Jurnal Wawasan Yuridika (Sekolah Tinggi Hukum Bandung)
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BEBERAPA PANDANGAN HISTORIS DAN PRAKTIK PELAKSANAAN DOKTRIN REBUS SIC STANTIBUS DALAM HUKUM INTERNASIONAL
Get PDFBy rebus sic stantibus, the countries with their efforts could demand their rights back. Differences in terminology can thus blurthe differencesand the similarities in theimplementation. The International Law Commission has rejected the usage of the terminology of rebus sic stantibus. They prefer using the terminology of the doctrine of fundamental changes on equality and justice reasons, and getting rid of the terminology of rebus sic stantibus as it is assumed to cause unintended effects. This doctrine, in fact has been performed, primarily after the end of the war between the allies and Germany. A conditional change can be expressed, although it can not properly be predicted before. It depends on the intention and the hopes of the concerned parties, and intended change characteristic as well which may appear from suspension and restriction of doctrine implementation according to the circumstances of that time.Keywords: Rebus sic stantibus - International Law -Implementatio
KEPASTIAN HUKUM WAKAF UANG DI INDONESIA
Get PDFWaqaf, property donated for religious or community use which is known in the society is waqaf of land, or house. But, nowadays waqaf has been wider as can be seen in article 15 paragraph 3, Act No. 41 year 2004 on waqaf. Waqaf can be in the form of giving or donating movable objects, such as money, gold. Article 28 and 29 are the basis of the existence of law of money waqaf, so it has a legal certainty, and it can be applied in Indonesia according to syari'ah.Keywords: money waqaf, legal certainty, syari'ah
MASALAH PIDANA MATI DALAM PERSPEKTIF PEMBAHARUAN HUKUM PIDANA DI INDONESIA
Get PDFIf penalty is formulated in the Criminal Code, it will be against the principle of equality. In Netherlands, death penalty has been abolished since 1980. Apart from principle of objection, death penalty occasionally is defended on behalf of religious principle, and moreover the death penalty in Netherlands is not regarded any more to keep and protect legal order. Keywords: principle of equality; death penalt
PELAKSANAAN ASAS KETERTIBAN UMUM DI PENGADILAN NASIONAL TERHADAP PUTUSAN BADAN ARBITRASE ASING (LUAR NEGERI)
Get PDFNew York convention was designed to give international value to decision of arbitration and also has regulated two items in arbitration mechanism, that is to say recognition of arbitration clause, and also recognition and implementation of arbitration decision. National court of justice related to this mechanism will adapt itself to convention regulations. This case is possible to appear although every party has chosen substantive law from different countries to regulate their agreements, because court of justice can refuse arbitration decision if it is assumed to violate against public order.Keywords: New York Convention Principle of Public Order National Court o
PRINSIP MENGENAL NASABAH (KNOW YOUR CUSTOMER PRINCIPLE) DALAM PRAKTIK PERBANKAN
Get PDFThe banking industry in its development in Indonesia is inseparable from the problems of the problem. The problems are caused by not understanding regulations in banking practices, such as regulation on Know Your Customer Principle.Know Your Customer Principle regulated in Bank Indonesia Regulation No. 5/23/PBI/Tahun 2003, dated October 23, 2003 is one attempt to realize the prudential principle which is a legal principle in the Banking Act. Thus, the importance of Know Your Customer Principle so that the application does not just apply nationally, but internationally as well. Even recommended by the Basel Committee on Banking Supervision, which is contained in the organizational committee of the Bank for International Settlements.Know Your Customer Principle is not only related to “the healthiest” of a bank, but also beneficial to prevent the occurrence of suspicious transactions from customers that lead to the act of money laundering.Keywords: Legal Principle - Know Your Customer Principle - Principle of prudentia
KEDUDUKAN “LEX NE SCRIPTA” DALAM SISTEM HUKUM INDONESIA
Get PDFoai:ojs2.ejournal.sthb.ac.id:article/1The values of Pancasila in our country does not become an ideal principle in every activity of lives. It is not used as a main basis of national law even as the source of all sources of law. The implication is that; in the level of application there are always stagnancy and resistance in the implementation and law enforcement. This is because of there is no “lex scripta” as a norm of positive law which regulates and can become juridical principle to ensnare an unlawful act. Whereas, “lex scripta” norm of law is acknowledged as the norm of law in Indonesia which derives from values of Pancasila as “rechsidee”, “grundnorm”, both in Pancasila and 1945 Constitution, and also judicial authority which merely gives authority to law enforcement apparatus to investigate, sue, punish, and decide an unlawful acts. In the system of law in Indonesia, the position “lex ne scripta” is equal to “lex scripta”. The consequence of law is that; “lex ne scripta” can replace the position of “lex scripta” if in the norm of positive law does notregulate unlawful acts. Related to the compilation of national law system in Indonesia, “lex ne scripta” plays an important role in developing law, especially in the context of determination of legal substance, implementation and law enforcement, and also law behavior.Keywords: Pancasila National Law System Implementation and Law Enforcemen
