Wajah Hukum (E-Journal, Fakultas Hukum Universitas Batanghari)
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Implementasi Pertimbangan Hakim dalam Mengabulkan Permohonan Penetapan Wali Adhal Untuk Melaksanakan Perkawinan Menurut Hukum Islam (Studi Putusan Nomor 0055/ Pdt. P/ 2019/PA.Mt)
Get PDFMarriage must meet the requirements and harmony, one pillar that must be met is the marriage guardian. The existence of a guardian in a marriage contract is a must and is not a legal marriage agreement that is not carried out by the guardian. The guardian is placed as a pillar in marriage according to the agreement of scholars in principle. The problem in this research is how is the formal law in the stipulation of Metro Religious Court Number 0055 / Pdt P / 2019 / PA.Mt regarding the application of guardian application? and what is the basis for the judge's judgment (material law) in deciding on the Establishment of the Metro Religious Court Number 0055 / Pdt P / 2019 / PA.Mt regarding the application of a guardian?. The research method uses a normative and empirical juridical approach. The type of data used is secondary data and primary data. Collecting data through library research and field research. Analysis of the data used is qualitative juridical
Analisis Kewenangan Penyidik Kepolisian dan Badan Narkotika Nasional Dalam Penegakan Hukum Pidana Narkotika (Studi Kasus pada Polda Kepri dan Badan Narkotika Propinsi Kepulauan Riau)
Get PDFUntil now efforts to tackle drugs by formal government institutions (Ministry of Health, Immigration, Customs, Police, Narcotics Agency, etc.) as well as by other non-governmental organizations are still not optimal, are less integrated and tend to act individually sectorally. The problem of drug abuse is not handled optimally, so cases of drug abuse tend to increase both in quality and quantity.The problem in this research is how the Legal Arrangement of the Police and National Narcotics Agency Investigations Against Narcotics Criminals, How to Implement the National Police and Narcotics Agency Investigation Authority Against Narcotics Crimes, and what factors are obstacles, and the solution to the National Police and Narcotics Agency Criminal Investigation Authority Narcotics criminal. This research was conducted to determine the Legal Arrangement of the Police and National Narcotics Agency Investigation of Narcotics Criminals, the Implementation of the National Police and Narcotics Agency Criminal Investigation Authority Against Narcotics Criminal Acts, as well as what factors were constraints, and the solution of the National Narcotics and Police Narcotics Investigation Authority Against Criminal Crimes Narcotics. This study uses a descriptive analytical method with a sociological juridical approach (sociological legal research) to study the laws and regulations relating to the process of investigating and investigating non-criminal drugs. The results of this study indicate that the authority of the National Police and Narcotics Agency Investigators in Narcotics Criminal Law Enforcement has basically been implemented well, although there are still many obstacles, especially conflicts in the implementation of the law
Urgensi Penerapan Interdependent Airspace Governance Untuk Optimalisasi Tata Kelola Ruang Udara Nasional Sebagai Antisipasi Open Sky Policy
Get PDFIndonesia as an archipelago state has a national airspace of 5,180,053 km². Indonesia's airspace is located in a strategic position between the continents of Asia and Australia which makes Indonesia one of the busiest air routes in the world. Therefore, the management of air space is a vital matter that must be emphasized through various legal instruments. The sovereignty of Indonesian air space is affirmed in Article 49 paragraph (2) of the 1982 International Law of the Sea Convention which was ratified by Law Number 17 of 1985 concerning Ratification of the United Nations Convention on the Law of the Sea. This article explicitly regulates the legal status of archipelagic waters, air space over archipelagic waters and the seabed as well as the land below. So far, territorial sovereignty that is complete and exclusive is regulated in Law Number 1 of 2009 concerning Aviation, but it does not specifically regulate the boundaries of Indonesia's sovereign air space, either vertically or horizontally. The national airspace of a country is completely closed to foreign aircraft, both civilian and military, so it must be with the permission of the underworld, either through bilateral agreements or multilateral agreements, so that a country's national air space can be traversed by foreign aircraft. Such closed nature can be understood considering that air space is a very vulnerable medium of movement when viewed from the point of view of under-state defense and security. Attacks using