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Local Government Authority in The Field of Religion; A Study of Regional Regulation (Perda) on Zakat in Riau Province Suparto Suparto; Admiral Admiral; Deni Jaya Saputra
De Jure: Jurnal Hukum dan Syari'ah Vol 14, No 2 (2022)
Publisher : Fakultas Syariah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v14i2.15322

Zakat as one of the five pillars of Islam is the obligation of every Muslim who can afford it and is reserved for those who have the right to receive it. With a proper management, zakat is a potential resource that can be utilized for the progress and prosperity of society. In 2018, The Government of Riau Province established a Regional Regulation (Perda) on zakat but did not obtain a Register Number from the Minister of Home Affairs so that the Regional Regulations could not be enacted in regional papers. The purpose of this study was to determine the authority of the local government in making a Regional Regulation on zakat and the urgency of zakat management to be regulated by a Regional Regulation. This research is a normative juridical with a statutory approach. The data used is secondary data and analyzed qualitatively descriptive. Based on the discussion, it was found that the authority of the Regional Government in the field of Religion; namely Zakat, is only limited to proposing the formation of the National Amil Zakat Agency (BAZNAS) to the Minister, while the regulation of Zakat through Regional Regulations violates statutory regulations considering that the mandate of the formation of Regional Regulations is only related to the implementation of regional autonomy in the context of concurrent affairs. On the other hand, the management of zakat which is regulated by Perda as in Bengkalis Regency managed to make the receipt of zakat has increased compared to before the existence of Perda. The government is not consistent in conducting executive previews of the Regional Regulation (Perda) on Zakat, because the Province of West Nusa Tenggara (NTB) has a Perda on Zakat, that is No. 9 of 2015 as well as Bengkalis Regency has a Perda on Zakat, No. 3 of 2018 and received a Register Number from the Governor as a Representative of the Central Government. In the future, the Government must be consistent and equitable in conducting executive previews of the Regional Regulation on Zakat so that there are no disparities between regions in Indonesia.

The Overplay Functions and Authority of The Sea Security Board (Bakamla) and The Sea and Coast Guard in Keeping Marine Security in Indonesia Suparto Suparto; Admiral Admiral
Jurnal IUS Kajian Hukum dan Keadilan Vol. 10 No. 2: August 2022 : Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v10i2.999

Indonesia is a maritime country with a wide ocean. Geopolitically, Indonesia’s position is an international shipping lane. Therefore, it is necessary to have an institution that has the duty and authority to maintain sea and coastal security and shipping safety. The formulation of the problem is how the functions and authorities of the Sea and Coast Guard (SCG) and the Maritime Security Agency (Bakamla) are in guarding Indonesian seas. The research method used a normative juridical approach with secondary data and analyzed descriptively qualitatively. There are two overlapping institutions in carrying out their duties and functions, namely SCG which is regulated in Law No. Year 2008 concerning Shipping and Bakamla which is regulated under the Law No. 32 Year 2014 concerning Marine Affairs. The government intends that maritime security in Indonesia to be handled by the military, not civilians. This can be seen that the chairman of Bakamla is held by a general from the Indonesian Navy and is responsible to the President through the Coordinating Minister for Political, Legal and Security Affairs. While in Law No. 17 Year 2008 stipulates that SCG is under the Ministry of Transportation and is responsible to the President. Bakamla is more appropriate to be used as SCG, this is based on the consideration that Indonesia is a maritime country with wide seas with all its problems such as narcotics trafficking, human trafficking, terrorism, theft of marine resources, etc., so it would be more appropriate to submit it to Bakamla as a semi-official institution. military. As a consequence of this choice, it is necessary to revise Law No. 17 Year 2008 and Law No. 32 Year 2014.

