Sriwijaya Law Review
Not a member yet
181 research outputs found
Sort by
LAW ENFORCEMENT OF THE BANDUNG REGIONAL REGULATIONS ON THE ORDERLINESS, CLEANLINESS, AND THE BEAUTY
Get PDFThe Number of sidewalk vendors in Bandung has reached 11,000 with no decline in growth according to the survey conducted by Indonesian University of Education/ Universitas Pendidikan Indonesia (UPI) in collaboration with Badan Perencanaan dan Pembangunan Daerah (Bappeda or regional development planning agency) Bandung. Sidewalk vendor is one of the main contributors to the dirtiness and traffic congestion in Bandung. Bandung has passed a Regional Regulation Numbered 3 and 5 about Cleanliness, Orderliness and the Beauty to prevent and to build the sidewalk vendors. However, lack of legal awareness and law enforcement may constrain the effectiveness of the regulation. Those regulations are particularly Bandung Regional Regulation Numbered 4/ 2011 concerning sidewalk vendors in which imposing high fine sanction not only for the seller but also for the buyer to prevent them from violating those regulations. To analyze the the compliance level of society and the effectiveness of fine sanction for the violation of regulations, this research used juridical normative approach and comparative method by comparing the regulation in Bandung with other Regional regulations related to sidewalk vendors in other cities in Indonesia such as in Surakarta and Surabaya. This research found that the law enforcement to the violation of sidewalk vendors regulation in Bandung city is not optimum due to lack of awareness to obey the law. The criminal sanction such as fine and forced fees are not able to prevent the violation of sidewalk vendors regulations. This research suggest that The Regional government of Bandung City: (1) needs to find a right model to keep sidewalk vendors in order by looking at the characteristics of the society and its social culture; (2) needs to search for a way to increase society’s compliance to any policies made by the government; and (3) needs to revise the current regulatio
THE PROTECTION OF CONSUMER RIGHTS FOR AVIATION SAFETY AND SECURITY IN INDONESIA AND MALAYSIA
Get PDFIndonesia and Malaysia have a good potency for cooperation in aviation industry. It can be seen in the establishing two aviation companies namely PT. Indonesia Air Asia and Malindo which both are low-cost carrier. These aviation industries are categorized as low-cost carrier, however safety and security are absolute factors because these are rights for consumers. This article will describe further about safety and security standard; protecting the rights for consumers in connection with safety aviation in Indonesia and Malaysia from the Consumer Protection Law and the Aviation Law. As a result of the research shows that safety standard passenger for air transportation in airport covers information and safety facility in the shape of availability of the emergency safety tools (fires, accidents and natural disasters); information, area and health facility; and healthcare workers. Moreover, safety standards for passenger in an aircraft include information and safety facility in the shape of availability information and the emergency safety tools for passenger in an aircraft. The protection for consumer rights for safety flight in Indonesia as follows: aviation industry has obligation to fulfill minimum standard of safety and security; consumers must be safety from false information which raises concern; aircraft operation which endanger of the passenger; and consumer protection in operating the electronic device which endanger flight. On the other hand, the law of consumer rights in Malaysia relating to aviation are ruled under the Aviation Law as a result of the Warsaw Convention 1929. In conclusion, the verdict of consumer rights related to security aviation begins when the passenger enter to an aircraft, in the aircraft, and by the time they get off the plane
The Enforcement of Criminal Law in the Utilization and Management of Forest Area Having Impact Toward Global Warming
Get PDFThe rampant corruption is in the utilization and its influence on global warming. It is expected in the future, in addition to the availability of maps of forest area easily accessible with some clear regional boundaries, there are also institutional and human resource capacity strengthening in the areas permitting the process to prevent corruption in the management of forest areas in Indonesia resulted in the destruction of natural resources, especially forests. Various activities in that sector become a critical point of the occurrence of corruption cases. In addition to the inadequacy of the forest area maps, unclear set of area boundaries, and the violations of licensing criteria, the cases of illegal logging become the factors that cause damages to the forest land in Indonesia. The purpose of this paper is to find out the relationship between corruption in the permitting conversion of forest land field of the ministry. The method used in this study was descriptive analytical research describing and analyzing the available facts in accordance with the issue that became the object of the research study
The Role of Public Notary in Providing Legal Protection on Standard Contracts for Indonesian Consumers
