Indonesian State Law Review (ISLRev)最新文献

{"title":"Ex Ante Review in Realizing the Constitutionality of Laws and Regulations in Indonesia","authors":"Desy Wulandari","doi":"10.15294/islrev.v1i1.26938","DOIUrl":"https://doi.org/10.15294/islrev.v1i1.26938","url":null,"abstract":"This study aimed to describe the constitutional test models in France and in Indonesia and the prospect of application of the ex ante review in realizing the constitutionality of laws and regulations in Indonesia. The method used by the author is using a normative juridical approach of comparative law. The results showed that the ratio of the most influential position is on the object and the subject of testers. Indonesia's Constitutional Court is subject testers incorporated as a judicial body with the test object in the form of legislation that has been passed and enacted. Whereas in France the Constitutional Council is the subject of testers incorporated as a quasi-judicial body with the test object in the form of draft legislation which has not been enacted. prospects for application of the ex ante review with a name elaborates the basic models of constitutional previews should be considered for implementation in Indonesia, with two alternatives, namely the preview is done by the Constitutional Court or preview conducted by the Legislative Board. This concept is done by a process when a bill has been discussed is obliged to do a preview for the legislation and are non obliged organic law for the non-organic statute law. but the weakness that really stands out is that there is an overlap principle of checks and balances adopted by Indonesia when it is done by the Constitutional Court, and if done by the Legislative Body the authority or the task is still within the scope of the legislature so that they made possible many there is a discrepancy between the bill with Tests of the 1945 Constitution of the draft legislation before it was passed and enacted, consideration of alternative solutions to minimize the unconstitutionality of a law that has been in effect. To accommodate it necessary to do some changes to the 1945 Constitution and the Act governing the MPR, DPR, DPD and DPRD","PeriodicalId":156893,"journal":{"name":"Indonesian State Law Review (ISLRev)","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121174761","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Authority of the Audit Board of the Republic of Indonesia in Examining Regional Government Performance","authors":"Dian Puspita Warih","doi":"10.15294/islrev.v1i1.26940","DOIUrl":"https://doi.org/10.15294/islrev.v1i1.26940","url":null,"abstract":"Performance audits (performance audits) are carried out due to public dissatisfaction with financial audits which only assess the fairness of financial statements. Performance checks are also carried out because many government performances are often in the public spotlight due to the large number of reports regarding cases of corruption, collusion and nepotism (KKN). So there is a need for research on performance audits conducted by the Audit Board of the Republic of Indonesia (BPK). The purpose of this study is to describe the implementation of the authority of the BPK Representative Office of Central Java Province in examining performance from aspects of economy, efficiency and effectiveness and to describe the division of tasks between BPK as an external auditor and the Government Internal Supervisory Apparatus (APIP) as an Internal Auditor in carrying out performance audits. . This study uses a qualitative approach with the type of Juridical Sociological research. Data collection techniques include interviews and document studies with BPK representatives of Central Java Province and DPRD Central Java Province. The performance audit is carried out by the BPK Representative for Central Java Province in semester 2 (July-November) in three stages, namely the audit planning stage, the audit implementation stage and the performance inspection reporting stage and providing recommendations. It can be seen that the results of performance audits in the Regional Government of Central Java Province have met the economic, efficiency and effectiveness aspects. The economic aspect is based on the fulfillment of criteria that have been determined and mutually agreed upon by the BPK and the Regional Government. The efficiency aspect is based on the fact that the local government has optimally used the available inputs so that the expected goals are achieved. The aspect of effectiveness can be seen from the limitations of the budget deficit and the budget allocation in the regional budget regulation in accordance with applicable regulations. The division of tasks between BPK and APIP is contained in the implementation of performance checks and follow-up. BPK conducts performance checks and provides recommendations, then APIP uses its internal oversight and guidance function to follow up on the recommendations made by BPK to entities. Through the existence of APIP, it can be seen that BPK is greatly assisted in the process of carrying out performance audits.","PeriodicalId":156893,"journal":{"name":"Indonesian State Law Review (ISLRev)","volume":"42 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133984035","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Implications of Emptying the Religion Column on the Identity Card for the Fulfillment of the Constitutional Rights of the Baha'i People","authors":"Anna Kostantia Panjaitan","doi":"10.15294/islrev.v1i1.26936","DOIUrl":"https://doi.org/10.15294/islrev.v1i1.26936","url":null,"abstract":"Religion's column is important are mandatory in the civil certificate, eg Identity Card. Discharging the column of religion in the National Identity Card made Baha'i faiths feel equivalent to Atheism. The purpose of this study to examine why people do not want to Baha'i religion column in the Identity Card emptied and the implications of emptying the religion column on the fulfillment of the constitutional rights of Baha'i. This study uses sociological juridical, with qualitative research approach. Sources of data in this study were obtained from a source of primary data and secondary data sources. The primary data obtained through interviews and documentation. While the secondary data is legislation, books, law journals, and previous research. The results showed that (1) People do not want to Baha'i religion column in the National Identity Card emptied because this is a violation of their constitutional rights as citizens of Indonesia, which is the constitution of his rights protected by the state. (2) The implications of emptying the column of religion in the identity cards of the constitutional rights of Baha'i to fulfill the marriage certificate, certificate of birth for children Baha'i. Discharging the column of religion in the National Identity Card is a violation of constitutional rights. It is very significant impact on the fulfillment