Indonesia

Azis Setyagama, I Gusti Ayu Putri Kartika, M. Sulthon. Status of government regulations in lieu of laws in Indonesian state administration system

The position of government regulation in lieu of law (Perppu) in the state administration system is regulated in Article 22 paragraph (1) of 1945 Constitution of the Republic of Indonesia. In cases of compelling urgency, the President has the right to issue such regulation in lieu of law. This study uses normative legal research that analyses the provisions contained in the Indonesian Constitution, in which the President is constitutionally given the right to issue Government Regulations in Lieu of Laws in an emergency or critical conditions in order to resolve urgent issues quickly so as not to endanger the safety of the state. In order to comply with the principles of democracy, after the enactment of a Government Regulation in Lieu of Law within a period of one year, it must obtain the approval of the People’s Representative Council by making it a law; otherwise, the Perppu must be revoked.
Ключевые слова: 
Perppu
администрация
Индонезия
государственное регулирование
Конституция 1945 года

Azis Setyagama, Edy Sumarno. Ownership of land regulation for foreign citizens in Indonesia

Land use has a very important role in modern life, such as the role for housing, plantation business, agricultural business, mining business and so on. In this regard, problems often arise in Indonesia related to the illegal ownership of land or control over it by foreign citizens. Law No 5 of 1960 concerning Basic Regulations on Agrarian Principles contains the main points of the Indonesian National Land Law, serves as a guide in regulating issues related to land issues. This study uses normative legal research, namely analysing Law No 5 of 1960 in Article 21 Paragraph 1, which states that only Indonesian citizens have property rights over land while foreign citizens may not have property rights. The results of the study indicate that there is a need for special legal rules for foreign nationals who have lived for a long time in Indonesia related to ownership of land ownership rights.
Ключевые слова: 
обустройство
землепользование
имущественные права
иностранный гражданин
Индонезия

Azis Setyagama, Muchamad Su’ud. Government policy in developing the environment sustainable in Indonesia

Environmental development in Indonesia is based on the principle of sustainable development, where the environment is maintained for the benefit of present and future generations. The Indonesian economy growth for the welfare of citizens affects the environment, while economic development inevitably affects changes in natural and environmental conditions. Changes in natural and environmental conditions must be regulated through laws and legal acts, so that they can be utilized for the welfare of citizens without damaging the ecology. This study uses normative legal research, namely analyzing Law No 32 of 2009 on “Environmental Protection and Management”. Legal guarantees from the government are particularly important to prevent ecological damage due to the excessive exploitation of Indonesia’s natural resources, which negatively affects the environment. Therefore, the efforts made by the government to reduce ecological risks with sustainable environmental development policies are the best solution to this problem.
Ключевые слова: 
Индонезия
государственная политика
устойчивое развитие окружающей среды
экологическое развитие
правовые гарантии

Azis Setyagama, Totok Sugiarto. The role of Visum et Repertum in murder investigation of Indonesia’s criminal procedure system

Criminal acts are very detrimental to society and often the perpetrators of these offenses cannot be revealed, so that lawbreakers avoid punishment. There are many factors that must be met in uncovering a crime, but there will still be murders that are not caught red-handed. To solve crimes in these instances it is used Visum et Repertum procedure, that is carried out by forensic doctors. This procedure is very decisive as the only written statement made by a forensic doctor which contains evidence of the felon’s guilt. Present paper is a normative legal research studying the provisions of laws and regulations in the Indonesian criminal law. The authors specifically analyse in depth Article 184 of the Criminal Procedure Code, which is about evidence as an effort to uncover a crime.
Ключевые слова: 
Visum et Repertum
преступность
уголовное право
судебная медицина
Индонезия

Azis Setyagama. The role of the Regional Representative Council in the Indonesian government system

The role of the Regional Representative Council (DPD) of the Republic of Indonesia in the 1945 Constitution is regulated by articles 22C and 22D of chapter VIIA. Paragraph (3) of article 22D contains the provision that the Regional Representative Council can carry out supervision in the fields of state revenues and expenditures, taxes, education and religion and submit the results of its supervision to the People’s Representative Council (DPR) for consideration. Thus, the powers of the DPD are significantly limited compared to the DPR. This paper is a normative legal research, which examines the provisions of articles in the 1945 Constitution of the Republic of Indonesia, related to the role of the Regional Representatives Council in the government system.
Ключевые слова: 
Совет представителей регионов
Совет народных представителей
Конституция 1945 года
государственная система
Индонезия

Azis Setyagama. The supervision function problems of the House of Representatives in the Indonesian government system

