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The Independence of Notary in The Civil Partnership of Notary: Independensi Notaris dalam Persekutuan Perdata Notaris
No full textThe continued development of business in Indonesia, would make the greater role of the notary. The number of notaries and needed in each region in Indonesia gets greater. This rapid development, then coupled with the new policy. Previously, Peraturan Jabatan Notaris(PJN) prohibited Perserikatan, but since the establishment of Undang-Undang Jabatan Notaris (UUJN) has changed otherwise. Notary possible to make associations in a Civil Partnership. Even Peraturan Menteri Hukum dan HAM RI Nomor: M.HH.01.AH.02.12 Tahun 2010 tentang Persyaratan Menjalankan Jabatan Notaris Dalam Bentuk Perserikatan Perdata described the formation of the implementing regulations of the Civil Partnership. Is it true that Civil Partnership would make science benefit for junior notary and will facilitate the work of a Notary Or it would make large colonies notary who compete each other, so that the function of a notary public is no longer as state officials, but it called the company deed. This journal examines the Civil Partnership in Kitab Undang-Undang Hukum Perdata and would review the principle of the independence of the notary as set forth in Undang-Undang Jabatan Notaris. How To Cite: Agustin, A. (2014). The Independence of Notary in The Civil Partnership of Notary. Rechtsidee, 1(2), 131-146. doi:http://dx.doi.org/10.21070/jihr.v1i2.10
The Law Enforcement of Journalism Profession in The Context of Press Freedom: Penegakan Hukum Profesi Jurnalistik Dalam Rangka Kebebasan Pers
Full text linkLaw No. 40 of 1999 on Press is a manifestation of respect for the legal protection of press workers . Press in their role contributes to the intellectual level of the nation, through the information submitted in news publications, as well as bringing stipulated by the 1945 Constitution of Republic of Indonesia on freedom of thought and speech as Human Rights. However, in carrying out their journalistic duties, the Press should have responsibilities in the news process, and must not violate the ethics of his profession. Press that violates profession intentionally or unintentionally in the writing and publication of news in the public sphere, will still do the law enforcement process for any misuse of the meaning of freedom of speech and thought that harm others. Enforcement of this law, in line with the revocation of the right of immunity of profession issued by the Constitutional Court, which means the Press as a Professional must do the job with the precautionary principle, not by carelessness due to the trapped arrogance of jobs, and injuring other people's human rights, even doing work profession with not commendable behavior. How To Cite: Astuti, S. (2014). The Law Enforcement of Journalism Profession in The Context of Press Freedom. Rechtsidee, 1(2), 175-190. doi:http://dx.doi.org/10.21070/jihr.v1i2.9
Criminal Justice System of Children in The Law Number 11 of 2012 (Restorative Justice): Sistem Peradilan Pidana Anak dalam Undang-Undang Nomor 11 Tahun 2012 (Restorative Justice)
Full text linkThe future of the children will determine the future of the nation. The increasing problem of juvenile delinquency in this globalization and information technology era, requires the state to give more attention to the child's future. Application of the criminal justice system for children in Indonesia is as stipulated in Law Number 3 of 1997 potentially detrimental to the child's interests. In practice, the judicial system had many problems, among them is a violation of the rights of children, such as: physical and psychological violence, as well as deprivation of the right to education and welfare. It happened because the juvenile justice system is against to national and international regulations on the protection of children’s rights. Besides that, theory of punishment for the juvenile delinquency still refers to the concept of retribution for the crimes. This concept is not very useful for the development of the child, so the concept need to be repaired with the concept of restorative justice. With this concept, the criminal justice system for the juvenile delinquency, leads to the restoration of the state and the settlement pattern, involving the perpetrator, the victim, their families and engage with the community. This is done with consideration for the protection of children against the law. Whereas in line with this spirit of the restorative justice, it gives birth to the Law No. 11 of 2012 on The Criminal Justice System of Children