PEMBERANTASAN MAFIA PERADILAN DENGAN PEMBERDAYAAN “GAYA SENTRIFUGAL” DAN “SENTRIPETAL” UKUM DALAM PENEGAKAN SUPREMASI HUKUM (Suatu Kontemplasi Refleksif)
Get PDFJudicial corruption in Indonesia is offenses beyond the reach of the law, Its growth is systemic, not just individual form of corruption, but also shaped, structural, institutional, and political corruption. Such crimes, it can disrupt and inhibit the development of law, hinder the achievement of objectives of the law, threatening the whole system of law, undermine the legal guidance and law enforcement officials, as well as damaging the quality of law enforcement in a fair and dignified. Mitigation efforts should integrate efforts and Penal nonpenal simultaneously. In the law enforcement policy, the instrumental anticorruption law should be empowered to implement the "centrifugal force" laws, and legal position imperatively must be centered and focused in the community, both as adresat legal arrangements and the rule of law. In order to streamline law enforcement, is necessary to reform anticorruption law, which is done by applying the "centripetal force" laws, and laws should be interpreted as a subsocial systems that influence and determine the legal establishment.Keywords: Judicial Corruption - "sentri fugal force of law" - "style petal sentri law
SOLUSI PROBLEMATIKA PENYIDIKAN DALAM KERANGKA EFEKTIVITAS SISTEM PERADILAN PIDANA DAN REKOMENDASI PEMBENTUKAN LEMBAGA “PENYIDIKAN LANJUTAN” DALAM PEMBAHARUAN KUHAP
Get PDFCriminal Justice System is a method of crime prevention by means of the Criminal Code. The way it works by actualizing, concretizing, functionalizing, and operationalizing the provisions of the Criminal Law in a criminal justice mechanism. The goal is to solve crimes as quick as possible by completing criminal matters into submission. To achieve its objectives, the components must work together in a systemic justice in all phases of criminal justice. But at the level of investigation as a prejudice stage, found problems with noncompliance with the formal and substantive requirements of an investigation. Consequently action of "preaccusation", and such incidents often occur repeatedly. The access; there is accumulation of matter at the level of investigation. On the other hand, in the case of certain crimes, the problem of authority is also investigating a collision occurred between the Police Investigator with the Civil Servant. Some policyrelated legislative, even eliminate the authority of the Police as an investigator. Problem solving of legal problems over the required solution. First of yuridik investigation techniques while referring to the "legislated" environment, applying the principle of due process of law and not marginalize the living law. Second, in order to reform the Criminal Procedure Code recommended a procedural policy of "Institute of Advanced Investigation" to meet the speedy trial principle in the framework of effectiveness of Criminal Justice System.Keywords: Criminal Justice System ”“ Investigation " Institute for Advanced Investigation"
ANALISIS MENGENAI ZAKAT PROFESI KAITANNYA DENGAN PAJAK PENGHASILAN
Get PDFTithe, as one of the Islamicpillars of faith is the obligationfor every Moslem who can afford to pay for it, and it is intended for those who are entitled to receive it. With good control and management, tithe is a very significant source of fund which can be used to improve and develop social welfare for all walks of life. Tithe is worship in the area of property containing great and glorious wisdom and benefits, both related to muzakhi (a person who gives tithe), mustahiq (a person who receives tithe), treasures, and also societies. The regulation of tithe distribution has been regulated in Act No. 38 of 1999 on Tithe Management with Decree of Minister of Religion No. 581 of 1999 on Implementation of Act on Tithe Management. Pertaining to the relationship between tithe and tax, primarily income tax according to Act No. 36 of 2008 on Income Tax, it can be explained that; to determine the size of the taxable income of the taxpayer in the country and fixed business formshould not be deducted, unless income tithe which is paid by tax payer, individual, Moslem, or tax payer of a domestic corporate body owned by Moslem given toAmil Board of Tithe and Amil Agency of Tithe, established and endorsed by the government.Keywords: Profession Tithe - Income Ta
PERANAN PENDIDIKAN TINGGI HUKUM DALAM MEMENUHI TUNTUTAN DUNIA KERJA
Get PDFThe role of higher education in law there are three responsibilities, universities, namely education, research and community service. Through dharma education, higher education law is expected to forge and produce skilled human resources who have the knowledge, so that will be donated to the community, nation and state. Through dharma research, higher education law was expected to make innovations that are useful for national development. Through the third dharma is the law of higher education acts as a motivator, mediator, problem sover, and catalyst between government interests on the one hand and the needs of society on the other. Thus, the higher education law as a vehicle and simultaneously shape the scientific community participation in development, especially development in the field of labor. Through this education, it is directed to be developed and modern nation, among others, characterized by high menunjung attitude of professionalism, respect excellence, efficiency, has a work ethic, be disciplined and have a high sense of time, aware of science and technology, constantly renew themselves through studying.Keywords: Role of Education - Employmen