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MERAWAT DEMOKRASI
Abstract The idea of democracy dates back to ancient Greece in the 4th century BC, the City State implemented a Democracy system that involved the community in making political decisions, where the area of the city was actually small and the population was entitled to vote for approximately 300 thousand people. Montesquieu set up a system that can guarantee the political rights of the people (trias politica), which is a system of separation of powers within the state into legislative, executive and judicial powers, each held by a different person.Democracy as a system has been used as an alternative in various social and state activities in several countries. There are two reasons for choosing democracy as a social and state system.First, almost all countries in the world have made democracy a fundamental principle. Secondly, democracy as a principle of state has essentially provided direction for the role of the community to organize the State as its highest organization. Therefore, true knowledge and understanding of citizens is needed about democracy.Carrying out democracy means straightening the intention to uphold the rights of others in opinion and accepting a different opinion or view in public requires common sense, because only by activating common sense can the potential to arrive at a substantial democracy will be realized.A democracy can be said to fail if it experiences a deadlock or stagnation in the process. Maintaining or caring for democracy in a country is not easy. There are a number of things that need to be considered so that the political order of a country's democracy remains on track, namely in accordance with the rule of law and the constitution and democratic values.
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DUTY AND AUTHORITY OF ELECTORAL COMMISSIONS IN INCREASING POLITICAL PARTICIPATION KERINCI REGENCY COMMUNITY
Abstract This research was motivated by the problem faced of KPU Kerinci regency in carried out their duties and authority. It was characterized by the lack of neutrality of the committee organizer the implementation of the sub-district (PPK) and the voting committee (PPS), the lack of enthusiasm in the society and the number of people who choosw not registered in the voters list (DPT). This research aims: 1) To describe the socialization given by KPU Kerinci regency in the implementation of local election. 2) To describe the action taken by the KPU Kerinci regency in order the regent and vice-regent candidate act accordance with the rule that have been socialized. 3) To describe how to the sanction given by the Kerinci regency to candidate who violate the rule. This research was descriptive qualitative. The instruments used were interview, questionnaire and documentation. These result indicate that 83% of people stated that the Kerinci regency has been implement the socialization maximally. The action taken by the KPU Kerinci regency to candidate regent and vice-regent to act according to the rule was provide socialization to a pair of candidates on election rules. The sanction given by the KPU Kerinci regency in observed the regent candidate pairs and representative who violate the rule given in the form of administrative sanction.Keywords: Authority, KPU, Political Participation
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Hak Syuf'ah dalam Akad Musyarakah Mutanaqishah
Musyarakah Mutanaqishah is one of akad which has minor risk compared to the other akad that is commonly implemented by sharia banking. In Musyarakah Mutanaqisah contract of cooperation Musyarakah Mutanaqishah can be done in various commercial business activities, with the form of business that is shariah compliant, among others; the principle of buying and selling, and renting rent. The important point is to be aware of that Musyarakah Mutanaqisah creates ownership in the form of a stationary asset, the parties in the union are not allowed to sell the portion of the assets owned to the other party outside the union without permission from other members of the union. Because, when members of the union sell their portions to the outside of the Union, there is a right to the members of the long-standing member of the assets that have been purchased by new members of the union. When the rights of Syuf'ah are applied, there is a worry that the parties are harmed. Based on this background, the author examines the right of Syuf'ah in Musyarakah Mutanaqishah contract. Based on the results of the study of the rules of agreement Musyarakah Mutanaqishah, based on theories and the rules of Dewan Syariah Nasional-Majelis Ulama Indonesia do not discuss the rules regarding the prohibition of parties in the union move or sell to other parties outside the union. But the implementation of this agreement on Sharia banking, the Otoritas Jasa Keuangan regulates the standard application of Musyarakah Mutanaqisah product. In the standard book the application of musyarakah Mutanaqishah products, arranged in relation to Negative Covenant clause. In drafting a financing agreement contract with the Musyarakah Mutanaqisah scheme, the bank should bind customer not to divert and surrender the portion of the customer's ownership to the other party, either in whole or in part. The author hopes the rule of application of this agreement is also noticed by other financial institutions, especially non-bank financial institutions in its transaction also implementing Musyarakah Mutanaqisah contract.
