Jurnal Hukum dan Peradilan
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MENEGASKAN KEMBALI KEBERADAAN KLAUSULA BAKU DALAM PERJANJIAN
Get PDFInclusion of standardized clause in contract should not be denied often done by reason of effectiveness and efficiency in the transaction. The existence of standardized clause based on approval towards contract so that applies as a Law for the parties. However, at the other side, there are arguments who opposed inclusion of the standardized clause in contract, especially based on the balance and fairness principles in contract. By using descriptive analytical method and juridical normative approach, I am trying to answer validity or invalidity of standardized clause in contract. In addition, also elaborated some decisions of the court in considering and deciding the standardized clause in contract. In the end, either scholar’s opinions or court decisions was still quite varied in viewing inclusion of standardized clause in contract. Nevertheless, toward that difference view already tried to find the meeting point through Law No. 8/1999 on Consumer Protection, where the standardized clause inclusion in contract is not prohibited, along do not contain substance or shape contrary with the Law. Keywords: standardized clause, agreement, balance in contract
MENGGAGAS KONSEP DAN MODEL IDEAL PERLINDUNGAN HUKUM TERHADAP WHISTLEBLOWER DAN JUSTICE COLLABORATOR DALAM UPAYA PENANGGULANGAN ORGANIZED CRIME DI INDONESIA MASA MENDATANG
Get PDFPractice of whistleblower and justice collaborator law protection especially in the effort to destroy the organized crime in Holland, germany and Australia to institution and the protect orientation is variatif and partial. Protection practice in Holland uses witness agreements, it is the agreement between the public prosecutor and witness to give the testimony with reward especially to organized crime. In Germany, trough Witness Protection Law In Process Criminal Investigation and Protection Against Victims (Zeugenschutzgesetz/ZschG). Essentially, Zeugenschutzgesetz/ZschG rules the dimention for the witnesses, both witnesses and not the victims. Besides, it is also ruled about rights issues witnesses before the trial and during the trial process. On the aspect of witness rights before the trial include the examination of witnesses in the policemen and prosecution, the secret of witness identity and the changes of witness identity. Then, the witness right in the trial are separated examination of the suspect and inspection with a camera recording. Then in Australia trough the National witness Protection Program with a secret identity, no responsibility in criminal and civil, the protection from the defamation, the protection from criminal acts of retaliation and conditionalprotection if their names are published to the media.Keywords: Law Protection, whistleblower, justice collaborator and organized crim
KEBEBASAN HAKIM DAN PROBLEMATIKANYA DALAM SISTEM PERADILAN INDONESIA
Get PDFIndonesian justice system is not fully functioning because there-rules and regulations that do not run as it should and there is a need to ensure greater freedom sanction judges in performing their duties. Public confidence in the judiciary should be restored. To strengthen the justice system needs to be guaranteed freedom of judges. Human resources need to be increased both its integrity and mastery of knowledge in particular substantive legal or formal. Modernization of the administration of justice would be better facilitate the course of justice will grow back confidence to the judiciary, but now is not optimal functioning to complete the administration of justice as is the accumulation of decisions that have not come to those seeking justice. Justice seeker the right to obtain justice freely and impartially, to be treated the same as fellow seekers of justice, and to obtain a decision within a reasonable, simple and low cost is a basic need for every seeker of justice. There needs to be increased in the direction of the change or shift from "the judge is bound" to the "independent judge", of "justice under the law" toward "justice according to the judge as set out in its decision, of thinking with reference to the system in the direction of thinking with reference to the problem. Keywords: Freedom of judges, Problems, Indonesian Justice System
ANTARA BEZITSRECHT DAN EIGENDOMRECHT: Kajian Tentang Hak Atas Tanah Oleh Penduduk
Get PDFNowadays, land ownership\u27s issues become complicated and often result in conflict to nation, either individually or groups (mass). Lack of clarity of the status of the land requires a historical approach to the study of the legal regulation of land that changed following regime, which resulted in changes to the rights and status of land ownership. Results of this study concluded that the problems came out from an incomprehensive notice from the regulator/government, in order to clarify which regime used by now. Most of the people are sticking with the understanding of property rights (bezitzrecht) or tenure (beschikkingsrecht) of land, which is different from the concept of land title rights (eigendom). Therefore, the Government is expected to socialize the concept of land title rights (eigendom) and other present land rights so the conflicts will decrease or subside. Keyword: property rights (bezitzrecht), land title rights (eigendom), regulation histor
PENERAPAN KEADILAN RESTORATIF DALAM SISTEM PERADILAN PIDANA ANAK DI INDONESIA
Get PDFOne of the most significant changes contained in the UU No. 11 Tahun 2012 One of the most significant changes contained in the UU No. 11 Tahun 2012 is to accomodate principles of restorative justice and the principle of diversion in the juvenile justice system . Nevertheless, the application of the principles of restorative justice in the juvenile justice system are set out in the UU No. 11 Tahun 2012, tend to be partial and non-exhaustive . This is caused by the presence of common misconceptions in the understanding of restorative justice as an attempt to seek a peaceful settlement of the conflict out of court . This study shows that restorative justice is essentially complement rather than replace the criminal justice system . Therefore , restorative justice programs can be integrated into the whole process of juvenile justice without compromising the basic principles and main objectives of restorative justice , and at the same time , did not downplay the role of juvenile justice system that is based on formal legal requirements. Keywords: restorative justice, juvenile justice, crime, diversion
