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REKONSTRUKSI KEDUDUKAN DPD DAN DPR MENUJU BIKAMERAL YANG SETARA
Get PDFAs a state institution that was born from the amendment of the Constitution 1945, Regional Representative Council (hereafter: Council) has authority and supervision functions of such legislation in general. There are two important issues related to the council. First, the Council has the authority and supervision functions which are stated in constitution. Second, the Council has an equal position with the Parliament. By looking at the role of the Council and the Parliament stated in constitution, it can be seen that the Council is merely a complimentary institution. On the other hand, the institution which has the real legislation, supervision and budgeting functions is the Parliament. The provision contained in the constitution indicates inequality and imbalance between the Council and the Parliament, it does not mean that the Council has no role in the process of state. The Council should continue to run its legislation, supervision and budgeting functions optimally. Futhermore the Council should establish optimal relation with local communities. In this case, the Council is more flexible since its presence does not represent any political parties. Therefore the Council may have “public hearing” with various groups in society
PEMBERANTASAN KORUPSI DALAM PENGADAAN BARANG DAN JASA MELALUI INSTRUMEN HUKUM PIDANA DAN ADMINISTRASI
Get PDFCorruption in the procurement of goods and services cannot be eradicated only by a single criminal law instrument. The punishment theory, which aims at making the corruptors or people who want to do corruption scared and prevent the from corruption, is not effective enough to eradicate corruption, since the corruptors are mostly officers and the modus operandi (method of operation) is very dynamic. Therefore, corruptions are difficult to be detected. Thus besides employing criminal law as an instrument to eradicate corruption in the procurement of goods and services, administrative law instrument, which focuses on the control and administrative sanction, is also needed. Officers who are proven doing violation can be punished with the dismissal sanction, while the dishonest providers of goods and services can be punished by putting them in a black list or terminating their business permits. In conlusion, by combining use of criminal law and administrative law, the eradication of corruption in the procurement of goods and services becomes more effective
KONSEP PERLINDUNGAN HUKUM TERHADAP PENGETAHUAN TRADISIONAL MASYARAKAT ASLI TENTANG OBAT DI INDONESIA
Get PDFThe Protection of Traditional Knowledge, especially protection traditional medicine, have been an academic debate in international forum. Research is aimed to find out: firstly, living norms protecting traditional konowledge of medicine in indigenous communities; secondly, comparing practices of developing countries in regulating Traditional Knowledge; and thirdly, identifying the current applicable concept in protection Traditional knowledge. The finding of the research comprises, firstly, as a valid owner of traditional knowledge, indigenous peoples have reseonable rights to determine legal protection based on their perpectives. Secondly, practices of medicinal knowledge arrangement in developing countries are variable and; thirdly defensive protection concept and positive protection involves intellectual property regime (patent, trademark and geographical indication) and legal regime sui generis to be applied in traditional knowledge, especially medicinal knowledge.Key Words: Traditional Knowledge; Indigenous Peoples; Ownership; Intellectual Property, Legal Protection
DISKRESI (FREIES ERMESSEN) OLEH PEJABAT PEMERINTAH RAMBU HUKUM, ALAT UKUR KEABSAHAN, DAN KECERMATAN DALAM PENGGUNAANNYA
Get PDFThere is no law of which articles can embrace all aspects of the community life and various unpredicted events. Discretion is intended to implement the vague written laws (vagenormen) at the concret situation so the government function can be conducted in flexibility and effectivity. Even though the discretion is not based on the clear written law, or there is no written text at all, discretion is still bounded to the principle of validity (rechtmatigheid), in term of the authorithy, procedure, and substance. The legal sign of the discretion is clear and universal, but it is often adjusted to be in line with the needs of the users of the discretion. That kind of discretion is out of the real discretion context; it is a kind of authorithy and law abuse. The problem is not on the law, but it is on the manner of the discretion users.
