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INDONESIA
JOURNAL OF LAW AND GOVERMENT SCIENCE
Published by Universitas Ubudiyah Indonesia
ISSN : -     EISSN : -     DOI : -
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Journal of Law and Government Science (JLGS) is publishing the manuscript of outcome study, and conceptual ideas which specific in the sector of Law science. We are interested in topics which relate generally to Law issues in Indonesia and around the world.
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Articles 26 Documents
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SHARI’AH ORIENTED PUBLIC POLICY ON ACEH EXPENDITURE AND DEVELOPMENT Masthur Yahya; Muhammad Dayyan
JOURNAL OF LAW AND GOVERNMENT SCIENCE Vol 1, No 1 (2015): April 2015
Publisher : Universitas Ubudiyah Indonesia

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Abstract

This paper examines Aceh public expenditure policy in economic development especially in the area of an improvement in the living conditions of the majority of a nation’s citizens- not only in their physical well-being but also improvements in such aspects as their spiritual life, general happiness, right to be free, and the right and ability to enjoy the beauties of nature. We argue based on shari’ah oriented that public expenditure accelerates economic development by giving priorities to preserve the necessary interest that are preserved ad-dien (religion), an-nafs (life or self), al-‘aqal (intellect), an-nasb (family or progeny) and al-maal (property or wealth), the government will create a healthy conditions or environment for economic activities to achieve Islamic development goals in Aceh Province. Keyword: Public Expenditure, Shari’ah Oriented Public Policy
ARTICLE OF RELEVANCE ANALYSIS BETWEEN PILLARS OF ISLAM AND PANCASILA Siti Habiba
JOURNAL OF LAW AND GOVERNMENT SCIENCE Vol 1, No 1 (2015): April 2015
Publisher : Universitas Ubudiyah Indonesia

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Pillars of Islam which consists of five underlying joint realization of a Muslim man to have a close connection with Pancasila, which also consists of five precepts underlying the realization of the ideal of human Indonesia. The first pillar of Islam is to say the shahadah. Testify that there is no god but Allah and Muhammad is the messenger of God. The first principle of Pancasila is the belief in one God. Indonesian Man is a man who has faith in God, and that God is worshiped, it is only one, there is no god but Allah. The second pillar of Islam is establish prayer. Second principle of Pancasila is just and civilized humanity. This means that the Indonesian people are treated fairly under the law. Prayer is a command that must be implemented by all Muslims who have legal age and understanding indiscriminately. The third pillar of Islam is zakat. Third principle of Pancasila is the unity of Indonesia. Unite the nation, unites many human means, unites hundreds of millions of people is not an easy thing, it first must unite hearts. Zakat paid by the rich to the poor will unite two hearts, the hearts of the rich and the poor heart. One key to unity is the realization of one heart. One heart embodies one word and one action that will ultimately give birth togetherness, unity and strength.  The fourth pillar of Islam is fasting. Fourth principle of Pancasila is populist, led by wisdom, wisdom in deliberation representation. In deciding the nation's problems should be discussed and decided wisely. Fasting person can abstinence and provide a fair and wise decision. The fifth pillar of Islam is the pilgrimage if it is capable of. Five precepts are social justice for all  Indonesian people. The more Muslims who went to the House, it means social justice for all Indonesian people will increasingly become apparent.Keywords: Pillars of Islam, Pancasila, Indonesia, Muslim, God
THE MISUSED OF LETTER OF CREDIT IN ACCORDING WITH UCP-500 PRACTICE IN THE PROCESS OF DOCUMENTS IN BANKING AND CUSTOMS PERSPECTIVE Jummaidi Saputra
JOURNAL OF LAW AND GOVERNMENT SCIENCE Vol 1, No 1 (2015): April 2015
Publisher : Universitas Ubudiyah Indonesia

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In the trade transaction which are  done either individually or inter-State / bilaterally and in multilateral, guaranteeing is a must to do. Guaranteeing the transaction can be facilitated through  a sale contract (purchase agreement). If this is undertaken, for the realizations, it is implemented in the a form of trade relation in order to get an opinion of the guarantee from the two sides of both seller (exporter) and the buyer (importer) to do an agreement by issuing a relationship between Banks which is called the issuing of credit letter of credit  L / C). It aims to ensure the payment transaction and delivery of goods. The arrangements of Guaranteeing of a transaction must conform to the provisions of the Law as well as the international trade system.  Irregularities and misuse of the L / C will have to be resolved by law and applicable regulation. In the case of misused of L / C at Bank BNI-46 Jakarta, should be resolved according to the law,  alleged parties should face a clear sanction. A wrong procedure which presents  filed documents as if it is true was undertaken, disregard the fact  that case was an absolute crime which must be punished severely in order to create a deterrent effect for these wrongdoers.Keywords : Letter of Credit, UCP-500 Practice, Banking, Customs
THE CHALLENGES WOMAN POLITICIANS IN INDONESIA (REPRESENTATION MEGAWATI SOEKARNOPUTRI AND PUAN MAHARANI IN MEDIA) Netty Dyah Kurniasari
JOURNAL OF LAW AND GOVERNMENT SCIENCE Vol 1, No 1 (2015): April 2015
Publisher : Universitas Ubudiyah Indonesia

