scholarly journals Pancasila as a Legal Development

2020 ◽  
Vol 1 (1) ◽  
pp. 1-7
Author(s):  
Asip Suyadi
Keyword(s):  
National Development ◽  
The State ◽  
Basic Principles ◽  
Legal Development ◽  
The Past ◽  
Unitary State ◽  
Starting Point ◽  
The Republic ◽  
Development Paradigm ◽  
Research Show

Pancasila experiences ups and downs of development, not due to the weakness of the values contained therein, but rather leads to inconsistencies in its application. In line with the acceptance of the truth of noble values of Pancasila then drove the flow and spirit to make Pancasila as a paradigm. History also noted how from the past until now Pancasila often get a challenge that resulted in the crisis for the existence of the Indonesian nation. The challenge faced by Pancasila as the view of life and the foundation of the state is always directly proportional to the challenges faced by the Unitary State of the Republic of Indonesia as a whole. Paradigm is actually a way of view, values, methods, basic principles to solve a problem faced by a nation into the future. The results of research show First, Philosophically the essence of Pancasila as the paradigm of legal development contains a consequence that all aspects of legal development within the framework of national development should be based on the nature of Pancasila values; Secondly, As a legal development paradigm, Pancasila wants that development in society becomes the starting point of the existence of a legal product.

scholarly journals The Practice of General Data Protection Regulations Fine and Penalty on Google Inc. vs CNIL Case

2020 ◽  
Vol 2 (1) ◽  
pp. 1-7
Author(s):  
Maskun ◽  
Rian Nugraha
Keyword(s):  
Data Protection ◽  
National Development ◽  
Basic Principles ◽  
Legal Development ◽  
The Past ◽  
Starting Point ◽  
General Data ◽  
The Republic ◽  
Development Paradigm ◽  
Research Show

Pancasila experiences ups and downs of development, not due to the weakness of the values contained therein, but rather leads to inconsistencies in its application. In line with the acceptance of the truth of noble values of Pancasila then drove the flow and spirit to make Pancasila as a paradigm. History also noted how from the past until now Pancasila often get a challenge that resulted in the crisis for the existence of the Indonesian nation. The challenge faced by Pancasila as the view of life and the foundation of the state is always directly proportional to the challenges faced by the Unitary State of the Republic of Indonesia as a whole. Paradigm is actually a way of view, values, methods, basic principles to solve a problem faced by a nation into the future. The results of research show First, Philosophically the essence of Pancasila as the paradigm of legal development contains a consequence that all aspects of legal development within the framework of national development should be based on the nature of Pancasila values; Secondly, As a legal development paradigm, Pancasila wants that development in society becomes the starting point of the existence of a legal product.

scholarly journals Tolak Ukur Pembebasan Pajak Bagi Lembaga Perkreditan Desa (LPD) Di Wilayah Provinsi Bali

2020 ◽  
Vol 2 (2) ◽  
pp. 58-72
Author(s):  
I Wayan Bandem ◽  
I Nyoman Suandika
Keyword(s):  
Rural Communities ◽  
National Development ◽  
Provincial Government ◽  
Customary Law ◽  
Regional Government ◽  
Microfinance Institutions ◽  
Unitary State ◽  
Starting Point ◽  
The Republic ◽  
The Government

