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I Komang Trisna Adi Putra
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Law, Crime, Criminology & Criminal Justice

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Penerapan Sanksi Administratif Kepada Masyarakat Berdasarkan Peraturan Gubernur Herman Yudiawan, I Dewa Gede; Trisna Adi Putra, I Komang
Jurnal Komunikasi Hukum Vol 7, No 2 (2021): Agustus, Jurnal Komunikasi Hukum
Publisher : Jurusan Ilmu Hukum Fakultas Hukum dan Ilmu Sosial Universitas Pendidikan Ganesha Singaraja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/jkh.v7i2.38000

Abstract

The Covid-19 pandemic situation that has occurred this year has forced the government to issue all policies to regulate the public to avoid or reduce the risk of contracting the Covid-19 virus. The Bali Governor Regulation 46 of 2020 aims as stipulated in Article 3, namely to prevent and control the spread of the Covid-19 virus in various sectors in the Province of Bali. It is also seen in Law 23 of 2014 concerning Regional Government, in particular Article 238 paragraph (4) where administrative sanctions can only be regulated in Regional Regulations. Specifically, regarding administrative sanctions such as what was previously regulated in the Bali Governor Regulation No. 46 of 2020, it is a sanction given to people who violate health protocols which during the Covid-19 pandemic are getting serious handling from the authorities. The administrative sanctions in the Bali Governor Regulation No. 46 of 2020 are regulated in Article 11 paragraph (2). Based on the Presidential Instruction of the Republic of Indonesia Number 6 of 2020 concerning Improvement of Discipline and Law Enforcement of Health Protocols in the Prevention and Control of Corona Virus Disease 2019, Bali Governor Regulation No. 46 of 2020. The inclusion of administrative sanctions on the people in Bali is Rp. 100.000,- for people who are in the wild in the room/house not wearing a mask, it is an instruction previously issued by the President which instructs regional heads to impose sanctions, one of which is administrative fines for the community, and for the amount of the sanctions which are determined by the Governor.
Penerapan Sanksi Administratif Kepada Masyarakat Berdasarkan Peraturan Gubernur Herman Yudiawan, I Dewa Gede; Trisna Adi Putra, I Komang
Jurnal Komunikasi Hukum Vol 7 No 2 (2021): Agustus, Jurnal Komunikasi Hukum
Publisher : Program Studi Ilmu Hukum Fakultas Hukum dan Ilmu Sosial Universitas Pendidikan Ganesha Singaraja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/jkh.v7i2.38000

Abstract

The Covid-19 pandemic situation that has occurred this year has forced the government to issue all policies to regulate the public to avoid or reduce the risk of contracting the Covid-19 virus. The Bali Governor Regulation 46 of 2020 aims as stipulated in Article 3, namely to prevent and control the spread of the Covid-19 virus in various sectors in the Province of Bali. It is also seen in Law 23 of 2014 concerning Regional Government, in particular Article 238 paragraph (4) where administrative sanctions can only be regulated in Regional Regulations. Specifically, regarding administrative sanctions such as what was previously regulated in the Bali Governor Regulation No. 46 of 2020, it is a sanction given to people who violate health protocols which during the Covid-19 pandemic are getting serious handling from the authorities. The administrative sanctions in the Bali Governor Regulation No. 46 of 2020 are regulated in Article 11 paragraph (2). Based on the Presidential Instruction of the Republic of Indonesia Number 6 of 2020 concerning Improvement of Discipline and Law Enforcement of Health Protocols in the Prevention and Control of Corona Virus Disease 2019, Bali Governor Regulation No. 46 of 2020. The inclusion of administrative sanctions on the people in Bali is Rp. 100.000,- for people who are in the wild in the room/house not wearing a mask, it is an instruction previously issued by the President which instructs regional heads to impose sanctions, one of which is administrative fines for the community, and for the amount of the sanctions which are determined by the Governor.
PENGATURAN LARANGAN RANGKAP JABATAN MENTRI DALAM PERATURAN PERUNDANG-UNDANGAN DI INONESIA I Komang Trisna Adi Putra
Jurnal Komunikasi Hukum Vol 8 No 2 (2022): Agustus, Jurnal Komunikasi Hukum
Publisher : Program Studi Ilmu Hukum Fakultas Hukum dan Ilmu Sosial Universitas Pendidikan Ganesha Singaraja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/jkh.v8i2.51184

Abstract

Article 23 of the Law on State Ministries, ministers are prohibited from holding concurrent positions. However, at the Ministry of Defense, which is held by Prabowo Subianto, there was a dual position carried out by Prabowo Subianto where he served as Minister of Defense and general chairman of a political party. Judging from Article 23 of the Law on the Ministry of State, there is ambiguity in letter C, because Prabowo Subianto, apart from being the Minister of Defense, is also the general chairman of a political party. Article 35 paragraph (1) letter c of Law No. 2 of 2011 concerning Political Parties also regulates the existence of financial sources for political parties, namely in the form of financial assistance from the State Revenue and Expenditure Budget (APBN)/Regional Revenue and Expenditure Budget (APBD). Assistance sourced in this case (APBN/APBD) is assistance from the central government and local governments which of course already have arrangements that are in accordance with the needs of the party. Of course, each party does not get the same assistance because the provision of assistance from the central and regional governments sourced from the APBN/APBD is based on or based on the votes obtained by each party in the current Minister of Defense election where he is still the general chairman of a political party when viewed One of the sources of income for political parties in Indonesia is the APBN or APBD. Therefore, concurrent positions carried out by a minister who is also the general chairman of a political party have violated Article 23 letter C of the State Ministerial Law which can interfere with the performance of a minister in carrying out his duties so that the resulting performance cannot be optimal because it is divided by his activities as a general chairman of a political party.
Co-Authors I Dewa Gede Herman Yudiawan I Gust i Ngurah Wairocana I Ketut Sudiarta