Abstract: The issues related to political dowry are interminable. This interminability is the result of an indication of political dowry every time a general election or local election is held. Based on that background, this article describes the political dowry's detailed problems. In the beginning, the writer describes the definition of political dowry and its differences from political cost, the reasons for the restrictions, and the law enforcement on political dowry. It ended with some efforts to prevent political dowry.It is found that the definition of political dowry is different from political cost. The regulations restrict the practice of political dowry, but not for the political cost. The political dowry is restricted by law because it is against the national law's interest, which is the interest to have qualified and fair general elections and local elections. Heretofore, there is no legal punishment for the practice of political dowry due to the difficulty to prove the practice. There are some efforts to prevent the practice of political dowry: First, giving intensive supervision from The General Election Supervisory Agency (Bawaslu) and its subdivisions; Second, revising the regulations in the Law of the Local elections for nominating the candidates; Third, revising the regulations in the law of political parties for nominating the candidates of the president and local government; Fourth, assigning the time limitation for the political parties to accept the political cost; and Fifth, enhancing the legal awareness of all parties involving in the practice of general elections or local elections.
This study aims to investigate the position of the DGT's Civil Servant Investigator in relation to their duty to enforce taxation criminal. The law enforcement of taxation criminal in Indonesia is involving several institution like Civil Servant Investigator (Directorate General of Taxes Institution), Police Investigator (Indonesian Police Institution), and Attorney Investigator (Attorney Institution). This involving, which lately leads to the position and authority problem of each institution. This study will be focused on the position of civil servant investigator of Directorate General of Tax and its relation with other party like Supervisory Coordinator which occupied by police investigator, and also other investigator from another institution. The method which is used in this study is normative juridical approach with analytical descriptive specification. Based on that method, then the researcher will compare between the position of DGT's Civil Servant Investigator 'in legislation' and 'in its practice' through library study and field research. The researcher carry out this research based on the researcher's consideration about the importance of state income from the taxation sector, so that the unlawful act that detrimental from the taxpayer and any related party of it can be eradicated immediately. The results shows that the position of the DGT Civil Servant Investigator in the framework of eradicating taxation criminal was emphasized as the primary investigator. This position is based on Law No. 16 of 2009 as lex specialis derogat legi generalis against Law No. 8 of 1981. Based on this position, there some friction that occurs between the DGT Civil Servant Investigator and other officer from another institution. For example, the DGT Civil Servant Investigator of the West Sumatra-Jambi Regional Office, which was designated as a suspect by the Police investigator, and the Mobile 8 tax restitution was handled by the Attorney Investigator. One of the factors that causing the friction is the difference in ...
The issue of political dowry, relatively, becomes a sustainable warning of problems in every general election in Indonesia. Such as the issue of Sandiaga Uno, who provided political dowry in the 2019 presidential election. The allegation was started by the Deputy of General-secretary of the Party of Democrat, Andi Arief, who stated that Sandiaga Uno had provided 500 billion rupiahs to PAN and PKS respectively so that those two parties would support him to nominate as the Candidate of Vice President for Prabowo Subianto. Political dowry has been a serious issue and almost constantly becomes an interesting topic to be reported and studied in every general election. Although it is popular, the issue of political dowry is a case that is relatively difficult to prove its truth (court decisions). In fact, explicitly, political dowry has been regulated in Article 228 on Law Number 7 of 2017 concerning the General Election (Election Law). However, it does not expressly provide a deterrent effect to the political dowry actors. This reality becomes the basis of encouragement in conducting this research. The theory used in this research is legal politics and law enforcement. While the method used is normative legal research with a statutory, conceptual, and comparative approach. The output of this paper is that the handling of political dowry cases in the presidential election needs a serious concern. And then, the regulation on sanctions, which still be administrative in nature, against the actors of political dowry in the Election Law is considered to be inappropriate. So that criminal policy is needed to strengthen the law enforcement and strict legal instruments against criminal acts of political dowry in the future election (ius constituendum).
