Muhammad A. Rauf
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IMPLEMENTASI PERATURAN BUPATI INDRAGIRI HULU NOMOR 1 TAHUN 2019 DALAM HAL KEBIJAKAN PEMENUHAN SARANA DAN PRASARANA PENGELOLAAN SAMPAH RUMAH TANGGA Eci Novita Sari; Maria Maya Lestari; Muhammad A. Rauf
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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Facilities and infrastructure for waste management are regulated inIndragiri Hulu Regent Regulation Number 1 of 2019 concerning Policies andStrategies for Indargiri Hulu Regency in the Management of Household Waste andWaste Similar to Household Waste. The purpose of writing this thesis is to: First,find out the policy for fulfilling facilities in waste management based on Article 10Paragraph (2) Indragiri Hulu Regent Regulation Number 1 of 2019 concerningPolicies and Strategies for Indargiri Hulu Regency in Managing Household Wasteand Waste Similar to Household Waste. Second, find out the policy for fulfillinginfrastructure in waste management based on Article 10 Paragraph (2) of IndragiriHulu Regent Regulation Number 1 of 2019 concerning Policies and Strategies forIndargiri Hulu Regency in Managing Household Waste and Waste Similar toHousehold Waste. Third, efforts to deal with waste in Indragiri Hulu Regency inmaximizing facilities and infrastructure based on Indragiri Hulu Regent RegulationNumber 1 of 2019 concerning Policies and Strategies for Indragiri Hulu Regencyin Managing Household Waste and Waste Similar to Household Waste.This type of research is sociological juridical research, because theauthor directly conducts research at the location or place of research in order toprovide a complete and clear picture of the problem under study. The researchlocation is Kelayang District, Rakit Kulim District, Lubuk Batu Jaya District,Sungai Lala District, Batang Peranap District, the Indragiri Hulu RegencyEnvironmental Service, the Indragiri Hulu Regency DPRD.From the results of the research problem, there are three main things thatcan be concluded. Author's suggestion, the Office is more active in managing wastein accordance with the Regent's Regulations, as well as conducting socializationwith the sub-district government so that people do not throw garbage where theyshouldn't.Keywords: Implementation- -infrastructure-facilities-Indragiri Hulu
URGENSI PENERAPAN HUKUM TATA NEGARA DARURAT DALAM PENANGGULANGAN BENCANA CORONA VIRUS DISEASE 2019 DI INDONESIA Konang Perdana Putra; Gusliana HB; Muhammad A. Rauf
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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The development of the spread of this virus continues and occurs not only in Chinabut spreads widely throughout the world, including one of them to Indonesia. With a largenumber of deaths and endangering the country, on January 30 2020 the World HealthOrganization (WHO) declared the Corona Virus Disease 2019 outbreak or what is knownas Covid-19 as a public health emergency that is worrying the world and on March 11 2020an outbreak was announced. as a pandemic. So that various protection efforts are carriedout by each country with different policy implementations. Because compared to otheraspects, health is one of the basic human needs and without human life becomesmeaningless. Even though there have been regulations governing health under Law Number36 of 2009 concerning health, arrangements to tackle the spread of Covid-19 in Indonesiaare not only sufficient based on the health law alone, it requires policies from thegovernment to tackle Covid-19 by based on state ideology as well as internationalconventions.Regarding the Covid-19 pandemic from the perspective of this ConstitutionalEmergency Law, and looking at the policies and legal instruments that have been stipulatedby the President, it does not categorize Covid-19 into a dangerous category but falls into thesecond terminology, namely urgent urgency in accordance with Article 22 of theConstitution. 1945 Indonesia is currently in a state of emergency as stated in PresidentialDecree (Keppres) Number 11 of 2020. These difficult conditions require appropriatepolicies in accordance with more advanced and responsive efforts in accordance with lawsand regulations. provision.The Urgency of Implementing Emergency Administrative Law in Managing theCovid-19 Disaster can be an instrument for the government in overcoming an abnormalstate of affairs. Therefore, this Emergency Constitutional Law can be an effective andefficient alternative or solution in overcoming a state problem that is currently in anemergency. In the conditions of the Covid-19 pandemic, the government made a legalchoice as a Health Emergency, but in overcoming the Covid-19 pandemic, various legalinstruments have regulated it so that the government declared the Covid-19 pandemic anational disaster with Presidential Decree (Keppres) No. 11 of 2020 .Keywords: Corona Virus Disease, Lockdown, Constitutional Law Emergency.
