Regional Government Authority in Fulfilling the Right to Legal Aid for the Poor and Vulnerable Groups

Local government is authorised to fulfil the right to legal aid to disadvantaged and vulnerable groups. Such authority is referred to as attributive authority. The regional government's implementation of legal aid is critical because the central government's budget allocation for such aid remains constrained. This is evident from the unequal distribution of funds for legal aid as well as the disparity between the number of legal aid organisations and the number of people in need. In addition to being constrained by the budget, the provision of legal aid under Law No. 16 of 2011 concerning Legal Aid is currently confined to the poor, despite the fact that various laws mandate the provision of legal aid to certain groups.The implementation of legal aid by the local government is urgent because the central government's budget allocation is still limited. This can be seen from the imbalance in the legal aid budget and the number of legal aid organizations compared to the number of poor people. The budget and the scope of legal aid are limited, only covering the poor. Regional governments, as stakeholders, are expected to complement the central government's shortcomings by allocating legal aid budgets and expanding the scope of legal aid recipients. This study aimed to examine the authority of local governments in fulfilling the right to legal aid for poor and vulnerable groups. This study was normative research by examining legal regulations relating to the authority of local governments in fulfilling the right to legal aid for the poor and vulnerable groups. The data obtained were analyzed using qualitative methods. The results of this study showed that local governments had the authority to fulfill the right to legal aid for the poor and vulnerable groups. This authority was attributive. Several laws obliged local governments to fulfill the right to legal aid

Limited Scope of Authority of Local House of Representative in the Area of Local Budgeting

This research is to reveal the nature of the functions of the local house of representative (called DPRD) in budgeting process. This means to provide clarity about the limited scope of local house of representative authority in budgeting activities. The research results reveal two things: first, the function of local house of representative is essentially to control fiscal.  It means that budgeting discussion activities conducted by DPRD is to ensure compliance: (1) designing KUA, PPAS, and RKPD; and (2) the draft of the local regulation and KUA, PPAS, as well as RKPD, with the limited scope of discussion is following: (a) policy of revenue, expenditure, and financing; (b) program priorities and limited (plafond) budget for each program; and (c) the allocation of the budget and program of activities. Second, the discussion of the draft of the local regulation on budget revenue and spending areas (APBD) technically implemented by the Commission must reach all level of activity and type of expenditure. The scope of such discussion is not only potentially causes budgetary transactions practice, but also exceeds the limit of the Law No. 23 of 2014 and its implementation in the forms of the the Governmental decree  No. 58 , 2005  and the Ministeri of Internal Affairs Decree No. 59, 2007. Keywords: Authority of DPRD, Local Budgeting

Pengaturan Honorarium Pejabat Pembuat Akta Tanah

Penelitian ini bertujuan untuk menganalisis prinsip keadilan dalam pengaturan honorarium Pejabat Pembuat Akta Tanah. Penelitian ini adalah penelitian hukum normatif dengan menggunakan pendekatan perundang-undangan (statute approach) dan pendekatan konseptual (conceptual approach). Data yang dianalisis secara kualitatif akan dikemukakan dalam bentuk uraian secara sistmatis dengan menjelaskan hubungan antara berbagai jenis data, selanjutnya semua data diseleksi dan diolah kemudian dinyatakan secara deskriptif. Hasil penelitian menunjukkan bahwa esensi pengaturan honorarium Pejabat Pembuat Akta Tanah adalah sebagai upaya untuk mewujudkan kepastian hukum dengan adanya kejelasan mengenai honorarium PPAT serta untuk mewujudkan keadilan melalui pemerataan honorarium PPAT. Penerapan prinsip keadilan dalam pengaturan honorarium Pejabat Pembuat Akta Tanah menggunakan keadilan distributif yang menilai keadilan dari proporsionalitas atau kesebandingan yang berdasarkan pada hak, jasa, uang dan juga jabatan, sehingga PPAT merupakan suatu jabatan yang mana menerima haknya berupa honorarium atas jasa yang diberikan kepada masyarakat

Parliamentary (DPRD) Perspective on the Implementation of the Authority to Discuss the Revenue and Expenditure Budget (APBD)

