The existence of the Village Government in the perspective of Law Number 6 of 2014 concerning Villages is increasingly clear, it’s because the village is given the authority to manage and regulate its own household as known as the subsidiarity principle, while independence in managing governance in regional government is known as the principle of decentralization. This authority is given to realize the vision of the life of a prosperous and independent village government. But in the implementing regulations contrary to the concepts and principles of the establishment of the Village Law, there are several norms explicitly that village authority is still intervened by the government Supra Desa (Regional Government). The purpose of this study is to analyze the existence of village government. The results of this study recommend that there is a need for synchronization and harmonization between the regulations governing village authority, namely Law number. 6 of 2014 concerning Villages, Government Regulation Number 43 of 2014 concerning Implementation Regulations of Law Number 6 Year 2014 concerning Villages, and Government Regulation Number 60 of 2014 concerning Village Funds sourced from the State Budget.
The fact that more and more Islamic boarding schools are affiliated with terrorist groups such as ISIS, cannot be denied. The latest data submitted by BNPT states that there are at least 198 Islamic boarding schools exposed to radicalism, both those affiliated with the Anshorut Khalifah congregation, the Islamiyah congregation, and the Daulah Anshorut Jamaah. This fact shows that efforts to prevent the spread of radicalism and the eradication of criminal acts of terrorism are not completed only with national preparedness, deradicalization, and counter-radicalization. From these problems, the question of this research is how the pattern of the spread of radicalism that occurs in the Muhammadiyah Islamic boarding school in East Java. The method used in this research is Socio-Legal with an ethnographic approach. The purpose of this study is to understand and describe the pattern of the spread of radicalism in the Islamic boarding school environment, and how to anticipate it. Abstrak: Fakta bahwa semakin banyak pesantren yang berafiliasi dengan kelompok teroris seperti ISIS, tidak dapat dipungkiri. Data terakhir yang disampaikan BNPT menyebutkan setidaknya ada 198 pondok pesantren yang terpapar radikalisme, baik yang berafiliasi dengan jemaah Khalifah Anshorut, jemaah Islamiyah, maupun Jamaah Daulah Anshorut. Fakta ini menunjukkan bahwa upaya pencegahan penyebaran radikalisme dan pemberantasan tindak pidana terorisme tidak hanya dituntaskan dengan kesiapsiagaan nasional, deradikalisasi, dan kontra-radikalisasi. Dari permasalahan tersebut, pertanyaan penelitian ini adalah bagaimana pola penyebaran radikalisme yang terjadi di pondok pesantren Muhammadiyah di Jawa Timur. Metode yang digunakan dalam penelitian ini adalah Socio-Legal dengan pendekatan etnografi. Tujuan dari penelitian ini adalah untuk memahami dan menggambarkan pola penyebaran radikalisme di lingkungan pondok pesantren, dan bagaimana mengantisipasinya. Kata Kunci: Pesantren, Radikalisme, Terorisme.
This research underlines several problems related to the potential for corruption in social assistance (Bansos) provided by the Government through the allocation of the State Budget (APBN) and/or Regional Budget (APBD) to mitigate the economic impact and welfare of the community amid the Covid-19 pandemic. This research was intended to understand the role of Muhammadiyah as a civil society entity for the pattern of guarding the distribution of social assistance throughout East Java Province. The research approach used Participatory Action Research (PAR) and used socio-legal approach, which is an approach to control corruption based on community solidarity. The data collection was interviewed, FGD, and dissemination conducted online. Conclusions for this research are: (1). Corruption of the Covid-19 Social Assistance Agency is a serious threat and is detrimental to the Indonesian people who were severely affected by the pandemic, even though the Corruption Act has provided a serious threat to perpetrators of corruption committed during a disaster, with a maximum penalty of death; (2). The KPK-RI as the lead sector for corruption eradication in Indonesia can collaborate with various community groups on the agenda of eradicating corruption in Indonesia, especially the corruption of COVID-19 social Aid, through access to community-based reporting, and; (3). Participatory Action Research carried out by Muhammadiyah East Java residents is an effective step and a good example of how social entities are able to mitigate the potential for social assistance corruption of COVID-19 which is carried out both with a structural to cultural approach.
At the end of 2018, residents replanted the land with thousands of banana trunks. In January 2019, Pakel residents were reported by P.T. Bumi Sari; the police summoned 11 residents. In 2020, residents established a command post and planted it for six months. However, in 2020 PT BUMI SARI said it had pocketed the latest Right to Cultivate, which entered some of the villages included in their Right to Cultivate (HGU.). However, a copy document is not owned by the head of the town and residents in Pakel village. This research is a field research or empirical legal research. This research is intended to analyze about the reclaiming reclaiming carried out by the Pakel community, whether it is justified. Futhermore, this research also analyze whether PT Bumi Sari's control of land in Pakel village is against the law. This research concluded that reclaiming by Pakel residents is the right of Pakel residents as with the purpose of the formation of the Basic Agrarian Law (UUPA), which is to bring prosperity, happiness, and justice to the State and the people, especially to the peasants. Right to Cultivate of PT Bumi Sari does not comply with the laws and regulations stipulated in the UUPA. and Government Regulation of the Republic of Indonesia Number 40 of 1996 concerning Cultivation Rights, Building Use Rights, and Land Rights.
Pancasila legal system in Indonesia does not seem to have found a final formulation, it is still abstracted from the dominant legal system, namely civil law / rechstaat. In the 1945 Constitution it is clear that Indonesia promulgates as a legal state, although there is no implicit explanation of the legal system which is adopted (rechstaat, the rule of law or the Pancasila legal system), on the other hand Pancasila becomes the ideology and basis of the state, therefore there needs to be a formulation of the Indonesian legal system by deconstructing (reading; dismantling) the Pancasila ideology, so that the Pancasila is not only an ideology, but also as a legal system adopted in Indonesia. Pancasila can be placed in a prismatic postulate, where Pancasila is placed as a counterweight between existing legal systems, the Pancasila legal system can be used as an alternative legal system originating from noble values, legal systems relevant to plural societies are legal pluralism, namely common law configurations who uphold substantive justice, civil law that knows procedural justice, and the Pancasila legal system that upholds social justice. so that the substance of prismatic Pancasila law can be realized, namely justice as its purpose.
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