Pub Date : 2019-12-12DOI: 10.24090/volksgeist.v2i2.2870
Ade Harsa Suryanegara
Various services are organized to meet the needs and provide convenience for the community. In the reform era, through the ministry of Administrative Reform and Bureaucratic Reform, one of the efforts to improve the quality of public services is to formulate policies in the form of Public Service Mall. This paper discusses the government's efforts to improve bureaucratic reform through the implementation of Public Service Malls. The issue of licensing is a complicated process that makes it difficult for the public to access public services. Hence, people are reluctant to deal with administrative issues. With an integrated Public Service Mall one door to serve a variety of administrative services, licensing services can be provided in a prime, effective and efficient manner.
{"title":"Reformasi Birokrasi dan Pemenuhan Hak Warga dalam Mengakses Pelayanan Publik melalui Mal Pelayanan Publik","authors":"Ade Harsa Suryanegara","doi":"10.24090/volksgeist.v2i2.2870","DOIUrl":"https://doi.org/10.24090/volksgeist.v2i2.2870","url":null,"abstract":"Various services are organized to meet the needs and provide convenience for the community. In the reform era, through the ministry of Administrative Reform and Bureaucratic Reform, one of the efforts to improve the quality of public services is to formulate policies in the form of Public Service Mall. This paper discusses the government's efforts to improve bureaucratic reform through the implementation of Public Service Malls. The issue of licensing is a complicated process that makes it difficult for the public to access public services. Hence, people are reluctant to deal with administrative issues. With an integrated Public Service Mall one door to serve a variety of administrative services, licensing services can be provided in a prime, effective and efficient manner.","PeriodicalId":34760,"journal":{"name":"Volksgeist","volume":"51 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-12-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90682343","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-12-11DOI: 10.24090/volksgeist.v2i2.2822
Nur Wahid
This paper examines the minimum age requirement for marriage in Indonesian family law legislation in Indonesia historically. Determination of the minimum age for marriage in various countries is the result of ijtihad by considering the principle of physical and psychological maturity. In Indonesian marriage legislation sating that marriage is only permitted if the man reaches the age of 19 (nineteen) years and the woman has reached 16 (sixteen) years. Early marriage has several risks such as potential premature births, birth defects, maternal depression rates, maternal mortality rates, risk of contracting sexually transmitted diseases. Therefore, the authors strongly agree that the minimum age of marriage in Indonesia changed to 19 years
{"title":"Historisitas dan Tujuan Aturan Umur Minimal Perkawinan dalam Perundang-Undangan Keluarga Islam di Indonesia","authors":"Nur Wahid","doi":"10.24090/volksgeist.v2i2.2822","DOIUrl":"https://doi.org/10.24090/volksgeist.v2i2.2822","url":null,"abstract":"This paper examines the minimum age requirement for marriage in Indonesian family law legislation in Indonesia historically. Determination of the minimum age for marriage in various countries is the result of ijtihad by considering the principle of physical and psychological maturity. In Indonesian marriage legislation sating that marriage is only permitted if the man reaches the age of 19 (nineteen) years and the woman has reached 16 (sixteen) years. Early marriage has several risks such as potential premature births, birth defects, maternal depression rates, maternal mortality rates, risk of contracting sexually transmitted diseases. Therefore, the authors strongly agree that the minimum age of marriage in Indonesia changed to 19 years","PeriodicalId":34760,"journal":{"name":"Volksgeist","volume":"8 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-12-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75408436","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-12-11DOI: 10.24090/volksgeist.v2i2.2894
Tomy Michael, Umar Faruq
This article is intended to address the issue of community accountability in the event of an accident due to speed limitation or 'polisi tidur’. The method used is normative legal research, which uses a statutory approach and a conceptual approach. This article concludes that the public can sue the Minister of Public Works or State Legal Entity under the Department of Transportation. In the daily life of the village apparatus to always supervise the surrounding community to avoid fatal legal actions. Communities should be given directions by village officials in accordance with the legislation in Indonesia.
