bluuebunny/crossref_metadata_2025 huggingface dataset:
KEBIJAKAN PERTANAHAN DALAM UNDANG-UNDANG NOMOR 25 TAHUN 2007 TENTANG PENANAMAN MODAL
Authors: Hutagalung Arie
Published: July 2017

AbstrakThe author presents the current issue on Indonesia land policy situation andthe impacts of the new investment law under law number 25 year 2004. Themain problems are on the controversy (disharmony) through the investmentlaw perspectives on the land right duration that then has been decided (byConstitutional Court of the Republic Indonesia) as constitutional violations.Then the method of land right to be granted had been revised under theconstitution court decision and deemed the stipulation in article 22 ofinvestment law have no legal binding and regarded have no effective power.This is reflection on more picture of developing country in law policy whichmostly embarks on situational need and/or by foreign pressures that theneasily disobey another specific norm in current effective law. This articlebares how disharmony was happened between investment law to agrarianlaw in Indonesia.
METODE PENGALIHAN KREDIT SINDIKASI
Authors: Nefi Arman , Warman Adi
Published: July 2017

AbstrakLoan syndication assignment exists in secondmy market. Assignment is alegal means to solve liquidity problem or risk management. There areseveral methods of loan syndication transfer namely, assignment, novation,sub partcipation, subrogation, and cessie. Assignment and participation arethe methods of loan syndication transfer originated from common lawsystem. Novation is a method of loan syndication transfer which is known incommon law and civil law system as well. Cessie is a method of loansyndication transfer which has a deep root in civil law tradition. All of loansyndication methods are used in secondary loan syndication market. Theyhave different characteristics and {egal implications.
PERANAN VISA ON ARRIVAL (VOA) BAGI ORANG ASING YANG DATANG KE INDONESIA
Authors: Sudini Luh Putu
Published: July 2017

AbstrakThis article does elaboration regarding the Rl government policy on alliedentrance into national territory during their visi{ The visa on arrival policyis granted in the immigration (Custom) check points or another entry pointswhich has been declared under Decree of the Ministry of law and HumanRight of the Rl No. M-04 .1Z01.10 year 2003, regarding Visa on Arrival(VOA). Then after for allied who would visit to Indonesia can seek theirVOA at Indonesia 's harbour or airport where their arrival. It becomessimply ways to get visa for their entry to Indonesia for their various tourism,business activity or just transit needs. Shortly, under that policy either alliedor Indonesian goverment would get advantages merely for easy beraucracyand convenience entry with also devisa earning as primary consideration
ELECTRONIC COMMERCE IN THE INTERNATIONAL TRADE AND THE IMPACT ON INDONESIA
Authors: Setiawati Wenny
Published: July 2017

AbstrakThis paper abserves the development in the discussion of e-commerce as across cutting issue in WTO and how the issue affected Indonesia primarily inthe information and communication technology (ICT) area. The explorationwill focus on e-commerce discussion and the progress starting from the FirstMinisterial Conference to the Fifth. The observation will also broaden to allrelated issue of the topic in this research, such as intellectual property rightsand ICT Under the author analysis, there is one thing that Indonesiangovernment can take advantage, the joining in Information TechnologyAgreement (ITA). Because ITA was, establish in the purpose of encouragingnations to develop their ICT so there will be development in the ICT in orderto create of fair competition. The encouragements were given in the form ofreducing custom and duties on technology used for ICT More authoropinion that Indonesia must see ITA as the facility in building up the ICT inthe country, despite the debate on the categorization of e-commerce, whetheras good or service. Indonesia must take an immediate step redeem necessaryto compete in the globalization of commerce, and maximizing the ICTdevelopment through available facility is one possible step right now.
PEMAKZULAN (IMPEACHMENT) PRESIDEN DALAM PERSPEKTIF HUKUM TATA NEGARA
Authors: Gunawan Winarno Adi
Published: July 2017

AbstrakThis article provides explanation concerning the recent issue in Indonesiapresidential institution that always becomes interesting research anddebates. Focus of the author here is embarked on the presidentialimpeachment that has effective since post reformation in early secondmillennia. It has become most of debates and regards under the newly thirdamendment stipulation of the Constitution (UUD R1 1945). The issuesregarding presidential impeachment have more clarification about itreasons, phase, and certain procedure to impeach the president and/or thevice president during their periods. The fundamental raison d'etre ofpresidential impeachment is by their legitimating vanished which resulted bytheir act and conduct have violated laws either criminal and constitutionallaw violation including their oaths.
INSTRUMEN EKONOMI ATAU PRIVATISASI PENGELOLAAN LINGKUNGAN? KOMENTAR ATAS RUU JASA LINGKUNGAN
Authors: Wibisana Andri Gunawan
Published: July 2017

AbstrakIndonesia 's Regional Representatives Board is planning to submit a Bill onenvironmental services. The Bill proposes the establishment of a newinstitution in managing environmental service fund, which is collectedthrough a user-charge system. This new institution is expected to be anindependent Commission of Environmental Funds Management, of whichcommissioners are responsible only to the President. The author finds thatthe spirit of the Bill has nothing to do with the needs to implement economicinstruments in terms of user charge. Instead, the Bill stems from the needs toprivatize public goods such as environmental services. The spirit can be seenin the forms of reference to Hardin's "the Tragedy of the Commons ", inwhich public goods are considered a form of inefficiency in the allocation ofresources that will eventually lead to the overexploitation of the goods. Inaddition, the spirit of privatization can also be seen in the Bill's proposal tohand over the tasks of the Commission, which include planning, execution,and monitoring, to private entities. The author argues that, with such spiritof privatization in the management of natural resources, the Bill is actuallyinconstitutional, and hence, should be rejected.
REGULATING THE AUSTRALIAN LEGAL PROFESSION THE LAW SOCIETIES AND BAR ASSOCIATIONS
Authors: Fleming Don
Published: July 2017

