176 research outputs found
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Introducer Witness On Notary’s Deed Establishment: Forgotten Role in Indonesia Notarial Law: Saksi Pengenal Pada Pembuatan Akta Notaris: Suatu Peran yang Dilupakan dalam Hukum Notaris di Indonesia
No full textIn Law Number 2 Year 2014 regarding the Amendment of UUJN (UUJN-P) Juncto Law Number 30 of 2004 concerning Notary (UUJN) mentioned that was possible if there is a sign witness or an introducer witness. However, in Notary Law is not yet be regulated explicitly about legal protection for introducer witness who signed in a notarial deed. The purpose of this study was to know the legal protection for the introducer witness who signed in a notarial deed. The Type of research used in this research is normative, with statue approach and the results will be presented descriptively with deductive logic. The result of research shows that legal protection for introducer witness is can’t be sued because he is responsible the formal truth about people to notary only .The benefit of this research is bring information to public about legal protection for the instroducer witness
Standard Contract in Financing at Sharia' Bank: Kontrak Standar Pembiayaan di Bank Syariah
No full textStandard contract is a contract which is merely made by one of the parties and other parties agree to a contract. In practice Indonesia sharia bank, all financing contracts are made by Islamic bank in the form of Islamic standard contract. As a result, there is no negotiation between the parties. Therefore, this research will analyze standard contract in financing at sharia bank X and sharia bank Y in Indonesia. This research employs statute approach, conceptual approach and contractual approach. The outcome of this research is Islamic standard contract of financing at Sharia’ Bank are not contrary to Islamic principles throughout the contract meets the validity of contract, there is no element of which is prohibited according to the Shariah, namely gharar, maysir, usury and does not violate the principles of sharia agreement. Islamic standard contract at sharia bank X and sharia bank Y in Indonesia had described the characteristic of each Islamic financing and has met the minimum requirements accordance with the fatwa of Sharia’ supervisory board (DSN-MUI) which is regulated by the regulations of Bank Indonesia
The Corruption Investigation In The Regional Police of Riau Islands, Indonesia: Penyidikan Korupsi Di Kepolisian Daerah Kepulauan Riau, Indonesia
No full textThis research aim to analyzes the authority of the Regional Police of Riau Islands in a criminal act of corruption investigation. The method used is normative-empirical research. The results found that investigation of criminal corruption in Regional Police of Riau Islands conducted according to the authority of police investigators. In addition to proving the deeds of perpetrator, criminal investigation of corruption is also a means of restoring the state's financial losses as much as possible. In its implementation, corruption criminal investigation is influenced by legal factors, law enforcement factors, supporting facilities or facilities supporting law enforcement, community factors, and cultural factor
The Codification of Syar'i Norms in The Compilation of Sharia Economic Law: Kodifikasi Norma Syar'i dalam Penyusunan Hukum Ekonomi Syariah
No full textIt is a fact that The Compilation of Sharia Economic Law (CSEL) was arrangedfor a guiding of sharia principle in the settlement of Islamic economic disputes. As a guiding of sharia principle, ideally CSEL norms should contain the values of sharia as desired by God.The purpose of this article is to ascertain the level validity of CSEL norms when viewed from a sharia perspective. To achieve the intended purpose, the author used normative legal research and use the approach of theory fiqhmu’âmalâh iqtishâdiyah and fatwâ of DSN-MUI. From the analysis we know that CSEL norms has not legitimized the Islamic sharia as a fundamental principle formally, so consequently the existence of the norm seems to replace God's verses. Of the total norms in CSEL, there are 98.48% norms which has contained the shar'î values, while approximately 1.52% is still found problematic normsso they needs to be revised
Applying The Principle of Insurance on The Credit Life Insurance in The Consumer Lending: Penerapan Prinsip Asuransi pada Asuransi Jiwa Kredit dalam Kredit Konsumer
No full textThe specific task of the commercial banks are as follows: the bank must distribute most of the credit for developing the activities of the cooperatives and entrepreneurs economically weak or small entrepreneurs, the public banking that provides credit in foreign currency required to distribute some the foreign currency credit to finance the activities of non-oil exports and required to perform an assessment of the fulfillment the terms of the feasibility of the debtor's business. In carrying out its functions, the bank must still run banking principles contained in the articles contained in the Banking Act. It is often in distribute the credit, the bank requires the third party, such as the insurance companies. The purpose of insurance companies is to minimize the risks that may be experienced by the bank as debtors failed to pay. The bank is very concerned with their insurance company. There are various types of loans that cannot be separated by the insurance, this study focuses on consumer credit in PT. Bank Jatim. In practice, especially consumer credit lending cannot be separated from the role of the insurance companies. But in operating the bussiness, the insurance companies should also continue to apply the principles of general insurance. The application of the insurance principle is intended that no aggrieved parties. Generally speaking, there will be a conflict of interest between the application of the principles of insurance carried by the insurance company as an insurer with the business aspect of the field of insurance and banking. 
