Jurnal Wawasan Yuridika (Sekolah Tinggi Hukum Bandung)
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DESA DAN HAK-HAK TRADISIONAL
Get PDFVillage, as a social identity has already become a social institution which has an important position. Village with different kinds of its typology has been a basis of society lives, and has autonomy in the framework of regulating authority order and management order of people, local institution, and economic resource. Traditional rights possessed by villages are acknowledged by the state. This is reflected in provision of article 18 B of 1945 Constitution, and provision of article 1 number 1 of Act No. 6 year 2014. By acknowledgment of the state, traditional rights will never vanish although there is a paradigm shift. More over, there is a proverb “berat sama dipikul, ringan sama dijinjing”.Keywords: autonomy, traditional rights
EPISTEMOLOGI HUKUM ISLAM RASIONAL - EMPIRIK (AQLIYAH - TAJRIBIYYAH)
Get PDFThe rational and empirical study is not separated from some methods to produce legal source of aqliyyah, that is to say a rational reasoning which becomes a legal source based on ijtihad which has a relative accuracy level. It should be noted that legal sources of aqliyyah generally are referring to practical laws in the field of mu'amalah, and the knowledge obtained through al Tajribah is knowledge on phenomenon which is obtained through mind and sense collectively. This phenomenon occurs because of being created and reached by human ability to create it, and it occurs out of human ability to create it. When someone knows something based on experience, so the knowledge can be an argument (istidlal) to other people who do not experience.Keywords: rational, empirical, aqliyyah, tajribah
PENYELESAIAN SENGKETA PERDAGANGAN MELALUI ARBITRASE SECARA ELEKTRONIK (ARBITRASE ON LINE) BERDASARKAN UNDANG-UNDANG NOMOR 30 TAHUN 1999 TENTANG ARBITRASE DAN ALTERNATIF PENYELESAIAN SENGKETA
Get PDFThe advancement of information technology bears different kinds of activities, including ecommerce transaction. In this process of ecommerce transaction, there is still a problem. The solution to this problem is through arbitration on line. Nevertheless, not all business doers in traditional commerce and ecommerce know the process of commerce dispute settlement through arbitration on line, and law provision so that the process of arbitration on line is not suitable with the existing provisions that is to say Act of Dispute Settlement Alternatives (APS), and Act of Electronic Technology Information (ITE). There are some problems; validity of arbitration on line, process of arbitration on line, and also obstacles in implementation of arbitration on line decision. The result of this research shows that the implementation of arbitration on line in Indonesia has already been suitable, and it is not in contradiction to the existing legislation, although there is no regulation of implementation which regulates the process of arbitration on line.Keywords: Arbitration On Line non Litigatio
PEMBERLAKUAN HUKUM INTERNASIONAL PUBLIK DALAM INSTRUMEN DAN PRAKTIK WORLD TRADE ORGANIZATION
Get PDFHow does the World Trade Organization relate to the wider corpus of international law ? No straightforward answer can be found in the WTO rules. Yet , as will be shown by the present writer, WTO documents incorporate various rules of general as well as special internationallaw. There are WTO rules that confirm preexisting rules of international law or preexisting treaty law, or deviate from, or even replace preexisting rules of international law. In WTO practices, norms of public international law are frequently invoked before the WTO “judiciary” (Panels and the Appellate Body), and WTO members could clarify or change the relationship between WTO law and other rules of international law. WTO rules are just a partof public international law but in many respect they are lex specialis as opposed to general international law.Keywords: Role of Education - Employment - WT
KRIMINALISASI KEBIJAKAN
Get PDFLegal protection, especially against the alleged criminalization policies, which apply to policy makers and implementers, should be explicitly included in the legislation, as an excuse criminal eraser, ie eliminate unlawful nature (justification). However, its implementation should be done with reference also to some general principles of state governance, namely: the principle of legal certainty, is a principle in law that gave priority to state the basis of legislation, decency and fairness in every policy of state officials, the principle of Orderly Operation of the State, is a principle that to order, harmony, and balance in the control of the state organization, the principle of public interest, is the principle of priority to public welfare by aspirational, accommodative and selective, the principle of openness, is the principle of opening up to the right of people to obtain correct, honest and not discriminatory on the administration of the state with due regard to protection of personal rights, class and state secrets, the principle of proportionality, is a principle that prioritizes a balance betweenrights and obligations of the state, the principle of professionalism, expertise is a principle that prioritizes based code of ethics and rules of law and regulations, and principles akuntabililas, is a principle which determines that each activity and the end result of the activities of stateadministration must be accountable to the community or the people as the supreme sovereign state in accordance with the provisions of the legislation in force, also refers to the principles unwritten law which is the propriety of living in society. During the signs are obeyed, then thecriminalization of policy, will not do.Keywords: Criminalization Policies - Public Policy - Crimes Against Public Interes
