scholarly journals The Construction of Law Neutrality of State Civil Apparatus in the Simultaneous Local Election in Indonesia

Yuridika ◽  
2019 ◽  
Vol 34 (2) ◽  
pp. 237
Author(s):  
Agus Riwanto
Keyword(s):  
Public Interest ◽  
Constitutional Law ◽  
Career Guidance ◽  
Central Government ◽  
Local Elections ◽  
Regional Autonomy ◽  
The Public ◽  
Local Election ◽  
Neutrality Of State ◽  
The Right

This article will examine and explore the urgency of the state's civil apparatus to be neutral in the simultaneous local election. State civil apparatus is an apparatus that works to serve the public interest rather than serve a particular group. That is why the need for the construction of constitutional law in an effort to create regulations in order the state civil apparatus has to be neutral. The construction by progressive constitutional law is by looking for new ways or role breaking and innovative breakthroughs, if the normal way and normative unable to immediately realize the objectives of the simultaneous local elections. There are three ways: First, to revoke the right to vote of state civil apparatus in the general election. Second, models political apointee  bureaucracy in the local government. Third, change the model of career guidance state civil apparatus fom government regional autonomy to the central government by rank or class.

scholarly journals KEABSAHAN PERATURAN DAERAH DALAM RANGKA PENYELENGGARAAN OTONOMI DAERAH

2017 ◽  
Vol 2 (1) ◽  
Author(s):  
Akhmad Nikhrawi Hamdie
Keyword(s):  
Public Interest ◽  
Central Government ◽  
General Interest ◽  
Regional Government ◽  
Economic Costs ◽  
Regional Autonomy ◽  
The Public ◽  
Public Interest Law ◽  
Regional Authority ◽  
Laws And Regulations

The existence of regional authority to make regional regulations for their own region based on the principle of regional autonomy does not mean that the regional government is sovereign, because supervision and supreme power still remain in the hands of the central government. According to Law Number 32 Year 2004 regarding Regional Government there are two signs that should not be violated by regional regulations, namely: (a) contrary to public interest, and / or (b) contrary to higher laws and regulations. Regarding the criterion is against the public interest, Law Number 32 Year 2004 does not regulate it clearly and specifically. However, Article 4 Paragraph (4) of Kepmendagri Number 41 Year 2001 concerning Technique of Represive Control of Regional Policies which is actually a regulation of the implementation of Law Number 22 Year 1999, declared the general interest as meant in Article 4 paragraph (3) letter a, Or customs prevailing in an area, such as religious norms, customs, culture, and morals, as well as things that burden the public and incur high economic costs. Meanwhile, the higher laws and regulations as referred to in Article 4 paragraph (3) b, covering the 1945 Constitution, MPR Decrees, Laws, Government Regulations, Presidential Decrees, and Ministerial Decrees.

The Constitutional Status of Human Dignity in Germany and Israel

2011 ◽  
Vol 44 (1-2) ◽  
pp. 25-61 ◽  
Author(s):  
Ariel L. Bendor ◽  
Michael Sachs
Keyword(s):  
Public Interest ◽  
Human Dignity ◽  
Constitutional Law ◽  
Comparative Law ◽  
Constitutional Rights ◽  
The Public ◽  
Comprehensive Comparison ◽  
Constitutional Right ◽  
The Right ◽  
Core Meaning

This article applies comparative law tools to portray eight significant aspects of the constitutional right to human dignity in Germany and Israel. The elements considered are: the constitutional status of human dignity; the nature of the right; its effect on other constitutional rights; its scope and definition; waiver of human dignity; human dignity after death; negative and positive aspects of the right; and the right to asylum. The textual foundations of the respective constitutional guarantees are as different as human dignity's core meaning. In Germany, such guarantees are held to be absolute, immune to restriction, and therefore quite narrow in scope. In Israel, the scope of the right is much broader, but it is subject to limitations when placed against the public interest. Still, based on the findings of our comprehensive comparison, similar dynamics can be identified in Germany and Israel The constitutional coverage of both absolute and relative principles is broad, as are the constitutional lacunas, which are those dimensions of constitutional law neglected by the written constitution.

scholarly journals PENATAAN KEWENANGAN PEMERINTAH DAERAH BIDANG PERTANAHAN DI MASA MENDATANG

2014 ◽  
Vol 6 (1) ◽  
Author(s):  
Musleh Herry
Keyword(s):  
Public Policy ◽  
Local Government ◽  
Public Interest ◽  
Government Regulation ◽  
Central Government ◽  
The State ◽  
Decentralized System ◽  
Regional Autonomy ◽  
The Public

Making a policy (regelgeving) is one of the functions of government. The fact that all citizens are  always  in contact with the  public policy  issued  by  governments, particularly concerning public interest. The development of the concept of state right to control the land started  from  the constitution which is then poured in the Agraria Law. Tenure by the State is not only done by the central government, but also by the local government  through a process of devolution of authority  in line with  the spirit of  regional  autonomy laws. However, with the issuance of Government Regulation No. 38 of 2007,  the fact that majority of  the state's power in land  still held by the central government on behalf of  the state. This realitiy shows  that the governenment failed  to establish a decentralized system in the land sector.

