Ditemukan 3 dokumen yang sesuai dengan query
Brian Amy Prastyo
Abstrak :
Every government operates secrecy as one of mechanism to protect the
state, the people, and the assets from threats. There is lack of clarity of
rules for the secrecy system in Indonesia. Ultimately, there is no uniform
conception among government officials, because each agency makes its
own policy and system. This condition brings disadvantage to society,
because there is no clear guidance on this subject and it will not be
able to push the government to act more responsible in managing the
information. The rules about ?closed archives? in Law No. 43 of 2009
about Archives and the term of ?security classification? that mentioned
in Government Regulation No. 28 of 2012 about the Implementation
of Law No. 43 of 2009 about Archives, do not help at all in solving that
problems. To get the accountability in the management of closed archive,
the government does not have any other option than establishing a set
of rules that describe a clear secrecy system. The secrecy concept can
be framed within the concept of records life cycle, in order to be more
adjustable to the existing system.
University of Indonesia, Faculty of Law, 2013
pdf
Artikel Jurnal Universitas Indonesia Library
Waddell, Sarah
Abstrak :
A new property right known as the coastal waters commercial use right (Hak Pengusahaan Pengairan Pesisir (HP-3)) introduced by Law No. 27 of 2007 regarding the Management of Coastal and Small Island Areas has been ruled inoperative by the Constitutional Court. The decision raises a question as to whether the door has been closed to marketbased instruments that rely on property rights as a policy tool in natural resources management. This concern is relevant as legal developments in natural resources law internationally have moved away from traditional forms of regulation to focus on the creation of new statutory property rights such as fisheries rights, water use rights and rights associated with carbon sequestration. An exploration of theConstitutional Court?s decisionsuggests that a similar line of reasoning would not, and should not,arise in relation to other forms of property rights that the Government of Indonesia may seek to introduce in the future.
University of Indonesia, Faculty of Law, 2012
pdf
Artikel Jurnal Universitas Indonesia Library
Zia Akhtar
Abstrak :
This article considers the general points relating to the application of Sharia law which challenges legislators in the political instability of a number of Middle Eastern countries. The question explored is how governments of these countries who are facing discontent can work towards constitutional governance. As an example comparison is made between the Islamic Republic of Pakistan and Indonesia with the largest Muslim populations. In Pakistan an inherited Westminster Parliamentary system with a common law codified dated at the time of the British rule is supplemented by criminal penalties as present in the Hudood ordinances. These codes enforce punishments for some crimes and these were promulgated in the early 1980s during the reign of the Pakistani conservative military government. These different layers of jurisprudence do not accord with a uniform legal precedence and creates a clash between liberals and the fundamentalists who want an all pervasive Sharia law. The Pakistani legal canon of Islamic law has been restricted by the secular ideology of the state which has parallels in other Asian countries with a Muslim majority. However, there is an issue of compatibility of a secular ideology and the application of Sharia. It needs an exposition of thought that takes account of the enlightenment in Europe which led to the social contract theory in the 18th century. This theory rejects the narrow interpretation of divine authority and presents the jurist with a challenge to make modernize the laws. In recent times Muslim academics have adopted a critical approach against the tenets of conservatism in temporal Islam and called them unrepresentative of the true spirit of the Sharia. The present turmoil in the Arab countries has raised the question of legitimacy and the need arises to evaluate the principles of the Compact of Medina, which was proclaimed by the first Islamic state, and secondly, to enquire if the adoption of Sharia can be made contingent upon a consensus of popular sovereignty in order to make it binding in a contract between the ruler and the governed.
Depok: Faculty of Law University of Indonesia, 2011
AJ-Pdf
Artikel Jurnal Universitas Indonesia Library