AbstrakThis article does figure on the legislation progress of Australian legalprofession. The change itself has been started during past 20 years underexternal force of law society. After in decade of 1990 progress that notSignificantly changes result in effect by not suffiCient support from allgoverments. But in the last progress has come from national government toliberate the legal services market from the inconsistencies of the previoussystem of State and Territory based regulation. It 's aimed to pull ofAustralian economy perspective by efficiency and national coherent marketfor legal services. On the author thought the recent change in the law reformwas triggered by legal profession (Law Council of Australia) as majorcontributor that be encouraged by larger commercial firms.
PENYELESAIAN PERSOALAN TANAH PERKEBUNAN DALAM PERSPEKTIF SOCIO LEGAL (STUDI PADA BEBERAPA PERKEBUNAN DI JAWA TIMUR)
Authors: Koeswahyono Imam
Published: July 2017

AbstrakThe author publishes his research report concerning plantation landproblems. The research is aimed to result clarifications how far theresolution to accomplishing plantation land disputes. Study has been done tofind correlation between one of the land reform programs by landredistribution model and plantation land disputes. To giving accurate dataand touching the focus study the author use socia-legal methods and by fieldobservation in land dispute areas where located. The analysis is also madeon corporate social responsibility angle to detect it effectiveness on landdispute reduction in conflict area both in effective plantation and ineffectivearea. The research is also purposed to give alternative concept for bettermodel on plantation lands management in the future.
GANTI RUGI KEPEMILIKAN HAK ATAS TANAH MASYARAKAT KABUPATEN SIDOARJO AKIBAT PENCEMARAN LINGKUNGAN OLEH PT. LAPINDO BRANTAS
Authors: Warsini Nini
Published: July 2017

AbstrakThis article publishes a tight research regarding the current issue on muderuption that has happened in oil drilling area in Sidoarjo District, east java.The company that did business has influenced environment destruction andpeople suffered. The research itself is conducted by normative (library) legalresearch to propose about three problems. The author concerns are about itscompensation payment on defected lands and holV that payment be executedalso embarks regarding responsibility of government. This research becomesone of many legal researches done to offering more figure legal enlighteningthrough the case known as enormous environment disaster after priortsunami was happened in Indonesia. Analyze gives focus on land lawperspective about land loss and its just compensation.
IN MEMORIAM PROF. MR. DR. SUDARGO GAUTAMA
Authors: Oppusunggu Yu Un
Published: July 2017

Tanpa banyak pemberitaan, pada hari Senin 8 September 2008 diPerth, Australia telah berpulang salah seorang yuris terbaik yang pemahdimiliki oleh Indonesia, Prof. Mr. Dr. Sudargo Gautama dalam usia 80 tahun.Prof. Gautama, yang memiliki nama Tionghoa Gouw Giok Siong, sampaidengan akhir hayatnya adalah Guru Besar Luar Biasa di Fakultas HukumUniversitas Indonesia.
LARANGAN PRAKTEK MONOPOLI DAN PERSAlNGAN USAHA TIDAK SEHAT PENGECUALIAN-TERHADAP BADAN USAHA KOPERASI
Authors: Wirana Andjar Pachta
Published: July 2017

AbstrakThis article elaborates two law discourses regarding cooperative (koperasi)status and anti monopoly restriction. Under the Constitution of the RepublicIndonesia the cooperative as people business lInit is facilitated by economicpolicy. The policy has been aimed to delivery wider portion througheconomic system which closes to people. It has been known as peopleeconomic system with motlo wider spread and national democratic economy.The author concedes to giving any exclusion to cooperative disregardstoward anti monopoly law. Exclusion itself is explicitly reflected any legalprotection from the State to people economic. It protection by shields andgives opportunity for cooperatives and small business units to develop andbecomes strong in their business proportionally.
HUKUM KONSTITUSI SEBAGAI SUATU ILMU
Authors: Riyanto Astim
Published: July 2017

AbstrakThe Law of the Constitution as a science, because all of qualification of aknowledge become a science that self-exist was folfilled. Qualification of aknowledge become a science that self-exist meant, that are to has self-objectstudy, has self-method, has utilities value, systematic piled up, logicdissection, has the character of universal, has special senses, and issupported by their experts/ scholars. The Law of the Constitution as ascience, its the way is begun from investigation of Aristotle (384-322 B.C.) to158 constitutions city states from 186 city states ancient Greece. The result ofinvestigation, he is poured out in a book of Politics. There are four chaptersthat in connection with constitution form eight chapters of the book. Then,the result of Aristotle 's investigation, 23 centuries moreover was faithfulledby Albert Venn Dicey (1835-1922) in a book of An Introduction to Study ofThe Law of The Constitution (1885). Concerning books the others aboutconstitutions that was written by their authors more give a shape of Bases ofThe Law of The Constitution than scientific of The Law of the Constitution.In 2007 or 122 years later (1885-2007), through presentation a paper thatthe title is The Law of the Constitution is a part of Constitutional Lmv, Ideclare The Law of the Constitution as a science, that self-exist with name isScience of The Law of the Constitution.
KEBIJAKAN REKLAMASI PANTAI DAN LAUT: IMPLIKASI TERHADAP HAK MASYARAKAT PESISIR DAN UPAYA PERLINDUNGANNYA
Authors: Kalalo Flora Pricilla
Published: July 2017