The understanding of parliamentary members on the scope of their institutional authorities in the budget includes the discussing of the formulation of policies (KUA and PPAS) and the operational planning of the budget including the details of activities and the types of expenditure. This understanding is constructed from the perception of the parliamentary leadership which identifies the parliament’s budgeting functions witht those of the heads of the regions, even in the final stages of the budgeting process which is understood as the exercising of the function to form Perda(s) (non-APB). This understanding is manifested in practice, motivated by the provisions in Law No. 17 of 2003 dan PP No. 16 of 2010 which grants the authority to discuss the budget in detail, the quality of the budget proposed by the local government, the motivation to be re-elected as a member of the parliament by relying on the local budget as a mechanism to finance campaign promises, and efforts to restore the political costs of the concerned member’s candidacy. Keywords: DPRD’s Authority; APBD

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

Pencantuman Ketentuan Pidana dalam Pengaturan Jabatan Notaris

Penelitian ini bertujuan untuk memahami urgensi pencantuman ketentuan pidana dalam jabatan notaris. Penelitian ini merupakan penelitian normatif dengan menggunakan pendekatan perundang-undangan (statute approach), pendekatan konseptual (conceptual approach) dan pendekatan kasus (case approach). Analisis bahan hukum dilakukan secara kualitatif dengan metode analisis content (isi) terhadap peraturan perundang-undangan terkait. Hasil penelitian menunjukkan bahwa pencantuman sanksi pidana terhadap notaris dalam praktik tindak pidana yang terkait dengan jabatan notaris dapat diakomodir dengan cara menambahkan klausula khusus tentang Ketentuan Pidana terkait jenis-jenis perbuatan yang dapat digolongkan sebagai perbuaan pidana sekaligus dengan ancaman sanksi pidananya. Praktik tindak pidana yang berkaitan dengan profesi notaris dalam pembuatan akta dapat berupa Pidana umum, Tindak pidana korupsi, tindak pidana pajak, dan tindak pidana pencucian uang

Law Enforcement to the Abuse of Power in the Procurement of Government Goods and Services

Procurement contracts involving the government as a party in it (state as a buyer) have consequences on the legal character of the contract. It does not always talk about private law, but with government involvement. The type of research is normative-juridical, it intended to examine legal concepts related to the procurement of government goods and services. It uses statute, conceptual and case approaches. In this research, legal material is divided into 2 (two) parts, namely primary and secondary legal materials. The outcomes of the research indicate that the procurement of government goods and services can be divided into several types, namely: (a) procurement of goods, (b) procurement of construction/ non-construction services and (c) procurement of consulting services. It is not only regulated in a single regulation. It because the procurement of goods and services is a long process, starting from the process of procuring goods by arrangement, the process of budget management, the process of procuring goods with planned budget, and accountability of the results of procurement of goods and services administratively and technically. Keywords: Goods and Services, Government Procurement; Local Governmen

Traditional Market Presence in Retail Trade Crush

Economic activity regardless of the market is basically concerned with the advantage of economic actors of the market. It is very difficult to find economic welfare if it is seen from the existing market mechanisms. Welfare is one aspects that is quite important to maintain and foster the social and economic stability. These conditions are also necessary to minimize social tension in society. The market mechanism is vital to embody the economic welfare. The problem arises is how to fulfill it due to externalities and public goods factors that should be considered. The externalities factors will bring two effects – both positive and negative impacts. The externalities is one indicators of the existence of competitive of traditional market in retail trade crush. The existence of traditional markets as an asset of the nation which is the economic base of the people and institutions of social security as well as the institution endurance cultural can only exist amid the splendor of the retail trade. It will exist if there is concern for the government and the local government, both in the form of policies and concrete actions to protect the existence of  the traditional markets. The traditional market management policies must be based on alignments to the public under both merchants, consumers, and community members of other market users. Construction of the traditional markets must consider factors favorable to the market and should be managed professionally with good management. Keywords: Presence Traditional Market; Retail Trade; Crush

The Institutional Arrangement of Special Autonomy Fund Management of Papua Province

Institutional arrangement of special autonomy fund management is essential for the sake of the management of the fund to be more adaptable and acceptable to the changes and developments it faces. The institutional arrangement is needed for better and professional fund management. The urgency of it is to simplify special autonomy fund management by special institutions in order to improve and develop the fund management to be more autonomous, transparent, accountable, short hierarchy, decentralized and more professional. The facts show that there is no special institution to manage Papua Special Autonomy fund management starting from planning, preparation, stipulation, implementation, and supervision of budget. The distribution of special autonomy funds is also not shared proportionally and equitably based on the location of the regencies, as stipulated in the Law No. 21 of 2001 concerning Special Autonomy for Papua Province. Keywords: Institutional Arrangement; Fund Management; Special Autonom