahun 2004 tentang Pemerintahan Daerah, kepala daerah dipilih langsung oleh rakyat melalui Pemilihan Kepala Daerah dan Wakil Kepala Daerah atau disingkat menjadi Pilkada.Pertimbangan penting pemilihan langsung untuk pengembangan demokrasi di Indonesia. (1) Pilkada langsung adalah jawaban atas tuntutan aspirasi rakyat (2) Pilkada langsung adalah realisasi Konstitusi dan UUD 1945. (3) Pilkada langsung adalah sarana belajar demokrasi untuk rakyat. (4) Pilkada langsung sebagai sarana untuk memperkuat otonomi daerah. (5) Pilkada langsung adalah alat penting untuk proses kader kepemimpinan nasional.Pemilihan langsung diharapkan membawa banyak manfaat bagi perkembangan demokrasi, pemerintahan lokal dan kinerja lembaga politik lokal.Setiap model pemilihan kepala daerah pasti memiliki kelebihan dan kekurangan, tetapi pada dasarnya, ketentuan pilkada langsung oleh rakyat atau tidak langsung oleh parlemen sama-sama demokratis dan konstitusional. Pemerintah telah berusaha memperbaiki dan memperbaiki sistem pemilu di Indonesia, untuk itu kita harus menghargai sebagai suatu proses yang akan terus disempurnakan sampai sebuah sistem ditemukan yang benar-benar ideal untuk bangsa Indonesia.Since the enactment of Law Number 32 Year 2004 regarding Regional Government, the regional head is elected directly by the people through the Election of Regional Head and Deputy Head of Region or abbreviated to Regional Head Election.Important consideration of direct elections for the development of democracy in Indonesia. (1) It's an answer to the demands of the people's aspirations (2) It's the realization of the Constitution and the 1945 Constitution. (3) It's a means of learning of democracy for the people. (4) It's as a means to strengthen regional autonomy. (5) It's an important tool for the process of national leadership cadre.Direct elections are expected to bring many benefits to the development of democracy, local governance and performance of local political institutions.Each model of the election of regional heads must have advantages and disadvantages, but in essence, the provisions of local elections directly by the people or indirectly by the parliament are equally democratic and constitutional. The government has tried to improve and improve the electoral system in Indonesia, For that we must be appreciate as a process that will be continuously perfected until a system is found that is truly ideal for the Indonesian nation.