Media Hukum
Not a member yet
345 research outputs found
Sort by
PENYELESAIAN TANAH KORBAN TSUNAMI YANG TIDAK ADA DAN/ATAU TIDAK DIKETAHUI AHLI WARISNYA
Get PDFPost-tsunami disaster in Aceh, legal issues on land are regulated by the Government Regulation in Lieu of Law Number 2 of 2007, which regulates among others on land that does not exist and/or unknown its owners and their heirs. The land is being taken care as a religious treasure by Baitul Mal with an order the Syar'iyah Court. This study applies juridical normative and sociological normative methods. From the field research it was found that the Government did not have data of lands with unknown owners and their heirs. It was known from decision of the Syar'iyah Court of Banda Aceh which revealed that the fact was originated from the construction of the drainage where the land procurement committee did not know where to hand over the land acquisition fund.Key words: tsunami, land, Ace
CONTRACT OF WORK AS AN INTERNATIONALIZED CONTRACT: A SUI GENERIS RELATION OF FOREIGN INVESTMENT
Get PDFContract of work is an agreement made between the government of the Republic of Indonesia with foreign companies, and or joint ventures between foreign companies with domestic legal entities to carry out exploration and exploitation in general mining or oil and gas out of the earth, in the time period agreed by both parties. One of the foreign companies in cooperation with the Indonesian government in this field is PT Newmont Nusa Tenggara which form the contract of work in the field of utilization and development of mining potential in Indonesia. However, Act No. 25 of 2007 on Investment, Chapter IV of Form and Position Enterprises in Article 5, paragraph 2 requires that the foreign investment shall be in the form of a limited liability company based on Indonesian law and domiciled in the territory of the Republic of Indonesia, unless specified otherwise by law. Therefore, a contract of work is often regarded as a national contract by many parties. Others suggested that such contract which involves foreign investment transaction is sui generis, or in other words a quasi-public international contract. This paper will discuss the foreign elements of the contract and conclude that the contract of work can be categorized as an international contract
PERLINDUNGAN HKI SEBAGAI UPAYA PEMENUHAN HAK ATAS IPTEK, BUDAYA DAN SENI
Get PDFThe problem of Intellectual Property Right (IPR) is getting more complicated. IPR becomes one of the international issues besides problems on human right, environment, democratization, and standardization. Based on basic concept of IPR, IPR is the effort of recognition, respect, and right fulfillment on science, technology, culture, and art, which are parts of human rights. The IPR regulation in Indonesia is hierarchically written on the constitution and other regulations. As the consequence, when Indonesia ratified GATT, the IPR regulation in Indonesia must be continuously in line with TRIPs. Today, Indonesia is considered unready to implement TRIPs. It then turns out as negative perception upon IPR that is the possibility of losing the chance of IPR implementation in Indonesia that closely related to the emergence of high cost, insignificant influence on the foreign investment in Indonesia, and the occurrence of “biological hijack” toward Indonesian natural resources.Keywords: Protection, IPR, Science, Technology, Art and Cultur
ASAS-ASAS HUKUM MODERN DALAM HUKUM ISLAM
Get PDFThe legal principle is important because it is the truth which is used as a base of thinking and reasoning, especially in the law enforcement and implementation. The principle of law is the most important subsystem of one system of law and legal principle. The principle ranks above the rule system. It is not only because the principle of the law is more universal in character, but also because it reflects the values and cultural message which should be embodied in the rule of law. Theprinciple of law may be cited as the basis or reason for the formation of a rule of law or is a ratio legis of legal rule that contains the values, spirit, ideas of social or ethical views to be established. In the view of Islam, as mention in the Quran, Islam is a complete and perfect teachings. Completeness and perfection is spoken by Allah Almighty in the Quran sura Al Maaidah/5: 3. Although the rule of Allah in the teaching of Islam is perfect, the principle of Islamic law which is still considered legal principles derived from western scientific thought.Keywords: Modern Islamic Principles of Law, The legal principle, the law enforcement
KAJIAN AKAD PEMBIAYAAN MURABAHAH TERHADAP PENERAPAN PRINSIP SYARIAH PADA BANK SYARIAH DI INDONESIA
Get PDFThis research intended to know whether murabahah financing contract on the sharia banking has fullfill to sharia principles in Islamic law provisions. This research is a normative or doctrinal research. This research is the kind of doctrinal or normative legal 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. According of research result and analysis that the murabahah financing contract on the Sharia Mandiri Banking in Yogyakarta isn’t suitable sharia principles accordance in the Islamic Law because some requirements in the contract implementation hasn’t fullfill to sharia principles so it founded gharar, riba and zhalim. So, this is inline with sharia principles accordance in the Al-Quran, Al-Hadits and Fatwa Council of Sharia National Number 04/DSN-MUI/IV/2000 on Murabahah and also Law Number 21 Of 2008 on Sharia Banking.
