PRANATA HUKUM
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Revitalisasi Pancasila dalam Pembangunan Hukum Nasional Di Era Globalisasi
Growth in society effect of globalization have influenced growth in tatanan punish national. In the end existing law norm have to can adapt to change that happened, but non meaning have to take off embraced values, like life view, Five Principles state s philosophy and ideology which have become the source of from all source of law. For that law remain to have to can alli arising out implication effect of current of globaliasi with elementary value which contained in Five Principles. becoming elementary question is how development of law in Indonesia arising out of globalization values with values in Five Principles payload as source of from all source of existing law. Pursuant to result of Five Principles study intactly have to be seen by as " guidelines national", as " Standard national, principles and norm" what at the same time load " responsibility human and rights human". Five Principles also can function as margin of of appreciation as appreciation margin or boundary to law which live in society which is pluralistic so that can be agreed in life of national law
Kewenangan Pengadilan Niaga dalam Penyelesaian Sengketa Bisnis
The title of this research is the study of the Authority of the Commercial Court in Business Disputes Settlement. The main issues of this research are as follows: (1) What is the authority of the Commercial Court in the settlement of business disputes, due to unclear object of commercial case which can be handled by the Commercial Court? The results of this research are as follows: First, the authority of the Commercial Court under the bankruptcy law is to examine and adjudicate bankruptcy and other commercial cases. In addition to bankruptcy cases, the cases which are currently examined cover intellectual Property Right cases such as Industrial Design, Integrated Circuits Layout Design, Patent, brand and Copyright cases, whereas business disputes filed to the Commercial Court not provided under the Law are cases related to banking, trade agreements, consumer protection, insurance, corporation, transportation and capital markets
Perlindungan Korban Dan Saksi Di Pengadilan Pidana Internasional Dalam Upaya Penegahan Hak Asasi Manusia Abstrak
The establishment of International criminal courts (ICC) is an attempt of enforcement of human rights to judge international criminal cases: the crime of genocide, crimes against humanity, war crimes and the crime of aggression. Its creation is a universal respect of human rights and a state law. This research tried to answer how ICC protects the victims and witness and how they can get their reparations. This research used a normative research that analyze of Rome Statute and Rules of Procedure and Evidence of ICC and Resolution of assemble general on the creation of International Criminal Tribunal for Former Yugoslavia (ICTY) and International Criminal Court for Ruanda (ICTR). I found that ICC gave more protection to the victims and witness than ICTY and ICTR. The victim had also the rights for reparation, material and immaterial
Penyelesaian Sengketa dalam Perjanjian Pembiayaan Konsumen sebagai Akibat Wanprestasi
Defrayal agreement represent one of the way of to get required goods where buyer unable to pay for goods price cashly. Agreement like this non meaning do not contain risk. Risk will emerge if consumer do wanprestasi. Problem of research is how solving of dispute between the parties as effect of existence of wanprestasi. Strive the Solving of in the event of dispute because effect of wanprestasi use systems " handling procedure to consumer have problem" which is divided become eight solution time step. In the event of problems related to yuridis punish hence company peculiarly need legal attendance which showed by management. But in principle each;every resulted from by problems is consumer finished familiarityly and if cannot be delivered to body authority or justice. As suggestion institute defrayal of consumer shall be more be selective so that do not experience of loss of consumer effect doing wanprestasi
Status Hak Waris Anak di Luar Nikah Menurut Kompilasi Hukum Islam Dengan Hukum Perdata (Studi Kasus Di PA Dan PN Tanjung Karang)
Heir system represent one of the way of the existence of evacuation of is ownership of that is making a move good and chattel and rights of materil of side endowing after pertinent pass away. One of [the] problem of hereditary law exist in indonesia is to regarding child outside marrying, where there are elementary between law of islam and with civil in this writing how child heir rights status outside marrying according to complilation punish islam and according to civil law reaserch this use method approach of empiric and normatif, source of data of sekunder Data collecting primary data and done with bibliography study and field study and analysis qualitative. Result of research indicate that child heir rights status outside marrying which there are in compilationb punish islam is that the child only is entitled to inherit from its mother and its mother family and so do on the contrary in civil law. to its father of the child him is not at all generate relation is inheriting each other. In civil law arise after existence of confession of woman or men which him after existence of authentication
