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Erry Gusman
Universitas Muhammadiyah Sumatera Barat
Humanities Economics, Econometrics & Finance Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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KEDUDUKAN BPKP DALAM MENGAUDIT KERUGIAN KEUANGAN NEGARA PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR: 31/PUU-X/2012 Erry Gusman
Ensiklopedia Social Review Vol 1, No 3 (2019): Volume 1 No 3 Oktober 2019
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/esr.v1i3.390

Abstract

State financial losses are those caused by unlawful acts or acts that abuse the authority, opportunity or means available to someone due to their position or position and this is done in conjunction with acts of enriching oneself or another person or a corporation. Conflict of authority related to the assessment of state financial losses in handling corruption cases, answered by the issuance of the Constitutional Court Decision Number 31 / PUU-X / 2012 dated October 23, 2012. Polemics related to the authority to calculate state losses in handling corruption cases are answered with the issuance of Decision of the Constitutional Court (MK) Number 31 / PUU-X / 2012 dated October 23, 2012. For this reason the authors are interested in examining how the role of BPKP in auditing state finances after the MK decision. This study uses normative juridical writing methods. After the writer conducted the research, the writer concluded that: 1) BPKP's position after the Constitutional Court's decision, acknowledged the authority of BPKP in conducting an investigative audit; 2) The impact of BPKP's audit results as a basis for calculating the losses of state finances can be seen from the BPKP's repressive strategy. The repressive strategy carried out by BPKP had an impact in terms of conducting investigative audits carried out on the handling of cases that were strategic, significant, material and received public scrutiny. In repressive efforts, the role of BPKP is not limited to conducting audits; 3) To optimize BPKP audit results as a basis for calculating state financial losses in preventing money laundering, BPKP in accordance with Government Regulation No. 60/2008 concerning Government Internal Control Systems and Presidential Regulation No. 192/2014 can conduct internal supervision through audits including audits investigative.
PERAN DPD RI TERHADAP PEMBANGUNAN DAERAH PERBATASAN DAN TERTINGGAL DALAM ERA OTONOMI DAERAH Erry Gusman
Ensiklopedia Social Review Vol 3, No 2 (2021): Volume 3 No 2 Juni 2021
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/esr.v3i2.775

Abstract

The construction of border regions and disadvantaged areas is one of President Jokowi's and Vice President Jusuf Kalla's Nawacita program. Each region does not have to be exactly the same in carrying out development, differences in development need to be done in order to accommodate the characteristics and capabilities of each region. The term is asymmetric decentralization. This research itself is to support the Draft Law on the Acceleration of the Development of Disadvantaged Regions which is being drafted by the DPD RI. Although the government has issued various policies to catch up, but to realize the acceleration of underdeveloped regional development a strategic legal umbrella is needed. The formulation of the problems raised in this study are: 1) how to realize the acceleration of border area development and lag behind through meeting basic needs such as education, health, food, infrastructure? 2) how to synergize the implementation of these programs to reduce inequality between regions? This research will use normative juridical research and supported by empirical juridical research so that it will be able to see the realization of the acceleration of border area development and lagging through meeting basic needs such as education, health, food, and infrastructure are important in building regional development equality in Indonesia. To realize this, food needs to synergize the implementation of these programs to reduce inequality between regions in Indonesia.
LEMBAGA PERWAKILAN DAERAH DALAM NEGARA DEMOKRASI Erry Gusman
Ensiklopedia Social Review Vol 2, No 2 (2020): Volume 2 No 2 Juni 2020
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/esr.v2i2.483

Abstract

A hallmark of constitutional democracy is the idea that a democratic government is a government that has limited powers and is not justified in acting arbitrarily against its citizens. State power is divided in such a way that opportunities for abuse are reduced. By way of handing it over to several people or bodies and not centralizing the power of government in one hand or one body. Juridical formulation of these principles is famous for Rechstaat (rule of law) and Rule of Law. In the view of democratic groups that base themselves on communist ideology, they always act ambivalent towards the state. The state is seen as a coercive tool that will eventually disappear by itself, after the emergence of communist society. Karl Marx and Engels, the State is nothing but a machine used by one class to act against another class and the state is only a transitional institution used in the struggle to oppress opponents with violence. The state will eventually disappear when communism is reached because no one is oppressed.
DAMPAK PUTUSAN MAHKAMAH KONSTITUSI NOMOR 35/PUU-X/2012 ATAS HUTAN ADAT SEBAGAI ASSET NAGARI DI PROPINSI SUMATERA BARAT Erry Gusman
Ensiklopedia Sosial Review Vol 4, No 2 (2022): Volume 4 No 2 Juni 2022
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/esr.v4i2.156

Abstract

In the laws and regulations in Indonesia, ulayat rights are recognized, respected and protected, meaning that the existence/existence of ulayat rights is recognized and protected from all actions that interfere with ulayat rights by anyone, the various kinds of legislation are: First, the Constitution 1945 in article 18 B paragraph (2) contains provisions regarding the recognition and respect for ulayat rights. Second, Article 6 of the MPR Decree No. IX/MPR/2011 on “Agrarian Reform and Natural Resource Management”. Third, Law Number 5 of 1960 concerning Basic Regulations on Agrarian Principles. And the fourth is Law Number 39 of 1999 concerning Human Rights. In addition to the laws and regulations that acknowledge the existence/existence of ulayat rights, there are also denials of ulayat rights in statutory regulations. These laws include: Law Number 5 of 1967 concerning Provisions on Basic Provisions of Forestry, this law was revoked by Law Number 41 of 1999 concerning Forestry. Law Number 41 of 1999 states customary forests as state forests, so that the state can give the forest to a legal subject with a right. This means the denial of the rights of the customary law community to their customary forest and it also means the denial of the customary law community's customary rights. With the issuance of the Constitutional Court's decision No. 35/PUU-X/2012 regarding the review of Law no. 41 of 1999 concerning Forestry, brought fresh air to customary law communities, where in its decision the Constitutional Court has emphasized the existence of customary forests so that the legal certainty of the existence of customary forests is really strong.Keywords: Decision, Constitutional Court, Customary Forest, Nagari, West Sumatra.
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