The Authority of Notary as Public Official in The Making of Land Deed and Auction Minutes Deed According to The Law Number 30 of 2004 on Notary: Kewenangan Notaris Sebagai Pejabat Umum Dalam Pembuatan Akta Berita Acara Lelang Dan Akta Tanah Menurut Undang-Undang Nomor 30 Tahun 2004 Tentang Notaris
Full text linkBirth of Law No. 30 of 2004 on Notary, regarded as the beginning of reforms in the field of notary. A notary who previously carried out its duties based on the Dutch heritage regulations Reglement op Het Notaris Ambt in Indonesie (Stb. 1860:3) was started feels aware of its existence by the government. However, one of the impact of these laws is the extension of the authority of the notary to make the auctions minutes deed and the land deed, but as it is known in advance, making auctions minutes deed is the authority of the auction official, and make the land deed is the land deed official authority (known as PPAT ). Based on Vendu Reglement (VR), only authorized officials that can make auctions minutes deed, and if the notary push him to make it, then the power of the deed will degrade into privately made deed because it is not made by the competent authority. As with the land deed, authorized officials to make the land deed is PPAT, but the authority specified in Article 2 paragraph (2) of Government Regulation No. 37 of 1998 on Land Deed Official. Therefore, the Notary can make land deed, on condition not including the deed contained in that Article 2 paragraph (2). How To Cite: Multazam, M. (2014). The Authority of Notary as Public Official in The Making of Land Deed and Auction Minutes Deed According to The Law Number 30 of 2004 on Notary. Rechtsidee, 1(2), 147-162. doi:http://dx.doi.org/10.21070/jihr.v1i2.9
Tapping: Political Delict That Injure The Rule of Law in The Modern States (Case of Indonesia President Susilo Bambang Yudhoyono/SBY Tapping by Australian Signal Directorate/ASD): Tapping: Delik Politik Yang Merusak Rule of Law di Negara Modern (Kasus Tapping Presiden Indonesia Susilo Bambang Yudhoyono/SBY oleh Australian Signal Directorate/ASD)
Full text linkThe interception case of SBY, his wife and the other official, by ASD/ Australian Signal Directorate to be a central topic in this paper. Start of the case, and then it searches in the category, such as general criminal offense, special criminal offense, or political criminal offense. The study becomes interesting because the tapper country and his object country have the same characteristic, that is the country with supremacy of law. With the result that, the criminal offense, specifically for this interception, it is like injury to the rule of law. How To Cite: Mediawati, N. (2014). Tapping: Political Delict That Injure The Rule of Law in The Modern States (Case of Indonesia President Susilo Bambang Yudhoyono/SBY Tapping by Australian Signal Directorate/ASD). Rechtsidee, 1(2), 163-174. doi:http://dx.doi.org/10.21070/jihr.v1i2.10
Freedom of the Press In the Scope of Human Rights: Kebebasan Pers Dalam Ruang Lingkup Hak Asasi Manusia
Full text linkFreedom of expression and press freedom is the embodiment of the recognition of human rights. Freedom of expression is also the existence of press to disclose the news with honesty and do not get a pressure to deliver the news to the public space, which in news production is known as a work of journalism. Now the press has gained freedom of expression in the news production process which is guaranteed in the state constitution. Although Article 28 of the Constitution of the Republic of Indonesia 1945 does not point directly at the press, However, Article 28 F emphasis on processing and storage as well as ownership, excavations to information. It also contains provisions on the freedom of expression of others, which should be valued and respected. It shows equality for everyone in his position before the law in accordance with Article 27 1945 Constitution, which emphasizes the recognition of constitutional rights that belong to every person in the state of law in the Republic of Indonesia. Thus the press, which have freedom of expression in the writings of journalistic works are required to be responsible for the published news. So as not to face the legal issues and criminalization, then press should perform tasks and functions to enforce ethics as the precautionary principle when processing the news and broadcast it to the public space, as well as upholding human rights.