FIAT JUSTISIA
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Review of Syaria Economy Disputes in Religious Courts within the Perspective of Small Claims Court (SCC)
Get PDFOne of the absolute competencies of the Religious Court revolves around resolving sharia economy disputes. Quick, simple and inexpensive principles of the court must persist within Religious Court procedures, such as in sharia economy disputes relating to business disputes as regulated in Supreme Court Decree No. 14 of 2016 on Procedures in Sharia Economic Disputes. The solution in this way should be able to speed up commercial Shia dispute, but in fact, various obstacles were found. This article reviews the resolution of sharia economy disputes in Religious Court within the perspective of Small Claims Court implied through SC Decree No. 14 of 2016, along with the possible issues of Small Claims Court in Religious Court procedures. This research was conducted with a normative approach. Juridically SC Decree No. 14 of 2016 conforms with SC Decree No. 2 of 2015, now replaced with SC Decree No. 4 of 2019, permits parties to resolve certain nominal claims through a quicker dispute settlement procedure. Judges participate actively throughout the dispute resolution as Small Claims Court provides flexible interaction within formal courts. In practice, limitations such as the amount of sharia economy certified judges show that sharia economy cases are better resolved through standard procedure within the Civil Court. Other limitations, such as the insufficient electronic court (e-court) systems, limit dispute resolution capacity with further substantial limitations such as executorial clauses that are not yet regulated and can take more than 25 (twenty-five days)
Satellite Image Data as Environmental Crime Evidence in the Field of Illegal Logging
Get PDFIndonesia's forest degradation which is triggered by decades of uncontrolled deforestation has caused massive tropical forest depletion. The same situation also happened to Aceh's forest whose forest areas have been shrinking from year to year. Indication of the increase in illegal logging is both in Indonesia and especially in Aceh as if showing an indication and an academic conclusion that there is a crucial problem. Therefore, there is a need for a mechanism to create an effective legal role to at least reduce illegal logging that is increasingly prevalent in Indonesia's forests. One of the mechanisms is by using a remote sensing technology approach to monitor the occurrence of illegal logging or other criminal acts in the forest which are considered to be the cause of the loss of Aceh's forest in particular and Indonesia in general. This study aims to find out the use of remote sensing satellite technology to monitor illegal logging in Aceh and to identify the use of satellite imagery by law enforcement officials in Aceh to punish illegal logging offenders. The results showed that law enforcement officers used satellite imagery data on conditions before and after environmental damage in handling illegal logging. However, the data that emerged from LAPAN is rarely used by law enforcement officials to monitor the condition of national forests, especially those in their work areas. Lack of use of satellite data by law enforcement officials in the initial tracking to eradicate illegal logging due to their lack of initiative to prevent illegal logging, the physical condition of Leuser protected forest areas which are also close to residential areas, and external issues of areas that make wood from Aceh's forests are traded outside the region and even abroad, as well as the lack of qualifications of law enforcement officials who know the environmental issues
Meaning and Follow Up of Positive Fictional Decisions According to the Government Administration Law
Get PDFAfter enacting the Government Administration Law, there have been positive fictitious decisions, which are contrary to the negative fictitious decisions stipulated in the Administrative Court Law. It has led to an inaccurate understanding in some of the general public that a positive decision is the final form of a request from the public to a government agency or official being granted a decision and/or implementation of government action. This research uses normative legal research methods using a statutory approach and literature study. This study explains that the existence of positive fictional decisions does not necessarily eliminate the existence of negative fictional decisions
The Legal Reform of Venture Capital Financing Institutions As a Financing Alternative for Micro Small and Medium Enterprises
Get PDFSo far, the role of venture capital has not been optimal, or it can be said that while it is not working. In practice, in Indonesia, venture capital companies carry out their business like banking. That until now, in general, venture capital companies practice more as credit providers as the usual practice of providing bank loans. All requirements and conditions requested for a business partner company (actually: a debtor) are like a bank in giving credit. Therefore a legal reform of venture capital financing institutions is needed to optimize financing for micro, small, and medium enterprises to realize national development
Impact de la détention préventive et de sa durée sur la présomption d’innocence en droit pénal international
Get PDFLe présent article, dénonçant l’indispensabilité de la détention préventive comme caractéristique des juridictions pénales internationales, tend essentiellement à démontrer le conflit qui nait entre cet impératif de l’enquête et le statut d’une personne n’ayant pas encore été reconnue judiciairement et définitivement coupable. Il s’agit d’une réalité que l’on constate en amont, à travers les textes créant et organisant ces juridictions et qui est traduite en aval, par leurs pratiques répétées, qui ne laissent place à aucun doute sur le caractère préférentiel de la restriction de la liberté individuelle. Or, comme dans tout système pénal national ou international, primordialiser la détention provisoire, c’est ronger la substance du principe de la présomption d’innocence, en ignorant la garantie que ledit principe offre à un accusé de garder intacte sa liberté jusqu’à sa condamnation définitive. Mais, c’est aussi pulvériser l’espoir qu’il suscite en la rationalité et l’équilibre du procès pénal à travers son idéalité
The Urgency of Harmonizing Competition Laws in Moving Towards the ASEAN Free Trade Area
