Fakultas Hukum Universitas Sriwijaya: Open Journal Systems
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ANOTASI PUTUSAN MAHKAMAH KONSTITUSI NOMOR 49/PUU-X/2012 TENTANG UJI MATERIL PASAL 66 UNDANG-UNDANG NOMOR 30 TAHUN 2004 TENTANG JABATAN NOTARIS
No full textAbstract: Thesis entitled "Annotation Constitutional Court Decision No. 49 / PUU-X / 2012 on Judicial Review Article 66 of Law Number 30 Year 2004 concerning Notaryâ€. Assessing the Constitutional Court Decision No. 49 / PUU-X / 2012 which stated that Article 66 paragraph (1) UUJN contrary to the Constitution of 1945. Article 66 paragraph (1) UUJN, set about investigating the authority with the approval of the Supervisory Council of Regions to call and check the relevant the notary deed that has been made. Problems formulated in this research is how the decision of the Constitutional Court Number 49 / PUU-X / 2012 against Article 66 UUJN testing, and how the legal implications of the Constitutional Court Decision No. 49 / PUU-X / 2012 on judicial review of Article 66 UUJN. This research is a normative law or legal research is normative juridical literature conducted by the search legal principles then made the interpretation of the public law rule which continued with the testing results and the interpretation of the theory or principles of public law. This study uses three methods of approach in the study of law, namely; Approach Legislation (Statute Approach), Approach Case (Case Approach), and History Approach (Historical Approach). The results showed that the Article 66 UUJN is not contrary to the principle of equality before the law. This decision also has implications for the investigator that the investigation process does not require further approval of the Supervisory Council of Regions to call Notary and / or take the minute of the deed stored related the deed he made which the implications for the Notary is when a Notary meets the demand Investigator to provide minutes of the deed or to provide information relating to the deed which made the Notary may violate the provisions of UUJN regarding the official oath and secrecy deed. Additionally Notary may be liable for violating Article 322 of the code of civil law (KUHP). Keywords: Judicial Review, Notary, Investigatio
PERLINDUNGAN HUKUM ATAS LABEL HALAL PRODUK PANGAN MENURUT UNDANG-UNDANG
Get PDFLabel Halal pada produk pangan merupakan hal yang wajib untuk digunakan. Label halal sendiri dikeluarkan oleh Badan Penyelenggaraan Jaminan Produk Halal (selanjutnya disebut BPJPH), yang bekerjasama dengan kementerian dan/atau lembaga terkait seperti Lembaga Pemeriksa Halal dan Majelis Ulama Indonesia. Label termasuk dalam kategori Hak Kekayaan Intelektual yang merupakan bagian dari kekayaan intangible (kekayaan yang tidak berwujud) yang didapat dari suatu hasil pemikiran yang berupa realisasi ide atau intelektual seseorang. HKI dibagi menjadi 2 (dua) bagian yaitu: 1)Hak Cipta; 2)Hak Kekayaan Industri. Dalam pembahasan penelitian ini memfokuskan pada hak cipta dan merek. Belum ada aturan dalam hukum Islam yang mengatur secara jelas mengenai Hak Kekayaan Intelektual. Hal ini menyebabkan penulis membahas penelitian tesis yang berjudul “Perlindungan Hukum Atas Label Halal Produk Pangan Menurut Undang-Undang Tentang Hak Cipta, Undang-Undang tentang Merek dan Indikasi Geografis, dan Undang-Undang Tentang Jaminan Produk Halalâ€. Penelitian ini merupakan penelitian hukum normatif yang menganalisis suatu keberlakuan hukum. Dilakukan dengan meneliti bahan-bahan hukum, seperti penelitian terhadap asas-asas hukum, hukum positif, aturan hukum, dan kaedah-kaedah hukum. Penelitian ini menggunakan empat metode pendekatan dalam penelitian hukum, yaitu: pendekatan perundang-undangan; pendekatan kasus; pendekatan konseptual; dan pendekatan futuristik. Pengumpulan data dalam penelitian ini adalah penelitian kepustakaan. Dilakukan dengan cara penentuan sumber data, identifikasi data, inventarisasi data, dan pengkajian data. Pengolahan Bahan Hukum dilakukan dengan cara pemeriksaan data rekonstruksi data, dan sistematisasi data. Analisis bahan hukum yang digunakan pada penelitian ini adalah analitis data kualitatif-komprehensif, dan lengkap
