10 research outputs found

    Perspective on Settlement of General Election Disputes Through Mediation, Adjudication and Legal Efforts: Settlement of State Administrative Judicial Disputes

    Get PDF
    General elections (Pemilu in Bahasa Indonesia) are an important instrument in every democratic country that adopts a system of representation. In general, there are 2 (two) dispute settlement paths, which are litigation (dispute settlement path through the judicial route) and non-litigation paths (peaceful settlement outside the court). The type of research used in this legal research is normative juridical type of research which is carried out by examining library material which is secondary data and also called library research. Dispute on election consist of disputes between election participants or between candidates, administrative disputes or State Administration of Elections, and disputes over election results. While crime in election is handled by the Election Supervisor, which is followed up by the General Election Commission (KPU), the regional KPU, and the regional KPU and KPU impose administrative sanctions. Whereas the violation of the code of ethics for the election organizers at the hearing was decided by the Election Organizer Honorary Board (DKPP). Furthermore, disputes between election participants or between candidates are settled by the Election Supervisor, Election administration disputes are settled by the Election Supervisory Body (Bawaslu) by mediation, adjudication and can be appealed to the State Administrative Court, while the election results are settled by the Constitutional Court

    Analysis of the Philosophical, Sociological and Juridical Basis for Amendment to Regional Regulations of Bogor Regency Concerning Public Service Retribution on Waste/Cleanliness

    Get PDF
    Regional taxes and levies are part of the source of Regional Original Income or better known as (PAD), which is a regional asset that is part of the income of a region. The type of research used in this legal research is empirical normative legal research, namely research based on primary, secondary and tertiary legal materials with interpretation and systematization between laws and regulations. it is necessary to adjust the retribution rate, especially regarding the general service retribution regarding cleaning/waste services. This is as explained in Article 155 paragraph (1) of Law Number 28 of 2009 concerning Regional Taxes and Regional Levies, which states that the Levy Tariff is reviewed at the latest every 3 (three) years. So here it is very clear for Regional Regulations that many regions have not updated their rules, and are expected to be re-evaluated due to economic developments and also the price index

    PEMBERIAN REMISI BAGI KORUPTOR DIKAITKAN DENGAN KOMITMEN PEMERINTAH DALAM PEMBERANTASAN KORUPSI DI INDONESIA

    Get PDF
    Abstrak Salah satu bentuk pembinaan bagi warga binaan pemasyarakatan (WBP) di dalam sistem pemasyarakatan di Indonesia yaitu dengan diberikannya hak remisi kepada setiap warga binaan pemasyarakaan yang sudah memenuhi persyaratan menurut ketentuan perundang-undangan yang berlaku. Pada dasarnya remisi merupakan suatu sarana hukum berupa hak yang diberikan oleh undang-undang bagi setiap warga binaan (narapidana) yang dinyatakan telah memenuhi persyaratan tertentu. Seiring dengan dinamika dan kebijakan politik pemerintah Indonesia, telah terbit serangkaian aturan yang memberikan keringanan hukuman (remisi) kepada para terpidana korupsi. Belakangan ini para terpidana korupsi bisa semakin mudah untuk mendapatkan remisi atau pengurangan hukuman. Sebab Mahkamah Agung (MA) telah mencabut dan membatalkan pasal terkait di dalam Peraturan Pemerintah Nomor 99 Tahun 2012, atau yang lebih dikenal dengan Peraturan Pemerintah tentang Pengetatan Remisi Koruptor. Pasca putusan MA itu, maka syarat bagi koruptor untuk mengajukan remisi sama seperti halnya narapidana lainnya tanpa harus memandang jenis kejahatan yang telah dilakukan. Namun demikian, kebijakan pemberian remisi bagi koruptor berakibat timbulnya polemik dalam masyarakat, pro dan kontrapun terjadi. Sebagian mereka berpendapat bahwa pemberian remisi kepada terpidana korupsi dianggap telah bertentangan dan menciderai komitmen pemerintah Republik Indonesia dalam pemberantasan korupsi. Kata kunci: korupsi, remisi, koruptor, komitmen pemerintah. Abstract One form of guidance for prisoners in the correctional system (WBP) in the correctional system in Indonesia is the granting of remission rights to every prison inmate who has met the requirements according to the provisions of the applicable legislation. Basically, remission is a legal means in the form of rights granted by law to every inmate (convict) who is declared to have met certain requirements. Along with the dynamics and political policies of the Indonesian government, a series of regulations have been issued that provide leniency (remission) to those convicted of corruption. Recently, it is easier for convicts of corruption to get remissions or reduced sentences. Because the Supreme Court (MA) has revoked and canceled the related article in Government Regulation Number 99 of 2012, or better known as the Government Regulation on Tightening Corrupt Remissions. After the Supreme Court's decision, the conditions for corruptors to apply for remission are the same as other convicts regardless of the type of crime that has been committed. However, the policy of granting remissions for corruptors resulted in polemics in society, pros and cons also occurred. Some of them are of the opinion that granting remissions to corruption convicts is considered to have contradicted and injured the commitment of the government of the Republic of Indonesia in eradicating corruption. Keywords: corruption, remission, corruptors, government commitment

