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Political economy perspective of mining policy: a case study on rent seeking in clear and clean regulation of coal mining in indonesia (2009-2014)
Since the New Order era mining policy is strongly tended to be political for the fact that this sector is highly promising. The case on Clear and Clean mechanism was full of potency on rent-seeking with the modus of various regulation misuse. Every spot of rent-seeking in this case has provided different opportunity of manipulation. The Clear and Clean case also shown about the strength of central government against local government. The local government was considered as the party that resembles the business owner so it was their duty to save the asset. The strength of patron-client in clear and clean policy was mainly proven by the fact of the appearance of Individual triangle alliance as a broker. This also explained that woman and paranormal as third person was strongly very influential in lobbying between the interest business owners and bureucrates. The result of research also reconfirmed about the strength of patron-client model. This model was indicated by the existance of strength informal actors that penetrated the environment of formal bureaucracy. Strength of those informal actors was the main key of access business owner in the rent-seeking network and circle in different spots.
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Rational Choice Theory in the Scheme of Mining Shares Divestment Based on National Interest Protection
This paper is a revised version and an expanded version of the paper entitled 'Shares Divestment Scheme in Indonesian Mining Law'. Several cases of ICSID are cases of shares divestment, one of them is the Freeport case that offers divestment by giving the assumption of investment if the Government extends the Freeport Operational License until 2041. It violates determination of divestment share price as the value should be based on fair market price without calculating the amount of minerals. Shares divestment execution is often hampered by the determination of divestment shares' price. The purpose of the divestment arrangement was not achieved because of the price fixing issue which causes divestment failure or causes divestment delay, and the shares that were previously for the government eventually fell on private shareholders which might be owned by foreign parties. This paper is a legal research. It is intended to formulate a shares divestment scheme in the mining sector in Indonesia based on rational choice theory and public choice theory, which is expected to give a valuable contribution to the Government of the Republic of Indonesia as well as stakeholders and can be the ontological basis for laws and policies related to the investment and mining laws in Indonesia. The approaches which are used are the conceptual, statute, case and comparative approach. The primary legal materials that are used are legislation, international conventions and court decisions, while the secondary legal materials are in the form of literature and related materials.Key words: Investment law, mining law, national interest, rational choice theory, shares divestment.
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ANALISIS FENOMENA SOSIAL KUASA ELIT DI DUSUN JAMBU SLEMAN YOGYAKARTA
This research is to find out the basis of the power possessed so that the actors in sand mining are called elites. Besides that, it is also to find out the capacity of the elites and the relationship patterns that are run by these elites. The method used is an approach to collect data and analyze data, in the form of data collection through observation and interviews. While the data analysis uses the Miles and Huberman model, using phases, data reduction, data display, and conclusion drawing/verification. The results showed the elite stratification in sand mining in Jambu Hamlet, namely The Big Bourgeoisie/Upper Class consisting of land owners and equipment owners and local government at the highest level (provincial), The Petty Bourgeoise/ Middle Class consisting of Operators, Helpers, Managers, The foreman, the land owner community, the head of the coker group, the local government, the working class/lower class consisting of the coker and the community. However, judging from the capacity of the ruling elite, the existence of elite rulers is in the classification of the petty bourgeois ruling class or the middle class because managers as elite determinants and management decision making are extensions of entrepreneurs who have business interests. So that the pattern relationship shows the regularity of sand mining management which develops intensive communication between entrepreneurs and managers so that there is no visible conflict about results.
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UPAYA NON PENAL OLEH POLRES PADANG PARIAMAN DALAM RANGKA PENANGGULANGAN PENAMBANGAN GALIAN C ILEGAL DI KABUPATEN PADANG PARIAMAN
ABSTRACTBased on Law No. 4 of 2009 Article 1 Paragraph (7) related to mining business licenses.Many illegal mining companies do not have permission to operate in Padang PariamanRegency. The problems raised in this study are (1) What factors influence the number ofillegal C mining excavators in Padang Pariaman Regency? (2) How is the non-reasoningeffort by the Padang Pariaman Regional Police in overcoming the crime of illegal C miningexcavation in Padang Pariaman Regency? (3) What is the non-reasoning policy that shouldbe carried out by the Padang Pariaman Regional Police to overcome the mining of illegal Cexcavations in Padang Pariaman Regency? This study useed a sociolegalapproach. the dataused were primary data and secondary data, collected by means of interviews and documentstudies, analyzed qualitatively. The results of the study show that the factors that cause illegalmining are economic factors, the perpetrators want to avoid the obligations that have beendetermined, the difficulty of obtaining a Mining Business License, the lack of socialization oflaws and regulations, and weak law enforcement. Second; The non-reasoning efforts carriedout by the Police in overcoming illegal rock mining are preventive by carrying out patrols,raids, routine security operations and providing socialization to the public about theimportance of creating security and ways to overcome illegal mining by placing banners /pamphlets. Non-criminal policy towards illegal / illegal mining crimes is to actively involvethe Nagari government and customary institutions in policy making at the Nagari level todeal with illegal mining by making nagari regulations.
