Special Authority Research Articles

Franchise in The Perspective of Islamic Contract Law

Background. The construction of an agreement based on Islamic Law must fulfill the principles of mu’amalah, the pillars (rukun) and conditions for the validity of the agreement, the provisions of the agreement and the prohibition of cooperating in committing a sin, and the ability of the parties to carry out legal acts. The valid condition of an aqad (agreement) is that the purpose of the agreement is fulfilled as the main consequence of an aqad. Aims. This article examines franchise business agreements according to the normative provisions of Islamic Law. Methods. Library research studies emphasize the legal aspects of franchises. Conceptual data are tracked on the internet with the keywords franchise and Islamic perspective and the results are analyzed descriptively. Results. Franchise is a form of cooperation agreement (syirkah) which provides special rights and authorities to the franchisee as the recipient. Franchise is a reciprocal agreement, because the franchisor as the franchiser and the franchisee, both are obliged to fulfill certain achievements. Franchise agreements are permitted according to Islamic Law because they are beneficial and do not contain elements that conflict with the concept and process of syirkah and fulfill the pillars of ijarah: ‘uqud (people who have aqad, namely the franchisor and franchisee), sighat ‘uqud (found during negotiations), ujrah (wages), and benefits (business).

EXISTENCE OF RISALATUL QADHA UMAR BIN KHATTAB IN THE ISLAMIC JUDICIAL SYSTEM INDONESIA

Umar bin Khattab was the first person to make a regulation separating executive power and judicial power. The regulation is known as 'Risala al-Qadha' whose contents contain several legal principles which basically refer to the principles of justice, Risala al-Qadha which is the thought of Umar bin Khattab is one of the proofs that Islam left civilization of high value and also proves that Muslim intellectuals have thoughts that lead to the future. This paper aims to analyze the concept of risalatul qadha Umar bin Khattab; know ijitihad ever done by Umar bin Khattab; and knowing the contribution made by Umar Bin Khattab to the Islamic justice system. This study is a qualitative study with a type of library research. The results of the study show that the important points of the qada treatise 'are: Justice is an obligation that must be obeyed; Judges must be fair; The judge reconsidered his decision, Ijtihad Umar bin Khattab in the field of justice; do not punish the cutting off of hands for perpetrators of theft, do not throw away adulterers who are still girls, while the contribution made by Umar Bin Khattab is to make the court an independent institution, giving the judiciary a special authority. Umar was also the first to appoint regional judges who had high independence and autonomy.

THE INDONESIAN ADVOCATES ASSOCIATION AS A CONSTITUTIONAL STATE ORGAN

This research aims to analyze PERADI's position in the Indonesian constitutional law system and discover PERADI's authority as a constitutional state organ. This research is qualitative research with a normative juridical approach and data analysis techniques using descriptive analysis. This research concluded that PERADI is a state organ, and PERADI is classified as an Auxiliary agent, which has a special position and authority in its function as a state org General Election Commissionan. Institutions or organs established by the state to implement statutory norms as regulated in the provisions of Article 7 of Law No. 12 of 2011 as amended by Law No. 15 of 2019 concerning Amendments to Laws Number 12 of 2011 concerning the Formation of Legislation is a state institution or state organ. In a modern legal state, the government promotes and organizes general welfare, which Lemaire calls bestuurszorg. This has implications for government work becoming more extensive. The Indonesian Advocates Association, better known by the abbreviation PERADI as an advocate organization that was born from Law No. 18 of 2003, is part of the government's role in improving the welfare of society in the field of law enforcement so that it can be said that Peradi is a state organ that carries out state functions.

The Legality Questioning of the Investigation Termination Through the Investigation Warranty on Corruption Crime

The ongoing investigation sheds light on a criminal case. The purpose of this study is to analyze the legality of the termination of the investigation of corruption cases carried out by the KPK as a result of the enactment of Article 40 of Law No. 30 of 2002. This research focuses on the authority of the KPK in stopping the investigation process of corruption crimes through the Investigation Termination Order (SP3). With the type of normative juridical-based research, the research is centered on literature research taken from the study of the election, literature studies, and other scientific works then analyzed using qualitative research methods that are oriented to the conceptual certainty approach and the case approach. The main problems found include the legality of SP3 by the KPK in corruption crimes. The results of the study show the position of the KPK as a super body institution, in the enforcement of corruption crimes, it has several special authorities because it is regulated in a specialist manner in its own provisions, including the authority to investigate based on philosophical, sociological, and juridical aspects, where the essence of the KPK's authority is a rational effort in eradicating corruption and realizing law enforcement oriented towards justice and legal certainty. The recommendation given is that investigations and investigations by the KPK must be carried out professionally, efficiently, and effectively by paying attention to the conditions that must be met before the investigation is carried out, so that synergy and coordination between law enforcement officials are needed.

