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Journal articles on the topic 'Regulations'
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1
Raeburn, Paul. "A Regulation on Regulations." Scientific American 295, no. 1 (July 2006): 18–20. http://dx.doi.org/10.1038/scientificamerican0706-18.
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Behan, Laura, Carol Grogan, and Laura M. Keyes. "The impact of regulation on the quality of care in nursing homes in Ireland: a time-series analysis of change in compliance." HRB Open Research 7 (April 24, 2024): 23. http://dx.doi.org/10.12688/hrbopenres.13821.1.
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Background Quality in health and social care is of paramount importance. Regulation is often used for ensuring or promoting quality in care services. Services are typically regulated by independent public authorities, which monitor services for compliance with regulations. There is limited research, however, on services’ compliance with regulations to provide a high quality of care. This study aims to examine nursing home compliance with regulations relating to quality. Methods Secondary legislation used for regulating nursing homes in Ireland was mapped to the Donabedian’s quality framework with each regulation categorised as either “structure”, “process” or “outcome”. The regulations categorised as “outcome” were determined to be quality-related regulations; such regulations were extracted and became this study’s area of focus. Published inspection reports from the regulator in Ireland for a three year period (2019 to 2021) (n=1,153) were assessed. The frequency with which the “outcome regulations” were inspected in nursing homes, and the proportion of compliance achieved, was calculated. Change in compliance levels across the three years was evaluated using Chi2 tests. Results Ten regulations were categorised as “outcome regulations” and addressed the following areas: positive behaviour; protection; residents' rights; communication; visits; personal possessions; food and nutrition; information for residents; medicines and pharmaceutical services; and complaints procedures. Compliance with two regulations (‘Regulation 9: Residents’ rights’ and ‘Regulation 11: Visits’) significantly improved during the three years (p<0.05). Compliance with ‘Regulation 12: Personal Possessions’ significantly decreased over the three years, however, so did the proportion found not compliant. While there was no significant change in the other regulations examined, compliance trended towards improvement, except for one regulation, ‘Regulation 20: Information for residents’, which trended downwards. Conclusion This analysis of national-level data found improvements in compliance across nearly all quality-related regulations demonstrating that regulation can be a positive influence on quality maintenance and improvement.
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Agustiwi, Asri, Isharyanto, and Hartiwiningsih. "Local Regulation Cancellation Mechanism and its Legal Consequence based on Lex Superiori Deregot Legi Inferiori Principle in Economy." SHS Web of Conferences 54 (2018): 01005. http://dx.doi.org/10.1051/shsconf/20185401005.
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This article addressed the local regulation cancelling mechanism and its legal consequence based on lex superiori derogat legi inferiori principle. The authorization of local area has contributed positively and negatively. Per June 2016, there have been 3,143 regulations voided or revised by Government including Local Government, Interior Ministry, and Governor: 111 Interior Minister’s decrees and 1,267 Local Regulations or Local Leader Regulations at Regency/City level. This figure consisted of 1,765 Local Regulations or Local Leader Regulations at Regency/City level: 111 Interior Minister’s Regulation or Decree and 1,267 Local Regulations or Local Leader Regulations at Regency/City level. The research method is normative juridical method involving document and regulations which related with the local regulation cancellation mechanism. Those data are sharpen with normative descriptive qualitative analysis. The result of research showed that legislator and drafter could not formulate a provision of Local Regulation freely but it should consider the higher legislations such as 1945 Constitution (thereafter called UUD 1945), Law, Government Regulation, and Presidential Regulation, and Local Regulation Cancellation can be made if the regulation disrupts concord between members of community, access to public service, public orderliness and composure, and economic activity to improve the people’s wellbeing, and or results in discrimination against ethnic, religion and belief, race, inter-group, and gender.
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Sirajuddin, Sirajuddin, and Fatkhurohman Fatkhurohman. "Penataan Peraturan Desa dalam Sistem Peraturan Perundang-undangan." Legal Spirit 8, no. 2 (August 1, 2024): 497–510. http://dx.doi.org/10.31328/ls.v8i2.6326.
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Villages have actually been existing before the Republic of Indonesia was established, but in the journey of this Republic of Indonesia, they are often intentionally designed by the law-forming state elite. One of the main causes for the presence of the various portraits of the marginalization is the absence of respect, protection and the fulfillment of village community autonomy in our Constitution that has been amended 4 (four) times. This directly implies on the obscurity of the existence and position of village regulation and legal products in executing village authority and autonomy. The present research is aimed at (1) explaining the existence and position of village regulation in various legal products arranging the hierarchy of regulations; (2) finding a design of the setting of existence and position of village regulation in the hierarchy of the regulations based on the recognition and subsidiary principles in the village community autonomy. A normative juridical with an analytic descriptive specification based on the legal history and statutory approach. The result shows that the existence of village regulations will be recognized and they will possess a binding power if they are formed on the basis of the instruction of the higher regulation or authority. The village regulations, however, are made to reinforce and guard the subsidiarity and recognition principles-based village autonomy. In order to arrange the existence and the position of village regulations in the system of regulation, further changes of the Constitution have to accommodate the arrangement of village community autonomy. The existence and position of village regulatios should be strengthened in the statutory system in order to guard and reinforce village autonomy so that villages become autonomous and may maintain their local wisdom, economic and ecological sustainability, and their local wisdom-based economic growth.
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Fatih, Sholahuddin Al, Muchamad Ali Safaat, Aan Eko Widiarto, Dhia Al Uyun, and Muhammad Nur. "Understanding Delegated Legislation in The Natural Resources Sector." BESTUUR 11, no. 2 (December 19, 2023): 290. http://dx.doi.org/10.20961/bestuur.v11i2.78125.
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<div><table cellspacing="0" cellpadding="0" align="left"><tbody><tr><td align="left" valign="top"><p class="AbstractText">The formation of statutory regulations is based on the authority to form. The formation of delegated regulations can originate from orders or authority. In the P3 Law, it is stated that delegated regulation is not only limited to (or “there is a space for delegated regulations other than “) Government Regulations, Presidential Regulations, and Regional Regulations, so it becomes hyper-regulation. This happens in laws and regulations in the field of natural resource management. This article aims to explain the condition of existing delegated regulation in the field of natural resources and its impact on the use of natural resources. The results of this research show that the position and types of delegated regulation in the field of natural resources are not only in the form of Presidential Regulations, Government Regulations, Ministerial Regulations, and Regional Regulations but also delegated legislation regulated in Article 8 of the P3 Law, which is not small in number The implications of delegated legislation can provide technically detailed implementing regulations down to the lowest level institutions/institutions. However, delegation not explicitly limited by the delegation criteria causes hyper-regulation by the executive agency through its functional authority. Apart from that, it opens space for unsynchronization between the substance of higher regulations and delegated regulations, thereby causing ineffective use of natural resources. This study recommends that changes be made to the Law on the Establishment of Laws and Regulations, especially concerning its hierarchy.</p></td></tr></tbody></table></div>
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Supardin, Zelis Febriani, M. Ilwan, and Kaharudin. "Judicial Review of Government Regulation Number 24 of 2016 Concerning Amendment to Government Regulation Number 37 1998 Concerning Land Deed Official Position Regulations." International Journal of Scientific Research and Management 8, no. 06 (May 29, 2020): 208–19. http://dx.doi.org/10.18535/ijsrm/v8i06.lla01.
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This research is to find out and understand the legal status of the delegation of government regulations to other government regulations and the juridical consequences of Government Regulation Number 24 of 2016 concerning Amendments to Government Regulation Number 37 of 1998 concerning Land Deed Official Position Regulations that are formed not in accordance with statutory regulations. This research is a normative legal research. Normative legal research is legal research that places law as a norm building system. The norm system in question is about the principles, norms, rules, and regulations. Using the legal approach and conceptual approach. The technique of collecting legal materials using document study techniques is then processed by legal materials and analyzed normatively prescriptive using deductive logic. Based on the results of the study it can be concluded that the legal status of the delegation of authority to form government regulations delegated from other government regulations is invalid, because government regulations are formed to carry out the law as it should, not to carry out the provisions of other government regulations. Juridical consequences of Government Regulation Number 24 of 2016 concerning Amendments to Government Regulation Number 37 of 1998 concerning Land Deed Official Position Regulations that are formed not in accordance with statutory regulations are null and void because they cannot provide legal certainty. This is because the formation of these government regulations is not in accordance with the principles of establishing the rules of law stipulated in Law Number 12 of 2011. The impact of this Government Regulation can be revoked because it does not comply with the principles of the formation of laws and regulations.
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Firmansyah, Ade Arif, and Malicia Evendia. "CONVERGENCE DISCUSSIONS FOR THE FORMATION OF POLICY REGULATIONS IN LOCAL LAWS." Kanun Jurnal Ilmu Hukum 24, no. 3 (December 1, 2022): 291–308. http://dx.doi.org/10.24815/kanun.v24i3.27648.
