Independent State Institution Research Articles

Environmental Damage Due to Hazardous and Toxic Pollution: A Case Study of Citarum River, West Java, Indonesia

Until now, environmental crimes in the Citarum watershed, especially the disposal of hazardous and toxic waste (HTW) still occurs. Consequently, there are a countless number of disasters that are happening in a day. However, where is the social control of bureaucrats of the State Ministry for the Environment of the Republic of Indonesia? This research approach method was the qualitative method. The research results showed that the perpetrators of environmental damage to the Citarum watershed were not aware that the impact of environmental damage was more violent than other crimes. It was because this type of crime sometimes had unexpected impacts related to the intensity, duration, and extent of the area affected. Therefore, the efforts to prevent environmental crimes against the Citarum river water should cover various aspects. These include very strict supervision in terms of check and balance of the independent state institutions as well as the discretion given to the authorities in the disposal of hazardous and toxic waste into the Citarum River.

Collaborative Governance and Hoax Politics in The Era of Covid-19 in Makassar City

The spread of political hoaxes is quite massive and fast. As the coming political year approaches, inter-community friction may occur due to the spread of hoax news and can cause anxiety, hatred, and hostility in society. As a result, if it continues and is not controlled, it will result in conflicts between individuals and different groups. This study aims to find a Collaborative Governance model to prevent the spread of political hoaxes. This study uses a qualitative approach to reveal the forms and types of hoaxes on social media and reveal hidden values. The data collection method used focused observation techniques, in-depth interviews, and documentation. The results of the study show, namely: Frist, a political hoax is a form of Cyber Crime that seems simple easy to do but has a significant impact on people's social life. Second, types of political hoaxes, including, namely Satire or Parody, Misleading Content, Counterfeit Content, Fake Content, Wrong Connections, False content, and manipulated content. The strategy for dealing with political hoaxes is the movement to educate the public to be more critical in politics. The government must be supported by elements of education, independent state institutions, and other social institutions. The political literacy movement is a comprehensive effort that involves all parties and elements intensely and continuously in the fight against lies. Apart from values and norms, legal, social, and religious instruments must be included there. Political hoax must be considered a social disaster in the political space.

Principles of functioning of the Pension Fund of Ukraine as a vector of its activity

Legislation provides that the activities of ministries and other central executive authorities are based on principles of the rule of law, ensuring compliance for human and citizen rights and freedoms, continuity, legality, ensuring the unity of public policy, openness and transparency, accountability. As a result, most researches focuses on the study and characterization of these principles of central executive authorities as a whole, than on the individual bodies as independent state institutions.
 In this case, the principles underlying on organization and functioning are becoming important for ensuring the effective function of any state authority, its subordination to the interests of society. It's about the basic ideas and requirements which define both its structure, distinctive features of management activities, and the order of relations with the recipients of services provided by this state authority.
 One of the fundamental bases of administrative and legal support of the Pension Fund of Ukraine is the principles of its activities. This is due to the fact that any state institution has its origins. It's about their formation and development, about what lies in the main. By using the concept of "principles" is possible to reveal the primary basis or the primary source of activity of the Pension Fund of Ukraine.
 This article is devoted to the study of the basic principles of the Pension Fund of Ukraine as a central executive authority in the field of pensions provision. At the same time, the growing number of lawsuits involving the Pension Fund of Ukraine indicates the need to highlight the characteristics of the principles of such authority.
 Therefore, the article provides a comparative analysis of the existing definitions of the concept of "principles", considers the essence and classification of the principles of the Pension Fund of Ukraine. Investigated the verification of principles in the field of law and public administration. Also, established the need for systematic action of the principles of functioning of the Pension Fund of Ukraine as a state institution that ensures the effective exercise of power.

