Media Hukum
Not a member yet
345 research outputs found
Sort by
Mewujudkan Keadilan Sosial dalam Penyelesaian Sengketa Di Pengadilan Administrasi
Get PDFAdministrative Courts in developing countries carry out more demanding tasks than those in developed countries because they have to be able to keep the balance between protecting public and individual interests. This research raises the issue of how to realize social justice in resolving a dispute in Administrative Courts. This is a doctrinal research using legal, conceptual, and comparative approaches. The research result indicates that Administrative Courts, carry out the oversight function against the acts of government officials, have to realize the justice which becomes the essence of the administrative law’s goal, that is social justice. Social justice which is built on the basis of Pancasila, functions to maintain the balance between the individual interest and the society’s rights so that the balance and harmony between the government and the people will be created. Furthermore, the Administrative Courts have to be able to realize the social justice, not only normative or procedural justices
Analisis Pengaturan dan Praktik Pemisahan Kekuasaan Sistem Pemerintahan Presidensial Berdasarkan Konstitusi
Get PDFThe founding fathers is agreed to embrace a presidential government system. The founding fathers is formulated the vision and mission of the Indonesian nation on the understanding of nationalism. This article would like to answer how the separation of powers in the presidential system based on the 1945 Constitution. The separation of powers arrangements and practices in the parliamentary system has already been applied in Indonesia. Post-independence, the relationship between the President and the House of Representatives in the implementation of the legislative function is not harmonious. Indonesia during the Old Orde was a phase of liberal democracy, then re-enacted Pancasila democracy. Based on its development, political instability helped determine the weaknesses in the implementation of separation of powers in Indonesia
POLITIK HUKUM EKONOMI SYARIAH DALAM PERKEMBANGAN LEMBAGA KEUANGAN SYARIAH DI INDONESIA
Get PDFSharia economy has grown rapidly in Indonesia. This indicated by the creasing number of bank and non-bank finansial institution used sharia principles. One way’s to support these development is the sharia law political economy which conducted by the government. The problem who must be examined integrally was the politic role of law in the sharia finansial institutions development and the sharia finansial institutions development itself. The purpose and benefits of this research were to provide an objective picture as well as a recommendation for the strengthening the Islamic politic of law and sharia regulations. This research used normative method, which was a study on regulation, research result, journal, data and other reference, that would be analyzed by qualitative descriptive method. The results of the study found that the politic of laws and regulations of sharia economy have being contributed and established facilities for the development of Islamic finansial institutions in Indonesia. The unity of politic on law and sharia economic regulation has established public trust and provided an opportunities and protection for community, bussiness people, customers and sharia finansial institution
Implikasi Pengujian Undang-undang oleh Mahkamah Konstitusi dalam Mewujudkan Maqashid Syari’ah
Get PDFThis research is about the implications of constitutional review by Constitutional Court in realizing maqashid sharia backgrounded by the ambiguity of whether or not to use the maqashid syariah as a benchmark in constitutional review. The research is to observe the use of maqashid syariah as a benchmark and the implications of the legal system in Indonesia. The method used is normative legal research focusing on several decisions of Constitutional Court. The results of the study show that the Constitutional Court accommodates maqashid sharia. Based on the analysis of Constitutional Court Verdict Number 2-3/ PUU-V/2007, Verdict Number 12/PUU-V/2007, Verdict Number 68/PUU-XII/2014, Verdict Number 85/PUU-XI/2013 show that in constitutional review, the Constitutional Court uses the maqashid syariah as a benchmarks (in the framework of Pancasila) in line with the idealization of Baldatun Thayyibatun wa Rabbun Ghafur meant to maqashid syariah focusing on maintaining the benefit of religion/din, maintaining the benefit of the soul/nafs, maintaining the benefit of reason/aql, maintaining the benefit of descendants/nasl, and maintaining the benefit of wealth/mal) has been accommodated and applied in constitutional review. The implication is that maqashid sharia becomes one of benchmarks in constitutional review and the Constitutional Court can intepret the contextualization of maqashid sharia in various cases
TINJAUAN HUKUM ISLAM TERHADAP FUNGSI BALAI HARTA PENINGGALAN DALAM MENGURUS HARTA KEKAYAAN ORANG YANG TIDAK HADIR
Get PDFPeople who are absent do not lose their status as legal subjects who have rights and obligations. For this reason, it is necessary to protect both the interests and property. The purpose of this study was to find out whether the Heritage Hall had fulfilled its function in managing the assets of people who were not present. This research is a normative legal research with a conceptual approach (conceptual approach) and a law approach. The informant in this study is an Islamic Civil Law Expert. The study is showed 3 results. First, the Heritage Property has fulfilled its function in managing the assets of people who absent. Second, the existence of the Institution of Treasury Hall can provide legal protection for the assets of people who absent. Third, the function of the Treasure House in managing the assets of people who absent can be said to be in accordance with Islamic law. Although the task of managing or managing the assets of people who absent is different, in Islamic Law the institution authorized to take care of the assets of people who absent is the Temporary Zakat Agency according to the Civil Code, the management of assets that are not present is the Heritage Hall . However, the essence is same, both the Amil Zakat Institution and BHP in principle represent the State in managing the assets of people who absent
