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HARMONISASI REGULASI DAN EFEKTIVITAS KELEMBAGAAN SAFEGUARD DI INDONESIA
Get PDFThe implementation of WTO agreement is not easy in accordance with the estabilished regulations, so deviations in the process of trade liberalization that press domestic indrusties will likely to take place. Therefore, it is necessary to have safety actions to actualize mutual benefits in international trade. There are many cases of safety actions conducted by many countries such as Argentine that implements safety actions to its footwear industries without adapting to WTO regulations which causes the country’s losses. The paper examines the consistency of safeguard regulations in Indonesia with safeguard regulations of WTO and its implementation reviewed from the law effectiveness. The result of the study shows that the safeguard regulations in Indonesia is in accordance with the safeguard regulations of WTO in the normative level, but in the implementation the policy is not done effectively
POLITIK HUKUM DALAM PEMBERIAN KEWENANGAN BIDANG PERTANAHAN KEPADA PEMERINTAHAN DAERAH
Get PDF This research aims at answering these questions: 1) how is the formulation of the government legal politics in granting the authority of land area to the local government?; 2) what the local government has done with the authority of land area given to them?; and 3) in what terms are the right authority that can be given by the government to the local government. This research is normative law research; that is a research that is carried out based on the library research to obtain secondary data in law field. To complete and support the data from library research, the researcher also did some field researches. The field research was carried out in Jakarta and Central Java with purposive sampling to determine the sample. The analysis is done normative qualitatively that includes conceptualization, categorizing, relations, and explanations. The research result shows that: 1) there has been unclearness and inconsistency in determining the formulation of legal politic in granting the authority in land area to the local government; 2) the duty that is conducted by the local government in carrying out their authority in land area is forming the organizational structure that handles the problems with the land and does the functions of land services given by the government; and 3) the right term for authority in land area is the authority of the government and some of those authorities should be able to be decentralized to the Governor or to be delegated to the local government based on medebewind principles. The authority that can be given is the one that is related with the technical services and operational procedures of the land policy.
KONSTRUKSI HUKUM ACARA PERADILAN AGAMA MENUJU TERWUJUDNYA PUTUSAN YANG ADIL
Get PDF Since the Dutch Government ratified the religious court for Java and Madura in 1882, up to 1989, it had not had the procedural law that was compiled in one book. The religious court had its procedural law after the Law Number 7 year 1989 jo Law Number 3 2003 about the religious court were issued. However, the procedural law was still divided into two sources: (1) Law Number 7 year 1989 jo Law Number 3 year 2006 especially for marriage, (2) civil procedural law at the public justice that was outside marriage cases. In the cases whiich was outside the marriage cases, there was inconsistency among the competence, the legal source material, and the procedural law. The problem was because the competence was the Islam cases, the legal source material was also from Islam, meanwhile the procedural law was based on the public justice taken from Het Herziene Indonesisch Reglement (HIR) and Rechtsreglement Buitengewesten (R. Bg), and Burgelijk Wetboek (BW) book IV. There were two problems in this research: (1) How do the judges construct the procedural law of the religious justice to obtain the fair justice? (2) Do the judges at the religious court who deal with the cases outside the marriage cases apply another procedural law other than the civil procedural law at the public justice? The purposes of this research were to (1) construct the procedural law applied in the religious court, (2) obtain the procedural law used by the judges of the religious court to process the cases outside the marriage cases. The data in this research was qualitative data, so the research methodology was qualitative. The approaches used were the hermeunetic phenomenology. The result of the research was that the judges of the religious court constructed the procedural law in the process of outside marriage cases using the combiantion of the procedural law of the public justice and the procedural law of the religious court. The judges do this policy to gain the fair justice. The fair justice according to the judge was the justice based on the highest value that could be accounted before the God. To produce a fair justice, the judges of the religious court still used the Islamic procedural law in the process of cases outside the marriage cases. The judges did not fully implement the civil procedural law applied at the civil justice
KONSTRUKSI HUKUM MALPRAKTIK MEDIK DALAM PERSPEKTIF HUKUM ISLAM
Get PDFIn the last several years, medical malpractice has become an actual issue in Indonesia. As a legal construction, medical malpractice is not known in Indonesia. The concept of medical malpractice is still unclear for many people, including those who run the machinery of law. There is no specific regulation on medical malpractice in Indonesia therefore the cases were to be approached with the existing laws. It seems that developing what so-called the law of medical malpractice is urgent for Indonesia. It is interesting to know the concept of medical malpractice under Islamic perspective for the sake of legal development. It is believed that Islam is very much concerned with the issue of justice. In order to realise justice in the relationship between physician and patient, referring to the regulation provided in Islam is a smart choice. As we know that Islam is a religion of perfection. The teaching of Islam embraces all aspects of life. It is true that Islam provides all provisions needed by human being including medical malpractice issue. This paper tries to find out the concept of medical malpractice under Islamic perspective in order to know how liability upon the phisicians may run
