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THE RESPONSIVE LEGISLATION: THE ROLE OF PARLIAMENTS IN THE ESTABLISHMENT OF LOCAL REGULATIONS ON TAXES AND FEES THAT ARE RESPONSIVE IN CENTRAL MALUKU DISTRICT Dayanto, Dayanto; Ruslan, Achmad; Hasrul, Muh.; Hakim, Asma
Tadulako Law Review Vol 1, No 2 (2016)
Publisher : Tadulako University

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The existence of Local Regulation of taxes and levies is often a problem, especially the cause of the economic climate, hight cost economy in the era of regional autonomy widespread today. Therefore, the Regional Representatives Council as one of the primary organs of the establishment of legislation demanded its role in presenting the Regulation on Taxes and Levies responsive. With the normative-legal research methods-empirical located in Central Maluku district, the study found that the normative role of Parliament as provided for in the provisions of legislation that allows for the formation of local legislation on taxes and levies which have not been effectively implemented responsive. Therefore, to ensure the establishment of local legislation on Taxes and Levies character responsive required their obedience to the law of Parliament to implement the role of normative in the formation of legislation, empowering the institutional capacity of Parliament as well as personal legislators in the formation of legislation, as well as the necessary revision of DPRDÂ Regulation Central Maluku District Number 01 of 2014 on the Standing Orders of parliament so as to ensure the accessibility of public participation in the formation of legislation.

Anomali Pembatalan Peraturan Daerah: Ratio Legis Putusan Mahkamah Konstitusi Jaya, Arief Try Dhana; Ruslan, Achmad; Riza, Marwati
Halu Oleo Law Review Vol 5, No 1 (2021): Halu Oleo Law Review: Volume 5 Issue 1
Publisher : Halu Oleo University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33561/holrev.v5i1.15760

Penelitian ini bertujuan untuk menganalisis ratio legis putusan Mahkamah Konstitusi tentang kewenangan pembatalan peraturan daerah. Realita pembatalan peraturan daerah kini dilema setelah Mahkamah Konstitusi seutuhnya melimpahkan kewenangan pembatalan Peraturan Daerah ke Mahkamah Agung yang menyebabkan pemerintah pusat tidak lagi dapat membatalkan peraturan daerah. Hasil penelitian ini menunjukkan bahwa Mahkamah cenderung menyamakan antara Pengujian dan Pembatalan. Kenyataannya sekarang, kewenangan pemerintah pusat untuk membatalkan Peraturan Daerah sudah tidak ada lagi mekanisme pembatalannya, yang ada hanya mekanisme pengujian.

Ius Constituendum Regulates the Cadre-Based Recruitment of Candidates for Members of the House of Representatives Through Political Parties Mukhlis, Muhammad Mutawalli; Ruslan, Achmad; Wahid, A.M. Yunus; Ilyas, Anshori; Wahab, Harlida Abdul
Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 7 Issue 1 (2024) Volksgeist: Jurnal Ilmu Hukum Dan Konstitusi
Publisher : Faculty of Sharia, Universitas Islam Negeri (UIN) Profesor Kiai Haji Saifuddin Zuhri Purwokerto, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/volksgeist.v7i1.10830

This study seeks to examine the challenges associated with cadre-based recruitment of the House of Representative candidates by political parties and to propose ideal frameworks for such recruitment. The current processes of political party recruitment are not comprehensive and encounter philosophical, sociological, and juridical issues. Philosophically, recruitment practices and orientations differ widely among parties, with some adopting populist methods and others being controlled by party elites. Sociologically, a feudalistic political culture ties parties to certain figures, promoting a pragmatic approach aimed at winning elections rather than ensuring candidate quality. Juridically, while Law Number 2 of 2011 mandates democratic cadre recruitment, Law Number 7 of 2017 on General Elections lacks clear requirements for nominating cadres, resulting in inconsistencies between the laws. This research employs a normative legal methodology, incorporating conceptual, statutory, and comparative approaches. The study involves analyzing regulatory documents, books, journals, and other relevant scholarly works to explore how legal provisions are implemented in society. The findings indicate that problems in cadre-based recruitment arise from ambiguous principles and orientations in regulations. Future arrangements should prioritize party ideology and orientation, drawing on practices from Malaysia and the United States. It is crucial to establish statutory principles for political party cadre and recruitment, focusing on character, utility, ideology, vote balance, democracy, transparency, justice, and equality.