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According Braden , journalists ' frequently asked questions women politicians that they do not ask male politicians " and describes them ( women politicians ) " the manner and words that emphasize the traditional role of women and more focused on the appearance and behavior " .Women candidates and women leaders described and denigrated by the media by using " gender -specific terms " .Research about the image of women politicians in the media has a lot to do but the majority of the research taking foreign context . The focus of this research is about the portrayal of women politicians in the media . More specifically the depiction of the Chairperson Strunggle-Indonesia Democratic  Party (PDI-P) Megawati and Puan Maharani.Both  of them a leader and party officials in Indonesia .Kompas Online ( website Kompas.Com ) defined as research subjects because it is known that the media gives attention to gender issues and gender equalitySubject this research is  Kompas as national newspapaer in Indonesia. Research method to be used is a qualitative textual analysis. Through this method made the search for implicit and ideological meaning behind the text and written transcripts.The results shows that Woman are Forbidden (‘Haram’) Being Leader, Women`s Ability is  Doubtful ; Women More Prone to  Campaign Feminine Issue; Women politicians Under the Shadow Men; Female Age Being  Problem; Women As Unifying , Adhesives and Harmony Keeper and Women is  EmotionalKeywords:  woman politicians, media, construction of reality, representation
ATTITUDES AND PERCEPTIONS OF RELATIONSHIPS WITH COMMITMENT DEPOK CITY COUNCIL MEMBERS ABOUT THE PROTECTION AND FULFILLMENT OF CHILDREN'S RIGHTS Deni Agnes Darmawati; Zarfiel Tafal
JOURNAL OF LAW AND GOVERNMENT SCIENCE Vol 1, No 1 (2015): April 2015
Publisher : Universitas Ubudiyah Indonesia

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Depok city became a stopover town and has various problems such as street children’s, dropouts and don’t have local regulations concerning the protection of children. Efforts to improve the protection of children in need of care and commitment Depok City Council members to make or submit a local regulation draft in Depok.Methods: This study aims to determine the factors related commitments Depok City Council members about the protection and fulfillment of children's rights. The research was conducted in Depok City Council for 3 months with 30 respondents Depok city parliament. Quantitative research that uses non-experimental design, the data obtained by cross sectional. Statistical tests were performed chi square to see the relationship between two variables.Results: According to the result of statistical analysis, there is significance correlation between attitudes and perceptions of Depok City Council members about the protection and fulfillment of children's rights (p value = 0.002 and OR = 16 875). There is a significance correlation between perception and commitment to the protection and fulfillment of children's rights (p Value = 0.002 and OR = 28)Conclusion: Lack of commitment Depok city parliament characterized by negative attitudes and less perceptions. So we need communication, information, education and advocacy intensively on the protection and fulfillment of children's rights.Key Words: Children’s rights, parliament
APPLYING INTERNATIONAL HUMANITARIAN LAW PRINCIPLES IN THE CYBER WARFARE CONTEXT (INDONESIAN PERSPECTIVES) Anang Setiyawan
JOURNAL OF LAW AND GOVERNMENT SCIENCE Vol 1, No 1 (2015): April 2015
Publisher : Universitas Ubudiyah Indonesia

