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Penyelesaian Perkara Perceraian Melalui Mediasi Sebagai Upaya Perdamaian (Studi Putusan No: 0317/Pdt.G/2014/PA.Tnk)
Full text linkOne of the things the completion of the process of a divorce through mediation as peace efforts between the Plaintiff against the Defendant. The problem in this research is how the divorce settlement through mediation as peace efforts in case No. 0317 / Pdt.G / 2014 / PA.Tnk ?. The approach used in this research is normative juridical approach and empirical approach. Data was collected by library research and field studies. Qualitative data analysis. Divorce settlement through mediation as peace efforts in Decision No. 0317 / Pdt.G / 2014 / PA.Tnk conducted by the Religious Court Judge Mediator by the pre mediation, the mediation process level, then mediation reached an agreement formulated in writing and signed by the parties and the mediator. Suggestions in this research is a mediator should continue to improve professionalism by continuing to hone the potential to participate in various education and training to adapt to the development of mediation techniques
Analisis Konsekuensi Hukum Keanggotaan Indonesia dalam Perjanjian World Trade Organization
Full text linkIndonesia as a developing country is also a member of International Organization, such as WTO (World Trade Organization), APEC (Asia Pacific Economic Cooperation), and FTA (Free Trade Area) which has the nuance of free trade. The problem in this research is how the legal consequences for Indonesia in WTO agreement. The problem approach in this research is the normative juridical approach that is approach by reviewing the rules related to the problem to be discussed. After data is collected and processed, then analyzed qualitatively. The results of this study indicate that Indonesia is legally bound by the terms of the WTO Agreement. For Indonesia, which does not embrace one theory in absolute terms, either incorporation or transformation, then there are two consequences juridically, ie externally and internally
Penyelesaian Sengketa Pajak Perusahaan Modal Asing di Indonesia
No full textThe problem of disputes in foreign business practices that occur is among foreign investors as taxpayers on the one hand with the government or the Director General of Taxation as tax authorities or tax collectors on the other side. The problem in this research is how to solve the dispute of foreign capital companies in Indonesia. The problem approach in this research is the normative juridical approach that is approach by way of reviewing the rules related to the problem to be discussed. After data is collected and processed, then analyzed qualitatively. The result of the research shows that the completion of the objection process to the Director General of Taxes does not provide legal protection and justice to the taxpayer (PMA Company) because the process of the objection is the disputing party (DGT). While the appeal through the Tax Court is doubtful of its independence and objectivity because the judges in the Tax Court are from former officials of the Directorate General of Taxes of the Ministry of Finance and the administration, financial and human resources management in the Ministry of Finance. Meanwhile, the Review to the Supreme Court did not provide certainty of the settlement time
Pelaksanaan Rehabilitasi Pecandu Narkoba Melalui Media Terapi Musik Sebagai Bentuk Implementasi Pasal 54 Undang-Undang Nomor 35 Tahun 2009 Tentang Narkotika di Lembaga Pemasyarakatan Kelas I Way Huwi Provinsi Lampung
Full text linkDrug abuseis increasing every year into serious attention by the government, In order to realize the Indonesian government program free of drugs through rehabilitation addicts very helpful in the prevention of drug crime. Based on Article 54 of Law Number 35 Year 2009 on Narcotics, which Narcotics addicts and Narcotics abuse victims are required to undergo medical rehabilitation and social rehabilitation, to recover the drug addicts in order to return to normal life in the midst of society. Researchers focus on research on social rehabilitation process where in Class IIA Narcotics Prison Class Way Huwi Lampung Province, is more to the religious approach and therapy. While the model of rehabilitation of drug addicts through social rehabilitation, researchers try to do a new rehabilitation method is through music therapy that has two models of active music therapy and passive music therapy. In the active music therapy patients are invited to sing, learn to play using musical instruments, imitate the tones, even make a short song in other words patients interact actively with the music, while the patient's passive music therapy just listening quietly without doing any activity. This study aims to increase community participation in helping drug prisoners to be free from drug trafficking through social rehabilitation; especially through music therapy media to the future can help the government to help liberate the Indonesian people from the dangers of narcotics abuse
