Nagari Law Review
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Realitas Pemenuhan Hak Penyandang Disabilitas di Lembaga Pemasyarakatan
Get PDFTo fulfill the rights of persons with disabilities in correctional institutions is an inseparable part of the paradigm of the integrated criminal justice system, which is also the spirit of Law No. 8 of 2016 concerning Persons with Disabilities, that the judicial process is an inseparable unit since the handling of cases by the police, prosecutors, the judiciary, up to the implementation of court decisions through the Ministry of Law and Human Rights. The court's decision in the form of imprisonment is carried out by a prison. However, even though Indonesia has ratified the Convention on the Rights of Persons with Disabilities and ratified Law No. 8 of 2016 concerning Persons with Disabilities, barriers to the fulfillment of the rights of persons with disabilities in prison are still common. The results of this reaserch indicate that the problematic fulfillment of that right was found in the form of various obstacles faced by persons with disabilities in all correctional business processes. Both the constraints of physical facilities and infrastructure, regulatory constraints, and human resource constraints. This situation is also exacerbated by the reality of overcapacity experienced by all correctional institutions in Indonesia. This research is a form of nondoctrinal research, where the data used are primary data by looking at the reality of fulfilling the rights of persons with disabilities in prison and interviewing several related partie
Lembaga Jaminan Fidusia: Pasca Putusan Mahkamah Konstitusi Nomor 18/PUU-XVII/2019
Get PDFFiduciary is one of the guarantees where the debtor has the right to control and take advantage of the goods that are used as fiduciary security objects. Article 15 paragraphs (1), (2), and (3) of Law Number 42 Year 1999 concerning Fiduciary Guarantee regulates the execution mechanism for fiduciary security objects when the fiduciary giver (debtor) experiences breach of promise to the fiduciary recipient (creditor). So far, the execution mechanism for fiduciary security objects regulated in the Act creates legal uncertainty and harms the debtor's rights. Because it gives too much power to the creditor. The imbalance of power relations between debtors and creditors towards the handling of the problem of breach of contract actually causes an injustice in existing fiduciary institutions. The Constitutional Court, through decision number 18 / PUU-XVII / 2019, tries to return the fiduciary institution to the spirit of equilibrium relations between debtors, creditors, and fair fiduciary guarantees. After the decision of the Constitutional Court Number 18 / PUU-XVII / 2019. Has there been a harmonious power relationship between two legal subjects in fiduciary guarantees. This paper examines the pre and post fiduciary guarantee institutions of the Constitutional Court and analyzes the legal consequences that occur. This paper uses a type of juridical-normative research using primary data and primary, secondary and tertiary legal material. While the analysis method uses qualitative method
The Implementation of Business Judgment Rule Principle in Managing the Company
Get PDFA business decision is very important to determine the quality of the Board of Directors in carrying out their duties professionally and responsibly as expected by Good Corporate Governance (GCG). The effectiveness of the Board of Directors is the center of the implementation of Good Corporate Governance. Bank Business is very risky (such: credit risk, reputation risk, etc.). The Board of Directors in making a business decision, will always face unpredictable condition. In Banking practice, the Head of Branch Office Bank is the extension of Director, if the Head of Branch Office Bank signs credit agreement out of the rules (plafond). His action has categorized as ultra vires, so the consequence is the Head of Branch Office Bank can be held responsible for his action. In this case, the Board of Directors has not taken responsibility for the action of the Head of Branch Bank, based on Business Judgment Principle, the Director has not taken its responsibility for ultra vires act which is done by the Head of Branch Office Bank, as along as Director has managed the Company in good faith, carefully and does not against the law. Therefore, Business Judgment Principle gives legal protection to the Director in making a business decisio
Impact of Withdrawal State Parties in 1998 Rome Statute of the Existence of International Criminal Court
No full textThe International Criminal Court is an international criminal justice institution established in the context of struggle against impunity. Eighteen years of operation of the ICC since 2002, ICC experienced a case where the state it one by one withdraw from membership, such as South Africa, Burundi, Gambia and the Philippines, which is due to the inclusion of ICC investigations related to these state as well as several reasons related to the existence of discriminatory ICC judicial operations patterns. What is the implementation of ICC legal norms by state parties, and how the impact on the existence of ICC is what will be discussed in this study. The research method used is Socio-Legal Research, which examines the relationship between juridical and political aspects. The results of this study conclude some evidence related to the implementation of ICC legal norms by withdrawing party states, such as the background to ratifying the Rome Statute 1998, the implementation of the law, and the reasons for withdrawing the country, as well as some juridical and political impacts affecting the existence of the ICC
The Protection of the Rights of the Defendant by the Constitutional Court-The Kosovo Case
Get PDFThe aim of this case study is to analyze the protection of the rights of the defendant in criminal proceedings and the implementation of international standards on the rights of the defendant in criminal proceedings in the domestic law of the Republic of Kosovo. This paper will focus on the role of the Constitutional Court of Kosovo in protecting the rights of the defendant during a criminal process, based on specific cases decided by the Constitutional Court of the Republic of Kosovo. For more than ten years since the Declaration of its Independence, Kosovo has established a legal system, which provides effective protection for the rights of a defendant. A significant role in this regard was played by the fact that Kosovo directly applies the jurisprudence of the International Court on Human Rights (ECtHR), as a constitutional obligation. Out of all institutions of the legal system in Kosovo, which are obliged to protect the rights of defendants, a determinant role was played by the Constitutional Court in such regards, therefore, this paper presents arguments how the Constitutional Court of Kosovo has become a guardian for protection of the rights of defendants, in compliance with the Jurisprudence of the ECtH