aircraft have many advantages and conveniences that can exploit the vulnerability of an air space, such as its fast (speed), wide range, surprise, optimal penetration. This is what prompts each country to adopt its national airspace protection standards which are strict and rigid. Flights between countries are fully regulated through the Bilateral Air Transport Agreement (BATA). Without BATA, the state cannot provide air transportation services to a country. BATA itself is a form of implementation of state sovereignty in air space that is complete and exclusive in the midst of globalization challenges, such as aviation liberalization (Open Sky Policy). Referring to the Open Sky Policy, this policy allows air carriers to make decisions on routes, capacities, prices and various options for flight activities
Pengelolaan Coorporate Social Responsibility Menurut Peraturan Perundang-undangan di Indonesia
Get PDFCorporate Social Responsibility (CSR) is one of the obligations that must be carried out by companies in accordance with the contents of article 74 of Law Number 40 of 2007 concerning Perseroan Terbatas. The purpose of this study is to find out about the ideal management of CSR for limited liability companies. This research is a normative study, using a conceptual approach and legislative approach. Based on the results of the study found that the CSR obligation norms for the company seem indecisive, because Social Responsibility has not been explicitly set about CSR mechanisms specifically in regulations, standards "propriety” and “reasonableness” in CSR budgeting, the form of implementation and who is competent in assessing the reasonableness and propriety must be clearly regulated in government regulations so that CSR management is directed and measurable
Perlindungan Hak Cipta Seni Batik Jambi Kreasi Modifikasi Di Kota Jambi
Get PDFTraditional Batik Art has been modified by batik artisans, which in the Copyright Act is referred to as contemporary batik art (see article 40 letter J). Modified Batik Art has received protection through the Copyright Act, but not all people understand it. For this reason, it is necessary to study and examine how the legal culture of the community is towards an applicable regulation. This research is an empirical legal research conducted in Jambi City by using an interview method by purposive sampling of respondents who understand the object of study under study. Batik craftsmen in the city of Jambi also develop traditional batik by doing imagination based on their own creativity or also based on the tastes of consumers, but they still consider it not so important as the meaning of registration. The batik craftsmen prioritize maintaining the quality of their work. Some have registered their work as a patent because they consider it more appropriate to register it as a patent related to the process of making batik with priority to quality, which of course requires a separate method
Analisis Yuridis Penyelesaian Sengketa Pemutusan Hubungan Kerja Terhadap Tenaga Kerja Asing Melalui Mediasi (Studi Penelitian di Dinas Tenaga Kerja Kota Batam)
Get PDFIn industrial relations there will always be unwanted events that occur, either because of misunderstanding or dissatifaction from one of the parties. If it has been attemped through negotiations but has not found a peaceful way, then another way is taken, one of which is mediation. Resolving disputes over termination of employment through a mediation process in the Batam City Manpower Office by mediator. Mediator is one of the institutions provided by the government to help provide solutions to disputes that occur between employers and workers. Striving for mediation is to provide a sense of justice and at a low cost to the disputing parties.Iif both parties do not accept the advice of the mediator, the parties can submit an application to the Industrial Relations Court. The termination of employment must refer to the legal basis of employment, it is recommended in industrial relations disputes to always be through a non-litigation method in advance to save time and money, if no agreement is reached, then submit the application to the Court
Jasa Hapus Akun dan Permasalahannya Ditinjau Dari Kekuatan Mengikat Perjanjian Antara Konsumen dengan Pelaku Bisnis Jasa Hapus Akun
Get PDFCybercrime is an unlawful act that utilizes computer technology based on the sophistication of the development of internet technology. With the development of the times, technology continues to innovate to meet all the needs desired by the community. The sophistication of this technology is often abused on irresponsible people for their own gain, the account delete service is present to prevent the cybercrime from occurring but there are still many problems judging by the binding power of the account delete service agreement. The purpose of this research is to expose the problem of the binding power of account delete services. from the results of the study shows that there are still many problems that occur in the services of deleting accounts especially the lack of binding power of agreements made by the parties in the transaction delete the account