AbstrakThe purpose of this research is to know of the implication of coastal and seareclamation towards coastal peaple and to know the available efforts ofprotection as well as protection that should be pel/ormed. By benefitingprimary legal materials such as legislation regulations and internationalconventions as well as secondary legal materials such as text books, courtdecisions, experts' opinion, research results, journals, internet sources andnon-legal materials, it can be concluded that coastal and sea reclamationpossessed urgent implication on the coastal people's rights so protection isnecessary towards the coastal people through the establishment of specialact concerning coastal and sea reclamation, arranging the reclamationcomprehensively, comprising the adat law community, local as well as urbancommunity rights, also regulating the requirements, planning, performing,protection and/or compensation of the people as well as ordering conservingthe function of the environment.
PEMBALIKAN BEBAN PEMBUKTIAN DAN IMPLEMENTASINYA DALAM PEMBERANTASAN TINDAK PIDANA KORUPSI DI INDONESIA
Authors: Effendy Marwan
Published: July 2017

AbstrakReversal burden of proof is one of several developing legal doctrine'sregarding criminal procedure law areas, under the law No. 31 1999 yearconcerning against corruption (amended by law No. 202001 year and LawNo. 30 2002 year concerning Commison Against Corruption) hascaracterized combination betwen balanced burden of proof and absoluteburden of proof where the burden of proof not only applicable for corruptioncrime and is placed to the accused front of the court, but is ordered toattorney too beside is burdened to civil servant or state executive out ofcourt.
MENEGAKKAN HAK ASASI MANUSIA, MENGGUGAT DlSKRIMINASI
Authors: Lubis Todung Mulya
Published: July 2017

AbstrakReformation steps must be seen as part of change that 's happened ininternational sphere where democracy and human rights been become newcivilization pillar. Under that milieu then the author reasons might not hideseveral sensitive problems on ethnic, race and religion (SARA). Reformationitself that's believed would delivery freedom from prior alllhoritarian regimebut also has raised another authoritarian in fimdamentalism form.Discrimination as target to annihilate in recent time has change into manyprivilege been asked for local (native) person also by their nepotism. Theauthor submits moralistically approach why more sophisticated to buildhuman rights consciousness. Constitutional legitimating has been stipulatedto make lndonesiafree from discrimination that still has strong roots
PEMBERANTASAN KEJAHATAN KORUPSI DALAM RANGKA PROSES PENYESUAIAN DENGAN KONVENSI PBB ANTI KORUPSI
Authors: Sekarmaji Aji
Published: July 2017

AbstrakUnited Nation Convention Against Corruption (UNCAC) made impact toprocedural enforcement against corruption in Indonesia. This paper explainabout fact happened in practice with law enforcement against corruptionwhere Indonesian Government has been ratified the covention For real,there are found that the article and section in UNCAC have exist at someIndonesian regulation concerning crimes and procedural law. So, sometimesit's look likes useless if comparing to Uniled Kingdom Government actionCause in United Kingdom international convention or treaty is not part oftheir law.
PROSPEK PENERAPAN PP NO. 35 TAHUN 2007 SEBAGAI PENGATURAN INSENTIF PERPAJAKAN UNTUK MENDORONG PENINGKATAN R&D
Authors: Prastyo Brian Amy
Published: July 2017

AbstrakThis article elaborates on tax incentive for research and development area.In recent government policy of the Republic Indonesia has governed underthe Government Regulation number 35 year 2007. The author deems thatthat regulation has some fundamentals weakness. The policy toward taxincentive commonly should make corporation can save in huge amount. Thataspect is also contained disadvantage to be abused. Hence abuse throughduty free privilege could happen like on imported goods selling which isimported by that privilege abuse in domestic market. Under the author sightsthen government ought to launch any exclusive policy for certain companythat has significant program to conducting research and development. Thenthe author advises to protect that policy also must be secured by worthysystem of incentive's application will be approved to the right one only
METODE REASURANSI QUOTA SHARE TREATY DITINJAU DARI HUKUM PERJANJIAN
Authors: Adhitama Randitya Eko
Published: July 2017

AbstrakThis essay discusses the methods of quota share reinsurance treaty review ofthe applicable treaty law in indonesia. Writing this essay aims to find outlegal protection for client (Insured) when an insurance company (insurer) ismaking a reinsurance agreement with the company by using the methods ofquota share treaty, subject to sanctions such as Feezing efforts by theregulator and the responsibility for the insurance company (insurer) inviolation of the clause "claim cooperation clause" which are listed in thereinsurance agreement with the method of quota share treaty in handlingclaims. This research is using the literature research and field research.Results of this study suggest that the government create more regulations tohandling claims and required a special institution that can protect the rightsof customers in the consumer services in the areas of insurance
RESTORATIVE JUSTICE SEBAGAI ALTERNATIF PERLINDUNGAN HUKUM TERHADAP KORBAN KEKERASAN DALAM RUMAH TANGGA
Authors: Yulia Rena
Published: July 2017

AbstractThe victim of domestic violence had needed of protection concept thatdifferent with another victim of violent crime. Participation of victim haswant to give justice for all. It is, because punishment to offender brings theimpact for victim. Restorative justice is a concept in criminal justice systemwhich is participation victim with it. The present of criminal justice system isthe offender oriented. Victim has not position to considerate offenderpunishment. Only offender can get the right and the victim hopeless. In thedomestic violence, victim and offender have relationship. Because there area family. · So, probability they have some interest in economic and relation.When wife become a victim and husband as offender, his wife hasdependency economic from her husband. It means, if husband get a decisionfrom judge, his wife will be suffer. Domestic violence is different crime. So, itis necessQ/y to made some different concept. In this article, will discussedabout alternative of legal protection for victim of domestic violence incriminal justice system to protect the victim
HUKUMAN MATI PASCA PUTUSAN MAHKAMAH KONSTITUSI
Authors: Lubis Todung Mulya
Published: July 2017