This study aims to describe the implementation of compliance strategies in revenue agencies using the compliance model approach to improve advertising tax compliance. The research data were collected by interview, observation and document collection. This research is a descriptive qualitative research with a case study approach. Data analysis was performed using qualitative techniques, consisted of 3 stages, namely data reduction, data display, and conclusion drawing. The results of the study provide empirical evidence that compliance strategy with a compliance model approach that is implemented comprehensively and adequately can increase taxpayer compliance. The strategy implemented includes providing ease of compliance, providing assistance to comply, taking deter by detection and use full force of the law. Its combines effective prevention strategies and credible enforcement, making easier for taxpayers who are committed to comply and take firm action against taxpayers who do not comply. Implementation of compliance strategy requires support of facilities and infrastructure, competent human resources, tax authorities commitment, laws and regulations as a basis for implementation and support from other agencies in law enforcement efforts. The results of this study can become a reference for policy makers in developing future compliance strategies to achieve voluntary compliance in a sustainable manner.
In order to carry out the crime prevention and control policy, there are two ways thatcan be carried out, namely the use of penal facilities or criminal (legal) sanctions,and the use of other facilities (nonpenal). Thus the use of criminal (legal) sanctions isone of the policies in criminal politics, which in this case is not a means that occupiesa strategic position and causes many problems. Moreover, if it is associated with theuse of criminal sanctions to achieve the purpose of prevention as one of the premise ofabolitionist understanding. As a means of law enforcement policy in order to controlcrime, the use of criminal (legal) sanctions is not an absolute. Even if it will be used,then the problem is the policy of its use must be rational by paying attention to thehumanistic approach and social interests that contain certain values that need to beprotected. As a criminal policy, the extreme attitude to eliminate criminal (legal)sanctions is not a policy step. Because what needs to be done in policies to controland overcome crime is an integrated approach between penal and non-formalpolicies. This non-formal activity occupies a key and strategic position that must beintensified and streamlined in controlling and overcoming crime, not eliminatingcriminal law.
This study aims to determine the implementation of the self-assessment system, determine the compliance of individual taxpayers, and find out how much influence the self-assessment system has on individual taxpayer compliance. The method used in this research is the descriptive analysis method. The technique used in collecting data is done through a questionnaire with 32 respondents as KPP Pratama employees in Bandung. The data analysis technique carries out through descriptive analysis and verification analysis. The study results found that the self-assessment system was in the relatively good category with an average score of 3.14 and for individual taxpayer compliance was in the relatively good category with an average score of 3.06. Then the self-assessment system is said to be adequate in increasing individual taxpayer compliance, proven to affect individual taxpayer compliance by 46.0%. In comparison, the remaining 54.0% influence by other factors not examined in this study, such as the administrative system's condition, taxation, services to taxpayers, tax law enforcement, tax rates, and so on. Thus it can be concluded that there is an effect of the self-assessment system on individual taxpayer compliance.
Journey of the indonesia cannot be separated from the whose name corruption, various problems corruption then make a nation it tries to with very hard to do the eradication of corruption, then now kpk, the commission would grow up and incarnate as a power terlembaga, however kpk but many that blocks, so that his movement often in politician, in addition problems arise related the area of that causes limited kpk in running tasks and functions. Then institutions here needed in regions have motion based in society to be opposition from government in the fight against corruption the , one of which is unfortunate corruptions watch that is unfortunate highway , to attract football to scrutinize about lunge mcw as of a motion social , this research use the model descriptive qualitative , with data source of interviews and documentation. MCW is non-governmental organizations which has grown and developed social as of a motion that which appears or present of former activist in the era of reformasi, mcw use 3 strategies in efforts to eradicate corruption namely, prevention, law enforcement, anti-corruption education.
Abstract Completion of the armed conflict in both the legal and political framework set in customary international law and the Hague Convention I of 1899 and 1907 on the peaceful resolution of disputes, as well as the Charter of the United Nations. Mechanisms for resolving armed conflicts as well as measures to prevent the emergence of armed conflict refers to the two methods of dispute resolution, the peaceful resolution of disputes and the settlement of disputes by force or violence. Patterns in the context of conflict resolution approach more focused on the efforts of early stage to prevent the emergence of armed-conflict. Such efforts can be done with diplomacy and political mediation efforts by involving the various parties that are considered to be actors of peace. While humanitarian law in the context of normative law enforcement efforts imprinted on the situation of the ongoing war, one of its forms through foreign intervention in the ongoing armed conflict itself. In the present context of the humanitarian intervention of humanitarian law known as the Responsibility to Protect (R to P). In addition through the UN mechanism for the continuous efforts of the international community to prevent the emergence of armed conflict also involving a number of other actors who can be considered a partner for peace. One of them involving specific groups that can be considered a party to break the chain of armed conflict itself. One of them is through the mechanism of the Kimberley Process.
