Articles
<![CDATA[THE STATES LOSSES AT STATE-OWNED ENTERPRISES IN PERSFEKTIF CORRUPTION ]]>
<![CDATA[Bonto, Zulkifli]]>;
<![CDATA[Ilmar, Aminuddin]]>;
<![CDATA[Saidi, Dafar]]>;
<![CDATA[Sampurno, Slamet]]>
<![CDATA[ Journal of Humanity Vol 3, No 2 (2015): July 2015 ]]>
Publisher : <![CDATA[Journal of Humanity ]]>
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DOI: 10.14724/jh.v3i2.45
<![CDATA[State-Owned Enterprises administered by the professional who works with rule and regulation. Steps in the form of profit in money terms, it is not independent of the existence of the risk in the form of the possibility of losses. In carrying out the actions of The State-Owned Enterprises have always been faced with the possibility of obtaining profits or suffer losses. Therefore, the losses that occur in professional decision making should not be casually (not necessarily should) be considered as a deliberate act which is equivalent to committing financial fraudProblem management to State-Owned Enterprises and refines that may give rise to uncertainties in law enforcement corruption, losses arising on a transaction conducted by the perpetrators of State-Owned Enterprises was acts that inflict such losses can be seen as a disadvantage the SOES can be raises the loss of State-Owned Enterprises, considering it as a business entity is seeking a profit, which in its management could be profit or loss depends on how could market mechanisms]]>
<![CDATA[Government Policies for Food Sovereignty: Disjunction between Ideality and Reality ]]>
<![CDATA[Patonangi, Fitrinela]]>;
<![CDATA[Ilmar, Aminuddin]]>;
<![CDATA[Irwansyah, Irwansyah]]>;
<![CDATA[Sakharina, Iin Karita]]>
<![CDATA[ Hasanuddin Law Review VOLUME 4 ISSUE 3, DECEMBER 2018 ]]>
Publisher : <![CDATA[Faculty of Law, Hasanuddin University ]]>
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DOI: 10.20956/halrev.v4i3.2189
<![CDATA[The conceptualizes food security and food sovereignty as fluid and changing discourses that define the problem of hunger. The discursive geohistories of food security and food sovereignty in order to identify oppositions and relationalities between them. I argue that the interpretations of, and relations between, food security and food sovereignty vary by geography and scale, as well as by the conceptual and theoretical differences within the discourses themselves. When and where these discourses develop and emerge is central to understanding their oppositions and convergences. How scale is constructed within particular discourses is also important to understanding how they co-exist relationally or in opposition. Food security and food sovereignty discourses are tied to distinctive political and economic histories, ecologies, and identities at the national and local levels. They are differentially deployed depending upon geographic context and the political economy of development and underdevelopment. Both discourses are dynamic and changing in relation to the wider political and cultural economies of food system dynamics across scale. Uniform definitions of each term should be resisted. The point is to understand the geographies of their relational overlap and their continual difference.]]>
<![CDATA[FUNGSI PENGAWASAN DPRD TERHADAP PEMERINTAH DAERAH DALAM MEWUJUDKAN APARATUR PEMERINTAH DAERAH YANG BERINTEGRITAS UNTUK KESEJAHTERAAN RAKYAT ]]>
<![CDATA[Muhammad Arsyi Jailolo]]>;
<![CDATA[Aminuddin Ilmar]]>;
<![CDATA[Anshori Ilyas]]>
<![CDATA[ UNES Law Review Vol. 5 No. 4 (2023): UNES LAW REVIEW (Juni 2023) ]]>
Publisher : <![CDATA[LPPM Universitas Ekasakti Padang ]]>
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DOI: 10.31933/unesrev.v5i4.486
<![CDATA[This study aims to examine the effectiveness of the supervisory function of the Makassar City DPRD on the performance of the Makassar City Government itself as an ideal variable aspect of regional government administration. This research was conducted at the Makassar City DPRD and Makassar City Government. The time of this research is for two months (February to March 2023). This study uses an empirical-qualitative method and uses primary data collected by giving questions in the form of interviews to respondent representatives from DPRD and Makassar City Government. Furthermore, the method of data analysis was systematically inventoried and then the content material was analyzed using an analytical conceptual approach with qualitative analysis. The results of this study indicate that the substance of the DPRD's oversight function in Makassar City runs with the process of budgeting, legislation, and supervising the enforcement of local regulations. the implementation mechanism is by monitoring evaluation and absorption of community aspirations. The obstacle is that not all DPRD recommendations are implemented by the Makassar City Government. The problem lies in the firmness of human resources in the Makassar City DPRD]]>
