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POLITIK HUKUM PENANGGULANGAN TINDAK PIDANA PERIKANAN
Get PDFThe study examines the political response to the crime of fisheries law, where criminal offenses prevention fishery does not operate effectively so that the results can only be overcome small fishermen. The research method uses juridical normative and empirical research sites in Lampung Province. The results showed that the politics of law including the formulation of policy or legislation making, policy application and execution or implementation of the legislation and enforcement of criminal law. Legislation on fisheries contained in the Fisheries Act has adequate set of law enforcement against criminal acts fishery, but there are obstacles in the application and execution stages, such as barriers in terms of law enforcement, infrastructure and public awareness
DAMPAK PEMILIHAN UMUM SERENTAK BAGI PEMBANGUNAN DEMOKRASI INDONESIA
Get PDFElections are a democratic mechanism to elect person who will represent the people and lead the government. Since 1955; Indonesia has been held 11 general elections. According to the Article 1 (3) 1945 Constitution, which mentioned the principle of popular sovereignty; it means that people hold the highest authority should be given the opportunity to determine the power. The aim of this study was to analysis of the effect of electoral systems for developing Indonesia’s democracy. Talking on democratic government its always related with the degree of legitimation, means that the government should have the legitimation from the people trough the general election. The type of research is a legal research with normative point of view. The approach of the research are statue and conceptual approach. The main data of this research is a secondary data, which consist of a primary legal material and secondary legal material. In 2014, Indonesia hosted the general election to elect the parliament members and President which held in the different day. A month before general election done, the Constitutional Court announced the judicial review verdict of Law Number 42 Year 2008. Constitutional Court decided the legislative elections and the election of the president and vice president were held simultaneously. Decision of constitutional court Number 14/PUUXI/2013 has legal implication on general election of 2014 and also general election of 2019. From the very beginning the new law was endorsed, the General Election Commission have made all preparations to organize simultaneous elections in Indonesia. The goal is mainly to reduce costs. Indonesian democracy has long been perceived as being too costly. The quality of democracy depends on the fairness of general election not the cost. Everybody get their rights properly and savely. This is important to ensure justice while at the same time avoiding possible conflict
PEMBATASAN TERHADAP HAK ASASI MANUSIA DALAM PRESPEKTIF KEADAAN DARURAT
Get PDFHuman rights is a gift from Allah SWT, as a consequence becoming human creature, therefore it couldn’t be deprived or abolished by the state. If a state in an abnormal condition or emergency condition, state is allowed to take an extraordinary action including giving restriction to human right for the sake of defending state integrity and protect its citizens, but human right that could be restricted is human right which is categorized in non-derogable right (right that couldn’t be limited in any kind of condition). This research found that in the practice of human right restriction which is applied in any kind of emergency condition in various area of Indonesia precisely touch the rights which are non-derogable rights
PENYELESAIAN KONFLIK PENGELOLAAN SUMBER DAYA ALAM BERBASIS PRANATA ADAT
Get PDFConflict resolution of natural resources management is considered to be based on adat institutions when a conflict is resolved by adat law justice system in an adat forum by applying adat norms. Government, adat law community, and the private sector parties must be serious in empowering adat institutions. The seriousness of the government towards the recognition of adat intitution is outlined in the legislation. The seriousness of the adat law community is shown by receiving critically and carefully various new values that are good for strengthening the social life of the next community. The position and status of members of adat law communities are not only as a passive recipient of the local culture, but also as an actor, creator, and innovator agents of adat institutions. Members of adat law communities as active subjects carry out innovation and revitalization of adat institutions in order to adjust to the challenges of the times. The seriousness of the private sector is manifested in the willingness form of consultation with members of adat law communities to understand the feelings of the heart and the willingness of members of adat law communities
THE NATIONAL AND SHARIA ARBITRATIONS: A COMPARATIVE STUDY
Get PDFIn the business world, of course, many considerations that underlie the business actors to choose arbitration as a dispute resolution efforts for dispute that will or they face. Among the advantages of arbitration over court based on Arbitration Act are the parties can choose the arbitrator. Although in the arbitration the parties can select arbitrators who are experts in their fields, seem the consideration to establish BASYARNAS (The National Sharia Arbitration Board) at first certainly raises the pros and cons. Based on the description of the background of the above problems then the formulation of the problem is how the comparison between national arbitration and sharia arbitration where the discussion focused on Rules and Procedures of BANI (The Indonesia National Board of Arbitration) and BASYARNAS. The substance of similarities between National arbitration and Sharia arbitration in the same way of resolving disputes other than through the courts or alqadla. With regard to the legal basis for the enactment of a national arbitration refers to Law No.30 of 1999 concerning Arbitration and Alternative Dispute Resolution, while sharia arbitration is not set explicitly in the Law No. 30 of 1999 even in this act there is no article that offends the existence of sharia arbitration.The existence of sharia arbitration is recognized in the elucidation of Article 59 paragraph 1 of Law Number 48 of 2009 concerning the judicial power, which reads referred to arbitration under the provisions of the law including the sharia arbitration.There are some differences between national arbitration and sharia arbitration, the differences are the source of law, the legal principle , the jurisdiction of authority, pre-hearing phase, hearing phase and enforcement of the arbitral award phase