Eksekusi Kebiri Kimia Pelaku Kekerasan Seksual Terhadap Anak di Indonesia
No full textThe state has an important task in developing and protecting the rights of children from all possibilities that will endanger the lives of children in the future. The birth of a law governing additional penalties in the form of chemical castration for perpetrators of sexual violence against children is a form of state commitment in optimizing the protection of children's rights. However, the implementation of this law does not exist yet, which hinders the enforcement of legal protection for children. This research is a normative legal research using secondary data consisting of secondary and tertiary primary legal materials collected through literature study then analyzed qualitatively and presented descriptively so as to obtain a detailed and systematic picture of the implementation of chemical castration execution of perpetrators of sexual violence against children in Indonesia. Children as victims of sexual violence and also perpetrators and even the community are entitled to get certainty about the implementation of chemical castration execution. So it is necessary to regulate the implementation of chemical castration execution to realize legal certainty while still looking at justice for victims as well as the use for perpetrator
Efektivitas Hukum Pidana dalam Melindungi Perempuan Korban Kekerasan Seksual di Era Sekarang dan Mendatang
Get PDFThe aim of this study is to analyse how the effectiveness of criminal law regulations in protecting women victim of sexual violence. The method used in this research is the statue approach and conceptual approach. This research was conducted by collecting primary and secondary legal materials, in order to obtain a critical study of the legal issues that surround the community. The results of this study state that the existing criminal law regulations, Penal Code of Indonesia and Code of Criminal Procedure (KUHP and KUHAP) and future criminal law regulations (RKUHP and RUU PKS) are less effective. This research found about the ambiguity of the definition and meaning of the acts that are regulated is not very broad, so that it has the potential to cause a gap for the perpetrators to commit crimes and the perpetrators will escape the bondage of criminal law. So, the renewal of regulations needs to be done to guarantee and protect women's rights by taking into account all possibilities of types of crimes and new modes that will be committed in the future
Sistem Pengawasan terhadap Perjanjian-Perjanjian terkait Pengiriman Pekerja Migran atau Tenaga Kerja Indonesia ke Luar Negeri
Get PDFSupervision of labor in the process of sending migrant worker abroad began at the time of recruitment, registration, counseling, document management, training until departure. Related agreements in the process of sending migrant worker namely: Placement Cooperation Agreement; migrant worker Placement Agreement; and Work Agreement. All these agreements are in practice made in the form of standard agreements. Supervision of the strong party is necessary to avoid oversight in order to provide protection to the weak party. Supervision is carried out by agencies that work in synergy between the Ministry of Foreign Affairs, the Ministry of Manpower and the Regional Government, which has the authority and synergy to supervise both administrative and technical nature with integrated information systems in order to provide protection to Indonesian Migrant Workers Abroa
Pengangkatan Anak Oleh Orang Tidak Menikah Di Wilayah Hukum Pengadilan Negeri Padang
Get PDFAlong with a number of adoption practices in Indonesia, his background is no longer done only by the couple but developed by those who decide not married, not married and even the widow / widower. Therefore, to ensure legal certainty adopted child, adoption should be based on the determination of the Court. The principal issue raised in this thesis is how the process of adoption by single parents in the region of Padang District Court law, what legal consequences arising from the adoption by single parents this. This research is a sociological juridical law, which is an approach that refers to the written rules and legal materials other is the data, while also to see how the application or implementation in the community through field research, this study used the specifications is descriptive analysis, which describe, describe or disclose the data that has relevance to the problem. Some things that can be concluded that removal of children by single parents in Indonesia have a setting that is the first time Gazette No. 1917. 129 applicable to the Chinese. Adoptions by single parents also follow the Government Regulation No. arrangements. 54 Year 2007 on Implementation of Appointment of the Child. Terms of adoptions by single parents should only be done by inter-Indonesian citizens, with the determination to apply for adoption to the court, must be by special permission of the Minister of Social Affair
Penerapan Fungsi Sosial Terhadap Hak Kekayaan Intelektual Di Dalam Masyarakat
Get PDFThis article analyzes the position of ideal social functions in IPR which should be regulated by the government. The purpose of writing this article is to examine the social functions of the government to overcome the conflicting intellectual property rights of individuals with the rights of other individuals. This article proves that IPR aims to protect individual intellectual property. The application of IPR has separated intellectual property from the people. Though intellectual property arises in the community. The community environment can provide inspiration to find ideas. Individuals cannot live outside the community. Therefore, intellectual property must provide benefits to the community. Social functions will play a role in overcoming conflicts of intellectual property rights between owners. The dialectic pendulum that sways between the two points of view will stop and produce the most ideal position. In accordance with the dialectic of Hegel which places the initial position (thesis) which has a circle within itself. The negation that occurs makes the change to the final position (anti-thesis), which results in the most recent position (synthesis). If individual discoveries are absolute rights, then other individuals also have the same rights. IPR will be bound in its use in the community. If an individual's intellectual property rights conflict with the rights of other individuals, the government will emphasize social functions in overcoming them