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Solusi Perselisihan Konsulat Jenderal dan Kedutaan Besar Amerika Serikat di Indonesia dengan Staf Warga Negara Indonesia
Get PDFIndra Taufiq, an Indonesia citizen, a former local staff working for the United States of America Consulate General in Medan, brought an appeal to the Indonesian Supreme Court to the United States of America Consulate General in Medan and its embassy to pay Indra Taufiq’s termination of employement rights. Although the verdict of the cassation was won by Indra Taufiq, the consulate general and the embassy of the United States of America refused to carry out the court's verdict on the grounds of diplomatic immunity. This is a legal issue that should be reviewed in terms of the perspective of international law related to the legal status of diplomatic or consular representation in Indonesia and what should be done Indonesia to protect the rights of Indonesian citizens workers.
Keywords: Diplomatic and Consular Immunity, Dispute, Citizen
Sistem Pemerintahan Indonesia: Pendekatan Teori dan Praktik
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Indonesia’s presidential system requires the separation of powers (executive, legislative and judiciary) as it is based on checks and balances. It is stated in the Indonesian Constitution, but it still needs further reform, particularly on the limitation of such tripartite powers. This article uses legal research to analyse and discuss theoretical and practical issues on the governmental system of Indonesia. Theoretically, the authority of state institutions in Indonesia encourages an executive-centered government system. In fact, in carrying out functions and authorities, state institutions do not reflect that the Indonesian system of government embraces the separation of powers. In addition, this study recommends the need for refinement and improvement efforts, to enforce ideal concept and practice.
Keywords: Theory and Practice, Governmental System, Indonesi
Pembentukan Peraturan Kebijakan Berdasarkan Asas-Asas Umum Pemerintahan yang Baik
Get PDFThe creation of policy is one of the prerogatives of a free and uninhibited (freies ermessen, or free discretion) government administrations. Although freies ermessen grants free authority to the government, within the framework of national the law said the government should still observe legislation and the Principles of Good Governance. However, at the implementation level, there are still many policies that which are difficult to put into effect due to ambiguous interpretation and conflicts of interest, thus resulting in legal uncertainty. Based on this, there needs to be an affirmation of the position taken by the Indonesian government regarding the contradictory relationship between written law and implementation, so as to ensure the appropriate application of the principles of freies ermessen.
Keywords: Policy Rules, Freies Ermessen, Legislatin, Good Governance Principle
Cerai Gugat Akibat Murtad (Studi Putusan Pengadilan Agama Palu No: 0249/Pdt.G/2016/PA.Pal)
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Marriage can be over when one of the parties becomes apostate in which apostate may cause problems of housewifery. In this research, it argues that the judge adopts a verdict according to the Law Number 1/ 1974 and Compilation of Islamic Law. The article uses legal research which accords to the norms in the positive law including the judge decision. It concludes that apostate can affects the marriage and the children right to inheritance. Additionally, divorce may not be renewed except both conducts a new marriage. In pertaining to the children right to heritance, children could not inherit their apostate parent(s) because Islamic law determines that apostate can be the reason of losing the right to inheritance.
Keywords: Divorce, Apostate, Adjudication, Children Right to Inheritance
Book Review: The First Muslims History and Memory: Asma Afsaruddin, The First Muslims: History and Memory (Oxford: Oneworld Publication, 2011) pp. xx + 254. Paperback: $19.95
No full textThis is one of remarkably few recent books devoted to the Islamic theoretical conversation of constitutional law, by considering the genesis of polity within the Muslim community through historical, political, theological, and legal perspectives. The book provides the contentious concept of jihad and Islamic state which is perceived as the early Muslims’ legacy in this contemporary world. Specifically, it opens a window into the way of understanding the Muslim history by contesting Muhammad’s tolerant polity and the current extremism notion attached to Islam. Beginning the chapter, Asma Afsaruddin, an associate professor at the University of Notre Dame, presents an account of the dawn of Islam brought by the Prophet Muhammad. She takes the lifetime of Muhammad into an account of how the early Muslim community would be shaped from the age of ignorance (Al-Jahiliyya). The term Al-Jahiliyya refers to the time of recklessness and disregard for certain moral, spiritual, and social values revered by Muslims and other righteous people
Penetapan Upah Minimum oleh Pengusaha Bisnis Kuliner yang Memiliki Surat Izin Usaha di Kabupaten Jember
Get PDFEntrepreneurs of culinary business must have employees so their business can run smoothly. Additionally, they must also have a business license, as part of their legal obedience. Some of their legal responsibilities include the payment of minimum salary for employees, stated in regulations. In a practical matter, the payment of minimum wages faces problems, especially for small and medium business enterprises. This minimum wages' research is undertaken based on laws which set about employment, determination of minimum wages by culinary businesses, and legal solutions that employees can do if they did not get minimum wages salary. This research also uses the interview to collect data. Some of the respondents being interviewed are someone who has better knowledge about these problems. The conclusions from this research that salary payment is a never-ending problems, the things that entrepreneur’s thought fair for them but it’s unfair or employees, like minimum wages payments. Employees who did not get minimum wages salary choose to not reporting that, and quit their jobs.