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TINJAUAN YURIDIS KEWAJIBAN DISVESTASI BAGI PERUSAHAAN ASING DALAM PENGELOLAAN PERTAMBANGAN DI INDONESIA
The mining divestment policy has 3 main key components. First, how much is thedivestment amount. Second, who can buy divested shares. Third, how much is the saleprice of the divested shares. The first element, the divestment requires that everyforeign-owned mining company divest a portion of the increased shares to thegovernment, BUMN or national private sector. (Government Regulation Number 1of 2017, concerning Amendments to Government Regulation Number 23 of 2010,concerning the Implementation of Mineral and Coal Mining Business Activities).The second element, regarding the divestment rules, determines who can buy(Permen ESDM No. 9 of 2017, concerning Procedures for Stock Divestment andMechanism for Determining the Price of Divestment Shares in Minerba MiningBusiness Activities).While the third element is the rule that determines the stock pricewhen it is sold, the share price offered to the Government is determined throughnegotiation. (Government Regulation No. 23 of 2010, concerning theImplementation of Mineral and Coal Mining Business Activities).Industrialdevelopments in the country are still difficult to do, including mining. According toArchandra Tahar, Deputy Minister of Energy and Mineral Resources (ESDM) thereare at least three factors inhibiting the development of the mining sector in Indonesia.These three factors are the problem of banking, technology and political interestrates.
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The Local Economy and Rural Development in Berambai Hamlet, East Kalimantan ; Ekonomi Lokal dan Pembangunan Pedesaan di Dusun Berambai, Kalimantan Timur
The role of the local economy gets eroded due to the inclusion of capitalization in rural areas. This research examines the coal mining industry's influence on the local economy's existence in Berambai Hamlet, Bukit Pariaman Village, Tenggarong Seberang Sub-district, Kutai Kartanegara Regency, East Kalimantan Province, Indonesia. This research uses qualitative research methods; meanwhile, data collection methods use field observation and in-depth interviews. Interviews were conducted in stages through a snowball sampling to strengthen the observations' results. The results show that the local economy and livelihood in Berambai Hamlet are under pressure and eroded due to coal mining activities. Livelihood products shrank drastically, especially fish and rice, due to mining waste polluting rivers and agricultural land conversion to mining areas. Furthermore, other sources of income from farmworkers are not enough to fulfill the needs. The government needs to protect their livelihoods as a driving force for the local economy by integrating nature-based life. The government needs to develop local economic potentials, such as tourism areas, crafts, and artworks. The government also needs to strengthen village institutions. It must be carried out together with mining companies seriously. Furthermore, the government needs to maintain the unity of rural spatial and spatial planning. ; Peran ekonomi lokal semakin terkikis akibat masuknya permodalan di pedesaan. Penelitian ini mengkaji pengaruh industri pertambangan batu bara terhadap eksistensi perekonomian lokal di Dusun Berambai, Desa Bukit Pariaman, Kecamatan Tenggarong Seberang, Kabupaten Kutai Kartanegara, Provinsi Kalimantan Utara, Indonesia. Penelitian ini menggunakan metode penelitian kualitatif; sedangkan metode pengumpulan datanya menggunakan observasi lapangan dan wawancara mendalam. Wawancara dilakukan secara bertahap melalui snowball sampling. Hasil penelitian menunjukkan bahwa perekonomian dan mata pencaharian masyarakat di Dusun Berambai mengalami tekanan dan tergerus akibat kegiatan penambangan batu bara. Produk mata pencaharian menyusut drastis, terutama ikan dan beras akibat limbah tambang mencemari sungai dan perubahan lahan pertanian menjadi area pertambangan. Selain itu, sumber pendapatan lain dari buruh tani tidak cukup untuk memenuhi kebutuhan. Pemerintah perlu melindungi mata pencaharian mereka sebagai penggerak ekonomi lokal dengan mengintegrasikan kehidupan berbasis alam. Pemerintah perlu mengembangkan potensi ekonomi lokal, seperti kawasan pariwisata, kerajinan, dan karya seni. Pemerintah juga perlu memperkuat kelembagaan desa. Ini harus dilakukan bersama dengan perusahaan tambang secara serius. Selanjutnya, pemerintah perlu menjaga kesatuan tata ruang desa dan perencanaan tata ruang.
