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Journal : Lentera Hukum

Pengelolaan Barang Milik Daerah Berdasarkan Peraturan Pemerintah Nomor 27 Tahun 2014 tentang Pengelolaan Barang Milik Negara/Daerah Febriana, Era Nandya; Jayus, Jayus; Indrayati, Rosita
Lentera Hukum Vol 4 No 2 (2017): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v4i2.4782

Abstract

Indonesia is the Unitary State. It is understood that within a unitary state, the central government operates a high state sovereignty. In order not to be arbitrary, the activities of the central government are supervised and limited by the constitution. The government which is divided from the Central Government to the Regional Government included Regional Autonomy therein, as well as the authority of the Regional Government, is on duty to manage the Regional Property. In carrying out its authority as an administrator of local property, there are still many abuses or omissions committed by the local government in operating its authority in managing regional property, such as the negligence of the Regional Assets, the misuse of authority in the revocation of rights already granted by the regional government on the right to use of local property, using local property for personal interest. In the management of regional property required planning, implementation, and supervision by the local government in accordance with applicable laws and regulations in the constitution. Keywords: Authority, Local Government, Management of Regional Property
Rekonseptualisasi Seleksi Hakim Konstitusi Sebagai Upaya Mewujudkan Hakim Konstitusi yang Berkualifikasi Indramayu, Indramayu; Jayus, Jayus; Indrayati, Rosita
Lentera Hukum Vol 4 No 1 (2017): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v4i1.5267

Abstract

Integrity, good character, justice, and expert statesman of the constitution as the indicators to appoint Constitutional Judge should be taken into account by the Supreme Court, the House, and the President in the selection process. The cases of corruption named Akil Mochtar and Patrialis Akbar as the convicted and the suspected persons respectively should be regarded as an appropriate opportunity to evaluate law relating to the Constitutional Judges selection process in which it is not clearly defined in the Constitutional Court Act. To date, the law relating to selection is given to respective institutions where the Supreme Court takes the selection internally with no transparency, the House only requires to write and present article, and—in some cases—the President prefers to appoint with no adequate criteria. The article uses doctrinal research in addressing the case related to the current regulation on constitutional judge selection. It concludes that the Supreme Court, the House, and the President ignore the principles of transparency, participatory, objectivity, and accountability in the selection, including the possibility of resulting unqualified judge. The selection needs reconceptualization comprising the establishment of expert panel, unaffiliated candidate to a political party, and re-concept of selection mechanism. Keywords: Reconceptualization, Selection, Constitutional Judge