Media Hukum
Not a member yet
345 research outputs found
Sort by
PENGATURAN DAN PENEGAKAN HUKUM PEMBOIKOTAN DALAM ANTITRUST LAW AMERIKA SERIKAT
Get PDFBoycott is one of violations in the competition law that eliminating the freedom of parties to enter the market. The aim of it no other than lessened fair competition. Theoretically, the issue related boycott discuss about the approach utilised by the authority to investigate and enforce boycott and its meaning: whether boycott is vertical or horizontal, or both; and what are the criteria of the violations? Given so few references on boycott, this paper attempts to reveal the regulation and the enforcement of it in the United States. It is aimed as reference to regulate and/or to settle the competition law cases of boycott in Indonesia in the future day. The United States does not specifically state boycott in the Antitrust Law. The United States includes boycott as concerted to deal and refuse to deal as ruled in the Section 1 of Sherman Act
TANGGUNG JAWAB PIDANA NOTARIS DALAM KEDUDUKANNYA SEBAGAI PEJABAT PEMBUAT AKTA
Get PDFNotary is a profession which honors moral values so that every act violating the law conducted by the notaries in performing their duty must be legally liable. In serving their function, it is possible for them to make various kinds of mistake such as administrative error which results in administrative liability, civil fault which causes civil liability, and criminal defect which begets criminal liability. The criminal liability of the notary is based on the criminal law principle geen straf zonder schuld (there is no convict without any offense). If the notaries commit an act against the law and they are able to be responsible for it, either it is done intentionally or unintentionally, they have to receive the legal consequence without any mercy. Therefore, the parameters of the criminal liability are the act against the law and the offense. Those make it possible for the notaries to be condemned.
UPAYA GANTI RUGI AKIBAT TIDAK SAHNYA PENANGKAPAN DAN PENAHANAN PASCA DIKELUARKANYA PERATURAN PEMERINTAH NO. 92 TAHUN 2015 TENTANG PELAKSANAAN KUHAP
No full textThe point of research is compensation, so the aim of this research was to determine claims for losses due to it unlawful arrest and detention through the pretrial process. This research uses yuridis normative law research analyst with using approach of law (statute approach) and conseptual approach so it’s using the secondary dates sources such as primary,secondary and tertiary legal materials. Dates was collected with library research and analyzed by deductive logic. That the point to research about the compensation due to the implementation of the demands it unlawful arrest and detention through the pretrial process. Basic legal arrangement which is used to determine the pretrial process is the Code of Criminal Procedure (Criminal Procedure Code). The results showed that to know whether the Government Order No. 92. 2016 on implementing the Criminal Code relating to the increase in the amount of compensation can be implemented with a simple process in accordance with the principles of simplicity and fairnes. Based on the results of research and discussion in mind that the process of implementation efforts related to the costs of compensation for damages can not be done easily, because they still have to refer to the decision of the Minister of Finance 983 / KMK.01 / 1983 that was already in need of revision due to too many stages that resulted the process becomes long in accordance with Government Regulation No. 92. 2015 which requires in Article 11, paragraph 2, which reads "Payment of compensation be made within 14 (fourteen) working days from the date of claim for damages is accepted by the minister who organized". The important thing from this research is to porpose immediately change the Indonesian Minister of Finance decision No. 983/KMK.01/198, into new decision implementing government regulation No.92. 2015. So in this case it mean that the proces of disbursement of compensation must be implemented is easy and quick short
INCORPORATING GOOD LAND GOVERNANCE IN THE DISASTER REGION OF YOGYAKARTA
Get PDFLand is one of the most major capitals in our life. Without it, sustainability of human existence is very impossible. Unfortunately, land problems in Indonesia have unique challenges compared to other countries. Many of kinds of challenges are in the form of the natural disasters. This paper is going to measure how well the principles of good governance has been incorporated in the Yogyakarta Special Region Land administration System generally by studying on the Merapi Disaster Mitigation, particularly in how land planning for the Merapi Disaster’s victims is performed. The research methodology employs a combined research method, it means that fundamental principles in process and its output of both the doctrinal and non doctrinal approaches is synergized to based on the research’s activity unites. Configuration of the land administration systems in achieving people prosperity has been affected by evolution of political, cultural, and legal awareness of local communities and central government policy. To conclude, incorporating a disaster response based land policy principles requires an integrated law and policy making system among parties through the implementation of good governance principle in the record of public participation voices and sustainable development interests. Notable reports illustrate that the good land governance incorporation encouraged and inspired land planning system to be more efficient and effective. Particularly in the natural disaster mitigation and reconstruction, incorporating good land governance principles furthermore encourages land policy makers to achieve the responsive land management in line with social demands and sustainable development programs
REPOSISI POLITIK HUKUM PERJANJIAN INTERNASIONAL DALAM RANGKA MEWUJUDKAN TERTIB HUKUM DI INDONESIA
Get PDFIn Indonesia, here is no exact politic and legal system regarding the application of International Treaty within national legal system. Article 11 of Indonesian Constitution 1945 merely envisages the division of authority between President and Parliament in ratifying international treaty, however, such article does not state clearly Indonesia’s legal politics concerning the application of international treaty within national legal system. The lack of clarification on Indonesia’s legal and political system in such area raises problems in the application of international treaty domestically. This research is aimed to: (1) analyses Indonesia’s legal politic concerning the application of international treaty towards Indonesian Constitution 1945 as well as other legal instruments; (2) analyses legal implications of international treaty upon Indonesia’s national interests and; (3) propose concept on legal politic regarding the application of international treaty in Indonesia. Since legal politic is crucial in supporting which law should be implemented towards state’s national goal, it is important to clarify Indonesia’s legal politic concerning the implementation of international treaty. As stated by Hans Kelsen, that as the application of the rule of law, a state should eliminate existing inconsistency and overlaps of its laws
