KEADILAN PROGRESIF
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Meneropong Konsepsi Negara Kesatuan dengan Sistem Otonomi Seluas-Luasnya
Get PDFThis study is about the implementation unitarty state with decentralization or autonomysystem. Autonomy as a principle of local governance based on the provisions ofarticle 18 of 1945 constitution and Local government law No.32 year 2004. Thisprovision states that Indonesia adopts a quasi-federal unitary state building, theUnitary Conception in Article 18 UUD 1945, the problem of residual power,institutional Parliament as the legislative
Pro Dan Kontra Terhadap Perspektif Gender Dalam Undang-Undang No.1 Tahtjn 1974 Tentang Perkawinan
Get PDFThe pro and contra towards gender perspective in Marriage law No.1 year 1974, there two perspective, is : 1) contra perspective, wife in domestic area and husband presents in public area, this wisdom doesnât give justice, puhes woman improverishment process. In Marriage law found discrimination towards woman should be abolished, with be ratified woman be Law No. 7 year 1984 about Discrimination, Abolition Towards Woman, so that, necessary right formulation revision and spouse duty in marriage law. Pro perspective, marriage laws correct and unnecessary at revision because right and duty must not be interpretted corred but be seen based on moral and the philosophy. The marriage is pray, hoppy family must basd on affection, mutual respect,love to love and mutual give good aid borns and mind. Task situating and responsibility must be discriminated by harmonization and symmetrical so that firm and shoulderred with responsibility .
Lembaga Jaminan terhadap Hak Milik Atas Tanah
Get PDFThe Mortgage is important as one of the security institutions which capable to providelegal certainty for the parties concerned in the provision of necessary funds for debtrepayment. The problem is mortgage granting registration requirement as a form ofsecurity institutions of property rights over land. The approach in this research is anormative juridical approach. Secondary data obtained from the literature study.Qualitative analysis of the data is done. Based on the research results can be seenthat the registration which is charged to the Mortgage of Land Property Rights isabsolutely necessary based on an agreement before a notary public with specificspecialties eligible entitlements dependent on the subject, and the publicityrequirements of the registration of Mortgage on the Land Office to ensure legalcertainty
Ratifikasi WTO dan Dampaknya pada Pembangunan dan Pembaharuan Hukum Ekonomi Indonesia (Suatu Tinjauan Ontologis)
Get PDFThis study is about WTO ratification and its impa on economic development andIndonesia legal reform (an ontological approach). WTO law is based on positivismneoliberalismparadigm. WTO law substance againsts pancasila paradigm and 33articles of the 1945 constitution. In addition to the substance of WTO law negatesthe substance of the article 7 of legal drafting regulation, it will have an impact on:(a) loss of Pancasila as the position fundamentalnorm paradigm and must make thelegal establishment of the indonesian economy as fundamental WTO law, (b) loss ofPancasila as the position recht and must make the legal establishment of theindonesian economy as recht WTO law paradigm, (c) loss of standing of Pancasilaparadigm as the validity of the presupposition and the needs for the establishment ofthe economic laws in indonesia to the WTO as a presupposition the validity of the ac
Gugatan Class Action dalam Penegakan Hukum Lingkungan di Indonesia
Get PDFClass Action in Indonesia to be see in Environmental Management Law No.23/1997and have amanded Protection and Management of Environment Law No. 32/2009,on the followed by Forestry Law No.41/1999, and so on. In Indonesia, there are 3(three) cases that attract attention: First, Kapak LPG Lawsuit, decision requets ofthe plaintiff is won, but Jakarta Province Court decision was rejected. Second, thevictim of consumer of railways in Brebes. In this case requets of the plaintiff claimwas granted is won. Third, Flooding lawsuit in Jakarta year 2002, in this case requetsof the plaintiff was rejected, on the based of Indonesian Presiden, Governor of Jakartaand Governor West Java is not responsible for flooding in Jakarta, but the mayor infive regions of Jakarta Province under Law Local Governance No.22/1999
