105 research outputs found

    Konsepsi Kedaulatan Rakyat dalam Cita Hukum Pancasila

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    Rekonseptualisasi Pengaturan Pengadaan Barang dan Jasa Pemerintah dalam Kaitannya dengan Tindak Pidana Korupsi.1

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    Regulations was publishedrelating to governmentprocurement of goods andservices intended for theprocurement of goods andservices more perfect and reducethe adverse of deviation statefinances. In the procurement ofgoods / services of governmentagencies, there are three areas oflaw that directly and indirectlyregulate the procurement ofgoods / services, they are theState Administration Law, Civiland Criminal. When linked withthe provisions of the acts ofcorruption stipulated in Law No.31 1999 Junto Law 20 of 2001.So, if examined will be foundsome elements including:unlawful, enrich themselves inthe procurement of goods /services

    Tinjauan Yuridis Sistem Pemilihan Umum Anggota Dewan Perwakilan Rakyat pada Era Orde Baru dengan Era Reformasi

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    Electoral system adopted in the general election Members of Parliament in the New Order era to the era of the Reformation have differences in its implementation, the electoral system in the New Order is using a proportional system is closed lists of candidates and in the reform era that is proportional to the open list of candidates, which system that applied in that era have weaknesses and strengths in its implementation, thus need to review the electoral system the legislature in each era, whether it leads towards a democratic election. The purpose of this thesis, namely; First, to determine the electoral system Members of the House of Representatives in the New Order era to the era of reform. Second, to determine the strengths and weaknesses of the electoral system Members of the House of Representatives in the New Order era to the era of reform.This research is done by using an approach that is normative, because in this study the authors conducted research on the history of law and comparative law. While the source of the data used is using secondary data. Data collection techniques in this study the authors use the method of assessment literature or documentary studies and data analysis using deductive method is to analyze the problems of the general form into special shapes.Results of the study are: First, The electoral system used in the New Order Era is using stelsel proportional system with closed lists of candidates, voters vote for the party, and the party to vote for the candidate with the highest sequence number. While in the Reform Era, the electoral system used a proportional electoral system with open candidate list, voters may vote directly to the selected candidate. Second, the strengths and weaknesses of the electoral system in the New Order era and Reform, the advantages of the electoral system in the new order, namely, to produce security and order in the implementation and flexible, weakness namely electoral system is very close to the shadow of government intervention, not of transparency, this system affects the responsibility of legislators, while the excess electoral system reform era that is very democratic, open competition is positive for candidates, and weaknesses are, so complicated that people confused, complicated calculations voice, hamper the strengthening of democracy. First authors suggestion, it is recommended that every election changed the electoral system in use continues to meet the electoral system which is fitted applied in Indonesia Secondly, the elections that took place must be transfaransi and no intervention, the government must remain neutral in elections held in this country.Keywords: The electoral system-Members of Parliament-New Orde and Reform Er

    Gagasan Perluasan Legal Standing dalam Permohonan Pembubaran Partai Politik di Indonesia

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    Indonesia is a democratic country whose sovereignty of the people, it has been set out and defined in the Constitution of the Republic of Indonesia in 1945, but people can use their sovereignty to entrust a representative to sit in the seat of government through elections. Elections are conducted by political parties as participants.Political Parties in Indonesia not everything goes according to the rules, of course there are also violations committed by political parties. Against violations of the political party is the government only Yeng entitled to apply to the dissolution of the Constitutional Court. Why do people not involved in the dissolution of political parties? Heres what the author discussed in this thesis research.This study aims to find out why the government just get legal standing in the filing of the dissolution of political parties as well as what if the community is also involved in legal satanding and how efforts to do so that people can also be involved in the dissolution of political parties.The data collection was done by means of data collection study literature relevant to this study in the library and to identify the data or existing cases.Materials collected are from legislation, related books and journals. The acquired data will be analyzed by inductively qualitatively to arrive at a conclusionThe results of this study is the government as the sole applicant filing dissolution of political parties for the sake of the party avoid unhealthy competition, and the author hopes that the community be the applicant is also in accordance with the principle of popular sovereignty and human rights.keywords: folk, dissolution of political parties, the legal standing

    Penegakan Hukum terhadap Kasus Perbuatan Main Hakim Sendiri (Eigenrichting) di Wilayah Hukum Kepolisian Sektor Cerenti

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    Every Indonesian citizens were equal before the law even if someone is a perpetrator, so that legislation prohibits any act of vigilantism (eigenrichting) conducted by the public against criminals. The act of vigilantism (eigenrichting) occurs due to lack of disbelief law enforcement community will be added again weak public awareness of the law itself. Acts of vigilantism in our criminal law is not specifically regulated, but the perpetrators could use the existing provisions in the Criminal Code. Therefore it is necessary to conduct law enforcement vigilante (eigenrichting). But law enforcement against acts of vigilantism (eigenrichting) in the Police Sector jurisdiction Cerenti do not maximized.As for the purpose of this research was to determine the factors that cause people to do acts of vigilantism (eigenrichting) in the jurisdiction of the Police Sector Cerenti, then to determine the constraints on law enforcement in cases of acts of vigilantism (eigenrichting) in the jurisdiction of Police Cerenti sector, as well as to know what is being done to overcome the obstacles in law enforcement against acts of vigilantism (eigenrichting) in the jurisdiction of the Police Sector Cerenti.This study is included in the juridical sociological research that is consistent with the fact that life in society. While the nature of this research is descriptive that provides a clear and detailed picture of the problems studied. The data used is primary data obtained directly from the field, as well as secondary data derived from primary legal materials, secondary and tertiary. Means of data collection is done by interviews, questionnaires, and review of the literature. In the analyzes carried out by means of qualitative and deductive method of thinking.The result of this study is that the cause of the community vigilante acts are due to lack of public confidence terhadapa law enforcement officers, and the weak level of awareness of society itself against the law. The constraints faced by law enforcement in cases of vigilante action is due to insufficient numbers of police personnel Cerenti sector, as well as the concerns of the Police Sector Cerenti in implementing the rule of law. The efforts made to overcome such obstacles Polsek- always coordinate with the nearest police station in order to cover the amount of personnel is lacking, as well as motivation memmberikan to the apparatus to be more propesional and are not afraid to carry out their duties.Keywords: Law Enforcement - Eigenrichting - Offenc
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