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State military strategy and weaponry may reflect the economic, political and describes the mastery and the capability of technology. Technologies turn the conventional war paradigm that is kinetic and located in physics domain towards modern warfare using non kinetic weapon and located in fifth domain, namely cyberspace. This war techniques and methods is emphasized to attack through computer network with particular political intent or national security of a state with the aim of causing damage, chaos, death, undermine and disrupt the defense system, transportation system, telecommunication system, banking system and other state’s vital assets systematically without crossing the state boundaries.In the conventional warfare is relatively easy to implement the International Humanitarian Law Principle but there are some constraints in the implementation these principles in cyber warfare, such as the nature of anonymity, military and civilian infrastructures network interconnection, lack of international and national regulation on cyber warfare/cyber attack so that countries unilaterally interpret the rules of war in the cyber domain. These problems led to much debate over whether cyber warfare are in the scope of IHL or not due to non-kinetic cyber attack therefore it cannot be considered as an armed conflict in the truest sense. This determination is very important because it is associated with the implementation of the basic provisions of IHL during armed conflict, such as the protection to the non-combatant, civilian, and civilian objects, etc.Several developed countries stated cyberspace as their new warfare domain and has been developing cyber units to equip their military forces both to conduct cyber and defend against cyber attack in cyberspace. Eugene Kaspersky stated that global cyber war will be more dangerous and increasing. The attacks carried out will be more systematic and sophisticated than before. Indonesia with 82 million Internet users should pay more attention to this issue because in last three year Ministry of ICT state that 3,9 Millions cyber attacks against Indonesia's domain. we can imagine if this attack carried out on vital infrastructure such as mass transportation, banking systems, defense systems, air traffic control systems, or civil nuclear power plants will not only cause malfunctions, but has the potential to cause physical damage, injury even civilian death.Therefore, in 2013 the Indonesian government began to develop a cyber defense system to counter cyber attacks that could interfere with the sovereignty, defense and national interests of Indonesia. Director General of the Indonesian Ministry of Defense said that regulatory and presence of cyber command center are important factors that must be considered in order to run well. Based on the above description, the authors are interested in developing the rules concept of cyber warfare based on IHL principles and integrate with military force in order to maintain the sovereignty of Indonesia in the real and cyber domains.Keywords: cyberwar, international humanitarian law, Indonesia, policy, strategy
EVALUATION OF THE TEXT HEALTH WARNING EFFECTIVENESS ON CIGARETTE’S PACKAGING IN INDONESIA Sri Widati
JOURNAL OF LAW AND GOVERNMENT SCIENCE Vol 1, No 1 (2015): April 2015
Publisher : Universitas Ubudiyah Indonesia

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Smoking prevalence in the low income family is higher than the richest. In Indonesia, amount 63% from 19 million low income families  are a smoker. If they smoke 10 pieces of cigarette everyday, so they spare  Rp 23 billion every year for cigarette expenditure. They still smoke, although there is text health warning on the packaging of cigarette. The text on the cigarrette’s packaging mention that “Cigarettes causing cancer, hypertension, heart attack, impotence, harms baby and pregnancy”. The purpose of this study is to know the effectiveness of text health warning on the cigarette’s packaging. This study is descriptive research using qualitative method. To identify the characteristic of low income family,  smoking behavior, awareness, knowledge, and liking were by structured questionnaire’s interviews. To know what they want about health warning on the cigarette’s packaging was by questionnaires and in dept interview. There were 400 informants. This study did in Surabaya City of Indonesia. The result showed: 1) informant recognized  cigarettes impact from the text health warning on the cigarettes’ packaging. Although they knew the cigarettes’ impact, but they can’t mention the text health warning completely and truly. 2) The text health warning can’t promote the informant’s knowledge about  cigarettes substances and cigarettes impact. 3) Almost all of the informant have no fear feeling while reading the text health warning on the cigarettes’ packaging. It can be concluded that the text health warning on the cigarettes’ packaging do not effectively to promote knowledge and preventive behavior yet. They suggest to use the pictorial health warning to prevent the low income people to not smoking.Keywords: smoking, cigarette, low income family, packaging
CONSTRUCTION OF NATIONALISM ON PAPUAN COLLEGE STUDENT IN SURABAYA IN MULTICUTURALISM PERSPECTIVE Darsono Darsono
JOURNAL OF LAW AND GOVERNMENT SCIENCE Vol 1, No 1 (2015): April 2015
Publisher : Universitas Ubudiyah Indonesia