Paradigma Holistik Hukum Progresif
Get PDFPositivism paradigm is one of the legitimacy of science, that still survive in the scienceof law, but several decades of this legal positivism get criticism of new ideas, example:progressive law by Satjipto Rahardjo, with maxim “law for man, not man for law”.The holistic paradigm of progressive law has lies in consillience, that is contained thevalue of unification model (human beings as the dominant actors on the legal realities)and firmly united model (as effort to liberated from positivism paradigm). Holisticparadigm that accompanies the progressive legal ideas, include: the law as a dynamicinstitution, the law as a doctrine of humanity and justice, the law as regulatory andbehavior aspects, the law as a doctrine of liberation. With a holistic paradigm,progressive law exists to spread the goodness, prosperity, justice and peace
Kekuatan Hukum Visum Et Repertum Sebagai Alat Bukti di Tinjau dari KUHAP dan Undang-Undang No.23 Tahun 2004
Get PDFThe basicly, humans is social beings who relating to others. However, relationshipswith others are not impossible will cause a problem, the problem is one of them isdomestic or family violence. It is criminal act, because it has violated the law. Theapproach used is the problem of the normative approach, it is reviewing regulations,book/ /literature and other scientific papers, empirical approach is performed as asupport for the completeness of normative data, data analysis in qualitative analysis.The result of this research has shown about strenght of Visum Et Repertum. Visum EtRepertum as complementary instrument to seacrhing for material truth, because thejudge is limited by certainly jugde principle and application of the minimun thresholdof authentucation, so that certainly jugde principle to became dominant faith
Aspek Hukum Peranan Wali Amanat dalam Penerbitan Obligasi Syariah Mudharabah
Get PDFThe Sharia bonds arise in connection with the development of Sharia financialinstitutions, such as Sharia insurance, Sharia pension funds and Sharia mutual fundsin need of alternative investment. National Sharia Board Decision (DSN) No.32/DSN-MUI/IX/2002 about Bonds and the National Sharia Board Decision (DSN) No.33/DSN-MUI/IX/2002 about Sharia Mudharabah Bonds, Sharia Bonds provides that asa long-term that are debt, with obligation to payed interest at a certain period andrepay principal. So, Sharia Mudharabah Bonds in principle being is debt letters withEmiten obligations of the profit sharing to investors
Penyelesaian Sengketa Antara Bank dan Nasabah Oleh Lembaga Mediasi Perbankan
Get PDFThe protection and empowerment of customers is the infrastructure existence of thebank to handle and complaints resolving and customer complaints. There is now, analternative dispute resolution through mediation between banks and customers. Article8 of Bank Indonesia Regulation (PBI) No. 8/5/PBI/2006, the dispute to be submittedin writing accompanied by supporting documents according to formats. The disputewas not raised in the process or have not been decided by arbitration institution orjudicial institutions. Disputes filed a civil disputes: the mediation process is conductedafter the customer and bank to signed the Mediation Agreement, that includes anagreement choosing mediation as alternative dispute resolution and agreement toabide by the rules of mediation are set by Bank Indonesia, then the bank shall followthe Mediation Agreement, which was signed by customer or lawyer and bank
Bentuk Perlindungan Hukum Bagi Anak Yang Berkonflik dengan Hukum
Get PDFChild represent the asset nation as the rising generation which sharing very strategicof nation. Indonesia context, child is router dream of the struggle nation. In thisstrategic role have been realized by international society to bear a convention whichits target emphasize the child position as creature of human being which must get theprotection for rights owned. Indonesia represent one of the 191 state which haveratification of Convention On the Right of Children in the year 1990 through PresidentDecision of number 36 year 1990. By ratify convention this, Indonesia own theobligation to fulfill rights for all child without aside from, one of children right whichrequire to get the attention and protection is children right which have conflict towith the law