TEORI GANTI RUGI DALAM PERSPEKTIF HUKUM ISLAM
Get PDFThe idea of daman towards both criminal and justice victims, from early time, has been mentioned in the nash of both Al-Quran and Al-Hadith. From the nash, Ulemas have formulated various fiqh forms concerning daman (compensation). In fact, from early time the Islamic Jurists have not applied the terms masuliyah madaniyah for justice responsibility, and masuliyah al ina\u27iyah for criminal one. However, several thinkers of classical Islamic law mainly al-Qurafi and al- `Iz Ibn Abdi Salam have introduced the term al-jawabir for justice conpensation (read: daman) and al-zawajir for criminal compensation (read: \u27uqubah diyat, arus, etc.). Although in its development, up to recent time, Islamic Jurists often use the term masuliyah that is because of the Western work influences. Daman could occur because of deviation on akad (agreement) namely daman al-aqdi, and could happen because of violation namely daman `udwan. In determining the compensation, the esential elements are darar or lost on the victims. Darar could occur on physical, material or things and service aspects; and it could also be on moral and emotional destruction or called darar adabi including name-reputation damage. The standard for the compensation either on quality or quantity must be similar to darar suffered by the victims. Although in certain cases, the multiplying compensation may happen based on the victims\u27 condition. Keywords: Compensation Theory, Islamic Law, Law perspective
TINDAK PIDANA KORUPSI DI BIDANG PERPAJAKAN
Get PDFImplementation of the tax law in casu UUKUP aims to educate taxpayers fulfill their rights and duties, but tax officials and tax officials to enrich themselves abused in the form of committing corruption in the field of taxation. Since the rule of law because of the tremendous UUKUP authorizes the tax authorities that tax officials to make it happen. Therefore, the rule of law in UUKUP require realignment to prevent corruption in the field of taxation. Keywords: Crime, Corruption, Taxatio
HUKUM INTERNASIONAL SEBAGAI SUMBER HUKUM DALAM HUKUM NASIONAL (Dalam Perspektif Hubungan Hukum Internasional Dan Hukum Nasional Di Indonesia)
Get PDFCountries agreement contained in an international agreement in the form of bilateral agreements, regional and multilateral agreements that are binding on the parties and a law for that entered into an agreement (pacta sunt servanda). International agreements that have been agreed and validated in a ratification by a country, then the agreement is valid and binding upon all be a source of law for the enforcement of law in making decisions. This is true also in Indonesia. Any international agreement that has been followed by Indonesia, which is contained in a ratification requirement or not, still have the force of binding for both parties. Keywords: International Law, Sources of Law, International Treaties, International Agreements
PENGUNGKAPAN KEUANGAN PERKARA SECARA MEMADAI DALAM LAPORAN KEUANGAN SATUAN KERJA PERADILAN
Get PDFLegal fees are collected and maintained by Supreme Court and the courts underneath it so far still an issue related to the management of accounting and reporting. Based on Surat Edaran Mahkamah Agung Nomor 09 tahun 2008 tentang Pelaporan Penerimaan dan Penggunaan Biaya Perkara pada Pengadilan and Peraturan Mahkamah Agung RI. No. 03 Tahun 2012 tentang Biaya Proses penyelesaian perkara dan Pengelolaannya pada MA dan Badan Peradilan yang berada dibawahnya In these rules have arranged that legal fees in the court aggregately were published periodically and managed effectively, efficiently, transparency and stored in a note upon the financial report of the supreme court. Based on Surat Edaran Mahkamah Agung Nomor 09 tahun 2008, report of legal fees has been running well but not yet shown in the financial statements of the institution. The legal fees become important information that must be reported in in the financial statementsas a form of accountability upon a fee levied and to or received from third party. Keywords: court fees, adequatedisclosur
REFORMULASI PERBUATAN MELANGGAR HUKUM OLEH BADAN ATAU PEJABAT PEMERINTAHAN DALAM KONTEKS KOMPETENSI ABSOLUT PERADILAN TATA USAHA NEGARA
Get PDFAgency or government officials have broad authority in implementing government affairs. Broad authority was likely to be abused , causing loss and injustice in the society as well as lower level government officials, therefore there must be other institutions that control it. Based on the theory of triad politics, the executive is politically controlled by the legislature and are legally controlled by the judiciary, because the agency or government officials running the executive function, which controls the judiciary juridical is the State Administrative Court ( Judicial TUN ). TUN judicial control by the Court at this time is so vague, because it is limited by the law on the Judiciary TUN revised twice (Law No. . 5 of 1986 which was later revised by Law No. . 9 of 2004 and Act No. . 51 of 2009 ) . Testing is limited to understanding the Administrative Court Administrative Decision ( KTUN ) in the strict sense. It can be said that the law on the Judiciary TUN philosophically opposed to the purpose of the establishment TUN Judicial institutions, namely resolve administrative disputes in a broad sense. Therefore, based on futuristic ideas that need to be explored further in the TUN Courts abolut authority to exercise control or testing for unlawful acts committed government agencies or officials. All this is nothing else aims to reposition back nature of administrative law enforcement by the state Judicial TUN and simplify all the administrative state dispute settlement based on the principles of effectiveness and efficiency. Keyword; Deeds Against the Law, Government Officials, Administrative Cour