TINJAUAN FILOSOFIS PERLINDUNGAN HAK MILIK ATAS MEREK
Get PDFAs part of Intellectual Property Rights, trademarks is an exclusive right. The rights contens two rights; to use and to license the trademarks. According to Jeremy Bentham all of property is based on utility or happiness for majority people. On the other hand, according to Rousseau the property has social functions. The philosophy aspects of trademarks as property can be used as guide that a trademark must be protected from infringement. The protection of trademarks is very important, because trademarks has economic value
OPTIMALISASI PERLINDUNGAN HUKUM TERHADAP PEREMPUAN KORBAN KEKERASAN DALAM RUMAH TANGGA
Get PDFDomestic Violence Crimes (Domestic Violence) is a social phenomenon that often occurs in the community and the victims are mostly women. It is not only a national problem but an international problem, so set some instruments of international law and national legal instruments are adequate, which should be legal protection for women victims of domestic violence in the legal process can be catered for. In real terms the legal protection of women victims of domestic violence is still very weak, with an indication of the number of reports that were not followed up to the stage of the investigation, due to various constraints both in the community and from law enforcement officials. Optimization measures are needed legal protection for women victims of domestic violence, such as the high commitment or spirit of the law enforcement agencies to tackle domestic violence, meets all the rights of victims, providing legal aid to victims of the maximum judicial process, increase public awareness that domestic violence is a crime , not just a personal issue that no intervention, the offender must be processed to provide a sense of security to the victim and her family.Key words: Protection, Women, Violenc
PENCEGAHAN TERSANGKA KE LUAR NEGERI OLEH KPK DALAM SISTEM PERADILAN PIDANA INDONESIA
Get PDFOne of means to eradicate corruption is preventing corruptors to go abroad. Prevention is basically an instrumentof limiting of indivudual rights and therefore it is considered againts human rights. However, prevention conduetedby the corruption Eradication Commision on the corruptors is not considered as againts human rights since it ispart of restriction on human rights in the light of law enforcement. It does not also violate the presumption ofinnocence as part of criminal procedure. the authority of the Corruption Eradiction Commission is legitimateand in accordance with legal principle that state may have right to restrain the rights of citizens for the sake ofstate interests and society
Kejahatan Politik Dalam Perspektif Kebijakan Kriminal Indonesia
Get PDFPolitical crime in Indonesia as positivictically was not to become criminal law terminology, as well as political crime definitions, part of that, and the political crime act qualifications. On beside that the manage of political crime in Indonesia nowadays still hope in articel 101 to 129 Criminal Code On Indonesia in title of “crime against state safety”. However, regulation it only is one of a part political crime against the state, meanwhile for domestic political crime by the the state and so on international political crime by the state is not yet regulate by Indonesian Criminal Law. Of course, the effort of criminal law reform as (1) categories of political crime in criminal special acts, (2) criminalitation for the new political crime, (3) the strict and clear formulation about the term, definition, qualification and formulation act in formal law instrument, and (4) the systematically procedural design and realible, is urgent and immediately things in fundamentally working for criminal law apparatues in manageable political crime in Indonesia
IMPLEMENTASI KONSEP FALAH DALAM PENGATURAN PRINSIP KEHATI-HATIAN DAN PERLINDUNGAN HUKUM TERHADAP NASABAH PADA BANK SYARIAH
Get PDF Tujuan jangka panjang penelitian ini adalah dengan dirumuskannya konsep tentang pengaturan prinsip kehati-hatian dan perlindungan hukum terhadap nasabah pada Bank Syariah yang mendasarkan pada konsep falah, diharapkan dapat menjadi masukan kepada para pengambil kebijakan/pembuat peraturan perundang-undangan atau otoritas perbankan Syariah di bidang perbankan Syariah dalam membuat peraturan/kebijakan di masa yang akan datang. Tujuan khusus dari penelitian ini adalah: (1) untuk menganalisis dan mengkonsep pengaturan tentang prinsip kehati-hatian yang tepat, dengan mendasarkan pada konsep falah, yang seharusnya diberlakukan pada Bank Syariah dengan tidak meninggalkan konsep prinsip kehati-hatian yang sudah ada dan untuk menganalisis; dan (2) menganalisis dan mengkonsep pengaturan tentang perlindungan hukum terhadap nasabah penyimpan dana pada Bank Syariah dengan mendasarkan pada konsep falah, sehingga dapat diketahui apa yang seharusnya berkaitan dengan hal tersebut.Penelitian ini merupakan penelitian hukum dalam ranah kajian yuridis normatif/doktrinal . Dalam hal ini, penelitian hukum doktrinal merupakan suatu upaya penemuan asas-asas dan dasar falsafah hukum, baik dalam hukum nasional maupun dalam hukum Islam, dalam upaya penyusunan konsep aturan yang akan diberlakukan pada masa yang akan datang. Penelitian hukum normatif adalah suatu proses untuk menemukan prinsip-prinsip hukum, aturan hukum, maupun doktrin doktrin hukum guna menjawab isu hukum yang dihadapi. Isu hukum yang ditemukan akan dikaji dalam tataran dogmatik hukum, teori hukum dan filsafat hukum. Oleh karenanya, sumber data yang akan dikaji dalam penelitian ini adalah data sekunder yang berupa bahan hukum primer, bahan hukum sekunder, bahan hukum tertier dan bahan non hukum
KARAKTER PROGRESIF MATERI MUATAN PERATURAN DAERAH (Perspektif Keberpihakan Penyelenggaran Pelayanan dasar Pemerintah Daerah Terhadap Masyarakat Miskin)
Get PDF Basic service management is the obligation of Local government and one of the constitutional rights of citizen. Basic service is run based on Local Regulation (Perda) which is oriented for the prosperity of society especially for poor society. Based on that condition, it is required a progressive character of perda for guarantying availability, accessibility, and service quality