Permasalahan perturan perundang-undangan di Indonesia adalah inkonsistensi, disharmoni dan over regulasi. Kualitas peraturan perundang-undangan yang tidak baik, dihadapkan pada ketiadaan sistem yang dapat merespon dengan cepat kondisi tersebut. Reformasi regulasi sebagai upaya perubahan radikal dan berpengaruh cepat diharapkan menjadi langkah yang dapat ditempuh untuk memperbaiki sistem peraturan perundang-undangan di Indonesia. Upaya perbaikan dalam sistem perundang-undangan telah diupayakan dari TAP MPRS Nomor XX/MPRS/1966, TAP MPRS Nomor III/MPR/2000, Undang-Undang Nomor 10 Tahun 2004 tentang Pembentukan Peraturan Perundang-Undangan dan Undang-Undang Nomor 12 Tahun 2011 tentang Pembentukan Peraturan Perundang-Undangan. Namun belum menampakkan hasil yang memuaskan. Persoalan kualitas peraturan perundang-undangan beserta sistemnya masih menimbulkan permasalahan dalam mendukung perbaikan di berbagai sektor.The problem of law enforcement in Indonesia is inconsistency, disharmony and over regulation. The quality of legislation is not good, faced with the absence of a system that can respond quickly to these conditions. Regulatory reform as an effort to change radical and fast influences is expected to be a step that can be taken to improve the system of legislation in Indonesia. Efforts to improve the system of legislation have been sought from TAP MPRS Number XX / MPRS / 1966, TAP MPRS Number III / MPR / 2000, Law Number 10 Year 2004 concerning Establishment of Legislation and Law Number 12 Year 2011 concerning Establishment of Legislation Regulations. But it has not shown satisfactory results. The issue of the quality of legislation and its systems still causes problems in supporting improvements in various sectors.
Abstract : Domestic violence is a human problem, because in it there is a dimension of human rights violations. Law No. 23 of 2004 on the Elimination of Domestic Violence are limitative have determined the distribution of the roles of each stakeholder in handling domestic violence cases. Stakeholders involved include the government as a representation of the state, NGOs, families, advocates, law enforcement officers, medical workers and clergy personnel. The number of stakeholders involved in the handling of domestic violence menginditifikasikan that domestic violence is a serious human rights crimes. Porposional division of roles between the state and the non-state institutions in the handling of domestic violence shows these regulations relevant to the concept of civil society in Indonesia.Abstrak : Kekerasan dalam rumah tangga adalah persoalan kemanusiaan, karena di dalamnya berdimensi pelanggaran hak asasi manusia. Undang-Undang Nomor 23 Tahun 2004 tentang Penghapusan Kekerasan Dalam Rumah Tangga, telah menentukan distribusi peran masing-masing pemangku kepentingan dalam menangani kasus-kasus kekerasan dalam rumah tangga. Pemangku kepentingan yang terlibat termasuk pemerintah sebagai representasi negara, LSM, keluarga, advokat, aparat penegak hukum, tenaga medis dan rohaniawan. Jumlah pemangku kepentingan yang terlibat dalam penanganan kekerasan dalam rumah tangga mengindetifikasikan bahwa kekerasan dalam rumah tangga adalah kejahatan hak asasi manusia. Pembagian porposional peran antara negara dan lembagalembaga non-pemerintah dalam penanganan kekerasan dalam rumah tangga menunjukkan peraturan hukum tersebut relevan dengan konsep masyarakat madani di Indonesia.
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.
