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PENERAPAN PRINSIP SYARIAH DALAM PERMODALAN BANK SYARIAH
Get PDFIslamic Bank is a bank that is based on Syariah principles. The principles must always be obeyed both in the establishment and in the operational, including the financial capital. Regarding the capital, it must not come from a source that is considered as haram according to Syariah principles, which will cause a mix between halal and haram. Something that is halal must be strictly separated from something that is haram, and vice versa. This paper discusses The Application of Syariah Principles in Islamic Bank Capitalization. Several principles are applied and must be obeyed by Islamic Bank, namely: Al-Ta’awan Principle, Principle of Avoiding (Al-Ikhtinaz) from gharar, masyir, and riba. As a part of Islamic Economy, the activities of Islamic Bank can be observed from four points of view, namely; ilahiyah economy, ahlaq economy, humanity economy, and balance economy. Meanwhile, from several viewsnof Muslim Economists, it can be concluded that the core of Islamic teaching is tauhid, which means that all human activities in the world, including economy, is merely for ibadah – act of devotion – which is aimed at following one law, Allah’s law. The value of tauhid, in practice, is interpreted in many valaes and there are three basic values that become distinguishing factors between Islamic economy and other, namely adl, khilafah, and takaful. It can be conladed that is a possibility that Syariah Principles are violated by Islamic Bank in terms of its capitalization. This can be see from the missing of requirements that make it compulsory for all founders to make a statement letter which states that the financial capital deposited to Islamic Bank does not come from a source which is considered as haram according to Syariah Principle. The consequence of the missing requirement is the possibility of receiving haram financial capital from the founders. Should this happen, then Syariah Principle is violated
IMPLEMENTASI UNDANG- UNDANG NOMOR 11 TAHUN 2012 TENTANG SISTEM PERADILAN PIDANA ANAK DALAM UPAYA MELINDUNGI KEPENTINGAN ANAK
Get PDFChildren are a mandate from God Almighty which in them laid a dignity as human beings. Children need protection against negative effects of a fast-growing developmnet. This essay is trying to discuss about how’s the implementation of the law of SPPA and the Government of Indonesia’s efforts in protecting children especially those who are conflicted with the law in accordance to The Law number 11 Year 2012. The method applied in this essay is qualitative socio-legal approach, based on the library data. In the investigation process, prosecution until the proceedings, there still be diversion process Is ultimately enforced considering the children’s age and the penalties are not over than 7 years. If this diversion process is not applicable then the judicial process is becoming ultimum remedium, putting the children in LPAS, LPAK and LPKS. Those institutions are expected to give new hopes to children who’s dealing with the legal matters. Through the approching system in Juvenile Criminal Court Process from investigators, prosecutors, judges, advocates to the public counselor, both the Ministry of Law and Human Rights and the Social Ministry, it is necessary to establish a clear coordination and role in implementing the Juvenile Criminal Court System
PEMBERDAYAAN HAK KONSUMEN ATAS INFORMASI OBAT
Get PDFThis research aims to investigate and identify the empowerment of consumer rights on drug information. Research questions focused on how the role of the Food and Drug Supervisory Agency (BPOM) and pharmacists in the empowering consumers on drug information. Research indicates very important information for consumers in taking the medication. Basic settings need to be protected and fulfilled people the right to information is the Constitution of the Republic of Indonesia in 1945 under Article 28F, Articles 7 and 8 of Law No. 36 of 2009 on, and Article 4 of Law No. 8 of 1999 on Consumer Protection Act. Implementing rules and derivatives can be found in the Decree of the Minister of Health No. 1197 / Minister of Health / SK / X / 2004 on Standards of Pharmaceutical Services in Hospitals and Organizational Rules Number 004 / PP.IAI / 1418 / VII / 2014 about the Organization Regulations Concerning Guidelines for Discipline Pharmacist Indonesia Chapter IV. The right to information is also related to the basic rights of Human Rights.The conclusions showed that the agency’s role in empowering consumers POM top right drug information is by monitoring the promotion / advertising and labeling of drugs, Communication, Information, Education and Communication (IEC) and formed a Consumer Complaints Service Unit. While the pharmacist’s role on the self medication drug at the pharmacy and hospital pharmacists, by providing information, counseling, promotion and education
PENGUJIAN PERATURAN PEMERINTAH PENGGANTI UNDANG-UNDANG OLEH MAHKAMAH KONSTITUSI
Get PDFConstitutional Court (MK) through Verdict Number 138/PUU-VII/2009 have, conclusion that authoritative MK to check, to judging, and breaking application of examination of Regulation of Government of Substitution of Code. Though article 24 C sentence (1) Constitution of Indonesia State 1945 (III amendment) for example authoritative test inviter code to constitution, to uphold supremacy of constitution. Assessment to regulation of government of substitution of code according to rule articles 22 sentence (2) Constitution of Indonesia State 1945 conducted by Parliament in next conference.This Research type is research of law of normative. Approach which utilized in this research is approach of law philosophy, approach of law theory, and constitutional approach. The system based on the Constitution’s attempt to RIS or UUDS, judicial it does not allow review of product in the form of legislative act because the product is a result of the exercise of sovereignty, let alone judicial review against a Perpu. Similarly a Perpu born based on the Constitution of 1945 (original text) also cannot be done yudicial review. After he did the amendment to the Constitution process yudicial review can be done. Yudicial review against a Perpu can be done, but the need for the restriction that a Perpu substance should set things outside the realm of the Executive branch can do yudicial review
