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Legal Aspects of Micro Business Development Institutions in State Purpose of Welfare
Get PDFMicro-business is one of the activities that is currently almost 90% the share of business in Indonesia, considering the micro business is an informal business, and not many micro-businesses have been touched by the financing sector so that micro-businesses are not affected in the economic crisis. In addition, micro-businesses are complicated to develop their businesses due to the lack of requirements to get funding and guidance that is still not effective, resulting in the lack of information for businesses to take advantage of existing market share. Moreover, micro-businesses must also be able to adapt to continue and grow amidst the current difficult conditions. The problems in this study are 1. Growth of Micro Businesses and the Concept of Development and Funding amid Technology-Based Business Competition 2. Legal Aspects of Micro-Business Development in the Welfare State's Goals. Results of this Research As the goal of the welfare state is one of them to improve the social welfare of the community. Micro-businesses participate in the purpose of the welfare state because remembering micro business as one of the fundamental pillars of driving the economy in Indonesia. It is necessary to have an active role of government and society to participate in building micro-businesses to be more developed so that the increase of the economy both in the region and nationally. So that the government must be able to facilitate businesses so that micro businesses can develop as the objectives of the welfare state.Micro-business is one of the activities that is currently almost 90% the share of business in Indonesia, considering the micro business is an informal business, and not many micro-businesses have been touched by the financing sector so that micro-businesses are not affected in the economic crisis. In addition, micro-businesses are complicated to develop their businesses due to the lack of requirements to get funding and guidance that is still not effective, resulting in the lack of information for businesses to take advantage of existing market share. Moreover, micro-businesses must also be able to adapt to continue and grow amidst the current difficult conditions. The problems in this study are 1. Growth of Micro Businesses and the Concept of Development and Funding amid Technology-Based Business Competition 2. Legal Aspects of Micro-Business Development in the Welfare State's Goals. Results of this Research As the goal of the welfare state is one of them to improve the social welfare of the community. Micro-businesses participate in the purpose of the welfare state because remembering micro business as one of the fundamental pillars of driving the economy in Indonesia. It is necessary to have an active role of government and society to participate in building micro-businesses to be more developed so that the increase of the economy both in the region and nationally. So that the government must be able to facilitate businesses so that micro businesses can develop as the objectives of the welfare state
Death Penalty for Corruptors: Between the Human Rights and Challenges of Progress in Indonesian Law
Get PDFThe study concerned here examined students' perceptions of death penalty existence for corruptors. Corruption is a significant problem that captures the attention of the wider public. Corruption has a vast, systematic, and complex impact so that it could be classified as an extraordinary crime. Despite that classification, it turns out that the public considers corruptors’ punishment in Indonesia still too light and has not met the public’s expectations regarding justice. The people still feel the disparity in a penalty for corruption. The public believes capital punishment to a punishment option that could cause a deterrent effect. The majority of the public wants corruptors to be sentenced to death, but there is opposition to the death penalty on the grounds of upholding human rights. This study was conducted by students of the Pendidikan Pancasila dan Kewarganegaraan (PPKn) or Department of Pancasila and Citizenship, Faculty of Social Sciences, Universitas Negeri Medan. It is found in the study that students agree on the death penalty for corruptors, that they do not see human rights as an excuse for rejecting the death penalty. Moreover, the death penalty is to be viewed as a breakthrough in combating corruption in Indonesia
Legal Issue Comparison of Piracy and Armed Robbery with Emphasis on the South China Sea-Malacca Strait and the Persian Gulf -Strait of Hormuz
Get PDFInternational trading flows have always been the subject of geopolitical risks and conflicts. Different stages of the supply chain, trade always face inherent challenges caused by geopolitical realities along given routes. In this study, the data concerning piracy and armed robberies of ships reported to the Global Integrated Shipping Information System were considered. The statistics include the information on the incidents during the period between 1998 and 2018 on different types of ships, in two most strategic areas, namely the South China Sea (SCS) and the Strait of Malacca (area 1) and the Strait of Hormuz and the Persian Gulf (area 2). According to the GISIS reports, most of the incidents occurred in the South China Sea and the Strait of Malacca are respectively 1684 and 610. Because of the importance of both the Strait of Hormuz and the Malacca Strait as the most vital waterway in the world, it is necessary to have a clear picture of the security situation in the two aforementioned Strait. This research allowed us: 1) to make a distinction between the security in two aforementioned areas; 2) to represent the source of the information for researchers
Legal Protection of Indonesian Migrant Workers (TKI) Overseas (Case Study of BP3TKI North Sumatera Province)
Get PDFEfforts to deliver overseas labour are considered effective to reduce the high unemployment rate in Indonesia. However, the higher the labour interest that wants to become migrant workers, the more cases experienced by Indonesian Migrant Workers (Tenaga Kerja Indonesia or TKI) abroad such as violence, rape, and wages that are not given during work. The low level of education of migrant workers is considered to be one of the main factors of the violence experienced by TKI. Protection against TKI working abroad has been governed by law No. 18 of 2017 on the protection of Indonesian migrant workers. The Indonesian Manpower Placement and Protection Agency (BP3TKI) is one of three institutions responsible for protecting the TKI working overseas. The purpose of this research is to further the broader explanation of the legal protection of Indonesian migrant workers abroad, conducted by BP3TKI in North Sumatera province. The method used in this study is a qualitative descriptive method consisting of interviews, documentation, and library studies. The results of this study indicate BP3TKI has carried out its duties based on Law No. 18 of 2017 concerning the Protection of Indonesian Migrant Workers. In carrying out its duties, there are several factors and obstacles faced by BP3TKI to provide maximum legal protection to Indonesian migrant workers
Constitutional Court of the Republic of Indonesia: Does the Ultra Petita Principle Reflect the Truth of Law?
