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BANGUN HUKUM AGRARIA NASIONAL BERBASIS NILAI-NILAI PANCASILA DI ERA GLOBALISASI
Get PDFThe study aims at knowing the implementation of Pancasila values in national agrarian law, national agrarian law from political perspective and the construction of national agrarian law in the globalization era. The result of study shows that Pancasila has rooted deeply in Agrarian Law Number 5 Year 1960. Accordingly it can be potential tools to explain, anticipate and provide solution for any legal problems in agrarian law issues in Indonesia. The Agrarian Law Number 5 Year 1960 as responsive political product of law is able to fulfill demand of justice of the society in Indonesia. Facing the globalization era, the agrarian law has to put Pancasila as the foundation which guides the law.Key words: Pancasila, Agraria Law, Building of La
CONSTITUTIONAL COMPLAINT DAN CONSTITUTIONAL QUESTION DAN PERLINDUNGAN HAK-HAK KONSTITUSIONAL WARGA NEGARA
Get PDFThe 1945 Constitution gives limitative authority to the Constitutional Court only to review of laws against the constitution, adjudicate dispute over state institution whose authorities are mandate by constitution, adjudicate dispute on the result of general election, dissolution of political parties and obliged to decide upon DPR’s opinion in the case of the impeachment of the President. In practice, many of the constitutional issues can not be resolved by the Constitutional Court because it explicitly doesn’t include the authority of the Constitutional Court, for example, the adjudication of the constitutional complaint and the constitutional question. Both of these issues are not easily resolved by the Court outside of the Constitutional Court. The main issue to be analyzed in this paper is the possibility that the Constitutional Court may adjudicate constitutional complaint and constitutional question. By using the normative approach, comparative study of several other countries as well as theoretical studies on the functions of the Constitutional Court in constitutional democracies states, this paper analyzes the possibility of the Indonesian Constitutional Court may adjudicate constitutional complaint and the constitutional question
KEDUDUKAN MENTERI KEUANGAN DALAM KEPAILITAN PERUSAHAAN ASURANSI
Get PDFThe research is aimed at investigating the exclusive position of the Minister of Finance as an applicant in an insurance company’s bankruptcy. This given authority has brought up issues in relation to law particularly concerning principle obedience. Problems raised in this research are, first, has Article 2 (5) Act No. 37 Year 2004 fulfilled the justice principle especially in the context of the nation’s role? Second, the given authority is in accordance with the positions and functions of the finance minister as “the government”. The methodology used in this paper is normative research. The research findings are: first, the nation’s participation in organising and overseeing the insurance company’s activities is fair. However, the chosen mechanism has actually ignored the law principles that have been agreed upon. The second finding, the position and the authority of the Minister of Finance as bankruptcy applicant has violated the positions and functions of a minister as it is already arranged in the Act of the Minister of State
FAKTOR HUKUM DAN NON HUKUM DALAM PUTUSAN TINDAK PIDANA KORUPSI DI INDONESIA
Get PDFThe role of a judge is very important in deciding corruption cases in Indonesia, if a judge is affected by external which will make him/her unobjective in deciding a corruption case, thus his/her independency is judged. According to the research results, there is difference between cases which occurred in Java Island and Sumatera Island, where there is more corruption cases in Java compared to Sumatera and the punishment is more severe than in Sumatera, apart from that there are a lot of corruption done by company leaders with the average age of 46-54 years old. This shows that a leader of the mentioned range of age tends to misuse their position and opportunities while on the other hand, judges seldom give maximum punishment to corruptorKey words: Corruption, Judged, Independency, Legal Factor, Non Legal Factor
URGENSI HARMONISASI HUKUM PENGELOLAAN PERTAMBANGAN MINYAK DAN GAS BUMI LEPAS PANTAI DI ERA OTONOMI DAERAH
Get PDF The management of off shore gas and oil mining in regional autonomy era is related to three categories of law regulations, namely the categories of regulations on mining, marine area and regional autonomy. Each regulation can reach its goals if one another works harmoniously, however, in reality these three categories of regulations are disharmonious, either in the principles of the objectives, institution authority, or law implementation area. Therefore, this paper will explain the importance of harmonization and the substance of regulations needed to harmonize
PELAKSANAAN PRIVATISASI BUMD DI ERA OTONOMI DAERAH DALAM SISTEM HUKUM DI INDONESIA