{"title":"Tanggung Gugat Apabila Terjadi Kecelakaan Sebab Polisi Tidur","authors":"Tomy Michael, Umar Faruq","doi":"10.24090/volksgeist.v2i2.2894","DOIUrl":"https://doi.org/10.24090/volksgeist.v2i2.2894","url":null,"abstract":"This article is intended to address the issue of community accountability in the event of an accident due to speed limitation or 'polisi tidur’. The method used is normative legal research, which uses a statutory approach and a conceptual approach. This article concludes that the public can sue the Minister of Public Works or State Legal Entity under the Department of Transportation. In the daily life of the village apparatus to always supervise the surrounding community to avoid fatal legal actions. Communities should be given directions by village officials in accordance with the legislation in Indonesia.","PeriodicalId":34760,"journal":{"name":"Volksgeist","volume":"122 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-12-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79063529","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-12-10DOI: 10.24090/volksgeist.v2i2.2884
M. A. Firosa
This article is intended to address the problem of the dissolution of social organizations as stated in social organizations law viewed from the principles of state law, democracy and human rights. The method used is normative juridical. The approach used is the statutory approach and conceptual approach. This article concludes that the mechanism for dissolution of civil society organizations has become more concise by not passing through the courts because of the inclusion of the contrarius actus principle. This is not in accordance with the principles of state law, democracy and human rights. Social Organization as an important instrument in democracy and a form of freedom of association, the dissolution has to be decided through a due process mechanism of law by an independent court. This legal process becomes very important because the dissolution carried out by an executive institution unilaterally will lead to arbitrariness.
{"title":"Pembubaran Organisasi Kemasyarakatan dalam Perspektif Hak Kebebasan Berserikat Berdasarkan Konstitusi Negara Republik Indonesia","authors":"M. A. Firosa","doi":"10.24090/volksgeist.v2i2.2884","DOIUrl":"https://doi.org/10.24090/volksgeist.v2i2.2884","url":null,"abstract":"This article is intended to address the problem of the dissolution of social organizations as stated in social organizations law viewed from the principles of state law, democracy and human rights. The method used is normative juridical. The approach used is the statutory approach and conceptual approach. This article concludes that the mechanism for dissolution of civil society organizations has become more concise by not passing through the courts because of the inclusion of the contrarius actus principle. This is not in accordance with the principles of state law, democracy and human rights. Social Organization as an important instrument in democracy and a form of freedom of association, the dissolution has to be decided through a due process mechanism of law by an independent court. This legal process becomes very important because the dissolution carried out by an executive institution unilaterally will lead to arbitrariness.","PeriodicalId":34760,"journal":{"name":"Volksgeist","volume":"6 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-12-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77770243","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-12-10DOI: 10.24090/volksgeist.v2i2.2880
Diding Rahmat, Sarip Sarip
The Republic Indonesia has continually changed since reformation particularly regarding the institution that uphold national law. The historical process resulted in the formation of dual jurisdiction of the judiciary, namely the supreme court (MA) and the contitutional court (MK). Dual jurisdiction is interesting fact to be noticed. This model is used to analyze the problems of state administration. This article shows that the history of Indonesian governance has played significant role in Indonesian politics. Indonesian state administration is inseparable from the influence of A Model Islamic Contitution on the amendment. Hence, Indonesia is basically not an Islamic state but a country that adopts several Islamic constitutional provisions which are then adjusted to the Indonesian domain. This role has now been realized in a judicial institution namely the Constitutional Court of the Republic of Indonesia as the mandate of the 1945 amendment.
{"title":"Comparative A Model Islamic Constitution dalam Pembentukan Dual Yuridiction Yudikatif Pasca Amandemen UUD 1945","authors":"Diding Rahmat, Sarip Sarip","doi":"10.24090/volksgeist.v2i2.2880","DOIUrl":"https://doi.org/10.24090/volksgeist.v2i2.2880","url":null,"abstract":"The Republic Indonesia has continually changed since reformation particularly regarding the institution that uphold national law. The historical process resulted in the formation of dual jurisdiction of the judiciary, namely the supreme court (MA) and the contitutional court (MK). Dual jurisdiction is interesting fact to be noticed. This model is used to analyze the problems of state administration. This article shows that the history of Indonesian governance has played significant role in Indonesian politics. Indonesian state administration is inseparable from the influence of A Model Islamic Contitution on the amendment. Hence, Indonesia is basically not an Islamic state but a country that adopts several Islamic constitutional provisions which are then adjusted to the Indonesian domain. This role has now been realized in a judicial institution namely the Constitutional Court of the Republic of Indonesia as the mandate of the 1945 amendment.","PeriodicalId":34760,"journal":{"name":"Volksgeist","volume":"37 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-12-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86165307","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-06-30DOI: 10.24090/VOLKSGEIST.V2I1.1778
N. Nurhadi
The Medina Charter as the first constitutional document in Islam, has relationship with Pancasila in the Jakarta Charter as religious ideology. It shows that the Medina Charter has relevance to the philosophical values of Pancasila as the ideology of the Indonesia. This paper presents the relationship between the Medina Charter abbd Pancasia from normative and philosophical point of view in order to prove that the Constitution's Ideology of the Medina Charter is very relevant to the Jakarta Charter with the Philosophical values of Pancasila. The first principle (or Sila) of Pancasila Belief in one supreme being is in line with article in the Medina Charter about monotheism and aqedah. The second Sila of Pncasila Just and Civilized Humanitarism is in relation with the Articles about Human Rights in the Medina Charter. The third Sila of Pancasila about the comitment to the unity of Indonesia is also stated in Articles of Medina Charter about unity and brotherhood. The forth principle about the idea of people led or governed by wise politics in line with the Articles about deliberation and agreement. The last principle about the commitment to Social Justice for All Indonesian People is similar with the law of human rights in the Medina Charter.