NOMOR POKOK WAJIB PAJAK (NPWP) DAN PENGUSAHA KENA PAJAK (PKP)
Get PDFEvery taxpayer who has fulfilled subjective and objective qualification in accordance with provision and Taxation Act has an obligation to register to Directorate General of Tax where its working area covers the residence or position of the taxpayers and to them are given Registered Number of Taxpayer Subject (NPWP). Then, every taxpayer as a taxable entrepreneur based on Value Added Taxation Act year 1984 and its amendment has anobligation to send their business reports to the office of Directorate General of Tax where its working area covers the residence or position of the taxpayers and their places of business to become taxable entrepreneurs.Keywords: Self Assessment Registered Number of Taxpayers Subject: Taxabl
KRITIK TERHADAP PARADIGMA POSITIVISME
Get PDFPositivism paradigm shows that a resource to obtain the knowledge is by using healthy mind and performing an observation. Using healthy mind is a potential; a means of obtaining,achieving, and also revealing the truth through observation, and finally finding concept, generalization, proposition, and theory.Keyword: paradigm; positivis
SEBUAH KONTEMPLASI TENTANG KLASIFIKASI HAK-HAK ASASI MANUSIA
Get PDFToday, Human rights study is the most popular study object and attracts many scholars from other disciplines, and law science as well. One of focused human rights study fields is right which can be classified as a part of human rights, as the rights cannot be mentioned as fundamental rights. This writing gives an ideal classification of human rights so it can represent the definition of human rights as a universal, eternal, and natural concept. Rights classified as human rights are as follow: (1) right to live; (2) right to speak and express opinion; (3) right to freedom of assembly; (4) right to participate in government; (5) right to continue descent; (6) right to achieve prosperity; (7) right to achieve equal justice; (8) right to perform religious service; and (9) right to achieve equal position under the lawKeywords: Human Rights, Fundamental Rights, Constitution La
PENDIDIKAN HUKUM KRITIS PADA ANAK KONFLIK HUKUM (Studi Kasus di Rutan Kebon Waru Bandung)
Get PDFChildren in conflict with the Law residing at any state prison should have equivalent rights to education when compared to other children. A non formal way of teaching in forms of training and supervision could be provided in such a case. Law education is a part of coaching and guidance process which could be given to the children in conflict with the Law. Since law education at prisons is non formal in nature, the teaching of critical law education could as well be provided as an alternative in the process of coaching and guidance at the Calss 1 State Prison of the city of Bandung, Indonesia. According to the research, the author, findings as the result of the study are ; First, critical law education for children in conflict with Law is normatively based on the rules and regulations pertaining to training and supervision for prisoners and in mates. It is hoped that the children would gain a stronger personality and be more self determined; Second, the material to be given is applicable in nature, with emphasized on training and supervision to empower personality and self determination; Third, The method of education is dynamic, with a highlight on values through a process of guidance; Fourth, The process of education includes teaching of juridical and moral aspects of law, based on existing rules and regulations which highlight the level of requirements of the children, exploiting various sources close to their lives.The process of education is given separately in group or in blocks; Fifth, The process of critical law education has exercised every supporting aspect of education such as resources persons, messages, materials, tool, techniques/methods and physical and social environtment of the prison as the sources of education for the children while still consider their needs, availability, accessibility and cost consciousness in order for them to get hold of the said sorces.Keywords: Critical Legal Education - Relieve - Children'sLegal Conflic
PEMIKIRAN MENUJU HUKUM PROGRESIF
Get PDFAbstractThe idea of progressive law stimulates legal professionals community to encourage themselves to create a breakthrough in performing the law in Indonesia, and it is not handcuffed by legal analytical and positivism though. It is not only suggested to perform rule making and rule abiding, but also to perform rule breaking. Those things are not negligible because there are still another ways through legal method, legal theory, and new paradigm which can be created to perform rule breaking. Then, to create all those things above, there should be an important role from academics to appear and show themselves as social powers which can assist actively in order to make the law come out from difficulties and declines.Keywords: progressive law; positivistic; academi