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11 result(s) for "Suhartono, Slamet"
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Reconstruction of Council Arrangements in Law Number 17 of 2023 on Health by the Principle of Independence
The right to health is a Human Right (HAM) as stated in Article 25 of the Universal Declaration of Human Rights. This right shows the importance of a good health system, which can only be realized if regulations are implemented properly. Law Number 17 of 2023 concerning Health (Health Law) affirms the right of every individual to receive health protection, as well as the state's obligation to guarantee the right to a healthy life for its citizens. The Health Law regulates the principles of ethics and professionalism, which are the basis for health services by medical personnel. Reconstruction of the council's independence arrangements based on the principle of Independence includes arrangements regarding the independence of the Council's Organizational Structure; determining the requirements for Council Members who are Free from External Intervention, consisting of elements of civil society, academics, professionals, and health law experts; regulation of Permanent Term of Office; separation of Supervisory Functions by professional organizations, and Guidance by the Council, and Competency Development by Educational Institutions; strengthening of Sanctions and Discipline Enforcement; accountability and Transparency of Council Performance; limitation of the Role of Government and the authority to determine the Code of Ethics and Professional Discipline
Regulation of Political Party Financial Assistance Examination by Different Auditors
The concept of democracy was first practiced in Ancient Greece, especially in the city state of Athens in the 5th century B.C. At that time, in Greece small cities were formed called city states and each of these city states had what Jean Bodin called superanus, which then the concept of superanis became the concept soverign and was reduced back to soverenity, and which in Indonesian means sovereignty. This research is a normative legal research. To maintain transparency in the use of these finances, the use of financial assistance must be accounted for, and for finances sourced from government assistance through the State Budget (APBN) must be audited by the Supreme Audit Agency (BPK), because government financial assistance is related to finances from the state through the APBN
Urgency of Banning Botor Buyang in Kwangkai Traditional Ceremony of Dayak Tunjung Bernuaq Customary Community Kutai Kartaegara East Kalimantan
One of the indigenous communities that still maintains its traditions and cultural values is the Dayak Tunjung Benuaq tribe, located in Kutai Kartanegara Regency, East Kalimantan. One of the customary values that still applies and is maintained in this indigenous community is a ceremony known as the Kwangkai Traditional Ceremony, which is held routinely every year. The Kwangkai traditional ceremony is a traditional ceremony, one of which is to preserve the customary values and culture of the Dayak Tunjung Benuaq tribe. The Kwangkai traditional ceremony is actually a sacred ritual that aims to maintain the cultural values of the Dayak Tunjung Benuaq indigenous community. Botor Buyang is a game activity carried out during the Kwangkai traditional ceremony in the indigenous tribe as a sacred ritual to honor the ancestral spirits of the Tunjung Benuaq indigenous people, Kutaikartanegara, East Kalimantan. Initially, Botor buyang was considered an inseparable part of the Kwangkai traditional ceremony. However, because Botor Buyang contains elements of gambling, namely there is an element of luck, Botor Buyang is considered gambling. Therefore, Botor Buyang must be prohibited because it harms the sacred values of the indigenous people and is not in accordance with the values of community life. To carry out this prohibition, a Regional Regulation must be formed on traditional activities, including the Kwangkai traditional ceremony by including a prohibition on gambling in any form, so that the police and other law enforcers have a legal basis in prohibiting and prosecuting perpetrators of gambling in the traditional ceremony.
Asymmetrical Construction of Regional Head Elections in Indonesia
As stated by Sri Soemantri, the existence of the delegation of authority from the Central Government to autonomous regions is not because it is stipulated in the constitution, but because the issue is the essence of a unitary state, namely. \"In order to maintain the unity and integrity of the state, this is one of the reasons for the central government to always dominate the implementation of government affairs by setting aside the role and rights of regional governments to be directly and independently involved in managing and fighting for the interests of their regions.” This research is a qualitative research through a normative legal approach. The construction of Article 18 paragraph (4) in 1945 Constitution of Republic Indonesia which contains the phrase \"democratically elected\" in this case provides space for each region to implement regional elections that are in accordance with regional conditions and needs.
Reclamation and Post-Mining as an Obligation of Mining Business Actors to Protect the Community
Coal is a natural resource contained in the earth, and is controlled by the state for the greatest prosperity of all Indonesian people. State control over coal is stated in Article 33 paragraph (3) of the 1945 Constitution of the Republic Indonesia. Coal is a mining excavation that has great potential in contributing to state foreign exchange, and has an important meaning in improving the welfare of the community. Coal is a non-renewable natural resource, so its management must be based on the principle of caution, transparency and consideration of economic interests and the preservation of environmental functions in accordance with its designation. To realize this principle, mining management must be equipped with a mining business permit, which is attached to the obligation for mining business actors to carry out reclamation and post-mining as an effort to maintain environmental functions in accordance with its designation, and at the same time protect the community from the dangers of former mining excavations.
