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Penegakan Hukum Atas Pembajakan Kapal Indonesia Di Perairan Filipina
Get PDFShip hijacking is a maritime crime generally committed in territorial waters. It often happens in Indonesia and the Philippines especially border areas of both countries (Malaysia – Philippines) makes other ASEAN countries feeling worried because it is closely related to the aspect of security. Those cases had a serious impact on international shipping towards other foreign and domestic vessels. For that reason, we are going to analyze solving the problems mainly crimes committed onboard vessels such as boat piracy on the Indonesia-Philippines frontier. This becomes a very serious problem and has big impacts on the International society. Consequently, the main point of this journal is to find out efforts will be made to overcome these problems, jurisdiction which is used to solve the problems and the crew protection
KEYWORDS: Ship Hijacking,Piracy, Enforcement
Corporate Criminal Liability Against Biological Natural Resources and Ecosystems
Get PDFIndonesia has various natural resources, including a diversity of natural and biological wealth. Article 33 paragraph (3) of the 1945 Constitution outlines that the state should control natural resources for national prosperity. In the context, biological natural resources can appropriately situate with the conservation effort so that the government plays a vital role in maintaining biological natural resources and their ecosystem. The development of biological natural resources and their ecosystems is essentially an integral part of sustainable national development, and efforts to conserve biological natural resources and their ecosystems are realized by analyzing and evaluating the existing legislation. This paper aims to discuss the corporate criminal liability in Indonesia in the conservation of biological natural resources and their ecosystem. Then, it suggests the possible revisions regarding the biological national resources laws. Revision of the Act on the conservation of biological natural resources has started since 2018 as it is prioritized under the national legislation program. As the revision put the crucial part of the legal creation, the protection of biological natural resources and their ecosystem becomes the government's primary concern because the existing regulation still has no deterrent effect.
KEYWORDS: Corporate Criminal Liabilities, Biological Natural Resources and Ecosystems, Crime
Omnibus Law in Indonesia: A Comparison to the United States and Ireland
Get PDFRecently, omnibus law has become a critical discourse in Indonesia, both academically and practically. This discourse emerges from the relatively fast drafting and ratification of the Job Creation Law. This law's formation uses the omnibus law method because it contains many laws' substance into one law. One of Indonesia's fundamental issues is the absence of rules, methods, and techniques for forming the omnibus law. On the other hand, the techniques and methods of forming these omnibus laws have been practiced in various countries to accelerate the legislative process and organize regulations. However, public participation becomes one of the fundamental shortcomings to draft the legislation under omnibus law. This article aims to review and compare the omnibus law concept applied in selected countries, referencing the United States and Ireland as the model. This article also analyzes how to form the ideal omnibus law by learning from the omnibus law application in other countries that have successfully implemented it first. This study finds that omnibus laws in the United States and Ireland contribute to ushering hyper-regulation symptoms that are vulnerable and hamper economic development. The above comparison needs to be adjusted to the Indonesian context to enact the omnibus law.
KEYWORDS: Omnibus Law, Indonesian Law, Comparative Omnibus Law
Akibat Hukum Pembatalan Akta Kelahiran Terhadap Anak
Get PDFResearch on the legal consequences of the cancellation of birth certificates against children aims to know the effect of law affecting the child, as well as a review of the determination and verdict of judges in the court who play a role in legal action cancellation of birth certificate. This research also describes the importance of birth certificate due to the low public awareness to register the birth certificate. Research conducted using normative juridical research, which faces legal issues with the process of discovering legal rules, legal principles, and legal doctrines relating to the issue of law. This study used a deductive method that begins from the things that are common then applied to the formulation of the problem and can produce answers that are specific and legitimate. Based on the results of research, from the various rules of law, doctrine, and judgment and the determination of the court, that the cancellation of the birth certificate carries considerable legal consequences for the child. This resulted in the status and position of the child, in which this study included several examples of determinations and court decisions regarding the cancellation of birth certificates. In addition, the relationship between children and parents connected with alimentation rights will not be interrupted as long as there is evidence of a blood relationship between parent and child.
KEYWORDS: Legal Cancellation of Birth Certificate, Birth Certificate, Birth Certificate Cancellation
Perolehan Kembali Status Kewarganegaraan yang Hilang
Get PDFA person's citizenship is a very important thing, In the relationship of the state and the individual shows how important a person's citizenship is, whether a person includes a citizen ora foreigner is of great consequence in this public life. Citizenship is the membership of a country in a simple way as the country is a particular association or organization. A person can lose citizenship or without citizenship (patricide). The type of study used in this study is a normative law study that is a process for establishing a rule of law. The conclusion of the study is that when a person reclaims citizenship that a person will be entitled to the right of citizenship as regulated of law in a Number 12 of 2006 on Citizenship of the Republic of Indonesia
KEYWORDS: Citizenship, Citizen Rights, Apatride
Penerapan Prinsip Kehati-Hatian Notaris Ketika Membuat Akta Perjanjian Perkawinan Pisah Harta
Get PDFThe decision of the Constitutional Court Number 69/PUU-XIII/2015, meaning that the marriage agreement is no longer as a treaty made before marriage but may also be made during the marriage association, which was previously restricted by article 29 paragraph (1) of the marriage law that the marriage agreement was made after the marriage. However, the issuance of the decision of the Court MK Number 69/PUU-XIII/2015 without being followed by the implementing regulation resulted in practice there are many misunderstandings of understanding and the difference of legal application among the notary especially the notary of Malang city about the making of the deed. This shows the gap between the rules regarding the making of marriage agreement with the practice in society so that there are obstacles in the implementation of the law. This method used is the type of empirical legal research using the approach of legal sociology. As the results of this study indicate: first, that the notary must prioritize the principle of caution because there are still some legal issues related to the making of the marriage certificate of separation of property during the marriage bond in the mixed marriage after the decision of the Court MK Number 69/PUU-XIII/2015. Second, legal liability if the notary ignores the precautionary principle, may be liable for the deeds he or he has made, as well as the actions of the notary. Third, the application of prudential principles to the process of making marriage certificate deeds during the marriage must comply with the elements of article 1320 KUHPerdata (BW) and UUJN.