Psycho Social Aspects of Mothers of Children with Intellectual Disability in Relation to Mother Empowerment Program.

The present study investigated the effect of mother empowerment programme on psycho social aspects of mothers having children with intellectual disability attending four special schools of Kottayam district . A descriptive survey cum experimental pretest post test control group research design was used for the study. The objective of the study was to find out the effect of mother empowerment programme on psycho social aspects of mothers having children with intellectual disability. The instrument used for the study was Psycho social scale, pretest was done, mother empowerment programme was given to 50 mothers who obtained low Psycho social score in the survey after obtaining Institutional Ethics Committee approval and permission from the special school authorities. Post test was done using the same instrument, six months after the pre test. The results of ANCOVA showed there is a significant difference in post test Psycho social scores between the experimental and control group. ( F = 4.994, P =0.02 )

Efektivitas Peraturan Daerah Kota Jambi Nomor 2 Tahun 2014 dalam Pemberantasan Pelacuran dan Perbuatan Asusila di Wilayah Kota Jambi

The occurrence of criminal acts of prostitution and immoral acts in the city of Jambi is currently widespread. This can also be proven by the existence of cases of prostitution at OYO accommodation located in the city of Jambi. Even though there is Jambi City Regional Regulation Number 2 of 2014 on the Eradication of Prostitution and Immoral Acts, in reality there is still prostitution in the city of Jambi even though the local area has been closed. The aim of this research is to understand and analyze the factors that influence people to commit prostitution and immoral acts in Jambi City, obstacles in implementing the effectiveness of Jambi City Regional Regulation Number 2 of 2014 in Eradicating Prostitution and Immoral Acts in the Jambi City area and efforts to overcome obstacles in reducing the number of prostitution and immoral acts in the Jambi city area. The research method is an empirical juridical research type with a legal sociology approach and uses data sources, namely primary legal materials and secondary legal materials. The sampling technique was purposeful sampling and data collection techniques were carried out using interviews and document studies and data analysis was carried out using qualitative analysis. The results of his research are that the factors that influence people to commit prostitution and immoral acts in Jambi City are economic and lifestyle factors, a profitable prostitution business, teenagers having broken home family backgrounds and joining the wrong social groups, the existence of hotels and nightclubs or club. The obstacle in carrying out the effectiveness of Jambi City Regional Regulation Number 2 of 2014 in Eradicating Prostitution and Immoral Acts in the Jambi city area is that criminal sanctions are categorized as light and not as a coercive tool to ensnare perpetrators of prostitution, there is no special authority for the police to carry out criminal sanctions in the Regional Regulation. , there was a leak of information during the raid, the condition of the Youth and Women's Social Home in Talang Bakung was still worrying as it could become a rehabilitation place for prostitutes, there was resistance from the community around the prostitution localization to close the prostitution localization, there was foreign culture coming in such as promiscuity. An effort to overcome obstacles in reducing the number of prostitution and immoral acts in the Jambi city area is that the Jambi City Government closes down the localization of prostitution in the city of Jambi, then carries out socialization of Regional Regulation Number 2 of 2014 to the people of Jambi city, the Jambi city government and the Jambi City Civil Service Police Unit. coordinating with the TNI and Polri in carrying out raids as well as the role of the community or parents in supervising their children when using cellphones.

Management Evaluation of Regional Government Implementation Report (LPPD) in Waropen Regency, Papua Province in 2022

This study aims to evaluate the management of the preparation of the Regional Government Implementation Report in Waropen Regency, Papua Province in 2022. This research uses descriptive qualitative method. The data collection techniques used are observation, interviews, and literature studies. Local governments have special rights and authorities to regulate and manage their own government affairs in the regions through the principles of regional autonomy and assistance tasks given by the central government. Local governments need to report on governance based on the Regional Development Work Plan (RKPD). The results of the study stated that the lack of communication and coordination between the leaders of the Regional Apparatus Organization (OPD) and the Regional Secretariat caused a lack of synchronization in the context of collecting data and information on Key Performance Indicators (KPI) between performance and reality in the field of public services. The low accountability of human resources that led to the results of PAD in 2022 which contributed 0.46% of the total realization of regional revenue.

