PRANATA HUKUM
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Urgensi Perlindungan Pulau-Pulau Terluar Dalam Kaitan Integritas Teritorial Indonesia
Get PDFA territory is an essential element and most important for a country. Territory become important for the country with respect .for state sovereignty within the limits of the jurisdiction of the state that can be implemented. Archipelagic State is one type of state based on territorial coverage. Indonesia as a large Archipelagic State should be able to maintain the integrity of its territory. There are about 17,506 islands owned by Indonesia, the number of outer islands there is a direct border with neighboring Indonesia. The condition become urgent in an integrated management of the outer islands, with the aim to demonstrate the integrity of the Unitary of Republic of Indonesia. This is due to the importance of the islands, in general there are three points of view ie as a function of defense and security, economic, and ecological functions
Perbandingan Hak Asasi Manusia Menurut Undang Undang Dasar 1945 Dengan Undang-Undang No.39 Tahun 1999 Tentang Hak Asasi Manusia
No full textThe Comparison of Human Rights in Indonesian Constitution Year 1945 with Human Rights Law No.39/1999, Human Rights in Indonesia already exists in the Indonesian Constitution Year 1945 (original manuscript) long before the formulated in the international legal instrument. In the reform regime, which one way is to amended the Indonesia Constitution Year 1945. Amended constitution have been accommodated human rights, not only the basic norms as contained in several articles in Universal Declaration of Human Rights, but also incorporated norms of Human Rights Obligations, this can be seen from Article 28 A up to 28 J of the Indonesia Constitution. Moreover, Human Rights Law No. 3911999 to legimimized of independent institutions (Human Rights Commission). Law Enforcement of human rights in Indonesia are still very apprehensive, even many cases unresolved
Mediasi Penal Sebagai Alternatif Penyelesaian Perkara Pidana Di Luar Pengadilan
Get PDFVictim-offender mediation (VOM) is one of the penal mediation models used to settle the criminal cases. The origin of Victim-offender mediation was influenced by tribal moots model, unefisiency of criminal justice system, and restorative justice principles. Victim-offender mediation (VOM) is alternative dispute resolution with criminal case special, to see through criminal case between victim and crimnal actor:Â mediation tries to place offender and victim as a part of criminal justice system. Generally, Victim-offender mediation is dealing with the property offences, libel, offences against race, religion, and sexual harrasment. Victim-offender mediation also involves four fases of mediation, in take, confrontation, mediation its self, and outward. As the mediation model, Victim-offender mediation has the weaknesses and strenghs for offender, victim and society
Implikasi Globalisasi dan Penegakan Hukum Progresif di Indonesia
Get PDFThe Pancasila role in law national development at globalization era, globalization affects the economic, political and legal culture, making the relationship the countries is becoming one global village. The aspect of substance by the increasing adopted liberalism or neo-liberalism; and the cultural aspects affect the attitudes and behaviors that tend to be individualistic society. The Pancasila as an ideology and the basic state of Indonesia in the development of national law is a necessary âstaatsfundamentalnorm or rechtsidee " to elaborated in the principles of law and implementing of law The Pancasila as well as a filter for conformance to international legal instruments that will be enforced; as well as guidance for state and government agencies in formulating, implementing, and enforcing, and guidelines for Indonesia people
Tindak Pidana Penistaan Agama Oleh Kelompok Aliran Di Indonesia
Get PDFCriminal sanctions against the perpetrators of the crime of blasphemy under Article 156, 156a, 157 providing for the offense against religion and public order, in Section 175-177 regulating the violation of religious gatherings, and in Article 178- 181dinamakan Leichenfrevel Grabdelikte and respect for the ceremony kegamaan against those who died (the corpse).The factors that make development of a cult group in Indonesia is, Because seeking the guidance of Allah by way of penance and contemplation. Because there are people who praised excessively, cult, is considered sacred. In the end money, or anything pornographic. Lack of attention to the religious leaders of his people. Grand design of foreign parties to destroy the Muslim creed Indonesia. Someone Personal popularity. Problems of Economics. Not evenly spread of propaganda. Education and Information Flows
