Veritas et Justitia
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MEMBACA ULANG PEMAKNAAN KEADILAN SOSIAL DALAM GAGASAN REVOLUSI HUKUM SOEDIMAN KARTOHADIPRODJO
Full text linkAbstractSoediman Kartohadiprodjo was one of few Indonesian legal scholars taking interest in Pancasila, the state ideology promulgated by Soekarno. Soediman believe that social justice, the core concept of Pancasila corresponds with the “kekeluargaan” principle as found in the constitution. However, he used the the term welfare or happines rather than social justice since the latter, according to him, tends to adopt liberalist and individualist principles, which according to him contradicts with Pancasila. He also endorsed the idea of “legal revolution”as a mean to increase the Indonesian populace’ awareness about recent legal development post independence. This article discusses and critizes Soediman’s idea on social justice and legal revolution. Keywords: Pancasila, social justice, welfare state, law revolution
PERAN SERTA MASYARAKAT DALAM PENGELOLAAN RUANG TERBUKA HIJAU (RTH) DI KOTA BANDUNG
Full text linkAs a vehicle for social interaction, open spaces are expected to be able to link all of members of society (or the local community) without differentiating between their social, economic and cultural background. Green open space forms part of the urban space available in a region that has been filled with plants in order to bring ecological, social, cultural and aesthetic benefits. From the research conducted previously, it may be gathered that reaching the green open space proportion of 30% in the city region could only have been accomplished by involving many stakesholders, especially the local community members. This phenomenon piqued the interest of the researchers to conduct further research into the active participation of society (local community members) in the management of green open space and into the policies issued by the government to increase this effort. The outcome shows that the active participation of the local community members in the utilization of green open space serves not only to supervise the government policies, but it also plays an important role in managing and maintaining the green open space in their neighborhood. The expansion of the local community’s grasp of the concept being not only the party affected by its impact, but also as the interest and pressure group broadening its active participation by participating in managing the green open space, and even expanding the green open space by making agreements with the government. On the other hand, the government itself has been making various efforts to increase the active participation from society by encouraging the usage of Corporate Social Responsibility to manage the green open space and offer training sessions and courses to the local community involved
ETIKA DAN KODE ETIK PROFESI HUKUM
Full text linkAbstractOne of the most important aspects of society is a well functioning professionals scientifical development and application are carried out by professionals and modern society cannot exit without both. The same can be said in regard to the legal profession, in this paper represented by judges and advocates. Profession therefore should be regarded an institutional framework, in which the development and teaching of sciences and humanities and its practical application in the field of spiritual service, medicine, technology, law, information and education are to be realized. Practice howerver tell a different story, and professionals perform their work within a certain socio-political field. This paper discusses the inter-relationship between professionals and their respective ethical rights and duties
KEKUATAN MENGIKAT PUTUSAN AJUDIKASI OMBUDSMAN DALAM PROSES PENYELESAIAN SENGKETA PELAYANAN PUBLIK
Full text linkBased on the regulations as arranged in the Public Service Law, in case of legal disputes or lawsuits concerning public service, the settlement can be reached in two ways, namely by mediation and adjudication of a verdict, and secondly, this legal effort can be made or initiated by a so-called Ombudsman. The adjudication process subsequently yields a verdict or sentence that is bound to lead to contradiction as the Ombudsman is not a legal institution and this is not a quasi-administrative judicial process either, for the outcome of the Ombudsman’s investigation comes in the shape of a mere recommendation, and this cannot be regarded as a proper verdict pronounced by an official judge. Based on the regulations as stated in the Public Service Law and the Ombudsman Law as well as the regulations for their execution the adjucatory verdict reached by the Ombudsman, the force of this binding decision or sentence cannot be considered final and binding as such because it only qualifies as a recommendation. Given the fact that the judicial verdict made by the Ombudsman in the settlement of lawsuits regarding Public Service comes in the shape of a recommendation, further legal efforts can be made in accordance with the existing regulations whose mechanism is similar to that of administrative appeals that culminate in imposing sanctions and publication in the media to expose the case in question
