"The law was actually drafted by us but the Government is to be congratulated on its wise actions": British American Tobacco and public policy in Kenya

This paper attempts to examine the authority of the Regional Government following the amendment of the Regional Government Law Number 32 of 2004 to Law No. 23 of 2014. The compilation of this paper is based on a review of Library and Legislation. One of the important points in the amendment of the Law on Regional Government relates to the authority of the Regional Government in the Management of Mineral Resources. The implications of the amendments to the Law on Regional Government include the decreasing authority of the Government of Tinggua II related to the granting of permits and supervision of the utilization of energy and natural resources in the area of regencies / cities in Indonesia. public policy making (public policy making). Energy and Mineral Resources have now played a very important role in the development of the Indonesian economy, which serves as one of the backbone of state revenue. The management of Natural Resources needs to be done optimally, efficiently, transparently, sustainably and environmentally sound, and equitable in order to gain the greatest benefit for the people's sustainable prosperity.

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Liberalisasi Importasi Produk Pertanian dalam UU Cipta Kerja dari Pemikiran Hukum Progresif

PROGRESIF: Jurnal Hukum ◽

10.33019/progresif.v15i2.1779 ◽

2020 ◽

Vol 15 (2) ◽

pp. 136-168

Author(s):

Kessa Hendriyanto

Keyword(s):

Public Policy ◽

Job Creation ◽

Small Farmers ◽

Right To Life ◽

The Law ◽

The Government ◽

Food Imports

Regulations are chosen as a means to realizizing public policy by the Government. Law Number 11 of 2020 concerning Job Creation (Job Creation Law), as an omnibus law, was formed to create a conducive climate for investment by reforming regulations in the field of business licensing. In its journey, the Job Creation Law is inseparable from various polemics, starting from the reporting stages of the material regulated in it, including efforts to liberalize food import policy. Allegedly, the presence of the Job Creation Law is injustice and negates the little people. The progressive law put forward by Satjipto Rahardjo adheres to the understanding that law is said to be progressive when the law favors the weak, the law must be pro-justice and pro-people. Based on the study and analysis of progressive law on the Job Creation Law, it can be said that the content of the Job Creation Law in agriculture which is an effort to liberalize food imports is also not in line with progressive law because it does not pay attention to the interests of small farmers because it reduces farmers' right to life.

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PRO KONTRA PROSES PENGESAHAN UU NO. 16 TAHUN 2017, SERTA IMPLEMENTASI DAN IMPLIKASINYA TERHADAP ORGANISASI MASYARAKAT

AS-SIYASAH: Jurnal Ilmu Sosial Dan Ilmu Politik ◽

10.31602/as.v6i1.4311 ◽

2021 ◽

Vol 6 (1) ◽

pp. 1

Author(s):

Fadli Afriandi ◽

Fachriza Ariyadi

Keyword(s):

Public Policy ◽

Qualitative Methods ◽

Policy Process ◽

Community Organization ◽

Community Organizations ◽

Library Research ◽

Public Policy Process ◽

Party Ideology ◽

The Law ◽

The Government

This paper looks at how a public policy process is issued, implemented, and its implications. The policy issued was the stipulation of Law no. 16 of 2017 (Law on community organizations) in lieu of Perppu No. 2 of 2017 (Perppu for community organizations). The main thesis proposed in this paper is that the policy of passing the law on community organizations is an attempt by the state to protect the Pancasila ideology, which is the sole ideology in Indonesia. This paper is prepared using qualitative methods by collecting data through Library Research. The findings of this study are that the issuance of the first law on community organizations cannot be separated from debates in parliament. The parties in parliament are inconsistent with their party ideology. Supporting or rejecting the law on community organizations is based on the pragmatic interests of the party. Secondly, the existence of the Community Organization Law makes it difficult for community organizations to stand and makes it easier for the government to dissolve community organizations that are not under Indonesian ideology. Third, the first community organization that was dissolved after the law on community organizations took effect was the Islamic Defenders Front (FPI).

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Pengaturan Waralaba Di Indonesia: Perspektif Hukum Bisnis

Liquidity ◽

10.32546/lq.v1i2.146 ◽

2018 ◽

Vol 1 (2) ◽

pp. 159-166

Author(s):

Muchtar Riva’i

Keyword(s):

Government Regulation ◽

Small And Medium Enterprises ◽

Economic Community ◽

The Law ◽

The Government ◽

Medium Enterprises ◽

Article 5 ◽

Laws And Regulations

The law arrangement of franchise law was first explicitly regulated by the Government Regulation No. 16 of 1997 which is then updated by Government Regulation No. 42 of 2007 to be created in an agreement that at least contains clauses as stipulated by Article 5 of the Government Regulation. However, franchise arrangements also associated with a variety of other laws and regulations applicable in Indonesia. This article is going to state that the importance of partnerships with small and medium enterprises as an effort to encourage the involvement of the wider economic community.

