Jurnal Wawasan Yuridika (Sekolah Tinggi Hukum Bandung)
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TANGGUNG JAWAB DIREKSI DALAM KEPAILITAN PERSEROAN TERBATAS
Get PDFManagement is an organ which represents a company's interest as an independent legal subject. The management authority of a company is based on the of fiduciary duties principle, that is to say a principle which comes out as job and position are given to the management by the company. Pertaining to representative relationship between management and company, the performance of management in the framework of fiduciary duties principle shall bind the company and shall not bind the management personally. Nevertheless, when the management commits a violation against its principle, the management can be asked for personal responsibility. Members of management are not responsible for company bankruptcy if they can prove that it is not their failure or negligence as long as they are able to manage the company carefully, have full responsibility in behalf of the company's interest and go along with the company's goal, and they do not have any clash of interest directly or indirectly of what they have performed. But, the members of management can be asked for responsibility personally, when the company bankrupts as the result of their failure or negligence in running the management and their capacity as the representative of the company limited causing the company's bankruptcy.Keywords: management, responsibility, company
ANALISIS LINGUISTIK TERHADAP ISI SHORT MESSAGE SERVICE (SMS) YANG BERAKIBAT PELANGGARAN HUKUM
Get PDFShort Message Service (SMS)is a kind of written text as a means of making a long distant communication by using a mobile phone. Communication through Short Message Service frequently causes miscommunication among senders and receivers as there is no face to face communication. This failure of communication can cause various individual and social problems. The problems appear because the receiver is not happy or being threatened by the texts sent through Short Message Service. This failure of communication also causes violation against the law. The theory used in this research is functional grammar analysis; that is to say a way to make a research on texts contained in Short Message Service (SMS). This linguisticanalytic approach is aimed at examining rationality which is related to ideas of message senders, and also examining how it is consistent with other ideas. By using grammar and logic, the researcher studies this concept by analyzing from a certain point of view.This linguisticanalytic approach examines logically concepts according to the needs of the texts which have been approached. The result of the research shows that communication for people from different social and culture backgrounds can cause misunderstanding, so it can have an impact on legal action. When we make verbal and written communication with the strangers, we are supposed to understand attentively both explicit and implicit meanings of the texts. It should be consulted with the experts or linguists in order to avoid legal action.Keywords: short message service; violation against the la
PEMBEBASAN BEA MASUK ATAS IMPOR BUKU ILMU PENGETAHUAN BERDASARKAN PASAL 25 UU NO. 17 TAHUN 2006 Jo SKMENKEU No. 103/KMK.04/2007
Get PDFBased on article 28 paragraph (1) of 1945 Constitution, every citizen should obtain equal education. Therefore, the government has given facilities to make people obtain equal education; giving facility through free duty of imported scientific books. All scientific books can be objects of free duty of imported books, except scientific books written in Indonesian. Those books are the books which aim at improving sciences in the framework of educating nation lives. Furthermore, goods, materials for the need of research and development of science as well as carrying out a research with the aim of improving the scientific level. Free duty of imported books can be proposed by tax subjects of free duty of imported books such as institution, and university.Keywords: scientific books, objects and subjects of free duties
WACANA KONSEP HUKUM PROGRESIF DALAM PENEGAKAN HUKUM DI INDONESIA
Get PDFLaws are for humans, not vice versa, thus paradigms should be used in studying law. This is the entrance and the point of view (point of view) which will affect all aspects of our learning about progressive law. People who use a different point of view will also generate learning about the law differently. Acknowledging the presence of humans as a major stakeholder in the law would place them in line with legal regulations, if not, even on higher ground.Admittedly, that it is not easy to be realized or implemented. Much easier when we only have to deal with any regulations.Keywords: Progressive Law Human - Law - Enforcemen
PENERAPAN FONETIK AKUSTIK DAN TEORI GRICE PADA REKAMAN PENYADAPAN TELEPON SEBAGAI ALAT BUKTI HUKUM: KAJIAN LINGUISTIK FORENSIK TERHADAP PERCAKAPAN ANTARA ARTALYTA SURYANI DENGAN JAKSA URIP TRI GUNAWAN
Get PDFForensic linguistics is a field of applied linguistics that involves the relationship between language, law, and crime. Practices law in this study as one solution in uncovering a legal case. This study is related to the study of transcript of telephone wiretap recordings to reveal how the subject of public law to lie. The method used is a qualitative descriptive method, a method that describes a conversation conducted Artalyta Suryani when his cell phone tapped the prosecution, viewed from the perspective of the principles of cooperation Grice. In descriptive research was conducted solely based on the facts presented or the phenomenon that is the emperis done by native speakers, whereas a qualitative approach that is pragmatic approach that bases itself on the reaction or response according to the conversational partner. The study results in a bribery case that was tapped by mobile phone is terdaspat deceit committed by the defendant. Pendingnya is they have to talk in riddles and use sign language.Keywords: Wiretapping - Forensic Linguistics - Law of Evidenc