Get PDFConstitutional Court is one of the conductors in Indonesia’s judicial power as regulated by Article 24 (2) and Article 24C (1) through (6) of the 1945 Constitution of the Republic of Indonesia, that adjudicates at the first and last levels whose decision is final including in the context of judicial review in the Constitutional Court. The provisions of H.I.R. and R.Bg. firmly reflect one of the principles in the civil procedural law, namely ultra petita, that represent judges prohibition from making decisions beyond what is requested. However, the practice in the Constitutional Court found several Constitutional Court Decisions classified as ultra petita decisions so that there is an academic step to justify the existence of Constitutional Court ruling that determine as ultra petita decisions. This study aims to find the justification of the Constitutional Court in deciding ultra petita through a philosophical, theoretical and legal dogmatic perspective. This study used a normative legal method with the conceptual approach, case studies approach, and legislation or statutory approach. This study shows that based on characteristics of cases under the authority of the Constitutional Court, it cannot be said that the prohibition of ultra petita can be applied to justice in the Constitutional Court, both from a philosophical, theoretical, and legal dogmatic based on several Constitutional Court Decision
The Existence and Legal Problems of Pak Ogah in Indonesia
Get PDFPak Ogah is a citizen, either an individual or a group that participates in regulating traffic order in the hope of being rewarded by road users who will pass or turn around at intersections in major cities in Indonesia. In this study, the issues will be presented that factors influence the emergence of Pak Ogah, and what legal problems arise from the phenomenon. The method used in this study is a qualitative research method with a juridical-empirical approach which uses facts in the field as the primary data. The results of the study stated that the emergence of the phenomenon of Pak Ogah was caused by three main factors, namely the legal substance, legal structure (law enforcement officers), and the legal culture of the Indonesian people. Furthermore, the problem arising from the phenomenon is that there is no legal guarantee and work safety for the protection of Pak Ogah if an accident occurs when regulating traffic order
Consumer Protection in the Banking Credit Agreement in Accordance with the Principle of Proportionality under Indonesian Laws
No full textThe implementation of the principle of freedom of contract gives rise to the types of agreements not regulated in the law or The Indonesian Civil Code (ICC). We are familiar with the term Standard contract or standard agreement. Standard agreements are often used in the banking world, one of which is in banking credit agreements, as we all understand that the position of the customer is weaker than the bank, so it must be protected by law. In order to protect these interests, the customer is given protection contained in the Banking Act regulations as well as the Consumer Protection Act and its derivative regulations. Specifically, the credit agreement format as the standard agreement set out in Financial Services Authority Circular Number 13 / SEOJK.07 / 2014 Concerning Standard Agreements is that credit agreements that contain rights, obligations and requirements that are legally binding on customers, are required to use letters, writing, symbols, diagrams, signs, terms, readable phrases, and / or sentences simple ones in Indonesian that are easily understood by customers. This is in an effort to provide protection to customers and the regulatory and supervisory functions of the Financial Services Authority
Dispute Settlement Practices through the Religious Court’s Mobile Court (Sidang Keliling)
Get PDFThis research is attempted to analyze the practices of mobile court and compare it with others. Based on the results of the study, the conclusions that can be obtained are that the implementation of the circuit court conducted at the Tasikmalaya District Religious Court has fulfilled several principles of civil procedural law, namely fast, simple and low cost. Among them when people who experience obstacles to come to the court office for reasons of distance, transportation and costs of the court come directly to the location, the bureaucracy is not complicated meaning that the implementation of the trial must be completed no later than 4 times the hearing, and the existence of an effective control system and various elements. Obstacles in the conduct of circuit courts include no standard guidelines for the holding of circuit courts, not all cases registered by residents are resolved in circuit courts, limited budgets, cases that have not been heard are all without prodeo, facilities and infrastructure, and not all religious courts hold circuit courts
The Right Non Self-Incrimination and Epistemology of Criminal Witnesses
Get PDFThe absence of a clear normative interpretation related to witnesses who are also criminal perpetrators in the Indonesian court has controversy on the theoretical level. In practice, the practitioners adopt a concept known in other countries. However, in adopting ideas from other countries, practitioners are often trapped in practitioners’ paradigms. Translating the perpetrators’ witnesses such as crown witnesses, justice collaborators (JC), and whistleblowers (wb,) are not the concepts comprehensively. In the end, the witness being denied the rights of the perpetrators, namely right non-self-incrimination. The paper offers a concept for finding solutions in the use of witnesses who are also as criminal perpetrators in epistemological basis. These considerations are used to provide a coherent way based on the principle to justify the use of witness evidence from the criminal perpetrators. The purpose is to accord with the principle of due process of law, not to clash the principle of non-self-incrimination in proving the search of material truth
The Idea of Prevention and Settlement of Human Rights violations in the Field of Natural Resources Based on Local Wisdom
Get PDFPrevention and settlement of human rights violations based on natural resources is done by establishing good cooperation (synergy) between stakeholders including local governments, community leaders, traditional leaders, religious leaders being one of the keys to avoiding human rights violations in the regions.in the aspect of the settlement of human rights violations can be done by using a settlement mechanism based on local wisdom owned by the region such as the settlement of adat SASAMBO in NTB is an alternative settlement of human rights violations in the future that can be used. So it becomes important to amend Law No. 39 of 1999 concerning human rights violations by including the resolution of human rights violations based on local wisdom in the regions