Criminal Accountability Against Illegal Civil Servant Salary Receipt in Criminal Acts of Corruption

The current study draws attention to analyze the right to salary of Civil Servant (PNS) undergoing legal proceedings and to analyze the qualifications of criminal act of corruption within the scope of the State Civil Apparatus. This study was an empirical legal research. The findings showed that the right to salary and benefits of Civil Servant undergoing legal proceedings was regulated in Article 281 of Law No. 11 of 2017 concerning Management of Civil State Apparatus that Civil Servant who were temporary dismissed due to detention of a suspect shall not be entitled to receive salary, but shall receive temporary dismissal pay. The amount of temporary dismissal pay is 50% (fifty percent) of the last salary as civil servant before being temporary dismissed in accordance with the laws and regulations. Temporary dismissal pay shall be received in the following month since the stipulation the temporary dismissal. On this basis, a comprehensive regulation is needed relating to supervisory oversight mechanism who made an omission against her subordinate civil servants who have committed disciplinary violations, especially those who were suspected of committing criminal act.

Public Services in Health Through Hospitals

Public service as mandated in the Law of the Republic of Indonesia Number 25 of 2009 concerning Public Services confirmed that public service is an activity or series of activities in order to fulfill service needs in accordance with laws and regulations for every citizen and resident on goods, services and/or administrative services provided by public service providers. Specifically, public services in the field of health, among others, stated that the authority of regions and cities is to administer minimum standards of health services, administer social health insurance, administer health service financing, conduct accreditation of health facilities and infrastructure and administer public health insurance systems.In its implementation there is still a Hospital in this case it can be considered that public services in health sectors have not been conducted properly or optimally because of its limitations, and therefore they have not been in accordance with the mandate of Law Number 25 of 2009 concerning Public Services and Health Laws and the Hospital Law, where there are still ethical and legal violations in conducting services.

The Effect of Village Formation on Regency/City Regional Finance in Papua Province

According to Minister of Home Affairs Regulation No. 56 of 2015 concerning Code and Data of Administrative Area, it is mentioned that Papua is one of 34 provinces in Indonesia with the highest number of villages by 5,419 villages, 110 urban villages, and 558 sub-districts scattered in 28 regencies and 1 city. The high number of villages in a regency/city area has an effect on the amount of village funds allocated by the Central or Provincial Governments for each district/city, thus affecting the amount of regency/city APBD. Village Fund Allocation is a manifestation of the fulfillment of the right for the village to implement the principle of autonomy for the village to grow and develop following the growth of the village itself, based on diversity, participation, original autonomy, democratization, and community empowerment. However, the increasing number of village formation burdened the government budget to finance the formation of new villages, so that the village formation had a significant and positive effect on the amount of regional finance, especially regency/city and provincial APBD. For example, in the 2016 fiscal year, Tolikara Regency had a total of 541 villages spreading across 46 districts and received the largest village fund allocation of Rp320.04 billion. Thus, Tolikara Regency ranked 1st with the most villages and the largest village fund in the Papua Province. In contrast, Jayapura City with a total of 13 villages was the regency/city with the least number of villages and the least amount of village fund of Rp. 12.51 billion.

Land Acquisition by the Government and the Impact for the Community

Land acquisition, unlike the purchase of land, is the forcible take-over of privately owned land by the government known as the process by which the government acquires private property for public purposes. Sociologically, land acquisition is more detrimental to the community because damage sometimes does not meet the needs of the community thus the community clearly denies and rejects to the land ownership even though in the end the Government or the State has the power to possess land by expropriating land rights.The purpose of the recent formulated writing is to find out how the impact of the exemption of land rights carried out by the government towards the community. With regard to this issue, this study uses normative method where this study only uses legal research conducted by examining library material resources, afterwards discussion and seeking the findings are carried out hence it can be concluded that the takeover of land rights carried out by the government is liberation through land rights, reformsof land rights by firstly conducting deliberations with appropriate and fair compensation, however in itsfactual implementation the land acquisition does not proceed smoothly due to the compensation value process was immeasurably far away from what is expected by the community thus the community intends to be disadvantaged in this position. On the other hand, in concerned with preserving land, the level of people’s understanding on property rights as well as the orientation of the public purposes is still very degraded.

Effectiveness of Forestry Police in Preventing Illegal Logging Activity in North Halmahera Regency

Illegal logging activity possess the greatest threat resulting in forest destruction due to illegal use of timber forest products in various forest areas in Indonesia, including in North Halmahera Regency. Through Law No. 41 of 1999 concerning forestry, forestry police was formed with special authority covering preventive measures, administrative and repressive operation to be able to maintain the implementation of optimal forest protection. Research method used was empirical legal research. The results indicated that illegal logging activities continued to occur in North Halmahera Regency due to the lack of awareness and desire of communities in the surrounding forest to prevent forest destruction activities, weak law enforcement against those who violate the Law in the forestry sector, and the lack of supporting facilities and infrastructure in carrying out forest protection activities and forest security. The various obstacles faced by the police in the scope of North Halmahera Regional Conservation Resort include the lack of legal socialization to the community, the absence of routine, sudden, and joint patrol activities in the forest area and the loss of coordination with agencies/institutions related to forest protection and security. This condition indicated that the Forestry Police (Polhut) in the scope of North Halmahera Regional Conservation Resort has not been optimal and effective in preventing illegal logging, so that it is necessary to strengthen the role of the Forestry Police in the future, and to make various per-emptive efforts, such as socializing the dangers of illegal logging and the importance of maintaining forest areas as a support for life in the future.

