Nagari Law Review
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Hubungan Logika Hukum dengan Argumentasi Hukum melalui Penalaran Hukum
Get PDFLogic is a thinking activity to do systematic reasoning to produce conclusions which are the art of thinking in a straight, precise and orderly manner. Logical nature is a special nature of law which means that in a reciprocal relationship between legal norms in accordance with the principles of logic. So the relationship between logic and law is from its logical nature which is in accordance with reason. Legal argumentation is the result of legal reasoning. Legal reasoning is the application of principles of right thinking in (logic) in understanding the principles, rules, data, facts and legal propositions. Legal reasoning is derived from logic as a science of valid conclusions from various legal facts, problems, and propositions. Law logic is reasoning to find the legal basis contained in a legal event whether it is a legal act or a violation of law and includes it in a regulation existing law. So the relationship between legal logic and legal arguments is legal arguments based on legal logic
Penanganan Tindak Pidana Anak oleh Kepolisian melalui Diversi sebagai Perlindungan Hak Anak
Get PDFIn the consideration of Law No. 23 of 2003 regarding Child Protection, it is stipulated that a child is bud, potential and young generation who will become the successor for aspiration of nation struggling and hold strategic value in securing the existence of this nation in the future. That why this law obligates the state and government to provide special protection for child in any condition. In Law No. 11 of 2012 regarding Juvenile Criminal Justice System, the protection is given by establishing special court for children who are committing a crime, which is separated from adult court. This law also mandates as a mandatory that the law enforcement agencies in each stage of criminal justice should apply diversion in solving any child crime or child in conflicting with law. For the police, which stand in the first row of criminal justice system, diversion process is actually can be applied by some procedures available. Those procedures are through the implementation of police discretion, penal mediation, and restorative justice or by solving trough adat law process. The implementation of those procedures in one hand will provide strong protection for child’s rights and on the other hand will secure the best interest of child.  
Peran Lembaga Penjamin Simpanan (LPS) di Era Financial Technology
Get PDFIndonesia Deposit Insurance Corporation (LPS) as the institution that has function to provide security guarantees of financial transactions should also consider the risk of the financial system built by financial Technology (Fintech). Financial Services Authority (OJK) has announced that 231 Fintech Peer to Peer Lending (P2P) are illegal. This research endeavors to answer the following questions: how is the function of LPS in Financial Technology Era and how is the readiness of Indonesia LPS in the face of Financial Technology Era. This research applied normative or legal research in answering the questions. The study concludes that even though Fintech is not the banking institution, so that deposit Fintech is not guaranteed by LPS. However, with technological developments and community needs for financial services, LPS should strive to encourage economic growth, while still doing its function to maintain the stability of financial system through the transformation of the function of Indonesia LPS, then it should form regulations that are institutionally integrated with Bank Indonesia and OJK in dealing with uncertainty about the risks caused by the Fintech industry. LPS should also prepare human resource by forming a fintech division to face the development of the fintech busines
Upaya Pencegahan Korupsi Pengadaan Barang dan Jasa Pemerintah Melalui Instrumen Harga Perkiraan Sendiri
Get PDFThis study aims to analyze cases of corruption that occur in the procurement of government goods and services through the owner estimate (HPS) instrument. Corruption in the procurement of goods and services is ranked second after the bribery case. The preparation and determination of HPS as an important part of the procurement of goods/services implementation process carried out by the Committing Officer (PPK). HPS was prepared before the PBJ implementation process. By the provider, HPS is used as a basis for bidding. Meanwhile, by procurement officials and ULP, HPS is the basis for evaluating bids. Analysis using normative methods with qualitative approaches with primary and secondary data. The results showed that corruption cases in the procurement planning are caused by a mistake in the preparation of HPS. The mistake was caused by the HPS compiled by the vendor. PPK lacked the substance of the work and the case of mark up prices. Another cause was the data available for the preparation of HPS is so diverse that PPK compiles HPS without going through expertise calculations. The application of criminal law in the PBJ case is expected to be able to sustain the implementation of good government and public services through the State Budget. That goal can be achieved through the preparation of the right HPS so as to minimize the occurrence of corruption in Indonesia