OTONOMI KHUSUS DAERAH PERBATASAN, ALTERNATIF SOLUSI PENYELESAIAN MASALAH PERBATASAN DI INDONESIA
Get PDFBorder dispute of Indonesia is not a new thing. Since Indonesia got its sovereignty, border had been becoming an unsolved problem until now. A problem that frequently happens is bordered disputes with neighboring countries that have a direct border with Indonesia either land or water borders. In addition, the Indonesian government should pay more attention to problems related to the welfare of people who live in the border. Development and facilities such as education, health, transportation, information and so on should be adequate. The Indonesian government should pay more attention to the needs of people in border areas, therefore they are not segregated from the external world. In accordance with that perspective, this paper would like to identify how the special autonomy of border areas could become the alternative solution to settle disputes in border areas. Generally, poverty and backwardness of people in border areas are the lack of their social and economic accessibility. Border areas have an important function since the complexity of problem that being faced. Border areas should be treated as a front yard, not the back yard of Republic of Indonesia. The treatment for border areas should be differentiated in accordance with the situation and condition of those areas. Therefore, metric decentralization should become the mindset of policy-making related to the relationship between the center and the region, especially related to the border areas and that is not reactive because of the demand of the region. Special autonomy in border areas is an option solution which is worth to be considered, to solve the complex problems in the border areas
PENEGAKAN HUKUM YANG BERORIENTASI PADA KEBERLANJUTAN SUMBER DAYA IKAN
Get PDFArea of Indonesia consists of 80% water, which contains abundance of potential fish resources, Those fish resources should be utilized for as much as prosperity and welfare for Indonesian. In fact, fish resourceshaven’t enhanced the living standard, which is sustainable and equitable. Issues on fisheries come up such as exaggeration of fishing, theft fish, illegal fishing activities and the use of fish resources that exceeding thegeneration of fish itself. That circumstance will cause harm for the state, the fishermen, as well as people in general. The use of tools that harm the nature will cause the decrease of fish resources and threat thesustainability of fish resources. The aim of writing this article is to analyze law enforcement related to the sustainability of fish resources and the sustainability of fish resources, viewed from the perspective of justice.As the result of the study, law enforcement to protect the fish resources generally has not given attention to the sustainability of fish resources, therefore fishermen still use unfriendly tools to catch the fishes. Thoseunfriendly tools will cause the occurrence of over-fishing and will impact to the environmental damages. Those kinds of things will destruct the fishes, therefore the quantity of fish will have deteriorated and evencould be extinct. Those environmental damages would suffer the present generation as well as the next generation since they couldn’t consume fish which is very essential for the growth of the human body anderadicate the job for the people as the fishermen. The present generation will be sinful if the next generation will get the impact of what the present generation done. In order to reduce more over-fishing activities and the distrust of the fish habitat it needs the law enforcement, which is oriented to the sustainability of fish resources. The sustainability of fishery resources couldn’t maintain its existence, this could be seen as the symbol of environmental damages. In this case, the law also needs to make integration of fish resources sustainability to be processed so that it will result output law enforcement which is oriented to fish resourcessustainability. As a conclusion, in law enforcement oriented to fish resources sustainability, it needs to be thought by the lawmaker to embed that the law should contain idea or concept about justice, legal certainty,the significance of fish resources and the implementation of the law itself. In the fish resources utilization and law enforcements, it needs to pay attention to the justice principle; intergenerational equity; intergenerational equity; precautionary; conservation of biological diversity; conservation of biological diversity
MEMBANGUN MODEL PERLINDUNGAN HUKUM TERHADAP MASYARAKAT SEBAGAI KORBAN PENCEMARAN DAN/ATAU PERUSAKAN LINGKUNGAN OLEH KORPORASI DENGAN PRINSIP RESTORATIVE JUSTICE