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ANALISIS SISTEM DAN METODE PENGUMPULAN ZAKAT PENGHASILAN APARATUR SIPIL NEGARA PADA BAZNAS BANYUMAS
BPS data on March 2019 shows that poor people in Indonesia reached 25,14 million. It means that there are so many Indonesian people still have not got a decent life both economically and socially. Indonesia is the country with the largest Muslim population, so one of the solutions to overcome the poverty is to encourage zakat intensively. Since 2018, Indonesian government planned to issue the presidential decree about the income zakat collection of 2,5 percent for muslim civil servants. In Banyumas, this regulation has been applied since August 2018, after the circular letter No.159/BP.BAZNASBMS/VII/2018 released on July 9th 2018 from BAZNAS Banyumas that contains an appeal for civil servants to pay zakat when their income has reached a certain nishab according to the Decision of Head of BAZNAS No. KEP.016/BP/BAZNAS/ XII/2015. In that decision stated that the value of nishab income is considered the same with the agricultural yields that has a three months farming period so the value of nishab is divided by three. That statement is not in line with MUI Fatwa No.3 of 2003 which is using gold nishab. Moreover, that Decision has been updated into Decision of Head of BAZNAS No. 73 of 2017 that set the value of nishab equals to 85 grams of gold, so the Decision of Head of BAZNAS No. KEP.016/BP/BAZNAS/XII/2015 was revoked and no longer enforceable. The study aims to analyze the nishab rules of zakat which is used and understood by MUI, regional governments, BAZNAS, UPZ, and civil servants and also to understand the application of the 8th Zakah Core Principles about Good Amil Governance. This research used qualitative method to analyze further about system and method of income zakat collection that applied to zakat payers in Banyumas Regency. The results showed the inconsistency between the established Baznas Banyumas rules with both Central Baznas rules and MUI Fatwa, and Baznas Banyumas just relies on the Regulation of Minister of Religious Affairs. This appeal must be reviewed immediately with Central BAZNAS and MUI ...
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ANALISIS SISTEM DAN METODE PENGUMPULAN ZAKAT PENGHASILAN APARATUR SIPIL NEGARA PADA BAZNAS BANYUMAS
BPS data on March 2019 shows that poor people in Indonesia reached 25,14 million. It means that there are so many Indonesian people still have not got a decent life both economically and socially. Indonesia is the country with the largest Muslim population, so one of the solutions to overcome the poverty is to encourage zakat intensively. Since 2018, Indonesian government planned to issue the presidential decree about the income zakat collection of 2,5 percent for muslim civil servants. In Banyumas, this regulation has been applied since August 2018, after the circular letter No.159/BP.BAZNASBMS/VII/2018 released on July 9th 2018 from BAZNAS Banyumas that contains an appeal for civil servants to pay zakat when their income has reached a certain nishab according to the Decision of Head of BAZNAS No. KEP.016/BP/BAZNAS/ XII/2015. In that decision stated that the value of nishab income is considered the same with the agricultural yields that has a three months farming period so the value of nishab is divided by three. That statement is not in line with MUI Fatwa No.3 of 2003 which is using gold nishab. Moreover, that Decision has been updated into Decision of Head of BAZNAS No. 73 of 2017 that set the value of nishab equals to 85 grams of gold, so the Decision of Head of BAZNAS No. KEP.016/BP/BAZNAS/XII/2015 was revoked and no longer enforceable. The study aims to analyze the nishab rules of zakat which is used and understood by MUI, regional governments, BAZNAS, UPZ, and civil servants and also to understand the application of the 8th Zakah Core Principles about Good Amil Governance. This research used qualitative method to analyze further about system and method of income zakat collection that applied to zakat payers in Banyumas Regency. The results showed the inconsistency between the established Baznas Banyumas rules with both Central Baznas rules and MUI Fatwa, and Baznas Banyumas just relies on the Regulation of Minister of Religious Affairs. This appeal must be reviewed immediately with Central BAZNAS and MUI and then informed to all related parties so that they have sharia-compliant understanding about zakat.