Selain memiliki dimensi sosial ekonomi, konflik agraria di Bongkoran, Kabupaten Banyuwangi, Provinsi Jawa Timur, Indonesia, juga memiliki dimensi hukum. Terdapat dualisme hukum yang konfliktual dalam hal penguasaan tanah dan klaim penggunaan. Satu pihak, pemerintah, dan korporasi mengandalkan hukum negara yang legalistik-positivistik, sedangkan masyarakat lokal mengandalkan hukum rakyat yaitu hukum informal yang sudah ada, hidup, dan berkembang dalam masyarakat komunal secara turun-temurun. Penelitian ini berfokus pada bagaimana perspektif sosiologis hukum menganalisis konflik hukum yang terjadi dalam konflik agraria Bongkoran, khususnya antara hukum negara dan hukum rakyat. Penelitian ini menggunakan metode kualitatif dengan perspektif sosiologi hukum. Subjek penelitian adalah petani/masyarakat Bongkoran, Penasehat Hukum Masyarakat, Pemerintah (Pemerintah Daerah, Badan Pertanahan Nasional, dan Kepolisian), dan unsur korporasi (PT Wongsorejo). Informan dipilih dengan menggunakan teknik purposive sampling, berdasarkan pertimbangan tertentu yang dapat dikenali terlebih dahulu yaitu mengenali dan memahami masalah yang diteliti. Pengumpulan data dilakukan melalui observasi, wawancara mendalam, dan dokumentasi. Data yang terkumpul dianalisis secara kualitatif dengan mengacu pada perspektif yang telah disajikan. Hasil penelitian menunjukkan bahwa penyelesaian konflik agraria di Bongkoran memerlukan implementasi hukum yang lebih berkeadilan bagi masyarakat lokal. Implementasi hukum tidak hanya berdasarkan pasal-pasal yang rigid dalam undang-undang, tetapi perlu memperhatikan konteks sosial budaya dan historis dari masyarakat. Dominasi hukum negara atas hukum rakyat dalam konflik agraria mengakibatkan praktik penundukan hukum negara ke hukum rakyat, baik secara persuasif maupun represif. Oleh karena itu, untuk meminimalisir ketegangan dan konflik antara hukum negara dan hukum rakyat dalam konflik agraria, diperlukan pemahaman baru tentang hubungan kedua hukum tersebut. Keberadaan dan penegakan hukum rakyat dijadikan sebagai elemen yang saling melengkapi dalam aspek normatif yang belum diatur dalam hukum negara. ; Apart from having a socio-economic dimension, agrarian conflicts in Bongkoran, Banyuwangi Regency, East Java Province, Indonesia, also have a legal dimension. There is a dualism of law that is conflictual in terms of land tenure and use claims. One party, the government, and corporations rely on legalistic-positivistic state laws, while local people rely on folk law, namely informal laws that have existed, lived, and developed in communal society for generations. This research focuses on how the sociological perspective of law analyzes the legal conflicts that occur in Bongkoran agrarian conflict, particularly between state law and folk law. This research used a qualitative method with a legal sociology perspective. The research subjects were farmers/people of Bongkoran, Community Legal Advisors (CLA), Government (Local Government, National Land Agency, and Police), and corporate elements (PT Wongsorejo). Informants were selected using a purposive sampling technique, based on certain considerations that can be recognized beforehand, namely recognizing and understanding the problem under this research. Data collection was conducted through observation, in-depth interviews, and documentation. The collected data were analyzed qualitatively by referring to the perspectives that have been presented. The results indicated that the resolution of agrarian conflicts in Bongkoran requires the implementation of laws that are more just for local communities. The implementation of the laws is not only based on rigid articles in the law, but it needs attention to the socio-cultural and historical context of the community. The dominance of state law over folk law in agrarian conflicts results in the practice of subjugation of state law to folk law, both persuasively and repressively. Therefore, to minimize the tension and conflict between state law and folk law in agrarian conflicts, it is necessary to have a new understanding of the relationship between the two laws. The existence and enforcement of folk law are used as a complementary element in normative aspects that have not been regulated in state law.
Corruption is a crime against humanity which is classified as an extraordinary crime. The reform movement that took place in 1998 was motivated by public distrust of the ruling government at that time which was thought to be full of collusion, corruption and nepotism (KKN). After the government in power at that time fell, it was followed by a reformation government. One of the agendas of the reform government is the Eradication of Collusion, Corruption and Nepotism (KKN). Various efforts have been made by the government in preventing and eradicating corruption but corruption is still growing. In the midst of rampant corruption committed by public officials, who in fact mostly come from Political Party cadres, it is only natural for political parties (Parpol) to take responsibility and play a role in anti-corruption measures. Through this paper the author tries to look at the factors behind public officials committing acts of corruption, most of which are thought to come from political party cadres (parpol) and see the role of political parties in the prevention and eradication of corruption.From the above discussion, it can be concluded that all efforts and actions through various approaches have been made by law enforcement officials to prevent and eradicate corruption that has been running for years in this country. The responsibility of political parties (parpol) can be started from the recruitment of party cadres before being distributed to various public positions in the government. Political parties are also responsible for cadres who are involved in criminal acts of corruption by not obstructing law enforcers in the investigation and investigation process carried out.Keywords: Political parties, prevention and eradication of corruption.