of the constitutional rights of Baha'i.","PeriodicalId":156893,"journal":{"name":"Indonesian State Law Review (ISLRev)","volume":"118 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126891565","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Implementation of Law Number 14 of 2008 concerning Public Information Disclosure in Realizing Good Governance","authors":"Bertania Rizqi Triayuni","doi":"10.15294/islrev.v1i1.26939","DOIUrl":"https://doi.org/10.15294/islrev.v1i1.26939","url":null,"abstract":"Village asset management is very important in improving rural development and development and can realize good governance. Village asset management that is carried out in accordance with its competence and existing laws and regulations can realize good governance. In this study the author takes the formulation of the problem as follows: First, How is the application of Village asset regulations in realizing good governance in the Kandangmas Village, Dawe District, Kudus Regency? Second, What are the obstacles in implementing Village asset management in Kandangmas Village, Dawe District, Kudus Regency? This study uses the foundation of management theory and good governance as the basis for the management of village assets in Kandangmas Village. The principle of accountability from the concept of good governance is the principle of accountability of government in carrying out good governance affairs. The method used is a qualitative legal approach. This type of research is juridical-sociological. The focus of this research is to describe the implementation of Village asset management in Kandangmas Village. The study location was in Kandangmas Village, Dawe District, Kudus Regency. Research data sources use primary, secondary and tertiary data. Data collection techniques in the study are interviews, literature and documentation. Data validity in this study uses triangulation techniques in the form of source triangulation, technical triangulation and time triangulation. Analysis of this research data by examining all available data from various sources and then drawing a conclusion. Village asset management in Kandangmas Village still uses Kudus Regency Local Regulation Number 9 of 2008 concerning Amendment to the District Regulation Number 17 of 2006 concerning Village Finance as a basic guideline for managing village asset management. Village asset management practices only use the asset inventory stage. In the research principle of accountability the principle of accountability is that the village government must be responsible for the management of village assets. The constraints are only external and internal in the management of village assets in the Kandangmas Village, Dawe District, Kudus Regency. The conclusions of this study are Village asset management held in Kandangmas Village, Dawe District, Kudus Regency, which has not shown a good government in managing Village assets, because accountability principles have not been fulfilled in the concept of good governance and not in accordance with Laws and Regulations governing Village assets management . The Kandangmas Village Government immediately drafted a special Village regulation to regulate about Village asset management as a legal basis so that it can realize good governance in Kandangmas Village.","PeriodicalId":156893,"journal":{"name":"Indonesian State Law Review (ISLRev)","volume":"66 5","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134501110","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Harmonization of Natural Resource Utilization Rights by Indigenous Peoples in the Indonesian Legal System","authors":"Yunia Indah Setiawati","doi":"10.15294/islrev.v1i1.26937","DOIUrl":"https://doi.org/10.15294/islrev.v1i1.26937","url":null,"abstract":"The problem of natural resources aspects involving the indigenous people with the goverments and stakeholders become more sorious. The indigenous people’s position as the minority groups frequently experiencing suppression as the effect of the inforcement of a legislation. Some laws governing the natural resources and communal rights of the indigenous people are not compliance with UUPA as the main law governing the natural resources. According to the facts above, the writer conducted a research using the theory of law harmonization to find the point of problems with the aim of making it easier for the goverments to fix what should be fixed. This normative juridicial research used the method of data collection such as library reserach with the main sources were literature materials and used the research approecher such as statue approach and anality approach. The result of research indicated that there were law disharmony and inconsistent norm toward UUPA because it did not fully elaborated the contains. Many norms overtapped and potentially excluded the communal rights of the indigenous people in using the natural resources were still extremely weak and it caused material and immaterial losses for them.","PeriodicalId":156893,"journal":{"name":"Indonesian State Law Review (ISLRev)","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129828461","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Model Partisipasi Masyarakat Kabupaten Jepara dalam Pembentukan Peraturan Daerah (Studi Kasus Tentang Pembentukan Peraturan Daerah No. 9 Tahun 2013 Tentang Retribusi Pelayanan Pasar di Kabupaten Jepara)","authors":"Mirza Muhammad","doi":"10.15294/islrev.v2i1.38445","DOIUrl":"https://doi.org/10.15294/islrev.v2i1.38445","url":null,"abstract":"The purpose of the article is to describe the model of community participation in the formation of Law no. 9 of 2013 concerning Market Service Levies and discovering the obstacles. Conducting research occurs naturally, as is in normal situations, and emphasizes description naturally. Then the approach uses Sosiogis Juridical by looking at social geographical conditions which show that intense economic competition causes the orientation of society to tend to how their efforts to meet economic needs. The bureaucracy carried out by the government has not provided space for the public. Although the procedure in establishing a local regulation on market service fees involves various elements such as representatives of market traders, the process is only limited to formality. The community participation model of the Jepara Regency in the formation of a Regional Regulation has been quite high, but in the last 5 years, there has been a decrease in the level of community participation in the formation of a Regional Regulation. The low level of community participation in the formation of local regulations is due to the absence of a forum for channeling aspirations.","PeriodicalId":156893,"journal":{"name":"Indonesian State Law Review (ISLRev)","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-06-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129714655","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}