스웨덴 경찰의 부패통제 시스템에 관한 연구

The purpose of this study is to examine the feature and implication of the control system of sweden police. The characteristic of the Swedish police's corruption control system is the balance between internal and external control devices. To summarize, first, A committee-centered decision-making structure prevents centralization of authority. Second, the Special Investigation Department of the National Police Agency maintains its fairness by appointing the head of the Swedish Prime Minister, ensuring independence of work, and exercising special authority to investigate corruption in specific public officials, including police officials. Third, Separate Public Prosecution Office and the National Anti-Corruption Unit are placed directly under the Minister of Justice and have the authority to investigate and prosecute corruption cases of specific public officials, including police officials. In particular, Separate Public Prosecution Office independently exercises the authority to investigate the legitimacy of police use of weapons. Fourth, prevent corruption of public funds by reviewing in advance the appropriateness of police budget use. Fifth, all decision-making processes related to police work and the exercise of police power are disclosed to the public. Sixth. It has a recruitment structure that hires qualified people with the character and ethics of a police officer. In addition, efforts are made to exclude corruption cartels and a culture of silence in police organizations by providing strong identity protection for whistle blowers.

Regulating speech: harm, norms, and discrimination

ABSTRACT Mary Kate McGowan's Just Words offers an interesting account of exercitives. On McGowan's view, one of the things we do with words is change what's permitted, and we do this ubiquitously, without any special authority or specific intention. McGowan's account of exercitives is meant to identify a mechanism by which ordinary speech is harmful, and which justifies the regulation of such speech. It is here that I part ways. I make three main arguments. First, McGowan's focus on harm is misguided; that ordinary speech is harmful is harder to support, and in turn does not less to support conclusions about whether it is wrong and warrants regulation, than Just Words suggests. Second, if the speech is harmful, McGowan's account of exercitives is ill-suited to explain why; the relevant instances of ordinary speech seem to express speakers' views about moral norms, not change social norms. Third, McGowan's argument for why ordinary speech should be regulated because it is a form of discrimination presupposes a great deal that is controversial about what makes discrimination wrong and legally actionable, and even if it is right it may license the regulation of more speech than many, including McGowan, would deem acceptable.

Kolaborasi antara Pemerintah Provinsi Daerah Istimewa Yogyakarta dan Kalurahan dalam Penggunaan Dana Keistimewaan

Provilege fund is matter that attached to the Province of Yogyakarta Special District as a special autonomous region. The privilege fund has an objective to create prosperity for the socieites of the through the benefit optimalization of each activity done and relevant with the special authority. The Use of Privilege Fund cannot be separated from the synergic collaboration among stakeholders that in this analysis focuses on the Collaboration between Province Government Of the Special Region Of Yogyakarta And Kalurahan Government In in the use of privilege fund. This issue becomes a special attention because the high poverty condition level in DIY, which is based in the village areas. The intertwined collaboration between province. Government Of the Special Region Of Yogyakarta And Kalurahan Government In in the use of privilege fund generally becomes an instrument to increase the rate of economic growth and Yogyakarta societies’ welfare. This research utilized Qualitative Method with phenomenology approach. The data collection technique was performed through observation, interview and documentation. This analysis result indicates that the collaboration built between province and Kalurahan government (village) has not been holistically correlated so that the relation is more hierarchic (top down). Besides, there is an ambiguity tendency towards the spirit of villages to build that causes the low local initiatives and generally the authority possessed by the villages.

Chinese Legislation and Theoretical Basis for Patent Parallel Import: Consideration of Parallel Import of Pharmaceutical Patents During the Pandemic

The current Chinese Patent Law permits parallel import, but its theoretical basis is disputed. Neither theprinciple of domestic exhaustion of rights nor the principle of international exhaustion of rights can be used as thetheoretical basis to support parallel import. Chinese legislation can set aside the traditional dispute between the principleof exhaustion of rights and the principle of territoriality, support parallel import in principle, and make exceptions in whichparallel import can be prohibited if the parallel importer violates the contract or authorization agreement or conductsunfair competition to damage the legitimate rights and interests of the patentee or the consumer. The primary objective oflegislation on parallel imports of pharmaceutical patented products should be better protection of public health. Permittingparallel import of patented medicine is of utmost significance to decrease the price of patented drugs and expand theaccessibility of drugs. However, we should also prevent the import of fake and inferior goods. China should be cautiousabout permitting the parallel import of “repackaged” pharmaceutical patented products in legislation and law enforcement.Regarding administrative enforcement, the customs should set up special supervision authorities for patent import andexport, and standardize the enforcement procedure for parallel import.