PERIMBANGAN KEUANGAN ANTARA PEMERINTAH PUSAT DENGAN PEMERINTAH DAERAH DALAM PENGELOLAAN KEUANGAN DAERAH

2016 ◽  
Vol 42 (1) ◽  
pp. 1
Author(s):  
Edward Hutagalung
Keyword(s):  
Local Government ◽  
Central Government ◽  
Local Authorities ◽  
Fiscal Capacity ◽  
Regional Autonomy ◽  
The Public ◽  
Delegation Of Authority ◽  
Regional Authority ◽  
Local Sources ◽  
Tax Sharing

The fi nancial relationship between central and local government can be defi ned as a system that regulates how some funds were divided among various levels of government as well as how to fi ndsources of local empowerment to support the activities of the public sector.Fiscal decentralization is the delegation of authority granted by the central government to theregions to make policy in the area of   fi nancial management.One of the main pillars of regional autonomy is a regional authority to independently manage thefi nancial area. State of Indonesia as a unitary state of Indonesia adheres to a combination of elementsof recognition for local authorities to independently manage fi nances combined with the element oftransferring fi scal authority and supervision of the fi scal policy area.General Allocation Fund an area allocated on the basis of the fi scal gap and basic allocation whilethe fi scal gap is reduced by the fi scal needs of local fi scal capacity. Fiscal capacity of local sources offunding that comes from the area of   regional revenue and Tax Sharing Funds outside the ReforestationFund.The results showed that the strengthening of local fi scal capacity is in line with regional autonomy.

Tanggung Jawab Hukum Penilai Publik terhadap Laporan Penilaian Kegiatan Pengadaan Tanah bagi Pembangunan untuk Kepentingan Umum (Studi Atas Kantor Jasa Penilai Publik Toto Suharto)

2020 ◽  
Vol 2 (1) ◽  
Author(s):  
Gagah Yaumiyya Riyoprakoso ◽  
AM Hasan Ali ◽  
Fitriyani Zein
Keyword(s):  
Future Development ◽  
Public Interest ◽  
Legal Responsibility ◽  
Legal Research ◽  
The Public ◽  
The Government ◽  
Conducting Research ◽  
The Right ◽  
The Relationship ◽  
Systematic Explanation

This study is based on the legal responsibility of the assessment of public appraisal reports they make in land procurement activities for development in the public interest. Public assessment is obliged to always be accountable for their assessment. The type of research found in this thesis is a type of normative legal research with the right-hand of the statue approach and case approach. Normative legal research is a study that provides systematic explanation of rules governing a certain legal category, analyzing the relationship between regulations explaining areas of difficulty and possibly predicting future development. . After conducting research, researchers found that one of the causes that made the dispute was a lack of communication conducted between the Government and the landlord. In deliberation which should be the place where the parties find the meeting point between the parties on the magnitude of the damages that will be given, in the field is often used only for the delivery of the assessment of the compensation that has been done.

Freedom of Expression versus Privacy and the Right to Reputation

2017 ◽  
Author(s):  
Dirk Voorhoof
Keyword(s):  
Public Interest ◽  
Freedom Of Expression ◽  
Media Freedom ◽  
Investigative Journalism ◽  
The Public ◽  
The Right Of Privacy ◽  
The One ◽  
Grand Chamber ◽  
The Right ◽  
The Impact

The normative perspective of this chapter is how to guarantee respect for the fundamental values of freedom of expression and journalistic reporting on matters of public interest in cases where a (public) person claims protection of his or her right to reputation. First it explains why there is an increasing number and expanding potential of conflicts between the right to freedom of expression and media freedom (Article 10 ECHR), on the one hand, and the right of privacy and the right to protection of reputation (Article 8 ECHR), on the other. In addressing and analysing the European Court’s balancing approach in this domain, the characteristics and the impact of the seminal 2012 Grand Chamber judgment in Axel Springer AG v. Germany (no. 1) are identified and explained. On the basis of the analysis of the Court’s subsequent jurisprudence in defamation cases it evaluates whether this case law preserves the public watchdog-function of media, investigative journalism and NGOs reporting on matters of public interest, but tarnishing the reputation of public figures.