Get PDFASEAN had created the ASEAN Regional Guidelines on Competition Policy and Handbook on Competition Policy and Law in ASEAN for Business as guides for assessment of the behaviour of business people in the industry and market. The Regional Guidelines “only” help member countries in increasing awareness of the importance of business competition policies. The execution of business competition is then left to the ASEAN member country, to be in accordance with national business competition policies. Meanwhile, the ASEAN Economic Community will allow business people in ASEAN countries to conduct business transactions in whichever country they prefer. Without clear regulations, businesspeople can freely carry out cross-border transactions that can disrupt the domestic market of each ASEAN member country. Differences in regulatory substances and the absence of competition law regulations in several ASEAN member countries will undoubtedly become a challenge for the application of competition laws by businesspeople in the ASEAN regional market. However, in relation to AFTA, the primary urgency is instead the realization of imposing tariffs of 0-5% by performing the harmonization of regulations in the field of Customs and the removal of other forms of Non-Tariff Barriers (NTBs). The removal of trade barriers is one of the things that are also regulated in competition law. This article is the result of normative juridical research that analyzes the differences in the substance of competition law in several ASEAN countries along with their juridical implications, to be able to evaluate the urgency of harmonizing legal regulations on business competition among the member countries of ASEAN
Legal Perception of the Community Regarding Productive Zakat and Its Utilization In Makassar
Get PDFZakat is one of the pillars of Islam that must be fulfilled by all Muslims. Zakat in its implementation, must be determined and regulated by religion and the state. This study aims (1) To find out and analyze the legal perceptions of mustahiq (zakat receiver) regarding productive zakat in Makassar; and (2) to find out and analyze the legal perception of mustahiq regarding the productive utilization zakat in Makassar. This research is based on legal research conducted with an empirical juridical approach, which sees the law not only as a set of normative norms or what becomes the text of the law but also looks at how the law interacts with the community (law in action). This research will be conducted in Makassar. In this study, the analysis used qualitative analysis and quantitative analysis was carried out based on primary data regarding the opinions of informants in the frequency distribution. The results achieved in this study are Makassar community perceives that productive zakat is the same position as consumptive zakat which is spent on household needs. Mustahiq provided revolving funds through qardhul hasan loans more to spend for household needs or consumer goods so that it does not provide benefits as a productive business. Zakat funds in the form of qardhul hasan loans provided by the Baznas Makassar should be used for productive ventures. Besides, the people of Makassar community still perceive that the funds lent from the Baznas Makassar do not need to be returned because they consider that the funds are their rights as poor people and their use is for consumptive purposes and there is no obligation to return the zakat funds. Funding loans under the qardhul hasan scheme managed by Baznas Makassar are revolving and rotating in natur
Is the Non-Justiciability of Economic and Socio-Cultural Rights in the Nigerian constitution Unassailable? Re-Examining Judicial Bypass from the Lens of South African and Indian Experiences
Get PDFThe 1999 Constitution of the Federal Republic of Nigeria, as amended (CFRN) recognizes the entitlement of every Nigerian within its borders to enjoy economic and socio-cultural (ESC) rights under Fundamental Objectives and Directive Principles of State Policy. However, the constitution seemingly renders these ESC rights non-justiciable or unenforceable. This paper examines the efforts of the Nigerian judiciary to bypass the non-Justiciability provision to enforce ESC rights in Nigeria. It mainly investigates the role of judicial decisions in other similar jurisdictions such as South Africa and India in shaping the jurisprudence of the enforcement of ESC rights in Nigeria. Therefore, the paper adopts the comparative method and recommends that both the Nigerian legislature and the judiciary should follow the example of enforcement of ESC rights in these other jurisdictions
The Competence of the Administrative Court and Administrative Justice
Get PDFAdministrative Court is a specialized court under the Supreme Court with a role to settle the administrative disputes included staffing disputes. The legitimation of Law No. 30 of 2104 concerning Government Administration has brought a new paradigm in the governance framework. Also, the competence of the Court is broader than before. In Addition, some regulations give more competence to the Court. It is normative juridical research. It uses statute, conceptual approach to observed, analyzed and discussion on the issues. This research is to develop the relations between the competence of the Court and administrative justice. Based on the research, broader competence gives more opportunity to get access to justice.In conclusion, administrative justice has some meanings; first, it is the rights of an individual. Therefore, the government has to provide detail, clear information for any individual before issuing a decree based on the application, rights to claims and revision for any mistakes. Second, the defendant must obey and implement the judicial verdict. This obligation as an implementation of administrative justice and legal certainty for Plaintiff and obedience by the Defendant to the judge verdict. Third, administrative justice should be supported by the regulations by obeying the judge verdict. This is part of improving the quality of governance
Jurisdiction of International Court of Justice (ICJ) Over the Genocide Violations: with Special References to Rohingya Case
Get PDFIn 2019, Gambia, a small country which located in West Africa, is suing Myanmar to the International Court of Justice (ICJ) with alleging that Myanmar has violated the Convention on the Prevention and Punishment of the Crime of Genocide 1948. The governments of Myanmar in doing the violations were intended to destroy the Rohingya Muslim as a group, wholly or partly, followed by other violations such as mass murder, rape, and also damage to the villages by fire with some people are still locked in the house and burnt inside the house. Government of Myanmar keep doing so, because based on Burma Citizenship Law 1982, Myanmar doesn’t recognize the existence of Rohingya as citizen of Myanmar. It causes Rohingya as stateless. The study is normative legal research with Statute Approach and Case Approach. The study analyse the violations which is done by Myanmar to the Rohingya Ethnic in Rakhine. The result shows that International Court of Justice has a jurisdiction upon Rohingya case under the Statute of the Court as well as the Genocide Convention. The statute of the Court in Article 36 (1) stated that ICJ has jurisdiction to all cases of the Convention as long as the states are contracting parties. The Article IX of the Convention also stated that any dispute between contracting parties must be referred to ICJ