As Article 1 paragraph (3) of the State Constitution of the Republic of Indonesia is the stateof Indonesia is a state of law. Understanding the rule of law is simply a country whose administrationof power is based on law. and Article 1 paragraph (1) of the 1945 Constitution that the Indonesian stateis a Republican unitary state with a government structure that is the Government, Provincial RegionalGovernment, Regency / City Regional Government and the lowest government is the VillageGovernment which has their respective leaders based on legislation applicable legislation. Inconnection with the establishment of the LPD in article 33 of the 1945 Constitution and in Article 18Bparagraph (2) of the 1945 Constitution of the Republic of Indonesia which reads "that the staterecognizes and respects customary law units and their traditional rights insofar as it is still alive andin accordance with the development of society and the principle of the unitary State of the Republic ofIndonesia, which is regulated in law. So the provincial government of Bali based on the Rural CreditSeminar dated February 21, 1984 in Semarang The Governor of Bali initiated the establishment ofVillage Heritage Institutions (LPD) in the province of Bali in the role of national development with theaim of: 1) Encouraging economic development in rural communities through targeted savings andeffective capital distribution; 2) Eradicating the practice of bondage, illegal pawns, and others in thecountryside; 3) Creating business opportunities for villagers and rural workers, and; 4) Increasingpurchasing power and facilitating traffic payments and circulation So that the authors are interested inexamining the Tax Exemption Benchmark for LPDs in Bali Province with the research method used isjuridical-normative research. Taking into account that the starting point of research on legislation andthe fact that it began from the founding of the LPD in 1984 until now has not been taxed. In the courseof its operation the LPD in Bali by the three Ministers in 2009 issued a Joint Decree of the Minister ofFinance, Minister of Home Affairs, Minister of State for Koprasi and Small and Medium Enterprisesand Governor of Bank Indonesia Number.351.1 / KMK.010 / 2009, Number 900-639A in 2009, Number01 / SKB / M.KUKM / IX / 2009, Number 11 / 43A / KRP.GBI / 2009 concerning the DevelopmentStrategy of Microfinance Institutions. Affirmed through a letter from the Minister of Home AffairsNumber 412.2 / 3883 / SJ dated November 4, 2009 to the managers of institutions microfinance thatdoes not yet have a clear institutional status based on the prevailing laws and regulations. So that theGovernor of Bali Made Mangku Pastika on behalf of the provincial government of Bali submits a Letterof Governor of Bali Number 900/8999 / PLP. Ekbang dated 15 December 2009 to Minister of InternalAffairs The Republic of Indonesia prihal; The Strategy for the Development of MicrofinanceInstitutions. Thus, with the issuance of Law Number 1 of 2013 concerning Microfinance Institutions(MFIs), it was stated that the Village Credit Institutions and Pitih Negari Granaries and institutionsthat existed before the Laws were in effect were declared to be based on adat and not subject to thisLaw. The real benefits of the existence of LPD can be proven by the distribution of net profits each yearas profit retribution by dividing the following: 60% for fertilizing LPD business capital, 10%production services for labor, contributions to Indigenous Villages 20% for development funds inPakraman Village, as well as 5% for social funds, and 5% for empowerment funds deposited by theLPD at the agency / agency that is given the authority to regulate and manage them based on the Perdaand Decree of the Governor of Bali.

scholarly journals Pengakuan dan Perlindungan Hukum Terhadap Eksistensi Pemerintahan Adat

SASI ◽  
2020 ◽  
Vol 26 (2) ◽  
pp. 188 ◽  
Author(s):  
Jenny Kristiana Matuankotta
Keyword(s):  
Indigenous Peoples ◽  
The State ◽  
Customary Law ◽  
Legal Recognition ◽  
Regional Policies ◽  
Unitary State ◽  
The Republic ◽  
Research Show

The existence of Customary Law Communities in Indonesia, including Customary Law Communities in the State of Eti, West Seram Regency is a fact in the life of the nation and the State in the Unitary State of the Republic of Indonesia. The existence of the Customary Law Community, including its Customary Government system, should also receive legal recognition and protection in accordance with constitutional recognition as regulated in the 1945 Constitution of the Republic of Indonesia Article 18B Paragraph (2). The results of the research show that although the existence of constitutional communities has been recognized constitutionally by the State, the implementation of regional policies related to the recognition and protection of indigenous peoples including their customary government has not been recognized in regional regulations that contain such recognition.

