38 research outputs found

    Kedudukan Gubernur sebagai Wakil Pemerintah Pusat di Daerah Berdasarkan Undang-undang Nomor 23 Tahun 2014 Tentang Pemerintahan Daerah

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    Act No. 23 of 2014 to position the governor in two positions, namely as Head of the Autonomous Region and as representatives of the Central Government in the area. In the implementation of regional autonomy as a deputy governor of the central government has the authority to direct, supervise and coordinate the affairs of local government. However, in practice, the authorities are less effective because of the disharmony between the Governor and the Regent / Mayor. Based on this understanding, the writing of this thesis formulates three formulation of the problem, namely; First, the position of the Governor pursuant to Act No. 23 of 2014 on Regional Government. Second, the factors that affect the disharmony between the Governor and the Regent / Mayor. Third, the political direction of the legal position as deputy governor of the Central Government in the area.This research included in the category of normative juridical research that examines the history of the law and legal principles. In this study the type of library materials is the basic data for research, data sources obtained from the literature, among others, include official documents, books, and research reports tangible. data sources used, the primary data, secondary data and data tertiary, technical data collectors in this research is to use the technique documentation.From the research, there are three main things that can be concluded, first, that the position of the Governor pursuant to Act No. 23 of 2014 on Regional Government there are two, namely: As head of the autonomous regions that perform tasks decentralization, the government district / city is not a subordinate of the Province . As a representative of the central government area, the Regent / Mayor is subordinate. Second, factors that affect the disharmony between the Governor and the Regent / Mayor due to several factors: Conflicts of interest, absence of hierarchical relationship between the Governor and the Regent / Mayor, the Governors role in carrying out the task of deconcentration do not set out clearly, as deputy governor in the center of the area does not have its own deconcentration device, and presence of the role and duties of the governors confusion in implementing the monitoring of the district / city. Third, the political direction of the legal position as deputy governor of the center has undergone a transition in terms of election of the Governor. Suggestions writer, to strengthen the position as deputy governor of the Central Government, should the Regent / Mayor follow the instructions Governor, In addition the need for further guidance on the status of the province, the position of the Governor, and the recruitment system in order to strengthen the position as deputy governor of the Central Government in the area.Keywords: Position - Governor - Central Government Representative - Act No. 23 of 201

    Analisis Yuridis Pembentukan Desa Bagan Limau Kecamatan Ukui Kabupaten Pelalawan Berdasarkan Peraturan Pemerintah Republik Indonesia Nomor 72 Tahun 2005 Tentang Desa

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    Before the village was expanded into the origin of the village is very important. The origin of this is the main issue of various parties, the establishment of Bagan Limau Hamlet. Proposal division Dusun Desa Bagan Bagan Limau Limau be filed by the village of Lubuk Kembang Bungo. In accordance with a map of the boundary between the village of Black Water and the village of Lubuk Kembang Bunge in 2004 made by the Government of Pelalawan and deal the two villages between Air Hitam village and the village of Lubuk Kembang Bungo, Hamlet Bagan Limau get into government territory Desa Air Hitam not Lubuk Kembang Bungo but Pelalawan Regional Regulation No. 11 of 2007 on the establishment Desa Bagan Limau. Article 3, that the village of Bagan Limau come from parts of the village of Lubuk Kembang Bungo Subdistrict Ukui. The purpose of writing this skirpsi, namely, first, to understand the formation of the village of Bagan Limau diliat of the Indonesian Government Regulation No. 72 Year 2005 on the village. Second, to determine the Establishment Legal Implications Hamlet Bagan Bagan Limau Limau into the village

    A. Pendahuluan Tindak Pidana Korupsi Merupakan Salah Satu Kejahatan Non Konvensional yang Semakin Populer Dikalangan Masyarakat. dalam Undang-Undang Nomor 31 Tahun 1999 Tentang Pemberantasan Tindak Pidana Korupsi Sebagaimana Diubah dengan Undang-Undang No