JOB LOSS INSURANCE PROGRAM APPLICABLE IN INDONESIA BASED ON GOVERNMENT REGULATION AND ITS COMPARISON WITH OTHER COUNTRIES Suparto Suparto
Awang Long Law Review Vol 5 No 2 (2023): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v5i2.768

One of the regulations in the field of employment issued by the Government of Indonesia is Government Regulation No. 37 of 2021 concerning the Implementation of the Job Loss Insurance Program. This regulation is very important in the midst of rampant layoffs by companies as a result of the Covid-19 pandemic. The purpose of this study was to determine the implementation of a job loss insurance program for employees affected by termination of employment. The research method uses a normative juridical approach with secondary data. Based on the research results obtained that Comparison job loss insurance program in Indonesia with other countries lies in the coverage, requirements and premium contributions. Job loss guarantee or unemployment insurance in Indonesia and other countries have the same goal, which is to financially support individuals who do not have jobs as long as the individual is looking for work. This policy has been carried out since 1935 and 1940 by the United States and Canada against the background of the Great Depression around 1930, then Thailand began to implement an unemployment insurance scheme in 2004. In 2016, there were 73 (seventy-three) countries that had implemented the unemployment insurance scheme. Each country creates an unemployment insurance policy with a different model but the goal remains the same, which is to achieve adequate protection against the risk of job loss by expanding coverage to ensure workers affected by layoffs receive compensation. Based on a comparison with several other countries, it was found that the job loss insurance scheme was effective in overcoming the number of unemployed, especially during an economic recession and was able to protect workers who were laid off by maintaining their level of welfare.

Local Government Authority in The Field of Religion; A Study of Regional Regulation (Perda) on Zakat in Riau Province Suparto Suparto; Admiral Admiral; Deni Jaya Saputra
De Jure: Jurnal Hukum dan Syari'ah Vol 14, No 2 (2022)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v14i2.15322

Zakat as one of the five pillars of Islam is the obligation of every Muslim who can afford it and is reserved for those who have the right to receive it. With a proper management, zakat is a potential resource that can be utilized for the progress and prosperity of society. In 2018, The Government of Riau Province established a Regional Regulation (Perda) on zakat but did not obtain a Register Number from the Minister of Home Affairs so that the Regional Regulations could not be enacted in regional papers. The purpose of this study was to determine the authority of the local government in making a Regional Regulation on zakat and the urgency of zakat management to be regulated by a Regional Regulation. This research is a normative juridical with a statutory approach. The data used is secondary data and analyzed qualitatively descriptive. Based on the discussion, it was found that the authority of the Regional Government in the field of Religion; namely Zakat, is only limited to proposing the formation of the National Amil Zakat Agency (BAZNAS) to the Minister, while the regulation of Zakat through Regional Regulations violates statutory regulations considering that the mandate of the formation of Regional Regulations is only related to the implementation of regional autonomy in the context of concurrent affairs. On the other hand, the management of zakat which is regulated by Perda as in Bengkalis Regency managed to make the receipt of zakat has increased compared to before the existence of Perda. The government is not consistent in conducting executive previews of the Regional Regulation (Perda) on Zakat, because the Province of West Nusa Tenggara (NTB) has a Perda on Zakat, that is No. 9 of 2015 as well as Bengkalis Regency has a Perda on Zakat, No. 3 of 2018 and received a Register Number from the Governor as a Representative of the Central Government. In the future, the Government must be consistent and equitable in conducting executive previews of the Regional Regulation on Zakat so that there are no disparities between regions in Indonesia.

Kedudukan Dan Kewenangan Komisi Yudisial Republik Indonesia Dan Perbandingannya Dengan Komisi Yudisial Di Beberapa Negara Eropa -, Suparto
Jurnal Hukum & Pembangunan
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar

Reformation has given birth to the amendment on 1945 Constitution. One of the results of the third amendment of the constitution was the birth of Judicial Commission. The standing of Judicial Commission is very important, so structurally it is being positioned at the same level with the Supreme Court and the Constitutional Court. Yet, the Judicial Commission role is as an auxiliary body to the judicial power institutions. It only deals with the matters of honor, dignity, and behavior of the judges, not the judiciary institutions. Aside from that, Judicial Commission is not involved in the organization, human resources, administration, and the financial matters of the judges. It is different with the European countries’ judicial commissions. The author proposes that Judicial Commission of the Republic of Indonesia should adopt or emulate European judicial commissions, which then adapted with Indonesian judiciary system.

