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
This research tries to examine comprehensively about the different concepts of village autonomy in Law Number 5 of 1979 and Law Number 6 of 2014. The results supposed to be contributed as scientific journal and other scientific work, which is valuable for scientific improvement in provincial autonomy law. It surely could be used by the local governments in Indonesia and hopefully in Asia as a framework to construct a strategic procedure of the village development. This study uses the conceptual approach and analysis approach as methods. The conceptual approach directed to examine the first legal issue related to differ autonomy concept in Law number 5 of 1979 and Law Number 6 of 2014 while the analytical approach is used for assessing the alignment of the concept of village autonomy in Law Number 6, 2014 with a constitutional mandate. Research activity begins with establishing the legal issue through review the primary legal materials, followed by research on secondary law as a theoretical source for legal analysis of emerging issues. Once the overall legal materials collected, the legal issues in the primary legal materials be analyzed. Upon analysis of the legal issues research reports which at the end of the report is concluded and recommended to the stakeholders concerned.
This study aims to determine the forms of non-compliance with the Constitutional Court Decision regarding Manpower and to find a constitutional solution to the problem of non-compliance with the Constitutional Court Decision regarding Manpower.This research is a juridicial normative study using a statutory, case, and conseptual approach.Using legal materials in the form of a Constitutional Court Decision related to Manpower.From the research results, it can be concluded that the Constitutional Court Decision regarding Manpower are not obeyed by the adressats. Various forms of non-compliance with the Constitutional Court Decision regarding Manpower-related Laws were not followed up and partially fulfilled in the form of government policies such as the Regulation of Minister of Manpower, Circular of the Minister of Manpower. Some laws are in the legislative process. The constitutional solution that has the potential to realized for non-compliance with the Constitutional Court Decision is the implementation of the concept of judicial order, judicial defferal, and imposition of sanctions.
The regulation of narcotics in Indonesia began in the New Order era with the enactment of Law No. 22/1997 concerning Narcotics. However, in the reform era, there were revisions to the narcotics law with the enactment of the new narcotics law, which was Law No. 35/2009 concerning narcotics. This study applies a normative method based on the statutory approach and conceptual approach. This study aims to understand the shift in the concept of narcotics in Indonesia after the enactment of law 35/2009 and the concept of narcotics in Islamic law. After the enactment of law No. 35/2009 concerning narcotics, there was a shift in the concept of narcotics, which are substantial and essential in the form of changes and additions to the law No 35/2009 concerning narcotics. The amendment is related to several definitions that exist in the narcotics law, along with the addition of existing definitions in general provisions such as the definition of narcotics precursors and the definition of narcotics abuse. The concept of narcotics in Indonesia has an essential closeness to the concept of narcotics in Islamic law because narcotics and chemistry have similarities in terms of illat (legal reasons).
Presidential Regulation Number 99 of 2020 concerning Vaccine Procurement and Vaccination Implementation in the Context of Combating the 2019 Corona Virus Disease (COVID-19) Pandemic. The method used is normative using a statute approach, which is carried out by reviewing all laws and regulations related to this research. Collecting data from this study through primary legal materials consisting of legislation, official records or minutes in the making of legislation and judges' decisions. Meanwhile, secondary legal materials are in the form of textbooks, legal dictionaries, legal journals, and comments on court decisions. Is the refusal of a Covid-19 vaccine a violation of human rights law? And is refusing the Covid-19 vaccine a violation of the Health Quarantine Act? From this study, it can be concluded that the application of sanctions for the rejection of the COVID-19 vaccine is a form of legal protection for the community, as a form of effort to prevent the spread of the corona virus. Where the government has an obligation to protect the public from the risk of transmission of the covid-19 disease outbreak. Keywords - rejection sanctions, covid-19 vaccine, protection.
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