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Policy regulations are needed in the administration of government. As the rule of law country, Indonesia has a consequence of acting based on law. But the summary of the regulation of the formation of policy regulations raises various multi-interpretations in its implementation. This raises problems, including the substance of the material that exists in the policy regulations is contrary to the laws and regulations. This study aims to find the concept of convergence of the formation of policy regulations in local laws. This is doctrinal legal research examining various laws and regulations. The research shows that there is a discourse on the convergence of the formation of policy regulations as part of regional legal provisions in an effort to protect preventive law hence officials of local government in the formation of policy regulations follow rules and guidelines that have been worded in legislations. The convergence of the formation of policy regulations at the regional level is carried out by changing the Regulation of the Minister of Home Affairs Number 80 of 2015 in connection to the Regulation of the Minister of Home Affairs Number 120 of 2018 concerning the Establishment of Regional Laws hence the laws in the form of regulations consist of regulations, Regional Representative Houses’ regulations, and regional policy regulations.
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Huang, Kai, and Jian Wang. "Research on the Impact of Environmental Regulation on Total Factor Energy Effect of Logistics Industry from the Perspective of Green Development." Mathematical Problems in Engineering 2022 (December 8, 2022): 1–17. http://dx.doi.org/10.1155/2022/3793093.
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This study uses the super efficiency DEA model to evaluate the logistics industry’s total factor energy efficiency in various Chinese provinces, autonomous regions, and municipalities, and examines the relationship between environmental regulations and the total factor energy efficiency. The results show that environmental regulations can help improve the logistics industry’s total factor energy efficiency. This study further analyzes the threshold effect of environmental pollution control investment level, quality of labor, and logistics industry development level in environmental regulations on the logistics industry’s total factor energy efficiency. The results showed that the level of investment in environmental pollution control in environmental regulations has a significant single threshold effect on logistics industry’s total factor energy efficiency. The quality of labor has a significant double threshold effect on environmental regulation’s impact on the logistics industry’s total factor energy efficiency. Logistics industry development level has a significant double threshold effect on the impact of environmental regulation on logistics industry’s total factor energy efficiency.
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Sharma, Akash, Vriti Gamta, and Gaurav Luthra. "Understanding Healthcare Regulation in Canada: Strategies for Ensuring Quality and Accessibility." Journal of Pharmaceutical Research International 35, no. 18 (July 9, 2023): 16–26. http://dx.doi.org/10.9734/jpri/2023/v35i187391.
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Healthcare regulation plays a crucial role in ensuring the quality and accessibility of healthcare services in Canada. This article provides an overview of the healthcare regulatory landscape in Canada, focusing on federal and provincial/territorial regulations. The federal level regulations, overseen by Health Canada, encompass drug and medical device regulations, health information privacy and security, and food safety and nutrition regulations. Provincial and territorial regulations, implemented by respective healthcare authorities, address licensing and regulation of healthcare professionals, healthcare facility regulation, and allocation of healthcare resources. The article discusses the importance of health information privacy and security regulations in the digital age and highlights the safeguards and best practices to protect personal health information. By understanding and navigating these healthcare regulations, stakeholders can contribute to a healthcare system that ensures quality and accessibility for all Canadians.
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Kim, Young Jun, Eugenia Y. Lee, and Su Jeong Lee. "Mandatory Disclosure of Derivative Losses: Survey and Assessment." Korean Journal of Financial Studies 52, no. 2 (April 30, 2023): 239–73. http://dx.doi.org/10.26845/kjfs.2023.4.52.2.239.
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The Korea Exchange requires firms listed in the exchange to disclose derivative losses as major events. This study surveys disclosure practices of listed firms to assess the current disclosure regulation. Using hand-collected data on mandatory derivative loss disclosures from 2008 to 2021, we find that most disclosures concern losses from items that are not classified as derivatives under the Financial Investment Services and Capital Markets Act. Such disclosures are unrelated to the objective of the disclosure regulation, which is to inform investors of the riskiness of derivative transactions. This discrepancy in the regulation and practice is caused by the failure to incorporate significant changes in accounting standards to the regulation. This study proposes two regulatory suggestions: either clarify the regulation’s objectives and scope of derivatives under the current regulation, or amend the regulations to expand the scope of derivatives to accounting-based derivatives. This study aims to enhance market participants’ understanding of the disclosure regulations and efficiency of the information environment in the Korean capital market.
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Harianto, Aries. "Does Religious Holiday Allowance Policy during Covid-19 Provide Legal Certainty?" Sriwijaya Law Review 5, no. 1 (January 31, 2021): 86. http://dx.doi.org/10.28946/slrev.vol5.iss1.673.pp86-100.
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The Circular Letter of the Minister of Manpower No. M/6/HI.00.01/V/2020 concerning the Implementation of Religious Holiday Allowance Payment (THR) of 2020 in Companies during Covid-19 Pandemic is a regulation expected to complete THR payment problems in this Pandemic situation. However, normatively, this regulation raises new legal issues. This regulation's provisions contradict the principle of legal certainty because it contradicts the laws and regulations above it. Under the juridical normative type of research, the results of this research found the emergence of legal consequences due to industrial relations disputes for employment relations actors if the agreement on THR Payment is not achieved. This research has also found that the Minister Circular Letter on THR Payment basically contradicted the principle of legal certainty because the status does not belong to the statutory regulations, meaning that it has no force to be applied as statutory regulations do. Based on the Statutory regulation, the minister Circular Letter's legal status only applies to internal institutions which issue and belongs to technical and administrative arrangements. Thus, legal action as research result recommended to the government is revoking the minister's circular letter on THR Payment.
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Chandra, M. Jeffri Arlinandes. "PERATURAN DAERAH ( PERDA ) SYARI’AH DAN PERDA BERNUANSA SYARI’AH DALAM KONTEKS KETATANEGARAAN DI INDONESIA." AL IMARAH : JURNAL PEMERINTAHAN DAN POLITIK ISLAM 3, no. 1 (June 1, 2018): 60. http://dx.doi.org/10.29300/imr.v3i1.2143.
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Abstract: Regional autonomy provides opportunities for each region to make a regional regulation by prioritizing the needs and desires of the people currently needed. Indonesian society is known as its Multicultural so that in determining regional rules it will concern the values, systems, culture, habits, and politics they hold. The existence of multiculturalism has developed a Regional Regulation that reflects its regionalism, for example, based on customs, culture and regional systems, Sharia Regional Regulations in Aceh and Sharia Nuanced Regulations in developing Indonesia. The rise of regional regulations has led to many pros and cons in society and even among politicians. The anti-sharia regulation was launched by the PSI in 3 main party missions. Significant differences between sharia regulations that apply in Aceh with sharia-nuanced local regulations which are mostly born in autonomous regions in Indonesia conclude that whether such regulations are constitutional and whether it is certain that every sharia or sharia-based regional regulation will always be a discriminatory regional regulation and will lead to intolerance for religious people.Keywords: Autonomy, Regional Regulation, Syari'ah.
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Rahmadani, Nesti, Sulastri Caniago, and Roni Efendi. "DISHARMONISASI PERATURAN BUPATI TANAH DATAR NOMOR 10 TAHUN 2021 TENTANG PEDOMAN TEKNIS PERATURAN DI NAGARI DENGAN PERATURAN DAERAH PROVINSI SUMATERA BARAT NOMOR 7 TAHUN 2018 TENTANG NAGARI." JISRAH: Jurnal Integrasi Ilmu Syariah 4, no. 1 (April 29, 2023): 86. http://dx.doi.org/10.31958/jisrah.v4i1.9356.
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This study examines the disharmonization between Tanah Datar Regent Regulation Number 10 of 2021 concerning technical guidelines for regulations in Nagari and West Sumatra Province Regional Regulation Number 7 of 2018 concerning about Nagari. The problem is the Regent regulation does not pay attention to the procedures, order, and hierarchy of laws and regulations, internal factors violate the principle of laws and regulations, namely the principle of “Lex Superior Derogat Legi Inferiori”. The Regent Regulation should guide or adjust to the updated Regional Regulations and display the old regulations. From these problems arise the question of factors causing disharmonization. This research is a field research data obtained through interviews with the legal bureau section of the Tanah Datar Regent office then the data is narrated descriptively. Results are discussed with the theories put forward. This study found that it has violated the rules of blinding laws and regulations, namely the hierarchy of legislation as explained in Law Number 15 of 2019 concerning the Establishment of Laws and Regulations.
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Kaya, Halil D. "The Impact of Regulations on Small Firm Characteristics." Business Ethics and Leadership 5, no. 2 (2021): 66–77. http://dx.doi.org/10.21272/bel.5(2).66-77.2021.
