scholarly journals The Birthright of Economic Liberty

2021 ◽  
Author(s):  
Dick M. Carpenter II
Keyword(s):  
Government Regulation ◽  
The Public ◽  
Economic Liberty ◽  
The Right ◽  
Free People ◽  
Over Time ◽  
Laws And Regulations

Economic liberty—the right to earn an honest living—is one of the most important rights of free people. Over time, this right has been restricted by unnecessary laws and regulations. Legislators should govern from a presumption of liberty. Applied practically, this means legislators should presume individuals have the right to practice their chosen occupations free from government regulation unless and until systematic evidence shows this right must be curtailed to protect the public.

JUAL BELI TANAH YANG DILAKUKAN TANPA AKTA PPAT

2018 ◽  
Vol 4 (1) ◽  
pp. 89-107
Author(s):  
Cheri Bayuni Budjang
Keyword(s):  
Everyday Life ◽  
Government Regulation ◽  
Land Rights ◽  
The Other ◽  
Legal Certainty ◽  
Land Registration ◽  
The Future ◽  
The Right ◽  
Laws And Regulations

Buying and selling is a way to transfer land rights according to the provisions in Article 37 paragraph (1) of Government Regulation Number 24 of 1997 concerning Land Registration which must include the deed of the Land Deed Making Official to register the right of land rights (behind the name) to the Land Office to create legal certainty and minimize the risks that occur in the future. However, in everyday life there is still a lot of buying and selling land that is not based on the laws and regulations that apply, namely only by using receipts and trust in each other. This is certainly very detrimental to both parties in the transfer of rights (behind the name), especially if the other party is not known to exist like the Case in Decision Number 42 / Pdt.G / 2010 / PN.Mtp

scholarly journals The Right to Survival in the Democratic People's Republic of Korea

2010 ◽  
Vol 9 (1) ◽  
pp. 87-117 ◽  
Author(s):  
Jiyoung Song
Keyword(s):  
Human Rights ◽  
Cold War ◽  
Public Discourse ◽  
Confucian Tradition ◽  
The Public ◽  
The Past ◽  
North Korean Defectors ◽  
The Right ◽  
The Cold War ◽  
Over Time

AbstractFor the past decade, the author has examined North Korean primary public documents and concludes that there have been changes of identities and ideas in the public discourse of human rights in the DPRK: from strong post-colonialism to Marxism-Leninism, from there to the creation of Juche as the state ideology and finally 'our style' socialism. This paper explains the background to Kim Jong Il's 'our style' human rights in North Korea: his broader framework, 'our style' socialism, with its two supporting ideational mechanisms, named 'virtuous politics' and 'military-first politics'. It analyses how some of these characteristics have disappeared while others have been reinforced over time. Marxism has significantly withered away since the end of the Cold War, and communism was finally deleted from the latest 2009 amended Socialist Constitution, whereas the concept of sovereignty has been strengthened and the language of duties has been actively employed by the authority almost as a relapse to the feudal Confucian tradition. The paper also includes some first-hand accounts from North Korean defectors interviewed in South Korea in October–December 2008. They show the perception of ordinary North Koreans on the ideas of human rights.

scholarly journals ANALISIS PENERAPAN WILAYAH KERJA PPAT BERDASARKAN PERATURAN PEMERINTAH NOMOR 24 TAHUN 2016 TENTANG PERUBAHAN ATAS PERATURAN PEMERINTAH NOMOR 37 TAHUN 1998 DI PROVINSI DKI JAKARTA

2018 ◽  
Vol 1 (1) ◽  
pp. 267
Author(s):  
Ivandi Setiawan ◽  
Rasji .
Keyword(s):  
Government Regulation ◽  
Property Right ◽  
Public Official ◽  
Legal Certainty ◽  
The Public ◽  
Work Area ◽  
The Government ◽  
The Right

PPAT is a public official authorized to make authentic deeds concerning certain legal acts concerning the right to land or the Property Right of the Flats Unit. Government Regulation No. 24 of 2016 is the latest regulation made by the government to regulate provisions on PPAT. in Government Regulation No. 24 of 2016 in Article 12 paragraph one explained that the scope of work area of PPAT is expanded into one province where in the previous regulation that is government regulation number 37 year 1998 explained that the scope of work of PPAT is only limited to district only. but the fact is now the government regulation number 24 of 2016 has not been applied efficiently, especially in terms of the scope of work of PPAT, it happens because of several factors that hamper causing the loss of effectiveness in Article 12 Paragraph one of Government Regulation No. 24 of 2016 . it is of course also contrary to the legal certainty that the public should have legal certainty with the enactment of the government regulation number 24 of 2016 by the government then the regulation should be applicable in the scope of the working area of PPAT should be applicable in practice in the community. contrary to lex posterior derogate legi priori principle which explains that in the same rules the new rules can replace the old rules. the approach used in this study using the approach of law.