Get PDFDue to pollution and environmental destruction that most feel is the victim. Most victims also suffered losses, both material and immaterial losses, therefore it is natural that the victims should receive protection. The purpose of this research is to analyze about: 1) the resolution of environmental cases which occur either through the courts or out of court; 2) the implementation of legal protection for the victims of pollution and environmental destruction; 3) formulating the ideal model of legal protection for the victims of pollution and environmental destruction by the corporation is based on the principles of restorative justice in the future. The research method is used the socio-legal research using primary and secondary data. The results showed that environmental cases can be resolved through the court and outside the court. Ideal model of legal protection for the victims of pollution and / or environmental destruction by the corporation is based on the restorative justice principle in the future.The offender in this case as the corporation will deal with victims of environmental pollution and the state as a facilitator. The Facilitator from the state for this early stage could be represented by a judge. In an agreement between the perpetrator and the victim of the most important is the provision of compensation from the offender to the victim. Ideally in the concept forward on major and compensation mechanism is stipulated in the rules of implementation
TRANSBOUNDARY HAZE POLLUTION IN THE PERSPECTIVE OF INTERNATIONAL LAW OF STATE RESPONSIBILITY
Get PDFIn recent decades the Southeast Asia Countries have been affected by haze pollution which is caused by human activities in burning land/forest for plantation and/or agriculture. Indonesia is one of the major sources of the haze pollution in the region. The pollution does not stop at national borders only, but also causing transboundary pollution to the neighboring countries such as Malaysia and Singapore. As a reaction of this environmental crisis, ASEAN Agreement on transboundary Haze Pollution was signed. The Agreement recognizes that transboundary haze pollution which resulted from land and/or forest fires should be mitigated through concerted national efforts and international cooperation. As of June 2013, all the ASEAN countries, except Indonesia, have ratified the agreement. However Indonesia hopes to ratify the haze agreement by 2015. The study is normative legal reserach with Statute Approach and Case Approach. By using the qualitative descriptive method, this study will discribe the ransboundary haze pollution in details which could be seen in some international laws concerning law of state responsibility as for Draft Articles on State Responsibility and 1997 ASEAN Agreement on Transboundary Haze Pollution. The result shows that Indonesia needs to do the action, not onlyin term of how to combat the forest fires with the deployment of personnel from ASEAN, but also preventing issue of it, namely by making the rule of law which effectively penalize the forest burning. Most of these problems can be overcome only if Indonesia ratified the ASEAN Agreement on Transboundary Haze Pollution
LARANGAN PENGASINGAN TANAH DAN PELUANG INVESTASI ASING DI INDONESIA
Get PDFThroughout the political history, agrarian law in Indonesia recognize the prohibition of land alienation. Foreigners or foreign legal entities (foreign investors) were banned for land ownership. Argrarian Fundamental Lawsstipulates that foreigners domicile in Indonesia and foreign legal entities which have representatives in Indonesia are only allowed to have land use rights and building lease rights. In practice, foreigners and foreign legalentities prefer to acquire land ownership rights by nominee. Whereas nominee is illegal and has very weak legal position. Article 16 paragraph (1) letter h junto Article 24 Argrarian Fundamental Laws open the opportunitiesfor foreign investors in land tenure through Guna Bangun Serah rights, by positioning the ground as a means of production rather than as an investment. Guna Bangun Serah in Indonesia was marked by the birth of theMinister of Finance of the Republic of Indonesia Decree No. 470 / KMK.01 / 1994 on Procedures for Removal and Utilization of Assets / Country’s Wealth, which adopted the “Turgut’s Formula”, namely the construction and management of dams on the river Syehan Turkey.This study aims to find an alternative land ownership for foreign investors that require land as ingredients, considering the limited tenure in Indonesia to consider theexpediency of justice and legal certainty. The new paradigm is needed in attracting foreign investment in Indonesia, in order to obtain the benefit, justice and legal certainty, through Bangun Guna Serah rights. Article 16 paragraph (1) letter h Argrarian Fundamental Laws stipulates the other rights that are not included: Properties, Cultivation rights, Building rights, Tenure and Rental Rights will be established by law. Bangun Guna Serah rights defined as rights to construct a building and / or its facilities on land that is not his own and then utilize the building and / or its facilities in a certain period of time that has been agreed, as in the future the land, buildings and / or the following facilities will be transfered to the owner of the land after the term expired. Guna Bangun Serah rights can be incorporated into the Land Bill