REKONSTRUKSI POLITIK HUKUM KETAHANAN PANGAN BERBASIS SISTEM KEARIFAN LOKAL GUNA MEWUJUDKAN KEDAULATAN PANGAN
Get PDF The existence of the Tengger Traditional Community wisdom system in Ngadas Village, Malang Regency managing food crops agriculture and natural resources is partly apparent, developed, and continuous until now. The main problem of his study is how to set up a political law reconstruction model of local Tengger Traditional Community wisdom based food sustainability for establishing food sovereignty. The study utilizes two approach methods, the first being the normative approach is to analyze various law regulations, policies, and political laws related with statewide food sustainability and the implementations on the Tengger customs society. Meanwhile, the socio legal approach is to examine the presence of the local wisdom system and noticeable conflicts in the natural resource management experienced by the Tengger Traditional Community. The findings from this research reveal that the co-management model implementation are required to share commitment among the government and the public to be equally open, responsible, and strengthen their participation in a local wisdom system based food sustainability political law reconstruction in order to establish food sovereignty, either on the national, provincial, as well as city / regency level
PERLINDUNGAN HAKIM TERHADAP HAK-HAK ISTERI DALAM HAL SUAMI BERPOLIGAMI DI KOTA YOGYAKARTA
Get PDFThe research was aimed at identifying the protection for wives’ rights provided by judges in granting the permit for husbands’ polygamy and the effort done by wives in terms of unfulfilling their rights by husbands committing polygamy. This research was a normative law research which studied the law materials using the library research. The authoritative law sources were Koran and Hadits. The main resources were judges of religious courts. The results showed that: (1) the efforts attempted by the judges to protect the wives’ rights in terms of husbands wanting to do polygamy, that is: (a) the judges invited the wives or future wives to be asked about the statement on the willingness to become first and second wives and asked to give description about the risks of having husbands doing polygamy. Then, the statements were done in the written form; (b) the judges asked the wives’ brothers and sisters to be present in courts to provide a statement saying that the wives are suffered from mental disorders and unable to be present in the courts; (c) judges asked the husbands to provide written statements stating that they are willing to behave fairly and able to provide guarantee for the wives and children’s daily life needs. (2) wives’ efforts to defend their rights which are not fulfilled by their husbands doing polygamy were wives putting forward the sue for their rights to the religious courts for Muslims, and to the State Courts for non-Muslims
PERLINDUNGAN HUKUM BAGI INVESTOR DALAM INVESTASI REKSA DANA
Get PDFThe aim of this research is to find out: legal protection for investor in mutual fund investment. The research method used is normative legal research methodology, which is included librarian research using 3 (three) legal source, such as primer legal source, secondary legal source and last but not least ultimate legal source. The result of research are: Legal protection for investor in corporate mutual fund and collective contract investment is stated in multi fund management contract, the state regulation of capital market, and its executor regulations such as Securities Exchange (BAPEPAM) regulation and fiduciary duty
MEDICAL NEGLIGENCE CASES FROM THE PERSPECTIVE OF THE CONSUMER PROTECTION ACT 1999
Get PDFThe presence of the Consumer Protection Act 1999 (Undang-undang Nomor 8 tahun 1999 tentang Perlindungan Konsumen) has changed the way the people look at the doctor-patient relationship. In the past, relationship between doctor and patient was only viewed as fiduciary relationship, but after the enactment of this Act some people look at it as a kind of commercial relationship. If patients were considered as consumers, any action causing damage upon the patients would subject to related legal provisions available in the Consumer Protection Act 1999. Even though claim for compensation can be carried out based on the mentioned Act however the tendency to refer to the Consumer Protection Act 1999 for settling medical negligence cases in Indonesia is still very low. It is interesting to know why the patients seem to be reluctant to employ that Act in pursuing damages. This paper will elaborate the effectiveness of the Consumer Protection Act 1999 in settling medical negligence cases in Indonesia
Kedudukan Kebiasaan Internasional Sebagai Sumber Hukum Dan Hubungannya Dengan Perjanjian Dan Prinsip-Prinsip Hukum Umum Internasional
Get PDFThe international customs as the international laws are still considered important, because not all international relations are arranged in the international treaties. However, the international customs which can be the international law bases require certain conditions. After becoming the law bases, the international customs have the same level as the other primary international law bases and amongst the customs and other law bases complete one another
PENEGAKAN HUKUM YANG BERKEADILAN SOSIAL DAN BERDIMENSI HAM (Studi terhadap Penggusuran Kelompok Masyarakat Marginal)
Get PDFLaw enforcement in the current era of globalization, but to have to uphold the rule of law, expediency, social justice must also consider human rights. Likewise, law enforcement, especially the regional regulation should consider the values social of justice and human rights. The facto, in particular law enforcement often conflict with the values social of justice and violation of human rights. PERDA (Regional Regulation of) DKI Number No. 8 of 2007 on Public order tends to conflict with the values of social justice and violation of human rights. The most of obvious human rights are violated of human rights in field of economics, sosial and cultural