AbstrakThe criminal conduct is not only focused on the criminal law but also insociology aspect can be observed as economic, politic and psychologyaspects. Under those reflections then the author reasons that dead sentenceapplication to the criminal actor therefore resulted injustice that alsoforcible. Like murder that has ojien occurred by poverty or neurosis. Underthe author thoughts on punishment concept that has been created iscorrection that contained education and re-socialization aspects. Those allare shown that dead sentence aims to result deterrent not be allained. In theinternational fora under United Nations Organization program at 1971 and1977 has been intentioned to abolish dead punishment had got positiveresponds. More regards are come from European countries who graduallyadopted in to their "European Convention for the Protection of HumanRights and Fundamental Freedoms ". Under the convention dead punishmentabolishment initially is applied on dead sentence in peace time
TINJAUAN ATAS PERMASALAHAN YANG TIMBUL DALAM PENEGAKKAN HUKUM PERSAINGAN USAHA
Authors: Sekarmaji Aji
Published: July 2017

Kepastian hukum sangat mempengaruhi iklim berusaha di Indonesia, hal ini perlu menjadi perhatian berbagai pihak untuk mengharmonisasi dan mensinkronisasikan pengaturan di dalam Undang-Undang No. 5 Tahun 1999 dengan berbagai ketentuan dalam hukum acara yang berlaku di Indonesia. Tanpa dilakukannya hal ini cepat atau lambat akan mempengaruhi investasidalam maupun luar negeri, yang mana kepastian hukum merupakan hal pertama yang menjadi alasan investor untuk menanamkan modal dan berusaha di Indonesia. Peranan KPPU sangatlah sentral dan dibutuhkan dalam menjalankan tugas dan fungsinya sebagai pengawas pelaksanaan Undang-Undang No. 5 Tahun 1999, tetapi dalam pelaksanaannya hendaknya KPPU tidak menabrak ketentuan-ketentuan yang sebelumnya telah ada dalam penegakan hukum.Oleh karena itu, pada prinsipnya penyempurnaan dari Undang-Undang No. 5 Tahun 1999 sangatlah penting apabila melihat praktek penegakkan hukum persaingan usaha di Indonesia yang telah berusia 10 tahun ini. Pengaturan yang ketat dan tegas terkait dengan hukum acara persaingan usaha akan menciptakan keadilan, kepastian hukum dan kemanfaatan bagi NegaraIndonesia ini yang pada akhirnya akan meningkatkan perekonomian Negara.
CORPORATE CONTROL TRANSACTION IN ACQUISITION UNDER THE INDONESIAN LAW
Authors: Kairupan David
Published: July 2017

Acquisition has been extensively regulated in the Indonesian Company Law and various implementing regulations. In general acquisition denotes a purchase of all or substantial shares of a company resulting in transfer of control of the company. However, the regulatory concept of share purchase transaction in acquisition has developed into the concept of corporatecontrol transaction. This paper observes to what extent the Indonesian corporate legislation regulates the corporate control transaction, in particular in the securities or capital market regulations.
PEMBAHARUAN MAKNA ASAS LEGALITAS
Authors: Christianto Hwian
Published: July 2017

Keberadaan asas-asas hukum di dalam suatu bidang hukum sangat penting mengingat asas-asas hukum inilah yang menjadi dasar dan pedoman bagi perkembangan setiap bidang hukum agar tidak menyimpang. Di dalam hukum pidana sendiri keberadaan asas hukum ini di tegaskan sebagai suatu upaya agar peradilan pidana di batasi kesewenang-wenangannya dalammenentukan ada atau tidaknya perbuatan yang dilarang. Roeslan Saleh menegaskan tujuan utama dari asas hukum ini untuk “mengnormakan fungsi pengawasan dari hukum pidana”2 itu sendiri agar jangan sampai di salah gunakan oleh Pemerintah (pengadilan) yang berkuasa. Dari sini timbullah asas-asas hukum pidana seperti asas legalitas yang menghendaki tidak adaperbuatan yang dapat di pidana kecuali berdasarkan ketentuan perundangundanganpidana yang ada sebelum perbuatan itu dilakukan, asas kesamaan menghendaki adanya penghapusan diskriminasi proses peradilan, asas subsidiaritas, asas proporsionalitas dan asas publisitas.
PERATURAN HUKUM PERBURUHAN DAN SIKAP PENGADILAN: TARIK-MENARIK ANTARA KEPENTINGAN INVESTOR DAN KEPENTINGAN BURUH
Authors: Khoiri Syamsul
Published: July 2017

Perkembangan hukum perburuhan di negara-negara industri awal dan pelopor, terutama dicirikan oleh kolektivitas dan oleh perlindungan yang terus berkembang terhadap buruh. Secara konseptual ia berangkat dari pengandaian adanya relasi asimetris antara buruh dengan majikan, dan karenanya perlu campur tangan negara untuk melindungi buruh yang akan selalu lebih lemah posisinya di hadapan modal dan majikan. Dalam konteks inilah hukum perburuhan memiliki sebuah panggilan untuk mendorong perbaikan sebuah problem sosial subordinasi terhadap buruh yang manifest di dunia kapitalisme modern. Hukum perburuhan juga dapat menjadi arena yang menjanjikan untuk dilaksanakannya proyek transformatif, guna memperkenalkan norma-norma demokratis dan partisipatoris ke dalam ruang privat dunia korporasi dan pasar
KATA MENUNTUT ATAU VORDEREN DALAM PASAL 1156 AYAT (1) KUHPERDATA ADALAH SUATU UPAYA HUKUM PERMOHONAN (SUATU PEMAHAMAN DASAR DAN MENDALAM)
Authors: Anggoro Teddy
Published: July 2017