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Regulations are shown to have a significant impact on entrepreneurial activity, especially on startups by smaller firms. Higher compliance costs are shown to deter small firms entering a new industry. In this study, using state-level regulation data in the U.S., we examine whether different types of regulations (including “health and safety regulations”, “employment regulations”, “tax code”, “licensing regulations”, “environmental regulations”, and “zoning regulations”) in each state deter smaller firms to do business in that state. We also examine whether each type of regulation deters firms to do business in certain industries or to operate in more or fewer states. Besides size, operational area, and industry, we also examine whether each type of regulation deters younger firms to do business in each state. Our results show that “health and safety regulations”, “employment regulations”, “tax code”, “licensing regulations”, and “environmental regulations” in a state affect firm size and industry, but do not affect operational area and firm age. In the states with high scores in these areas, there are fewer single-employee firms but more 2-20 employee firms when compared to the other states. Also, in the states with a high score in “environmental regulations”, we find fewer firms with 51 to 100 employees when compared to the other states. On the other hand, “zoning regulations” affect firm age and industry, but not operational area and firm size. In the states with high scores in “zoning regulations”, we find fewer firms that are established less than a year ago. Finally, in the states with high scores in regulations, generally, we find that more firms are in the “Business” industry and fewer firms are in the “Writing” industry. Overall, we show how each type of regulation deter certain types of firms operating in each state. This is important because if a state wants to attract certain types of firms (i.e., younger, or older firms, larger or smaller firms, or firms in certain industries), the officials in that state need to improve the corresponding regulations first.
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Pratama, Juwita Putri, Lita Tyesta ALW, and Sekar Anggun Gading Pinilih. "Eksistensi Kedudukan Peraturan Menteri terhadap Peraturan Daerah dalam Hierarki Peraturan Perundang-Undangan." Jurnal Konstitusi 19, no. 4 (November 30, 2022): 865. http://dx.doi.org/10.31078/jk1947.
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Ministrial Regulations as Legislative Regulations aren’t regulated in their position. This causes hierarchy confusion in the Ministerial Regulation faced with the Regional Regulation. This study aims to determine the hierarchy of regulation of Ministerial Regulations and the legal consequences that arise between it if they are mentioned in the hierarchy. This paper’s method is normative-juridical with descriptive analysis. This paper uses library research and interviews. The data analysis method used is qualitative analysis. The result of this research is that Law Number 12 of 2011 concerning the Establishment of Legislation doesn’t regulate Ministerial Regulations either being part of the hierarchy or from outside the hierarchy. Even so, viewed from the concept of a unitary state, ministerial regulations are part of the central level legislation. When the Ministerial Regulation is put up against the Regional Regulation, this has a number of legal effects.
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Kurniawan, Basuki, and Nita Ryan Purbosari. "The Harmonization of Ministerial Regulations and Non-Ministry Government Institution Regulations in Perspective National Legal System." Proceeding of Annual Conference on Islamic Economy and Law 1, no. 1 (February 24, 2022): 88–101. http://dx.doi.org/10.21107/aciel.v1i1.79.
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The Harmonization of Ministerial Regulations and Regulations of Non-Ministerial Government Institutions is not regulated in detail in Law Number 12 of 2011 concerning the Establishment of Legislations as amended by Law Number 15 of 2019 concerning Amendments to Law Number 12 of 2011 concerning Formation of Legislation. Harmonization of Ministerial Regulations and Regulations of Non-Ministerial Government Institutions is still needed to avoid overlapping and conflicting norms. One way to fill the legal vacuum from the absence of detailed regulations is by issuing the Minister of Law and Human Rights Regulation Number 23 of 2018 concerning the Harmonization of Draft Ministerial Regulations, Draft Regulations of Non-ministerial Government Institutions, or Draft Regulations from Non-structural Institutions by Designers of Legislative Regulations. Minister of Law and Human Rights Regulation Number 23 of 2018 concerning Harmonization of Draft Ministerial Regulations, Draft Regulations of Non-Ministerial Government Institutions, or Draft Regulations from Non-Structural Institutions by Designers of Legislation. However, it is not only the harmonization process that needs attention but the process of forming good laws and regulations starting from planning, drafting, stipulating and enacting regulations must also be applied to Ministerial Regulations and Regulations of Non-Ministerial Government Institutions, so that the position of Ministerial Regulations and Government Institution Regulations Non-Ministry in the National Legal System is really comprehensive and thorough
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Nusanto, Irfan Ardyan. "Analisis terhadap Dualitas Peraturan Menteri dalam Sistem Peraturan Perundang-Undangan di Indonesia." Volksgeist: Jurnal Ilmu Hukum dan Konstitusi 4, no. 1 (June 23, 2021): 53–68. http://dx.doi.org/10.24090/volksgeist.v4i1.4245.
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This article examines the duality of ministerial regulations in Indonesian regulation system based on their making authority sources according to Law No. 12 Year 2011 concerning Regulation Making Rules (UU P3). The approach methods used in this research are conceptual approach and statute approach. This article concludes there are two ministerial regulations which recognized as regulations by UU P3 that should be distinguished. Ministerial regulation which was made by higher regulations order (delegated legislation) could be categorized as an implementing rule (verordnung). Whereas, ministerial regulation which was made based on ministery position authority (inherent aat het bestuur) could be categorized as a beleidsregel, standing as policy rules. Though, the two of them were recognized as regulations, however, they have different design, background and character, thus, their substance, binding power, hierarchy position and review mechanism, were not the same. Therefore, ministerial regulation which was beleidsregel could not be applied as the same as implementing regulation (verordnung).
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Riski, Riski. "KEDUDUKAN PERATURAN MENTERI TERHADAP PEMBENTUKAN PERATURAN DAERAH." JURNAL AKTA YUDISIA 5, no. 2 (April 17, 2021): 118. http://dx.doi.org/10.35334/ay.v5i2.1912.
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Regional Regulation which in principle are formed in the context of carrying out government affairs which are the authority of the regions, in fact are considered to be contrary to ministerial regulation. This is because the position and content of the ministerial regulation has not been regulated in the Law on the formation of regulation, while the level of dynamics of change is very high and fast compared to local regulations whose formation is influenced by political interests in the region and requires a long time. The problems discussed in this study were the legis ratio of the position of ministerial regulation according to Law Number 12 of 2011 concerning the formation of regulations and the juridical implications of the position of ministerial regulation on the formation of regional regulations. This study aimed to determine the legis ratio of ministerial regulation according to Law Number 12 of 2011 concerning the formation of legislation and the juridical implications of the position of ministerial regulation on the formation of regional regulations. This research was expected to contribute thoughts both theoretically and practically to the dynamics of legal development in Indonesia. The research used normative juridical method that consisted of primary, secondary and non legal materials. From the results of the study it was concluded that, First, the position of ministerial regulation is a legislation that was formed based on the order of higher legislation (delegated legislation), while ministerial regulation which was formed based on authority is a policy regulation (Beleidsregel). Second, regional regulation must refer to and base their formation on ministerial regulation, if the ministerial regulations is formed based on the authority of attribution and/or delegation of the formation of legislation and its position contained in the hierarchy of statutory regulations and not formed based on the authority to administer government affairs (Bestuur). Keywords: Status of Regulations, Ministerial Regulation, Regional Regulation
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Marpaung, Linjte, Herlina Ningrum, and Erman Syarif. "ANALYSIS OF APPLICATION ARTICLE 88 REGULATION OF THE MINISTER OF HOME AFFAIRS NUMBER 120 OF 2018 CONCERNING AMENDMENT TO REGULATION OF THE MINISTER OF HOME AFFAIRS NUMBER 80 OF 2015 CONCERNING THE ESTABLISHMENT OF REGIONAL LEGAL PRODUCTS." PRANATA HUKUM 16, no. 01 (January 31, 2021): 71–87. http://dx.doi.org/10.36448/pranatahukum.v16i01.241.
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Enforcement of the concept of law facilitation of its implementation has not gone well, especially the implementation of the order Article 88 Regulation of the Minister of Home Affairs No. 80 of 2015 on the Establishment of Regional Law Products in conjunction with Minister of Home Affairs Regulation Number 120 Year 2018. The problem of how the legal consequences and obstacles in the application of Article 88 Minister of Home Affairs Regulation No. 120 of 2018 concerning Amendment to Regulation of the Minister of Home Affairs Number 80 Year 2015 concerning the Establishment of Regional Law Products against the preparation of regional legal products in Lampung Province. Research methods use normative and empirical juridical approaches. Norms must be stated in Article 88 paragraph (2) Regulation of the Minister of Home Affairs No. 120 of 2018 states that facilitation of draft local regulations and draft regulations of regional heads and / or draft regulations of the DPRD has the consequence that facilitation must be implemented, if there is no law on the draft regional regulations and draft regulations of regional heads and / or draft regulations of the DPRD flawed procedures both material (substantial) and formal (procedural) and can not be determined and delay in facilitation resulting in all the implementation process of the draft regional regulations and the draft regulation of regional heads and / or draft regulations of the DPRD. Advice to the Directorate General of Regional Law Products Otda of the Ministry of Home Affairs to prepare sop evaluation, facilitation of regional legal products, simplification of procedures.
