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Zakir, Fauzan
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PERKEMBANGAN HUKUM ADMINISTRASI NEGARA DI INDONESIA Zakir, Fauzan
Ensiklopedia Sosial Review Vol 2, No 1 (2020): Volume 2 No 1 Februari 2020
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/esr.v2i1.449

Abstract

In general, its administration and formulation leads us to the administrative reality which is a milestone of the government to conduct and run its government. The law becomes the main basis in carrying out life to guarantee the principles of order and discipline so that there is order, ensuring a sense of independence, a sense of security, comfort, and order. The law is an umbrella between all types of human actions and behavior to achieve the principle of human protection. Sanctions are an important concluding part of law, also in administrative law. Generally there is no point in including obligations or prohibitions for citizens in state administrative legislation, when rules of conduct cannot be imposed by state administration (in the case where necessary). Furthermore, the implementation of a government sanction is valid as a decision (determination) which gives a burden to the parties. That brings with it the nature (nature) of sanctions.
PENGELOLAAN ASET DAERAH BERBENTUK BANGUNAN DI KOTA PARIAMAN DALAM RANGKA TERTIB ADMINISTRASI Zakir, Fauzan
Ensiklopedia Sosial Review Vol 3, No 1 (2021): Volume 3 No 1 Februari 2021
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/esr.v3i1.670

Abstract

The purpose of this paper is to examine the management of building assets in the City of Pariaman in the context of administration. The research used is naormative juridical. The implementation of the work on the management of regional goods which is charged is not optimal, as well as inadequate funding to carry out the management of regional property, so that activities to support the orderly implementation of the management of regional goods do not run effectively as well as funding for procurement of goods which must be in accordance with the facilities and infrastructure which should be used to cover work desks, work chairs, etc., does not yet meet the standards for facilities and infrastructure determined by the City of Pariaman Regulations. There must be firmness and clarity carried out by DPPKA in reporting goods to each SKPD so that reporting of the use of goods is timely
NEGARA HUKUM INDONESIA BERDASARKAN ANALISIS YURIDIS NORMATIF TENTANG UNSUR-UNSURNYA Zakir, Fauzan
Ensiklopedia of Journal Vol 6, No 3 (2024): Vol. 6 No. 3 Edisi 3 April 2024
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/eoj.v6i3.2584

Abstract

The state view or state theory of a nation cannot be separated from a nation's outlook on life. This nation's view of life is what causes other nations' views of the state. Looking at the existing theories in state science, we will find 3 (three) types of human views on state life, namely: a) Individualistic state view, from this group several famous thinkers are known, such as Thomas Hobbes, John Locke and Jean Jaques Rousseau. b) The group state view according to class theory, this was put forward by Marx, Engels and Lenin. The term "class" is defined as a certain position or position in the production process, but it is called a social class if the group is recognized as a class, as a special group that is willing to fight for it. c) the integralistic view of the state was put forward by Adam Heinrich Muller, Spinoza and Hegell. In Indonesia's integralistic perspective (the concept of a family state), even though the interests of society take precedence over individual interests, the dignity of an individual is still respected. To be called a rule of law state, the following elements must be met: a) protection of human rights; b) separation or sharing of powers to guarantee these rights; c) every government action must be based on law; and d) the existence of administrative justice. Indonesia is a country of law, it can be simply answered that Indonesia is a country of law. The concept of a constitutional state in Indonesia has existed since the enactment of the 1945 Constitution. This is proven in the Explanation of the 1945 Constitution, which states that "The Indonesian state is based on law (Rechtsstaat) not based on mere power" (Machtsstaat). Keywords: Rule of Law, Indonesia
PEMBATALAN KEPUTUSAN WALI NAGARI SILAUT DITINGKAT PENGADILAN TATA USAHA NEGARA (STUDI PUTUSAN NOMOR: 54/G/2022/PTUN.PDG) Zakir, Fauzan
Ensiklopedia Research and Community Service Review Vol 4, No 2 (2025): Vol. 4 No. 2 Februari 2025
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/err.v4i2.3011

Abstract

Abstract: The involvement of BAMUS in Nagari Government affairs is an important thing to do because BAMUS is a representative of the Nagari community. BAMUS is a form of democracy in the Nagari government which accommodates and channels all community aspirations for the progress of Nagari. The positions of BAMUS and Wali Nagari in the Nagari Government are equal because they were both elected by the community, and both appointed by the Regent. Therefore, BAMUS and Wali Nagari are institutions at the same level, so that to carry out BAMUS' supervisory function, BAMUS and Wali Nagari need to coordinate so that BAMUS can supervise the performance of Wali Nagari in a coordinated manner and all the information needed by BAMUS for supervision purposes can be obtained easily. In the process, the Defendant's exception was not accepted, explaining the following: Granted the Plaintiff's claim in its entirety. Declaring the cancellation of the State Administrative Decree, namely: 1) Decree of the Mayor of Nagari Silaut Number: 140/40/Kpts/WNS/VIII-2022 concerning the Appointment of Bamus Nagari Silaut Staff, Silaut District, Fiscal Year 2022, dated 18 August 2022; 2) Decree of the Mayor of Nagari Silaut Number: 140/34/Kpts-WNS/VIII-2022 concerning the Appointment of the Head of Administrative and General Affairs of Nagari Silaut, Silaut District, Pesisir Selatan Regency, dated 18 August 2022. Requiring the Defendant to revoke the State Administrative Decree, namely: 1) Decree of the Wali of Nagari Silaut Number: 140/40/Kpts/WNS/VIII-2022 Concerning the Appointment of Staff for Bamus Nagari Silaut, Silaut District, Fiscal Year 2022, dated 18 August 2022; 2) Decree of the Guardian of Nagari Silaut Number: 140/34/Kpts-WNS/VIII-2022 concerning the Appointment of the Head of Administrative and General Affairs of Nagari Silaut, Silaut District, Pesisir Selatan Regency, dated 18 August 2022.Keywords: Judge's considerations, cancellation, decision, Wali Nagari, Silaut. 
PENGATURAN HAK GUNA USAHA ATAS TANAH ULAYAT DI SUMATERA BARAT DALAM PERSPEKTIF HUKUM AGRARIA (UUPA) Zakir, Fauzan
Ensiklopedia of Journal Vol 7, No 4 (2025): Vol. 7 No. 4 Edisi 2 Juli 2025
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/eoj.v7i4.3335

Abstract

Abstract: This study examines the regulation of Right to Cultivate (HGU) on ulayat (customary) land in West Sumatra from the perspective of Indonesia’s agrarian law, particularly Law No. 5 of 1960 on Basic Agrarian Principles (UUPA). Ulayat land holds significant historical, cultural, and social value for the Minangkabau indigenous community; however, in practice, the granting of HGU often neglects legitimate customary mechanisms. This research employs a normative-legal and empirical approach, focusing on case studies in Pasaman Barat and Supreme Court Decision No. 749PK/Pdt/2011. Findings reveal that agrarian conflicts frequently arise due to inconsistencies between national and customary law, unclear boundaries of ulayat land, and weak legal protection for the collective rights of indigenous peoples. The practice of issuing HGU without proper customary consultation has resulted in the loss of economic access, cultural identity, and social structures within indigenous communities. The study recommends integrating customary law into the national land administration system through strengthened local regulations, participatory mapping, and substantive legal recognition of ulayat rights. Keywords: Right to Cultivate, Ulayat Land, Minangkabau Customary Law. 
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