<![CDATA[Perubahan Bentuk Badan Hukum Perusahaan Daerah Bank Perkreditan Rakyat (PD BPR) Menjadi Perusahaan Perseroan Terbatas ]]>
<![CDATA[Ririen Tri Amanda]]>;
<![CDATA[Aminuddin Ilmar]]>;
<![CDATA[Harustiati A. Moein]]>
<![CDATA[ Nagari Law Review Vol 1 No 2 (2018): Nagari Law Review (NALREV) ]]>
Publisher : <![CDATA[Faculty of Law, Andalas University ]]>
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DOI: 10.25077/nalrev.v.1.i.2.p.115-125.2018
<![CDATA[Analisis Perubahan Bentuk Badan Hukum Perusahaan Daerah Bank Perkreditan Rakyat (PD BPR) Kota Makassar Menjadi Perusahan Perseroan Terbatas. Penelitian ini bertujuan untuk menemukan dan menjelaskan proses dan akibat hukum perubahab bentuk badan hukum Perusahaan Daerah Bank Perkreditan Rakyat (PD BPR) Kota Makassar menjadi Perusahaan Perseroan Terbatas. Penelitian ini merupakan penelitian normatif-empiris. Hasil penelitian ini menunjukkan bahwa perubahan Perusahaan Daerah Bank Perkreditan Rakyat menjadi Perseroan Terbatas Bank Perkreditan Rakyat Kota Makassar dilakukan dengan tahap persiapan dimana dalam tahapan ini melalukan revaluasi aset dan audit serta pembuatan anggaran dasar. Hal-hal yang harus diketahui Pemerintah Kota selaku Pengelola Badan Usaha Milik Daerah terkait perubahan bentuk badan hukum. Penyusunan rancangan perubahan bentuk badan hukum Bank Perkreditan Rakyat. Mengajukan permohonan persetujuan perubahan bentuk badan hukum kepada Otoritas Jasa Keuangan. Dikeluarkannya Peraturan Daerah Kota Makassar Nomor 7 Tahun 2016 tentang Perubahan Bentuk Badan Hukum Perusahaan Daerah Bank Perkreditan Rakyat Kota Makassar menjadi Perusahaan Perseroan Bank Perkreditan Rakyat Kota Makassar. Setelah berlakunya Peraturan Daerah tersebut, pelaksanaan perubahan bentuk badan hukum tersebut dilakukan sesuai dengan mekanisme pendirian Perseroan Terbatas sebagaimana tercantum dalam ketentuan Undang-Undang Nomor 40 Tahun 2007 tentang Perseroan Terbatas yang mana pendirinya dilakukan oleh Walikota. Adapun akibat hukum perubahan bentuk badan usaha Bank Perkreditan Rakyat adalah berubahnya struktur organisasi, manajemen dan penyebutan nama. Kata Kunci : Badan Hukum, Perusahaan Daerah, Bank Perkreditan Rakyat, Perseroan Terbatas.]]>
<![CDATA[Pengawasan Dewan Perwakilan Rakyat Papua Terhadap Keputusan Gubernur Provinsi Papua Tentang Upah Minimum Propinsi 2018 ]]>
<![CDATA[Bayu Satria Muis Ali Patong]]>;
<![CDATA[Aminuddin Ilmar]]>;
<![CDATA[Muhammad Yunus Wahid]]>
<![CDATA[ Nagari Law Review Vol 3 No 2 (2020): Nagari Law Review ]]>
Publisher : <![CDATA[Faculty of Law, Andalas University ]]>
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DOI: 10.25077/nalrev.v.3.i.2.p.45-55.2020
<![CDATA[This research is normative legal research. The approach used in this study uses a statutory approach and a conceptual approach. This research was carried out in the Province of Papua by taking locations in the offices of the People's Representative Council (DPR) of the Province of Papua and the Government Office of the Province of Papua. The results showed that the response of aspirations or complaints from the public was conveyed to members of the Papua Parliament in many forms. Both aspirations are conveyed verbally (dialogue) the delivery of aspirations in public by voicing their demands and the aspirations delivered in written form (official). Aspirations in writing should be addressed to the Chairperson of the Papuan Parliament through the Council Secretary in writing. Supervision that has been carried out by the Papua Province Parliament for the 2014-2019 period is the absorption of aspirations that does not represent all workers /laborers in Papua Province. There are members of the Papua Parliament who are less able to make optimal use of the work meeting supervision activities. The average of the attendance of Papuan DPR members at parliament hearings only 40 at the most of the 69 Papuan DPR members present. Likewise, working visit activities that rarely all members of the commission are present at work visits or there must be some who are absent. The lack of active members of the Papua Parliament in the form of supervision that has been carried out will certainly affect the supervisory performance of the Papua Parliament. The steps of the Provincial Government of Papua to hold discussions with worker/labor representatives to find the best solution is the best way is to revise the amount of the 2018 Provincial Minimum Wage (UMP) to Rp. 3,000,000. However, this value still doesn’t meet the formulation, that is 9.93% of 8.71% decided by decree of Labor Minister]]>
<![CDATA[Disregarding the Constitutional Court Decision Concerning the Prohibition of Concurrent Deputy Minister Positions: Pengabaian Putusan Mahkamah Konstitusi Terkait Larangan Rangkap Jabatan Wakil Menteri ]]>