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Peranan KPPU Bagi Pemangku Kepentingan Dalam Menegakkan Undang-Undang Larangan Praktik Monopoli Di Indonesia

Liquidity ◽

10.32546/lq.v3i2.96 ◽

2018 ◽

Vol 3 (2) ◽

pp. 190-200

Author(s):

Muchtar Riva’i ◽

Darwin Erhandy

Keyword(s):

Stakeholder Participation ◽

The People ◽

The Law ◽

The Government ◽

Law Commission

The establishment of the KPPU is to control the implementation of the Act. No. 5/1999 on Concerning the Ban on Monopolistic Practices and Unfair Business Competition in Indonesia. Various duties and authority of the KPPU contained in Article 35 and Article 36 of the Act. But in reality, KPPU does not have executorial rights so that the various decisions of the commission often could not be implemented. Therefore internally strengthening of institutional existence by way of amending the Law Commission is very appropriate to be used by the government and parliament agenda. Externally, stakeholder participation is something very urgent and that the KPPU’s strategic optimally capable of performing their duties according to its motto: “Healthy competition Welfare of the people”.

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EFFECT OF DIGITAL COMMUNITY TOWARDS DEMOCRACY PROCESS: DIGITAL PARTISIPATION ANALYSIS IN INDONESIA

Jurnal Good Governance ◽

10.32834/gg.v15i2.123 ◽

2020 ◽

Vol 15 (2) ◽

Author(s):

Alih Aji Nugroho

Keyword(s):

Public Policy ◽

Social Media ◽

Political Participation ◽

Public Space ◽

Rapid Development ◽

Critical Mass ◽

Digital Society ◽

Digital World ◽

Digital Community ◽

The Government

The world is entering a new phase of the digital era, including Indonesia. The unification of the real world and cyberspace is a sign, where the conditions of both can influence each other (Hyung Jun, 2018). The patterns of behavior and public relations in the virtual universe gave rise to new social interactions called the Digital Society. One part of Global Megatrends has also influenced public policy in Indonesia in recent years. Critical mass previously carried out conventionally is now a virtual movement. War of hashtags, petitions, and digital community comments are new tools and strategies for influencing policy. This paper attempts to analyze the extent of digital society's influence on public policy in Indonesia. As well as what public policy models are needed. Methodology used in this analysis is qualitative descriptive. Data collection through literature studies by critical mass digital recognition in Indonesia and trying to find a relationship between political participation through social media and democracy. By processing the pro and contra views regarding the selection of social media as a level of participation, this paper finds that there are overlapping interests that have the potential to distort the articulation of freedom of opinion and participation. - which is characteristic of a democratic state. The result is the rapid development of digital society which greatly influences the public policy process. Digital society imagines being able to participate formally in influencing policy in Indonesia. The democracy that developed in the digital society is cyberdemocracy. Public space in the digital world must be guaranteed security and its impact on the policies that will be determined. The recommendation given to the government is that a cyber data analyst is needed to oversee the issues that are developing in the digital world. Regulations related to the security of digital public spaces must be maximized. The government maximizes cooperation with related stakeholders.Keywords: Digital Society; Democracy; Public policy; Political Participation

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Regulatory Guillotine in the Field of Industrial Safety

Occupational Safety in Industry ◽

10.24000/0409-2961-2020-11-22-28 ◽

2020 ◽

pp. 22-28

Author(s):

E.V. Klovach ◽

◽

A.S. Pecherkin ◽

V.K. Shalaev ◽

V.I. Sidorov ◽

...

Keyword(s):

Russian Federation ◽

Preventive Measures ◽

Regulatory System ◽

Industrial Safety ◽

State Control ◽

Regulatory Impact ◽

The Russian Federation ◽

The Law ◽

The Government ◽

Executive Body

In Russia, the reform of the regulatory guillotine is being implemented in the field of control and supervisory activity. It should result in a new regulatory system formed according to the principles specified in the key federal laws: «On state control (supervision) and municipal control in the Russian Federation» (Law on Control) and «On mandatory requirements in the Russian Federation» (Law on Mandatory Requirements) adopted in August 2020. In the field of industrial safety, this process was launched by the Decree of the Government of the Russian Federation № 1192, which will come into force on January 1, 2021. The main provisions are discussed in the article, which are related to the Law on Control and the Law on Mandatory Requirements. The Law on Control establishes the priority of preventive measures aimed at reducing the risk of causing harm in relation to the control activities, the grounds for carrying out control (supervisory) activities, the types of these activities in the forms of interaction with the controlled person and without such, the procedure for presentation of the results of control (supervisory) activity. The Law on Mandatory Requirements establishes that the provisions of regulatory legal acts should enter into force either from March 1 or September 1, but not earlier than 90 days after their official publication, and their validity period should not exceed 6 years. The drafts of regulatory legal acts developed by the federal executive bodies are subject to regulatory impact assessment. With a view to ensuring systematization of mandatory require ments, their register is kept. The federal executive body prepares a report on the achievement of the goals of mandatory requirements introduction. By January 1, 2021, 10 resolutions of the Government of the Russian Federation, 48 federal norms and rules in the field of industrial safety and 9 other regulatory legal acts of Rostechnadzor should be adopted. The drafts of all the documents are already prepared, some of the acts are completing the process of discussion and approval.