Keywords: Culinary businesses, Salary, Minimum Wages, and Employee
Kewenangan Pemerintah Daerah dan Partisipasi Masyarakat dalam Pengelolaan Potensi Daerah
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This article describes the relationship between the authority local governments and participation in the management of the potential of the region. The authors argue that local government has a broad authority within its jurisdiction to manage local potentials. One of the tasks borne by government is by following the country, namely hold some of the state as organization power, one of them is given to the public and private in publishing licensing. On one side, the role of the community is very important in the management of the potential of the region as a form of concern of the community development of area, then with the participation of the community hope to increase the income of the around and for the local government assets. On the other hand, residents as a their nets a an ongoing activity. Later in this article explain also forms of public participation in the management of the potential of the region. This article use the study literature regarding the authority local governments and the study legislation about the authority local governments that applies. The results of the study concluded that extent authority local governments one of which is the licensing on the management regional potential, on the other side, required public participation in the management of potential an area.
Keywords: Local Government, Public Participation, Local Potential
Peran Serta Masyarakat Dalam Proses Penyusunan Analisis Mengenai Dampak Lingkungan Hidup
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Environmental Impact Analysis or called EIA is a preventive measure to prevent environmental damage as well as a prerequisite for getting an environmental license. The EIA in its preparation should involve the society, but there are still many societies that have not been fully involved by investors/business actors and the government. Whereas the society has the right and obligation to keep environment. The lack of social involvement to result in further about an assessment of social participation in the process of preparing EIA. The written uses normative juridical methods in addressing issues related to guarantees of protection concerning society involvement in the process of preparing to EIA and the legal consequences of non-involvement of the society. Discussion results show that society involvement in the EIA compilation process has been protected and guaranteed its rights by regulation but the implications of the regulation are still minimal. Consequently, the involvement of the public with the implications of EIA documents may be submitted to the Administrative Court and investors/business actors shall be required to improve the phase of the non-involvement of the society in the process of preparing the EIA in accordance with the court's verdict.
Keywords: Social Participation, Environmental Impact Analysis, Administrative Cour
Perjudian Online: Kajian Pidana atas Putusan Nomor 1033/PID.B/2014/PN.BDG
Get PDFLaw Number 11 / 2008 on Information and Electronic Transaction (UU ITE) is the regulation concerning on criminal law in addition to the Criminal Code (KUHP). UU ITE is commonly regarded additional regulation of the Criminal Code as a special law (lex specialis) in which Penal Code is deemed as lex generalis. It is based on the principle of lex specialis derogate legi generalis. This article uses legal research to review the decision of District Court in Bandung Number 1033/PID.B/2014/PN.BDG where it comprises legislation and cases. It concludes that the judge is not frugal in applying the principle lex specialis derogat legi generalis in the consideration. This is associated with the indictment of public prosecutor which only prejudges with article 303 paragraph (1) to 2. In contrast, the indictment which does not meet the requirement of a careful, clear, and complete description asserts to become void by law.
Keywords: Online Gambling, Criminal Principle, Indictmen
Menilai Pertimbangan Hakim dalam Memutuskan Tindak Pidana Kekerasan
Get PDFThis writing examines the consideration of judge to the decision concerning violence case according to Article 170 KUHP (Criminal Code) and evaluates conformity of decision with the provision of Article 197 Paragraph (1) KUHAP (Criminal Procedure Code) in the case of violence happened in Mojokerto. It takes into account of the judge to decide consideration which has the consequence of a decision made by the judge void by law. It uses statute and conceptual approaches analyzed through Article 170 KUHP and Article 197 Paragraph (1) KUHAP linked to the doctrine of experts to corroborate argument from the authors. In conclusion, this research considers the statement of the judge that the defendant guilty of a criminal offense according to Article 170 Paragraph 1 KUHP does not conform with the fact in the court wherein the court it is obtained the explanation from the witness that the letter of Visum et Repertum and a statement of the defendant done are exercised by the defendants caused casualties sustained. In addition, in making decision, the judge does not refer to Article 197 Paragraph (1) letter d and h so in which the decision should be declared void by law.
Keywords: Consideration of Judge, Criminal Offense, Violenc