Sanksi Pidana Pemerkosaan Terhadap Anak Menurut Hukum Pidana Positif dan Hukum Pidana Islam
Get PDFCrime is a social phenomenon that occurs at any place and time. One form of the crime is rape against children. This research is motivated by the condition of the large number of rapes that occur against children. But the threat of criminal penalties against perpetrators of child rape with imprisonment of a maximum of 15 (fifteen) years is considered not reflect the sense of justice for children as victims and that provision is not in accordance with the development of the people of Indonesia are mostly Muslim. This encourages the comparison between positive criminal law with Islamic criminal law and the need for reform of criminal law in the future. Descriptive-analytic approach-comparative, used to analyze criminal sanctions in rape against children in Indonesia. Criminal sanctions rape of children as contained in the Criminal Code and the laws establish child protection imprisonment. Viewed from the objective of sentencing in criminal law rape Indonesia that criminal sanctions against children in positive criminal law does not accommodate the interests of the protection of victims but only oriented to act so that the objective of sentencing offenders to provide a deterrent effect against perpetrators have not been up to materialize. While the Islamic criminal law does not mention explicitly about rape, but rape in Islamic criminal law can be in groups into jarimah adultery even more cruel. Islamic law had explained that rape is hirabah (QS. Al Maidah: 33). Punishment in the form of the death penalty, crucifixion, hand cut legs crossed or exiled. Thus, the formulation of sanctions in criminal law reform on child rape can be adopted with a choice of criminal sanctions as contained in the criminal law of Islam
KEDUDUKAN BPN RI DALAM MENGHADAPI PROBLEMATIK PUTUSAN NON-EXECUTABLE PENGADILAN TATA USAHA NEGARA TENTANG PEMBATALAN SERTIPIKAT HAK ATAS TANAH (ANOTASI PUTUSAN MAHKAMAH AGUNG RI NO. 158/PK/TUN/2011 TENTANG PEMBATALAN SERTIPIKAT HAK GUNA BANGUNAN NO. 132
No full textThe existence of a lawsuit in court against the certificate is not a new thing anymore , given stelsel adopted in the system of land registration in Indonesia is negative stelsel positive tendency . If on the certificate that was sued earlier , based on court decisions that have permanent legal force ( inkracht van gewisjde ) should be revoked and canceled by the National Land Agency, but de facto the decision can not be implemented by the National Land Agency with some particular reason , then this is where the role of National Pertanahann Agency to be able to realize the judgment which can not be implemented as Non - Executable decision. In this study will answer perrmasalahan , namely : Why is the National Land Agency wants the Indonesian Supreme Court Decision 158 / PK / TUN / 2011 on Cancellation of Certificate Broking No. 132 on behalf of PT . TOP As the verdict of Non - Executable ?, How the National Land Agency Role In Delivering the Indonesian Supreme Court Decision 158 / PK / TUN / 2011 As a verdict of Non - Executable ? How Legal Certainty The winner of the Indonesian Supreme Court Decision 158 / PK / TUN / 2011 and the Justice and Legal Protection against the owner of Certificate Broking No. 132 Certificate of derivatives and their owners ? To address this problem used approach Legislation , Case Approach , Conceptual Approach , Approach Sociology of Law and Political Law. Based on the survey results revealed that : First , there are two main reasons why the National Land Agency wants the Supreme Court Decision No. 158 / PK / TUN / 2011 as Non - Executable ruling that reasons are normative juridical considerations and Juridical Technical . Pertimbangann normative juridical reason is that the decision of cancellation of the Certificate Broking No. 132 on behalf of PT . TOP is overdue / expired / verjaring , Ultra Petita and filed by the plaintiffs who do not have other interests and there is a decision in the administrative court ruling that the criminal verdict. While consideration juridical reason partly because the decision concerning civil rights and legal justice for the hundreds of people or communities certificate owner derivative or fragment of a Certificate of Right to Building No. 132 certificate as a parent, but it also relates to issues of Local Government Assets and Money State. Second, the role of the National Land Agency in realizing the Supreme Court Decision No. 158 / PK / TUN / 2001 to a decision of Non-Executable is a way to initiate a peace between the parties that the winning parties and the ruling party Certificate holder Broking No. 132 as a party that has been lost. The essence of peace is how the BPN role in creating the conditions that the parties who won the verdict, his rights can still be given, while for the owner of Certificate Broking No. 132 does not need to be canceled. Then after a peace between the parties earlier, the peace agreement must be drawn up in an authentic deed in this case the notarial deed, then a notary deed are then registered to Class I Palembang District Court to get the verdict determination of Non-Executable. Third, the Rule of Law which can be given to the winner of the verdict is that they can still get their rights as they are demanded in the lawsuit, while the owner of Certificate Broking No. 132 does not need to be done for cancellation as a command decision, so that the legal protection and legal justice for the hundreds of citizens derivative of the certificate holder Certificate nno Broking. 132 can still be given. In this study is recommended in order to be reviewed and revised the regulatory legislation has tended to impose to government officials to have to melaksanaka command decision that has ikracht, while there has not yet been set on the criteria that can be used as a benchmark as the ruling Non -Executable as well as an alternative solution, so there will be a legal umbrella for state administration officials were not able to carry out a court decision that has inkracht due to constraints of both factors normative juridical and technical factors. Especially for the internal BPN, it is recommended that in the Minister Substitute Regulation of the National Land Agency No. 3 of 2011 which is currently being created in the Ministry of Agricultural and Spatial / BPN RI put special rules regarding the decision of non-executable and its completion, resulting in the implementation later, this rule can be used as a benchmark by all officials BPN RI in the face of problematic decision of non-executable