Jurnal Hukum dan Peradilan
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DINAMIKA UPAYA MELAKUKAN SINERGI ANTARA HUKUM PERDAGANGAN INTERNASIONAL DAN HUKUM LINGKUNGAN
Get PDFIn international trade activity, the law exists and becomes one of the important components to ensure the trading activity runs effectively, efficiently, and fair. Gradually, international trade system has started to embed environmental law issue to become its part of the system, and this process has begun since people realized that environment should be protected in order to support the sustainable development process. Currently, environmental law issue becomes an important condition for most of the international trade relations which are being done or will be done by subjects of the international trade. This paper focuses on how environmental law is being synergized within international trade system. The library research method will be used to explore that topic.Keywords: environmental law, international trade, international agreemen
UPAYA PERLINDUNGAN HUKUM PADA KONSUMEN DALAM TRANSAKSI E-COMMERCE UNTUK MENDUKUNG PERTUMBUHAN EKONOMI DIGITAL DI INDONESIA
Get PDFThe business transaction method has changed, from “real world†to virtual world. This phenomenon provokes many legal problems for consumers where consumers often do not have a strong bargaining position and have a weak position. The e-commerce industry in Indonesia grows rapidly in the middle of economic slowdown pace. The value of e-commerce in Indonesia in 2016 is estimated to reach 30 billion US dollars or equivalent to Rp 395 trillion. The figure is predicted to rise to 130 billion US dollars or equivalent to Rp 1.714 trillion in 2020. The government should regulate the legal protection for consumer especially based on its actualization and urgency. The aim of this protection is to fulfill legal certainty which is needed both for business transaction and consumer rights protection. Furthermore, the legal protection of consumer rights in e-commerce should be given in whole aspects of law both simultaneous and comprehensive protection.Keywords: legal protection efforts, consumers, e-commerc
PENGATURAN TINDAK PIDANA DALAM UNDANG-UNDANG NOMOR 32 TAHUN 2009 TENTANG PERLINDUNGAN DAN PENGELOLAAN LINGKUNGAN HIDUP (Tinjauan Fiqh Al- Bi’ah)
Get PDFThe setting of environmental law in Indonesia has started to improve since the Law Number 32 of 2009 on Environmental Protection and Management contains criminal act for every person who violates the provisions. It is stated in Article 98, 99, 100. This research method is a library or literature research which is conducted to gather secondary data in the field of environmental law and fiqh al-bi’ah. This research is normative law research while the nature of this research is descriptive analysis. It aimed to give a systematic illustration on legal norms that was found in law number 32 of 2009 and environmental fiqh accurately and the criminal sanctions review used in both arrangements. In this study there were two questions first, how is the arrangement of criminal act in Law No. 32 of 2009 on Environmental Protection Management. The second is whether the concept of fiqh al bi’ah is in line with Law No. 32 of 2009 on Environmental Protection Management. The result from this study is that the criminal act contained in the Law No. 32 of 2009 on Environmental Protection Management has not been enough to trap the environmental destroyer so that the government is expected to revise the unsuitable articles. Furthermore, the result of this research shows the similarity concept between fiqh al bi’ah and environmental governance in Indonesia. The concept offered by fiqh al bi’ah is a part of maqashidul syari’ah where Islam strongly recommended to maintain the environment. Keywords: environment, Fiqh Al-Bi’ah, Maqashidul Syari’a
INDEPENDENSI SISTEM PERADILAN MILITER DI INDONESIA (Studi Tentang Struktur Peradilan Militer)
No full textMilitary Court is the body that conduct the judicial power in the Indonesian Military Force (TNI) scope to enforce law and justice. The Military Court does not culminate and not supervised by the Indonesian Military Force headquarters, but culminates and is supervised by the Supreme Court of the Republic of Indonesia. The Philosophy of the occurrence of dependence in the first military justice system, because of the interest of the military (TNI) which is associated with its principal task of TNI is to defend the national sovereignty, for that reason, by putting the role of commander of the unit (Ankum) as well as kepaperaan within the law enforcement system. The Head of the district court also covers Military Court in his jurisdiction because of it the Head of district court becomes the Head of Military Court. The Registrar is automatically also the Registrar of Military Court, Head of State Prosecutors assigned as military prosecutor. These circumstances affect objections which are seen as unfavorable for military or military units. The authority of the Court is no longer based on the rank of the defendant, the hierarchy of court proceedings such as judges, military Prosecutors, defense attorneys, no longer use the rank but wearing a toga. Development of organizational, administrative, financial of Military Courts is fully under the Supreme Court held consequently as stipulated in the law of judicial power. The execution of criminal act by military prison, executed equally as prisoner without discriminating the person by his rank.Keyword: dependency, independency, military justice syste
INDEPENDENSI HAKIM AD-HOC PADA LINGKUNGAN PERADILAN HUBUNGAN INDUSTRIAL
Get PDFPPHI (Industrial Relations Disputes Settlement) Act regulates the principle of settlement of industrial relations disputes by consensus, if there is a dispute between employee/workers and employers, the first stage of dispute settlement shall be submitted to disputing party (bipartite settlement). The provisions of Article 63 paragraph (2) and Article 67 paragraph (1) sub-paragraph f of the Act shall result in the ad-hoc judges of the Industrial Relations Court, in carrying out their duties and responsibilities to examine and decide a case shall be independent and kept away from any intervention of any institution. The ad-hoc judges of the Industrial Relations Court is a judge proposed by a trade union, employers organization, also dismissed respectfully by the trade union and the employers organization. This will undermine the free, impartial and clean judicial system that dreams of because the judges will be ruled by the litigants, as the judge is appointed and dismissed by the party to be tried in the industrial relations court.Keywords: judicial independence, ad-hoc judges, PH