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Gambaran Angka Peroksida Pada Minyak Jelantah di Warung Penyetan Wilayah Mancasan Yogyakarta
The frying pan thermal-kimia was a process that produces characteristic of food with the brown colour of golden. One of the parameters of the decline in quality cooking oil is the number of peroxide. During the frying pan, cooking oil will suffer at high temperatures warning 160-1800C in long time. The main damage is the emergence of a rancid scent while damage other covering elevated levels of free fatty acid, the peroxide, thickness the emergence of oil, the establishment of foam and the dirt on seasoning of material that fried. Based on cooking oil used in a penyetan stall is generally of cooking oil used repeatedly. The use of oil can improve the former repeatedly peroxide in the cooking oil. Research objectives is to know the image of the peroxide on a former oil in a penyetan stall areas Mancasan Yogyakarta. This research is descriptive research. Laboratory test to research is iodometry method. A penyetan stall to research this a total of eight-penyetan stall located in the Mancasan Yogyakarta. Research conducted on eight a penyetan stall areas Mancasan in Yogyakarta obtained the number of the peroxide of 1,10 meq/kg until 5,74 meq/kg. From the result of research conducted on a penyetan stall there are 62.5% penyetan stall peroksida number exceeding the limit of standards and 37,5% still within the limits of cooking oil according to quality standard SNI 7709:2012.Keywords: cooking oil former, number of peroxide
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Conflict Resolution in Coastal Resource Utilization among Fishermen and Unconventional Tin Miners ; Resolusi Konflik Pemanfaatan Sumberdaya Pesisir antara Nelayan dengan Penambang Timah Inkonvensional
Coastal as an open-access resource has the potential to cause conflict with spatial use. This research aims to analyze the conflict in the utilization of coastal resources among fishermen and unconventional tin miners. This research used a survey research method with qualitative descriptive research, including income analysis, employment opportunities, education, and health. Respondents in this research were fishermen and unconventional tin miners in Bangka Tengah district, including Batu Belubang village - Pangkalan Baru sub-district, Kurau village - Koba sub-district, and Baskara Bhakti village - Namang sub-district. Data collection using methods through observation, interviews, and documentation. Conflicts are analyzed through a stakeholder analysis approach with an onion analysis approach. The results showed that there were four main issues triggering conflict: 1) environmental issues; 2) social issues; 3) law violation issues; 4) economic issues. Conflict resolution that is collaborative with a negotiation approach that combines elements of the user community (fishing groups and unconventional miners) and the government known as Co-Management which avoids the excessive dominant role of one party in the management of coastal and marine resources, including equitable division of territory between fishing and mining areas, with reference to coastal and marine spatial regulations in the Bangka Belitung Islands Province, Indonesia. ; Pesisir sebagai sumberdaya open-access berpotensi menimbulkan konflik pemanfaatan ruang. Penelitian ini bertujuan menganalisis konflik pemanfaatan sumberdaya pesisir antara nelayan dengan penambang timah inkonvensional. Penelitian ini menggunakan metode penelitian survei dengan jenis penelitian deskriptif kualitatif, meliputi análisis pendapatan, kesempatan kerja, pendidikan, dan kesehatan. Responden dalam penelitian ini adalah nelayan dan penambang timah inkonvensional di Kabupaten Bangka Tengah, meliputi Desa Batu Belubang Kecamatan Pangkalan Baru, Desa Kurau Kecamatan Koba dan Desa Baskara Bhakti Kecamatan Namang. Pengumpulan data menggunakan metode melalui observasi, wawancara, dan dokumentasi. Konflik dianalisis melalui pendekatan analisis stakeholder dengan pendekatan analisis bawang bombay. Hasil penelitian menunjukkan bahwa terdapat empat isu utama pemicu timbulnya konflik: 1) isu lingkungan; 2) isu sosial; 3) isu pelanggaran hukum; dan 4) isu ekonomi. Resolusi konflik yakni kolaboratif dengan pendekatan negosiasi yang memadukan antara unsur masyarakat pengguna (kelompok nelayan dan penambang inkonvensional) dan pemerintah yang dikenal dengan Co-management yang menghindari peran dominan yang berlebihan dari satu pihak dalam pengelolaan sumberdaya pesisir dan laut, diantaranya pembagian wilayah secara adil antara area penangkapan ikan dan tambang, dengan mengacu pada peraturan tata ruang pesisir dan laut di Provinsi Kepulauan Bangka Belitung, Indonesia.
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