scholarly journals Kontroversi Pembentukan Perppu Nomor 1 Tahun 2013 Tentang Mahkamah Konstitusi Dalam Ranah Kegentingan Yang Memaksa

2014 ◽  
Vol 2 (1) ◽  
Author(s):  
Nur Rohim
Keyword(s):  
Government Regulation ◽  
The State ◽  
State Agency ◽  
Constitutional Court ◽  
Position Change ◽  
Equal Footing ◽  
History Of ◽  
The Right ◽  
The Guardian ◽  
Laws And Regulations

Abstract: The Controversy of Perppu Formation No. 1 in 2013 on the Constitutional Court in The Realm Emergency Force. The Placement of Government Regulation in Lieu of Law in the hierarchy of laws and regulations has the fluctuated time. This is an evident from the history of legislation in Indonesia, which puts Perppu on one side are on equal footing the law. The position change is caused due Perppu materially the same as the Act, and there are not formally Perppu Act but closer to the bill that implemented the Act because like the precarious conditions that force. The controversy also sparked debate later, whether the Court has the right to test Perppu or not, was the Parliament also has the authority to accept or reject the nearest Perppu during the trial. As for Perppu No. 1 of 2013 on the Constitutional Court established by the President to rescue the Court assessed by some not qualified in the realm crunch that forced, and even tended to be unconstitutional. However, some others assess in contrary has Perppu urgency to restore the name of the state agency that became the guardian of the constitution. Abstrak: Kontroversi Pembentukan Perppu No. 1 Tahun 2013 Tentang Mahkamah Konstitusi Dalam Ranah Kegentingan Yang Memaksa. Penempatan Peraturan Pemerintah Pengganti Undang-Undang dalam hierarki peraturan perundangundangan dari masa ke masa bersifat fluktuatif. Terlihat dari sejarah peraturan perundang-undangan yang menempatkan Perppu di satu sisi berada setara dengan undang-undang dan di sisi lain berada di bawah undang-undang. Hal ini disebabkan karena secara materiil Perppu sama dengan undang-undang, dan secara formil Perppu bukanlah undang-undang, tetapi lebih dekat kepada RUU yang dilaksanakan laksana undang-undang karena kondisi genting yang memaksa. Perdebatan yang muncul, apakah MK berhak menguji Perppu atau tidak, sedang DPR juga memiliki kewenangan untuk menerima atau menolak Perppu pada masa sidang terdekat. Begitu pula halnya Perppu No. 1 tahun 2013 tentang MK yang dibentuk oleh Presiden guna penyelamatan MK dinilai oleh tidak memenuhi syarat dalam ranah kegentingan yang memaksa, bahkan cenderung inkonstitusional. Akan tetapi sebagian menilai sebaliknya, Perppu ini memiliki urgensitas guna memulihkan nama lembaga negara yang menjadi pengawal konstitusi ini DOI: 10.15408/jch.v1i1.1454

scholarly journals Peningkatan Calon Tunggal Dalam Pemilihan Kepala Daerah

2021 ◽  
Vol 1 (2) ◽  
pp. 134
Author(s):  
Christya Putranti
Keyword(s):  
Political Parties ◽  
Government Regulation ◽  
Constitutional Court ◽  
Regional Government ◽  
The Public ◽  
Commission Regulation ◽  
General Elections ◽  
Harsh Criticism ◽  
The Right ◽  
Regional Leaders

Regional Leaders Election (Pilkada) is an interesting matter to discuss, Pilkada regulations have undergone several changes, the phenomenon of change occurs starting from the appointment of a regional head, in which was initially elected by House of Presentatives (DPR) until finally returned to the public as people's sovereignty, the enactment of Law No. 1 of 2015 concerning about the stipulation of Government Regulation in Lieu of Law (Perpu) No. 1 of 20114 which discussed about the Election of Governors, Regents and Mayors into a law which enforced the return of elections to be carried out by House of Presentatives  which led to harsh criticism from the public so in the end government restored the public's right to vote. Another interesting thing is that as a result of the people's sovereignty, the right to be elected and to elect the citizens, especially in regions, must be implemented. Unfortunately, the problem this has become a new problem, which was the delay in the implementation of regional elections. In Law No. 32 of 2004 concerning about Regional Government in which only regulates that regional heads are proposed through a combination of political parties and political parties, after the decision of  Constitutional Court Number 5 / PUU-V / 2007 individual candidates also can run for regional head candidates.  Law Number 18 of 2015 had been reviewed by the Constitutional Court Number 100 / PUU-VIII / 2015. The blank ballot box regulation then appears in General Elections Commission Regulation (PKPU) Number 14 of 2015 concerning about the election for Governor and Vice Governor, Regent and Vice Regent and / or Mayor and Vice Mayor upon follow-up to the Constitutional Court decisions. This study will focus on the increasing blank ballot box that continues to increase, starting from a single candidate with “agree and disagree" boxes to the enforcement of the blank ballot box. It means that from 2015 Regional Leaders Election experienced a significant increase. This research used normative legal research method by examining laws and regulations, General Elections Commission Regulation (PKPU), and literature studies.