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Penerapan Hukum Wakaf Uang di Indonesia Perspektif Legal System Theory

Al-Manahij Jurnal Kajian Hukum Islam ◽

10.24090/mnh.v11i1.1269 ◽

2018 ◽

Vol 11 (1) ◽

pp. 79-92 ◽

Cited By ~ 1

Author(s):

Masdar Masdar

Keyword(s):

System Theory ◽

Law Enforcement ◽

Legal System ◽

Legal Culture ◽

Point Of View ◽

Law Enforcement Agencies ◽

Muslim Society ◽

The Law ◽

The Government

Cash waqf in Indonesia has been long enough implemented based on some rules enacted by government and other rules defined by The Waqf Board of Indonesia (BWI). However, the implementation of cash waqf has not reached the level of success. Therefore, this article studies the application of cash waqf law in Indonesia according to Friedman’s legal system theory. The legal system theory of Friedman firstly looks at the substance of the law, which is the rules or regulations; and secondly it examines the structure of the law, encompassing the law enforcement agencies, such as judge, prosecutor, police and legal counselors. And lastly the theory examines the element of legal culture, which is a response from Muslim society. The first two examinations indicate that there is nothing to be a problem. But from the last examination there is a problem regarding the trust from Muslim society. From the legal culture point of view, the implementation of cash waqf by the government, which is performed by BWI, needs attracting society’s credentials in order to improve and maximize the performance of cash waqf in Indonesia.

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TANGGUNGJAWAB REKTOR SEBAGAI KPA DALAM PENGELOLAAN KEUANGAN PERGURUAN TINGGI NEGERI YANG MENYELENGGARAKAN PENGELOLAAN KEUANGAN BADAN LAYANAN UMUM (PTN PK-BLU)

JURNAL HUKUM DAN PERADILAN ◽

10.25216/jhp.2.3.2013.427-448 ◽

2018 ◽

Vol 2 (3) ◽

pp. 427

Author(s):

Dewi Kania Sugiharti ◽

Muhammad Ziaurahman ◽

Sechabudin Sechabudin

Keyword(s):

Public Service ◽

The State ◽

Service Agency ◽

State Budget ◽

Procurement Process ◽

The Law ◽

The Government

Universities that apply the concept of Public Service Agency (BLU - PK PTN ) in performing functions as an organ which is engaged in the service infrastructure support through goods or services . As an institution under the auspices of the government and the state budget receives PTN PK - BLU implement mechanisms to acquire goods or services in accordance with the law. However, the procurement process in obtaining goods or services sometimes poses problems that arise as a consequence of the passage of the procurement of goods or services involving the organs in it as PA / KPA , KDP , ULP , and Committee / Receiver Procurement Officer. Rector of the KPA in PK - BLU PTN has the authority to control the organs that carry out the process of procurement of goods / services in the environment . Errors in the procurement process of goods / services performed by the CO and the ULP / Procurement Officer causing state losses due to these errors, either due to negligence or unlawful acts. As the KPA in the process of procurement of goods / services Rector can control the organs in accordance with the authority given. The consequences are acceptable if the authorities ultimately the procurement of goods / services did not heed the warning Rector officials related procurement process of goods / services will receive sanctions. Keywords: Authorized Budget, Financial State.

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Torts and Other Wrongs

10.1093/oso/9780198852940.001.0001 ◽

2019 ◽

Author(s):

John Gardner

Keyword(s):

Public Policy ◽

Distributive Justice ◽

Strict Liability ◽

Private Law ◽

Moral Significance ◽

Reasonable Person ◽

Reasonable Person Standard ◽

The Law

Torts and Other Wrongs is a collection of eleven of the author’s essays on the theory of the law of torts and its place in the law more generally. Two new essays accompany nine previously published pieces, a number of which are already established classics of theoretical writing on private law. Together they range across the distinction between torts and other wrongs, the moral significance of outcomes, the nature and role of corrective and distributive justice, the justification of strict liability, the nature of the reasonable person standard, and the role of public policy in private law adjudication. Though focused on the law of torts, the wide-ranging analysis in each chapter will speak to theorists of private law more generally.

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