Legitimacy as a Precondition for the Recognition of New Governments: A Case of Libya
Get PDFRecognition of new Stets and governments is a political act with legal reverberations. Although the recognition of new States and governments is a traditional concept of international law but the challenging recognition of the transitional government of Libya proved that this traditional concept still can be highly exigent. Traditionally, the States in providing recognition to a new government follow their own benefits and privileges and rarely consider the structure, capacity and public support for the new government. If the rule of law and respecting democracy is going to be means of promoting peace and security is various areas of the world, is not it time to redefine the traditional concepts of international law (included of recognition of new States and government) from a new perspective? Considering the fact that, the existence of a legitimate authority in a group enhances the effective functioning of that group and reduces the internal conflicts, it seems that it is time to expand the political concept of legitimacy of the authorities into the international law. Is there any State practice to support the argument? In this article, the existence of norm creating forces and role of legitimacy in the recognition of the Libyan Transitional Government is going to be analysed. The After studying the role of legitimacy of the Libyan NTC in passing the sovereignty from the past regime to the new government by the international community, the effect of lack of legitimacy on the previous regime will be examined and the question of withdrawing of recognition of governments will be addressed
The International Cooperation to Eradicate Illicit Firearms Trafficking in Southeast Asian Region
Get PDFThe term of illicit firearms trafficking used by the United Nations is a movement of illegal trade in firearms controlled by organised criminal groups. Such movement specifically in ASEAN region is against national and regional laws. Hence, the growth in illegal firearms trade increases concern to the Southeast Asian countries. The article aims to examine effort to eradicate illegal firearms trafficking in ASEAN countries. Statute method combined with case approach in Southeast Asian Countries is employed in this research. The findings of the research indicate that the ASEAN countries have utilized diplomatic means namely the ASEAN Regional Forum (ARF) and the establishment of ASEAN Police (ASEANAPOL). These forums propose by ASEAN Political-Security Community (APSC) in a way to coordinate among the chief of national police of ASEAN countries including, inter alia, law enforcement policies, criminal courts and transnational crimes to combat crimes committed in the ASEAN region. In fact, the effectiveness of the APSC is still in question because the illicit firearms trafficking cannot be demolished
HAK WARIS ANAK YANG LAHIR DARI PERKAWINAN SIRI
No full textEvery child born of the marriage is entitled to an inheritance from his parents. In this case, the child born of the marriage siri must obtain recognition of her biological father first. To obtain such recognition, invite born from the marriage siri must apply to the judges. Just as in the case of M. Iqbal who is a child born of a marriage between Hj series. Machica Mochtar and H. Moerdiono. From these cases stated in Constitutional Court Decision No. 46 / PUU-VII / 2010 on the Recognition Children Out of Marriage stating that children born of the marriage siri have a relationship nasab with his father if it can be proved with the tools based on technology and science, just cause the child is entitled to a living everyday and costs until she was an adult. The role of the Notary in this case can protect the children born of the marriage siri the deed was borrowed. Keywords: children's inheritance rights, marriage series, the role of the Notary, probate.
