Administrative Land Conflicts and Reforming State-Owned Enterprises in Indonesia

Land control and ownership contain the emergence of legal norms including authority, rights, and obligations, as well as power. In juridical, it is a system aiming to protect and encourage values that are strongly embraced by the community. This study presents an up-to-date survey on the conflict between state-owned enterprises (SOEs) and the community in Indonesia. Normative and empirical approach were used in this study. The results showed that state-owned enterprises are more subject to institutional pressures that arise from a weak authority of “state ownership”. This weak authority is developed through the combination of ideological conflicts, perceived threats to national security, and claimed unfair competitive advantage. The results not only extend the institutional theory to explain differential effects on entrants but also demonstrate how foreign investors of idiosyncratic origins proactively build authority in host countries

Revitalization of Rule of Law, Democracy and Good Governance Ideas as Modern State Pillar

This article aims to explain in a reflective manner the main ideas underlying the operationalization of modern state, namely Rule of Law, Democracy and Good Governance, and to revitalize these ideas in the sublimity of human soul and the urgency of state organizations nature. The rule of law, democracy and good governance as intellectual products contain distinctive modern values. Historically, these ideas have a connection with the idea in the pre-modern century, especially the Renaissance era. Three main elements of modern state pillars are the supremacy of law, government of people and economic welfare. The essence of these three elements is rooted in science which is characterized by anthropocentrism and it ignores the potential of science that is theocentric in nature. Using reflective analysis method, the rule of law, democracy and good governance are disclosed based on the essential context of human soul true needs as citizens whose existence is not merely material, but also spiritual. The analysis shows the importance of the three main pillars of modern state to be revitalized to bring it closer to the sublime needs of human soul; so that the state power organized by law can build a good system of government because the basic idea is to balance the economic and spiritual orientation of human society in the state. Therefore, it can respond to human needs as well as the pragmatic needs of a modern and balanced society. Keywords: Rule of Law, Democracy, Good Governance DOI: 10.7176/PPAR/9-4-06 Publication date: April 30th 201

Inconsistency of General Election System in Indonesia: Legal Arrangement

The choice of a particular electoral system will be a measure of the extent of consistency in the realization of the sovereignty of people. The greater of electoral system to provide a wide space for the people to decide, then the electoral system will be closer to the nature of popular sovereignty. The research uses normative-legal method or also called as doctrinal-legal research. The research approach used is statute, conceptual, case approach. The method of analysis used is qualitative-normative. The results show that the implementation of electoral system arrangement construction in the holding of general elections in Indonesia can be observed in the concept of Balloting, Districting, Electoral Formula. In the future, seat counting method in the election of members of the parliament should be formulated in the form of modified proportional systems in order to ensure the realization of the principle of equality of the voters vote and the proportionality of the election result and the formulation of norms in the legislation carefully, clearly and firmly, to preventing the possibility of multi-interpretation of legislation. Keywords: Election System, General Election, Legal Arrangemen

The Existence of the Right to Books for Frontier, Outermost and Disadvantaged Regions as Part of the Right to Enjoy Education

Existence refers to something that is real with certain characteristics. In general, the existence of the right to books is part of the right to enjoy education in the International Covenant on Economic, Social and Cultural Rights (ICESCR). Countries that ratify the covenant are automatically required to provide educational needs, such as books and libraries. Specifically, Indonesia has ratified the covenant, so it is obligated to fulfill the needs for books and libraries in all regions. In addition, Indonesia should specifically fulfill the rights to books and libraries of special groups (frontier, outermost and backward regions), but in reality, the fulfillment of this right is still centered in big cities and has not touched many frontier, outermost and backward regions. This is evident as there are many activities related to books in big cities, such as the existence of libraries, printing/publishing firms, and bookstores. This research aims to affirm the existence of the right to books for frontier, outermost and disadvantaged regions and find out the extent of the relationship between the right to books and the right to enjoy education as part of human rights. Keywords: Existence, Right to Book, Fulfillment of Human Rights. DOI: 10.7176/JLPG/95-07 Publication date:March 31st 202

Legal Protection of Indonesian Migrant Worker Children Rights: A Human Right Perspective