Pemahaman mutlak atas suatu ketentuan perundang-undangan adalah suatu prasyarat untuk tercapainya keadilan, kepastian dan kemanfaatan dari keberlakuan suatu hukum. Terkadang dalam satu ketentuan pasal peraturan perundang-undangan, bahkan satu kata dalam pasal, dapat terjadi perbedaan pemaknaan antara orang yang satu dengan orang yang lain. Oleh karena itu, didalam doktrin ilmu hukum dikenal suatu cara untuk mengetahui makna suatu ketentuan peraturan perundang-undangan, yaitu dengan melakukan penafsiran terhadap ketentuan tersebut.
PERESEPAN DOKTER: ORGANIZED CRIME?
Authors: Budianto Agus
Published: July 2017

AbstractCultural behavior among physicians with pharmaceutical companies that harm the patient in the case of a prescription can be criminalitations when culture is done in organized, structured, and continue to cause victims. Culture is also an act mala per se and meet the elements of actus reus and mens rea.
ANAK NAKAL: DIVERSI DAN DILEMA PENERAPANNYA
Authors: Zulfa Eva Achjani
Published: July 2017

AbstrakHandling problems through brat children and children who have problems with the law have occurred again when some kids sticking a gamble being arrested at near Soekarno Hatta Airport areas then processed into the judicial process. Diversion is a form of change the process by which a program can only take place on hold pre-adjudication in the criminal justice system. Forms of transfer or diversion of this case are indeed associated with the authority possessed discretion of law enforcement officers. Giddiness has appeared in the process of implementation of diversion by law enforcement officials, the search for forms of application of the criminal case handlingchild has become a growing discourse management. Policy taken toward the institution of criminal diversion not only becomes demand for law enforcement officers, but also must be institutionalized through plain legal mechanisms. It becomes author's concern to create more certain procedures to brighten solve on deviant children in this way
CATATAN SINGKAT MENGENAl KEDUDUKAN MPR SESUDAH PERUBAHAN UUD 1945
Authors: Fatmawati Fatmawati
Published: July 2017

AbstractThe amendment of UUD 1945 has created MPR as an independent chamber, as well as DPR and DPD. As a result, the structure of Indonesian parliament is considered as tricameral. Nevertheless, with its own chamber in one side and authority that apparently could not be continously exercised on the other side, the position of MPR has to be re-analysed.
PERLINDUNGAN HUKUM BAGI PENDIDIK DAN TENAGA KEPENDIDIKAN PADA JALUR PENDIDIKAN NON FORMAL (PTK PNF) MELALUI LKBH
Authors: Nurtjahjo Hendra
Published: July 2017

AbstrakProviding legal assistance and protection of PTK PNF profession in the field currently run by some LKBH (Institute Consultation and Legal Aid) is appointed by the Directorate of PTK PNF, the Ministry of National Education. At the pOint of formal education, teachers and lecturers, it wasclear the program and the protection of lawful rights, whereas in non-formal education, legal protection mechanisms just have recently established Recognizing (identification) and collected cases faced by PTK PNF is an important step would be to run the initial efforts for their legal protection. Then, as a guideline for assignment LKBH protection is needed also explain the mechanism of the flow chart handling cases/matters concerning the profession PTK PNF. With how to recognize and understand the case and see the flow chart case handling mechanism, it will be easier LKBH run its activities in protecting the legal rights of PTK PNF profession
PERAN MAHKAMAH KONSTITUSI DALAM MENJAMIN HAK KONSTITUSIONAL WARGA NEGARA PADA PROSES DEMOKRATISASI DI INDONESIA
Authors: Hikmah Mutiara
Published: July 2017

AbstrakThe Constitutional Court as the judicial authority is responsible for maintaining the constitution directly and participates in strengthening the rights of human rights. This is drawn directly from the nature of the understanding that the constitution itself as a political document that protects the rights of human rights of every citizen and people who live in the country. This began the constitutional functions of the most essential are the first, limiting the powers contained in the constitutional scheme of a nation, and second, to formulate protection constitutional rights of the citizens and the rights of human as a whole. That is why the role of the Constitutional Court directly correlated with the significance of the role of enforcement agencies of human rights in terms of "norms control". Embodiment of constitutional and judicial review is examining through compliance with the norms of the constitution messages that cannot be separated from the ·universality of normative messages of human rights.
INDONESIA'S POSITION BASED ON THE AUSTRALIAN ASEAN NEW ZEALAND FREE TRADE AGREEMENT AND ITS IMPACT FROM A BUSINESS LAW PERSPECTIVE
Authors: Gunadi Ariawan
Published: July 2017

