Kewenangan Pemerintah Daerah dan Partisipasi Masyarakat dalam Pengelolaan Potensi Daerah

This article describes the relationship between the authority local governments and participation in the management of the potential of the region. The authors argue that local government has a broad authority within its jurisdiction to manage local potentials. One of the tasks borne by government is by following the country, namely hold some of the state as organization power, one of them is given to the public and private in publishing licensing. On one side, the role of the community is very important in the management of the potential of the region as a form of concern of the community development of area, then with the participation of the community hope to increase the income of the around and for the local government assets. On the other hand, residents as a their nets a an ongoing activity. Later in this article explain also forms of public participation in the management of the potential of the region. This article use the study literature regarding the authority local governments and the study legislation about the authority local governments that applies. The results of the study concluded that extent authority local governments one of which is the licensing on the management regional potential, on the other side, required public participation in the management of potential an area. Keywords: Local Government, Public Participation, Local Potential

Reinforcement of Judicial Supervision Function by Judicial Commission and Supreme Court as a Form of Shared Responsibility System

The function of judicial power is to enforce law and justice in the framework of protecting society through justice system based on law in a democratic state of law. One of the important principles of state of law is the existing guarantee of judicial power implementation which is independent, free from the influence of other power to implement justice for law and justice enforcement. Accountability of judge’s performance and Supreme Court institution which is a control form for justice institution becomes an idea concerning the dilema of judicial power independence concept. The supervision of judge’s behaviour by Judicial Commission can hopefully cover the weakness intern supervision by Supreme Court. The judge supervision which can be realised by Judicial Commission includes judicial technic supervision, performance assessment, and judge’s behaviour supervision. This research concerned to the reinforcement of judicial supervision function by judicial commission and Supreme Court as a form of shared responsibility system. The research method used in this research is normative law research method with statute approach, conceptual approach and case approach. Sources of legal materials used are legislation and cases. The results of this study are: the supervision on the judge’s behavior by the Judicial Commission can hopefully cover the weakness of internal supervision by the Supreme Court. It becomes so appropriate that the suprevision on judge is also performed by the Judicial Commission, not only by the Supreme Court. The supervision on judge that can be performed by the Judicial Commission includes the suprevision of judicial technique, performance assessment, and supervision on the judge’s behavior

Kewenangan Pemerintah Daerah dalam Pemenuhan Bantuan Hukum Bagi Masyarakat Miskin di Kabupaten Jember

Article 19 of the Law on Legal Aid provides the authority to local governments to deliver legal assistance to the poor by allocating budgets in the Regional Revenue and Expenditure Budgets, all of which are subsequently regulated by Regional Regulations. However, some areas have not yet implemented the mandate of Article 19 of this Legal Aid Law, because there is still doubt that the fulfillment of legal aid for the poor is part of the absolute government affairs relating to the justice sector. This includes establishing a Judicial Institution, appointing Judges and Prosecutors, establishing human rights and immigration policies, granting pardons, amnesty, abolition, legislation, Substitutionary Rules of Law, Government Regulations, and other national regulations. Unlike Jember Regency, which has legalized the Regional Regulation of Jember Number 6 Year 2016 regarding Legal Aid for the Poor, this Regulation of Jember Regency cannot be implemented since there is no Regent Regulation that regulates the implementation of the Regional Regulation. This article discusses how to regulate the authority of local government in fulfilling legal aid for the poor, and how to fulfill legal aid for the poor in Jember.  This article concludes with a suggestion for the Local Government of Jember to immediately approve the Regent's Regulation as the implementing regulation of Jember District Regulation No. 6 of 2016 on Legal Aid for the Poor, and to provide opportunities for community participation in supervising the fulfillment of legal aid in Jember. Keywords: Local Government Authority, Legal Aid, Legal Protection, Poor Peopl

Pengawasan Warga Negara Asing Penerima Bebas Visa Kunjungan dalam Perspektif Hukum Kewarganegaraan

The President issued a Presidential Regulation concerning visa-free visits to 179 countries aimed at advancing the economy. Referring to Presidential Regulation 21 of 2016 concerning Free Visit visa, in which Article 3 paragraph (1) that the recipient is free of a Visit visa is exempt from the obligation to have a Visit visa to enter Indonesian territory. As well as Article 4 paragraph (1) and paragraph (2) states that foreign tourists will be given permission to stay for a visit for 30 days but cannot extend the period of the visa exemption or convert it into another residence permit. Although the regulation will attract many foreign tourists to visit Indonesia, over time many of them have misused the right. This article found that the increasingly high demand and supply of labor made use of the visa-free policy gap that visited, leading to the emergence of increasingly massive illegal foreign workers. This is clearly a bad impact on Indonesia. So this article seeks to formulate how to improve the oversight mechanism for misuse of visa-free visits that could potentially harm the state. Keywords: Supervision, Foreign Nationals, Visa-free Visi