Pentingnya Membentuk Budaya Antikorupsi Dilihat dari Perspektif Pertanggungjawaban Pidana Korporasi
Get PDFOne of the potential actors in corruption is a corporation. An important curative effort to eradicate corruption is to ensure that all perpetrators of corruption are accountable for their actions, including corporations as legal subjects; but preventive efforts are also important. One effort to prevent the occurrence of criminal acts of corruption that can be committed by corporations is to form a law-abiding and anti-corruption corporate culture. This paper tries to analyze the role of corporate culture on corrupt behavior that exists in corporations and the legal implications in criminal cases when corporations have implemented a culture of anti-corruption. This study employs doctrinal method, by analyzing legal materials. From the research conducted, it is recommended to arrange clearer regulation pertaining justifications for corporate criminal liability, and for corporations it is recommended that they form an effective and consistent anti-corruption culture in order to ensure that corporate policy is clearly against all forms of corruption carried out by corporate organs or executives. With the implementation of an anti-corruption culture within the corporation, it is expected that every member of the corporation will be very careful in preventing corruption, which can be considered as an act that represents the corporation. If the corporation has implemented an anti-corruption corporate culture, then in theory it should be accepted as one of the reasons to alleviate criminal liability for corporations as a form of justification “afwezigheid van alle schuld” (avas)
Perlindungan Hukum Terhadap Hak Masyarakat Dalam Perjanjian Kerjasama Perkebunan Kelapa Sawit
No full textThe State of the Republic of Indonesia is a legal state which is contained in Article 1 Paragraph (3) of the 1945 Constitution, in the rule of law, the power in running the Government based on the rule of law, in Indonesia there have been many cooperation agreements in the field of plantation, in the establishment of plantation based on the principle legal certainty to protect the parties in the cooperation agreement between BUMD and PT.MTL where in the plantation management agreement is not running smoothly, causing conflict between the community with PT.MTL party. Based on the above issues, what is the legal relationship between the parties in the oil palm plantation cooperation agreement, how is the legal effect on the community rights in the oil palm plantation cooperation agreement, how is the legal protection of the community within the palm oil plantation agreement. This research is juridical sociological with the nature of research is descriptive analytical. Processing is done by editing and then analyzed by using qualitative analysis methode. From the result of the research, it can be concluded that (1) the occurrence of civil relation between the parties based on the cooperation agreement between BUMD and PT.MTL and letter of land delivery between the community and BUMD (2) due to law on community land in this cooperation agreement the transition of rights, from public property rights to State land. (3) the absence of legal protection of community land that has been submitted to the BUMD to be granted the Right to Use Enterprise
Calon Tunggal dan Kemenangan Kotak Kosong sebagai Sebuah Realita Demokrasi Di Tingkat Lokal
No full textThe background of this research problem is the simultaneous regional head elections in 2018 that occurred in several regions, such as the case of "victory" of an empty box against a candidate for mayor of Makassar and the existence of a single regional head candidate in several regions such as Tangerang Regency, Tangerang City and several regions other. In addition, there are also a number of regional head candidates who have been convicted for criminal acts of corruption going forward again in the regional head election in 2018. The purpose of this study is to discuss problems in the simultaneous regional head elections in 2018, specifically regarding the causes of a single candidate and the reasons for the victory of the empty box so that it is expected that the problem can be analyzed in relation to existing laws and regulations. The research is also aimed at studying the budget efficiency which is one of the objectives of holding simultaneous regional elections in Indonesia or not. The research method uses qualitative methods using an empirical juridical approach. The data used are normative data derived from literature studies and empirical data derived from observations and interviews with relevant parties in the 2018 elections. Samples of data are taken from several regions that indicate there are problems in the simultaneous election process in 2018 namely Makassar City, Tangerang Regency, Tangerang City. The results of the study found that the emergence of a single candidate that had implications for empty box wins and budget inefficiencies were caused by the weakness of Law Number 10 of 2016. The results of this study were expected to provide recommendations for the next simultaneous local election improvement, both improvements in regulatory arrangements and improvements in practical arrangements
