172 research outputs found

    NAWACITA AND THE LAW ENFORCEMENT OF CIVIL STATE APPARATUS IN CONSTITUTIONAL LAW PERSPECTIVES IN INDONESIA

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    “Nawacita” and Constitutional Law needs to be a legal approach to make improvements to the legal system, in order to encourage enforcement of the law with justice, then at least have to involve three pillars consisting of: (1) the substantive law (legal substance), which include legislative reform; (2) legal structure (law structure), including human resources law-enforcement officers (human resource), entered in it anyway coordination among law enforcement officers; and (3) the legal culture (legal culture), both culture and public law enforcement officers or citizens in general.Then, constitutional law and can be answered correctly, can be practiced within their Constitutional Act and may be unenforceable government in running the government. The key factor to keep in mind is eliminating ego-sectoral government agencies. Do not stop until the Act, a similar effort was also made to the laws which are in the executive area, such as government regulations, a presidential decree and ministerial regulatio

    Strategy to Create Indonesia Free Corruption in 2020

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    A prosperous nation is a nation that has a system of transparency and leadership trustworthy, honest, and intelligent sermons. Four things that become the basic law of nationality and the embodiment of leadership strength of law are evident. Corruption became a thorn, state institution run lameness healthy. The law became a thorn plucker should be included affirmation indiscriminately; there is no collusion and nepotism against any citizen there. Indonesia will be developed by 2020 on condition free of corruption. This fact would have been possible if it has a clean leader, law walk uprightly and fair, community synergies with trust laws and leaders. Leaders from the President to the price level as like; “civil organization” be absolutely necessary for the law and society. Free of strategy from corruption in 2020 is not likely to happen if the three pillars of the leaders, law and society work together with the unanimous support towards Indonesia clean of corruption. Not just jargon, but the real work.Keywords: leadership, corruption, strategy

    The Juridical Analysis of Court Decisions Regarding Adopted Children in Their Position as Single Heirs

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    It is human nature to live peacefully and happily with a complete family. As a complement to a family is the birth of children. When the offspring in the form of the desired child is not obtained naturally, it is done by adopting a child. The legal basis for regulating child adoption prior to the enactment of Government Regulation Number 54 of 2007 concerning the Implementation of Child Adoption, is carried out based on customary law, sharia law, and also based on a deed of adoption made before a notary, but after the enactment of Government Regulation Number 54 of 2007 concerning Implementation of Adoption child, the adoption of a child must be carried out through a court decision or stipulation. The need for a notary deed here is meant by the existence of a deed made before a notary, the deviations in a child adoption process will be minimized. The act of adopting a child contains juridical consequences that the adopted child has legal standing against the adopter, also includes the right to be able to inherit the wealth left by his adoptive parents at the time of death

    AN ETHICAL AND AN INTELLIGENT BUREAUCRATIC LAW REFORM

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    Bureaucracy and the law are two forces that must go hand in hand. Bureaucratic disregard the law when it goes limp bureaucratic system with no force because the bureaucratic system will not run when the law was abandoned. Bureaucracy in indonesia often look weak in a system. First rampant corruption in the bureaucracy is the main cause of dishonesty (actor) bureaucrats in understanding the nature of law. Breaking effects and misusing the mandate. Second, in our country as chaotic bureaucracy therein lies stagnation and the legal system in force when the bureaucracy that must be realized in accordance with the function and social role as a servant of the state. The third in the current law is enforced through a reformulation bureaucracy or bureaucratic reforms therein lies the role of bureaucracy is no longer comply with the law. Presence of bureaucracy in addition to be honest and transparent with the legal ethics bureaucracy is needed. Ethics is important in the bureaucracy. First, the existing problems in the bureaucracy becoming increasingly complex. Second, the success of development that has improved the dynamics and pace of change in the bureaucratic environment. Bureaucracy perform adjustment which requires discretionary power great

    The Effectiveness of the Rehabilitation of Islamic Boarding Schools Responsibilities as a Method of Healing of Drug Abuser

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    This research aims to know about rehabilitation, narcotics addicts and narcotics abusers who are proven victims are required to undergo and carry out medical rehabilitation or undergo social rehabilitation. In terms of social rehabilitation, Article 57 of Act No. 35 of 2009 states that "other than through medical treatment and/or rehabilitation, the healing of narcotics addicts can be carried out by government agencies or the community through religious and traditional approaches". The approach used in this research is normative juridical or library law research or doctrinal legal research. Generating Religious Awareness is a process rather than the accumulation of all life experiences which are recognized as reflections of philosophy and outlook on life, thus presenting positive values. Nashori mentions that the state of consciousness is a process of maturation resulting from the development of religious character and continued as a spiritual journey. The awareness process used is termed in the Tarekat Qodiriyah Naqsyabandiyah (TQN) as Tazkiyatun Nafsi or cleansing the soul from various diseases or impurities of the heart, such as: stingy, ambitious, jealous, stupid, hedonistic, and various other despicable morals. Pondok Pesantren not only intends to awaken victims of narcotics abuse, but by using the method of Islamic teachings or religious therapy for the healing process or rehabilitation for patients or victims of narcotics abusers. There are several obstacles faced in rehabilitation activities in Islamic boarding schools for narcotics abusers, includin