Problem Penambangan Emas Tanpa Ijin Ditinjau Dari Aspek Pidana Lingkungan Hidup dan Etika
Get PDFThere are several cases of environment in Jambi province including haze, forest fires, floods, PETI (gold mining without permits), and so forth. This is always the case of repetition from year to year as if it did not have a permanent solution. Alleged authors in this regard are some possibilities, namely: society does not understand or understand whether its actions (in the context of environmental destruction) that include violating criminal law or not? And on the basis of the community, so there is a notion that what they do is not contrary to the law. Based on the hypothesis above, the authors are interested in describing what exactly this Problembox is from the perspective of criminal law and ethics. So hopefully able to educate the community that the deed can be said to violate/not violate criminal law. Then, the author tries to offer a preventive solution from an ethical perspective; That is what the moral philosophy can offer so that the environmental cases in the context of the criminal law can be addressed to the fullest extent possible. This paper uses a qualitative approach with its data analysis techniques using analytical content techniques. With this approach, the following conclusions are obtained: (1) The criminal threat as stated in the articles is imprisonment and fines. In addition there is additional criminal or order action against the business entity Article 119 Act Number 32 year 2009 on environmental protection and management. Regarding some factors that are hindering in law enforcement, namely legal means, law enforcement officers, facilities and means, licensing, AMDAL system, Public law awareness of the environment. (2) In the view of Al-Ghazali man has a very heavy function, duty and responsibility as the maintainer of all the SDA (natural resources) that exist on this earth. When people understand the function in this world is to maintain the environment, then automatically, this moral concept will be a preventative step over the real-life CHEST activities that have caused human environmental damage
Legal Protection of Minority Shareholders (Acquisition Company in Indonesia and Malaysia)
Get PDFThe objective of research was to analyze the comparative legal provisions concerning the implementation regulation of the Legal Protection of Minority Shareholders in Context Acquisition Company in Indonesia and Malaysia. The journal is compiled with normative juridical research method with the approach of legislation, the conceptual approach and the approach of comparative law. Based on the survey results was revealed that basically the concept and criteria of legal protection of minority stockholders in the context of the acquisition of the same company. While suitability setting the position of trainee Shares Minority In Context Acquisition of Companies in Indonesia in accordance with the regulations but very difficult to implement because of the overlap with the rules above while in the Royal Malaysian implementation is very smooth due to the form of the rules in the form of legislation even though there are still gaps that need to be fixed in legislation there especially in the aspect that is still loose and often manipulated by the majority shareholders.
Ganti Kerugian Berdasarkan Perjanjian Antara Pengembang Perumahan dengan Konsumen di Atas Tanah Rawan Banjir
Get PDFThe purpose of this study is to give critical thinking to the housing developers who build housing in a flood area that impacts the consumer. The study is based on the incidence of residential land that has flooded in the rainy season, the study was peeled with the prevailing regulatory approach. Results show that the developer's obligation has not been included to compensate the consumer in agreement between the developer and the consumer in case of flooding in residential prone to flood so consumers suffer losses, it is not a state of force (force majeur) because to be said in a state of forced (force majeur) must fulfill the elements of article 1244 Civil Code. To provide the protection of the law for consumers, from the beginning of the agreement must be stated that the housing purchased by consumers is in a safe location of flooding, so that if there is a flood of consumers have a strong legal basis to demand developers. Residential developers must have good faith to carry out the agreements that have been made including compensation in the event of a flood