    Legal Aspects of the Establishment of Village Regulations on Empowerment of Bumdes According to Law Number 6 of 2014 Concerning Village

    No full text
    Villages face a new era in accordance with Law Number 6 of 2014 concerning Villages. The village is expected to be independent socially, culturally, economically, and even politically. Law Number 6 of 2014 concerning Villages to become Regulations on Village (PERDES) stipulated by the Village Head after obtaining joint approval from the Village Representative Body, which was formed in the context of implementing village autonomy. PERDES is a further elaboration of higher laws and regulations by taking into account the characteristics of each village. In this regard, a PERDES is prohibited from contradicting public interests and/or higher laws and regulations. Village-Owned Enterprises (BUMD) are village businesses managed by the Village Government and legal entities. The Village Government can establish Village-Owned Enterprises according to the needs and potential of the Village. The formation of Village-Owned Enterprises is stipulated by a Village Regulation. The management of Village-Owned Enterprises consists of the Village Government and local village communities. It is hoped that the community can be actively involved in the formation of Village Regulations, but the obstacles in the field is that community understanding regarding the Village Regulations are still lacking so that the community is still apathetic to the process of the Village Regulation Formation, so that a constructive idea is born to provide counseling and guidance to legal awareness communities. from the interests of the community itself, namely being actively involved in the formation of Village Regulations

    Juridical Review Legal Protection of Workers Affected of Termination of Employment (PHK) Due to the Covid-19 Pandemi Viewed from the Perspective of Labor Law (Act No. 13 of 2003 Concerning Labor)

    No full text
    Labor problems are a problem that is often heard. One of these problems is Termination of Employment by companies in Indonesia. Law Number 13 of 2003 concerning Manpower aims to provide protection for workers so that they are not treated arbitrarily, as well as to guarantee certainty and a peaceful life for workers. This rapid spread caused the Government of Indonesia to issue a policy in the form of Government Regulation Number 21 of 2020 concerning Large-Scale Social Restrictions to Accelerate the Handling of Covid-19 (hereinafter referred to as PP Number 21 of 2020). With PP Number 21 of 2020, the Indonesian Government through the Ministry of Health implemented Large-Scale Social Restrictions (PSBB). Given the current conditions, namely the occurrence of layoffs as a result of the Covid-19 pandemic, you can then refer to SE Number M/3/HK.04/III/2020 Concerning Worker/Labor Protection and Business Continuity in the Context of Prevention and Management of Covid-19. Although basically this circular letter is only an appeal, basically in order to guarantee its implementation and provide protection for laid off workers/laborers, the emphasis is on an agreement between employers and workers/laborers. This agreement is very important because in the conditions of the Covid-19 pandemic, both employers and workers/labourers are victims. Two-way communication is needed between employers and workers/labourers. This is very important to do because the Covid-19 pandemic is very detrimental to both parties
    corecore