Public goods and services are delivered by the local administrations along with the central admin... more Public goods and services are delivered by the local administrations along with the central administration. The time for the central government to provide public services has increased in the face of increasing population and urbanization. The spending of local administrations within their own borders and the transfer of the authority to save on revenues to obtain the necessary resources for these expenditures has revealed the concept of financial localization. Because of service sharing was needed between the central and local administrations of the increasing public services. As a requirement of this service sharing, income and expense sharing came to the fore. While service provision gained importance in this sharing, a certain part of the spending and revenue collection authority was transferred from the central government to the local government. This delegation includes financial localization, assignment and spending allocation, revenue and resource sharing, financial transfers and borrowing. Since financial localization has gained importance in terms of public revenues and expenses, financial localization has been an important issue studied by thinkers throughout the ages. The theories created in this context are divided into two main periods as first and second generation theories. Important thinkers and ideas of these two periods are described in our study. Since financial localization remains important today, the study of the elements and theoretical approaches of financial localization has been made, and while the elements are being evaluated, the literature's contributions to the financial localization have been evaluated. The study is important in terms of revealing the theoretical back ground of the elements of financial localization. In the study, it was seen that each thinker made important contributions to the idea base of financial localization. It is stated that the common point of the first generation and second generation theories of financial localization is to ensure efficiency in resource allocation.
Proceedings of the 2018 International Conference on Energy and Mining Law (ICEML 2018), 2018
Mining activities are activities that have high potential to damage the environment and cause the... more Mining activities are activities that have high potential to damage the environment and cause the balance of ecosystems to be disturbed, then the reclamation and postmining activities have its own problems to be tested further. Forms of legal protection on mined land under the Minerals and Coal Act only impose administrative sanctions in the form of reprimands, suspension of activities and revocation of business licenses to holders of business licenses. While reclamation and post-mining are commonly done when mining activities are over, this makes legal protection for mining areas need to be found for legal certainty. Meanwhile, the Environmental Protection and Management Act as a legal umbrella on all environmental issues implicitly also regulates the same object as the Mineral and Coal Act, but gives different sanctions to the same deeds. Therefore it is a matter that needs to be found how the legal certainty of sanctions given in two different legislation but its hierarchical position parallel, and which agency who is in charge and responsible for the imposition of sanctions. The research method used in this research is Normative Law Research Approach with Statutory Approach (Statute Approach). This approach reviews laws and regulations as the main point of analysis in reviewing and discussing legal issues. Through this Legislation Approach, the Author examines this research by looking at legal uncertainty and legal intersections in a legal event. Comparisons of sanctions in the Minerals and Coal Act with the Environmental Protection and Management Act on the same object shall be conducted in accordance with the prevailing laws and regulations prevailing in Indonesia.
Public goods and services are delivered by the local administrations along with the central admin... more Public goods and services are delivered by the local administrations along with the central administration. The time for the central government to provide public services has increased in the face of increasing population and urbanization. The spending of local administrations within their own borders and the transfer of the authority to save on revenues to obtain the necessary resources for these expenditures has revealed the concept of financial localization. Because of service sharing was needed between the central and local administrations of the increasing public services. As a requirement of this service sharing, income and expense sharing came to the fore. While service provision gained importance in this sharing, a certain part of the spending and revenue collection authority was transferred from the central government to the local government. This delegation includes financial localization, assignment and spending allocation, revenue and resource sharing, financial transfers and borrowing. Since financial localization has gained importance in terms of public revenues and expenses, financial localization has been an important issue studied by thinkers throughout the ages. The theories created in this context are divided into two main periods as first and second generation theories. Important thinkers and ideas of these two periods are described in our study. Since financial localization remains important today, the study of the elements and theoretical approaches of financial localization has been made, and while the elements are being evaluated, the literature's contributions to the financial localization have been evaluated. The study is important in terms of revealing the theoretical back ground of the elements of financial localization. In the study, it was seen that each thinker made important contributions to the idea base of financial localization. It is stated that the common point of the first generation and second generation theories of financial localization is to ensure efficiency in resource allocation.
Proceedings of the 2018 International Conference on Energy and Mining Law (ICEML 2018), 2018
Mining activities are activities that have high potential to damage the environment and cause the... more Mining activities are activities that have high potential to damage the environment and cause the balance of ecosystems to be disturbed, then the reclamation and postmining activities have its own problems to be tested further. Forms of legal protection on mined land under the Minerals and Coal Act only impose administrative sanctions in the form of reprimands, suspension of activities and revocation of business licenses to holders of business licenses. While reclamation and post-mining are commonly done when mining activities are over, this makes legal protection for mining areas need to be found for legal certainty. Meanwhile, the Environmental Protection and Management Act as a legal umbrella on all environmental issues implicitly also regulates the same object as the Mineral and Coal Act, but gives different sanctions to the same deeds. Therefore it is a matter that needs to be found how the legal certainty of sanctions given in two different legislation but its hierarchical position parallel, and which agency who is in charge and responsible for the imposition of sanctions. The research method used in this research is Normative Law Research Approach with Statutory Approach (Statute Approach). This approach reviews laws and regulations as the main point of analysis in reviewing and discussing legal issues. Through this Legislation Approach, the Author examines this research by looking at legal uncertainty and legal intersections in a legal event. Comparisons of sanctions in the Minerals and Coal Act with the Environmental Protection and Management Act on the same object shall be conducted in accordance with the prevailing laws and regulations prevailing in Indonesia.
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