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Li, Jiangtao, Jianyue Ji, and Yi Zhang. "Non-linear effects of environmental regulations on economic outcomes." Management of Environmental Quality: An International Journal 30, no. 2 (March 11, 2019): 368–82. http://dx.doi.org/10.1108/meq-06-2018-0104.
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Purpose There is no conclusive whether environmental regulation is a constraint or an incentive to the production development. The purpose of this paper is to analyze the non-linear effects of environmental regulations on economic outcomes from the combined perspective of labor productivity and environmental regulation costs. Design/methodology/approach Under the assumption of maximizing the utility of residents and maximizing the profit of firms, this research introduces a mathematical model that incorporates the promotion effect of environmental regulations on labor productivity and the costs of environmental regulations. On this basis, the authors analyze the non-linear relationship between environmental regulations and economic outcomes theoretically. This paper also conducts an empirical test using the panel data of 28 provinces in China from 1998 to 2015 through threshold regression. Findings Theoretical analysis shows that environmental regulations impose both the environmental regulation cost effect and the compensation effect on the labor productivity enhancement. The ultimate impact of environmental regulation on economic outcomes depends on the comparison of these two effects. Under the different intensities of environmental regulation, the magnitude of these two effects may not be equal. The empirical results further confirm the nonlinear relationship between environmental regulations and economic outcomes. Originality/value Previous studies have neglected the role of environmental regulations in improving labor productivity. This work’s main contribution is to propose a novel framework to study the non-linear relationship between environmental regulation and the growth of economic outcomes from perspective of labor productivity and the costs of environmental regulations.
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Putra, Hendra Kurnia, Sudarsono Sudarsono, Istislam Istislam, and Aan Eko Widiarto. "Legis ratio of minister regulation arrangement in law number 15 of 2019 about the amendment to law number 12 of 2011." International Journal of Research in Business and Social Science (2147- 4478) 9, no. 3 (April 30, 2020): 182–90. http://dx.doi.org/10.20525/ijrbs.v9i3.685.
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The purpose of this paper is to analyze the Legis Ratio in the regulation of Ministerial Regulations in Article 8 of Law 12 of 2011 concerning Formation of Regulations and Regulations as amended by Law 15 of 2019 concerning Amendments to Law 12 of 2011 concerning Formation of Regulations. This research is normative legal research with a philosophical approach, conceptual approach, comparative law, and historical approach. The legal materials used are primary, secondary, and tertiary legal materials. basic norms and laws and regulations, while secondary sources include new and current scientific knowledge which includes books, research reports, journals, magazines Tertiary sources namely black law dictionary, abstracts and other tertiary sources Analysis of legal material is carried out with descriptive perspective. The results showed that the regulation of Ministerial Regulations departs from the desire to re-regulate clearly the existence of Ministerial Regulations previously stated in the Explanation of Law 10 of 2004 concerning Formation of Legislation so that the existence of Ministerial Regulations has stronger legal legitimacy in the legislation system Indonesia. The Ministerial Regulation provides the legal basis for the Minister to form laws and regulations in their respective fields as an assistant to the President in carrying out governmental power.
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SAGAMA, SUWARDI. "Reformulasi Hierarki Peraturan pada Pembentukan Peraturan Perundang-Undangan di Indonesia." Volksgeist: Jurnal Ilmu Hukum dan Konstitusi 1, no. 2 (December 31, 2018): 185–97. http://dx.doi.org/10.24090/volksgeist.v1i2.1967.
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This article discusses the hierarchy of regulation formation. The problem being discussed in this article is related to the regulations that are formed contrary to the rules above and therefore, they are canceled or revised. Although explicitly in the formation of regulations, it is mandatory to follow the regulation hierarchy. Hence, it causes financial problems because the regulations cannot be implemented. It is juridical normative based research. The result of this research suggests that it is necessary to reformulate the regulations hierarchy on the formation of state regulations. It also suggests that the hierarchy of the regulations formation has positive and negative values. It is positive because it can maintain orderliness in the formation of regulations, while negative values will occur in the formation of the regulations. Therefore, to strengthen the hierarchy of the formulation of laws and regulations, it is necessary to have specifically certified legal drafter to form the regulations. As in the principle of legal fiction, that person is considered to know the rule can be realized properly.
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Guo, Quan, Jun Hong, Jing Rong, Haiyan Ma, Mengnan Lv, and Mengyang Wu. "Impact of Environmental Regulations on High-Quality Development of Energy: From the Perspective of Provincial Differences." Sustainability 14, no. 18 (September 18, 2022): 11712. http://dx.doi.org/10.3390/su141811712.
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Environmental regulation plays an important role in the green development of energy, and there are different classifications of environmental regulations in academic circles. This paper attempts to divide environmental regulation into “pure” formal environmental regulations and informal environmental regulations. By selecting the official statistical data samples of 30 provinces, autonomous regions and municipalities in China from 2005 to 2020, and by referring to the Malmquist productivity index method and the mediation effect model, we explore pure environmental regulations. By analyzing the influence mechanism of “pure” formal environmental regulations and informal environmental regulation on energy green development, it is concluded that: (1) Informal environmental regulations have direct and indirect roles in promoting the energy green development index. (2) There is a “U-shaped” relationship between “pure” formal environmental regulations and green energy development. Based on the above conclusions, relevant suggestions are put forward. At the same time, through this division of environmental regulations, on the one hand, it provides a basis for the government to accurately formulate environmental policies, and on the other hand, it provides strong support for the government to scientifically implement environmental policies.
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Irnawati, Irnawati. "KONSEP HUKUM PEMBATASAN KEKUASAAN REGULASI DI INDONESIA." Jurnal Magister Hukum Perspektif 10, no. 2 (April 10, 2022): 36–46. http://dx.doi.org/10.37303/magister.v10i2.38.
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The law in limiting power lies from the formation of regulations by authorized bodies. Regulations cannot be separated from the Government / legislative institutions that make laws and regulations, both in the Central and Regional Governments. The formulation of the issues raised are (1) How is the legal concept in limiting the increasing regulation and (2) How to strive for increased harmonization so that in making regulations in the area can be in line with the existing regulations in the center. This type of research is juridical-normative using a conceptual approach. The results of the discussion are first, the legal concept in limiting the increasing regulation by applying attribution authority appropriately and making regulations according to needs. Second, efforts to increase harmonization in the making of regulations between the Center and the Regions with harmonization for quality and appropriate regulations.
Keywords: legal concepts, restrictions powers, regulatory.
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Mikail, Kiki. "Analisis Kebijakan Peraturan Daerah Yang Mengandung Materi Muatan Ajaran Islam Di Kota Palembang." TAMADDUN: Jurnal Kebudayaan dan Sastra Islam 18, no. 2 (December 3, 2018): 147–66. http://dx.doi.org/10.19109/tamaddun.v18i2.2793.
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This research is analytical descriptive research. This study places policy analysis and as the main and free variable that will influence the process of establishing a Regional Regulation as a dependent variable. In article 5 of the Republic of Indonesia Constitution states that the regional government has the right to determine regional regulations or other regulations in order to carry out regional autonomy.The local government of Palembang has issued three local government regulations that have Islamic sharia laws, namely regional regulation number 2 of 2004 concerning the eradication of prostitution, regional regulation number 11 of 2006 concerning the prohibition of circulation and sale of alcoholic products and local regulations on zakat. in order to be right on target and more effective, some variables need to be considered by Palembang stakeholders so that the Regional Regulations that are stipulated are not just legality, but more than that it must be a general rule that all local regulations are made in order for the common good Palembang community. Keywords : Political Analys, local goverment regulations, local autonomy, the politics of sharia law
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Madjid, Abdul, Triya Indra Rahmawan, and Galieh Damayanti. "Village Regulation as A Participation-Based Development Instrument In Indonesia." International Journal of Social Science Research and Review 5, no. 1 (January 3, 2022): 34–44. http://dx.doi.org/10.47814/ijssrr.v5i1.146.
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The implementation of village government in Indonesia cannot be separated from the existence of village regulations. The Village Regulation is a legal and policy framework in the administration of Village Government and Village Development. The contents of a village regulation are an elaboration of the various authorities possessed by the village referring to the provisions of higher laws and regulations. However, at the practical level, village administration is often carried out as it is without any standard and clear provisions. Village regulations have a strategic role in participatory village development efforts, including synergizing village development with central and local government programs. Therefore, by using this type of sociological legal research, this study describes the reality of the obstacles faced in forming village regulations, factors that affect the effectiveness of village regulations, and proposes how to conceptualize effective village regulations as participatory village development instruments. Meanwhile, the village area that is the object of this research is Ngroto Village, Pujon District, Malang Regency, East Java Province, Republic of Indonesia. The results of the study indicate that there are still obstacles in the effort to form village regulations, namely the lack of optimal identification of the urgency of the substance to be regulated in the draft village regulations, the lack of community involvement in providing direct input to the draft village regulations, and the lack of information related to the draft village regulations that will be drafted. formed. In addition, it turns out that there are still obstacles in socializing the village regulations that have been ratified. To overcome these obstacles, an effective village regulation concept is needed, namely by optimizing community participation in the formation of statutory regulation, because legislation based on community participation can have effective performance and effectiveness.