scholarly journals PENGUJIAN PERATURAN DESA MENURUT UNDANG-UNDANG NOMOR 6 TAHUN 2014 TENTANG DESA

2019 ◽  
Vol 10 (2) ◽  
pp. 165
Author(s):  
Idea Islami Parasatya ◽  
Tin Yuliani
Keyword(s):  
Public Interest ◽  
Policy Framework ◽  
The Public ◽  
Village Governance ◽  
Village Communities ◽  
The Right ◽  
Consultative Body ◽  
The Village ◽  
Laws And Regulations

Law number 6 of 2014 concerning Villages recognizes the existence of villages and village autonomy, including adat villages as a legal community unit that has territorial boundaries. According to Law number 6 of 2014, village regulations determined by the Village Head after being discussed and agreed with the Village Consultative Body constitute the legal and policy framework in the administration of village governance and village development. The determination of village regulations is a translation of various authorities owned by the Village, referring to the provisions of the higher laws and regulations. As a legal product, village regulations must not conflict with higher regulations and must not harm the public interest. As a political product, village regulations processed democratically, and in a participatory manner, the drafting process involves the participation of village communities. Village communities have the right to propose or provide input to the Village Head and the Village Consultative Body in the process of drafting village regulations.Keywords: supervision of village regulations, village autonomy, village regulations ABSTRAKUndang-Undang nomor 6 tahun 2014 tentang Desa mengakui keberadaan desa dan otonomi desa termasuk desa adat sebagai kesatuan masyarakat hukum yang memiliki batas wilayah. Menurut Undang-Undang nomor 6 tahun 2014, peraturan desa ditetapkan oleh Kepala Desa setelah dibahas dan disepakati bersama Badan Permusyawaratan Desa merupakan kerangka hukum dan kebijakan dalam penyelenggaraan pemerintahan desa dan pembangunan desa. Penetapan peraturan desa merupakan penjabaran atas berbagai kewenangan yang dimilki Desa mengacu pada ketentuan peraturan perundang-undangan yang lebih tinggi. Sebagai sebuah produk hukum, peraturan desa tidak boleh bertentangan dengan peraturan yang lebih tinggi dan tidak boleh merugikan kepentingan umum. Sebagai sebuah produk politik, peraturan desa diproses secara demokratis dan partisipatif, yakni proses penyusunannya mengikutsertakan partisipasi masyarakat desa. Masyarakat desa mempunyai hak untuk mengusulkan atau memberikan masukan kepada Kepala Desa dan Badan Permusyawaratan Desa dalam proses penyusunan peraturan desa.Kata kunci: desa, peraturan desa, pengawasan peraturan desa, otonomi desa

scholarly journals Kewenangan Kepolisian Daerah Bali dalam Penegakan Hukum Terhadap Aksi Unjuk Rasa yang Anarkis

2021 ◽  
Vol 2 (3) ◽  
pp. 575-581
Author(s):  
I Nyoman Budiantara ◽  
Anak Agung Sagung Laksmi Dewi ◽  
I Nyoman Sutama
Keyword(s):  
Law Enforcement ◽  
Freedom Of Expression ◽  
Police Chief ◽  
Legal Certainty ◽  
Legal Research ◽  
The Public ◽  
Inhibiting Factors ◽  
The Right ◽  
National Police ◽  
Laws And Regulations