COMBATING PIRACY: THE INDONESIAN CASE
Get PDFPiracy at sea has been a threat to international navigation ever since the sea traverse by ships from west to east and north to south. Threat to international trade has resulted to various efforts in combating piracy regionally as well as internationally. International law has differentiated between piracy and sea-armed robbery, while the first requires regional or international cooperation due to universal jurisdiction, the second will directly fall under the jurisdiction of coastal state. Strait of Malacca has been used by international navigation and very fragile to the threat of piracy or even appropriately called as sea armed robbery since most of the time happened in the part of Indonesian territorial sea. Various efforts to combat piracy have been carried out by Indonesia including to cooperate with Malaysia and Singapore. This article discuss about piracy at sea, its legal definition and effort to combat piracy
BURMA’S ROHINGYA CASE IN INTERNATIONAL LAW PERSPECTIVE
Get PDFNowadays, the refugees issue is becoming serious problem to the international community. The problems of refugees becomes increase day by day along with a man-made disaster or a nature disaster. The Rohingyas ethnic is one of examples for refugee who caused by man-made disaster. They, the Rohingyas, experienced a persecution done by the military junta of Myanmar, their own government. The government of Myanmar doesn’t recognized that the Rohingyas belong to the citizen of Myanmar. With this condition, the Rohingyas called as a stateless person. They have no citizenship status. So they have no protection from any countries because they are stateless. The persecution from the Myanmar’s government make them, the Rohingyas, fled to another countries to get an asylum. Sometimes the presence of refugees in the country of transit or destination countries were forcibly repatriated . Such treatment is clearly contrary to the principles of international law recognized by civilized nations.There are some regulations pertaining to the issue of refugees, which are guarantee the rights of refugee. The right to get an asylum as stated in Article 14 (1) Universal Declaration of Human Rights. But the fact, there are many violations in refugees treatment done by some countries. The study is normative legal research with Statute Approach and Case Approach. This study would analysis the Rohingyas asylum-seeker based on some international laws concerning this problem as for the 1951 Convention Relating to the Status of Refugees and its protocol. The result shows the international law relating to the refugees issu that applicable to the Rohingyas case.Keywords
IDEOLOGI DAN KONSTITUSI DALAM PERKEMBANGAN NEGARA-BANGSA INDONESIA: REKONSTRUKSI TRADISI, DEKOLONISASI, DAN DEMOKRATISASI
Get PDFThe research has purpose to investigate the development of Pancasila and the 1945 Constitution as the ideology and the constitution of Indonesia amidst the development of nation-state post-World War II and post-Cold War and its implication to position of people as a nation and citizens. With a socio-legal approach, the research found that the development of Pancasila and the 1945 Constitution has changed from the ideology and the constitution of postcolonial to the ideology and the constitution of post authoritarian. The change is marked by reduction of reconstruction of tradition and decolonization in the 1945 Constitution. Then, those are replaced by a purpose to democratization of the 1945 Constitution according to the universal values. The change that emphasizes on majority rule and rational choice also has shifted character of people from collectivity as a nation to individuality as a citizen
KOPERASI JASA KEUANGAN SYARIAH BAITUL MAAL WAT-TAMWIL (STUDI KASUS DI BERINGHARJO, YOGYAKARTA)
Get PDFKoperasi Jasa Keuangan Syariah Baitul Maal wat-Tamwil (KJKS BMT) is an organization that combines the concept of cooperatives and the concept of sharia. Both have the same spirit of kinship and mutual assistance (ta’awun). The concept is realized in the form of maal products and tamwil products, and accompanying activities, giving the product in question. Operational KJKS BMT based on the laws and regulations in the field of cooperatives
GAP ANTARA FIKIH MUNAKAHAT DAN UNDANG-UNDANG PERKAWINAN
Get PDFThe existence of marriage law in Indonesia has involved various interests such as religion, state, and women. In this sense, Indonesia expects to have a uniform marriage law in order to reduce gap and tension among the existing legal systems, namely Civil Law (Dutch Law), Adat law and Islamic law (fiqh). The research aims to study critically the reasons behind the gap between Fiqh Munakahah and Marriage Law Act in cause of marriage under age, to find out alternative policy resolving the gap. The research is normative legal research with non-doctrine approach. Both library and field research are conducted. The research find out that the alternative policy to overcome the gap is by enforcing legal sanction in marriage law, promoting more intensive legal awareness in the society and formulating a clearer provision in the marriage law act. Particularly on minimum age for marriage, therefore society might accept the law sociologically and philosophically