PEMBANGUNAN HUKUM PERLINDUNGAN NELAYAN TRADISIONAL DI ACEH DALAM KAITAN PEMANFAATAN SUMBER DAYA PERIKANAN SECARA BERKEADILAN
Get PDFTraditional fishermen feel the impact of the damage of marine ecosystems and fisheries. The damage is not only caused by the consumption aspect, but also due to the government policy. Although it has great potential, but most of the traditional fishing communities are poor. This study seeks to answer three questions, namely: how to protect traditional fishermen in Aceh in connection with the consumption of fishery resources? What factors cause justice to be important in the context of the protection of traditional fishermen? How does the development of the law is supposed to do to protect traditional fishing? This study examines the law in non-doctrinal perspective with socio-legal approach. The third source of information is the Bureau of Maritime Affairs and Fisheries, FAO staff, the community of fishermen, fishery-environmental NGOs, and academics marine, fisheries, and the customary law of the sea. Protection of traditional fishermen is very important undertaken by the country in the consumption of fishery resources due to the presence of traditional fishermen in exploiting fisheries resources not only as an economic activity, but also related to culture. Fairness factor in the protection of traditional fishermen need to be explored to remember a few things, namely poverty, access, utilization, ease of access to markets, and access management. Development protection laws in connection with the issue of fishermen should be the most important principle, which is to bring the state in providing basic rights as outlined in the Constitution. Access restrictions or lack of interest will basically lead a traditional fishing in marginal conditions either political, social, cultural, or economic. This study suggests that in order to restore the traditional fishermen, it is important to conduct study on the various legislations, ranging from legal to technical regulations, to find a map of the position of traditional fishermen in Indonesia. Based on these maps, traditional fishing is authorized with the participation of various sectors of the program provided for the fishing communities
URGENSI PEMBARUAN COMMERCIAL CODE DI BIDANG PELAYARAN GUNA MENJAMIN PERLINDUNGAN HUKUM KONSUMEN (STUDI PERBANDINGAN DI PELABUHAN PORTKLANG MALAYSIA)
Get PDFThis study was aimed to reform some of regulations of the commercial code in shipping which are no longer adequate in the present development. The main issues of the study are: (1) How is the development of commercial code in regulating shipping matter in Indonesia?; (2) Which regulations of the commercial code are necessarily to be reviewed to guarantee the legal protection of consumers?; (3) How is the practice of commercial code in Malaysia as a comparison in regulating the port in Indonesia?. The study uses the traditions of normative legal research. Legal materials are collected by studying document both the primary legalmaterials and secondary legal materials. Legal materials are analyzed by both of themes and content analysis. The analysis of the theme is focused on topics of commercial code that needs to be reviewed. On the other hand, the content analysis is aimed to the contents of the legal provisions of the commercial code which are no longer appropriate , and it needs to be replaced by the new ones. The results of the study shows that there are some commercial code regulations that need to be reviewed namely: (1) It relates to the definition of the contract and the parties involved in the making of the contract; (2) It is necessary to determine the limits of liability and responsibility of the carrier, and the protection of shippers (customers); (3) From the results of the comparative studies at the Port Klang Malaysia demonstrate that normatively Indonesia is not left behind in terms of regulating commercial Code. It demonstrates that in practice Indonesia has imposed the Hage Visby Rules 1968, although Indonesia has not yet ratified it. On the other hand, Malaysia still imposes the Hague Rule 1924. The facts prove that PortKlang in Malaysia is more advanced than the ports in Indonesia in terms of infrastructure availability. Portklang engagesin 13th rank among ports in the world, while the ports in Indonesia are not included in the world rank
SUMBER DAYA LAUT INDONESIA DALAM KANCAH MASYARAKAT EKONOMI ASEAN, ANTARA JEBAKAN REIFIKASI DAN DEEP ECOLOGY
Get PDFThe sea area of Indonesia reached 5.8 million km2, with a cluster of more than 17,500 islands, promising a great resource in facing the ASEAN single market. A coastline of 81,000 km which is actually the second longest in the world after Canada, potentially, become a storefront variety of national products which are marketed around the world. But the single market proposed in Asean Economic Community (AEC), leaving homework, which is not simple in the ecological sector. The purpose of this writing is actually wanting to show challenges that must be faced when AEC creating a single ASEAN market. Based on the categorization of legal study analysis method, the method in use, including method of dogmatic research which developed legal studies as a dogmatic law (Rechtsdogmatiek). The results showed that, consciously or not, the Asean single market has brought a new myth called rationality efficiency of the commodity. Horkheimer and Adorno in their enlightment dialectic explained that in the field of economy, efficiency is the law of the market, substitutes all kinds of feudal and religious restrictions. Then rationality equated with efficiency. When this efficiency is applied in the dynamics of the capitalist economy, what happens next is the entire