AbstractIndonesia as one of the major countries in South East Asia acts as aprominent business center between the East and the West. Business activitiessoon attract the attention of other countries in similar geography to share thewealth such as Malaysia, Filipina, Myanmar, Cambodia, Singapore,Vietnam, Thai/and, Laos, Myanmar and Brunei Darussalam. However, theinternational society would have to face the import taxes that impedesf oreign goods from flowing into state member' market. Australia and NewZealand as a fellow business partner then proposes the Australian AseanNew Zealand Free Trade Agreement (AANZFTA) to the Association of SouthEast Asian Nations (ASEAN) that allows members to conduct free tradeamong them in almost every sector, including goods, services, investment,intellectual property and new issues (Singapore Issues). However theagreement is suspected by some parties to condone a subtle form of liberaleconomy that may allow Australia and New Zealand to influence the nationaleconomy of the weaker state, not mentioning endangering ASEAN'bargaining position in the World Trade Organization. This article attemptsto explain the position of Indonesia 's economic sovereignty by signing theAANZFTA which imposes several clauses affecting the economic activity andhow will the agreement bring impact to Indonesia 's national economy offrom a business law perspective.
CONSITUTIONAL QUESTION (MENYOAL KONSTITUSIONALITAS PASAL TENTANG PENGEMIS KUHP PASAL 504 AYAT (1) DAN (2)
Authors: Isrok Isrok
Published: July 2017

AbstrakHuman rights, as literated in constitution, described that "every people havethe social rights which is make the people able to develop theirselves totally,as the dignity people ". Besides, it is !iterated in the constitution, which isrelating with the social prosperity, "poors and abandoned children areprotected and cared by nation. The case abaut twelve jakarta's persons whobeing arrested, who give a gift to the beggars coordinators was chased andfive beggar connectors arrested, then been judged are incidents that bringpro and contra in opinion. Judge, as one of four law enforcers, in judgingsame chase which is clearly !iterated in the constitution law norm(regulation) has to be the foundation in his decicion, the judge must discover,fallow and understand the value and justness sense in the society. But, ifther 's same case that make the judge tesitate abaut the exiting regulation,then he may have a constitutional question. Constitutional question is theregulation testing which is dealing with same case, the constitutionalquestion is needed to extend the supremacy of the law and peoplescontitutional rights protection. Is same countries, like Germany, Croatia,Australia, and others countries, constitutional question is under the authorityof constitutional court, what about in Indonesia?
INVESTIGASI PENDEK ATAS KESEJARAHAN TEORI HUKUM, SELAKU DISIPLIN YANG MENGEMBAN MISI TEORETIKAL BIDANG HUKUM
Authors: Endah Rahadjeng
Published: July 2017

AbstrakThe work of Hans Kelsen which is known as "The Theory of Pure Science ofLaw" different from that of the Theory of Jurisprudence or in Dutch as"Alegemeine Rechtleer ". He desires to create a pure science of law, strippedfrom all irrelevant, and to separate jurisprudence from the social sciences.Kelsen refuses to define law as a command, for that introduces subjectiveand political considerations and he wishes his science to be truly objective.He wishes to separate the Realm of Jurisprudence from that of NaturalScience, the latter deals with couses and effects. Law and the State one reallythe same thing envisaged from different aspects. A legal order becomes aState when it has developed organs for the creation, declaration, andenforcement of law. When we look at the abstract rules we think of the legalorder, when we examine the institutions by which law is put into effect wethink of the State. But it is merely looking at the same thingfrom two angles
PERAN BADAN PEMERIKSA KEUANGAN DALAM SISTEM KETATANEGARAAN INDONESIA
Authors: Bahar Ujang
Published: July 2017

AbstractThe Supreme Audit Board is the highest state institution which has the dutiesto conduct audit and render the responsibility for the state financialmanagement discretely freely and independently as mandated by the 1945Constitution. However, in the implementation of its duties, the discretion andindependence have not been achieved as expected. It is evidenced by themethod used in selecting the members of the Board as specified by the Houseof Representative (DPR) which is politicized and full with political aroma,i.e. selecting own friends. In other words, there is a hidden agenda at theHouse of Representative (DPR) and/or political parties who conducts theselection, The hegemony of the political parties in the Supreme Audit Boardwill distort the preliminary objectives of the establishment of the Board.Therefore, a concern arises that such practice will flourish the corruption,collusion and nepotism in the state financial management in the future. 1nresponding to such allegation, the members of the Supreme Audit Boardshall be able to prove that they are free from political intervention and theconflict of interest with political parties. They shall be able to make theBoard to be a respected government institution. The results of the audit shallbe excellent so as to create a modern and civilized financial community. TheBoard shall be able to synergize and establish good cooperation with otherlaw enforcing bodies such as police, attorney office and corruptioneradication commission. The Board shall be able to play its main role increating a good governance so as to avoid any conflict of interests among thestate institutions as occurred in the past.If this can be realized, then, theSupreme Audit Board will become a reliable and internationally recognizedboard.
HAK CIPTA BUKAN HANYA COPYRIGHT
Authors: Sardjono Agus
Published: July 2017

AbstrakUnder his research the author does elaboration through Hak Cipta andcopyright in clearly by those history and implication in practice. This articleannounces that hak cipta is not copyright eventhough in the inside of hakcipta contained copyright. Hak cipta itself under that history has been trulyas revision of copyright doctrine in England. That revision movement washappened in Europe continent under doctrine of justice (of natural law)which says that protection ought to be given to the inventor not tocorporations that based on copyright. Then later in implication is not truethat corporations aim to taking over all of inventor right even under specificcontract. The author convinces that right shall not be alienated from theinventor basedfreedom of contract principle.
ANALISIS TERHADAP KONTROVERSI RANCANGAN PERATURAN PEMERINTAH TENTANG TATA CARA INTERSEPSI YANG SESUAI HUKUM (LAWFUL INTERCEPTION)
Authors: Makarim Edmon
Published: July 2017