IMPLEMENTASI PERATURAN MENTERI DALAM NEGERI NOMOR 20 TAHUN 2018 TENTANG PENGELOLAAN KEUANGAN DESA DI DESA SEMUNAI KECAMATAN PINGGIR KABUPATEN BENGKALIS PROVINSI RIAU Markus Lato Munthe; Junaidi Junaidi; Muhammad A. Rauf
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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Villages are customary villages and villages or what are referred to by other names arelegal community units that have territorial boundaries that are authorized to regulate andmanage government affairs, local community interests based on community initiatives, originrights, and/or traditional rights that are recognized and respected in system of government ofthe Unitary State of the Republic of Indonesia, Village Financial Management is the wholeactivity which includes planning, implementation, administration, reporting, andaccountability of Village finances. Whereas Village finance means that all Village rights andobligations can be valued in money and everything in the form of money and goods related tothe implementation of Village rights and obligations. In writing this thesis, the author tries toimplement Article 2 of the Minister of Home Affairs Regulation Number 20 of 2018 concerningVillage Financial Management in Semunai Village, Pinggir District, Bengkalis Regency, RiauProvince.The objectives of writing this thesis are: first, to find out the implementation of Article2 of the Minister of Home Affairs Regulation Number 20 of 2018 concerning Village FinancialManagement in Semunai Village, Pinggir District, Bengkalis Regency, Riau Province. Second,to find out the inhibiting factors in the implementation of Article 2 of the Minister of HomeAffairs Regulation Number 20 of 2018 concerning Village Financial Management in SemunaiVillage, Pinggir District, Bengkalis Regency, Riau Province. The research method in this thesisuses a type of sociological legal research, namely research on the effectiveness of laws thatlive in society. The nature of this thesis research is research descriptive which describessystematically, the facts and characteristics of the object studied appropriately. The datasource used is the data source first, seconds and tertiary The data collection techniques in thisstudy were interviews, questionnaires and literature review. After the data was collected, itwas analysed to draw conclusions.Based on the results of the research, the first conclusion can be drawn that theimplementation of the principles of village financial management in Semunai Village, seenfrom the principles of transparency, accountability, participation, as well as orderly anddisciplined budgets, is quite good. participatory in Semunai village, organizers and theSemunai village community understand enough about the principles of village financialmanagement community, and other factors, namely the existence of misunderstandingsbetween the community and the village government regarding the implementation of villageactivities and the provision of village financial information.Keywords: Village, Management, Village Finance
IMPLEMENTASI PERATURAN MENTERI PERDAGANGAN NOMOR 48/M-DAG/PER/7/2015 PASAL 2 AYAT (2)TERKAIT IMPOR BARANG BEKAS DI TEMBILAHAN Muhammad Iqbal; Dessy Artina; Muhammad A. Rauf
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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The attitude and behavior of people who prefer to buy imported used clothes because theyare tempted by foreign brands. Used clothing from abroad which includes goods prohibited fromimporting as regulated in the Regulation of the Minister of Trade Number 48/M-DAG/PER/7/2015.The entry of used clothes illegally imported into the domestic market has had a very bad impact onthe national economy as a whole. This is because the circulation of used clothes that are smuggledat a lower price will close the market for goods produced by domestic industries, which will resultin reduced stimulation or efforts to increase domestic production.This type of research can be classified in the type of sociological legal research (empirical),because in this study the author directly conducts research on the location or place under study inorder to provide a complete and clear picture of the problem being studied. This research wasconducted in the Tembilahan City Region, Indragiri Hilir Regency, Riau Province. The populationand samples are the Head of the Department of Trade and Industry of Indragiri Hilir Regency,Head of Trade Division of the Department of Trade and Industry of Indragiri Hilir Regency, Headof the Inspectorate General of Customs and Excise TMP C Tembilahan, Head of the Section forEnforcement and Investigation of Customs and Excise, Tembilahan Head of Health ResourcesDivision. Indragiri Hilir District Health, Secondhand Clothing Traders and the community. Sourcesof data used are primary data, and secondary data. Data collection techniques in this study wereinterviews, and literature review.The conclusions that can be obtained from the results of