Freedom of expression in public is the right of every citizen which is protected by law. There are several principles that must be followed in expressing opinions in public, namely the principle of balancing rights and obligations, deliberation and consensus, legal certainty and justice, proportionality, and benefits. However, the fact is that demonstrations are often carried out in an anarchic manner. The purpose of this study is to determine the authority of the Bali police in law enforcement against anarchic demonstrations, and to find out the obstacles faced by the Balinese police in dealing with demonstrations. This study uses empirical legal research because of the gap between theory and reality. The results of the research that the authority of the Bali Regional Police in law enforcement against anarchist demonstrations refers to Law/8/1998 and the National Police Chief Regulation No. Pol. 16 of 2006, as well as Protap No. PROTAP/1/X/2010. Barriers to the Bali Police in dealing with anarchic demonstrations are divided into internal inhibiting factors such as knowledge, emotions, and delays in information. The external such as no permission to protest, influenced by alcohol. To the public, to always comply with the laws and regulations in terms of demonstrations.

scholarly journals Recall on Village Heads Election: An Election Law Reform

2020 ◽  
Vol 1 (2) ◽  
pp. 201-214
Author(s):  
Anang Wahyu Kurnianto ◽  
Ridwanto Ardi Kusumo
Keyword(s):  
Qualitative Method ◽  
Government Regulation ◽  
Law Reform ◽  
Election Law ◽  
Family Head ◽  
Representative System ◽  
The Right ◽  
Over Time ◽  
Technical Rules

This study aims to analyze the model of holding village head elections between times with a case study in Reban Village, Reban District, Batang Regency. This study uses a qualitative method with a sociological juridical approach(Dawkins et al., 2019). The results of this study indicate that: 1). Inter-village head election procedures in Reban Village, Reban District, Batang Regency are in accordance with the mandate of Article 47 of Law Number 6 of 2014 concerning Villages. However, referring to Article 45 of Government Regulation No. 43 of 2014 there are stages of selection that are not yet in accordance with technical rules: a). The holding of the election exceeds the specified time limit. Limitations of technical guidelines become the main obstacle b). Funding for the election is still fully burdened to the candidates for village heads. 2). The mechanism for electing village heads over time through a voting model with a representative system. Voters who have the right to vote are every family head who lives in Reban Village, proven by a Family Card. Elections are democratic with a turnout of 94.9%.

scholarly journals Islamic Perspective In Consumers Protecting Of E-Commerce Transactions In Indonesia

IKONOMIKA ◽  
2019 ◽  
Vol 4 (1) ◽  
pp. 60-70
Author(s):  
Ricco Andreas ◽  
Pingkan Retno Andini ◽  
Sija Putra Rulanda
Keyword(s):  
Consumer Protection ◽  
Government Regulation ◽  
Islamic Law ◽  
The Internet ◽  
Electronic Systems ◽  
The Public ◽  
Islamic Perspective ◽  
Positive Law ◽  
Electronic Transactions ◽  
Laws And Regulations

ABSTRACTElectronic transaction mechanism in Indonesia often cause losses to consumers. Consumer protection should be applied in all conditions in transactions,both in conventional and manual transactions.But with the development of the electronic world, the public questions whether electronic transactions held in electronic systems can protect their rights as consumers. How Islamic Law and Government Regulation  No. 82 of 2012 on the Implementation System and Electronic Transactions can be set, and protect the rights of consumers who transact in e-commerce? The method used is the type of normative juridical research, the research focused on reviewing the application of the rules or norms of positive law. Results of the discussion are: e-commerce, can make consumers impressed and interested in buying goods that are marketed. It also became one of the reasons consumers prefer to shop via the Internet. But ignorance of the agreement in e-commerce transactions is as proof of legal agreements often make prospective customers do not dare to carry out a transaction and choose to cancel the transaction because it feels it will be very detrimental and cannot be prosecuted if the business actor defaults or is against the law. So in this paper we will discuss how the laws and regulations relating to ITE can protect the rights of consumers in e-commerce purchases.Keywords: Islamic Perspective,Consumer Protection, E-Commerce Transactions

France around 1968

2018 ◽  
Author(s):  
Félix Krawatzek
Keyword(s):  
Young People ◽  
Political Mobilization ◽  
Democratic Consolidation ◽  
Public Understanding ◽  
The Political ◽  
International Context ◽  
The Public ◽  
The Right ◽  
Political Groups ◽  
Over Time

The democratic consolidation in France around 1968 introduces variation into the comparative regime setting. The chapter discusses the historical and international context of that mobilization which over time has turned into the global symbol of youth revolt. The analysis highlights the links between the political mobilization of differing political groups of young people and the changing discursive contexts. In particular, it emphasizes the mobilizing impact of events abroad for changing the public understanding of youth. Youth mobilization was also closely linked to competing future imaginaries and alternative visions of the French past. However, youth mobilization failed to develop a coherent and unified vision for the country and many of the issues brought forward failed to gain traction in wider society. Therefore, youth revolt could be portrayed as being confined to youth which contributed to the possibility of the Right to triumph in the elections that followed.

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