Fungsionalisasi Undang-Undang Darurat, Nomor 1 tahun 1951 sebagai Suplementasi dari Pasal 284 Kitab Undang-Undang Hukum Pidana Indonesia
Get PDFThe Penal Code of Indonesia as the heritage of Colonial Regime, in some instances is not in line with the people of Indonesia. One of them is that the article 284 concerning the prohibition of adultery, that has difference in concept with the values owned by Indonesian people. Therefore, there should be a breakthrough that the article adopts contemporary condition and be in line with the way of life of the people of Indonesia, especially related the first pillar of Pancasila, that is believe in one God. The purpose of this article is to discuss and convey the idea of the existence of Emergency Law No. 1 of 1951 concerning Temporary Measures in Organizing the Unity of the power and procedure of Civil Courts as supplementation of the article 284 of the Penal Code. This research applied normative juridical method and applicable law approach. The result of this study finds that Article 284 of the Penal Code could basically be accepted as one of the offense entities, but it is considered as lack Indonesia's spirit, even some consider that it not as a form of values in Indonesia people. The compliance between the law and the nation’s spirit is very important because the nation’s spirit is a source of material law that creates people’s legal awareness, as a guideline for law enforcement, as well as a source of the people’s law obidience. Considering the weaknesses and limitations of the article 284 of Penal Code in regulating adultery and the controversy of several articles in the draft Criminal Code which ended by the suspension of enactment and implementation, the Emergency Law No. 1 of 1951 can be enforced as supplementation of th article 284 of the Penal Code in order to maintain the balance and order in the societ
Strategi Penegakan Hukum Progresif untuk Mengembalikan Kerugian Negara dalam Tindak Pidana korupsi Melalui Pidana Uang Pengganti
Get PDFThe problems in payment of compensation for state’s loss in a verdict of corruption case factually raises injustice, because its implementation is hampered by the rules that give the convicted the opportunity to choose substitution punishment, that is prison punishment. This problem will cause the objective to recover the state loss due to corruption act will not be achieved. Therefore, there should a study on the policy regarding the punishment of compensation for state loss. This research is aimed: first, to find out the implementation of compensation of state losses in a corruption case, and the second is to find out a progressive legal strategy to recover the state losses through compensation punishment. This research finds that the implementation of the compensation punishment is not effective to recover the state's loss as a whole, because the judges has positivistic and compromise view and base their decision just on the formulation of article 18 paragraph (3) of Law No. 31 of 1999 concerning Corruption Eradication that gives opportunity for a convicted person to choose a substitution punishment instead of paying the compensation. The fact shows that the convicted person prefers to choose substitution punishment instead of paying the compensation. This will cause that the state loss cannot be recovered. The strategy to implement progressive law to recover the state losses through the payment of compensation can be done, first by confiscating the assets of the convicted since the beginning the investigation. The strategy will enable the prosecutor to find a breakthrough for the rigidness of written law and make possible for the prosecutor to confiscate the assets as long as one month after the verdict is due. The second strategy is by performing so-called contra-legal measures by imposing a compensation punishment based on Article 18 paragraph (1) b of Law No. 31 of 1999 concerning Eradication of Corruption and ignoring the provisions of Article 18 paragraph (3) that is without substitution punishment, but it must be preceded by a collateral confiscation of the convicted assets
Studi Komparatif Komisi Penyiaran Indonesia dengan Beberapa Negara (Amerika Serikat, Afrika Selatan, Prancis, Malaysia dan Singapura)
Get PDFIndonesian Broadcasting Commission or Komisi Penyiaran Indonesia (KPI) is a state institution which is established in 2002 as the implementation of Law on Broadcasting in Indonesia. It has a long history in guarding broadcasting in Indonesia. The research is focused on two problems which are: How the concepts and regulations of the KPI and how the history of this commission in performing its function as the guardian of public right for good and healt broadcasting. This research is related to constitutional regulation and uses both Statute spproach and historical spproach. This article examines the history of KPI formation and compare with similar institutions in some other countries in the world such as United State, South Africa, France, Malaysia and Singapore. By doing a comparison study, it will be able to understand the differences and similarities in order to draw lessons from various countries