the research are First, theimplementation of Ministerial Regulation Number 48/M-Dag/Per/7/2015 Article 2 paragraph (2)related to the import of used goods in Tembilahan. This is what causes the used clothing business inTembilahan to still happen a lot. The sellers of used clothing there all know that what they areselling is actually not allowed to be traded and also the public's interest and dependence onimported used clothing does not make used clothing traders decrease, it just gets worse. increase.Second, the obstacles to implementing Ministerial Regulation Number 48/M-Dag/Per/7/2015Article 2 related to the import of used goods consist of Economic Factors, Inconsistency ofRegulations, and Limited resources, facilities and infrastructure. And Third, the government'sefforts in implementing the regulation of the minister of trade number 48/M-DAG/PER/7/2015article 2 paragraph 2 in Tembilahan is that it is necessary to develop a performance strategy forsocializing public understanding, supervision and also law enforcement so as to be able toovercome the implementation of Ministerial Regulation Number 48 /M-Dag/Per/7/2015 Article 2paragraph (2) regarding the import of used goods in TembilahanKeywords: Implementation, Regulation, Used Goods.
ANALISIS YURIDIS KEDUDUKAN SURAT SERUAN GUBERNUR DALAM HUKUM POSITIF DI INDONESIA Michael Graceson Loyver Sitompul; Gusliana HB; Muhammad A. Rauf
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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Regional Government has the jurisdiction to legally form a regional legal product,which aims to serve as the legal basis for all activities in administering government and as aform of guaranteeing legal certainty in regulating social, national and state life.This research is normative research. This is based on library research which takesquotations from reading books, or supporting books that are related to the problem to beresearched. This research uses secondary data sources consisting of primary, secondary andtertiary book materials. This research also uses qualitative data analysis and producesdescriptive data.From the results of the research and discussions carried out, several conclusions wereobtained, namely: First, the position of the Governor's Call Letter in Positive Law inIndonesia can be said to be one of the legal products in the form of policy regulations(beleidsregel), but when referring to the provisions contained in Regulation of the Governorof DKI Jakarta No. 99 of 2021 concerning the Administration of Official Documents, in factthe position of the Governor's Call Letter is an official directive text, but with the formationof the Governor's Call Letter it is more appropriate to say that it is a policy regulation(beleidsregel). Second, the content and binding force of the Governor's Appeal Letter isbasically an appeal to the public which is persuasive in nature, however there are severalGovernor's Appeal Letters whose content and binding force do not comply with theprovisions in DKI Jakarta Governor Regulation No. 99 of 2021 concerning Procedure forOfficial Documents. Third, the arrangement of content material in the Governor's AppealLetter must be reformulated, so that in the future there is legal certainty in the ContentMaterial contained in the Governor's Appeal Letter.Keywords: Surat Seruan Gubernur - Position - Positive Law
PERAN BADAN PENGAWAS OBAT DAN MAKANAN DALAM PENGAWASAN PEREDARAN OBAT BERLOGO BIRU DI LUAR SARANA FARMASI DI KOTA PEKANBARU Refika Wahyuni; Gusliana HB; Muhammad A. Rauf
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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Based on Law Number 36 of 2009 concerning Health Article 98paragraph (2), it is explained that drug distribution can be circulated by partieswho have authority in their fields. Furthermore, it is explained in the PresidentialRegulation Number 80 of 2017 concerning the Drug and Food Control AgencyArticle letters (b) and (c), that the Drug and Food Control Agency has theauthority to carry out intelligence and investigations in the field of drug control inaccordance with statutory regulations and imposing sanctions administrative inaccordance with the provisions of the legislation. So with that, minimarkets orgrocery toll roads are not allowed to sell or distribute drugs without a drugstorepermit.In this study using empirical legal research methods, which collected datausing interviews, questionnaires, library research and observation of researchersin the city of Pekanbaru. While the population and sample in this study are theHead of the Center for Drug and Food Control in Pekanbaru, the Head of thePekanbaru City Health Service, Indomaret, Alfamart and grocery stores in thePekanbaru city areaFrom the results of research conducted by researchers, it can beconcluded that there are three main elements, namely, first, that the Food andDrug Supervisory Agency has not carried out optimal supervision. Second, theinhibiting factors for the Drug and Food