{"title":"Ideologi Konstitusi Piagam Madinah dan Relevansinya dengan Ideologi Pancasila","authors":"N. Nurhadi","doi":"10.24090/VOLKSGEIST.V2I1.1778","DOIUrl":"https://doi.org/10.24090/VOLKSGEIST.V2I1.1778","url":null,"abstract":"The Medina Charter as the first constitutional document in Islam, has relationship with Pancasila in the Jakarta Charter as religious ideology. It shows that the Medina Charter has relevance to the philosophical values of Pancasila as the ideology of the Indonesia. This paper presents the relationship between the Medina Charter abbd Pancasia from normative and philosophical point of view in order to prove that the Constitution's Ideology of the Medina Charter is very relevant to the Jakarta Charter with the Philosophical values of Pancasila. The first principle (or Sila) of Pancasila Belief in one supreme being is in line with article in the Medina Charter about monotheism and aqedah. The second Sila of Pncasila Just and Civilized Humanitarism is in relation with the Articles about Human Rights in the Medina Charter. The third Sila of Pancasila about the comitment to the unity of Indonesia is also stated in Articles of Medina Charter about unity and brotherhood. The forth principle about the idea of people led or governed by wise politics in line with the Articles about deliberation and agreement. The last principle about the commitment to Social Justice for All Indonesian People is similar with the law of human rights in the Medina Charter.","PeriodicalId":34760,"journal":{"name":"Volksgeist","volume":"396 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80690758","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-06-30DOI: 10.24090/VOLKSGEIST.V2I1.2684
K. A. Harahap
Based on Law No. 1 of 1974 about Marriage, the Government of Indonesia has determined to adhere to the principle of monogamy in terms of marital arrangements. However, the Government of Indonesia does not decline polygamy opportunity for its citizens who wish to marry more than one person with some determined conditions and procedures. In the perspective of Islamic law, polygamy is permissible, but not mandatory and recommended. The law of polygamy in Islamic law follows the circumstances and conditions of someone who wants to practice polygamy. This study seeks to analyze and compare the Government of Indonesia policy and Islamic law in terms of marriage, especially regarding the reasons, conditions, and procedures for polygamy.
{"title":"Kebijakan Pemerintah Republik Indonesia dan Hukum Islam Mengenai Poligami: Sebuah Kajian Perbandingan","authors":"K. A. Harahap","doi":"10.24090/VOLKSGEIST.V2I1.2684","DOIUrl":"https://doi.org/10.24090/VOLKSGEIST.V2I1.2684","url":null,"abstract":"Based on Law No. 1 of 1974 about Marriage, the Government of Indonesia has determined to adhere to the principle of monogamy in terms of marital arrangements. However, the Government of Indonesia does not decline polygamy opportunity for its citizens who wish to marry more than one person with some determined conditions and procedures. In the perspective of Islamic law, polygamy is permissible, but not mandatory and recommended. The law of polygamy in Islamic law follows the circumstances and conditions of someone who wants to practice polygamy. This study seeks to analyze and compare the Government of Indonesia policy and Islamic law in terms of marriage, especially regarding the reasons, conditions, and procedures for polygamy.","PeriodicalId":34760,"journal":{"name":"Volksgeist","volume":"13 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87776303","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-06-30DOI: 10.24090/VOLKSGEIST.V2I1.2491
Melani Diah Sekar Puri, Ridwan Arifin
Indonesia as Unitary State consists of various kinds of tribes, customs, and even religions. The legal system adopted in Indonesia is not only civil or criminal law, but also mulually related religious and customary laws. Until recent years, Indonesia still uses European law as the national law and still try to make the customary law to be a national law. In fact, the implementation of European law is considered incompatible with the soul of the Indonesian people, especially in the the case family law. This paper seeks to uncover customary influences and effects in the development of family law in the national legal system.