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    Issues concerning policy lately quite a few are processed and charged under the Law of Corruption, giving rise to polemics. Polemic about whether or not charged with criminal policy, until now still leaves the issue. criminal liability a person against a crime that happened not in spite of the existence of the elements of criminal liability relating to the offense maker itself, which among others include the ability of responsible, errors in the broad sense and the absence of an excuse and justification. elements of error is the main element or a central element in criminal liability . Persons who have committed a criminal act can be held accountable for criminal conduct against him in a criminal act if it does have an element of error. State administration officials who make policy if the policy is set in an element of abuse of authority or policy behind the enactment of the law against these officials and have Malicious intent (mistakes) intentionally want to earn a profit for themselves or others and may cause financial loss to the then state policymakers may be liable

    Perlindungan Hukum terhadap Hak Pekerja Outsourcing Berdasarkan Putusan Mk Nomor 27/puu-ix/2011

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    Climate of increasingly tough competition makes the company seeks to improve efficiency of production costs (cost of production). Workers with a system of outsourcing in practice that outsourced workers are given only 1 hour resting of 12 hours of work, especially security, and is not given for a period of vacation time that has reached 1 (one) year or more. If the outsourced workers will ask leave of absence, the submission will not be considered on leave but permission kerja.Tujuan writing this essay, namely: First, to determine the legal reasoning of the Constitutional Court decision No. 27 / PUU-IX / 2011 in the case of petition for judicial review of Law No. 13 of 2003 on Employment of the Constitution of 1945. Second, to determine the legal implications of the decision of the Constitutional Court Number 27 / PUU-IX / 2011 on the legal protection for outsourced workers in Law No. 13 Year 2003 on Manpower.This research is descriptive analysis of legal research because of the results of this study are expected to be obtained data describing thoroughly, clearly and systematically on the Legal Protection Against Workers in Labor Agreement With Outsourcing System in Indonesia. Data source is the primary legal materials, secondary law, and tertiary legal materials. Data collection for the study of normative law used literature study method or documentary studies. Was analyzed qualitatively analyzed the data by not using statistics or mathematics, or the like.From the results of this study, there are two main things that can be inferred First, through the decision of the Constitutional Court provides protection to workers / labor outsourcing, in this decision reaffirms the rule against contract workers or workers must follow existing regulations by adding a guarantee continuity of workers in the contract. Decision of this Court is protective labor rights / labor, then the government needs strict monitoring of the implementation of outsourcing

    Pelaksanaan Retribusi Parkir di Tepi Jalan Umum di Wilayah Kecamatan Tampan Kota Pekanbaru Berdasarkan Peraturan Daeranomor 3 Tahun 2009 Tentang Retribusi Pelayanan Dibidang Perhubungan Darat

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    Parking levy is payment for the use of the service organization and use of the parking lot, which is contained in each of the places visited such as shopping centers, restaurants and entertainment venues, good parking space provided by the local government and on the edge of the public road. as there is in the area of the districts Handsome Pekanbaru order to increase revenue (PAD), One implementation Levy Parking On the Edge of the existing public road in Regional District of handsome Pekanbaru City Regional Regulation No. 3 of 2009 on Retribution Pelyan in the Field of Communications Army. The purpose of this study is: First To determine pelaksanann roadside Levy Parking In general, based on Regional Regulation No. 3 of 2009 in the District Handsome Pekanbaru. Second, to determine barriers for the implementation of the parking levy based on the edge of the public road Based on Local Regulation No. 3 of 2009 in the District Handsome Pekanbaru. Third, To know the effort that can be done to overcome the obstacles in the implementation of roadside parking levies generally based on Regional Regulation No. 3 of 2009 in the District Handsome Pekanbaru.This study is a kind of sociological research or empirical jurisdiction. Location of the study is the Regional District of Handsome Pekanbaru. Source of data, supported by the primary data source, secondary data sources, data source tartier, while the data collection techniques are interviews, questionnaires and library studies. After the data collected was then analyzed qualitatively using the deductive method to analyze the problems of a general nature and is then drawn to a conclusion in particular based on existing theory.From the research problem there are three things that can be inferred, first implementation of curbside parking fees in general, based on Regional Regulation No. 3 of 2009 in the subdistrict of Pekanbaru City Handsome not performing as it should be because of the lack of socialization of the local government to arkir officers and lack of coordination between government the field coordinator. This is because of the barriers faced by local governments. Both the obstacles faced in the implementation of roadside parking levies common in Pekanbaru City Regional District of Handsome operational shortage of officers involved in the supervision and inspection of the field to the parking attendant who sometimes banyaak parking attendant who do not have official permission to carry out their duties