Control Agency in carrying out its roleare the large number of existing facilities at Pekanbaru, the lack of humanresources at the Drug and Food Control Agency in Pekanbaru, the lack of publicknowledge of the applicable laws regarding drug distribution, not adherence ofbusiness actors to the applicable book rules regarding the distribution of drugsoutside pharmaceutical facilities in Pekanbaru City. Kenga Efforts that have beenmade by the Food and Drug Supervisory Agency, namely by providing educationto the public or business actors providing supervisors on the spot if irregularitiesare found at the place, giving administrative sanctions such as a warning to thetemporary closing of the place of business.Keywords: BPOM – Control - Drug Distribution
GAGASAN PENGISIAN JABATAN PENJABAT KEPALA DAERAH DIKAITKAN DENGAN ASAS AKUNTABILITAS DI INDONESIA Hafifatul Nesya; Dessy Artina; Muhammad A. Rauf
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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Filling in the position of acting regional head (Pj) which is carried out using anappointment mechanism by the president and the minister of home affairs is considered nottransparent, accountable and participatory and ignores democratic principles. The centralgovernment has a central role in appointing acting regional heads without involving theaspirations of the regions, and there is no clear and firm legal regulation regarding fillingthe positions of acting regional heads which is increasingly causing polemics in society.This study uses normative legal research methods by collecting literature andfocusing on legal principles, namely the general principle of good governance (AUPB) infilling the positions of acting regional heads in accordance with the principle ofaccountability in Indonesia.The results of the study show that, first, the dynamics of filling the vacant positions ofregional heads in Indonesia from the old order era to the reform era were carried outcentrally with power in the hands of the central government. This is reflected in severalstatutory provisions in force in Indonesia which are the government's reference in filling thevacant regional head positions. Second, filling the position of acting regional head is seen asnot being transparent, participatory and accountable and setting aside democratic values byignoring the aspirations of the region and the people. The central government is nottransparent and accountable in appointing acting regional heads so that the mechanism forappointing acting regional heads creates polemics in society. Third, the legal regulationsregarding acting regional heads should be issued immediately so that the filling of regionalhead positions has a clear and firm measurable mechanism and continues to be transparent,accountable and participatory as mandated in the Constitutional Court decision with caseNumber 67/PUU-XIX/2021 and Article 86 paragraph (6) of Law Number 23 of 2014concerning Regional Government, with contents including: a) involving the DPRD in theprocess of proposing candidates for acting regional heads b) participation of the regionalpeople in providing suggestions and input regarding the performance of the acting (Pj)regional head, c) the existence of mechanisms and prerequisites that are clearly measurableand filling the positions of acting regional heads so that they remain in accordance with thegeneral principles of good governance that are transparent, participatory and accountable.Keywords: Idea, Filling in the Position of Acting Regional Head, Accountability
IMPLEMENTASI PENGELOLAAN ALOKASI DANA DESA BERDASARKAN PERATURAN PEMERINTAH NOMOR 43 TAHUN 2014 TENTANG PERATURAN PELAKSANAAN UNDANG-UNDANG NOMOR 6 TAHUN 2014 TENTANG DESA (Studi Kasus di Desa Segati Kecamatan Langgam Kabupaten Pelalawan) Sri Nabila; Dodi Haryono; Muhammad A. Rauf
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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The management of village funds in empowering village residentsand to find out several factors that enable and hinder the management of villagefunds. This research uses sociological research methods. This activity was carriedout in Segati Village, LanggamDistrict, Pelalawan Regency, by conductinginterviews and observations to obtain data and information about interpretedvillage funds. Segati Village received a Village Fund budget of IDR2,571,968,300. In 2019, IDR. 2,809,007,000 in 2020, Rp. 2,442,927,000 in 2021and the Village Fund Allocation (ADD) budget in 2021 is Rp. 1,031,380,000. AndDistribution is carried out in 2 (two) stages, namely, the first stage 60% and thesecond stage 40%.The aim of this research is to determine the realization of VillageFund management in Segati Village, Langgam District, Pelalawan Regency. Thenumber of research informants was 5 people with the Village Head, VillageSecretary, Village Consultative Body, Management Activity ImplementationTeam, Subdistrict Head, as informants. data collection techniques usinginterviews and