Protection of Plant Varieties In the Provisions of International Conventions

Plant varieties are part of biodiversity that needs to be protected both nationally and in the provisions of international conventions. This biodiversity is highly valuable because it is a part of genetic resources. The biodiversity needs to be maintained, preserved and protected to support economic development in the agricultural sector. The type of research used in examining legal issues was normative legal research. This study used statute approach, conceptual approach, and comparative approach. The results indicated that CBD granted the developing countries the rights to monitor access to genetic resources as a way to restore balance between developing countries and industrialized countries. The rights were granted to developing countries to optimally protect, preserve, regulate and support the utilization of germplasm. UPOV provided benefits to its member countries, in the form of: increasing activity and capital in breeding activities, providing more choices of plant varieties to farmers and consumers, increasing farmer income and developing rural areas and developing foreign markets. ITPGRFA protected the rights of farmers based on the contribution and role of farmers and the local community in preserving plant varieties that were partly from plant genetic resources belonging to Indonesia. CITES had a mission and goal to prevent the species of wild plants and animals from extinction in nature through the development of a system for controlling the trade of animal and plant species and their products internationally.

The Sociology of Law Study On the Impact of LGBT People In Social Life

The current research was carried out to determine the impact of Lesbian, Gay, Bisexual and Transgender (LGBT) phenomena in social life on the consequences. Conducted through qualitative method, such systematic approach was chosen because it was in line with the concept and scope of the problems related to issues, data or information on particular facts and events. The results of this study demonstrated that any behavior that was contrary with the expectations of society or did not conform to social norms and values were called as deviant behaviors. Currently, LGBT phenomena in Indonesia are still considered deviant and do not follow dominant norms in society. Phenomenon focuses its intervention on the process of interaction among well-beings and their environment, using theories of behavioral deviance in use, as tools or ways to govern the behaviors of community members to meet the norms and values in society. The findings of the present study revealed that LGBT has impacts on health, social, education, and also the security in society. Moreover, LGBT seen from the sociology of structural functionalism is kind of deviation because it is contrary to socially human nature and also contrary to the dominant values and norms in society.

Access To Justice Through Pro Bono Legal Aid

The concept of access to justice basically focuses on two basic objectives of the existence of a legal system, namely: First, the legal system shall be accessible to everyone from all walks of life. Second, the legal system shall be able to make fair provisions and decisions to all groups, both individually and in group. The basic idea to be prioritized in this concept is to achieve social justice for citizens of all walks of life. In this connection, the right to legal aid is a small part of the access to justice. The fulfillment of the right to legal aid as part of access to justice means that the state shall use all its resources to realize the rights to progressive legal aid.

Interpreting Between the Concept of Customary Law Community And the Concept of Indigenous People (A Theoretical Study)

The concept/term often used in the community and in the academic world is the concepts/terms of customary law community and indigenous people. In its development, there are those who equate the two concepts, and those that distinguish them according to their point of view. Therefore, the problems that arise in our society in everyday life are the difficulty to distinguish or interpret between the two concepts, namely: what the concept of indigenous people and the concept of indigenous peoples are, and how the background of the differences between the two concepts is. The method used in reviewing the problem above was normative legal research, by studying various literature/materials, both primary, secondary and tertiary legal materials. The concept of the customary law community and the concept of indigenous peoples are used in the same sense because the subjects are the same, even though theoretically and academically the concepts are different. The difference between these two concepts/terms is due to the emergence of historically different backgrounds, such as in aspect of language, users (people, scholar, entity or scientific field, all of which use the terms to give identity to certain group of people (as subject) in a certain area).

Notification Letter To Begin Investigation (SPDP) As Supervision and Control Function of Criminal Acts of Corruption Case Investigation

The procedural design of criminal case handling under the Criminal Procedure Code (KUHAP) places a Notification Letter to Begin an Investigation (SPDP) as an initial step in monitoring and controlling investigation. The KUHAP Control and Supervision Model by placing SPDP is lex specialis as the initial instrument of control and supervision of corruption case investigation, but this has undergone changes that can reduce the principle of functional coordination of investigation and at the same time negate the authority of the Public Prosecutor to follow up on investigation of corruption case due to the Decision of the Constitutional Court (MK) Number 130/PUU-XIII/2015. Thus, the Public Prosecutor is no longer in the position of supervisor and controller of investigation of corruption case, because the public prosecutor is only authorized as the apparatus of the investigation results, receives the minutes of investigation (BAP) and receives legal means of proof and suspects to proceed to the trial phase. The implementation of SPDP after the Constitutional Court Decision No. 130/PUU-XIII/2015 brings a new atmosphere in the criminal justice process specifically at the pre-trial phase that requires adjustments, and the rest cannot be accurately predicted, therefore it is recommended that the investigator of Indonesian National Police (Polri) can renew the Standard Operating Procedure in order to be more adaptive and professional.