Get PDFPublic Notary is needed in conducting businesses of varying sectors. For example, people who want to own a house through a bank with House Ownership Loan (Kredit Pemilikan Rumah - KPR). Quite similar to a purchase of common loan contracts, the purchase of KPR contract is formulated into a standard contract. Its contents and clauses have been previously prepared by the bank. Then, bank customers as debtors only have the option to accept the entire contents and clauses of the KPR contract, otherwise they will not be granted KPR loan. As the consequence, the position of banks as lenders and customers as debtors are never equal. Debtors are powerless and have to comply with the content of the contract. This research discusses the protection given by notary in the drafting process of standard contract based on Law No 8 of 1999 on Consumer Protection (Undang-Undang Perlindungan Konsumen - UUPK) and Law No. 2 of 2014 on the Rules of Notary Profession (Undang-Undang Jabatan Notaris - UUJN). The result of the study showed that a public notary has a strong foundation to protect consumers’ rights according to the UUPK. An application of this, among others, the notary’s refusal has to include the entire content of the KPR agreement into a deed before s/he could examine whether the two parties of the agreement occupy an equal position and have proportionate power. For instance, in the transfer of responsibility clause from a bank as a business owner – a notary is entitled to advise the bank that its activity has violated the UUPK. If the bank insists that the clause is instructed by its central bank, the notary can help explain that the revision of the clause will help the Bank avoid the violation of UUPK
TRADE LIBERALIZATION AND CONSUMER VULNERABILITY: A LEGAL FRAMEWORK ON LEGISLATIONS AND TESTING MECHANISM FOR ASEAN PRODUCT SAFETY DIRECTIVE
Get PDFoai:ojs.journal.fh.unsri.ac.id:article/6Since its inception in 1967 ASEAN has advanced in great leaps in the economic sector luring new member states into its pact. From a mere five member states (Malaysia, Indonesia, Thailand, Singapore and the Philippines) ASEAN has today managed to entice five other neighbouring states (Brunei 1984, Vietnam 1995, Laos & Myanmar 1997, Cambodia 1999) into its pact transforming itself into union of ten member states with a consumer population expected to exceed 600 million people. In order to ensure sustainability amid global challenges, member states have engrossed ASEAN Charter in 2007 with a view of creating an ASEAN Economic Community by 2015 that is robust, competitive and sustainable. At this juncture, ASEAN has to realize that like any trade liberalization initiatives, goods moved readily and freely throughout the free-trade area that is facilitated by a lucrative non-barrier tariffs incentives. This vision of a single market which creates a frontier without borders can prove to be advantageous to member states only if they have the required vehicle that is able to overcome the drawback of its progression through harmonization and synchronization efforts that is effective and successful. Like everything else, every advantage has some disadvantages attached to it. This article will address important determining factors that are crucial in the development and scope of proposed ASEAN Product Safety Directive including reviewing relevant determining factors such as regional stability, consumer protection legislations and standard and testing agencies of which one without the other will be incomplete. The proposals suggested in this article will strengthen and unite ASEAN in overcoming unsafe product issues at ASEAN level
The Application of Article 359 of the Criminal Code In the Investigation of the Death of Post-Operative Patients (Juridical Analysis: Case of the Death of Three Patients in the MHP Hospital, Lampung)
Get PDFThe incident of the death of three post-operative patients in a line at the MHP hospital, Lampung on April 5, 2016 had emerged the decline of public confidence toward hospitals, both public and private hospitals. The symptoms in the patients’ body before they died were convulsed and decreased consciousness. Based on dr. AA, Sp.An., if post-operative impact occurs, then a person who takes responsibility is an anesthesiologist. This means that responsible for the death of these patients was the doctor who performed anesthesia before the operation. All three patients, who died after operation in MHP Hospital, respectively, were Mr. RM suffered from varicose; Mr. S the patient with a tumor in the left leg calf; and Mrs. DP who performed a caesarean section. These patients underwent a convulsion and decreased consciousness after operation, although the anesthesiologist had tried to save their life. Yet, these patients died. During the operation, the doctor had operated with the use of Standard Operating Procedures. Based on the information from the Chairman of IDI and the Chairman of MKEK, they said that dr. EP, Sp. An. As the anesthesiologist had done the right procedures in doing anesthetic injection to these patients. During the investigation process conducted by the Regional Police of Lampung, toward dr. EP, Sp. An., he was presupposed in violation of Article 359 of the KUHP which stated "whoever due to his negligence has caused another person's death, will be sentenced with a maximum imprisonment of five years." In a juridical study over Article 359 of the Criminal Code committed by the writer in the cases described above, it can be concluded that the element of "negligence" as the main requirements of this article “is not fulfilledâ€. Thus, this article applied in this case does not meet the main requirement of criminal elements which is presupposed, and the investigation process is terminated
An Analysis of the Death Penalty in Indonesia Criminal Law
Get PDFThis research uses normative juridical approach to study on the analysis of the death penalty executions and the legal policy of death executions in Indonesia. There are delays on death executions for the convicted person since they entitled to using rights namely filing a judicial review (PK/Peninjauan Kembali). Furthermore, the legal loophole in the execution of the death penalty by the publication of the Constitutional Court Number 107 / PUU-XIII / 2015 which assert that the Attorney as the executor can ask the convicted person or his family whether to use their rights or not if the convict clearly does not want to use his rights, the executions will be carried out. Legal policy on threats and the implementation of the death penalty in the draft of criminal code was agreed by draftsman of the bill with the solutions. The draftsman of the bill agrees that the death penalty will be an alternative punishment sentenced as a last resort to protect the society. The bill also regulates that the execution among others include that the execution can be delayed by ten years probations. If the public reaction on the convict is not too large or convict has regret and could fix it or the role in the crime is not very important and there is a reason to reduce punishment, the death penalty may be changed. For pregnant women and the mentally ill convicts the execution can only be carried after the birth and the person has recovered from mental illness. The existence of this solutions is still kept putting the death penalty in criminal law, whereas the effectiveness of the death penalty is scientifically still in doubt to solve crimes and to prevent crimes by the death penalty punishment
