Safrudin, Arba, Sahnan

Abstract:

This study aims to find out and analyze about building permit holders tend to violate Mataram City Regulation Number 12 of 2011 concerning Mataram City Spatial Planning (RTRW), legal protection that violates RTRW after the enactment of Mataram City Regulation Number 12 of 2011 concerning Plans Mataram City Spatial Planning (RTRW) and the settlement of violations of Mataram City Regulation Number 12 of 2011 concerning Spatial Planning (RTRW) of Mataram City for buildings that before Mataram City Regulation Number 12 Year 2011 concerning Spatial Planning (RTRW) of Mataram City were determined .

The results of the study show that: Building permit holders tend to violate Mataram City Regulation number 12 of 2011 concerning Mataram City Spatial Planning (RTRW) due to juridical and non-juridical factors. Legal protection that violates the RTRW after the enactment of the Mataram City Regional Regulation Number 12 of 2011 concerning the Mataram City Spatial Plan (RTRW), namely: Legal protection of individual and community rights can be in the form of preventive legal protection and repressive legal protection. Completion of violations of Mataram City Regulation Number 12 of 2011 concerning the Spatial Plan (RTRW) of Mataram City for buildings that before the Mataram City Regulation Number 12 of 2011 concerning Mataram City Spatial Planning (RTRW) were determined, namely: settlement through litigation and non-litigation.

Keywords: regional regulation, spatial planning, city of mataram

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I Wayan Bagus Partama, Djumardin, Eduardus Bayo Sili

Abstract:

This study aims to determine and analyze the formulation of the Discretion concept in Law Number 30 of 2014 concerning Government Administration and the application of discretionary legal responsibility by the government relating to criminal acts of corruption.

The results of the study indicate that Discretion is an important essence of a democratic State, which philosophically discretion is a consequence of the authority that has been given to State administration officials in the form of freedom acting as an alternative to a textual impasse of an Act. The formulation of the discretion concept in Law Number 30 of 2014 concerning Government Administration is regulated in Article 22, which gives a discretionary limit in two respects, first the discretion must be issued by an authorized official, and both discretion must have clear objectives that contain things, as follows: launching the administration of government; fill in the legal vacuum; provide legal certainty; and to overcome the stagnation of government in certain circumstances for the benefit and public interest. Discretion is one part of the actions of the State administration regulated in Administrative Law. In accordance with its nature, State Administrative Law is a stand-alone branch of law so that it has its own accountability mechanism called administrative accountability sanctions. In Law Number 30 of 2014 concerning Government Administration, there are several forms of administrative accountability mechanisms given to an error committed by government officials in terms of good discretionary actions relating to State financial losses or not, which are contained in the provisions of Article 80 of the Act. Law Number 30 of 2014 concerning Government Administration, which consists of mild, moderate and severe administrative sanctions.

Keywords: accountability, administration, discretion, corruption

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Gede Yudha Prasetya, Galang Asmara, Crisdianto Eko Purnomo

Abstract:

A cartel is an agreement of one business actor with a competing business actor to eliminate competition between the two. This agreement is specifically regulated in Article 1 number (7) of Law Number 5 Year 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition. With the subject matter of the study, first what is the regulation of the cartel in Law Number 5 Year 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition? And second, how is Modus Operandi carried out by business actors against cartel practices in cases that occur in Indonesia? Based on the results of the study the authors conclude that the first cartel arrangement is contained in Article 11 of Act Number 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition, and regulations of the Business Competition Supervisory Commission Number 4 of 2010 concerning the Cartel as guidelines for implementing Article 11. The operandi carried out by business actors in Case Number 08/KPPU-I/2014 is to make arrangements to regulate production by holding meetings but the meeting is aimed at the gathering of members and meals.