KONSEP INDEPENDENSI KEJAKSAAN REPUBLIK INDONESIA DALAM PERSPEKTIF TEORI THE NEW SEPARATION OF POWER BRUCE ACKERMAN

Independence is a must in a state of law (rechtstaat) as stated in article 1 paragraph (1) of the 1945 Constitution of the Republic of Indonesia. The independence is inseparable from the theory of separation of powers. The separation of powers theory was developed by Charles Louis de Secondat Baron Montesquieu or better known as the trias politica theory which divides power into three, namely executive power, legislative power, and judicial power. The 1945 Constitution does not explicitly explain the existence of the prosecutor's office, but in Law no. 16 of 2004 which regulates the Attorney General's Office of the Republic of Indonesia places this institution as a "government institution" so that the position of the prosecutor in the Indonesian constitutional system is part of the executive power. This may causes the prosecutor's office to be independent and carry out its duties and functions. This study is a qualitative research, while the research approach used is the legal approach and the conceptual approach. Both the primary and secondary data was collected. The data was obtained through the 1945 Constitution, Law no. 16 of 2004, journals and books related to topic of research. The theoretical framework was applied to examine the concept of the independence of the Indonesian Attorney General Office by using the theory of The New Separation of Powers, which was initiated by Bruce Ackerman. In his theory, Ackerman divides powers into five, one of which is Independent Agencies. The result of this study showed that the position of the prosecutor's office is institutionally under executive power as stated in the prosecutor's law and regarding the ideal concept of prosecutor's independence in the Indonesian constitutional system which is analyzed through the theory of The New Separation of Power, namely by placing the prosecutor's office as an independent state institution that free from executive influence, broadly speaking, the placement of independent state institutions (Independent Agencies) is a separate branch of power out of the trias politica concept.

Legal Analysis of the Establishment of a Special Electoral Court as an Independent State Institution

Article 24 of the 1945 Constitution only on structure but not on institutional functions where there are still many institutions/agencies in the government that carry out judicial functions. The regulation has led to the emergence of several independent institutions to carry out judicial functions, one of which is a special election court. The research used is normative research with an approach that focuses on the theoretical approach, the statutory approach, the case approach and is described in a qualitative descriptive form. The special election judiciary as an independent institution that will be formed is again from the law that aspires to, namely an institution that is free from intervention and can carry out judicial functions and disputes over the results of the elections. This special court is under the jurisdiction of the Supreme Court and will take the form of ad hoc. Its authority is to examine and adjudicate disputes over election results.

The Influence of Training, Career Development and Performance Management on Employee Competencies, Employee Performance and Organizational Capability

The purpose of the study to examine and analyze the effect of training, career development and performance management on employee competencies, employee performance and organizational capability. This research was conducted at an independent state institution which has the sole objective of achieving and maintaining the stability of the rupiah value. The data collection technique was carried out by distributing questionnaires. Before being distributed, the research questionnaire had been tested for validity and reliability using SPSS. The number of respondents was 445 employees. Processing data to prove the hypothesis using the Structural Equation Model (SEM) Lisrel 8.80. The results indicated that training and performance management had significant and positive effect on employee competencies, career development had no significant effect on employee competencies, employee competencies had a significant and positive effect on employee performance, employee performance had a significant and positive effect on organizational capability.

Article 24C Paragraph 1 of the 1945 Constitution of the Republic of Indonesia: History and Critical Analysis of Disputes on the Authority of State Institutions

In simple terms, the ratio legis can be interpreted as the reason why there is a provision in the law. Article 24C paragraph (1) of the 1945 Constitution of the Republic of Indonesia determines the authority possessed by the Constitutional Court, paragraph (1) reads: The Constitutional Court has the authority to adjudicate at the first and final levels whose decisions are final to examine laws against the Constitution, decide disputes over authority a state institution whose authority is granted by the Constitution, decides on the dissolution of political parties, and decides on disputes regarding the results of general elections. The limiting provisions of Article 24C paragraph (1) seem to close the scope for expanding the Constitutional Court authority to decide disputes over the authority of independent state institutions. Meanwhile, this is a state requirement. This research uses a statutory approach with a descriptive analysis method. The conclusions obtained are: 1) it is not possible that a state institution that has supervisory authority has conflict with other legal institutions; 2) there are state institutions whose authorities are regulated by law and have the potential for authority disputes, but are resolved through the executive agency; 3) there is the authority of state institutions that have the potential for conflict of authority but there are no rules for resolving them.