Pengakuan Transaksi Elektronik (E-Commerce) dalam Kerangka Hukum Perikatan dan Kerangka Hukum Pembuktian
Full text linkE-commerce can be understood as an activity of trade transactions both goods and services through electronic media that provides convenience in the activities of consumer transactions on the internet. So in this context also the inherent legal aspects of the e-commerce mechanism is to interact with the Internet network applications used by parties who make transactions through the e-commerce system.The Consumer Protection Act (UUPK) and the Electronic Information and Transaction Act (UUITE) have been able to provide adequate legal protection for consumers in conducting transactions through e-commerce.In the engagement there is a commitment to do something and not to do anything. What is meant by the engagement to do something is to act in a positive, lawful manner, not violating the law and in accordance with the agreement. While the engagement to not do something that is not to do certain actions that have been agreed in the agreement. Furthermore, the evidence through the law of proof includes several dimensions, such as: the mention of evidences that can be used by the judge to obtain a picture of past events, evidence
Pelaksanaan Tindakan Diversi dalam Penanganan Perkara Anak di Bandar Lampung
Full text linkArrest, detention, and conviction of the child should be the last choice of law enforcement related, to avoid criminal child passed to the formal criminal justice system. It requires alternative problem solving children in conflict with the law through diversion efforts. Practical application the juvenile diversion in Polresta Bandar Lampung have not been fully implemented for all children, especially the criminal case after the release of Secret Telegram Kapolda Lampung No: STR / 22 / XI / 2006 / DITRESKRIM which in practice is still encounter various barriers. Based on the results of the background is at issue in this paper is the case how are the children that can be applied to the act of diversion, how the implementation of the procedure in case of diversion measures Reg No: LP/4574/X/2012 in Polresta Bandar Lampung, and why it happened barriers in the implementation of cases of child diversion in Bandar Lampung.Approach the problem in this study using normative approach and empirical juridical approach though library research, with sources from Polresta Bandar Lampung, Balai Pemasyarakatan (BAPAS) Class II Bandar Lampung and LembagaPerlindungan Anak (LPA). The data were analyzed qualitatively.Case Reg No: LP/4575/X/2012 on behalf of the defendant Yono (not his real name) and Melati (not her real name) has applied for diversion settlement through mediation. Together with BAPAS parties, the victim and the perpetrator parents and LSMs, investigators conduct deliberations to determine peace. After the mediation, Melati’s family declare peace with Yono’s family and has made a statement in the form of peace deal between the Melati’s family with Yono’s family agreement to pay all labor costs Melati. Peace involves Lurah, RT, Babinkamtibmas, and the Lembaga Perlindungan Anak (LPA). Category of offense punishable by one year should be prioritized for implementation of diversion and criminal offenses punishable 1 (one) to 5 (five) years may be considered for diversion application. Barriers to implementation is the lack of capability of knowledge diversion law enforcement authorities, parties of the society can not be consulted and fully devolved matter son to the authorities, the families of the victim and the perpetrator's family for the difficult compromise, and the lack of full government’s concern about the existence of the Institute of Social and good coordination with the legal advisor.For law enforcement officers are suggested for the benefit of legal protection for the child, then it should have been an excellent coordination between kemasyarakatan counselors, investigators, prosecutors and judges in accordance with the duties and authority as well as their respective functions under the law. Government in handling cases children are many things that must be considered especially things concerning the future of the children themselves so that what is stated in the Indonesia Law of Child Protection and the Indonesia Law Juvenile Criminal Justice System should be actually implemented that can foster children in trouble with the law in accordance with the provisions of the Indonesia Law of Child Protection, so that the imposition of unnecessary imprisonment
Disparitas Pemidanaan pada Perkara Tindak Pidana Perdagangan Orang