Keywords: cartel practice, monopolistic practices, and business competition

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Agussalim Mad Arab, Siti Nurmayanti, LM Furqan

Abstract:

Job satisfaction reflects an individual’s feelings for his work. An employee who has a high level of job satisfaction will show a positive attitude towards his work, on the contrary an employee who has a low level of job satisfaction will show a negative attitude towards his work. This study aims to analyze employee job satisfaction which is influenced by locus of control, environment non-physical work, and work discipline. Data was collected using a questionnaire given to 113 government employees with a work agreement at the Institute of Domestic Administration of the West Nusa Tenggara Campus. Data collection methods in this study were interviews, documentation, questionnaires. The data analysis technique used in this study is multiple linear regressions which are then analyzed using SPSS version 16.0. The findings of the study show that the non-physical work environment and work discipline have a positive and significant effect on employee job satisfaction at the Nusa Tenggara Campus Institute of Domestic Administration West. Whereas locus of control has a positive but not significant effect on employee job satisfaction at the Institute of Domestic Administration Campus West Nusa Tenggara. This study also concluded that the non-physical work environment is a factor that has the most dominant influence on employee job satisfaction at the Institute of Domestic Administration of the West Nusa Tenggara Campus.

Keywords: Locus of Control, Nonphysical work environment, Work Discipline, Job Satisfaction

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Firdaus Muslim, Kaharudin, Muh. Risnain

Abstract:

This study aims to find out and analyze the regulation of mechanisms for resolving public information disputes based on legislation and regulations No. 2 of 2011. This research is a normative study. The research method is carried out through a problem approach which is a regulatory approach and a conceptual approach. Legal materials that have been collected were analyzed using descriptive qualitative analysis. The results of this study are that the resolution of public information disputes in Indonesia can be done through 2 (two) stages, namely through the Information Commission and through the Court. Public information dispute resolution through the Central / City / Regency Information Commission is conducted if the superior response of the Information Management Officer and Documentation does not satisfy the Public Information Applicant. While the resolution of public information disputes through the court can be done if the Public Information Applicant does not receive or is dissatisfied with the Information Commission Decision. If the objection is submitted to the District Court, the District Court has the authority to adjudicate disputes submitted by Public Agencies other than State Public Agencies and / or Information Applicants requesting information from Public Agencies other than State Public Agencies, while the Administrative Courts have the authority to adjudicate disputes that submitted by the State Public Agency and / or the Information Applicant requesting information from the State Public Agency. In terms of the mechanism for resolving Public Information disputes in the Court based on the Supreme Court Regulation No. 2 of 2011 concerning Procedures for Settling Public Information Disputes in Courts, namely Parties can submit objections in writing to either the District Court or the State Administrative Court. What determines the path used is the status of who is sued? If the defendant is a State Public Agency, the route is through the Administrative Court, on the contrary if the defendant of the non-state Public Agency used is the General Court.

Keywords: settlement, disputes, public information

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Satriawan Dharma Bakti, Amirrudin

Abstract:

This research is done to assess and analyze the effect of loss. Making state finances, and analyzing criminal liability. This research is normative law with three kinds of approaches namely statutory approach, the conceptual approach and the approach of cases. Its influence on the country’s financial indemnification imprisonment, restitution and criminal liability clause 4, 3, and 18 (1), (2), (3). Suggestion of composer in order the judge more carefully in analyzing the case or the problem. The conclusion in returning the fines money it has no influence to the fines money except it’s influenced to the changed money, prison and fines.

Keywords: effect, fines, prison

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Damianus Adar, Arief Daryanto, Kuntjoro, and Nunung Kusnadi

Abstract:

This paper investigates farm level technical efficiency differences of production and its determinants in a sample of 360 high- and low-land mandarin keprok SoE producing farms in 12 villages in six sub districts of South Central Timor district in west Timor, Indonesia. This study used a Translog functional form using technical inefficiency effect model of stochastic production function approach, simultaneously applied to cross section data. Results indicate that, overall, technical efficiency of production in the samples of mandarin keprok SoE producing farms investigated in both zones ranges from a minimum of 17% to a maximum of 92% with an average technical efficiency estimate of 66%. This suggests that mandarin keprok SoE farmers may increase their production by as much as 34% through more efficient use of production inputs. In addition, mean technical efficiency in the highland area, 67%, is greater than lowland area, 61%. Farm size of < 1 ha indicates lower technical efficiency level than bigger farm size of ≥ 1 ha, both in high- and low-land producing farms. Furthermore, overall, estimated coefficients in the technical inefficiency model indicate positive effect on the technical efficiency of experience, farmer age, selling method and the farmer group. While education, contacted with agricultural field officers and other sources of income give a negative effects on technical efficiency. All determinants of efficiency level in highland producing farms give positive effects, except for education factor.