In the 1945 Constitution of the Republic of Indonesia, the authority and position of the People’s Representative Council (DPR) is regulated in articles 19-22B, where the DPR functions are given in article 20A paragraph (1), which states that “the DPR shall hold legislative, budgeting and oversight functions”. Indonesia adheres to a Presidential government system, thus the head of state cannot be overthrown by the House of Representatives, and supervision over the government is carried out by the executive. Thus, the DPR is only limited to supervising and cannot act in full measure. About the results of DPR supervision and identified cases of fraud committed by government officials can be reported only to institutions under the auspices of the executive branch. So obviously the DPR’s functions and powers in overseeing the administration of government are very imperfect. This paper is a normative legal research, which examines the provisions of articles in the 1945 Constitution of the Republic of Indonesia, especially those related to the authority of the DPR in terms of oversight of government administration. The problem faced by the DPR is that parliamentarians don’t have the authority to impose legal sanctions on state officials, who carry out their duties in bad faith.
Ключевые слова: 
Совет народных представителей
СНП
государственная система
Индонезия

Azis Setyagama. The position of the People’s Consultative Assembly in the constitutional structure of the Republic of Indonesia

The position of the People’s Consultative Assembly of the Republic of Indonesia (MPR) as the high state institution fundamentally changed after the amendments to the 1945 Constitution. Previously the MPR was the highest governing body in Indonesia. Nowadays the position and the authority of the MPR in the Indonesian constitutional structure is no longer the highest state institution then is equal to other high state institutions. It is a consequence of the presidential system of government, where the position of all high state institutions is balanced and the principle of “checks and balances” between branches of government is implemented. This paper is a normative legal research examining the amendments to the 1945 Constitution, especially the provisions governing the authority of the MPR as contained in article 3 of the Basic Law. Despite all the changes, the MPR is still being the highest legislative branch in the Indonesian political system. This is because the MPR still has the authority to amend the Constitution.
Ключевые слова: 
Народный консультативный конгресс
ННК
государственное управление
разделение властей
Индонезия

Azis Setyagama. Normative-legal regulation in the settlement of disputes for the election of local head in Indonesia

The current direct election for regional heads in Indonesia raises the issue of disputes among the candidates for this post. The settlement of such disputes from 2004 was initially the authority of the Supreme Court, and in 2008, it was transferred to the Constitutional Court, which in 2016 issued a special Law, which mandates a Special Court for the settlement of regional head election disputes. However, until the Special Court will not be formed, the settlement of such disputes will be the authority of the Constitutional Court. This study is based on a normative approach, namely the Constitutional Court Decree No 97/PUU-XI/2013 and Law No 10 of 2016. In addition, a sociological study regarding the existence of a special judicial body that will be formed to resolve regional head election disputes in Indonesia.
Ключевые слова: 
уполномоченные органы
споры
выборы глав регионов
Индонезия

Azis Setyagama. Problematic of the election policy in Indonesia

Indonesia is one of the largest democracies in the world. Indonesian citizens have the highest power where the will of the people is the will of the state. To channel the will of the people general elections are being held as a form of people’s control of the power in Indonesia. Before 2019 elections in Indonesia were held separately between legislative and executive elections. After the Constitutional Court Decision No 14/PUU-XI/2003 general elections in Indonesia are held simultaneously between executive and legislative elections. The impact that occurred after the simultaneous elections were held in 2019, the implementation of this elections took many lives, because many election executive officers died due to fatigue in carrying out tasks due to too much workload and too little time available. This paper represents a normative legal research that examines the norms in given Constitutional Court Decision and Law No 42 of 2008 concerning election of President and Vice President. Besides reviewing from the normative side, the authors also study from sociological studies related to the community’s evaluation of the general elections implementation. From the results of normative and sociological studies it concluded that the simultaneous election in 2019 caused many casualties because election officials were exhausted in carrying out election process. Thus, it is necessary to change the rule of law regarding the implementation of general elections in Indonesia.
Ключевые слова: 
всеобщие выборы
одновременные выборы
избирательный процесс
Конституционный суд
Индонезия

Karim. Restorative justice approach in handling minor offense

Restorative justice appears due to the lack of criminal justice system which not running as expected justice value. The criminal justice system is often caused a disappointment and dissatisfaction either for the victim, the perpetrator or both victim and perpetrator. Hence, this study aims to know how the restorative justice approach handling the minor offense case to reach justice. The methodology used in this study is juridical normative with statue and conceptual approach. Required data taken from regulations in Indonesia. The result of the research showed that restorative justice approach has aim to answer the disappointment on the present criminal justice system. Restorative justice approach is done by expressing regrets and apologies to the victim and his family, as a counterpart, the victim and his family forgive the perpetrator. This is done due to reach justice for both parties. Therefore, restorative justice is an alternative justice concept in handling minor offense.
Ключевые слова: 
восстановительное правосудие
система уголовного правосудия
мелкое правонарушение
Индонезия

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