RIGHT OF ACTION TO CHALLENGE TRANSACTIONS THAT RESULT IN FOREIGN INVESTORS GAINING CONTROL OVER BUSINESS ENTITIES OF STRATEGIC IMPORTANCE

2021 ◽  
Vol 11 (4) ◽  
pp. 112-138
Author(s):  
D.A. FEDYAEV
Keyword(s):  
Public Interest ◽  
Developed Countries ◽  
Foreign Investor ◽  
Foreign Investors ◽  
The Public ◽  
Right Of Action ◽  
Judicial Proceedings ◽  
The Law ◽  
Business Entities ◽  
The Right

In the Russian Federation, as in a number of other economically developed countries, there are legal restrictions on the admission of foreign investors to participate in commercial corporate organizations of strategic importance for national defence and state security. Failure by foreign investors to comply with this mechanism leads to the nullity of transactions and, as a consequence, to legal disputes, the subject of which are mainly restitution claims. There have been numerous problems and academic debates in recent court practice regarding the reasons and the possibility of satisfying such claims. In particular, in view of the changed circumstances after the conclusion of the contested transaction, the real public interest is not always visible pursued by the claim for application of consequences of its invalidity. The author proposes that in the course of judicial proceedings in such cases, when the defendant raises the relevant reasoned objections, not only to state the fact of violation of the law by a foreign investor, but also to reveal the public interest defended by the foreign investor. The author proposes that, in such cases, the defendant’s arguments should not be limited to stating that the foreign investor has breached the law. If one is not established, a claim may be dismissed under certain conditions, taking into account established doctrinal approaches to the understanding of the right of action.

scholarly journals ANALISIS PENGUKURAN KINERJA PEMERINTAH DAERAH DALAM ERA OTONOMI DAERAH DI KABUPATEN SORONG PROVINSI PAPUA BARAT

2018 ◽  
Vol 14 (1) ◽  
Author(s):  
Yohanis S. Ulimpa ◽  
Jullie J. Sondakh ◽  
Treesje Runtu
Keyword(s):  
Public Sector ◽  
Performance Measurement ◽  
Central Government ◽  
Performance Indicator ◽  
Regional Autonomy ◽  
The Public ◽  
Performance Accountability ◽  
District Government ◽  
Papua Barat

In line with regional autonomy that is oriented towards empowerment (emporwerment) and community guidance in the implementation of clean authority and free of corruption, collusion and nepotism, the public sector is often regarded as a nest of wasteful efficiency and institutional fund leakage that always loses money. But the public sector still has wide opportunities to improve the performance of the benefits of resources economically, effectively and efficiently. Knowing the performance measurement of the Sorong Regency government. Knowing the role of indicators in the Sorong Regency government. The method used in this study is descriptive qualitative. The result is the performance measurement of the local government is carried out because of the provisions of the central government to make performance accountability reports for each government agency.Keywords :Performance Measurement, Performance Indicator, LAKIP, Sorong District Government   

scholarly journals Governing Knowledge: Intellectual Property Management for Development and the Public Interest

2015 ◽  
Vol 66 ◽  
pp. 69-88
Author(s):  
Leonardo Burlamaqui
Keyword(s):  
Intellectual Property ◽  
Public Interest ◽  
Public Domain ◽  
Policy Recommendations ◽  
Public And Private ◽  
The Public ◽  
Private Interests ◽  
Intellectual Property Management ◽  
Analytical Perspective ◽  
The Right

The core point of this paper is the hypothesis that in the field of intellectual property rights and regulations, the last three decades witnessed a big change. The boundaries of private (or corporate) interests have been hyper-expanded while the public domain has significantly contracted. It tries to show that this is detrimental to innovation diffusion and productivity growth. The paper develops the argument theoretically, fleshes it out with some empirical evidence and provides a few policy recommendations on how to redesign the frontiers between public and private spaces in order to produce a more democratic and development-oriented institutional landscape. The proposed analytical perspective developed here, “Knowledge Governance”, aims to provide a framework within which, in the field of knowledge creation and diffusion, the dividing line between private interests and the public domain ought to be redrawn. The paper’s key goal is to provide reasoning for a set of rules, regulatory redesign and institutional coordination that would favor the commitment to distribute (disseminate) over the right to exclude.Keywords: knowledge management, intellectual property, patent, public, interest, public sector, private sector, socioeconomic developmen

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