<![CDATA[Sari, Sonia Sekar]]>;
<![CDATA[Ilmar, Aminuddin]]>;
<![CDATA[Djafar, Eka Merdekawati]]>;
<![CDATA[Faiz, Pan Mohamad]]>
<![CDATA[ Jurnal Konstitusi Vol. 20 No. 4 (2023) ]]>
Publisher : <![CDATA[Constitutional Court of the Republic of Indonesia, Indonesia ]]>
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DOI: 10.31078/jk2043
<![CDATA[The presence of the deputy minister position in the Indonesian government system has been a constitutional issue, both in its appointment and the issue of the prohibition of holding multiple positions. This article discusses Constitutional Court Decision Number 80/PUU-XVII/2019, which provides clarity on the constitutionality of the appointment of deputy ministers and the prohibition of holding multiple positions, including as commissioners or directors in state-owned or private companies. Despite this decision, the analysis indicates that the prohibition of holding multiple positions for deputy ministers is still disregarded, as some deputy ministers currently serve as Commissioners in State-Owned Enterprises (SOEs). This research uses a normative approach by analyzing secondary data. The result is that the Constitution is ignored because the Constitutional Court Decision regarding the prohibition of holding multiple positions for deputy ministers is not implemented. To address this non-compliance, if deputy ministers continue to hold positions as commissioners, the President should be able to dismiss them based on the State Ministry Law and Constitutional Court Decision, and impose sanctions in the form of an obligation to compensate the state’s financial loss incurred during the concurrent positions.]]>
<![CDATA[Efektivitas Pengawasan Majelis Pengawas Daerah Terhadap Notaris yang Meninggalkan Wilayah Jabatan ]]>
<![CDATA[Aini, Nurina]]>;
<![CDATA[Ilmar, Aminuddin]]>;
<![CDATA[Arisaputra, Muhammad Ilham]]>
<![CDATA[ Widya Yuridika Vol 6, No 3 (2023): Widya Yuridika: Jurnal Hukum ]]>
Publisher : <![CDATA[Universitas Widya Gama Malang ]]>
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DOI: 10.31328/wy.v6i3.4479
<![CDATA[This study aims to analyze and explain the form of responsibility of the supervisors of the Regional Supervisory Board (MPD) towards notaries who leave their territory of office without valid reasons and formulate and identify the effectiveness of the supervisory function of the Regional Supervisory Council (MPD) against notaries who leave their territory of office without valid reasons. This research is an empirical legal research. The research was conducted in Makassar City, South Sulawesi. The results of the study show that the supervision carried out on a Notary is intended so that the Notary in carrying out his duties is based on the rules according to the provisions of the laws and regulations governing the position of a Notary. The laws and regulations governing office do not only require laws or laws, but also based on the trust given by the parties to the notary. Notaries must act professionally in carrying out their duties, because the position of Notary is a position of trust that must be aligned with those who carry out the duties of a Notary's position as a person who can be trusted. Notary as a position of trust does not mean anything if it turns out that those who carry out their duties as a Notary are people who cannot be trusted, including leaving their area of office without a valid reason.]]>
<![CDATA[Urgensi Penerapan Doktrin Business Judgment Rule terhadap Direksi BUMN dalam Perkara Tindak Pidana Korupsi ]]>
<![CDATA[Hayyi, Muhammad Akram Syarif]]>;
<![CDATA[Karim, Muhammad Said]]>;
<![CDATA[Ilmar, Aminuddin]]>
<![CDATA[ Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Vol 6, No 1 (2021): Juni 2021 ]]>
Publisher : <![CDATA[Universitas Negeri Malang ]]>
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DOI: 10.17977/um019v6i1p72-81
<![CDATA[The objective of this study was to hold directors accountable for company losses, the existence of business judgment rule in positive law, and the application of Business Judgment Rule as Legal Protection of the Board of Directors in Corruption Cases. The data obtained was presented analytically descriptively where the facts were described and later analyzed based on the laws and rules applicable in Indonesia as well as the theories. The accountability of the directors of State-Owned Enterprises for the company’s losses could be classified as acts that harm the state’s finances that include administrative, civil, and criminal responsibilities. The existence of business judgment rule doctrine in positive law had been regulated in Article 97 paragraph (5) of Law Number 40 of 2007 concerning Limited Liability Companies but had not been regulated technically related to the procedures for its application. The application of the business judgment rule doctrine as the protection of directors of State-Owned Enterprises in corruption cases should be used as material for consideration related to the removal of the defendant’s fault.]]>