Implikasi Kedudukan KPK Sebagai Rumpun Kekuasaan Eksekutif Berdasarkan Undang-undang Nomor 19 Tahun 2019

The development of modern state administration constitutes new branches of power outside the Legislative, Executive and Judicial power, as well-known in the concept of “trias politica”. This branch of power is an Independent power with the emergence of a number of independent State commissions. In Indonesia, one such institution is the Corruption Eradication Commission (KPK). However, Law Number 19 of 2019 changed the KPK to become part of the executive power. So that, in this paper will discuss about the position of independent state institutions in a constitutional perspective and the implications of establishing the KPK as an executive body. This research is a normative research with the type of doctrinal research. The approach uses statutory approach and a conceptual approach. The results show that independent power does exist in the modern constitutional perspective. However, the establishment of the KPK as an independent institution in the executive clump has several implications, including the transfer of KPK's responsibility to the President, the executive forming the Supervisory Board which regulates the work procedures of the KPK and the KPK becomes the object of the DPR's inquiry rights.

Reformulation of Institutional Relationship between the People’s Representative Council and the Corruption Eradication Commission

This study aims to reformulate the institutional relationships between legislative bodies and independent state institutions, by taking case studies of the House of Representatives (DPR) and the Corruption Eradication Commission (KPK). This research was conducted with a normative method using a conceptual and statutory approach. The results showed that the DPR-KPK institutional relationship can be formulated into authority relationship, supervisory relationship and financial relationship. In terms of the authority relationship, the principal-agent approach is used to place DPR as the principal whose duty is to support and provides the resources needed for the KPK as its agent. In this context, the KPK is the recipient of the task whose authority is within the subject of DPR. For the Supervision Relationship, The New Public Management Model (NPM) is used to initiate better supervision through the input and output control mechanism. Input control is carried out by DPR through the legislation and commisoner selection process, while output control is carried out based on accountability reports made by KPK. Thus, DPR is not allowed to intervene while the KPK exercise its duty. In terms of financial relationship, the DPR can regulate funding aspects for KPK through financial legislation. However, this budget politics must be adjusted to the needs and workload in carrying out KPK duties.

Сфера гарантування вкладів фізичних осіб як об’єкт адміністративно-правового реглуювання

Soloviova N. А. Field guarantee of deposits ofindividuals as an object of administrative and legalregulation. – Article.The article reveals the connection of the depositguarantee system of individuals with the banking systemand determines their relationship. Attention is drawn tothe fact that both are relatively separate elements of thefinancial system of the state, have in common a complexnature of the legal nature of relations and provide acombination of elements of both private and public law.Taking into account a certain subsystemic nature of thedomestic system of guaranteeing deposits of individualsin relation the banking system of Ukraine, a visionis formulated on the distinction between private lawand public elements of legal relations in both areas. Onthe basis of theoretical generalization and comparativeanalysis, the elements that provide the main functionsof the deposit guarantee system of individuals andrequire an administrative and legal method of legalregulation are identified. An approach the allocation ofadministrative legal relations within the banking sphere,which are available in the field of guaranteeing deposits ofindividuals and are inherent only in it, is formulated. Theauthor's approach definition of object of administrativeand legal regulation of sphere of guarantee of deposits ofphysical persons, its delimitation from a subject is offered.The purpose of the study is analyze the scope ofguaranteeing the deposits of individuals as an objectof administrative and legal regulation, determinethe approach its separation from the subject of legalregulation and its significance.It is concluded that the administrative legal relations toensure the effective functioning of the deposit guaranteesystem of individuals is the object of administrative andlegal regulation in this area. According their content,the norms of administrative law regulate public relationsregarding the implementation of the Fund's DepositGuarantee Fund's powers regulate, supervise and controlthe activities of banks participating in the Fund, withdrawinsolvent banks from the market and liquidate them in casesestablished by the Law of Ukraine On System guaranteeingthe deposits of individuals to ensure the effectiveness ofits operation. This approach provides for stability in thefield of guaranteeing deposits of individuals, stimulatingbanking activities and protecting the interests of depositorsin removing insolvent banks from the market and theirliquidation, precisely because of the administrative and legalregulatory impact on this area by the Deposit GuaranteeFund as an independent special state institution

THE EFFECT OF BI 7-DAYS REVERSE REPO RATE AND EXCHANGE RATE ON THE MONEY SUPPLY (M1) IN INDONESIA

In this globalization’s era, the circulation of money (both M1 and M2) in society is increasing and expanding. One of the aspects used to measure and influence the supply and demand system is the money supply. As an independent state institution, Bank Indonesia has full autonomy in formulating and implementing each of its duties and authorities. In its capacity as the central bank, Bank Indonesia has one single objective, namely to reach and maintain the stability of rupiah. This research was conducted using a qualitative and causality approach. The results of this study indicate that the BI 7-Days Reverse Repo Rate has a negative and significant effect on the Money Supply (M1), the exchange rate has a positive and significant effect on the Money Supply (M1) and the BI 7-Days Reverse Repo Rate and Exchange rates have a direct effect on Total Money Supply (M1).