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Reynolds, Travis W., Marieka Klawitter, Pierre E. Biscaye, and C. Leigh Anderson. "Mobile money and branchless banking regulations affecting cash-in, cash-out networks in low- and middle-income countries." Gates Open Research 2 (November 28, 2018): 64. http://dx.doi.org/10.12688/gatesopenres.12876.1.
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Background: We examined recent trends in mobile money and branchless banking regulations related to cash-in, cash-out (CICO) networks (physical access points allowing users to exchange physical cash and electronic money) in low- and middle-income countries, and reviewed evidence on the impacts of CICO regulations on markets and financial inclusion. Methods: Regulation and literature searches began in August 2017 and concluded in June 2018. For the regulatory search we compiled an original database of regulations targeting CICO networks in Bangladesh, India, Indonesia, Kenya, Nigeria, Pakistan, Tanzania, and Uganda. To review evidence of impacts of regulations we conducted additional global searches on Scopus, Google Scholar, and Google using keywords for specific regulatory approaches (e.g., regulation of CICO agents) or hypothesized impacts (e.g., financial inclusion). Results: The resulting database of CICO regulations in the eight focus countries includes 127 regulatory documents, which we coded for four groups of regulations, namely: Business Channel Requirements; Agent Requirements; Regulations on Caps, Fees and Charges; and Customer Identification Requirements. Early CICO regulations focused on agent selection rules, limits on fees, and know-your-customer requirements. More recent waves of regulation have expanded or restricted services CICO agents provide, and also imposed reporting requirements on service providers in an effort to prevent fraud or enhance financial inclusion. Our search for evidence of impacts of CICO regulations resulted in a sample of 90 documents published since 2005, of which only 31 provided evidence on CICO regulation impacts, with most limited in scope—suggesting rigorous policy analysis remains lacking in this quickly expanding sector. Conclusions: Many low- and middle-income countries have introduced regulations that may affect CICO networks, with regulatory approaches differing across geographies and over time. While anecdotal reports of regulatory impacts exist, we found limited evidence of impacts of regulations on CICO networks or on CICO-related financial inclusion.
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Kalalo, J. J. J., R. M. N. Betaubun, D. N. Marpaung, and N. W. Y. Badilla. "Disharmony of policy laws and regulations in the effort to develop beef cattle production in Indonesia." IOP Conference Series: Earth and Environmental Science 1341, no. 1 (May 1, 2024): 012087. http://dx.doi.org/10.1088/1755-1315/1341/1/012087.
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Abstract This study aims to analyze the disharmony of policies that have been implemented by the government in this case to review several regulations that have been established that do not support each other in efforts to develop beef cattle production in Indonesia. In this study, sampling used several regulations that were not aligned, namely in Law of the Republic of Indonesia Number 41 of 2014 concerning Amendments to Law Number 18 of 2009 concerning Livestock and Animal Health, Government Regulation Number 11 of 2022 concerning Amendments to Government Regulation Number 4 of 2016 concerning the Entry of Livestock and / or Animal Products in certain cases originating from a country or zone In the Country of Origin, Regulation of the Minister of Agriculture Number 41 of 2019 concerning the Entry of Large Ruminants into the Territory of the Republic of Indonesia. The research method is carried out with the Normative Research method using Primary Legal Materials, namely laws and regulations, secondary legal materials, namely data from law books, legal texts, legal articles, legal journals. Based on the results of the study, it is known that the failure to develop beef cattle production in Indonesia occurs due to several laws and regulations that are not in harmony with both higher and lower regulations. Laws, Government Regulations and Regulations of the Minister of Agriculture issued as well as Decrees of the Minister of Agriculture have discrepancies in the implementation of these policies. Based on these results, it can be seen that there are several conflicting laws and regulations, based on the Lex Superior Derogat Legi Inferiori Principle states that lower regulations must not conflict with higher regulations, so a policy is taken if they conflict with higher laws and regulations. The above regulation is by itself declared null and void.
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Bakarbessy, Andress. "PERATURAN YANG DITETAPKAN OLEH KEPALA DESA (Kajian Terhadap Pasal 8 ayat (1) UU No 12 Tahun 2011 Tentang Pembentukan Peraturan Perundang-Undangan)." Perspektif Hukum 17, no. 2 (November 6, 2017): 228. http://dx.doi.org/10.30649/phj.v17i2.174.
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Abstract : Article 2 Domestic Ministerial Regulation Number 111 of 2014 concerning technical guidelines for Village Regulations states that Type of Regulation in the village includes: a. Village Regulation b. Joint Regulation of the Village Head; and c. Village Head Regulation. Meanwhile, Article 8 paragraph (1) of the Law Establishing Legislation states that the type of legislation also includes the rules set by ... Village Heads or the equivalent. Based on the construction of norms Article 8 paragraph (1) of the Law on Establishment of Legislation, village regulations cannot be categorized as regulations established by the village head because a village regulation must have a joint agreement between the village head and the village consultative body and must be promulgated in Village and legal sheets become village regulations even though they are not stipulated by the village head.
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Chen, Qiao, Yan Mao, and Alastair M. Morrison. "Impacts of Environmental Regulations on Tourism Carbon Emissions." International Journal of Environmental Research and Public Health 18, no. 23 (December 6, 2021): 12850. http://dx.doi.org/10.3390/ijerph182312850.
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This research analyzed the impact of environmental regulations and their power in suppressing tourism carbon emissions. The results showed that: (1) four types of environmental regulations had significant inhibiting effects on tourism carbon emissions, but different types of regulations had varying effects; and (2) environmental regulations had a significant time lag effect on tourism carbon emissions. The decay rates of the environmental regulation effects were dissimilar for supervisory management, market incentives, command and control, and public participation; and (3) environmental regulations had dissimilar influences on tourism carbon emissions at the regional level. Government agencies should choose differentiated environmental regulation tools, attach great importance to the time-lag effect of environmental regulations on tourism carbon emissions, and establish systems and mechanisms of public participation in environmental matters.
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Pratama, Fachrizza Sidi. "Rechtsvacuum Phenomenon in Government Regulation of the Republic of Indonesia Number 51 of 2020 related to Passport Renewal Period to 10 Years." Journal of Law and Border Protection 1, no. 1 (May 28, 2019): 51–58. http://dx.doi.org/10.52617/jlbp.v1i1.156.
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Legislation is one of the legal products issued by the state government component. In this case, the laws and regulations include the Constitution of the Republic of Indonesia year 1945, the Decree of the People's Consultative Assembly, The Law / Regulation of the Government In lieu of Laws, Government Regulations, Presidential Regulations, and Local Regulations. As for its application, the rules have levels in the arrangement, where there are sections that explain macro and its derivatives that are narrowing down to the implementing regulations. The levels of the rules must be complete because each of them has its own function. Meanwhile, in this journal, there will be a discussion on the phenomenon of legal vacancies in the case study of Government Regulation of the Republic of Indonesia Number 51 of 2020 related to the Period of Extending Passports to 10 Years, where in the issuance of government regulations have not been included implementing regulations that will regulate how the implementation of government regulations in the field.
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Amiq, Bachrul, and Yovan Iristian. "STUFEN THEORY AS A BASIC ANALYSIS OF THE LEGAL STANDING OF THE MINISTERIAL REGULATION AND ITS RELATION TO THE EXECUTION OF THE LOCAL REGULATION." Yustisia Jurnal Hukum 8, no. 3 (February 2, 2020): 493. http://dx.doi.org/10.20961/yustisia.v8i3.33590.
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<em>Law is a set of regulations that contain a kind of unity that we understand through a system, as one form of this realization through Article 22A of the 1945 Constitution of the Republic of Indonesia. The legal force binds a regulation in accordance with the hierarchy as referred to in Article 7 of the Law Number 15 of 2019 on the Establishment of Laws and Regulations (hereinafter Law Number 15 of 2019), but in line with Law Number 15 of 2019, it does not recognize the legal standing of the Ministerial Regulation. This research focuses on analyzing and finding answers to questions about the legal standing and characteristics of Ministerial Regulations in the Hierarchy of Statutory Regulations in Indonesia. The research method with a normative juridical approach, prioritizes library research and its implementation in practice. Research specifications are descriptive. The research phase is carried out through library research, collecting secondary data in the form of primary, secondary, and field research materials to obtain primary data as a support. The theory put forward by Hans Kelsen through Stufen Theory and Adolf Merkl’s theory through (Das Doppelte Rechtsantlitz) as a basic analysis to study the legal standing and characteristics of the Ministerial Regulation. In line with the Law 9 of 2015 on the Local Government that Ministerial Regulations are above Provincial, Regency / City Regional Regulations, thus Ministerial Regulations may not conflict with Presidential Regulations and Government Regulations and provide guidelines for Provincial, District / City Regulations in determining the local regulations</em>
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Septian, Iip, Amancik Amancik, and Patricia Ekowati Suryaningsih. "OVERLAPPING BETWEEN PROVINCIAL REGIONAL REGULATIONS WITH REGENCY/MUNICIPAL LOCAL REGULATIONS ON THE REGULATED MATERIAL VIEWED FROM THE LAW NUMBER 12 OF 2011 REGARDING ESTABLISHMENT OF LEGISLATION." Bengkoelen Justice : Jurnal Ilmu Hukum 9, no. 2 (January 2, 2020): 235–51. http://dx.doi.org/10.33369/j_bengkoelenjust.v9i2.9984.