<![CDATA[FUNCTION AND DUTIES OF TRADITIONAL INSTITUTIONS IN IMPLEMENTING VILLAGE GOVERNMENT IN LUWU UTARA REGENCY ]]>
<![CDATA[ANDI WINDA SARI]]>;
<![CDATA[AMINUDDIN ILMAR]]>;
<![CDATA[A. SURIYAMAN MUSTARI PIDE]]>
<![CDATA[ Awang Long Law Review Vol. 3 No. 2 (2021): Awang Long Law Review ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Hukum Awang Long ]]>
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DOI: 10.56301/awl.v3i2.250
<![CDATA[In essence, customary institutions are partners of the village government. This is where the understanding and capability of traditional leaders and officials in a customary institution are needed in carrying out their roles. So that then the existing village government can better understand that the village government itself is carried out with respect and/or based on community initiatives, the rights of origin and traditional rights of the village. This paper analyzes the implementation of the functions and duties of customary institutions in the administration of the Hono Village government. The research method used in the empirical research, namely by examining the implementation of the functions and duties of customary institutions in the implementation of Village Government in Hono Village, Seko District, Luwu Utara Regency and the obstacles to implementing the functions and duties of Traditional Institutions in implementing Village governance in Hono Village, Seko District, Luwu Utara Regency. The types of data used are primary data and secondary data obtained from interviews and documentation. All data collected were analyzed qualitatively. The results showed that the implementation of Village Goverment in Hono Village, Seko District, Luwu Utara Regency has been implemented effectively and efficiently. This is shown by the harmonious cooperation between the traditional Hono village government, Hono traditional institutions and other village officials in developing consensus deliberations for decision making in village deliberations as well as the development of customary values in resolving land disputes and conflicts in the social life arrangements of the indigenous Hono community. In addition, the hono customary institution has also carried out functions in protecting the cultural identity and traditional rights of indigenous peoples including marriage and other kinship elements. On the basis of this, it can be concluded that the hono village customary institution has carried out its functions and duties as stipulated in the Minister of Home Affairs Regulation Number 18 Year 2018 concerning Village Community Institutions and Village Traditional Institutions.]]>
<![CDATA[Exploring SDGs Regulatory Frameworks and Regional Regulation for Climate Change Mitigation and Adaptive Resilience in Coastal Communities ]]>
<![CDATA[Naswar]]>;
<![CDATA[Ilmar, Aminuddin]]>;
<![CDATA[Mukhlis, Muhammad Mutawalli]]>;
<![CDATA[Achmad]]>;
<![CDATA[Md. Khalid, Rasyikah]]>
<![CDATA[ Jurnal IUS Kajian Hukum dan Keadilan Vol. 12 No. 3 (2024): Jurnal IUS Kajian Hukum dan Keadilan ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, University of Mataram ]]>
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DOI: 10.29303/ius.v12i3.1543
<![CDATA[Climate change will cause ecosystem changes that will affect all aspects of human life on earth. The Intergovernmental Panel on Climate Change (IPCC), in its fifth assessment report (AR5), stated that climate change is also having an impact on the marine environment. Indonesia as an archipelagic country will of course also feel the domino effect of climate change. Therefore, climate change is very urgent to be discussed in Indonesia. This article will examine and formulate derivative regulations which are implementation instruments to provide legal protection for the environment and coastal residents when facing the impacts of climate change. This paper applies normative research methods as well as a contextual approach, historical approach, legal approach, comparative approach and case approach which will then be analyzed qualitatively. Specifically, this article will analyze the Buton Regency, especially the North Buton Regency government's efforts to overcome climate change which is realized by the existence of regional regulations that specifically regulate Climate Change Adaptation [API] as well as integrating regional regulations with API elements, especially in the sectors of spatial design, development planning and disaster management. So, it can be a reference for a regions that have coastal areas to achieve the target of Sustainable Development Goals [SDGs] point 13.]]>
