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Optimalisasi Peran Badan Usaha Milik Negara (BUMN) pada Era Masyarakat Ekonomi Asean (MEA)
Full text linkASEAN Economic Community (AEC) which came into effect since 2015 requires the creativity of the Indonesian society in competing with other ASEAN countries. One of the necessary strategies in dealing with AEC is to optimize the role of the State-Owned Enterprises (BUMN). With regards to the implementation of the AEC, it is important to provide adequate regulation in order to ensure legal certainty for BUMN. The main purpose of this research is to discover form of national regulation that can maximize business opportunity for BUMN in AEC era. It is found that the existing regulations have not yet given business opportunity for BUMN in AEC era. The existing regulations are contradictory one to another especially relating to the status of the state finance inserted as capital into BUMN. In addition, the Constitutional Court decision Number 48/PUU-XI/2013 maintained that the capital inserted into BUMN is considered as part of the state finance. Therefore, this brings about fundamental impact on future cases since the nature of the Constitutional Court decision is erga omnes
PERLAKUAN TERHADAP TERPIDANA MATI DI LEMBAGA PEMASYARAKATAN DALAM PERSPEKTIF HAK ASASI MANUSIA
Full text linkThe Penal system is conducted by the correctional facility was only oriented towards convicted criminals. The problem was on how to treat death penalty convicts who are in the penitentiary during the execution waiting period. The result research’s on Penal system is only effective for convicts obliged to follow the restoration program, whereas the death penalty convict was not obliged and for him to decide actively or not to follow the restoration program. The restoration program must to be obliged for the death penalty convict, so that the penal system could provide protection for Human Right
UPICC SEBAGAI MODEL BAGI PEMBARUAN HUKUM KONTRAK INDONESIA DALAM RANGKA MENGANTISIPASI BERLAKUNYA MASYARAKAT EKONOMI ASEAN TAHUN 2015
No full textThe current Indonesian contract law which is inherited from then Dutch colonial is no longger compatible with the the rapid development of international trade and business practice. Indonesia, therefore for quite long time, has made an effort to reform its contract law. However, those efforts are not successful so far. The entry into force of the ASEAN Economic Community in 2015 is a good momentum for Indonesia to revisit the idea of the reform. This research tried to find out the most possible approach for the reform. The research applied normative juridical method with futuristic approach. In conclusion, UPICC as an international instrument may well serve as model for the new Indonesian contract law. With its soft law character, UPICC may flexibly be adjusted in order not to prejudice the fundamental principles of Pancasila
MEDIASI SEBAGAI PENGUATAN KEARIFAN LOKAL BANYUMAS DALAM PENYELESAIAN PERKARA PIDANA
Full text linkThis study is discussed about the mediation mechanism based on the local wisdom in Banyumas and factors inhibiting in the implementation. This study used a qualitative sociological juridical approach. The results showed that the mechanism for the resolution of criminal cases through mediation based on the value of local wisdom in Banyumas can be done outside and within the criminal justice, while still empowering the use of social network mediator. The mediation mechanism outside the criminal justice is done when the criminal case has not been reported or filed to the police, while the mechanism in the criminal court is done when a criminal case has been reported or filed with the police, and each of these mechanism has a sequence of stages. Meanwhile, the voluntary mediation became the first and man choices of Banyumas people. Inhibiting factors in the implementation of the mediation is primarily related to substantial and cultural components
KAJIAN TERHADAP AKAD MURABAHAH DENGAN KUASA MEMBELI DALAM PRAKTEK BANK SYARIAH
Full text linkMurabahah is a buying and selling contract between two parties in which the first party, the seller (bai’) has an obligation to sell goods needed by customers. The second party is the buyer (musytari). This party is obliged to pay the goods purchased. In murabahah, the first party or the seller (bai’) informs the customers about the cost of goods sold along with the agreed profit. Murabahah is commonly used in Islamic bank financing practices especially murabahah with buying authority. In this practice, akad (contract) murabahah and authorization contract are merged in one contract. This means that the seller will automatically become the party who gives authorization and the buyer becomes the party who receives authorization. The problem of the research is how the murabahah contract with buying authority is applied in Islamic bank financing which accords with Islamic principles. The type of the research is juridical normative by using legal approach. This research used primary, secondary, and tertiary legal materials as the main source. The analysis method used was descriptive method. The research result indicates that the merging of both murabahah contract and buying authority contract are approved to be correct according to Islamic principles. However, it must be conducted carefully since there has to be clear differentiator between when the murabahah contract and when authorization contract take place. Other than that, there has to be clear from several parties between the rights and obligations of the parties involved in murabahah contract and buying authority. In the financing practice with buying authority, banks are the seller when murabahah contract takes place and customers are the buyers. Meanwhile, in buying authority contract, banks are the principals and customers are the agents. Murabahah contract is conducted after buying authority contract takes place