Kewenangan Otonomi Khusus Pemerintah Aceh dalam Pembangunan dan Peningkatan Kesejahteraan Rakyat

Purpose: This study aims to see the authority of the Government of Aceh towards the development and welfare of the people in Aceh Province through a special autonomy system, special authority as stipulated in Law Number 11 of 2006 concerning the Government of Aceh, because the authority to manage and administer government is an executive institution. Methodology/approach: The research method is juridical normative using secondary data collecting secondary, primary and tertiary materials, the data obtained is carried out qualitative analysis that emphasizes deductive and inductive. Results/findings: The results of the study show that the Government of Aceh has not maximized its authority in implementing the government and using the Special Autonomy Fund for development and community welfare, most of the Special Autonomy Fund is not right on target for the public interest, efforts made by the Government of Aceh and the Aceh People's Representative Council in the future formulate and compile the Aceh Revenue and Expenditure Budget according to needs and interests community. Limitations: This study does not include a table of programs and financial conditions of special autonomy because this research is normative so it does not conduct field research to obtain research data. Contribution: The Government of Aceh to focus on carrying out development not only on physical but non-physical as well, is needed to bring investors from within and outside the country, and place competent people in their fields in the Aceh Government Work Unit, as well as the role of the Aceh People's Representative Council to conduct extra supervision to the Government of Aceh as a user of the budget and organizer of laws and regulations in the Province Aceh.

Трудовая функция как трудоправовой элемент профессиональной деятельности судьи

The article covers the specifics of labor function as a key Labor Law element of the Judge’s professional activity, described as a conjunction of Public Law and Labor Law components. The Author determines compulsory as well as optional elements of labor function of the Judges as a special category employees endowed with special public authority. It is noted that Public Law and Labor Law components of the Judges’ labor function are interconnected, delivering justice as the main function is performed within Labor institutes field.

Konseptualisasi Otonomi Khusus dalam Tinjauan Otonomi Daerah: Konstruksi dan Formulasi

The development of the government system in Indonesia has resulted in significant changes in the form of granting autonomy to the regions. Regional autonomy includes the granting of authority to regions to regulate local issues in accordance with the needs and characteristics of the region. Special autonomy is a variation of the concept of regional autonomy that gives special authority and responsibility to regions with certain characteristics. The purpose of this research is to analyze the way the concept and implementation of special autonomy is interpreted in the situation of regional autonomy. This research uses a normative legal approach method to examine relevant legal regulations and literature related to this topic. The results show that special autonomy is an important step in building governance that is responsive to local needs. While recognizing the privileges of regions with special characteristics, special autonomy must still maintain the unity of the state and respect the values of diversity. The implementation of special autonomy has had a positive impact on regional empowerment, but needs to be improved to remain in line with national goals and human rights. The interaction between the central and local governments in the context of special autonomy also needs to be maintained and strengthened to achieve sustainable and inclusive development throughout Indonesia.

Can Religiosity Reduce Corruption Intention In Civil Servant?

Aceh Province is an area that has special autonomy and authority in regulating regional policies. One of them is regional financial management based on facts that are vulnerable to corruption. Corruption is a deviant behavior that is manifested from misuse of tasks for personal gain, other people and institutions. Corruption is an act that is prohibited by religion, but corruption behavior still occurs. Religiosity should be an individual defense to not commit corruption. The purpose of this study was to determine the relationship between religiosity and the intention of corruption among civil servants in Aceh provincial government agencies. This research uses quantitative research method with incidental sampling technique. The sample in this study were 350 respondents (n = 350) from eight Aceh provincial government agencies. The results of this study indicate that there is a negative relationship between religiosity and corrupt intentions of civil servants, with the meaning that the higher the religiosity, the lower the intention of corruption.

Special Authority of Vilna Governor-General M.N. Muravyov: Personnel Aspect

Abstract. The notions of unlimited authority of M.N. Muravyov were mythologized both by the publicists of the 19th century and later by Soviet historians. Dictatorial ambitions and the pursuit of unlimited power were imputed to Muravyov, that were allegedly necessary for him to “terrorize” the local population, mainly Poles. However, Muravyov administration in North-Western Provinces (1863–1865) mainly was based on the extraordinary authorities of the Vilna governor-general, given already to his predecessor V.I. Nazimov in view of the activation of the Polish national movement in 1861–1862 and the beginning of the open armed uprising in January 1863. On the eve of Muravyov's offi cial appointment as the head of the North-Western Region emperor Alexander II approved special rights for him to replace the governors of all North-Western Provinces, as well as to “purge” the personnel of local offi cials. That “purge” affected high-ranking offi cials of various departments, including offi cers of the corps of gendarmes and the railway corps