Get PDFGenerally, the existing of Local Own Enterprise (LOE) was based on the willing of local government to intervene the economic life in that region. LOE as business instumen of the local government is valuable enough and gives benefits to the local development as part of the efforts to increase prosperous life in this era of regional autonomy. As stated in Indonesian Constitution 1945 Article 33, the local government (as representation of the state) has right to own LOE as company business. The need of owning this LOE by the local government is embodied in the Article 173 and 177 of the Law No. 32 of 2004. Privatisation now becomes an alternative that should be done by State Own Enterprise (SOE) but not by the LOE. It is because of there is, until now, no Law that regulates the privatisation in LOE. Now, the effort for privatisation still becomes the local policy of each local government. The policy of privatization, then, becomes the important need if it is based on the need to increase local government in the form of public services quality as well as increase its local budget development
PENYIMPANGAN ASAS NON-RETROAKTIF DALAM PENGADILAN HAM AD HOC DARI PERSPEKTIF HAM
Get PDFAd Hoc Human Rights Court is regulated in Article 43 paragraph (1) Human Rights Court Law, which is established with the aim of providing justice for victims of gross human rights violations that has occurred before the Law was enacted. However, the provision is deemed to be violating human rights itself since it is against the Article 281, which regulates the right not to be prosecuted based on retroactive laws. Besides, it is also contrast to the principle of non retroactive, as one of basic principles in criminal law. The practices of human rights enforcement in Indonesia and the international world accept that violation on the basis of justice and the Human Rights instruments which provide the possibility of a deviation of the Human Rights implementation. The deviation is also justified only for the most serious crimes which become the concern of the international world, that is gross Human Rights violations in the form of genocide and crimes against humanity
INDIKASI GEOGRAFIS: REZIM HKI YANG BERSIFAT SUI GENERIS
Get PDFThe existence of the Geographical Indication (GI) was estabilished at the same time as the TRIPs Agreement in 1994. In the TRIPs Agreement, GI is Intellectual Property Rights (hereafter IPR) regime that is typical of sui generis due to its distinctive features. It is reflected in the elements that are in the definition of GI. Basically, GI has set the use of Geographical names to recognise an object. Previously, the IPR regime had also set them, namely: Indication of Source (IS) and Apellation of Origin (AO), that were set in the Paris Convention in 1883, Madrid Agreement in 1891, and the Lisbon Agreement in 1958. Instead, the geographical names are also used as brands. The paper is a theoretical study towards two problems. First, the elements that become the characteristics of GI so that it is typical of sui generis. Second, the similiarities and the differences amongst GI and IS, AO and other trademarks. The findings of the study reveal that GI is typical of sui generis, reflected in the elements that are in the GI definition as it has already been agreed upon in the TRIPs Agreement. There are similiarities amongst GI and AS, AO and other trademarks, namely they can use the geographical names as a label on objects. Meanwhile, the differences are in the elements themselves. IS has the simplest element, followed by GI and the trademark is in ownership system that is individual in the trademark and communal in GI
KONSEP SUSTAINABLE DEVELOPMENT SEBAGAI BENTUK PERLINDUNGAN TERHADAP KORBAN TINDAK PIDANA LINGKUNGAN HIDUP
Get PDFThe application of the principles of sustainable development in all sectors and activities become the main requirements to be internalized into policies and regulations in order that future generations will not inherit damaged and polluted environment. This research aims to identify, examine, and analyze the importance of legal protection and construct the ideal legal protection for the victims of environmental crime which have a sustainable development quality in the future. This is a normative legal research which uses legislation law, case law, comparative, and conceptual as the approaches. The result of the research shows that philosophically, environmental crime victims should be protected because according to the theory of the law of the welfare state that the country is responsible for citizen’s welfare. Moreover, the preamble of the Indonesia 1945 Constitution 1945 (UUD 1945) also stated that the duty of the country is to protect the whole nation and give a general welfare. In the future, the ideal of environmental laws is to construct a sanction in the form of compensation for the victim and take on the environmental restoration by applying the principle of strict liability.Key words: Sustainable Development, Victims, Environmental Crim
Tugas Dan Fungsi Dewan Keamanan PBB Dalam Penyelesaian Sengketa Internasional (Secara Damai)
Get PDFThe Security Council is one of equipment of the United Nations whose functions and assignments are to maintain the harmony, security, and piece of the world. The security council of the United Nations in conducting its functions and assignments occasionally determines the resolution. However, many are questioning the supporting force of the resolution. In this study, the assignments and functions of the security council of the United Nations as well as the supporting force of the resolution determined are discussed