IMPROVING LEGAL ARGUMENT CRITICALLY IN THE LITIGATION MECHANISM IN INDONESIA (AN EMPIRICAL STUDY OF ENVIRONMENTAL VERDICTS)
Get PDFLegal argument is a debate or argument in explaining the issues between two or more people performed in court. Legal argument is one way to perform law finding with the purpose to avoid legal vacuum when the judge makes a legal reasoning in a verdict. In making a legal argument, it is at least performed by legal reasoning, logic, facts. However, some judges, in making a decision, did not use the legal arguments by legal reasoning and facts so that it resulted in debates and arguments. It is interesting to study on how to build legal argument in the litigation mechanism in Indonesia. Some verdicts in Indonesia have been the debate among the public through social media, by both academic and non-academic communities, because they were not based on the legal facts revealed at the trials and not in favor of the public sense of justice. Some of the examples are the verdict in the case of the environmental lawsuits of Lapindo Brantas Mud in Sidoarjo, the case verdict in Palembang District Court on the lawsuit filed by the Ministry of Environment and Forestry on forest fires and land concessions of PT. Bumi Mekar Hijau in 2014. From the decisions, it turned out that the judges, in making the legal arguments for their decisions, had deviated from the analogy and were not based on the existing legal facts. In building legal arguments, it would have to be conducted by collecting data (evidence) and clear fact so that its solutions do not deviate from the rules of la
The Reform of the Procedural Religious Court Law Based on Islamic Law in Indonesian Legal System
Get PDFThe history of the development of religious courts and the inner atmosphere struggle of Muslims in Indonesia which faced the state’s political force in the New Order era has brought forth the religious procedural law. Article 54 of The 1989 Law No.7 stated that "the applicable law in the Religious Courts are applicable procedural law in the General Court, except those specifically regulated in this law." Philosophically, the Western law both civil substantive law (Burgerlijke Wetboek) and formal law/civil procedure (HIR and Rbg), prepared using the approach of individualism, secular, the optical properties of the nature legal dispute was seen as objects (Zaak) which is sheer material. While the substantive law in religious courts is the law derived from Islamic law that stem from philosophical values of Islam. So, the presence of the Religious Courts in the scope of judicial in Indonesia still raises problems, including: Why is the western law of civil procedure which promote the value of materialism and formal correctness adopted into religious procedural law, whereas the philosophical orientation is not aligned with the substantive law based on Islamic law, and what are the efforts to reform the reformulation of procedural law of religious courts
THE TRAJECTORY OF INDIGENEITY POLITICS AGAINST LAND DISPOSSESSION IN INDONESIA
Get PDFUnder the New Order authoritarian regime, the state endorsed terra-nullification of the customary territories had been the basis for the stipulation of state forest (hutan negara).After the fall of the General Suharto led regime in 1998 generated a new phase for the struggles of the customary groups in different parts of the archipelago. This article examines the rise of indigeneity and counter-hegemonic indigenous legal maneuvering spearheaded by Aliansi Masyarakat Adat Nusantara (AMAN) against ongoing land dispossession in Indonesia since the fall of New Order authoritarian regime which includes the indigenous mobilizations (strategy, organization and tactics) in the post-authoritarian country, including the avenue of new types of legal activism when it comes to the creative destruction of global capitalism today. It focuses on two modes of policy advocacy and campaign against land dispossession: (a) the production of the Constitutional Court Ruling No. 35/PUU-X/2012, a new legal landmark that establishes the constitutional norm of the citizenship status of Indonesian indigenous peoples (masyarakat hukum adat) as rights bearing subjects, and the owners of their customary territory; and (b) the National Inquiry on Indigenous Peoples’ Rights held by the Indonesian National Human Rights Commission (Komnas HAM). The discussion describes The Colonialism of ‘State-Izing’ Customary Communities’ Territory, Contemporary Indigeneity Politics in Indonesia, Counter-Hegemonic Indigenous Legal Maneuvering, Judicial Review against The1999 Law No. 41on Forestry, National Inquiry on Indigenous Peoples’ Rights, and Connecting Counter-Hegemonic Indigenous Legal Maneuvering with the Grassroots Struggles which focuses on Mobilizing at Multiple Scales. It is concluded from this article that the efficacy of legal struggles is very much depend on the capacity to connect with the grassroots mobilization by continuously promulgating the resurgence of indigeneity politics against the destructive impacts of corporatized state under the servitude of global capitalism, the indigenous movement constituents in Indonesi