The Guardian of Ideology and the Pancasila by the Constitutional Court Decision

The Constitutional Court also fulfils its role as guardian of ideology as a judicial institution with special authority. This has been attempted through a number of Constitutional Court decisions that have been the basis for the positioning and repositioning of Pancasila in its proper state. In particular, this paper investigates, reviews and analyses the role of the Constitutional Court as the guardian of ideology, the practice of various Constitutional Court decisions that reflect efforts as the custodian of ideology, as well as the attitude or direction of the Constitutional Court in maintaining the spirit of Pancasila in relation to the role of custodian of ideology. This paper shows that through its role in re-establishing the inseparable relationship between Pancasila and the 1945 Constitution, which is the basis for resolving constitutional cases, the Constitutional Court has endeavoured to uphold Pancasila. Nevertheless, critics argue that the use of Pancasila as a touchstone has led to legal uncertainty, and that elements of the state apparatus still make historical mistakes in the placement of Pancasila.

Analysis of Geostationary Federal Communications Commission Satellite Applications from 2000 to 2022

The Federal Communications Commission (FCC) acts as the de facto gatekeeper to space for all commercial satellites, so filings to the commission can detail the direction of the industry. Between January 1, 2000, and December 31, 2021, the Commission’s International Bureau (IB) received 3289 geostationary (GEO) satellite filings from 180 distinct companies. GEO satellite filings are in decline, with their 262 applications peak reached in 2003 versus only 69 in 2021. One contributing factor is the steady decline of satellite TV subscribers. Ku band was the most requested frequency band with its ideal combination of bandwidth and resistance to rain fade, but 10 GHz of potential E-band bandwidth remains unused due to technological barriers. Approximately 69.8% of applications were granted, followed by 9.6% withdrawn, and only 7.7% were denied or dismissed, but the top 12 filers constituted only 3.8% of all applications dismissed, meaning that smaller filers’ applications were far less likely to be granted. An application took 172 days on average to be acted on, but Special Temporary Authority applications, which make up 43.7% of all applications, took only 43 days on average. The most requested legal waivers were for frequency allocations, telemetry signals, orbital debris mitigation, and file formatting.

TRANSFORMATION OF SHARIA FINANCIAL INSTITUTIONS THE CASE OF ACEH: POLITICS, STRATEGY AND IMPLEMENTATION

Aceh Special Region Government Authority which carried out mass transformation of conventional financial institutions in Aceh. Based on Aceh Qanun Number 11 of 2018 concerning Sharia Financial Institutions, conventional financial institutions are given 3 years from 2019-2022 to transform conventional financial institutions into Islamic financial institutions. The results of empirical-normative research, data sourced from interviews and observations, and sourced from normative data, namely Qanun Aceh Number 11 of 2018 concerning Sharia Financial Institutions. The approach used is legislation, case study approach, and conceptual approach. This research states that the transformation of financial institutions stems from the philosophy of culture and community life that adheres to the Quran and Sunnah. This philosophy is realized through strengthening legal politics in the form of Aceh Qanun Number 8 of 2014 and Aceh Qanun Number 11 of 2018.

AUTHORITY AND COORDINATION OF THE CORRUPTION ERADICATION COMMISSION AND THE STATE POLICE OF THE REPUBLIC OF INDONESIA IN INVESTIGATIONS OF CORRUPTION CRIMES IN INDONESIA

The aim of this research is to determine the limits of the authority of the Corruption Eradication Committee and the National Police in handling criminal acts of corruption in Indonesia because in practice there are often clashes between the two authorized institutions, namely the Corruption Eradication Commission and the Indonesian National Police, in handling criminal acts of corruption.This research is normative legal research that uses a statutory approach and a legal concept analysis approach. The data sources used in this research come from primary data sourced from statutory regulations and secondary data sourced from literature.From the results of this research, it can be concluded that the authority of the Corruption Eradication Commission as an institution for eradicating corruption is delegated authority, while the authority of the National Police in eradicating corruption is attribution authority. However, the Corruption Eradication Commission (KPK) is a super body institution in handling criminal acts of corruption, especially in the investigation process. In relation to coordination, the Corruption Eradication Commission has special authority that is not owned by the National Police, however, the Corruption Eradication Committee still coordinates with the National Police in carrying out its duties and authority.