KEDUDUKAN PANCASILA DALAM POLITIK HUKUM INDONESIA MENUJU NEGARA HUKUM KESEJAHTERAAN (WELFARE STAAT)
Get PDFIn the development of law in Indonesia, it has already changed in the fields of law, economy, culture, religion, and also technology. Therefore, politic of law in the law reform in Indonesia which puts priority on the making of law materials should adapt and accommodate the needs of society, and the implementation of the provision of law and the clearness of institutional function should be performed firmly as well as the establishment of law upholders, and finally it can create a welfare staat. Indonesia has an ideal principle, Pancasila as it is contained in the 1945 Constitution. Pancasila in the system of Indonesian politic of law has a philosophy of life, and becomes a basis of the State of the Republic of Indonesia or basis of Indonesian philosophy which has a vast philosophy study in Indonesian politic of law, both from the historical aspect and the making of law which should reflect highest values contained in Pancasila, and it should not be separated from politic of law policy.Keywords: politic of law; law upholder; State of la
BERKEADILAN YANG DILAKUKAN OLEH POLRI (Telaah Filsafat Hukum)
Get PDFLaw enforcement as facility to create the direction of law should be applied as effective as possible to create morality values in law. The failure of law is a very dangerous threat to the decrease of law itself. The law which does not have good implementation to morality values will be far and isolated from societies. The success of law enforcement will be a barometer of law legitimacy in the social reality. The law culture of law enforcement, especially Indonesian Republic State Police (POLRI) in performing their duties and their authorities as investigators still have violation culture; false arrest, incorrect procedure. Scrutinizing philosophy principle from process law (KUHAP), the function of law enforcement entrusted to Indonesian Republic State Police (POLRI) exists in the scope of performance of God's mandate.The must be courageous, and must have ability to scrutinize and understand the signal of consistent justice values with conception of God's justice values and human justice which is always created in every law enforcement. Law enforcement performed by Indonesian Republic State Police should perform good law enforcement by principles of: leaving non scientific investigation and always using examination pattern of scientific investigation; leaving incusator examination, but acusator way and also upholding presumption of innocence principleKeywords: Justice Indonesian Police Legal Philosoph
PERANAN APARAT HUKUM DALAM PENANGGULANGAN TERORISME DI INDONESIA
Get PDFThe main and essential purpose of law is to achieve justice. In oder to achieve justice in society, there should be an orde at first. Disorder and chaos can be caused by the terrorism movement. Terrorism movement in Indonesia has alraedy been increasing rapidly, both frequncies and acceleration. It goes without saying that there is a tool of legislation regulating the eradication of terrorism criminal act, namely Act No. 15 year 2003. That Act has been applied and effective since 2003, and after being implemented by the law enforcement apparatus, especially the Republic of Indonesia State Police, there are still psycological and juridicaltechnical obstacles, so the handling of this terrorism criminal act has not been successful optimally. As the terrorism criminal act is not only a local movement, but also an international network by using high technology, and terrorism movement in Indonesia has a background of islamic fundamental ideology, the government should not only use repressive paradigm and juridical approach, but also psychological and religioussociological approaches.Keywords: law enforcement; terrorism; justice; eradicatio
EKSISTENSI DAN PENEGAKAN HUKUM PERBANKAN SYARI'AH DI INDONESIA
Get PDFThe existence of syariah banking in Indonesia was thought about because of monetary crisis in 1997 as well as national political crisis. They had brought impact and influenced national economy. Such crisis has already given inspiration to bring up out of the alternative bank which could be developed in Indonesia, such as syariah banking. The research has shown that syariah bank can survive from monetary crisis, so the existence of syariah banking is hoped to become one of reliable banks. Nevertheless, in order to make syariah banking survive with its characteristic, the law enforcement of syariah banking requires more selective supervision of Bank Indonesia and needs to be supported by excellent human resources. Finally, syariah banking can still be trusted by society, and becomes one of alternative bank in Indonesia.Keywords: monetary crisis; syariah banking; law enforcemen
PERLINDUNGAN HUKUM BAGI KREDITUR MELALUI PERJANJIAN JAMINAN FIDUSIA
Get PDFLegal protection for creditors in an agreement on fiduciary making Ata was born on fiduciary assignment made by a notary, and continues to be clarified with the registration of deed of agreement, UUJF has been attempted to provide a technical protection of the interests of creditors, the only pity is not applied with the system asserts concretes, in a system of protection through the implementation of the execution of fiduciary security, which ultimately provides options for creditors to pursue the way of peace, which means anadditional cost, and to give appreciation is bad and not related to a maximum of legal protection for creditors.Keywords: Legal Protection - Creditor - Fiduciary Guarantee Agreemen