In effort to protect the Indonesian migrant workers, the States should understand what migrant worker’ rights and responsibilities. In fact, more than half of migrant workers are women, most are breadwinner, where they abandoned their children and raised by their family. Hence, the child phenomenon of migrant workers who abandoned requires professional caregivers. The results indicate that the fulfillment of the basic rights of the Indonesian migrant workers children who abandoned by their parents to abroad have not been met optimally, whether the right to survival, to education and to health. The research is recommended ought to Indonesia as one of the second most migrant workers origin States after the Philippines, and South Sulawesi as one of the largest contributors of migrant workers should be the basis for the Indonesian government and the community in policy development and implementation as well as strategies related to migrant workers and the fulfillment of the basic rights of migrant child children who abandoned to grow and develop optimally. Keywords: Children, Human Right, Legal Protection, Migrant Worke

IMPLEMENTATION OF FUNCTIONS OF POLITICAL PARTY IN INDONESIAN CONSTITUTIONAL SYSTEMS

In Indonesia, the existence of the political party is form of freedom of association and  freedom of assembly, which is existence  derivative of freedom of thought and freedom of expression. Therefore, the freedom of association is deemed as  various forms political activity in the political party, which is in accordance with the laws and is protected through the Indonesian Constitution. Reform era has been give away room for political freedom and freedom of expression for comprehensively growth for the political party marked with more and more the amount the political party formed. In 1999, 48 the political parties participated in the first election in the reform era. In the next election period, in 2004, it was 24 contestants participated in the election. In 2009 then, there were 44 the political parties participating in political elections. Finally,  in 2014,  15 of the political parties came along the election. The function of the political parties can be seen in Article 11 of the Law No. 2 of 1999 concerning The Political Party. In terms of the political education for the community, Article 31 of the Law No. 2 of 1999 concerning The Political Party emphasises on the issue. Keywords: Political Party; Indonesian Constitutional Syste

The Public-Private Partnership as Legal Instrument in the State and Regional Property Management: Challenges and Development

This research aims to know the dynamics of the development of people’s lives are getting more advanced and the government's burden as the government administrator is increasing. This research is legal research using the statutory and conceptual approaches. This paper provides information on the latest trend in research. The results show that all State or regional property is used to maximize public services. Even some State/regional properties should be able to be enjoyed by the public. The existence of the Government and Private Entity Cooperation as one of the legal figures, which is a model of cooperation financing for the provision of infrastructure for State/regional property, in the end, actually raises legal problems related to its management. The conclusion show that the most important problem is the Government and Private Entity Cooperation, the potential for merging of public and private affairs that may participate in the provision of commercial facilities. Ideally, the Government and Private Entity Cooperation are intended to provide social and economic infrastructure in the context of public services

The Government’s Legal Standing in Build Operate and Transfer Contract

The paper analyzes the government’s legal standing in build operate and transfer contract. This research is a normative-legal research. The research approach uses the statutory and conceptual approaches. The results show that the government action is an action carried out by governmental or state administration organs which are intended to have legal consequences in the field of government or State administration. In doing government actions, the government is a legal subject as the holder of rights and obligations. Therefore, as a legal subject, the government action can be carried out in both public and private law. The position of the government in civil law relatedness is not different from a person or private legal entity as a service provider, so that an equal position in this agreement results in the law that both the government and the cooperation partner can become parties in the civil dispute, so that can realize an equal justice. Keywords: Build Operate and Transfer; Contract; Government DOI: 10.7176/JLPG/88-13 Publication date: August 31st 201

The Essence of the Regional Head Election System in Realizing Clean Government in Indonesia

Indonesia is a unitary state in the form of a Republic. It government system is based on regional autonomy model. The electoral system is held in democratic ways through both representatives and direct elections. One of the main problems in regional head election is that the direct election model raises a variety of problems, especially related to corruption and conflicts in society. This article objectively assesses the importance of the construction of regional head election system based on legal and democratic values, so that it can eliminate corruption and horizontal conflicts to create clean government in Indonesia. Keywords: Regional Head Election, Rule of Law Values, Democratic Values DOI: 10.7176/JLPG/85-26 Publication date:May 31st 201