field of human life will become a commodity. Then came the so-called reification, that is when everything becomes acommodity, people no longer feel enjoy but only for the sake of consumption without establishing social relations in the true sense. At this situation, the ecological damage becomes inevitable, even consideredreasonable as a price worth paying. Law, which in essence is the ethical conversation humans to produce justice, easily forgotten because of greed. In-depth perspective on the ecological (deep ecology), which essentially is in the interests of civilization, began excluded. But all such reification excesses can be avoided when the law still pursued progressively, so the law must arrive at the radicality demolition on law assumptions. The law is not only to check the fairness, but it should produce justice, even a new kind of justice, namely justice for the sake of future generations (intergeneration justice). It can be concluded that the ocean should not only being taken for its wealth resources in the trap of reification of the ASEAN single market, but also should be maintained, its preservation for the sake of our next generation in regard of deep ecology
REKONSTRUKSI KEDUDUKAN KETETAPAN MPR DALAM SISTEM KETATANEGARAAN INDONESIA
Get PDFAmendments of UUD 1945 Constitution to change the state system of Indonesia, including changes in state institutions, especially institutions MPR. After amendment of 1945 Constitution, MPR position parallel with other state institutions, and the authority of MPR also changed. MPR no longer as the highest state institutions and actors sovereignty of the people so that their authority is very limited. MPR no longer authorized to elect the President and Vice President, and is no longer authorized to establish GBHN. By not competent MPR sets GBHN, then MPR is not authorized to establish to form TAP MPR. It becomes polemic when Law No. 12/2011 2011 places TAP MPR to the kind and hierarchy of Laws and Regulations. Therefore, This research will analize the development of position of TAP MPR related to authority of MPR, then reconstructed to the position of TAP MPR on Indonesia’s constitutional system. The method used to analyze is normative. In the reconstruction of the position of TAP MPR carried by the fifth amendment of the 1945 Constitution to strengthen the MPR institutions and give the highest authority MPR, one of which is to develop a state policy that is poured into legal products MPR
PENILAIAN PROFESIONALISME ADVOKAT DALAM PENEGAKAN HUKUM MELALUI PENGUKURAN INDIKATOR KINERJA ETISNYA
Get PDFThe range of advocates work happens from investigation to law enforcement. The scope of the extensive works as a guard puts a major advocate in the resolution of the criminal case. The strategic position of the advocate and the pressure to win every case has caused most advocates take disgraceful behavior to achieve goals. Advocate profession as a real respectable profession (officium nobile) stained by the act of advocate it self. Personal commitment to uphold professional ethics in the performance of duties is not supported by an adequate level of supervision. Indeed, in the field of work, advocates have independence, but in relation to professional ethics they are under control of supervisor commission established by the advocate organization. According to what we need the supervision maximized through ethical assessment of performance indicators. This article will explain what ethical performance indicators are and their assessment of informants who become the object of research
PENAFSIRAN KONSTITUSI DALAM PENGUJIAN KONSTITUSIONALITAS UNDANG- UNDANG TERHADAP UNDANG- UNDANG DASAR 1945
Get PDFThis study is about interpretation of constitution, this study is based on the extent authority of the Constitutional Court on the interpretation of the constitution, including various verdicts that are considered as controversial.The result of the study shows that Constitution 1945 giving authority of the constitution interpretation of the Constitutional Court to evaluate the conflict of legal norm, this could be meant that the Constitutional Court is “the guardian of the constitution and the sole interpreting of constitution” and as the legitimate interpreter of the constitution. Some interesting in implementing the interpretation of the constitution as a standard toevaluate the conflict of legal norm, consists of: First, essentially, that the interpretation of the constitution is one of the ways to elaborate understandings contained in constitution text. Second, related to the independence and the freedom of judge in using an interpretation method which is not regulated by positive law, therefore the judge is free to use those interpretation methods which are appropriate with the conviction of the Justice. Justice in using the interpretation method doesn’t only have function as funnel of the act, but also has functioned as the funnel of justice since a judge is required the value of the law and the sense of justice which exists in the society (substantial justice). Refer to the theory of living constitution, therefore Constitution 1945 should be understood as a constitution which has textual and contextual dimention Third, the restriction in using the interpretation method, the constitutional judge couldn’t only focused into the originalism interpretation method which only based to original intent / the formulation of Constitution 1945 or using the other interpretations (non originalist) which oppositely those interpretation the 1945 Constitution doesn’t work according to system and/ or contended with the main idea underlying the constitution itself entirely related to the purpo se that would like to be realized. Fourth, the use of interpretation method should be able to be accounted to the publics, therefore the validity could be examined in certain cases. This is very essential to dosince Constitutional Court has an extent interpretation authority so that it could keep justice of Constitutional Court to avoid it from misuse of authority in interpreting of 1945 Constitution