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The occurrence of overlapping between provincial regional regulations and regency/municipal regulations on the same material may create legal problems, because if they are not properly regulated, then authority in the implementation and enforcement of overlapping regional regulations becomes biased, this condition resulted in the failure to fulfill the justice and legal certainty aspects, as well as the benefit aspect, because there are dual regulatory arrangements, which are the regency/municipality regulations and the provincial regulations, in which hierarchically the two regional regulatory instruments are unequal, where the provincial regulation has a higher position than regency/municipal regulations. The similarity of content material between provincial and regency/municipal regulations as referred to in the provisions of Article 14 of Law Number 12 Year 2011 concerning the Establishment of Legislation makes it possible to regulate the same material between provincial and regency/municipal regulations. In the context of provincial and regency/municipal regulations governing the same material, then orders, restrictions, permits and licenses must be clear and resolute, where the regency/municipal regulations cannot contain different orders, prohibitions, licenses and permits which has been formulated in the provisions of the provincial regulation, or in other words, the norm formulation in regency/municipal regulations shall not be contradictory to the norms regulated in provincial regulations. Essentially, regency/municipal regulations can only regulate matters that have not been regulated in the above legislation.
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Sinaga, Edward James. "Implementation of Regulatory Policy in Government Agency." Jurnal Ilmiah Kebijakan Hukum 16, no. 2 (July 28, 2022): 323. http://dx.doi.org/10.30641/kebijakan.2022.v16.323-340.
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Legal reform is a necessity. Regulatory arrangement is one aspect of the legal reform program within the framework of national legal development. Regulation is the solution and foundation of law enforcement and government policies, thereby creating legal certainty and order and providing benefits to the community. However, regulation is an obstacle to development due to overlapping regulations, hyper regulations, conflicts of interest and authority. It can be seen that there is a judicial review of existing laws in the Constitutional Court and 1,765 regional regulations have been canceled. The legal reform program is carried out based on the Regulation of the Minister of Administrative and Bureaucratic Reform concerning the Road Map for Bureaucratic Reform 2020-2024. The regulation mandates the need to create a Legal Reform Index to measure the success of Legal Reform. This research was conducted to provide an overview of regulations and the formation of regulations as well as the implementation of regulatory policies for Government Agencies. This research is juridical-empirical and used a qualitative approach. From the results of this study, it was found that there are regulations in Indonesia that require amalgamation, simplification, and revocation. Considering this situation, legal reform is needed. This determination is seen from the Legal Reform Index. Policy Measurement of the legal reform index is useful for ensuring the quality of good laws and regulations following the principles, rules and objectives of the ideal formation and arrangement of laws and regulations.
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Agustin, Maizi Fahdela. "KEDUDUKAN PERATURAN NAGARI DALAM PERSPEKTIF HUKUM TATA NEGARA (Studi Pembentukan Peraturan Nagari di Manggilang)." Al Ushuliy : Jurnal Mahasiswa Syariah dan Hukum 1, no. 1 (June 30, 2022): 1. http://dx.doi.org/10.31958/alushuliy.v1i1.8313.
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A written regulation is needed in a Nagari to guide the leader of Nagari that is called by Wali Nagari to run his government. However, these days, in Nagari the regulation used is the unwritten regulation that only shared among the community. This study aims to encourage to form the Nagari Regulation especially for Nagari Manggilang. This study was carried out in a normative-empirical manner by conducting interviews and observations. The data found will be strengthened by various government regulations to obtain a more scientific study. From the findings during the research, the authors found that the Nagari Regulations are still recognized and have binding legal force even though they are not stated in detail on the types of hierarchy of laws and regulations in Indonesia. Meanwhile, the process of forming Nagari Regulations in Nagari Manggilang includes the pre-implementation, implementation, and post implementation. In the pre-implementation stage, it was found that the authority of the KAN institution was not fully fulfilled so that it was not in accordance with the mandate of the Regional Regulation of West Sumatra Province Number 7 of 2018 concerning Nagari. Therefore, there should be special regulations related to the institutions authorized to form Nagari regulations in Nagari Manggilang.
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Wibowo, Arif Tri, and Dzulhidayah Kinanggi. "Analysis of the Job Creation Act (UUCK) Mandate Through Government Regulation Number 18 of 2021." Marcapada: Jurnal Kebijakan Pertanahan 2, no. 1 (August 30, 2022): 1–11. http://dx.doi.org/10.31292/mj.v2i1.21.
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Agrarian conflicts occur from legal politics in the land sector, where the rules issued by the government are not compatible or contradictory. The Job Creation Act (UUCK) provides convenience in various regulatory aspects such as in the land sector, one of the implementing regulations is Government Regulation no. 18 of 2021. This study focuses more on analyzing with the intention to show a comparison of regulations that have been issued before and after the Job Creation Act as a regulation arrangement in the land sector through Government Regulation No. 18 Year 2021. The author uses a qualitative method through a statute approach by collecting data and information and interpreting matters relating to relevant objects to draw conclusions. The results of the analysis show that the Job Creation Act has produced implementing regulations for at least 5 (five) government regulations in the land sector to cut previous regulations and reorganize regulations. Government Regulation No. 18 of 2021 provides new scope arrangements such as arrangements for Right to Manage (HPL), Land Reclamation, Land Destroyed, Space Above Land (RAT) and Underground Space (RBT). Government Regulation No. 18 of 2021 cut overlapping regulations in the land sector so that in their implementation, they can be aligned according to objectives by prioritizing the interests of the wider community and minimizing agrarian conflicts. However, the birth of Government Regulation No. 18 of 2021 raises problems and does not refer to the Basic Agrarian Law as a special law.
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Ningsih, Surya, and Silsila Asri. "TUMPANG TINDIH REGULASI DALAM PENYUSUNAN RENCANA KERJA PEMERINTAH NAGARI (RKP NAGARI)." Ensiklopedia Sosial Review 3, no. 3 (January 22, 2022): 381–92. http://dx.doi.org/10.33559/esr.v3i3.1086.
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Every year the nagari government prepares a work plan before the determination of the APBNagari. The process of preparing this planning document is usually based on the Minister of Home Affairs Regulation No. 114/2014, but in 2020 the Minister of Village Regulation No. 21/2020 regulates the same. There are differences in the process of preparing the RKP Desa regulated by the two regulations. The purpose of this paper is to see the impact of overlapping regulations in the preparation of the RKP Nagari in Lima Puluh Kota Regency. The method used in this research is descriptive qualitative. The results of the study indicate that there are 2 impacts of the overlapping regulations, First, the District Government of Lima Puluh Kota is slow in responding to the latest regulations so that the regent's regulations governing the Technical Guidelines for the Preparation of RPJM, RKP, and Implementation of Nagari Development Activities have not been revised so that the process the preparation of the RKP applied by the nagari varies, some are implemented according to the regent's regulations and some are in accordance with the village minister's regulations. Second, the emergence of internal disputes within the Nagari government because they are confused about implementing the process of preparing the Nagari RKP in accordance with the regulation of Permendagri No. 114/2014 or Village Minister Regulation No. 21/2020.Keywords: Village, Regulation, Development Planning
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Riyardi, Agung, Mohd Fahmy-Abdullah, Sujadi Sujadi, Kusdiyanto Kusdiyanto, and Triyono Triyono. "A Literature Review: Which Regulation is Feasible for Assessing User Satisfaction with Terminal Services?" Budapest International Research and Critics Institute (BIRCI-Journal) : Humanities and Social Sciences 2, no. 4 (November 19, 2019): 624–37. http://dx.doi.org/10.33258/birci.v2i4.664.
