scholarly journals TINJAUAN MENGENAI PERAN DAN FUNGSI DPR DALAM UUD NKRI TAHUN 1945 PASCA AMANDEMEN BERDASARKAN MEKANISME CHECK AND BALANCE

2018 ◽  
Vol 10 (2) ◽  
Author(s):  
Yokotani Yokotani
Keyword(s):  
The State ◽  
Executive Power ◽  
Administration System ◽  
State Institutions ◽  
State Administration

Reforms in Indonesia has led to many changes, one change in the state administration system in Indonesia. Post authoritarian era, hopes to form a power ideally through the constitution amendment to be the only way to improve the existing system by step abolish one by one to the authority of the executive power into shades executive heavy, in order to power the institution country to be more balanced with a pattern of horizontal separation between state institutions

scholarly journals Peran Dan Kedudukan Ombusman Sebagai Lembaga Perlindungan Rakyat Dalam Mewujudkan Asas-Asas Umum Pemerintahan Yang Baik

2018 ◽  
Vol 14 (2) ◽  
pp. 36-43
Author(s):  
Cholidah Utama
Keyword(s):  
State Institution ◽  
The State ◽  
Government Agencies ◽  
State Institutions ◽  
State Administration

The inclusion of the Ombudsman in the Amendment to the 1945 Constitution will place the existence of the Ombudsman's recommendations philosophically (as well as politically) with high value. So that even though it is not legally binding, it is still obeyed by the State Administration. The position of the Ombudsman is a state institution that is independent and does not have an organic relationship with state institutions and other government agencies, and in carrying out its duties and authority free from interference from other powers.

scholarly journals The Role of Investigators in Disclosing Corruption Cases of Village Fund Allocation in Kuningan District

2020 ◽  
Vol 7 (1) ◽  
pp. 1
Author(s):  
Bayu Aji Dewantara ◽  
Handri Wirastuti Sawitri ◽  
Nurani Ajeng Tri Utami
Keyword(s):  
Law Enforcement ◽  
Law Enforcement Officers ◽  
The State ◽  
Analysis Method ◽  
Full Data ◽  
Administration System ◽  
Fund Allocation ◽  
State Administration ◽  
Community Roles

The number of corruption cases in the state administration system is increasing year after year. One of corruption cases occurred in the state administration system is corruption case of village funds. This study aims to identify the roles of and the obstacles faced by Kuningan District Prosecutor�s Office investigators in disclosing corruption cases of village fund allocation. This qualitative study applied a sociological juridical research method in which the data is presented in a systematic description and is analyzed by employing qualitative data analysis method. The results showed that Kuningan District Prosecutor�s Office investigators as law enforcement officers have a significant role in disclosing corruption cases of village fund allocation, namely identifying the crime of corruption, carrying out actions (full data, full bucket), conducting investigation, checking the suspects� identity, and conducting detention and searches. Further, there are some obstacles faced by Kuningan District Prosecutor�s Office investigators in disclosing corruption cases of village fund allocation, including the mismatch between regulations and actual practices in the field and the lack of human resources, facilities and infrastructures, and community roles.�Peran Penyidik dalam Mengungkap Kasus Korupsi Alokasi Dana Desa di Wilayah Hukum Kabupaten Kuningan�Angka kejadian korupsi dalam sistem penyelenggara negara masih mengalami peningkatan dari tahun ke tahun. Salah satu tindak pidana korupsi yang banyak terjadi dalam sistem penyelenggara negara adalah korupsi dana desa. Penelitian ini bertujuan untuk mengetahui peran dan hambatan penyidik Kejaksaan Negeri Kuningan dalam mengungkap kasus korupsi alokasi dana desa. Penelitian ini merupakan penelitian kualitatif dengan metode penelitian yuridis sosiologis. Data disajikan dalam uraian sistematis dan dianalisa dengan menggunakan metode analisis data kualitatif. Hasil penelitian ini menjelaskan bahwa penyidik Kejaksaan Negeri Kuningan sebagai aparat penegak hukum mempunyai peran yang sangat aktif dalam mengungkap kasus korupsi alokasi dana desa yaitu menemukan adanya tindak pidana korupsi, melakukan tindakan (full data full bucket), melakukan tindakan penyidikan, memeriksa identitas tersangka, melakukan penahanan dan penggeledahan. Terdapat beberapa hambatan yang dialami oleh penyidik kejaksaan dalam mengungkap kasus korupsi alokasi dana desa di antaranya ketidaksesuaian antara peraturan dengan tindakan di lapangan, kurangnya sumber daya manusia, fasillitas dan sarana yang belum memadai dan kurangnya peran masyarakat.

scholarly journals Legal Reconstruction of State Institutionalities of State Commissions to Suppress the Potential of Institutional Authority Dispute