The Legal Construction of Land Bank Regulations to Realize Fair Management of State Land Assets in Indonesia: Konstruksi Hukum Peraturan Bank Tanah untuk Mewujudkan Pengelolaan Aset Tanah Negara yang Adil di Indonesia
No full textThe fact that the amount of land is fixed while the need for physical development is increasing as the increase in population, leads to inevitable social conflict. Social conflict is caused by the conflict of interest between the government and the people. The people tend to be reluctant to let go of the land they owned for the development of infrastructure in public interest with the pretext that the price set by the government is too low. As an agency for which its primary task is to reserve land for the government that is obtained before the need arises, a land bank appears to be able to be considered one of the alternatives for land procurement without conflict that can be applied in Indonesia as a solution in overcoming the land crisis for development. Through the normative legal research method, this research aims to analyzes the land bank’s concept in finding a legal construction of land bank regulations to realize fair management of state land assets in Indonesia. The result of the research shows that the legal construction of regulations for a land bank as an effort to realize fair management of state land assets can be achieved with regulations equal to a law. Values of fairness, legal certainty, and legal usefulness in the organization of a land bank must be included in the legal and normative basis in the content of the proposed law
The Concept of Village Autonomy in Indonesia (Indonesian Constitution Perspective): Konsep Otonomi Desa di Indonesia (Perspektif Konstitusi Indonesia)
No full textIndonesia was introduced to the term, “village autonomy” in 1970s; however, throughout the past years of establishing autonomous villages in Indonesia, the legislators have not been able to provide any clarity about this concept. Villages, as a legal entity, do not have enough independence to represent themselves as an autonomous unit of community in the state administration system of Indonesia. Article 18B and 28I of the second amendment of The 1945 Constitution of The State of Republic of Indonesia (UUD 45) state that the villages can have independent governments, by giving the alternative of village autonomy. Implementation the Law No. 6 Year 2014 is a part of the effort to realize the message of constitution and hence conception of autonomous villages is expected to be the catalyst for this concept. The presence of this law had a considerable impact on the 2014 presidential elections. Because of this people are concerned that political interests may try to drive and turning the direction and purpose of the law. This study is a part of the research on the implementation of village autonomy policies in Indonesia, and is compiled by using statute and conceptual approach
A Critical Review of Child Labour in Nigeria and The Case for Child Entrepreneurship: Tinjauan Kritis Pekerja Anak di Nigeria dan Kasus Kewirausahaan Anak
No full textNigeria and the world over condemn forced or exploitative labour of a child, for the obvious reason of the adverse physical, psychological, mental and emotional effect of it on children. What is condemned is not child labour per se, but child forced or exploitative labour. This paper analyses the condemnable child forced or exploitative labour, distinguishes it from the accepted child labour and makes a case for the advancement from child labour to child entrepreneurship. It posits that the advancement to child entrepreneurship shall enable the Nigerian child to contribute their bit to the financial wellbeing of their family and the economic development of Nigeria
Access to Justice and Labor Law Reform in Asia: Akses terhadap Keadilan dan Reformasi Hukum Perburuhan di Asia
No full textThe existence of national labor law system guarantees fair is one of legal reform to achieve access to justice. This study aims to analyze whether the system of labor law has given capacity to achieve access to justice as the basis for implementing international labor relations in Asia. The method of this study is a normative legal research with statute approach. The findings support that there was an inconsistency on the substance of the legal structures that affect the low legal culture. The substance of the national labor law systems have not adapted the comprehensive International Labor Organization (ILO) conventions. Less robust system of national labor laws affect access to justice in the weak field of labor in the region
A Critical Review of Waging in Indonesian Law: Tinjauan Kritis Pengupahan dalam Hukum Indonesia
No full textThis article is comprehensive look of waging in Indonesian law. Waging in employment still pose a problem. No details of the principle of fair and decent with the policies or the application of the rules of waging, always give rise to new issues and discourse. For the Government, to apply fair and decent wage does not merely make the norm on paper but should be able to guarantee the implementation of the norms in society. This paper uses the literature method with the concept approach. This article discover that the wage disputes can be avoided whereas industrial society interpret the wages in return for the sacrifice that has been given and is able to meet the needs of food, clothing and housing. Then it is not worth it if one party for their maximum benefit utilizing weakness of workers by making the waging system that ignores the principle of fair and decent