STRATEGI KOMUNIKASI KPID JAWA TIMUR DALAM PENCEGAHAN PENYEBARAN VIRUS CORONA

This research is motivated by a phenomenon that occurred in early March 2020, the Indonesian people were shocked by the Corona pandemic outbreak, this outbreak originating from China, finally infecting Indonesian society. Broadcast media, both television and radio, are competing to broadcast the Corona outbreak. Indonesian Broadcasting Commission (KPID) East Java as an independent state institution participates in overcoming panic and efforts to prevent the Corona outbreak. The purpose of this study is to describe and find out the communication strategy of the KPID East Java in preventing the spread of the Corona outbreak. The theory used is the analysis of The Pervasive Presence. The method used is qualitative using a phenomenological approach. The results of this study found that the communication strategy of the KPID East Java in dealing with the spread of the Corona outbreak consisted of three strategies, namely by live talk shows on television and radio, distributing circulars to radio and television broadcasting institutions throughout East Java via email and WhatsApp, and publication of information through social media and public sphere, namely the KPID East Java Instagram. These three communication strategies are part of the task of the KPID East Java in supervising broadcasting institutions and media literacy to the public.

Perluasan Kewenangan Pengawasan Dewan Perwakilan Rakyat Republik Indonesia Berdasarkan Undang-Undang Dasar Negara Republik Indonesia Tahun 1945

In general, there are at least 3 functions of the people's representative body. First, the function of legislation. Second, the supervisory function. Third, the budget function. This type of research used in this study is normative research. By using a statutory, conceptual and historical approach. The authority of the DPR's oversight before and after the amendment to the 1945 Constitution does not only lie in the regulation, where before the change is stipulated in the explanation and after the amendment to the 1945 Constitution is regulated in the Articles of the Constitution, but there is an expansion of the intended subject. In the 1945 Constitution prior to the amendment, the supervision of the House of Representatives was only addressed to the President whereas after the amendment to the 1945 Constitution the supervision of the House of Representatives was not only addressed to the President, but to all agencies or officials who carried out Government functions. The authority of the House of Representatives in conducting oversight becomes wider after the issuance of the Constitutional Court ruling No. 36 / PUU-XV / 2017, because independent state institutions, such as the Corruption Eradication Commission and the Election Commission can be subject to oversight by the House of Representatives.

War crime in the conditions of the Joint Forces Operation: a criminological description

The article is devoted to the study of the concept of war crime and analysis of its forensic characteristics. The study analyzed the concepts of crime, war crime and the probable reasons for their commission. It is determined that military service is an extremely important type of activity, as it is designed to ensure state security and protection of the state border of Ukraine. The main military formation in Ukraine is the Armed Forces of Ukraine, the procedure of which is determined by the relevant legislation, according to which the Armed Forces is an independent state and legal institution, a reflection of modern Ukrainian society, but with its specific demographic, organizational, social, psychological and legal features. It is established that any crime is a negative social phenomenon that poses a threat to both society and the state. The social danger of each crime is manifested in the task or the creation of the danger of causing significant harm to public relations: the interests of the individual, society, state, which are protected by criminal law. But in war crimes behind these relations are the interests of a higher order – the military security of the state: the state of combat capability of the Armed Forces, other military formations, the ability to perform tasks set by the state, and ultimately protect the country from possible military aggression. Any crime against military service undermines the combat capability of military units, as a consequence, causes significant damage to the combat capability of the Armed Forces of Ukraine and, ultimately, to the military security of the state. Thus, the social danger of war crimes finds its expression in the task or in the creation of a threat of significant damage to the interests of military security of the state in the field of its defense and, therefore, is characterized by an increased degree of public danger. For Ukraine, in terms of the Operation joint forces, war crimes are extremely negative, as these are the factors that undermine combat readiness, military discipline and legal consciousness of the servicemen, creates the conditions for the loss of military personnel, military property, and therefore requires the authorities to use all necessary resources to fight and prevent the Commission of war crimes. Thus, the data on the person that has committed war crimes, as an element of criminalistic characteristics are of fundamental importance because they are a solid information base, which later during the establishment of corresponding co-dependent relationships will determine the other unknown elements of criminalistic characteristics.