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Three different studies have discussed regulations ofthe assessment of user satisfaction levelswith terminal services. Based on the assumption that the terminal attributes derived from regulations are accurate, this study aims to analyze the content of the regulations, compare them, and analyzeterminal user satisfaction as assessed by previous studies. Content analysis of the literature is conducted. The results reveal that among the user satisfaction survey regulations from the Minister of Administrative and Bureaucratic Reform Regulations of 16/2014 and 25/2004 and the service standard regulations from the Minister of Transportation Regulation of 40/2015, the most feasible regulation for the assessment of user satisfaction is the Minister of Transportation Regulation of 40/2015. This regulation does not regulate satisfaction assessment but can be used as a basis for assessments of user satisfaction with terminal services. All of the stipulated service standards can be classified as accurate terminal service attributes. Therefore, improvements can be made by including a requirement for satisfaction assessments. Through the incorporation of the service quality concept, such improvement could establish this regulation as a basis for reputable studies of satisfaction assessments. Another result reveals that the literature on the assessment of terminal user satisfaction based on the Minister of Transportation Regulation of 40/2015 reports that users are satisfiedwith the terminal attributes of reliability, convenience, affordability and equity, but they are unsatisfied with the attributes ofsafety and security. Thus,terminals should implement maximal regulation of service standards. Assurance of terminal securitycould increase user satisfaction.
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Salasiwa, Niklas, Jemmy Jefry Pietersz, and Merlien Irene Matitaputty. "Akibat Hukum Materi Muatan Peraturan Negeri yang Tidak Sesuai dengan Judul Peraturan Negeri." CAPITAN: Constitutional Law & Administrative Law Review 1, no. 2 (November 28, 2023): 102–7. http://dx.doi.org/10.47268/capitan.v1i2.11206.
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Ambon City Regional Regulation number 10 of 2017 concerning the Appointment, Election, Inauguration and Dismissal of the Head of State Government is the legal basis for every implementation of state regulations in Ambon City, this means that every state regulation made must be based on Ambon City Regulation Number 10 of 2017 2017. In making regulations, whether regional regulations or state regulations, appropriate and appropriate adjustments are needed in terms of determining the title and material content contained in the regulation, but it is not uncommon for there to be regulations that are not appropriate. The mismatch between the title of a state regulation and the content of the content material is certainly something that is very contrary to the law which will of course give rise to legal consequences. One of the state regulations which has a different title and content material is the Hative Kecil state regulation Number 6 of 2020 concerning the determination of house points. parents in the Hative Kecil country, with the title determining the terms of the parental home, the content material contained in this state regulation should only be limited to the scope of the parental home in the Small Hative State, but unfortunately the content material contained in the state regulations already covers all matters regarding Small Hative Country, starting from the appointment of the head of government of Small Hative Country, the election of the head of the state government, to the dismissal of the head of the state government, of course it is clear that the title of this state regulation does not match the existing content material, for this reason, this difference is certainly contrary to law and can give rise to legal consequences.
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Rahayu, Murtanti Jani, and Septyani Widyastuti. "Dampak Kebijakan Pemerintah Daerah dalam Pengelolaan PKL di Kota Jakarta, Bandung dan Surabaya." TATALOKA 23, no. 2 (May 31, 2021): 201–11. http://dx.doi.org/10.14710/tataloka.23.2.201-211.
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As a developing country, Indonesia has a huge number of street vendors. Because of that, the existence of street vendors needs a special attention. This special attention is needed because streer vendors mostly occupy city's public spaces. Street vendor management in Indonesia's cities is based on the regulations that was made by each regional government which is pointing to Indonesia's higher level of regulation. Each regional regulation has their own unique characteristics. Jakarta, Bandung, and Surabaya are big cities that have street vendor problems that also have street vendor management regulations. From those three cities, the advantages and disadvantages of their regulation's contents will be revealed, enriched by information digging and research results. From the regulation side, those three cities showed their concern about regulations regarding street vendors. The forms of restructuring that has been done are relocation and stabilization. Those three cities are also supported by private sector regarding street vendor management. Street vendor management has a vital contribution towards regional economical growth and street vendor's income growth. These positive impacts increases the efficiency of city space management, so the city itself will look tidy, beautiful, and not congested, but street vendors are still poppimg out in restricted areas and old spaces, if the new managed locations are far from the crowds, the impact will decrease street vendor's income
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Kaya, Halil D. "Regulations and the characteristics of entrepreneurs." SocioEconomic Challenges 6, no. 3 (2022): 80–96. http://dx.doi.org/10.21272/sec.6(3).80-96.2022.
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In this study, we examine whether different types of regulations affect the composition of small business owners in U.S. states. We employ a national survey titled the “United States Small Business Friendliness Survey”. This survey asks small business owners their opinions on different types of regulations (i.e. “health and safety regulations”, “employment regulations”, “tax code”, “licensing regulations”, “environmental regulations”, and “zoning regulations”). The survey also asks business owners questions on their own characteristics like “position in the firm”, “previous entrepreneurial experience”, “gender”, “age”, “political view”, “education level”, and “race”. Our results show that each regulation category affects almost all categories of owner characteristics. The exceptions are the following: “Health and safety regulations” do not affect position in the firm, “employment regulations” do not affect gender and age, “tax code” does not affect position in the firm and age, “licensing regulations” and “environmental regulations” do not affect position in the firm and gender, and “zoning regulations” do not affect position in the firm, previous experience, and gender. “Health and safety regulations” affect gender, age, political view, education level, and race. “Employment regulations” affect previous entrepreneurial experience, political view, education level, and race. “Tax code” affects previous entrepreneurial experience, gender, political view, education level, and race. “Licensing regulations” affect previous entrepreneurial experience, age, political view, education level, and race. “Environmental regulations” affect previous entrepreneurial experience, age, political view, education level, and race. “Zoning regulations” affect age, political view, education level, and race. Overall, our findings indicate that regulations affect the geographical choice of entrepreneurs. The states with a more favorable score in a certain area of regulation attract a certain group of entrepreneurs. Policymakers should consider these findings when devising their strategies to attract certain types of entrepreneurs to their states.
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Shin, Jaeho, Yeongjun Kim, and Changhee Kim. "The Perception of Occupational Safety and Health (OSH) Regulation and Innovation Efficiency in the Construction Industry: Evidence from South Korea." International Journal of Environmental Research and Public Health 18, no. 5 (February 27, 2021): 2334. http://dx.doi.org/10.3390/ijerph18052334.
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Due to safety issues in the construction industry, interest in research on occupational safety and health (OSH) regulations remains high. Previous studies indicated that OSH regulations not only affect performance in and of themselves, but also indirectly by increasing awareness of such regulations. Studies also demonstrated that OSH regulation can affect innovation and corporate safety. However, the effect of OSH regulation on innovation remains unclear, as the relationship between the perception of OSH regulation and innovation is not fully understood. This study measures the innovation efficiency of companies in the Korean construction industry using data envelopment analysis (DEA), and investigates the relationship between innovation efficiency and companies’ perceptions of OSH regulations. Results indicate that companies that positively recognize OSH regulations tend to be more innovative than those that do not. This study also validates differences in innovation efficiency depending on the perception of OSH regulations by bootstrap DEA. The results of this study suggest appropriate strategies to promote innovation in the construction industry from the perspectives of both government and practitioners in firms.
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Ananda, Adhe Ismail, and Sri Kusriyah. "The Role of Regional / City Governments in Developing and Supervising Of Village Regulation." Jurnal Daulat Hukum 3, no. 3 (September 8, 2020): 345. http://dx.doi.org/10.30659/jdh.v3i3.11267.
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The research objective was to identify and analyze the role of district / city government in the guidance and supervision of village regulations. This research method is a normative-empirical approach, by examining Laws and regulations related to the role of district / city local governments in fostering and supervising village regulations with their implementation. The conclusions from the results of this study indicate that in the formation of a Village Regulation, the role of district / city Regional Government is regulated in Article 115 of Act No. 6 of 2014 concerning Villages, one of which is to provide guidelines for drafting village regulations and village head regulations. The technical guidelines for the preparation of village regulations in Kolaka district are regulated in Perda No. 4 of 2009 in its implementation the technical guidelines are still very difficult to adjust to the current conditions due to the issuance of the Law of Permendagri No. 6 of 2014 concerning the Village.Keywords: Coaching; Supervision; Regional Government; Village Regulations; Regent Regulation.
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Dewi, Anjaly Rosdiansyah, and Syofyan Hadi. "KONSTITUSIONALITAS PERMENKUMHAM NOMOR 02 TAHUN 2019 PENYELESAIAN KONFLIK NORMA MELALUI MEDIASI." Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance 2, no. 2 (August 30, 2022): 693–702. http://dx.doi.org/10.53363/bureau.v2i2.97.