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MEMBANGUN KELEMBAGAAN PENYEDIAAN INFORMASI PUBLIK DESA DALAM RANGKA MENJAMIN PENUHAN HAK KONSTITUSIONAL MASYARAKAT DESA Di KABUPATEN SERANG
The discussion of public information disclosure in the village in the midst of a paradigm shift from goverment to governance is very interesting indeed. This places the strategic position of the village community not only as an object of service and development but also as a subject of development in the village. Various facts show that the village has not become a major concern in the development of information disclosure. This research is a descriptive research with a qualitative approach. The required information is collected using narrative interviews, observation and literature study. Informants from the study were determined purposively using snowball sampling. In this article, the four levels of the Williamson model are used to analyze it. The results show that the development of public information institutions in the village in Serang Regency at the macro and micro levels has not supported the realization of information disclosure in the village. It can be seen at level one that various informal rules in the form of traditions, norms and habits that live in rural communities are not yet compatible in supporting the formal rules of information disclosure. At the second level, there has not been any recognition and awareness of either the public or public organizations to fulfill the public's rights regarding the disclosure of public information. At the third level, the institutional governance of public information disclosure has not been developed effectively to be able to minimize transaction costs. At the fourth level, the systematization of rules related to authority, organization, administration, human resources, finance, hierarchical relations, supervision, as well as work procedures and mechanisms need attention.
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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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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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PENGGUNAAN DISKRESI DALAM BIROKRASI PEMERINTAHAN
Governance reforms should be coupled with a passion for bureaucratic reform. Good Governance must be done in an effective, clean and efficient so as to ensure the welfare and freedom of the life of the nation. The development dynamics of community life must be balanced with the development tingkal laws to regulate behavior in public life. The institutional and system rules experiencing rapid changes that aim to serve the needs of the community with excellent service then takes the free will / discretionary / Freis Emmersen owned by officials of state administration in implementing the government. Modern legal system of the country familiar with the term discretionary / Freies ermessen the free will which is owned by officials of state administration which can be used in certain circumstances. The use of discretion in the administration of government by officials of the state administration should pay attention to the rules of law that is in accordance with the intended use of such discretion is not contrary to the provisions of the legislation, based on the General Principles of Good Governance (Good Governance Principles), based on objective reasons, does not give rise to a conflict of interest; and based on good faith towards the ideals of the nation and state in the preamble of the 1945 Constitution.
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PENGGUNAAN DISKRESI DALAM BIROKRASI PEMERINTAHAN
Governance reforms should be coupled with a passion for bureaucratic reform. Good Governance must be done in an effective, clean and efficient so as to ensure the welfare and freedom of the life of the nation. The development dynamics of community life must be balanced with the development tingkal laws to regulate behavior in public life. The institutional and system rules experiencing rapid changes that aim to serve the needs of the community with excellent service then takes the free will / discretionary / Freis Emmersen owned by officials of state administration in implementing the government. Modern legal system of the country familiar with the term discretionary / Freies ermessen the free will which is owned by officials of state administration which can be used in certain circumstances. The use of discretion in the administration of government by officials of the state administration should pay attention to the rules of law that is in accordance with the intended use of such discretion is not contrary to the provisions of the legislation, based on the General Principles of Good Governance (Good Governance Principles), based on objective reasons, does not give rise to a conflict of interest; and based on good faith towards the ideals of the nation and state in the preamble of the 1945 Constitution.
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The Nexus between State Liability Principle and WTO Law
There are two functions of the state liability principle. The first is to secure individual rights (including economic rights) from a wrongful act conducted by a government, and the second is to compensate for damage caused by the infringement of individual right. Economic right is inherently allowing an individual to pursue economic interest both domestically or globally. In order to accommodate this right, a government is obliged to provide trade rules and mechanisms for every individual to conduct their global economic activities by participating in the WTO. The objective of the WTO significantly corresponds to the individual's right in order to obtain trade benefits. Hence, when a government infringes trade rules and mechanisms underlined in WTO Law, it will directly restrict individuals from gaining trade benefits under the WTO or, moreover, it will restrain individuals from enjoying their inviolable economic rights. When the right is violated, and the damage occurs, it thus leads to the obligation for the government to compensate the damage according to the state liability principle. This article discusses the nexus between the state liability principle and WTO Law, in order to encourage national courts to exercise the function of state liability by referring to the infringement of economic rights caused by the violation of WTO Law.