Kedudukan Hukum Pihak Ketiga dalam Layanan Keuangan Tanpa Kantor
Get PDFFinancial Services Authority Regulation Number 19/POJK.03/2014 concerning Financial Services Without Offices In the Context of Inclusive Finance, the Financial Services Authority in collaboration with the Banking sector makes services sell well. In this study as clever behavior is Bank Central Asia, which is one of the banks that conducts Officeless Financial Services, because it needs to serve people in remote areas, it is necessary to know the definition of clever service in order to know how the legal position of Third Parties in managing smart services still unclear, especially the legal status of the Third Party as a liaison between the bank and the customer. The purpose of the study is to examine and analyze the legal standing of third parties in financial services without offices. This research is a normative legal research that examines the principles, legal concepts and legislation related to the legal position of third parties in the provision of financial services without offices. The conclusion of this study is that Officeless Financial Services is an activity of providing banking services and/or other financial services carried out not through office networks and legal relations of the parties based on cooperation agreements and internal circulars. The legal position of third parties is as a bank liaison with customers (agents) and an extension of the bank (partner), where in each implementation there are rights and obligations that must be fulfilled in order to achieve the implementation of salable services
KARAKTERISTIK PENYELESAIAN TINDAK PIDANA SECARA INFORMAL MELALUI PERADILAN ADAT
Get PDFThe legal inquiry is not just a matter of legal institutions and state organs, but also concerning the pursuit of justice that are informal. One of the problems of existing laws are criminal cases. Many criminal cases in village government were resolved through informal channels through a variety of methods are applied to each of the area. The process of settlement of criminal acts through the informal channels is a form of local wisdom in the law enforcement process. The research objective is to analyze the effectiveness of the settlement of criminal cases informally through customary justice. This study is a socio legal research. According to the research found that this form of criminal offense informal settlement is through village meetings, traditional justice, customary pemufakatan, direct action by the community for the provision of social sanction. Customary justice here is not justice terlembgaa as was common in formal law. The reason why the track in formal been is because it is considered more effective and efficient in terms of time, procedures and costs
Konflik Wilayah Laut Tiongkok Selatan dan Kejahatan Lintas Negara serta Implikasinya terhadap Ketahanan Nasional
Get PDFThis research aims to grasp to an understanding the influence of conflict of the Southern Tiongkok Sea and Transnational Organized Crime (TOC) to ASEAN peaceful and security region, as well as to the National Resilience of the Republic of Indonesia. Research method use a normative by examining relevant legal rules. Meanwhile, it is used analysis of substantive legal rules and the functioning of institutional government. The research findings are included as a follow (1) the Tiongkok government’s claim on the nine-dash lines over territory has no international legal basis. (2) The Indonesian government considers Transnational Organized Crimes, such as drug and narcotic trafficking, etc can therefore be categorized as more serious treath to the National Resilience of RI. The Indonesian government needs to take a countermeasure against Transnational Organized Crimes rather than the conflict of the Southern Tiongkok Sea. It is therefore the Indonesian government expected to take strictly control Transnational Organized Crimes over the entire territory
PENGATURAN PEMUTUSAN HUBUNGAN KERJA DALAM PERSPEKTIF KEPENTINGAN EKONOMI DAN HAK ASASI MANUSIA
Get PDFIssue of dismissal is closely related to human rights and economics. The regulating must consider both aspects. This paper explores how the economics perspective and human rights perspective on the issue. On the economics perspective, although the neoclassical economics theory and the theory of new institutional economics have a difference in perspective on the issue, whether or not it stipulated by legislation, but both have a common view that the dismissal should not affect the company's productivity and efficiency. Meanwhile, on the human rights perspective, the worker is entitled to a fair dismissal
Pengaruh Pelaksanaan Jaring Aspirasi Masyarakat dalam Pembentukan Peraturan Daerah Partisipatif
Get PDFJaring Asmara were carried out after Regional Regulation drafting was completed by both the executive and the legislative. This research carried out an empirical legal research approach.The results of the research in Malang, Pasuruan and Tulungagung showed that Jaring Asmara activities produced the first few records, all inputs (proposals) from stakeholders were not always fulfilled, especially those that were against the wishes (legal politics) by the legislators. Both things are definitely fulfilled by the legislator when it comes to new policies, information on new legislation, information on new technical procedures. From these findings, it shows that Jaring Asmara is actually a tool to provide opportunities for the community in guarding the formation of a regional regulation to be a little functional (not optimal). Likewise the existence of the thought theory of Philip Nonet and Philip Selznick which is the motor of forming responsive legislation has no effect at all. Jaring Asmara is nothing more than a ceremonial activity where the target is only to drop procedures. It is hoped that in the first year this study will find out the influence of implementing the Jaring Asmara in the formation of participatory local regulations to resolve the problem