Changes in Corruption Eradication Commission In Legal Sociology Perspective

The Corruption Eradication Commission is an independent state institution whose job it is to carry out the duties and powers of corruption eradication free from any power. The Corruption Eradication Commission was born during the reign of President Megawati, namely through Law No. 30 of 2002 concerning the Corruption Eradication Commission. In 2019 there was a revision of the Corruption Eradication Commission Law, but the revision was opposed by the public, because the change was seen as likely to weaken the Corruption Eradication Commission. Observing the brief description above, the researcher in this paper wants to raise at least 2 problems, namely; 1), Are the three foundations for the formation and amendment of the Prevailing Laws, namely juridical, philosophical and sociological elements that have been fulfilled in the amendment of the Corruption Eradication Commission Law? 2), is the amendment to the Corruption Eradication Commission Law in accordance with the expectations and realities in society from the perspective of legal sociology? This paper would like to try to provide an overview of the Corruption Eradication Commision and the Amendment to the Corruption Eradication Commision Law, both in the prevailing legal normative theory and in current practice. This research is a normative legal research which is carried out through library research. The discussion in the research, if viewed from the aspect of fulfilling the foundation for the formation and changes of laws and regulations, then the amendments to the Corruption Eradication Commision have fulfilled these aspects, namely philosophical, sociological and juridical aspects in which the Corruption Eradication Commision itself has existed for 17 years in carry out its duties and authorities as an agency to eradicate corruption. Meanwhile, from the perspective of legal sociology, the public does not want any changes to the Corruption Eradication Commision, in which the Corruption Eradication Commision is still the institution of public trust in eradicating corruption in Indonesia.

IMPLEMENTATION OF NADHIR ONLINE REGISTRATION SYSTEM IN BADAN WAKAF INDONESIA USING AGILE DEVELOPMENT METHODS

The Indonesian Waqf Board is an independent state institution formed under law number 41 of 2004 concerning endowments. At present, nadhir registration service activities at the Indonesian Waqf Board are still carried out offline, which causes nadhir registration service activities to be inefficient and take a long time. From the above problems the authors make research "Implementation of the Nadhir Online Registration System Using Agile Development Methods" which can help the Indonesian Waqf Board in nadhir registration activities in the Indonesian Waqf Board. This research uses agile development methods that focus on personal interactions, software functionality, collaboration with clients, responses to change. The results based on experiment are in the form of a website-based nadhir registration information system that features online registration, file upload, disposition, file verification, recommendations, approving and printing certificates that can help the process of registering nadhir in Indonesian Waqf Board. The system test results obtained from the usability variable 82% so it can be concluded that the system is feasible to use.

INKONSISTENSI PUTUSAN MAHKAMAH KONSTITUSI TERHADAP KEBERADAAN KOMISI PEMBERANTASAN KORUPSI SEBAGAI LEMBAGA NEGARA INDEPENDEN

The Constitutional Court as mandated in the constitution has a function as a guardian of the constitution, therefore, if there are norms in the Act that against to the 1945 Constitution of the Republic of Indonesia can be done by a trial. The decision of the Constitutional Court in the trial of the Act is related to the formal and material aspects, then the verdict that has been fulfilled the legal considerations by the judge, it will become the basis of a decision. Therefore, the verdict can not revoked arbitrarily unless in making decision due to coercion or negligence. The thesis deals and focuses on two aspects: First, showing and analyzing the considerations of the Constitutional Court in deciding the case No.012-016-019 / PUU-IV / 2006, No.19 / PUU-V / 2017, No.37-39 / PUU-VIII / 2010, No.5 / PUU-IX / 2011, No.36 / PUU-XV / 2017. Second, explains why the Constitutional Court inconsistency in determining the status and legal position of the KPK (Corruption Eradication Commision) through its verdict. From the new latest verdict of the Constitutional Court said that the KPK is an independent state institution under the executive authority , it is different from the previous four Constitutional Court decisions which said KPK as an independent state institution.