Analisis Putusan Pengadilan Agama Tanjung Karang No. 157/Pdt.G/2006/Pa.Tnk. Tentang Pembatalan Perkawinan (Studi Pada Pengadilan Agama Tanjung Karang)
As being live to continue its clan, hence there are relation both into marriage institute and with that marriage generate law , that is event suaatu which in giving effect of by law by that because problem of marriage in our State is based on religion law and State law. Problems is What the reason of raising of application of cancellation of marriage, How consideration of judge in decision Justice Of Religion of Tanjungkarang Number 157/Pdt.G/2006/PA.Tnk, and How legal consequences cancellation of marriage in decision Justice of Religion Number 157 / Pdt.G / 2006 / PA.TNK. This Research use method approach of empiric and normatif, source of data of sekunder Data collecting primary data and done with bibliography study and field study and analysis qualitative.. Result of research of reason raising of application of cancellation of marriage is done nuptials between sued I and sued II there no permission of plaintiff, Consideration of judge is the nuptials null and void because of existence of forgery of identity by Sued I with widower status, while Sued I still has valid wife husband relation, with plaintiff. Besides Sued I nor there is approval of valid wife ( Plaintiff), which is arranged in section 5 sentence ( 1), legal consequences cancellation of marriage its cancelation of marriage and Sued can raise other legal effort that is comparing
Rekonstruksi Tujuan Pemidanaan dalam Pemberantasan Tindak Pidana Korupsi
Problem of Crime since long time until now represent problem which is aktual and become diskursus which no desisting in crime hokum. Related of eradication of corruption doing an injustice of is problem of crime by judge become public focus, with many crime decision him which do not express sense of justice. Reconstruct crime to perpetrator of important corruption doing an injustice in order to harmonizing the target of crime and penjaatuhan of crime. First, placing judge moral as assessment corridor and base of determination of guilty law do not it him defendant pursuant to real correct consideration. Both, Formulating again the target of crime at prevention of corruption doing an injustice, Pemasyarakatan punished, solving of conflict generated by by doing an injustice, curing balance, and deliver to feel peace in society. Crime do not be meant to suffer and do not be allowed to condescend human being
Peranan Tuhapeut dalam Rangka Menciptakan Harkamtibmas
In societal life not rarely experience of trouble of Kantibmas the including criminal in the middle of society as one of the way of accomplishment of requirement like robbing, stealing, threaten with weapon. Because of society citizen have stick habit do not impinge regulation of custom and religion. What share in teaching religion teaching and custom is Tuhapeut. At Recently role of this tuhapeut experience of resistance so that kriminal impress to go up sub-province of Simeulue. Problem of this research is how role of Tuhapeut in order to creating Harkamtibmas? Role Of Tuhapeut To Prevent Kriminal In Order To Creating Harkamtibmas:Â Result of research show society citizen do not entangle all tuhapeut in solving of the problem of in Countryside because of all Tuhapeut figure authority do not at epoch first, this happened because shifting value him civilization of human being, because of there are some all Tuhapeut have made many mistake in the middle of society, during the time do not be effective so its Organization, all Tuhapeut do not have strong authority only just public spirited so that in its performance impress justly to come from, this happened because less care attention him of governmental side in this case Lawcourt of SyariAh less effective socialize to society
Implikasi Pemisahan Pemilu Nasional dan Daerah
Election in Indonesia have been conducted since 1955 that continue in the new order era from 1971 until 1997, after the fall election the new order in the transition era of reform has been carried out 3 times, from 1999 to 2009. But until now, local issues did not really resonate despite the existence of this DPD caused united between national and local elections so that local issues covered by the dominance of national issues
Tanggung Jawab Produk dalam Hukum Perlindungan Konsumen
Weaken producer responsibility him to yielded product it and is important of him applying of product standardization in the effort improving product competitiveness and protection to consumer, queer and also the problems him in its him field so that it is important to know how product responsibility in consumerism law. Responsibility principle able to be gone into effect as effort to protect harmed consumer because usage of service or goods in practice can in the form of contractual responsibility, and product responsibility, Contractual responsibility can be applied by if perpetrator of is effort have done Wanprestasi. Product responsibility can be applied by if between perpetrator of is effort with consumer there no contractual relation and also in the case of deed contempt of court