The Arrangement of Investment Policy for the Protection of Indigenous People’s Rights Wamafma, Filep; Moenta, Andi Pangerang; Patittingi, Farida; Ruslan, Achmad
Hasanuddin Law Review VOLUME 5 ISSUE 2, AUGUST 2019
Publisher : Faculty of Law, Hasanuddin University

The investment law policies have a positive influence on the interests and welfare of all Indonesian people. However, many legal problems arise due to overlapping regulations both at the central and regional government levels, and also in term of the implementation of decentralization. The results show that the arrangement of investment policy in West Papua against the recognition and respect for Papua indigenous people's rights are still limited to universal policies. Nationally, the policy has not clearly revealed how the form of recognition and respect for the rights of indigenous peoples and/or Papuan indigenous peoples rights related to the presence of investments in West Papua. On a regional scale, the provincial government policy in the form of regional regulations, only covers the scope of investment in West Papua, but does not fully explain how the form of recognition and respect for Papua indigenous peoples related to investment. Hence, related with the alignment of Papua indigenous people's rights in the field of ideal investment arrangements in West Papua was began with the concept of Bottom-up Development Planning, by involving indigenous peoples as a whole. This concept is based on the Optimum Suitable Yield (OSY) where the amount of natural resources that can be exploited must be based on calculations from various perspectives such as biology, economics, and even socio-political perspectives.

COMMUNITY PARTICIPATION IN WASTE MANAGEMENT IN PINRANG REGENCY: TOWARDS A WASTE-FREE ENVIRONMENT AR, Andi Bau Inggit; Ruslan, Achmad; Annisa, Arini Nur; Arifin, Arnita Pratiwi; Lestari, Arini Enar; AR, Andi Bau Medlin; Imanullah, Andi Muhammad Aqil; Kadarudin; Rifai, Andi Tenri Famauri; Rastiawaty
Awang Long Law Review Vol. 7 No. 1 (2024): 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.v7i1.1362

The problem of waste management in Penrang Village is caused by the fact that many people are not yet aware of disposing of waste in its place, the lack of community participation due to the lack of understanding and legal awareness of the community in protecting the environment, the suboptimal management of waste by the local government through TPS3R, and the lack of community understanding regarding Pinrang Regency Regulation no. 7 of 2013 concerning Waste Management. Legal socialization is the best solution that can be offered, so the method of implementing the activities used in lectures and discussions between the PPMU-PK-M Team of Hasanuddin University with the village apparatus and the surrounding community. The community's lack of understanding and awareness regarding their role in waste management causes many problems related to environmental management, especially concerning waste management in Penrang Village. The number of cleaning staff in Penrang Village is also inadequate, so they are overwhelmed in carrying out their duties. The lack of officers hampers the distribution of household waste to the final disposal site. This is because many people refuse to pay their waste transportation fees, even though the fees are managed to become the wages of cleaning staff in the village. In this case, the local government should be able to resolve the issue of wages for cleaning staff in order to achieve good waste management in Penrang Subdistrict.

Optimalisasi Fungsi Legislasi Badan Musyawarah Kampung Silambi, Erni Dwita; Samderubun, Fransiskus; Ruslan, Achmad; Halim, Hamzah
SASI Vol 27, No 3 (2021): Volume 27 Nomor 3, Juli - September 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v27i3.403

This study aims to optimize the implementation of the legislative function in the village consultative organization. This study using sociolegal law research methods, data collection techniques used are interviews, direct observation, literature study. All data obtained from this study, both primary data, secondary data, and tertiary data, are then processed and analyzed qualitatively for further description in order to provide understanding by explaining the results of this study, ideally, it discusses and agrees on a village regulation draft from the right of initiative. The proposal purpose is to gather the aspirations from the village community and stipulated in a village regulation product. However, the implementation of proposals and designs proposed by the Village Deliberative Council was low, resulting in the lack of village regulations being produced. There are 179 villages in Merauke district, none of it has village regulation product initiatively.. The decline performance of the Village Deliberative Council will result in ineffective legislative functions. Appropriate regulations, namely renewal and improvement in terms of Quality, Quantity, Timeliness, Effectiveness, Independence, Environment, become benchmarks in optimizing the legislative function of Village Deliberative Council. Something questionable here is whether the village community can follow the changes or reject the changes.