    Tinjauan Yuridis Kebebasan Pers Ssebelum dan Setelah Era Reformasi Berdasarkan Peraturan Perundang-undangan yang Berlaku

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    During the New Order is a repressive regime, whereas in the era of reform after the Soeharto‟s fall press imposed by euphoria. During the New Order authoritarian make press system so consequently the press is curbed. In contrast, the Reformation reconanced as democratic future, including in terms of press freedom. The purpose of this research are: First, to explain the freedom of the press before the era of the Reformation by Act No. 21 of 1982 on the Principles of the Press and its amendment. Second, to explain the freedom of the press after the Reformation era by Act No. 40 of 1999 on the Press. Third, to explain the advantages and disadvantages of the press before and after the Reformation.From this research, there are three things that concluded. First, freedom of the press before the era of the Reformation by Act No. 21 of 1982 on the Principles of the Press and amendments if traced the articles are shackles for the life of the press, the press is required to issue a license issue this license that can be used to control the editorial contents and banning. Second, freedom of the press after the Reformation era by Act No. 40 of 1999 concerning the Press is to guarantee freedom of the press, because there is no silencing and banning. Third, before the Reformation era Indonesian press called Pancasila press with a free and responsible goals. However, there is no freedom, so no complaints as a result of the deviation of the freedom of the press. However, due to the strict control of the Government of the press lost their identity to carry out its functions independently.Freedom of the press after the Reformation era is done on a national responsibility without limitation license renewal. Disadvantages of the press after the Reformation era is freedom takes precedence over its responsibilities while the excess press after a press Reformation era became an independent institution. Suggestions writer, first to guarantee press freedom ideally built on a foundation of community interest media managers, and the interests of the target service. Secondly, with regard to the interests of community framework is advisable actualization national press freedom, not only will meet the interests unilaterally, either interest manager (source), and the top of the fulfillment of the target interest (public media). The press must be responsive to public situations, because the powerlessness of the public to appreciate his opinion to press leaders should act as a facilitator to be able to appreciate what is desired. Third, freedom of the press after the Reformation era should be retained but remained on its responsibilities so as not to be excessive

    Pengaturan Penggunaan Alat Tangkap Perikanan Menurut Undang-undang Nomor 45 Tahun 2009 Tentang Perubahan Undang-undang Nomor 31 Tahun 2004 Tentang Perikanan

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    Geographical condition of Indonesia as a country that two-thirds of marine waters is composed of marine coastal seas, sea bays and straits give Indonesia the abundant riches, in terms of want to keep and preserve natural resources and biodiversity. The presence of trawls directly proportional to the needs of the community, but its use was then impact on the environment. Indonesian government in this case still happened the tug interests related regulations on fishing gear, especially related to the use of trawls.Based on this understanding, the authors of this paper formulated the two formulation of the problem, namely: first, how setting fishing gear fishery based on Law Number 45 Year 2009 on the Amendment of Law No. 31 Year 2004 on fisheries? second, what are the weaknesses setting fishing gear fisheries in Indonesia?The research method in this study, first, this kind of research is legal juridical research because in this study the authors do a review of literature, both include print media, books, literature, and electronic media.From the research, there are three main things that can be inferred. First, Regulating the use of fishing gear fishery according to Law No. 45 Year 2009 on the Amendment of Law No. 31 of 2004 on Fisheries does not clearly contains a provision concerning the use of fishing gear fisheries in Indonesia. Second, weakness Fisheries Law Indonesia in setting fishing gear in IndonesiaFirst author's suggestion should be the perception among all stakeholders and the public to determine the attitude of how best to use fishing gear trawls arrangements applied in Indonesia and expected government to be able to realize the policies that have been made consistently and responsibly with the various stakeholders in the field of fisheries in Indonesia.Second, to get clarity related to setting fishing gear trawls in Indonesia it is expected the government to synchronize the substance of the legislation in the field of fisheries and integrated appropriately so there is no conflict between the rules with each other in the same set