OWNERSHIP IN THE REPUBLIC OF MACEDONIA AND THE STATE AS THE HOLDER OF THE PROPERTY RIGHT UNDER THE CONSTITUTION IN 1991

2018 ◽  
Vol 28 (6) ◽  
pp. 1993-2005
Author(s):  
Shemsije Demiri ◽  
Rudina Kaja
Keyword(s):  
Legal Aspect ◽  
State Ownership ◽  
The State ◽  
Point Of View ◽  
State Function ◽  
Dominant Form ◽  
Republic Of Macedonia ◽  
General Terms ◽  
Starting Point ◽  
The Republic

This paper deals with the right to property in general terms from its source in Roman law, which is the starting point for all subsequent legal systems. As a result of this, the acquisition of property rights is handled from the historical point of view, with the inclusion of various local and international literature and studies, as well as the legal aspect devoted to the respective civil codes of the states cited in the paper.Due to such socio-economic developments, state ownership and its ownership function have changed. The state function as owner of property also changed in Macedonia's property law.The new constitutional sequence of the Republic of Macedonia since 1991 became privately owned as a dominant form of ownership, however, state ownership also exists.This process of transforming social property into state or private (dissolves), in Macedonia starts from Yugoslavia through privatization, return and denationalization measures, on which basis laws on privatization have been adopted. Because of this, there will be particularly intensive negotiations regaring the remaining state assets.

The Republic Was an Empire

2020 ◽  
pp. 139-155
Author(s):  
Jonathan Scott
Keyword(s):  
The Netherlands ◽  
The State ◽  
Political Union ◽  
The Past ◽  
Imperial Ideology ◽  
Military Revolution ◽  
The Republic ◽  
The Moment ◽  
Dutch Model

This chapter deals with the circumstances leading to the first of three Anglo-Dutch wars. Beginning with a proposal for political union, the chapter addresses the growing animosity between the English and the Dutch through two major themes. In the first place, from the moment of its foundation the English republic was, and behaved like, an empire. Second, it was the product, as in the Netherlands, of a rebellion and fiscal/military revolution which built the state. More than its Dutch model, the English republic entailed a sharp, indeed spectacular, break with the past, accompanied by a revolutionary as well as an imperial ideology.

scholarly journals Makna Penting Demokrasi dan Musyawarah Bagi Keutuhan Bangsa Indonesia

2021 ◽  
Author(s):  
NAVI GITA MAULIDA
Keyword(s):  
The State ◽  
National State ◽  
Unitary State ◽  
Democratic State ◽  
The World ◽  
State Construction ◽  
The Will ◽  
The Republic ◽  
Historical Trajectory ◽  
As If

The Unitary State of the Republic of Indonesia (NKRI) based on the historical trajectory of the struggle, has the only state construction in the world where the nation is born first, then forms the state. The first President of the Republic of Indonesia Ir. Soekarno emphasized that the Unitary State is a National State. The purpose of the Indonesian nation to be born, independent, and to form a state has one goal, the will to elevate the dignity and life of the Indonesian people (Indonesian People's Sovereignty). Through an analysis of the reality of today's life, the Indonesian nation has lived in a condition of life order as if it were the same as a democratic state, namely that the first state was formed and the nation was born later. So that the sovereignty of the Indonesian people based on the principles of deliberation and representation has not been able to be realized.

scholarly journals Potik Hukum Pemerintahan Desa

2019 ◽  
Vol 1 (2) ◽  
pp. 208
Author(s):  
Dodi Jaya Wardana
Keyword(s):  
The State ◽  
Regional Government ◽  
Unitary State ◽  
Regulatory Law ◽  
The Republic ◽  
Village Government

The State recognizes and respects regional government units that are special or special in nature which are regulated by law. Second, the State recognizes indigenous and tribal peoples' units along with their traditional rights insofar as they are alive and in accordance with the development of society and the principles of the Unitary State of the Republic of Indonesia, which are regulated in law. Politics of village government law, it cannot be separated from 3 (three) main bases, namely philosophical, sociological and juridical basis. The politics of regulatory law above are the basis for legal politics for regulations that are below, so that there should not be any universal inconsistencies. In addition, horizontally the legal politics of legislation must also be consistent

scholarly journals Political clientelism in Serbian media - the case of the Tanjug news agency