State Relationship with Private Legal Entities on Oil and Natural Gas Management in Indonesia
Indonesia has Undang-Undang Dasar Negara Republik Indonesia 1945 (UUD NRI 1945), Chapter 33 (3) UUD NRI 1945 give a mandate to the state that is equipped with the right to control the state as an instrument to achieve one of the highest goals of establishment Negara Kesatuan Republik Indonesia (NKRI), that is: promote the general welfare. The state represented by BP Oil and gas and then SKK Oil and gas, is in an unequal position with private legal entities in the upstream oil and gas business. The concept of the relationship between the state and private legal entities in the management of oil and gas is deemed by the MK to be inappropriate or contrary to the meaning Chapter 33 (3) UUD NRI 1945, which causes the lack of realization of oil and gas management for the greatest prosperity of the people. Management of oil and gas resources that are not in line or contrary to meaning Chapter 33 (3) UUD NRI 1945 can cause the goal of the greatest prosperity of the people not to be achieved. In the management so far, it is difficult to realize the nature of the constitutional management of oil and gas resources, this occurs because the Government of Indonesia as the representative of the state is apparently unable to maintain state sovereignty and adequate state control rights in the presence of foreign contractors involved in the management of oil and natural gas resources. through cooperation contracts due to ignoring priorities to government agencies such as independent BUMN. BUMN must dominate the management of oil and gas as strategic natural wealth in Indonesia, so that state sovereignty and the right to control the state can be used for the greatest prosperity of the people without third party intervention.
The Existence of Tax Court in Indonesia Judicial System
Tax Court was organized based on Act No. 14/2002 as the implementation of judicature power authorized to solve taxation lawsuits. The existence of Tax Court, following the explanation of Article 27 subsection (1) of Act No. 48/2009, is a specific court under Administrative Court as the accused subject (subjectum litis) is government, and the accusing subject is civil people. In addition, the accused object (objectum litis) is the government's judgment (beschiking) on taxes that disadvantages the civil people. The existence of Tax Court in Act No. 14/2002 does not reflect the independence and impartiality of judiciary organizations due to the authority of the Minister of Finance to provide organizational, administration, and financial counseling, and thus it is considered that Tax Court does not correspond to Article 24 subsection (1) of the Constitution 1945 requiring that 'the judicature power is independent'. Therefore, the systematization of Tax Court based on Act No. 24/2002 is nonconstitutional.
The Existence of Tax Court in Indonesia Judicial System
Tax Court was organized based on Act No. 14/2002 as the implementation of judicature power authorized to solve taxation lawsuits. The existence of Tax Court, following the explanation of Article 27 subsection (1) of Act No. 48/2009, is a specific court under Administrative Court as the accused subject (subjectum litis) is government, and the accusing subject is civil people. In addition, the accused object (objectum litis) is the government’s judgment (beschiking) on taxes that disadvantages the civil people. The existence of Tax Court in Act No. 14/2002 does not reflect the independence and impartiality of judiciary organizations due to the authority of the Minister of Finance to provide organizational, administration, and financial counseling, and thus it is considered that Tax Court does not correspond to Article 24 subsection (1) of the Constitution 1945 requiring that ‘the judicature power is independent’. Therefore, the systematization of Tax Court based on Act No. 24/2002 is non-constitutional.
The Existence of Tax Court in Indonesia Judicial System
Tax Court was organized based on Act No. 14/2002 as the implementation of judicature power authorized to solve taxation lawsuits. The existence of Tax Court, following the explanation of Article 27 subsection (1) of Act No. 48/2009, is a specific court under Administrative Court as the accused subject (subjectum litis) is government, and the accusing subject is civil people. In addition, the accused object (objectum litis) is the government’s judgment (beschiking) on taxes that disadvantages the civil people. The existence of Tax Court in Act No. 14/2002 does not reflect the independence and impartiality of judiciary organizations due to the authority of the Minister of Finance to provide organizational, administration, and financial counseling, and thus it is considered that Tax Court does not correspond to Article 24 subsection (1) of the Constitution 1945 requiring that ‘the judicature power is independent’. Therefore, the systematization of Tax Court based on Act No. 24/2002 is non constitutional.
The Urgence Of Expert Witness Certification In Criminal Cases
This research is a normative legal research. Expert witnesses are needed in the trial process to provide clarity regarding the evidence presented in the trial process. For this reason, every person who will provide testimony as an expert witness in a trial must have a certificate of expertise as an expert witness, which is given by the Supreme Court or an official institution that obtains permission from the Supreme Court. The goal is that the information given at the trial can be justified legally and morally. Mistakes in providing information in court can be detrimental to the parties in litigation.