KEYWORDS: Prudential Principle, Notary, Postnuptial Agreement, During Marital Bond, Intermarriage
Gender Analysis in Indonesia's Legislation Regarding Political Laws
Get PDFThis paper examines Indonesia's current legislation on politics, inter alia, Political Parties Law, Election Law, and Parliament Law, by using gender analysis. This paper considers how these laws ensure equitable access, participation, control, and benefits for men and women. Under the justice and gender equality approach, these laws are not optimal, especially under the control and benefit indicators. In this context, Political Parties Law contributes more to the indicator of access, while Electoral Law provides access and participation indicators. At the same time, Parliament Law is expected to contribute the most to the control and benefit indicators. However, it is regrettable that Parliament Law does not comply with these two indicators. Also, the Constitutional Court's interpretation was not followed in a series of legislative revisions of Parliament Law. Therefore, the gender approach in the legislative revision of these three laws should be encouraged to benefit from social life with more just and non-discriminatory. It should also provide equal opportunity for every citizen to gain access, participatory rights, control, and benefits in development. Hence, it is inevitable to the importance of the government commitment in gender mainstreaming in policy, harmonization, and synchronization of laws and regulations.
KEYWORDS: gender justice and equality, political laws, women's representation
Good Selling Buying Agreement and Legal Protection for Sellers
Get PDFThe concept of the agreement is accorded to Article 1313 of the Civil Code (KUHPdt). According to the Civil Code, what is said as an act is an agreement with one person with another person and can be said more and in mutual binding. The scope of the agreement is too broad, including the marriage agreement regulated in the field of family law. A unilateral agreement is an agreement that is not allowed which is indeed not only coming or popping up from various parties or parties, and also not permitted between the two or the other parties. In the agreement there should be an element of binding to each other, meaning that the party from the other agreement maker can always tie themselves to the other party and the other party also binds themselves to those who are different or different. The agreement is evident between the two parties. Without stating the purpose in an agreement by the parties that make the agreement and for what the agreement was made, moreover the contents of the agreement are unclear and prohibited by law. This study uses a research method that is literature study where by referring to literature or books and the rules of existing or normative legislation. The results achieved are then it can be said that the agreement is null and void. According to these reasons, the concept of agreement can be formulated with an agreement in which in the field called assets occurs something or things and material things that are mutual to always bind themselves from the seller or buyer to implement the agreement. Agreements that have been implemented must be carried out in accordance with the rights and obligations of each party and there is no default or negligence in carrying out their obligations so that they can be said to have good intentions in the agreement.
Keywords: Legal Protection, Seller, Good Fait
Formulating Criminal Liabilities Regarding Online Prostitution
Get PDFThis study aims to obtain similarities and differences regarding legal formulation in online prostitution. Hitherto, prostitution has remained to exist in Indonesian society. In context, the existing perpetrators of prostitution do not peddle conventionally but also virtually, in which online prostitution that gradually increases is a common term that refers to this phenomenon. The current law enforcement against perpetrators of online prostitution performs as the consequence of the national law in which national laws have yet remained to accommodate in criminalizing perpetrators of online prostitution. The criminalization of perpetrators in online prostitution may contrast with the principle of legality so that national laws should accommodate perpetrators of online prostitution regarding their criminal liability. In particular, these national laws should address whether to prohibit the attitude that proliferates online prostitution so that perpetrators of online prostitution should be accountable for their crimes. Henceforth, this measure intends to avoid the overlap of the principle of legality in criminal law.
Keywords: Online Prostitution, Criminal Liabilities, Principle of Legality
The Perspective of Islamic Law on a Mismatched Object in Online Sales and Purchases Transactions
Get PDFOnline transaction is a cross-personal action done by two or more parties to reach an agreement. The law of sales and purchases in Islam requires the double coincidence of wants as a measure of transaction validity. However, humans will always find the double coincidence of wants as a remote probability. Therefore, the previous Ulamas set an ijab-qabul as a symbolization of the double coincidence of wants. A qabul is an expression of the handed over of one's ownership rights to a particular party, and vice versa, as well as a sign that both of the parties have agreed on the contract (akad).
Keywords: Online Transactions, Buying and Selling in Islamic Law, Object Mismatches