    Responsibilities and Legal Protection for Substitute Notaries for Authentic Deeds They Have Made

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    A Substitute Notary is someone who is temporarily appointed as a Notary to replace a Notary who is on leave, sick, or temporarily unable to carry out his or her position as a Notary with the aim of ensuring that there is no vacancy in carrying out the duties of the Notary. This research aims to 1) Find out and analyze the Responsibility and Protection for Substitute Notaries for authentic deeds they have made and 2) Find out and analyze the legal consequences for the responsibilities and protection for Substitute Notaries who have issued authentic deeds. This research approach uses a Nomative Juridical approach with the research specifications in writing this thesis being analytical descriptive, especially in terms of responsibility and legal protection for Substitute Notaries for the authentic deeds they make. The type of research is qualitative and the data source comes from primary data and secondary data. The conclusions in this research show that in accordance with Article 65 of the Notary Position Law, a Substitute Notary is responsible for the formal form of the Authentic Deed. The responsibilities of a Substitute Notary can be divided into two, namely, responsibilities while still serving as a Notary and responsibilities when no longer serving as a Notary. Legal Protection for Substitute Notaries according to Article 66 of the Notary Position Law, namely through the Honorary Council of Notaries, the Rights and Obligations of Denial, Attaching Letters, Documents and fingerprints to the Deed Minutes, Organization of the Indonesian Notary Association, Supervision of the implementation of the Notary's code of ethics. The legal consequences for the responsibilities and legal protection of a Substitute Notary can be divided into three: (1) civil legal consequences, namely compensation for losses; (2) Administrative legal consequences, namely verbal warning, written warning, temporary dismissal, honorable dismissal and dishonorable dismissal; (3) criminal legal consequences, a Substitute Notary can be punished if he violates the provisions regarding falsification of an authentic deed, provides false information in an Authentic Deed and reveals secrets which he is obliged to keep because of his position. Keywords: Authentic; protection; Responsibility; Substitute

    Malfungsi Han dan Upaya Melakukan Rekonstruksi Sistem Hukum yang Ada Menuju Hukum yang Melayani

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    The republic of Indonesian is a law country with welfare state concept. Consequently, each activity should be oriented around the goals based on the law that organize state activities, government, and society. The State is required to play a role and to interfere on its socety life in order to achieve prosperity. One of the important role is state administration to serve the society. In recent time, state administrative law plays a large role, because the state grants the authority to government in organizing society’s concerns and welfare, which mean the state  to be functionsto serve socety’s needs

    Ekologi Konstitusional (Green Constutional) dan Kedaulatan Wilayah di Indonesia

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    Green Constitusional is a concept contained in the Act of 1945 Amendments, which in Article 33 Paragraph (3) arranged on the environment that must be managed for the benefit of development based on sustainable principles (suistainable) and environment (pro-enviroment). Green Constitusional concept first introduced by Jimly Asshiddiqie the first time in which this is one of the ideas and developments in environmental protection efforts are put towards environmental rights arrangements in the constitution of the State as a commitment to environmental protection and management.Constitution of the Republic of Indonesia 1945 Amendments also referred to as the supreme law of the land, because in its articles have known or regulating the preservation of nature or has shades of green. This is also confirmed in the Constitutional Court Decision No. 013/PUU-III/2005 dated 12 September 2005 that the politics of Indonesia's forest is in the implementation of human rights in Indonesia today and future generations to gain a healthy environment and in order implementation of national development

    Imposition of Added Tax Value on Notary Services/PPAT

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    With the imposition of Added Tax Value (ATV) on notary / PPAT services, it is necessary to know the implementation of the imposition of Added Tax Value on Notaries / PPAT based on the Added Tax Value law and what problems and solutions are faced in charging ATV for such notary / PPAT services. This research is descriptive analytical with an empirical juridical approach with the research location in the Kendari City area. Based on the research results, it was found that the Notary / PPAT in Kendari City has not been registered as a Taxable Entrepreneur in Kendari City. This is due to several reasons, namely the tax office still has difficulty calculating the value of the deed made by the Notary / PPAT in Kendari City because no reporting. Another problem that hinders the collection of ATV for Notaries / PPATs is the demand for collection wages as the government gives incentives to agencies that collect taxes so that they are willing to establish themselves as taxable entrepreneurs
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