Interception can be translated to all measures to intercept or obtain theinformation either in oral or electronic form, either in the form of online andoffline. In other words interception or wiretap is actually an attempt to do asearch and seizure to access and obtain information that is communicated bythe parties. In the development, provision of technical standards is referringto the European intercept Technical Standards Institute (,ETSI,) and also theAmerican National Standards Institute ("ANS!"). Need to be observed thatprior to the UUITE, the process of tapping an legal umbrella to theprovisions in the Telecommunications Act. However, the paradigm of"tapping" with "recording" information is actually two different things
PENYELESAIAN SENGKETA BISNIS DI LUAR PENGADILAN ANTAR WARGA SUKU SASAK DI PULAU LOMBOK
Authors: Abdullah Idrus
Published: July 2017

AbstrakThis study took place within the entire autonomous region on the island ofLombok, which is in West Lombok regencylcity of Mataram, LombokCentral, and East Lombok District. Perhatan focus of this research is to findanswers to "how the people on the island of Lombok, Sasak tribe resolvetheir business disputes, the procedures undertaken, and the legal rules thatare used", a series of problems to study. From the resuit, obtained by thefindings that show the models out of court settlement of disputes betweenfellow citizens Sasak, including debt-related accounts, buying and sellingcars, buying and selling of precious metals, with reference to the local values(the customs, habits, tradisis-traditional, religious values) are used as termsof reference the parties dispute to end the disputes. Results showed processfast, simple, easy and cheap that is based on principles of fairness,deliberation, the agreements that were led by religious leaders, communityleaders as mediators. In this circuit, the parties dispute tends to avoid thecourts to resolve disputes with reason "could damage the relationship ofbrotherhood" (social relations), in addition to the perception that only "thosewho were disputing only" who took the court mechanism. Within the aboveframework, this study refers to the theory of "Legal Pluralism" fromGriffiths, the theory of "Semi-Autonomous Social Fields" from Sally FolkMoore, in addition to the theory of the "Living Law" from Erlich. All dataobtained were processed according to the rules prevailing methodologicalqualitative research, and then analyzed to obtain a deep understanding of theimportant aspects implicit in a series of studies the object of dispute.Evaluation and data analysis take place simultaneously, with the final result of the conclusions, the arguments that give the foil picture of the wholeprocess of studies showing the interrelation between the various researchfindings with the concept off act-theoretic grip author
PERLINDUNGAN HUKUM TERHADAP TKI YANG BEKERJA DI LUAR NEGERI (KAJIAN YURIDIS TERHADAP SINKRONISASI PERATURAN PERUNDANG-UNDANGAN PENEMPATAN DAN PERLINDUNGAN TKI)
Authors: Husni Lulu
Published: July 2017

AbstractAct Number 39 Year 2004 on Placement and Legal Protection of IndonesianWorker Employed Abroad is not synchronized both vertically andhorizontally yet. It is, vertically, not reflect the Article 28D (2) jo Article 281(4) of the 1945 Constitution. Besides that, is not synchronic with the ActNumber 39 Year 2004 particularly in controlling the protection of TKls.Article 92 (1) Act Number 39 Year 2004 authorize the control of placementof TKls to the institution that responsible for the employment at theGovernment, Province Government, and Kabupaten/City Government. Thesame authority is given to BNP2TKl by Per pres No. 81 Year 2006 (Article 14(2)). As a consequence, the competing and inconsistent in controlling theTKls protection take place. Likewise the competing and inconsistent betweenthe Decision of the Ministry of Man Power and Transmigration Number221MENIXXI12008. Horizontally, no synchronization between Act Number 39Year 2004 and Act Number 39 Year 1999 on Human Rights especiallyrelated to the elaboration of the concept of work as a part of human rightsand state responsibility in protection, fulfilling and enforcing it. The same ishappened in the Act Number 32 Year 2004 on Local Government related tothe authority in protecting TKls between the Government and LocalGovernment.
KORPORASI SEBAGAI PENGEMBAN KEWAJIBAN HAM: SUATU PENCARIAN LEGITIMASI DALAM HUKUM INTERNASIONAL
Authors: Waagstein Patricia Rinwigati
Published: July 2017

AbstrakIn the age of globalization, multinational companies have been playing amajor role in economic sector, especially in the current situation where therole of government in the private and public sectors is becoming morelimited while independent private enterprise is encouraged. In fact, manypublic industries and producers as well as public services which wereexclusively run by the government have been privatized for the sake ofefficiency. Considering corporate role and powers which are obviouslyincreasing, the question is whether it is relevant to impose obligation oncorporations to provide justice particularly in term of human rightsprotection. This article tries to answer such question by searching fortheoretical and practical support to impose such duty by using human rightsbased approach. The focus will be orr the debates over the dichotomy ofvertical and horizontal applications of human rights. It is concluded in thisarticle that there has been a shift over the development of human righttoward the privatisation of human rights.
ANALISIS HUKUM ISLAM TERHADAP PRAKTIK ABORSI BAGI KEHAMILAN TIDAK DIHARAPKAN (KTD) AKIBAT PERKOSAAN MENURUT UNDANG-UNDANG NOMOR 36 TAHUN 2009 TENTANG KESEHATAN
Authors: Tutik Titik Triwulan
Published: July 2017

AbstrakAbortion practice could be noted as hidden phenomenon by its enigmatic andmore over is layered by the actor, community also government. Obstructionitself is under bearing of legal system, social norms, culture, religion thoseliving in the people lifes. Under her research the author sets up reconfimationthat both Islamic Law and Health Law have same dogma thatabortion practice is criminal conduct. But under specific circumstanceabortion possibly will be achieved. That might is ought to refers to medicalethic as if then in pratice should not worse impact to the woman whomraped. Under Islamic Law preference is also ought to refers to stipulatedsyar'i.
HUKUM PENGADAAN BARANG (GOVERNMENT PROCUREMENT) DAN PEMBANGUNAN EKONOMI
Authors: Suherman Ade Maman
Published: July 2017