Sociologija ◽  
2021 ◽  
Vol 63 (1) ◽  
pp. 72-95
Author(s):  
Smiljana Milinkov ◽  
Dinko Gruhonjic
Keyword(s):  
Legal Status ◽  
The State ◽  
State Agency ◽  
State Budget ◽  
News Agency ◽  
The Media ◽  
Media Work ◽  
The Republic ◽  
Research Show ◽  
Political Clientelism

The paper problematizes the presence of political clientelism in the media in the Republic of Serbia. The aim of this research is to point out the examples of establishing mechanisms of clientelistic practice in the media, using the News agency Tanjug as an example. Three analytical categories, which are relevant for perceiving the problem of clientelism, have been included: regulatory framework, financial allocations from the state budget and the reporting of the news agency Tanjug. The results of the research show that the illegal functioning, the unsolved ownership issue, non-transparent financing and unprofessional reporting are characteristics of the media work of Tanjug agency. According to the law, the former state agency was scheduled to stop work by the end of 2015. However, Tanjug still, with unclear legal status and significant financial help from the state, publishes information, some of which were proven to be disinformation. The analysis of examples of unobjective and unprofessional reporting points out to the ignoring of public interest, in order to satisfy the particular interest of the governing political structure, which financially makes Tanjug?s functioning possible, in an illegal manner. This case represents a closed circle of interrelationships on the relation politics-economy-media, through which clientelism is defined, using quid pro quo practice.

scholarly journals Cybersecurity Policy and Its Implementation in Indonesia

2016 ◽  
Vol 4 (1) ◽  
pp. 61 ◽  
Author(s):  
Muhamad Rizal ◽  
Yanyan Yani
Keyword(s):  
Cyber Security ◽  
Cyber Attacks ◽  
The State ◽  
Nation State ◽  
Counter Measures ◽  
Cyber Threats ◽  
Unitary State ◽  
The Republic ◽  
The Government ◽  
State Defense

The purpose of state defense is to protect and to save the integrity of the Unitary State of the Republic of Indonesia, the sovereignty of the state, as well as its security from all kinds of threats, whether they are military or non-military ones. One of the non-military threats that potentially threatens the sovereignty and security of the nation-state is the misuse of technology and information in cyberspace. The threat of irresponsible cyber attacks can be initiated by both state and non-state actors. The actors may be an individual, a group of people, a faction, an organization, or even a country. Therefore, the government needs to anticipate cyber threats by formulating cyber security strategies and determining comprehensive steps to defend against cyber attacks; its types and the scale of counter-measures, as well as devising the rules of law. 

scholarly journals Rekonstruksi Politik Hukum Pidana Nasional (Telaah Kritis Larangan Analogi dalam Hukum Pidana)

2016 ◽  
Vol 12 (3) ◽  
pp. 524
Author(s):  
Tongat Tongat
Keyword(s):  
Criminal Law ◽  
Paradigm Shift ◽  
The State ◽  
Law Reform ◽  
Basic Principles ◽  
Draft Code ◽  
The Republic

A paradigm shift in the state of life—especially post the Constitution of the Republic of Indonesia 1945 amendments—have not been fully understood  properly. Up to now—included in the lawless life—is still a gap between the paradigm and its implementation . This paradigmatic gap visible example of the lack of a comprehensive implementation of the basic principles of the Constitution of the Republic of Indonesia 1945 in a national criminal law reform ( draft Code of Criminal Law ) . The draft Code of Criminal Law as one form of national criminal law reform is seen has not fully represent constitution demands. Prohibiting the   use of analogy in criminal law is still seen at odds with the provisions of Article 1 ( 3 ) of the Constitution of the Republic of Indonesia 1945. The gap is not only paradigmatic potential to cause difficulties in its application, but also potentially the cancellation clause in the legislation  concerned.

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