Kedudukan Putusan Mahkamah Konstitusi Dalam Hukum Ketenagakerjaan (Kajian Terhadap Putusan Mahkamah Konstitusi No. 37/PUU-IX/2011) Suparto, Suparto; Zulkifli, Zulkifli
Jurnal Hukum & Pembangunan
Publisher : UI Scholars Hub

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Law Number 13 of 2003 concerning Manpower is one of the laws that is subjected to a judicial review to the Constitutional Court (MK). One of the reasons for filing a judicial review is that the application of Article 155 paragraph (2) has the potential to create legal uncertainty, given the absence of a clear interpretation of the clause " not yet defined ”. The Constitutional Court Decision No. 37 / PUU-IX / 2011 granted the petitioners' petition, and stated that the phrase "not yet established" was interpreted as "not yet legally binding". As a result, the process fee during the suspension period must be paid until the verdict has permanent legal force. This decision is felt to be burdensome for employers who will pay the process fee money while the workers do not do any work in the company, this is considered unfair by the employer. Then the Supreme Court issued a Supreme Court Circular (SEMA) Number 3 of 2015 and one of its contents was that after the Constitutional Court decision Number 37 / PUU-IX / 2011, entrepreneurs paid processing fees for 6 (six) months. Excess time in the process of the Industrial Relations Experience (PHI) as referred to in Law Number 2 of 2004 is no longer the responsibility of the parties. After the issuance of SEMA Number 3 of 2015, the process fee returns to the way it was before the issuance of the Constitutional Court Decision Number 37 / PUU-IX / 2011. So that the workers who are affected in this wage process experience legal uncertainty and feel disadvantaged.

Edukasi Bisnis Usaha Mikro Kecil dan Menengah (UMKM) Yang Berwawasan Hukum di Kota Pekanbaru Admiral Admiral; Imam Riauan; Suparto Suparto; Puti Mayang Seruni; Monika Melina; Naurah Dwirengganis Riata Putri
I-Com: Indonesian Community Journal Vol 4 No 1 (2024): I-Com: Indonesian Community Journal (Maret 2024)
Publisher : Fakultas Sains Dan Teknologi, Universitas Raden Rahmat Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33379/icom.v4i1.3887

Legal issues in business are a troubling issue for business people. This is due to several reasons, including ignorance regarding legal entity forms, lack of knowledge in the field of contract law, problems in the field of business digitalization, lack of knowledge regarding consumer protection, lack of knowledge regarding resolving business disputes through negotiation and mediation. This activity has never been held in pekanbaru kota district. The aim of this activity is so small business owner can learn about business law and alternative dispute resolution that can be applied in running a business. The method of this activity consists of the material creation phase, direct lectures and presentation, counseling with legal experts, and evaluation. The results of this activity are in the form of increased insight and knowledge of small business owners regarding legal issues. Another benefit of this activity is that small business owners also get relationships and access to consultations with legal experts.

Pelaksanaan Sistem Pemerintahan Presidensial Dengan Multi Partai Di Indonesia Suparto Suparto
SASI Vol 27, No 4 (2021): Volume 27 Nomor 4, Oktober - Desember 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v27i4.600

The government system in post-reform Indonesia is a presidential system with many parties. The advantage of this system is that it is more democratic because many parties are considered to accommodate the wishes and interests of people from various backgrounds through political parties, while the weakness is that it is difficult for the ruling party if it is not in the majority. The purpose of this study was to determine the implementation of a presidential system of multi-party governance in post-reform Indonesia. The results of the study are that in a presidential government system with many parties (multi-party system) such as in Indonesia, it will cause problems if no political party wins the election with a majority vote, the President must build a coalition with a number of political parties that have representatives in the House of Representatives (DPR). DPR). Since the holding of the 1999 and 2004 elections, there have been efforts to simplify political parties, by reducing the number of election participants through the electoral threshold and then changing since 2009 to reducing the number of political parties that may sit in parliament by using the minimum threshold requirement (parliamentary threshold). However, this method has not been successful because there are still relatively many political parties sitting in parliament, this is due to the parliamentary threshold that is too small. Ideally, the parliamentary threshold, which was previously 4% in the 2019 election, is raised to 8% in the 2024 election. Thus, a strong, effective and stable presidential government system with only 4 (four) to 6 (six) political parties will be realized.

