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Contact Name
Rizanizarli
Contact Email
rizanizarli@unsyiah.ac.id
Phone
+62651-7410147
Journal Mail Official
sklj@unsyiah.ac.id
Editorial Address
Jln. Putroe Phang Street No.1. Darussalam, Provinsi Aceh, 23111
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INDONESIA
Syiah Kuala Law Journal
ISSN : 25491742     EISSN : 25809059     DOI : 10.24815/sklj.v5i3.23030
Core Subject : Humanities, Social,
We are interested in topics relating to domestic and international legal issues. it accepts articles relating to Civil Law, Criminal Law, Civil Procedural Law, Criminal Justice Process, Commercial Law, Constitutional Law, International Law, State Administrative Law, Adat Law, Islamic Law, Agrarian Law, Environmental Law and Constitutional Procedural Law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 3 Documents
Search results for , issue "Vol 6, No 1: April 2022" : 3 Documents clear
Non-Compliance Practices in Emergency Public Procurement Context of Handling COVID-19 Pandemic in Indonesia Sugimin Sugimin
Syiah Kuala Law Journal Vol 6, No 1: April 2022
Publisher : Magister Ilmu Hukum Fakultas Hukum Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (439.677 KB) | DOI: 10.24815/sklj.v6i1.26150

Abstract

This study aims to explore emergency provisions in regulations and policies of Indonesia’s public procurement system, to examine non-compliance practices with regulations and procedures by procurement actors pertaining to COVID-19 emergency public procurement, and possible recommendations of overcoming its detrimental effects. This study uses normative juridical research by examining library materials and the main data source is secondary data including literature review, regulations, and the audit findings. The result showed that emergency public procurement speeds up the public procurement process, but it was found non-compliance practices with regulations and procedures by procurement actors in every stage of the emergency public procurement, so it creates inefficiency, increases the risk of wasteful spending of state finances and even more it may lead to financial losses. To address this, governments or LKPP can consider reviewing existing emergency public procurement regulation (LKPP Regulation 13/2018) by establishing the detailed emergency public procurement documents and procedures and regulating a list of reference prices or the maximum price limit of certain goods by a Circular Letter of the Head of LKPP to prevent and avoid wasteful spending of state finances or an indication of state financial losses.
JURIDICAL ANALYSIS OF HOLDING STATE-OWNED ENTERPRISES IN THE VIEW OF CORPORATE LAW AND COMPETITION LAW Selia Putri
Syiah Kuala Law Journal Vol 6, No 1: April 2022
Publisher : Magister Ilmu Hukum Fakultas Hukum Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (438.826 KB) | DOI: 10.24815/sklj.v6i1.26267

Abstract

This research aims to analyse the status and Position of subsidiaries company of Holding State-Owned Enterprises and to find out regulate of Holding State-owned Enterprises in the view of Corporate Law and Competition Law. The result showed that Subsidiaries of Holding Stateowned Enterprises have a different status from State-owned Enterprises and have the same position as SOEs in certain aspects. This is based on Article 2A paragraph (7) of Government Regulation No. 72 of 2016, which states that SOEs Holding Subsidiaries are treated the same as SOEs in terms of (1) obtaining government assignments or performing public services; and/or (2) obtaining special State and/or Government policies, including in the management of Natural Resources, with special treatment certain conditions as applied to SOEs. The regulation of SOE holdings, Government Regulation No. 72 of 2016, does not comply with Article 51 Prohibition of Monopolistic Practice and Unfair Competition Law No. 5 of 1999. This is based on the implementation guidelines of Article 51 of Act No. 5 of 1999 State concentration of activities or monopolies cannot be regulated by government regulations, but shall be regulated by law.
COMPARISON OF ELECTION OF LOCAL HEAD BEFORE AND AFTER AMENDMENT TO THE 1945 CONSTITUTION Yulia Susantri
Syiah Kuala Law Journal Vol 6, No 1: April 2022
Publisher : Magister Ilmu Hukum Fakultas Hukum Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (271.7 KB) | DOI: 10.24815/sklj.v6i1.26268

Abstract

The election of local heads (KDH) is a democratic process that must be carried out to determine who will lead the regions and determine the management of the state in the regions so that the aspirations of the people are achieved. The history of the election of KDH from year to year, both before the amendment to the 1945 Constitution and after, is interesting to explore to find out the intent and purpose of the legislators. This type of research is a normative research that portrays law as a prescriptive discipline which only looks at the law from the point of view of its norms. The data that has been obtained will be analyzed in a normativequalitative manner, namely by interpreting and constructing statements contained in documents and laws and regulations. The results showed that prior to the amendment to the 1945 Constitution, the mechanism for regional head elections was not contained in the Constitution. The election method for KDH from 1974 followed the nuances of democracy at that time. In 1974 where Pancasila democracy was implemented, the appointment of KDH was the authority of the president together with the DPRD. At the beginning of the reform era, democracy was implemented making the KDH election mechanism the full authority of the DPRD due to the demands for reform to involve wider community participation in KDH elections. Starting in 2007 after the amendment to the 1945 Constitution, the election of KDH was carried out using a direct election mechanism by the people. Various new arrangements emerged in accordance with political and social developments such as the simultaneous election of KDH, individual candidates and single candidates in the implementation of KDH elections

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