2021 ◽  
Vol 10 ◽  
pp. 1006-1011
Author(s):  
Lukman Hakim ◽  
Keyword(s):  
The State ◽  
Popular Sovereignty ◽  
Checks And Balances ◽  
Structural Mechanism ◽  
State Institutions ◽  
Know How ◽  
Institutional Authority ◽  
State Administration ◽  
Democratic System ◽  
Constitutional System

The main problem of this research triggers by the fact that Indonesia fundamental constitutional system changed into the 1945 Constitution. The changes affected the structure and structural mechanism of state institutions. The main purpose of this study is to analyze the philosophical question of the basic root formed in the 1945 Constitution as a new constitution of Indonesia. Regarding the organization and institution of the state can be started by questioning the essence of power that is institutionalized or organized into the state. The results showed that it is also important to know how the principle of popular sovereignty is reflected in the structure and mechanisms of state and government institutions that guarantee the establishment of the legal system and the functioning of the democratic system. At the theory level in terms of state institutions, with the various state commissions, how the principle of popular sovereignty is organized into institutional functions can be patterned into state institutions that are equal and mutually balanced in forms of checks and balances. From a normative perspective, the sources of state institutional authority can be used as a reference in the structuring of state institutions by considering shifts and the development of state administration, especially with the state commissions that occurred after changes to the 1945 Constitution.

POLOŽAJ VLADE U USTAVNO-PRAVNOM SISTEMU REPUBLIKE SRBIJE

2021 ◽  
pp. 201-213
Author(s):  
Anika Kovačević ◽  
Keyword(s):  
Separation Of Powers ◽  
The State ◽  
Executive Power ◽  
Control Mechanisms ◽  
State Administration ◽  
The Republic ◽  
The Government ◽  
Constitutional System ◽  
And Control ◽  
Relationship Of

The author analyzes the composition, affairs and tasks of the Government, as well as the Government's attitude towards the National Assembly, the President of the Republic and the state administration, in order to more precisely normative position the Government as the bearer of executive power in the constitutional system of Serbia. The Government of the Republic of Serbia, together with the state administration, represents an extremely complex, fundamentally important system for the functioning of the institutional, legal and political order of our country. Building a legitimate and efficient relationship of cooperation with these bodies, while respecting the competencies and control mechanisms of the Government provided by the Constitution and laws, is a necessary factor in further upgrading Serbia as a state governed by the rule of law, achieving the principle of separation of powers in Serbia.

scholarly journals Public administration as an object of administrative and legal regulation

2020 ◽  
Vol 3 (3) ◽  
pp. 65-72
Author(s):  
Yuriy Payda
Keyword(s):  
Public Administration ◽  
Legal Regulation ◽  
Central Executive ◽  
The State ◽  
Local State ◽  
Executive Power ◽  
The Public ◽  
Head Of State ◽  
Territorial Unit ◽  
State Administration

The concept and legal nature of public administration have been analyzed. The analysis of research works has allowed to state that the term "public administration" is considered in two aspects - structural and procedural (or functional) where public administration should be understood as executive bodies, local self-government bodies, as well as entities endowed by the state with public administration functions that perform public administration functions and whose purpose is to ensure the interests of the state and society as a whole, and their activities carried out within the law. The principles of administrative and legal regulation of public administration in Ukraine and the concepts, principles of administrative and legal regulation of public administration have been studied. The author has found out that the essential features of public administration are: public administration is subordinated to political power (i.e., parliament, head of state); public administration ensures the implementation and application of laws (i.e., implements the political decisions of parliament); public administration acts (should act) in the public interest; public administration is endowed with the prerogatives of public authority (that is, powers that allow mandatory instructions to be given to individuals). While the system of central executive bodies consists of the ministries of Ukraine and other central executive bodies the system of central executive bodies is a component of the system of executive bodies, the highest body of which is the Cabinet of Ministers of Ukraine. The local state administration is a local executive body and is part of the system of executive bodies. The local state administration, within the limits of its powers, exercises executive power on the territory of the respective administrative-territorial unit, as well as exercises the powers delegated to it by the relevant council.

scholarly journals Politik Hukum Pengujian Peraturan Perundang-Undangan dalam Penyelenggaraan Negara

2016 ◽  
Vol 13 (1) ◽  
pp. 124
Author(s):  
Anna Triningsih
Keyword(s):  
The State ◽  
Checks And Balances ◽  
State Institutions ◽  
Political Dynamics ◽  
Democratic State ◽  
State Administration ◽  
State And Society ◽  
System Review ◽  
The Law ◽  
Constitutional System

Legislation or commonly called the law is a  political  product.  Politics  is  a field in the society which relate to public goals, and the law as one of the fields in society is always linked to the goals of society. Because of being associated with these objectives, the law has its own dynamics side. In its socio-political dynamics there is always a message that wants to be heard, known, understood, and then executed by the addressee, which is the organizer of state power, political power holders. In the perspective of constitutional law that  message  then  becomes  a  goal in organizing the state and then organized into a political structure as the procedures in the administration of the state in order to reach the goal of the state. The meaning of a more democratic state administration and based on law as a goal in the amendment of the 1945 Constitution was to provide a constitutional basis, (i) equal relationship between state and society based on rights and obligations in reciprocal nature; (ii) the equal relationship between state institutions based on checks and balances system; (iii) strengthening the independence and impartiality of judicial authority to guard the running of the legal and constitutional system. Review of egal products in state administration through judicial mechanism aims to provide a guarantee for the implementation of these relationships and the running of the legal and constitutional system in accordance with the 1945 Constitution.