PERTANGGUNGJAWABAN PUBLIK DAN TINDAK PIDANA KORUPSI
Get PDFThe purpose of this research was to whether the actions of government (bestuurshandeling) based on its discretion can be classified as a criminal act of corruption or not. The Methodology of this research used juridical doctrinal. The result showed that based on legal frame such as Law of The Administrative Court, Law of ASN, Law of Government Administration and legal doctrines as well as the Decision of the judicial review of the Constitutional Court Number: 25 / PUU-XIV / 2016 responsibility of governmental actions (bestuurshandeling), which comes from discretionary (Freies ermessen) containing elements of abuse of authority resulting state loss but there is no element of corruption such as gratifications, bribe, then it can be accounted for by the administrative sanctions under the Law of Government administration Article 20 (6) and Article 80 paragraph (1) Jo Article 81 paragraph (3) in a balanced and case by case. If there is an element of abuse of authority that resulted in state loss and there are elements of corruption such as gratifications, bribe, then accounted for under the criminal law, especially corruption.Keywords: Public responsibility, corruption, governmental actions (bestuurshandeling), Public discreations (Freies Ermessen
REKONSTRUKSI HUKUM PENYELESAIAN SENGKETA PASAR MODAL SYARIAH: PENGUATAN ASPEK REGULASI UNTUK MEMBERIKAN KEPASTIAN HUKUM
No full textThe regulation of the Islamic capital market following the rules contained in Law 8/1995 on Capital Market, DSN MUI Fatwa No. 40 / IX / 2003, Bapepam-LK Number IX.A.13, No. IX.A.14, and No. II. K.1 From that rules, nothing has clearly set the Islamic capital market dispute resolution, both litigation and non-litigation resulting in a legal vacuum (leemten in het recht). Islamic economic dispute settlement provisions, including the dispute over the Islamic capital market, is only found in Law 3/2006. Through quantitative research methods, the study sought to harmonize the empty rules at the same time filling thus legal vacuum. The research concluded that the settlement litigation of disputes in Islamic capital markets settled in the Religious Court, while in non-litigation resolved through BASYARNAS (National Sharia Arbitration Board) and / or as other civil disputes can also be resolved through Alternative Dispute Resolution in accordance with Law 30/1999.Keywords: legal vacuum, the Islamic capital market
PENGAWASAN PERILAKU HAKIM MAHKAMAH KONSTITUSI OLEH DEWAN ETIK
Get PDFThe Constitutional Court has a code of ethics and behavior of judges the constitution as the legal basis to carry out profession ethics. Due to his duty, judge of the constitution had potentially breaking the code of conduct and behavior of judges. In order to oversee the conduct of judges the constitution formed The Board of Ethics Judge Constitution (DE-HK) who has authority to check and give decision regarding of the reports on complaints and information through the media/the community related to alleged violations the code of conduct and behavior of judges the constitution as well as a violation of law constitutional court. The Board would have the authority to impose sanctions verbally and if the offense heavy, the board recommended the formation of an assembly of honor of constitutional court and make propose of the suspension of the judge the constitution, and if not proven The Board rehabilitates judge that concerned. This study is done in a juridical manner normative by looking at an object or target of regulation research, legislation and materials law other related supervision the conduct of judges the constitution by the board. Hence, within the revision on constitutional court law in National Legislation Program, it\u27s important to do institutional strengthening the board of conduct and to ripen position the tribunal honor judges to carries out surveillance and checks for violation code of ethics and behavior by the judges.Keywords: code of ethics and behavior, The Board Of Ethics Judge Constitution, judge, supervisio
MENAKAR RASA KEADILAN PADA PUTUSAN HAKIM PERDATA TERHADAP PIHAK KETIGA YANG BUKAN PIHAK BERDASARKAN PERSPEKTIF NEGARA HUKUM PANCASILA
Get PDFLaw is a set of words that are systematically linking an authoritative text, according to Gustav Radbruch, it should contain three (3) elements, namely fairness, certainty and expediency. The application of the authoritative text in social life was an absolute authority of a judge in resolving a civil case. The judge, in the checking-hearing-deciding a case, not only expected to return the case to the original state (restitutio in integrum) before the advent of the dispute, but should attempt made every effort to not create new disputes or disputes derived from the subject matter examined. Therefore, it becomes very important role of the paradigm for a judge in deciding the case in order to fulfill a sense of justice. Therefore, deciding the case in a precise sense of justice will be a judge most important role. Nowadays, the meaning of "justice" in Civil Procedure Code only limited to the authority of the power of the parties bound by the principle of consensualism and the principle of freedom of contract. Therefore, based on the Law Paradigm (Philosophy) of Pancasila, Judge as an interpreter, in defining and applying the law, legal science must have the ability to deconstruct and reconstruct an authoritative text based paradigm embraced by a nation.Keywords: the principle of consensualism, justice, pancasila, paradigm, civil procedural la
URGENSITAS PENDEKATAN PSIKOLOGI DALAM PELAKSANAAN MEDIASI DI PENGADILAN
Get PDFThe court mediation tends to ignore psychological aspect of the parties. It was frequently put aside by mediator judges as the mediation held just for formality process. It caused the lack percentage of successful mediation and the parties failed to recognize the primary problem. The research’s aim was to analyze the importance of implementation psychological approach to court-annexed mediation and its implication to the result of the mediation process. The research also aims to identify the implication of psychological approach toward parties’ perspective of their dispute. The result of the research has shown that implementation of psychological approach through mediation has arisen the probability of successful mediation. If otherwise happened, the parties have a broader perspective on their problem and released a new constructive way of thinking.Keywords: mediation, court, psychology, perspectiv