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Minister of Law and Human Rights Regulation No. 2 of 2019 concerning Disharmony Settlement Laws and Regulations Through Mediation regulates the mediation process for disharmony of several regulations such as Ministerial Regulation; Regulation of Non-Ministerial Government Institutions; Regulations from Non-Structural Institutions; and Regional Regulations. Whereas if a regulation is in conflict with other regulations, then a judicial review can be conducted to the Supreme Court and this has been stipulated in the 1945 Constitution where the 1945 Constitution is the highest statutory regulation and there is no lower statutory regulation that can override the provisions The 1945 Constitution. This type of research can be classified as a type of normative research. In this study, the focus is to examine the level of synchronization of law and the principle of law, namely the principle of lex superior derogate legi inferior. Source of data used secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials, data collection techniques in this study with the literature review method, after the data collected and then analyzed to draw conclusions. From the results of research and discussion, it can be concluded that, First, the authority of the Ministry of law and human rights in completing the disharmony of laws and regulations based on Minister of Law and Human Rights Regulation No. 2 of 2019 is something that violates higher legal norms or norms. Because the 1945 Constitution which gives the authority to examine the legislation under the law against the law is to the Supreme Court and not to other institutions. Second, the Supreme Court should conduct a judicial review in which the ideal concept of authority is regulated in the 1945 Constitution and not the Ministry of Law and Human Rights. If you want to test the statutory regulations, then the laws and regulations must be made in the form of laws
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Khatami, Muhammad, Mukhlis Mukhlis, and Elidasari Elidasari. "Synchronization Of North Aceh Regent Regulation Number 3 Of 2021 With Government Regulations Number 11 Of 2019." Proceedings of Malikussaleh International Conference on Law, Legal Studies and Social Science (MICoLLS) 2 (December 27, 2022): 00041. http://dx.doi.org/10.29103/micolls.v2i.113.
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The synchronization of North Aceh Regent Regulation Number 3 of 2021 with Government Regulation Number 11 of 2019 is motivated by the deduction of fixed income for Gampong devices in North Aceh Regency in 2021 which is considered contrary to the Government Regulation, and brings this matter to two main problems, namely, how is the synchronization between the North Aceh regent's regulations and the PP in question. And what are the implications caused by this regulation of the Regent of North Aceh. This research uses normative legal research methods by combining the approach of legislation, conceptual approach, and analytical approach. The legal materials used consist of primary, secondary, and tertiary legal materials. The adjustment of the fixed income of the Gampong device is textually indeed contrary, because it violates the Government Regulation above. However, contextually there are several juridical foundations that authorize regional heads to make budget readjustments in regional financial management, including in terms of fixed income for Gampong devices. The mistaken regulation of the Regent of North Aceh was due to forgetting the juridical basis related to the authority to readjust the financial budget in its consideration, thus causing this regent's regulation to be defective. This state of legal defects may have implications for the cancellation of the regent's regulation in its entirety. Even so, the change in the fixed income of the Gampong device caused by this regent's regulation is still valid, because in this regent's regulation is attached the principle of presumption of validity (persumtion iustae causa). The establishment of future laws and regulations, especially in North Aceh Regency, is important to emphasize more in the stage of harmonization of the draft laws and regulations in a more comprehensive manner, even directly involving all public elements that have the potential to come into contact with the regulations to be formed. Moreover, regulations of an administrative nature such as the regent's own regulations. Because in the prevalence of antinomy between norms it is more often problematic in derivative regulations, especially administrative ones.
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Park, Kwanghyun. "Crime Prevention by Strengthening REGULATIONS on Drunk Driving." J-Institute 6, no. 4 (December 31, 2021): 26–35. http://dx.doi.org/10.22471/regulations.2021.6.4.26.
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Ilham, Novan Yuana Nur, and Nadia Nurani Isfarin. "Analysis of The Process of Formulation And Publication of The Regulation of The Regency Head Regarding The Allocation of Village Funds in Bogor Regency for The Year 2023." International Conference on Multidisciplinary Academic Studies 1 (February 15, 2024): 241–53. http://dx.doi.org/10.33830/icomus.v1i1.1011.
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The Regent Regulation (Peraturan Bupati or Perbup) is one type of Regional Head Regulation (Peraturan Kepala Daerah or Perkada) that functions as an implementation tool for higher-level national and provincial laws and regulations. This research is conducted because the Bogor Regency Government has issued a Regent Regulation regarding the Village Fund Allocation (Alokasi Dana Desa or ADD) for the fiscal year 2023, but there has been a delay in its issuance. The research aims to determine whether the process of drafting the Bogor Regency Regent Regulation Number 11 of 2023 concerning the Allocation and Procedures for the Distribution of Village Fund for the Fiscal Year 2023 is in accordance with the Laws and Regulations. The author uses the normative juridical method in this research by obtaining data through literature study and interviews. The data sources used include documents related to the Formation of Laws and Regulations, such as the Ministry of Home Affairs Regulation and other relevant regulations, as well as relevant literature data on the research topic. In addition, interviews were conducted with relevant officials to obtain complete and in-depth information. This research indicates that the formation of regent regulations must follow the mechanisms and procedures stipulated in the laws and regulations, including the stages of drafting, deliberation, guidance/facilitation, determination, numbering, promulgation, authentication, and dissemination. Therefore, procedurally, the process of drafting and issuing Regent Regulation Number 11 of 2023 concerning the Allocation and Procedures for the Distribution of Village Fund for the Fiscal Year 2023 is in line with the provisions of Law Number 12 of 2011 concerning the Formation of Laws and Regulations, as well as the Ministry of Home Affairs Regulation Number 80 of 2015 concerning the Formation of Regional Legal Products.
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MAPHELA, BULELWA. "An Analysis of Regulation 363 of the National Health Act (61 of 2003) Regarding the Management of Human Remains from the Perspective of Emerging Funeral Directors." African Journal of Governance and Development (AJGD) 12, no. 2 (December 6, 2023): 20–39. http://dx.doi.org/10.36369/2616-9045/2023/v12i2a3.
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The National Health Act 2003 (Act 61 of 2003) was formulated for the purpose of providing a governing and regulatory framework for a structured, homogenous healthcare system within the Republic of South Africa. In 2013, with regards to section 68(1)(b) read with section 90(4)(c) of the National Health Act 2003 (Act 61 of 2003), the regulations pertaining to the management of human remains were gazetted. Chapter 3 of the regulations, which deals with “Funeral Undertakers’ Premises and Mortuaries”, is the focus of this paper. As emerging businesses, many emerging funeral directors (EFDs) are currently struggling to comply with the onerous regulations of human remains management, with many mortuary premises operating without a valid Certificate of Compliance (CoC). Members of the funeral industry undertook national strikes to voice these concerns and challenges. In March 2022, the National Health Department proposed a new version of the regulations. The government gazette (No. 46048) in which these regulations were published did not refer to Regulation 363 or its repeal and replacement, though this must be assumed because the document matches Regulation 363 in terms of layout and completeness, with only minor differences. This paper assessed if the proposed regulations were a response to the challenges experienced by the EFDs around current regulations. A parallel comparison of the old and newly proposed human remains regulations was conducted via a content analysis, to assess whether the proposed amendments could improve the sustainability of EFDs. The study found that the proposed regulation was more stringent than the current one. The struggling EFDs seem to have no chance of being compliant should this Regulation be tabled. Keywords: Funeral directors, Regulation 363, Human remains, Compliance, Participatory
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Nasution, Ali Imran. "KEABSAHAN PERATURAN DAERAH MEMASUKKAN PERATURAN BERSAMA MENTERI SEBAGAI DASAR HUKUM PEMBENTUKAN PERATURAN DAERAH." Jurnal Ilmu Hukum 9, no. 2 (August 27, 2020): 284. http://dx.doi.org/10.30652/jih.v9i2.7901.
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The purpose of this study is to analyze the legal basis for the authority to form Joint Ministerial Regulations and how the legality of Regional Regulations that incorporate Joint Ministerial Regulations as the legal basis for establishing regional regulations. The research method used is normative legal research with statutory approach and conceptual approach. The results showed that the establishment of a Joint Ministerial Regulation did not have attribution or delegation authority. Thus, according to the formal principle of the formation of statutory regulations, Regional Regulations that put Joint Ministerial Regulations as a legal basis for the formation of legislation are formally unlawful.
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Umar, Tariq, Nnedinma Umeokafor, Mohamed Shaik Honnur Vali, and Asad Zia. "A Comparative Study of Occupational Safety and Health (OS&H) Regulations in United States, United Kingdom, Australia, South Africa, and Oman." IOP Conference Series: Earth and Environmental Science 1101, no. 3 (November 1, 2022): 032016. http://dx.doi.org/10.1088/1755-1315/1101/3/032016.
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Abstract This article identifies the gaps in OS&H regulations in Omani construction using a critical review and analysis of relevant literature. Four countries United States of America (USA), United Kingdom (UK), Australia (AUS), and South Africa (SA) were then compared to Oman in relation to selected regulations. The study reveals fall from a height is one of the main causes of accidents in different sectors in Oman however there are no specific regulations that cover this cause of accidents in detail. The only regulation which applies to the “fall from a height” is the regulation of OS&H, issued by the Ministry of Manpower. Overall, the whole regulations applicable in Oman shows that although the term fall, appear several times in the regulation, the full spectrum of the fall protection is not covered in detail. The provision of chemical hazards in Omani regulations is not of the standards as adopted in the USA, UK, AUS, and SA. There is limited information for the regulated to support adequate compliance. While the term “scaffolding” was not found in the current regulations enforced in Oman, the term “ladder” was, however, used at five different instances in the regulations which obviously cannot substitute the scaffolding.