{"title":"Pengaruh Adat dalam Hukum Keluarga terhadap Pembaruan Hukum Nasional","authors":"Melani Diah Sekar Puri, Ridwan Arifin","doi":"10.24090/VOLKSGEIST.V2I1.2491","DOIUrl":"https://doi.org/10.24090/VOLKSGEIST.V2I1.2491","url":null,"abstract":"Indonesia as Unitary State consists of various kinds of tribes, customs, and even religions. The legal system adopted in Indonesia is not only civil or criminal law, but also mulually related religious and customary laws. Until recent years, Indonesia still uses European law as the national law and still try to make the customary law to be a national law. In fact, the implementation of European law is considered incompatible with the soul of the Indonesian people, especially in the the case family law. This paper seeks to uncover customary influences and effects in the development of family law in the national legal system.","PeriodicalId":34760,"journal":{"name":"Volksgeist","volume":"45 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90177329","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-06-29DOI: 10.24090/VOLKSGEIST.V2I1.2283
Slamet Akhmadi
House is part of everyobe needs. In oder to get house they deired, they can use Islamic Banking services. One of financial products offered by Islamic Banks is financing home ownership or conventional banks loans reffered to as products (Mortgages). In offering products related to home ownership, islamic banking is using Musharaka Mutanaqisha contract (Transaction). The purpose of this paper is to determine the extent of Mutanaqishah Musyarakah law and its implementation in Islamic bank institutions. The result of this study shows that this type of contract (musyarakah mutanaqishah) is legal and can be implemented in Islamic bank institutions in financing products for the procurement of goods (houses)
{"title":"Hukum Musyarakah Mutanaqhisah dan Implementasinya pada Perbankan Syariah","authors":"Slamet Akhmadi","doi":"10.24090/VOLKSGEIST.V2I1.2283","DOIUrl":"https://doi.org/10.24090/VOLKSGEIST.V2I1.2283","url":null,"abstract":"House is part of everyobe needs. In oder to get house they deired, they can use Islamic Banking services. One of financial products offered by Islamic Banks is financing home ownership or conventional banks loans reffered to as products (Mortgages). In offering products related to home ownership, islamic banking is using Musharaka Mutanaqisha contract (Transaction). The purpose of this paper is to determine the extent of Mutanaqishah Musyarakah law and its implementation in Islamic bank institutions. The result of this study shows that this type of contract (musyarakah mutanaqishah) is legal and can be implemented in Islamic bank institutions in financing products for the procurement of goods (houses)","PeriodicalId":34760,"journal":{"name":"Volksgeist","volume":"10 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83355874","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-06-29DOI: 10.24090/VOLKSGEIST.V2I1.1974
Dessi Perdani Yp Sari, Rani Hendriana
One solution to enforce traffic violation is by using E-ticket (e-tilang) penalties for traffic violators. Conceptually, E-tilang is the settlement of electronic-based traffic violation cases through information system and technology, as stated in Article 1 number 2 of the Republic of Indonesia Supreme Court Regulation Number 12 of 2016 concerning how to resolve traffic violation cases. E-tilang is considered able to provide more practical and fast service compared to conventional ticket. The problem in this study is to identify how is the implementation and constraints of the e-tilang system fine sanctions in the settlement of traffic violations cases in Banyumas police station jurisdiction? This research is an empirical study using sociological juridical approach. The data is processed in a qualitative descriptive manner. The focus of this research is the implementation of e-tilang penalties for traffic offenders in Banyumas. The results of this study describe the application of e-tilang to facilitate the speed, convenience, and openness of the implementation of the ticketing process to replace in-place ticketing process.
{"title":"Pelaksanaan Sanksi Denda E-Tilang Bagi Pelanggar Lalu Lintas","authors":"Dessi Perdani Yp Sari, Rani Hendriana","doi":"10.24090/VOLKSGEIST.V2I1.1974","DOIUrl":"https://doi.org/10.24090/VOLKSGEIST.V2I1.1974","url":null,"abstract":"One solution to enforce traffic violation is by using E-ticket (e-tilang) penalties for traffic violators. Conceptually, E-tilang is the settlement of electronic-based traffic violation cases through information system and technology, as stated in Article 1 number 2 of the Republic of Indonesia Supreme Court Regulation Number 12 of 2016 concerning how to resolve traffic violation cases. E-tilang is considered able to provide more practical and fast service compared to conventional ticket. The problem in this study is to identify how is the implementation and constraints of the e-tilang system fine sanctions in the settlement of traffic violations cases in Banyumas police station jurisdiction? This research is an empirical study using sociological juridical approach. The data is processed in a qualitative descriptive manner. The focus of this research is the implementation of e-tilang penalties for traffic offenders in Banyumas. The results of this study describe the application of e-tilang to facilitate the speed, convenience, and openness of the implementation of the ticketing process to replace in-place ticketing process.","PeriodicalId":34760,"journal":{"name":"Volksgeist","volume":"258 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76218365","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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