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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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KONSEP MAJLIS SYURA MENURUT PEMIKIRAN KHAIRUDDIN AL-TUNISI
This paper discusses the concept of majlis shura according to Khairuddin's thought. He is a military, bureaucrat, and is well known for his social and political progress in Tunisia and as one of the most important intellectuals in the discourse of contemporary Arab thought. His famous book is Aqwam al-Masalik fi Ma'rifat Ahwal al-Mamalik. The discussion of the concept of majlis shura developed by Khairuddin in this paper refers to that book. Finally, this paper finds thatmajlis shura according to Khairuddin's thought is based on the premise that unlimited power tends to be abused although it is undeniable that there is an absolute ruler doing good for the country and his/her people. In addition, for Khairuddin, unlimited power also can not be used as a reference or rules in the implementation of good governance. Thus, according to Khairuddin the power of government should be limited. The restriction must be done in the way of the division of powers, one of which is by majlis shura. Because one of the authority of this majlis shura is to give attitude and response to all problems of the people as well as possible so that the government's decisions do not contradict the interests of the people, then this majlis shura ought to be based on several principles, among which are freedom, deliberation and balance. Key words: Khairuddin Al-Tunisi, and Majlis Shura
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Urgensi Desain Collaborative Governance dalam Pemilu dan Pilkada: Studi Kasus Malpraktik Elektoral Tahapan Pencalonan Pemilu DPRD Provinsi NTT dan Pilkada Sabu Raijua
This paper offers collaborative governance as a concept of strengthening collaboration between institutions in the implementation of elections and local elections, namely by examining the phenomenon of electoral malpractice cases in the nomination stages in the 2019 NTT Provincial DPRD Election and the 2020 Sabu Raijua Regent and Deputy Regent Election. This study uses qualitative research methods descriptive with analysis techniques and data collection based on primary data and secondary data and literature study. The study results based on the case studies in this paper found that the concept of collaborative governance was able to overcome the weakness of the rules and the limitations of the authority of the election organizers at the election and regional head elections. This is evidenced by the potential for electoral malpractice in the nomination stage, which lies in the weakness of the rules for the verification mechanism for only administrative candidate requirements, so they are prone to be manipulated by candidates. At the same time, it is known that the validity and correctness of candidate requirements documents is the domain of authority of institutions outside the Organizing Institution Election (LPP). Therefore, collaboration and synergy between election organizers and stakeholders are needed based on collaborative governance to prevent electoral malpractice. The collaborative governance approach encourages collaborative problem solving involving stakeholders based on mutual trust and commitment and is oriented towards consensus. The cycle of collaborative governance that must be passed is face-to-face dialogue, trust-building, commitment to the process, shared understanding, and intermediate outcomes. Furthermore, legal norms are needed to regulate inter-institutional cooperation for election organizers to strengthen collaborative governance.
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KORUPSI ADALAH SUATU PERBUATAN TINDAK PIDANA YANG MERUGIKAN NEGARA DAN RAKYAT SERTA MELANGGAR AJARAN AGAMA
Abstract Corruption is a criminal act that breaks and against the state law and the religion law. Due tothe fact that this corruption is not only prohibited by the greatest one God but the effectivelegislation rule as well. Furthermore, the corruption can bring about a loss to all side. Forinstance; being able to make a misery society and country, locking the country economygrowth rapidity, putting in disorder country, being able to bring about a bad image for thecountry on the international people's view, in addition to, being able to cut down the countrythrust level on the international worl eithin doing cooperation, mainly in economy sector. Evenfor further more, the corruption make afraid of all foreigner investors to invest their stock orshare in Indonesia.On the other hand, the corruption can also induce the blocked project being carried out inourselves country as well as can hamper routine's job of the country. Thus the corruption actcan become the cause of the stopped country advance or progress. As a final point, thosecorruptors' re properly given a punishment dealing with their deed. Even a great deal ofsociety group wish those corruptors to be killed out or be given as a death sentence or in otherwords, at least is to be imposed as heavy as punishment in order to making them discourageto redo their deed. As a matter of the fact, this is only an example for other people who want todo what was done by the perpetrators before. In the long run, the corruption level can bedecreased in this our motherland's country.Keywords: the corrupt criminal act constitution, constituonal law, the effectivelegislation rule, Islamic law, Al-Qur'an & Al-Hadist.
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Indonesia in the South China Sea: Foreign Policy and Regional Order
This paper looks at how Indonesia contributes to the creation of a relatively peaceful and stable Southeast Asian region after the Cold War. It examines Jakarta's diplomacy in the South China Sea, and explains its implications for the making of the regional order. The argument is that Indonesia's impact on regional security has been apparent in its attention to the improvement of rule-based interaction among states in the region. However, recent developments have demonstrated that Indonesia's initiatives, formulated in the Indo-Pacific Cooperation Concept, are unsuccessful due to the lack of support from other ASEAN states. This paper shows that great powers politics in the troubled waters has hindered the advancement of Indonesian's orderdriven policy.
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