    Tinjauan Terhadap Sistem Multi Partai Dalam Sistem Pemerintahan Presidensial Di Indonesia Pada Era Reformasi

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    Amendment Act of 1945 that occurred in the era of reform based on a commitment to reinforce the Presidential system. In contrast, multi-party system in combination with the current presidential system of government is to encourage parties to form a coalition that actually weakens the presidential system itself. The Coalition is one of the institutions of parliamentary systems which negatively berekses governance. Practices in Indonesian coalition formed before the general election of President and Vice President dominated political dealings regarding the division of public office without the formulation of a common platform. In fact, the coalition was formed not ensure that parties who are members of the coalition that has a representative in the legislature will always support government programs. Therefore, this study aimed to understand the application of multi-party system in the Presidential system of government in Indonesia in the reform era at once formulate implications for the executive and legislative relations and the implementation of the ideal. This type of research can be can be classified into types of normative juridical research, because it makes the literature as the main focus. Source of data used, the primary legal materials, secondary law, and tertiary legal materials. Data collection techniques in this study using the method of literature study.The results showed that the application of multi-party system in the Presidential system of government actually weaken the presidential system and have implications for the executive and legislative relations. Three things that the implications are; First, the number of political parties interests that conflict with government policy. Second, the absence of permanent coalition arrangement. Third, the weak position of President. Ideally the implementation of a multi-party system, in order to create stability in the Indonesian presidential system of government, then there are three (3) things that need to be addressed in our Presidential system, namely: First, the simplification of the political parties, the second, setting the coalition remains, and the third, the strengthening of institutional design presidency. The author suggests needed coalition of political parties that are permanently defined by the rules of Law clearer so that it will produce a strong and efficient government.Keywords: multi-party system, coalition, a Presidential system

    Analisis Yuridis terhadap Hak Prerogatif Presiden Sebelum dan Sesudah Amandemen Undang-undang Dasar 1945

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    Amendment Act of 1945 that occurred in the era of reform based on a commitment to reinforce the Presidential system. Instead, the powers of the President as head of state seems limited by the meddling of other state institutions such as parliament, it weakens the system as the prerogative of the presidency itself. Prerogative is one muntlak rights owned by the President as head of state. Practice of the presidency in Indonesia established since 18 August 1945, Indonesian has a constitution which became the basis for a set of government (1945) and the presidency, which led the entire nation. In fact, the prerogative established in the Act of 1945 reduced that the institution of Parliament who are members of the prerogative of the President. Therefore, this study aimed to understand the prerogative of the president in Indonesia in the reform era at once formulate implications for the executive and legislative relations and the implementation of the ideal. This type of research can be can be classified into types of normative juridical research, because it makes the literature as the main focus. Source of data used, the primary legal materials, secondary law, and tertiary legal materials. Data collection techniques in this study using the method of literature study.The results showed that the application of the prerogative of the President in a presidential system of government actually weaken the presidential system and have implications for the executive and legislative relations. Some of the things that the implications are; First, the number of political interests. Second, the absence of regulation of the relationship between state institutions. Third, the weak position of the President as head of state. Prinip ideally application prerogative of the President, in order to create stability prerogative of the President of Indonesia, there are several things that need to be addressed within the prerogative of the President of our system, namely: First, setting the relationship between state institutions, second, does not always have to associate with politics, and Third, strengthening the institutional design of the presidency. The author suggests needed muntlak its prerogatives defined by the rules of law more clearly so that it will produce a strong and efficient government and the effort to strengthen the position of President of the institution of the presidency that is not weak against the Parliament, by way of separation institution of the presidency of the Council of Representatives (DPR) and the prerogative of the President through the rules of the Act are clear
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