Full text linkTrafficking in persons is already happening for a long time, the oldest written evidence found indicates that this practice has been going on since the sixth century on Roman territory. Today, people trafficking is dominated by women as victims for the purpose of prostitution. Trafficking is happening in the province of Lampung. Lampung not be the locus delicti. Lampung is sending area. Bandar Lampung in cases of trafficking between 2009 and 2012 with the same charges.problems in the writing of this first study, Why happened disparity in the criminal case of trafficking in persons (Trafficking)? second, whether the basic consideration in determining the decision-making to the cause of disparity in the criminal case of trafficking in persons (Trafficking)? Based on the results of research and discussion it can be concluded by the authors, namely: Disparities Punishment In Case Crime of Trafficking in Persons (Trafficking) to be subject to the fore on the cases into the public spotlight or the value of the losses inflicted major factors causing the disparity criminal can juridical terms of theoretical and empirical terms. In terms of theoretical juridical, criminal disparity is due to the existence of freedom and independence of the judge in the 1945 Constitution and the Law on Judicial Power shall exist, the ratio decidendi theory, theory and doctrine of res dissenting opinion pro veritate judicate hebetur. In terms of empirical considerations include the state of the defendant's personality, the social, economic, and public attitudes, as well as in the proof of the facts in the trial can also affect consideration of the judge. The judge himself should not be cut off in indecision and the principle of in dubio proreo, so it appears a criminal disparity. Rationale Judge In Decision Making Up Cause Determination Disparities existence Punishment In Case Crime of Trafficking in Persons (Trafficking). Judicial independence is also a factor of disparity. In Indonesia the principle of independence of judges (judicial discretionary power) is fully guaranteed in Article 1 of Law No. 48 Year 2009 concerning Judicial Authority
Pelaksanaan Pelayanan Jasa Notaris Terhadap Orang Tidak Mampu
Full text linkThe Law of Position Notary Number 30 Year 2004 Article 37 states that the Notary is obliged to provide legal services in the field of notarial for free to the less fortunate. The problem in this research is how is the service of notary to people unable to? The method used is the normative juridical approach, the data source obtained from the library, the type of secondary data. Data collection is done by library study then in qualitative analysis. The result of the research shows that the implementation of Notary service to the person is not capable not as expected in the Law of Position Notary Number 30 Year 2004 Article 37 and Article 3 of the Notary Code of Conduct which regulates the obligation of Notary in providing services free of charge for person unable
Analisis Yuridis Pengampunan Pajak dalam Investasi di Indonesia
Full text linkTax incentives, whether tax exemptions, tax breaks, accelerated depreciation and so are different from "tax pardons". The problem in this research is how the legal form of tax forgiveness arrangement in investment in Indonesia. The problem approach in this research is the normative juridical approach that is approach by reviewing the rules related to the problem to be discussed. After data is collected and processed, then analyzed qualitatively. The result of the research shows that giving incentives in the form of debt relief and exemption of imposition of sanction give strong impetus to taxpayer to participate in tax forgiveness. For investors (old taxpayers) profits not previously / not taxable can be used to expand, or develop investment
Regulasi Pemerintah dalam Pasar Modal pada Era Otoritas Jasa Keuangan (OJK)
Full text linkThe capital market is a very dynamic industry, attractive, constantly changing, which is one element that is a benchmark for economic progress of a country in which traits - traits industrialized countries as well as new industry is the capital market has been growing and developing well. Characteristics is a consequence of the need for an independent regulator and ready to face the dynamics of these changes. Based on Law No. 8 of 1995 on Capital Markets, guidance, regulation, and daily supervision conducted by Bapepam Capital Market which aims to achieve capital market activities orderly, fair and efficient and protect the interests of investors and the public. After the establishment of the Financial Services Authority in which the passing of Law No. 21 Year 2011 on the Financial Services Authority, the agency is an independent body replacing the oversight function performed by BAPEPAM