PERJANJIAN PENGADAAN TANAH KAS DESA SEBAGAI LAHAN KAWASAN INDUSTRI DI DAERAH ISTIMEWA YOGYAKARTA
Full text linkSpecial Region of Yogyakarta wants to increase the investment, there are some method that is quite effective in investor, one of them is by developing industrial area. Government Regulation Number 24 of 2009 concerning on Industrial Area explained that industrial area is where the central of Industrial activity that equipped with facilities and infrastructures supported and managed by industrial estate Company which already have Industrial Business License. With that fact, the researcher interest to research on industrial area. Most of the land in Yogyakarta is Sultan Ground and land of village cash, so to organize the investment program, a model of agreement is needed that can guarantee the parties in developing the investment, especially in the Special Region of Yogyakarta. The Methods of this research is literature Legal approach that examines legal materials and other legal materials, with the aim of the existence of guidelines or regulations concerning the procurement of land for industrial area which is Sultan Ground or land of village cash
Penanggulangan Penangkapan Ikan secara Ilegal di Perairan Provinsi Aceh
Full text linkCountermeasure against illegal fishing in Aceh water territory has not yet run effectively as expected in accordance with the Law Number 45 of 2009 on Fisheries. This research aims to identify the policies of the local government relating to the countermeasure of illegal missing the mentioned territory. Data were collected through library research on reliable sources such as books, journals and other scholary works. In addition, field works foe collecting primary data have also been conducted through interview with relevant informen and respondents. It is found that the local government has shown necessary efforts in preventing and combating illegal fishing by issuing regulation concerning fishery issues and making coordination with relevant parties the Navy, Office of Maritime Affairs and Panglima Laot. Nevertheless, more efforts are needed including the issuance of the more specific regulation on illegal fishing which can address the case of illegal fissing by foreign fishing vessels. This is important since the existing regulation can only deal with the case of illegal fishing carried out by local fishermen with regards to illegal fishing gear and fishing permits
RESTORATIVE JUSTICE: PARADIGMA BARU PERADILAN PIDANA
Full text linkDirection of criminal justice in Indonesia is currently experiencing a shift from retributive to restorative-rehabilitative or daad-dader-strafrecht or model of balance of interests. This is confirmed by Laws No. 11 of 2012 on Juvenile Justice System, which states in Article 6 to Article 8 that emphasizes the concept of restorative justice through diversion. Both of these concepts allow the settlement of children out of the criminal justice. However, not all criminal offenses committed by children can be settled out of court (diversion) unless two conditions are met: imprisonment for a criminal offense under seven years and is not a repetition of criminal offenses (recidivism). The essences of restorative justice are: First, in the settlement of children, it is necessary that the offenders and their families and victims and their families can sit together to discuss the settlement of issues including reparations to victims (restitution in integrum). Second, the essence of restorative justice is to give punishment to the offenders but the punishment is didactic, in order to benefit to both of the perpetrator and the victims. This is in line with an adagio “delinquens per iram provocatus puniri debet mitius”. Third, regulation of a quo using two approaches: i.e. victims and offenders mediation approaches as implemented in North America as well as approach that emphasizes restitution and reparation (court based restitutive and reparative measure), as practiced in the United Kingdo
USULAN RUMUSAN HUKUM ACARA (IUS CONSTITUENDUM) PENGUJIAN PERATURAN PERUNDANG-UNDANGAN DI BAWAH UNDANG-UNDANG OLEH MAHKAMAH AGUNG
Full text linkThe implementation of juridical control of the legislation under the law by the Supreme Court through judicial review until nowadays was not running optimally. One of the causes of the less optimal quality of the decision to test regulations under the law was the absence of procedural law for the testing of material test rights that can accommodate the needs of the proceedings. These article wishes to propose a number of ideas so that in the future the MA will begin to discuss the procedural law for the testing of laws and regulations under the Act through trials that were open to the public. This is based on the principle that disputes in the laws and regulations under the Act not only examine juridical aspects, but also facts, and the decisions are final and binding, so that they have a broad impact on the public. Therefore, it is necessary to develop material on the contents of the procedural law for the testing of laws and regulations under a law that reflects the principle of fairness in order to increase public trust