FENOMENA KORUPSI PEJABAT PUBLIK DI JAWA BARAT DAN CARA MENGATASINYA
Full text linkAbstract The negative effect of the decentralization policy implemented since 2001 is that corruption too become decentralized, especially in West Java. This article discusses: (1) patterns of corruption; (2)probable causes of corruption by government officials; and (3) proposed solution. To do just that, the author chose a socio legal research approach. Empirical data was collected through in depth interview. The main findings are: (1) Corruption in West Java mostly took the form of state budget misappropriation; (2) the major source of corruption is abuse of power, money politics and the tendency to misuse loopholes in rules and regulations. Law enforcement should therefore focus on betterment of regulation, organizational structure and legal culture of the officers
PERAN DAN TANGGUNG JAWAB LEMBAGA PELAYANAN PENEMPATAN DAN PERLINDUNGAN PEKERJA MIGRAN DI INDONESIA
Full text linkMigrant workers are the universal right holders whose rights, dignity and security require special and specific kinds of protection. The international migrant workers happen to find themselves outside of their nationality law protection system, hence their status is absolutely crucial, as they are susceptible to exploitation and harassment. This protection has been provided since the activities of the labor system in the market are related to pre-placement, placement, and post-placement. The actual implementation of this form of protection currently falls under an institution in charge of services and protection. This institution is known in Indonesia as Badan Nasional Penempatan dan Perlindungan Tenaga Kerja Indonesia, the National Institution for the Placement and Protection of Indonesian Laborers (BNPPTKI). The vulnerability of Indonesian migrant laborers can be discerned from a number of issues such as execution of the death penalty in the country of destination without any notification being given to the government of their country of origin, and acts of violence committed against Indonesian migrant workers in their workplace that is quite susceptible to 3D. By way of its various institutions, Indonesia must address the issues of migrant workers seriously and regard this matter as being subject to law in specific situations. The safe and proper migration situation of Indonesian International workers should become a role model and fall under the responsibilities of the placement institutions services and protections in order to minimize the legal issues faced by the Indonesian workers
RENCANA TATA BANGUNAN DAN LINGKUNGAN (RTBL) DALAM MENATA RUANG KOTA
Full text linkUrban society has a placed a considerable amount of hope in and holds great expectations of the Urban Planning Program (RTRWK) on RTRWK as the solution to urban planning problems. This program serves as a general guideline for urban planning, although much more detailed regulations are certainly required. The Building and Developmental Planning Program (RTBL) contains urban planning regulations that are in fact already in place despite its being much less popular and/or well known compared to its counterparts: RTRWK or even RDTR (Detailed Urban Space Management Program). Urban and environmental development planning can be one of the solutions for urban management and regulations in accordance with Law No. 26 of 2007 concerning Urban Planning, as well as government regulations for urban planning management. In this study, attempts are made to describe and explain how RTBL can be utilized as a so-called tandem solution to certain urban planning problems, after taking into consideration that various urban areas have distinct characteristics and priorities
PELETAKAN SITA JAMINAN ATAS HAK KEKAYAAN INTELEKTUAL
Full text linkThis study aims to determine the placement of sequestration of intellectual property rights. This study uses normative research, the research specification descriptive analysis, this research is carried out through the stage of the study of literature, and data analysis conducted qualitative normative. Results of this study show that can be placed sequestration of intellectual property rights, which lies in the economic value of the intellectual property rights
SIASAT-SIASAT NATURALISME DALAM FILSAFAT HUKUM: SEBUAH KONTRIBUSI FILSAFAT ILMU
Full text linkNaturalism is one of the main topics that explore the philosophical discourse. This article intends to discuss the philosophical problems of naturalism in jurisprudence. The argumentations of naturalism have affected the configuration of methodological debate in jurisprudence; between the descriptive approach and the evaluative approach. By reviewing the project of naturalism in metaphysics and epistemology and then scrutinizing how the ideas of naturalism work in jurisprudence, this article will exhibit a contribution of the philosophy of science to the scientific reflection of law. The development of naturalism creates challenges and chances at once for methodological tracing in the philosophy of law