Keywords: Technical efficiency, stochastic frontier production function, mandarin keprok SoE producing farms, high- and low-land areas, West Timor

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Suratan Takdir, L. Parman, and L. Sabardi

Abstract:

This study aims to determine and analyze the effectiveness of the application of customary criminal law in North Lombok Regency and what factors influence the effectiveness of the application of customary criminal law in North Lombok Regency. The results showed that materially and indirectly the Law of Indigenous Peoples’ Penal Code of North Lombok Regency had been applied and stated in written regulations namely legislation seen from Emergency Law Number 1 of 1951. However, formally the North Lombok District’s customary criminal law had not been regulated in a rule the standard, where the procedure of the procedure has not been regulated in Indonesian positive law and is formally not recognized or not regulated in the Indonesian Criminal Procedure Code namely Law Number 8 of 1981. Factors that influence the effectiveness of the application of customary criminal law in the Regency North Lombok is influenced by Legal Factors and Non-Legal Factors.

Keywords: effectiveness, law, indigenous crime

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Ainun Arifin, L. Parman, and Umaiyah

Abstract:

In murder cases, law enforcement officers need a clear data or information about the cause of injury, if it is after a criminal act, the extent and depth of injury or causes of death for a person is required by Visum et Repertum from an expert in proving a crime. By using the normative research method, it is concluded that Visum et Repertum is only included in one of the five valid evidence set out in Article: 184 paragraph (1) of the Criminal Procedure Code, namely as a “letter” proof, but Visum et Repertum if we are connected with Article 1 from Stb. 1937 No. 350 can also be considered an “Expert Information”, which is also one of the legitimate evidences according to Article 184 of the Criminal Procedure Code. Medical personnel other than forensic doctors have the authority to make post mortem studies for the good and for the sake of the law and uphold the law as fairly as possible. The strength of the evidence of the post mortem et repertum is that it is a perfect proof of what is included in it, so the conclusions / opinions of the doctors put forward in it must be believed as long as there is no other debilitating evidence.

Keywords:  Visum et Repertum, judiciary, forensic doctor

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Abdul Azis Andy Ns, Hirsanudin, and L. Wira Pria Suhartana

Abstract:

This study aims to analyze legal protection for customers against PT. The conventional NTB Bank became PT. Bank NTB Sharia and to know the legal consequences of the conversion of PT. NTB Bank which was originally conventional became Sharia.

The type of research in this study is normative legal research by reviewing primary legal materials, secondary legal materials using the Legislative approach and conceptual approach. The research technique uses library research by searching for and collecting literature related to research, legal sources derived from legislation, legislation, research results, legal journals, scientific articles, legal dictionaries and legal papers related to this research. Analysis of legal material by collecting all the material obtained is then described and evaluated using the method of interpretation so that by reviewing the rule of law or a law there will be found a legal review and analysis of what is being studied.

The results showed that for customers as one of the parties in an agreement in an agreement, we can analyze that the protection of the intended customer has been protected by his rights and interests, but it is still less because he tends to not get the maximum explanation related to the conversion agreement after conversion of PT. Bank NTB. In addition, it is certain that Islamic banks which are the result of the conversion of conventional banks currently tend to adopt conventional banking products, which are endowed with limited product variations.

For Conventional Banks that will make changes to business activities into Sharia Banks, they must: adjust the Articles of Association; fulfill Capital requirements; adjust the requirements of the Board of Directors and the Board of Commissioners; establish a Sharia Supervisory Board (DPS); and presenting the initial financial statements as a Sharia Bank and the provisions of other applicable laws and regulations, namely Law Number 40 of 2007.

Keywords:  conversion, Bank NTB Conversion, Bank NTB Shariah

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