scholarly journals Problem Pemberian Amnesti oleh Presiden Dalam Perspektif Kepentingan Negara

2021 ◽  
Vol 21 (3) ◽  
pp. 984
Author(s):  
Rizky Malinto Ramadani ◽  
Indra Perwira ◽  
Bilal Dewansyah
Keyword(s):  
Supreme Court ◽  
House Of Representatives ◽  
The State ◽  
Important Criterion ◽  
Administration System ◽  
Political Interests ◽  
State Administration ◽  
The Supreme Court ◽  
The Stability ◽  
The Ideal

Article 14 Paragraph (2) of the 1945 Constitution determines that the President grants amnesty and abolition by taking into account the considerations of the House of Representatives. in the provisions of Article (1) of the Emergency Law no. 11 of 1954 concerning Amnesty and Abolition states that "The President, in the interest of the state, can grant amnesty and abolition to people who have committed a criminal act. The President granted this amnesty and abolition after obtaining written advice from the Supreme Court which conveyed the advice at the request of the Minister of Justice.” The issue related to amnesty is that there is no more detailed clarity regarding the criteria for granting amnesty for the benefit of this country, whether the granting of amnesty is only intended for politically charged cases or can also be given for general criminal acts, especially in history, amnesties have been granted only for political crimes. The identification of the problems in this study are: First, the extent to which the granting of amnesty in Indonesia is in accordance with the criteria of the state's interest. The method used by researchers in this study is normative juridical. The results of this study indicate that the most important criterion of the existence of the state's interest is the stability of the state administration system and the guarantee of rights for citizens. The ideal conditions that need to be regulated in amnesty are: Amnesty restrictions are not granted for extraordinary crimes; not allowed to impeach the President. As for the ideal procedure, apart from referring to the 1945 Constitution and the Regulation of the Minister of State Secretary, the granting of amnesty must also ask for consideration from the Supreme Court, so that the granting of amnesty is not only seen for political interests, but also for the interests of the state.

MODERNIZATION OF THE POLITICAL SYSTEM AND ATTEMPTS TO FORM THE NATIONAL SECURITY CONCEPT IN RUSSIA DURING 1992 - 1997

2014 ◽  
pp. 33-46
Author(s):  
Ye. B. Shturba
Keyword(s):  
National Security ◽  
Russian Federation ◽  
Political System ◽  
The State ◽  
The Political ◽  
Main Condition ◽  
Administration System ◽  
State Administration ◽  
The Russian Federation

The article considers the attempts to form the concepts of national security in the Russian Federation during 1992 – 1997 as the main condition for establishment of the new Russian statehood. The negative processes of 1991 – 1993 that led the state administration system to crisis have been discovered and analyzed from the standpoint of scientific criticism.

scholarly journals The Concept of Village Autonomy in Indonesia (Indonesian Constitution Perspective)

Rechtsidee ◽  
2016 ◽  
Vol 3 (1) ◽  
pp. 27
Author(s):  
Rifqi Ridlo Phahlevy
Keyword(s):  
Presidential Elections ◽  
The State ◽  
Conceptual Approach ◽  
Administration System ◽  
The Past ◽  
Second Amendment ◽  
Political Interests ◽  
State Administration ◽  
Considerable Impact ◽  
The Law

Indonesia was introduced to the term, “village autonomy” in 1970s; however, throughout the past years of establishing autonomous villages in Indonesia, the legislators have not been able to provide any clarity about this concept. Villages, as a legal entity, do not have enough independence to represent themselves as an autonomous unit of community in the state administration system of Indonesia. Article 18B and 28I of the second amendment of The 1945 Constitution of The State of Republic of Indonesia (UUD 45) state that the villages can have independent governments, by giving the alternative of village autonomy. Implementation the Law No. 6 Year 2014 is a part of the effort to realize the message of constitution and hence conception of autonomous villages is expected to be the catalyst for this concept. The presence of this law had a considerable impact on the 2014 presidential elections. Because of this people are concerned that political interests may try to drive and turning the direction and purpose of the law. This study is a part of the research on the implementation of village autonomy policies in Indonesia, and is compiled by using statute and conceptual approach. How To Cite: Phahlevy, R. (2016). The Concept of Village Autonomy in Indonesia (Indonesian Constitution Perspective). Rechtsidee, 3(1), 27-40. doi:http://dx.doi.org/10.21070/jihr.v3i1.151

Sign in / Sign up

Export Citation Format

Share Document