analysis.The research results show that the management of village fundscarried out by the village government has not been fully realized and needs to beimproved further. The suggestion in this research is that it is hoped that themanagement of Village Funds will put more emphasis on the provisions set so thatall sectors in the Village Fund Allocation management policy are implementedwell. As well as the Regional Government monitoring villages that do notimplement government policies regarding managing village funds properly, aswell as evaluating which villages use Village Fund Allocations but do not complywith the stipulated provisions so that they can be given warnings and sanctions sothat village fund management is realized properly.Keywords: Implementation, Management, Allocation of Village Funds
PENYELENGGARAAN SISTEM ELEKTRONIK DI DKI JAKARTA BERDASARKAN PERATURAN MENTERI KOMUNIKASI DAN INFORMATIKA NOMOR 5 TAHUN 2020 TENTANG PENYELENGGARASISTEM ELEKTRONIK LINGKUP PRIVAT Ahmad Raditya Yunizar; Gusliana HB; Muhammad A. Rauf
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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The Minister of Communication and Informatics issued regulations regarding private electronicsystem operators through Ministerial Regulation Number 5 of 2020 concerning Private ElectronicSystem Operators. In the ratification of these regulations, according to the requirements for theimplementation of state administrative law, one of the conditions was violated, namely legitimacy, whichmeans that state administrative activities should not cause commotion because they are not acceptableto the local community or the environment concerned.The enactment of this regulation creates problems in the community and disrupts communityactivities, starting from the economic and social aspects. In the implementation of the ministerialregulation there are still many obstacles to achieving the objectives of the regulation. The ministerialregulation also contradicts the regulations above it, namely the Electronic Information and TransactionLaw. By going through an empirical approach with the aim of answering issues based on the scientificside as well as field factsThe results of this research are that the government in enforcing regulations still has somedeficiencies starting from socialization, deficiencies in human resources who master technology, andthere are still many companies that ignore these regulations which impact on the wider community. Forthis reason, it is necessary to disseminate information related to these regulations to the widercommunity and to strengthen human resources who understand technology so that problems do notoccur in the future so that in the future these regulations can improve the quality of the state in any field.Keywords: Implementation, Regulation of the Minister of Communication and Informatics, PrivateElectronic System Operators.
TINJAUAN HUKUM TENTANG IMPLEMENTASI TUGAS DAN FUNGSI BADAN PENGEMBANGAN SUMBER DAYA MANUSIA PROVINSI RIAU DALAM RANGKA PENGEMBANGAN KOMPETENSI PEGAWAI NEGERI SIPIL Hadra Nafila Fajriani; Evi Deliana; Muhammad A. Rauf
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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The smooth implementation of government tasks and national developmentis highly dependent on the working mechanism of the state apparatus, especiallycivil servants. Civil Servants, hereinafter abbreviated as PNS, are not onlyelements of the state apparatus, but also public servants who live in the midst ofsociety and work for the benefit of society. The position and role of civil servantsin every government organization is very decisive, because civil servants are thebackbone of the government in carrying out national development.This study is based on the fact that it is important to develop humanresources by increasing skills to create administrative officers who are competentin the field of human resource management. The purpose of this study was toexamine and analyze human resource development through capacity building atthe Human Resource Development Board of Riau Province.This research is sociological legal research, namely research that looks atthe relationship between law and society with the gap between the law that shouldand the law that actually occurs. This research was conducted at the HumanResources Development Board of Riau Province. This research also containsinterviews distributed to civil servants who participated in competencydevelopment and those who did not participate in competency development. Thedata collection technique was carried out by interviews and literature review.From the results of research that has been done, the implementation hasbeen going quite well. This is because the relevant agencies are moving throughupdates for employees in competency development. The inhibiting factors areadministrative sanctions that have not gone well and the limited budget of fundsowned.Keywords: Competency Development, Civil Servants.