The Arrangement of Investment Policy for the Protection of Indigenous People’s Rights Wamafma, Filep; Moenta, Andi Pangerang; Patittingi, Farida; Ruslan, Achmad
Hasanuddin Law Review VOLUME 5 ISSUE 2, AUGUST 2019
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v5i2.2403

The investment law policies have a positive influence on the interests and welfare of all Indonesian people. However, many legal problems arise due to overlapping regulations both at the central and regional government levels, and also in term of the implementation of decentralization. The results show that the arrangement of investment policy in West Papua against the recognition and respect for Papua indigenous people's rights are still limited to universal policies. Nationally, the policy has not clearly revealed how the form of recognition and respect for the rights of indigenous peoples and/or Papuan indigenous peoples rights related to the presence of investments in West Papua. On a regional scale, the provincial government policy in the form of regional regulations, only covers the scope of investment in West Papua, but does not fully explain how the form of recognition and respect for Papua indigenous peoples related to investment. Hence, related with the alignment of Papua indigenous people's rights in the field of ideal investment arrangements in West Papua was began with the concept of Bottom-up Development Planning, by involving indigenous peoples as a whole. This concept is based on the Optimum Suitable Yield (OSY) where the amount of natural resources that can be exploited must be based on calculations from various perspectives such as biology, economics, and even socio-political perspectives.

COMMUNITY PARTICIPATION IN WASTE MANAGEMENT IN PINRANG REGENCY: TOWARDS A WASTE-FREE ENVIRONMENT AR, Andi Bau Inggit; Ruslan, Achmad; Annisa, Arini Nur; Arifin, Arnita Pratiwi; Lestari, Arini Enar; AR, Andi Bau Medlin; Imanullah, Andi Muhammad Aqil; Kadarudin; Rifai, Andi Tenri Famauri; Rastiawaty
Awang Long Law Review Vol. 7 No. 1 (2024): 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.v7i1.1362

The problem of waste management in Penrang Village is caused by the fact that many people are not yet aware of disposing of waste in its place, the lack of community participation due to the lack of understanding and legal awareness of the community in protecting the environment, the suboptimal management of waste by the local government through TPS3R, and the lack of community understanding regarding Pinrang Regency Regulation no. 7 of 2013 concerning Waste Management. Legal socialization is the best solution that can be offered, so the method of implementing the activities used in lectures and discussions between the PPMU-PK-M Team of Hasanuddin University with the village apparatus and the surrounding community. The community's lack of understanding and awareness regarding their role in waste management causes many problems related to environmental management, especially concerning waste management in Penrang Village. The number of cleaning staff in Penrang Village is also inadequate, so they are overwhelmed in carrying out their duties. The lack of officers hampers the distribution of household waste to the final disposal site. This is because many people refuse to pay their waste transportation fees, even though the fees are managed to become the wages of cleaning staff in the village. In this case, the local government should be able to resolve the issue of wages for cleaning staff in order to achieve good waste management in Penrang Subdistrict.

Analisis Hukum Peningkatan Tarif Nilai Objek Pajak Tidak Kena Pajak dalam Transaksi Jual Beli Tanah di Kabupaten Jember Anggriani, Alvi; Ruslan, Achmad; Arisaputra, Muhammad Ilham
Al-Mizan (e-Journal) Vol. 19 No. 2 (2023): Al-Mizan (e-Journal)
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30603/am.v19i2.3942

This study aims to analyze the policy of imposing acquisition value of tax objects is not taxable (NPOPTKP) tariff increases in land buying and selling transactions and the authority of the Jember district government in determining the increase in NPOPTKP rates in Jember district. This research was conducted using empirical research methods. The results of this study indicate (1) the policy of imposing an increase in tariffs of NPOPTKP in land sale and purchase transactions in Jember Regency has been regulated following with applicable laws and following with existing regional regulations, namely following with Jember Regent Regulation Number 45 of 2021 concerning Amendments to Regent Regulation Number 38 of 2011 concerning Procedures for Collection of Fees for Acquisition of Land and Building Rights; (2) The authority of the regional government of Jember Regency in determining the increase in tariffs on the value of non-taxable tax objects has been implemented by Law Number 28 of 2009 concerning Regional Taxes and regional levies to expand regional tax objects and regional levies and to provide discretion in determining the rates to the local government considering that it is necessary to increase the tariffs of NPOPTKP in land buying and selling transactions caused by a discrepancy between the realization of tax revenues and the targets set due to non-compliance by the public in carrying out their tax obligations. The application of administrative sanctions for taxpayers who do not comply in carrying out their tax obligations should be implemented by the Regional Planning and Revenue Agency (Bappeda) so that the target of revenue in the tax sector that has been set can be achieved to the maximum.

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