Problematika Pengujian Peraturan Perundang-Undangan Di Mahkamah Agung ( Kajian Terhadap Putusan Mahkamah Agung No. 65 P/HUM/2018) Suparto Suparto
SASI Vol 27, No 1 (2021): Volume 27 Nomor 1, Januari - Maret 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v27i1.417

The Supreme Court (MA) decided that candidates for members of the Regional Representative Council (DPD) from political party administrators for the 2019 Election were still allowed, even though previously the Constitutional Court (MK) had banned it (Decision No. This conflict is due to differences in interpreting the timing of the implementation of the ongoing 2019 Election stage process. The Constitutional Court stated that the decision was enforced since the 2019 Election and this was not retroactive. Because it is still at the Provisional Candidate List (DCS) stage, so it is possible to change regulations. Meanwhile, the Supreme Court considers that the Constitutional Court's decision must be enforced after the 2019 Election or apply in the future (prospective), because the stages have been running, so that changes in requirements can be made The legal implication that occurs is that there is legal uncertainty for the General Election Commission (KPU) to follow which decision. To solve this problem can be used the doctrine of validity (enforceability of norms). The existence of a hierarchy of legal products being tested and a basis for testing certainly has a legal consequence of the existence of a hierarchy of norm validity in the decisions of the Supreme Court and the Constitutional Court. When there is a conflict between the Supreme Court decision and the Constitutional Court, the verdict with the basis and object of examination in the hierarchy of laws and regulations that is higher, namely the Constitutional Court decision, has a higher validity than the Supreme Court decision. So that problems like this do not exist anymore, testing of laws and regulations should only be carried out by one institution, namely the Constitutional Court.

Establishment of Electoral Court in Indonesia: Problems and Future Challenges Suparto, Suparto; Chaidir, Ellydar; Ardiansyah, Ardiansyah; Santos, Jose Gama
Journal of Indonesian Legal Studies Vol 8 No 2 (2023): Contemporary Issues on Law, Development, and Justice: Indonesian Context and Beyo
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v8i2.72316

The primary aim of this research is to evaluate the imperative need for the establishment of a dedicated judicial body to address electoral disputes in Indonesia, particularly in light of the imminent concurrent elections scheduled for 2024 and the limited jurisdiction of the Constitutional Court in adjudicating such matters. This study employs normative legal research methodologies, incorporating legislative analysis, scrutiny of judicial precedents, and a comparative law framework as its principal approach. Uruguay serves as a pertinent comparative reference within the contextual parameters of this inquiry. The research findings unequivocally indicate the indispensability of instituting a specialized court for regional head elections, as mandated by Constitutional Court Decision Number 97/PUU-XI/2013. This imperative is substantiated by a series of legal arguments, namely: (a) the constrictive nature of the law's mandate, (b) the Constitutional Court's role as a constitutional enforcement institution rather than a court of justice, (c) the absence of an appellate process, contravening fundamental principles inherent to the electoral law system, (d) the quantitative approach to dispute resolution, impeding the attainment of justice, and (e) the presence of a distinct judicial system, engendering uncertainty and impeding the realization of justice, certainty, and expediency within the election legal framework. The establishment of specialized courts for regional head elections in Indonesia is analogous to the implementation of analogous courts in Uruguay and Costa Rica. In both jurisdictions, specialized election courts function as distinct entities, operating autonomously from the conventional judicial powers vested in the Supreme Court or the Constitutional Court.

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