Implementasi Pendekatan Yuridis Normatif dan Pendekatan Normatif Sosiologis dalam Penelitian Ilmu Hukum
Get PDFThis study discussed the implementation of normative legal approach and sociological normative approach in legal science research. Normative legal discipline does not have empirical characteristic in its study, and it studies norms or rules. A complete legal research must be started with an inventory of positive law (normative legal approach). To know how far those positive laws accommodate and fulfill peoples needs, sociological normative approach is also done by using non-law data. The study of faced legal issues can also be added by using historical and comparative legal research approach, so those legal research can find a new legal philosophy. And then, those philosophy or doctrine must be explained in a legal product (law/ regulation) which then, finally all those things will reuse normative legal research approach and thinking
Perkawinan Beda Agama dalam Undang-Undang Perkawinan dan Hukum Islam
Get PDFCross religion marriage can be done according to article 66 of Marriage Law by applying Regeling op de gemengde Huwelijken (GHR) Staatsblad  year - 1898 No. 153 which regulates cross religion marriage for Indonesian people which has different law. In Islamic compilation law, cross religion marriage is illegitimate and is not valid, the marriage between muslim men and non-muslim women is illegitimate and is not valid (qaul-muâtamad). Majelis Ulama Indonesia Decision (Fatwa MUI) No. 4/ MUNASVII/MUI/8/2005, Islamic law forbid cross religion marriage because its disadvantages are more than its advantage
Analisis Praktik Penguman Formil Undang-Undang Terhadap Undang-Undang Dasar 1945
Get PDFThe standard to examine formal verification (forinale toetsingrecht) of law against 1945 Constitution in the Constitutional Court, covering : First, Pancasila and Articles of 1945 Constitution. The contrary can be assessed by value  of Fourth Article of Pancasila and legal substance of Article 5 paragraph (1), Article 20, Article 21, Article 22A of 1945 Constitution. Second, non-1945 constitution, for example is the general principles of law making process (algemene beginselen van behoorlijke wetgeving), the principles to assessed fact of legislation process (example: law making process in House of Representatives of Indonesia). Third, criminal court decisions, the decisions to assessed criminal offense at law making process, for example: corruption, bribery, and others
Peran Penyidik Unit Narkoba Terhadap Analisa Pembuktian Sampel Darah Dalam Perkara Tindak Pidana Narkotika Dan Psikotropika
Get PDFThe investigators role of drugs unit in blood sample analysis of evidence criminal narcotics and psychotropic, the process of examination of blood samples based on the Healthy Minister Decision No. 923IMenkes/SK/X/12009 on Technical Guidelines for Laboratory Investigation Narcotic Drugs and Psychotropic. The implementation of role, founded obstacle is: constraints on evidentiary analysis of blood samples in case of narcotic and psychotropic crime, among others: investigators were given 4 days, investigators here have difficulties because the examination of blood samples must be made at firensic laboratory in Jakarta, which takes a long time especially if conditions are unfavorable, limited personnel from Lampung Regional Police Drug Unit; legal culture of society, people seem less concerned with the abuse of narcotics. The power forensic results of blood samples as mail proof tool
Peran Advokat Dalam Pengembangan Ekonomi Syariah Khususnya di Bidang Perbankan Syariah
Get PDFThe Advocate Role 117 Sharia Economic Developmental, a especial of Islamic Sharia Banking, in the context of increasingly widespread Islamic economy these days, it is much needed role of the Advocate. The Advocates help solving the problem; giving and serving legal advice, among others in the field of Islamic banking, Islamic insurance, Islamic mutual funds, and broker sharia; creating a legal audit and legal opinion in preparation for the establishment, mergers and acquisitions sharia, including for the purpose of borrowing money and investing; conducting advocacy in the forum court; creating of legal drafting and Islamic business contracts, representing a company attorney at sharia arbitration forum either institutional or ad hoc or on the forum Alternative Settlement Issues (alternative dispute resolution), for example: mediation, consultation, negotiation, conciliation and expert evaluation