AbstrakLaw concerning government procurement needs more an economic thoughtand inject it to all regulation in term of the achieving economic goals.Government procurement as a strategic issue either in international law ornational law perspective. In entire developed countries, governmentprocurement is truly dedicated to create such economic growth and topromote the welfare of state. As a comparative reference, in Europeancountries, government procurement is regulated under regional directivesand which is as an integral Part of trade and industrial policies. Byregulating a comprehensive government procurement therefore, publicbudget can be saved through a competitive and efficient procurement,fitrthermore public spending can be allocated properly in term of creating aneconomic growth for the whole people of nation. Due to that fact, Indonesianlegal policy in government procurement can take some lesson learned fromseveral European Countries.
KEDUDUKAN HUKUM SEBAGAI ALAT PEMBANGUNAN EKONOMI DI ERA REFORMASI
Authors: Kusumadara Afifah
Published: July 2017

AbstrakThe fall of the New Order government together with the economic collapse in1998 gave us the lesson of the important role of law for the economicdevelopment. The impressive economic growth developed by the New Ordergovernment could not last long and collapsed quickly because the economicdevelopment was not supported by good legal system and proper lawenforcement. This phenomenon confirms the theory about the role of law as atool of economic development. Law can bring economic efficiency in acountry and give certainty which is essential for any economic player. Thisarticle will analyze whether the Reform Government has used law as a toolfor economic development after the 1998 economic crisis. The analysis willdiscuss (he efforts of the Reform government to apply law as a tool foreconomic development and the barriers for their effort. The conclusion ofthis article will recommend actions that must be done by the Reformgovernment to improve Indonesian economy by using law as the tool ofdevelopment.
PERTANGGUNGJAWABAN INDONESIA TERHADAP PENCEMARAN KABUT ASAP DI KAWASAN ASEAN (Pendekatan Economic Analysis of Law)
Authors: Bram Deni
Published: July 2017

AbstrakHaze pollution in the ASEAN region has a result from ji)rest fires inIndonesia has long been on Ihe annual agenda nOI only for Indonesia butalso began familiar to countries - countries in the ASEAN region Theexistence of the ASEAN Agreement on Transboundary Haze Pollution asinternational instruments for overcoming the haze pollution until now hasnot been taken seriously by the Government of Indonesia as the main actorsof the smoke haze pol/ution in Southeast Asia. This paper will use theapproach to economic analYSis of law in finding Ollt the background ofattitudes and legal actions undertaken by the Government of Indonesia andthe impact - the impact is likely to be accepted by the Government ofIndonesia with such acts.
PLAGIARISME AKADEMIK: PERSPEKTIF METODE KEILMUAN DAN DOKTRIN HUKUM
Authors: Rizal Jufrina
Published: July 2017

AbstrakThe essence of plagiarism is the passing off of another's idea as one's own orplagiarism is the borrowing of someone else's work withollt allribution.Academic plagiarism occurs when a writer repeadtedly lIses more wordsfrom a printed source wi/hollt the quo/ion mark and a precise reference tooriginal sources. Although plagiarism is most often treated as an ethical andmoral, rather than legal matter, unattributed copying can also constitute oneor more of a variety of legal wrongs. In this article, we briefly consider thecircumstances under which unattributed copying might constitute copyrightinfringement, unfair competition, or a violation of moral rights.
CHOICE OF FORUM DALAM PENYELESAIAN SENGKETA PERBANKAN SYARIAH
Authors: Imaniyati Neni Sri , Badruddin Badruddin
Published: July 2017

AbstrakUU No.3 of 2006 regarding Amendment of UU NO.7 of 1989 regardingReligion Court (Peradilan Agama) give the additional authority to theReligion Court, for examine, decide, and resolute dispute Syaria banking.While UU No.21 of 2008 regarding Syaria Banking decides that a dispute insyaria banking can be resoluted at Religion Court also can be resoluted atGeneral Court (Peradilan Umum). This of course can create a Choice ofForum. Therefore it needs to be examine what are the method and thedispute resolution type of syaria banking? And if the "Lex posterioriederogate lex priorie" principle and "lex specialis derogate lex generalis "principle can be used in Choice of Forum resoluting a dispute in syariabanking? From Ihe examinalion result can be delermine that the method andthe type of dispute resoluting of syaria banking according to UU No. 3 of2006 and UU No.21 of 2008 can be used through the litigation process, inReligion Court and General Court. Besides through the litigation processalso can be performed from the non-litigate process, discussion, bankingmediation, through Basyarnas or other arbitrate institution and alternativedispute resolution with the regulation not against the syaria principal. The"lex posteriorie derogate lex priorie " principle and "the lex specialisderogate lex generalis" principle cannot be used in Choice of Forumresoluting a dispute in syaria banking.
UJI PUBLIK TERHADAP PUTUSAN KASUS ILLEGAL LOGGING A.N. ADELIN LIS DKK
Authors: Soedarsono Teguh
Published: July 2017

AbstractStraightening of case law illegal logging with defendant on behalf of AdelinLis and partners which processed lhe law by District court Medancategorized as controversy decision, phenomenal, and draw attention thepublic, therefore from in perspective of law, social justice, and intactpublication needed by the public test which entangle various credible sideand don't related to object which being examined. The ill defined of assertionand demand weaken of verification, existence of functionary intervention andalso the law decision items and consideration base which is anticipated havethe share in forming practice "Judicial Corruption" to handling of the caseis needed to be analysis, carefull, and laid open for repair here in after inscope to straightening of law of similar case in Indonesia