TANGGUNG JAWAB HUKUM NOTARIS TERHADAP AKTA YANG DIBUATNYA SETELAH BERAKHIR MASA JABATANNYA DI TINJAU DARI PASAL 65 UNDANG-UNDANG NOMOR 30 TAHUN 2004 TENTANG JABATAN NOTARIS
No full textNotary is defined asanauthorized public official to make authentic deed and other authorities referred to Acts or any other laws of Indonesia.The purpose of this study is to find out what sort of Notary responsibilities, SubstituteNotary, and Acting Notary on deeds made after the end of his term, and to find out the time limit of liability of Notary, Substituted Notary, and Acting Notary on each deed made or supervised by notaryreffered to Article No. 65 of Indonesian Notary Act (UUJN).This study used juridical normative method that studying laws in Indonesian Act.This study focused on documents or literature reviews related to theories, relevant opinion to the issues of the study.The results showed that Notary as an authorized public official (openbaarambtenaar) to make authentic deeds and to be responsible for his actions related to his profession.The scope of a Notary liabilityincludes: both civil liability and crime, based on UUJN and the ethics code of Notary. To determine the validity of liability from Notary, Substituted Notary, and Acting Notary for the deed made or supervised by, it must be reffered to the concept of the Notary as a Profession (ambt).The provisions concerning with the validity of liability shall be sued in the court for the parties aggrieved by the violation in authentic deed based on the provisions expiry. Keywords: Responsibility, Notary, authentic deed, Ends of term
Analisis Tentang Tobacco Plainpackaging Act In Australia dan Implikasinya Terhadap Perdagangan Internasional Indonesia
Get PDFWorld Trade Organization (WTO) as the international organization under the United Nations has its own trade provisions obligated to its contracting parties. During the exsitance of WTO, there are many cases found from the provision of some contracting parties that are not in accordance with General Agree-ment on Tariff and Trade (GATT) and the other following agreements. One of the case found is Australia„s decision on The National Treatment Enforcement for every domestic and imported tobacco products (cigarettes) which sold in Australia trade area which known as Tobacco Plain Packaging Act. As for the purpose of that act is to increase the society awareness of healthy living by avoiding the tobacco consump-tion impacts. Based on those purpose, this research had been focused on the juridicial review of the har-mony between Australia„s internal regulation towards GATT and the other WTO multilateral agree-ment. As for the result those research, it is found that The National Treatment enforcement of these tobacco products standardization are unsuitable towards GATT and the Techincal Barriers to Trade (TBT) Agreement. In addition, it can be concluded that Australia„s internal regulation are not in accor-dance with the consensus of the other contracting parties under the WTO Multilateral agreements.Keywords: Tobacco PlainPackagingAct, Australia, International Trade, Indonesia
The Enforcement of the 2009 Law Number 46 on Corruption Court: The Role of Special Corruption Court
Get PDFThe Corruption Court is an independent special court under the General Court. The objectives of creating the Corruption Court is, inter alia, to adjudicate the corruption cases, to eliminate the interference of other party involves in corruption cases, to keep the Court runs in the right path. Herein, in the concept of rule of law, justice principle, under the ideology of Five Principles of Pancasila may only work well if it accompanied with other principles of social, economic, political, ideological, ethnic, racial, religious, color, and even gender background. Hence, the Judges have dual function both as sanction giver but also to deter other people not commit the same crime. In this connection, the preventive measures, such as counseling and providing legal information, as well as socialization of Corruption Law are perceived to be urgent as a new method for Indonesian in combating the corruption. This study is a normative one but employing empirical- juridical approaches. The normative research was conducted to analyze the theoretical matters of legal principles, while the empirical approach employed in the form of observing the behavior of the suspect of corruption. The findings of the study shows that the Art. 53 of the 2002 Law Number 30 it was in contradiction to The 1945 Constitution for the corruption cases cannot be tried in two different courts. That is the idea of the establishment of the Corruption Court as a special court besides the so-many corruptions committed in Indonesia where the verdict of the District Court is beyond the people’s justic
Inability of Protecting Diplomats: Problems of Afghanistan and Conflict Countries
Get PDFThis article discusses the protection of diplomats and state responsibility of physical suffering of diplomats in conflict countries, especially in Afghanistan using juridical normative methodology. This concern has to be discussed because there are a lot of attacks and physical harms suffered by the diplomats, especially in armed-conflict countries. This article analyzes the practices of protection of diplomats in some conflict countries and explain the conventions that include protection of diplomats as a part of the conventions. Thus, conflict countries are more tendentious than non-conflict countries in terms of numbers of attacks and physical harms suf-fered by diplomats. Therefore, this article analyzes the conflict country and categorizes the terms and conditions in the conflict countries. After looking into the pattern of protection of dip-lomats in some countries, this article analyzes the response shown by the receiving and sending state. There is also a discussion of the attacked diplomat cases in Afghanistan and the responses issued by the related parties. Then, protection of the diplomats and state responsibility are ana-lyzed based on the related doctrine and conventions. Changes in protection of diplomats in Af-ghanistan should be done and Afghanistan should be more concerned about this matter and based on the diplomatic convention, sending state could file a dispute settlement to an arbitrary organ and International Court of Justice to claim state responsibility. Based on the conventions and doctrine related, Afghanistan could be charged as the full responsible part