THE IMPLEMENTATION OF GOOD GOVERNANCE IN SUSTAINING WAQF FUND: AN EXPERIENCE OF INDONESIAN WAQF BOARD (BWI)

Good governance is at the heart of any successful organization. It helps the organization to achieve its objectives and drive improvement, as well as maintain legal and ethical standing in the eyes of shareholders, regulators and the wider community. The implementation of good governance builds a positive reputation and helps to increase business sustainability and profitability within the organization. Indonesia is the most populous Muslim-majority country in the world and has great potential in waqf assets and funds. Indonesian Waqf Board (BWI) is an independent state institution, formed based on Law Number 41 of 2004 concerning waqf. The main objective of its establishment is to become a coordinating institution of existing nazhir (waqf managers) in managing and supervising waqf assets and funds. This paper aims to critically analyze the implementation of good governance adapted by the Indonesian Waqf Board (BWI) in sustaining its waqf fund. A qualitative method approach was employed using primary and secondary sources. The primary data was collected through the interview session with BWI officers, while secondary sources were collected through published regulation and reports, journal papers, and articles. The content analysis approach was adopted to analyze the data gathered from this study. The findings showed that the Indonesian Waqf Board (BWI) was given huge responsibility by carrying out various functions whether as a motivator, facilitator, regulator and other supporting roles. The huge responsibility and the overlapping functions of the BWI have pros and cons in sustaining its waqf fund. This study is expected to provide the current condition of waqf governance in Indonesia and the sustainability of waqf funds managed by the Indonesian Waqf Board (BWI).

Lembaga Negara Independen Di Indonesia Dalam Perspektif Konsep Independent Regulatory Agencies

This study aims to determine the independency of Independent State Institutions (LNI) in Indonesia with the perspective of the concept of Independent Regulatory Agencies (IRAs). In addition, it also analyzes the LNI model that is in line with the concept of IRAs. The number of Independent State Institutions (LNI) in Indonesia has relatively increased since the amendment of the 1945 Constitution. However, the need for institutions that are free from government interference is not accompanied by the formulation of standards and mature institutional design on the aspect of independence as the main characteristic of LNI. This study uses a normative method, with statutory and conceptual approaches. This study concludes that the independence of LNI in Indonesia tends to be non-uniformed. Some institutions meet the aspects of formal independence in the concept of IRAs, but some others still have aspects of regulation that are incomplete. The results of the study of de facto independence also concluded that there were interventions, politicization and resistance from various parties towards the presence and policy of LNI in Indonesia. The LNI model that is in line with the IRAs concept can be done by improving 3 aspects: first, minimizing the authority of the DPR in the selection of LNI leaders, second, providing independent authority, and third, emphasizing the non-partisan provisions in each institutional regulation of LNI.

Halal certification in Indonesia; history, development, and implementation

Indonesia's population with a Muslim majority (87.18%) makes the need for halal products very large. There is a need for halal product guarantees for products entering or circulating in Indonesia. Halal guarantee in Indonesia is regulated by the Government through legislation. The halalness of a product can be determined by conducting halal certification by inspecting the product from the selection of raw materials, the production process, to the final product. The halal certification process in Indonesia has been developing. This study aims to describe the history, development, and implementation of halal certification in Indonesia, one of which is before and after the issuance of law on Halal Product Guarantee (Halal Law). Initially, halal certification in Indonesia was taken over by the Majelis Ulama Indonesia (MUI) which is a civil society movement that has the support of the state. But after the issuance of the Halal Law, the authority for halal certification was transferred to the Badan Penyelenggara Jaminan Produk Halal (BPJPH) which is an independent state institution under the Ministry of Religion of the Republic of Indonesia. This was also followed by several changes in several policies related to halal certification. Halal certification which was initially voluntary and does not yet have strong legal legitimacy has now become mandatory for business actors. Implementation of the Halal Law began on October 17, 2019, and will be carried out in stages. In the implementation effort, there needs to be a good collaboration between the government, business actors, and the community.