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This research is motivated by the upsurge of inter-ethnic tensions in Indonesia relations, the demands of ethnic independence, double nationalism of Papuans, and various activities of Papuan college students who come into contact with leading political and cultural demands for independence. The focuses of myresearch is (1) essential-primordial elements are constructed, (2) the factors that influence the development of Papuan nationalism construction, (3) the construction process Papuan nationalism, and (4) the meaning of nationalism Papua on Papuan college students in Surabaya in the perspective of multiculturalism.To examine these focuses, Iused the theory of constructive nationalism multiculturalism perspective. Following theorists of nationalism constructive thoughts Hobsbawm (1990) with "invented tradition", Anderson (1983) "imagined political community", Gellner (1983; 1987; 1994) "fabrication as true community", and Kedourie (1993) "nationalism as a movement "social entities and social identity as a people (nation) is something that is constructed. These theories used in the perspective of multiculturalism Parekh (2000) that promote cross-cultural dialogue on the basis of cultural diversity, that coexistence is not only principled, but pro-existence. Structuralism theory by de Saussure and post-structural of Barthes and deconstruction of Derrida, and as well as post-colonial Orientalism of  Said (1978) was also used.  As a form of qualitative research with the social definition paradigm, this research uses ethnographic approach (Fetterman, 2010) with the emic-ethic perspective. By taking location in Surabaya, data were collected from 35college students from Papua with observation techniques, in-depth interviews either directly, by phone, or e-mail, focus of group discussion (FGD), and surf the internet, the blogs, facebooks, and twitter are related to their activity.The resulting findings can be summarized as follows. Consciousness as a nation and a stronger Papuan nationalism is constructed on the essential elements of the primordial. This construction is influenced by various factors, namely awareness of students as agents of change, colonization by mass transmigration process, the exploitation of natural resources, marginalization of indigenous Papuans, and the violence and human rights violations. Papuan nationalism construction proceeds through the development of Papuan college student organization that later became the pioneer rejection of government programs, international contacts, and demands for independence. Papuan nationalism is as a meaningful cultural reorientation and development of modern Papua.Keywords: Papuan nationalism, multiculturalism,Papuan college students, construction, reorientation of political-cultural, multicultural-nationalism-constructive
KEBERADAAN CALON INDEPENDEN DALAM PEMILUKADA ACEH DAN KAITANNYA DENGAN PUTUSAN MAHKAMAH KONSTITUSI Nurarafah Nurarafah
JOURNAL OF LAW AND GOVERNMENT SCIENCE Vol 4, No 1 (2018): April 2018
Publisher : Universitas Ubudiyah Indonesia

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Proses demokrasi di Indonesia mengalami perubahan besar seiring berjalannya waktu.pemilihan anggota legislatif Pemilihan anggota legislatif yang selama orde baru hanya diikuti oleh tiga partai yang diperbolehkan oleh negara, telah menjadi sistem pemilu dengan multi partai yang dimulai pada pemilu 1999.   Putusan Mahkamah Konstitusi Nomor   5/PUU-V/200723 Juli 2007, disambut dengan penuh semangat oleh para pendukung calon independen. Putusan Mahkamah Konstitusi tersebut membuka peluang bagi Calon Perseorangan untuk maju dalam Pemilihan Kepala Daerah (Pilkada) yang mana Putusan ini lalu dikuatkan dengan keluarnya Undang-Undang Nomor 23 Tahun 2003.Kata kunci : calon independen
PENYELESAIAN PENGALIHAN ASET DAERAH AKIBAT PEMEKARAN DAERAH BERDASARKAN UNDANG-UNDANG NOMOR 23 TAHUN 2014 TENTANG PEMERINTAHAN DAERAH Marlia Sastro
JOURNAL OF LAW AND GOVERNMENT SCIENCE Vol 4, No 2 (2018): Oktober 2018
Publisher : Universitas Ubudiyah Indonesia

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Penyelesaian pengalihan asset daerah akibat pemekaran daerah diatur dalam Undang-Undang Nomor 23 Tahun 2014 tentang Pemerintahan Daerah dan Peraturan Pemerintah Nomor 27 Tahun 2014 tentang Pengelolaan Barang Milik Negara/Daerah, penyelesaian dapat diselesikan melalui dua cara yakni jalur non litigasi dan jalur litigasi. Melalui jalur non litigasi daerah-daerah otonom dapat memilih cara penyelesaian di luar pengadilan seperti negosiasi, mediasi dan arbitrase yang diwakili oleh Bupati/Walikota terhadap asset yang bersumber dari APBD Kabupaten/Kota. Untuk asset daerah yang bersumber dari APBD Provinsi maka Gubernur dapat menjadi mediator  antara daerah induk dengan daerah baru. Sedangkan asset yag bersumber dari APBN maka Menteri Dalam Negeri menjadi mediator bagi penyelesaian asset antar daerah.  Penyelesaian melalui jalur litigasi dilakukan oleh Mahkamah Agung terkait yudisial revieuw terkait aturan pengalihan asset daerah dan Mahkamah Konstitusi penyelesaian terkait   pengujian undang-undang  terhadap Undang-Undang Dasar.Kata Kunci: Penyelesaian, Aset Daerah, Pemekaran Daerah

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