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The Alternative Model Settlement of Credit Problems in Banking Agencies
Get PDFCurrently, the bank had a very important and very strategic role in various fields, as mandated by Law No. 7 on 1992 as amended and added into Law No. 10 on 1998 concerning banking where the bank has the main function of collecting and channeling the funds back to the community. Currently, the community cannot be separated from the banking world because it is no longer a public secret that banking services are very helpful towards the economic activities, especially entrepreneurs who want to expand their business. The research method used to answer the problems in this research is to use the normative legal research approach which is also called theoretical legal research or dogmatic legal research because it does not study the implementation of legal imperative. Data processing is done by several stages, namely data selection, data classification, and data systematics. Furthermore, the data is processed and analyzed qualitatively. The results of research and discussion show that legal certainty made by the government as an effort to protect the banks and debtors while the efforts that can be taken in settlement of troubled banks can be made by reconditioning, restructuring, and rescheduling. Besides the existence of 3R as one of the problems solving loan models, there are also models of problem-solving loans such as selling collateral underhand or takeover. Keywords: Model Alternative Settlement, Credit, Problematic, Banking
The Formation of Customary Law Related to the Use of Natural Resources in the Lore Lindu Region
Get PDFThe research aims to know and comprehend the customary law principles as a rule in the exploration of natural resources, to know communities behavior on customary law in exploring the natural resources, and to explain the customary law as a beneficial rule to conserve the natural resources in lore lindu region. It will be conducted through the research method of socio-legal by data collecting will be done by direct observation of the research object as well as interview and participatory appraisal. Secondary data such as documented policy, law and regulations, political agreements, village demographic data, and other supporting data will be collected from various sources of concerns. The result of the research could be revealed as that the customary law principles as a rule in the explorations of natural resources still influence their rule in using its of course lead by head of tribe (totua Ngata) for a long time ago. As well as the communities behavior on customary law in using the natural resources in general. Then the customary law as a beneficial rule to conserve the natural resources in lore lindu region in particular can be assumed, but the intervention of state law or policy made it diminish gradually. Customary law related to forest conservation as a part of their values such as ombo (forbidden) cutting or bring tree or fish in a certain time. Keyword: Formation; Customary Law; Natural Resources; National Par
The Choice of Law Issues in Marine Insurance Disputes Resolution in Indonesia
Get PDFMarine insurance business in Indonesia such as marine hull and machinery insurance and cargo insurance are subject to applicable laws and practices in the United Kingdom. Although Indonesia already has marine insurance law which is regulated in Wetboek van Koophandel, in fact, this business subject to English Law and Practice. The choice of law is listed in the insurance policy. Submission of the law and practice in the UK raises the issue for the parties in the insurance contract, between Insurer and Insured. Although the principle of the contract is a law for those who make it, in practice, there is a problem. The problem is especially when there is a dispute between Insurer and Insured. When disputes occur, each party has a different opinion regarding which country's laws may be applied to resolve disputes between Insurance Companies and Policyholders (the proper law of the contract, the applicable law). When referring to the provisions contained in the marine insurance policy which is a contract of the parties, it should be settled under the legal system and the practice of law which is in force in the United Kingdom, because the choice of law is written in the contract. However, the problem arises again, whether the choice of law in the insurance contract can be applied, if the insurance company as a legal entity is established under Indonesian law and domiciled in Indonesia, as well as the policyholders who are Indonesian. On the basis of such matters, this paper intended to elaborate the principles of international civil law in Indonesia regarding the choice of law in the contract and is also associated with the personal status of the insurance company, the personal status of the policyholder who are Indonesian, as well as the consequences of the choice of law listed in marine hull and machinery insurance or cargo insurance and national laws which can be applied to marine insurance disputes occurring in Indonesia. Keywords: Marine Insurance, Choice of Law
Legal Sanction of Kesepekang in Balinese Customary System (In Perspective: Empiricism Theory of David Hume)
Get PDFLegal sanction of Kesepekang is a moral sanction that has been a habit in Balinese custom society and has been done from generation to generation, both the one in Bali and outside Balinese custom society. The implementation of Kesepekang sanction currently is considered by the intellectuals of Balinese custom society as a behavior that violates social values in society. In its development, legal sanction of Kesepekang has been politicized as a factor causing the occurrence of custom society disharmony, both the one in Bali and outside Bali. This society resistance has weakened the function of Balinese customary law sourced from one of Hinduism belief which is “believing the presence of karmaphala (result from behavior) law.” The issue occurring in Balinese custom society, especially the one in the Province of Lampung, is “whether the legal sanction of kesepekang is still relevant if it is applied in Balinese traditional system.” Based on the observation result, the term of Kesepekang is the attitude of “silence” that is done by the other members of customers who do not obey the customary regulations in their groups. Certain groups consider that the legal sanction of Kesepekang has violated human nature as social beings. To prove this argument, a study entitled: Legal Sanction of Kesepekang in Balinese Customary System–(In Perspective: Empiricism Theory of David Hume) is conducted. The result of the study can be concluded that the legal principles in Kesepekang sanction are the law of causation (causality), which each action certainly affects “when doing good, the result will be good – when doing bad, the result will be bad.” In the perspective of David Hume’s Empiricism theory, Kesepekang sanction is a sensory experience that occurs in custom society. Experience, according to David Hume, is the only source of knowledge, so the act of “silence” done by the member of custom as the effort in giving punishment to the member of customer who does not obey is a reality received by sense as an experience. Keywords: Kesepekang Legal Sanction, Empiricism Truth Theor
The Realization Of Social Justice For The Poor Citizens According To Legal Philosophy
Get PDFPancasila is an ideology of Indonesia. One of the precepts of Pancasila is the principle of Social Justice for All Indonesians implies that all Indonesian people have the same position before the law. But nowdays, there have been many cases of injustice against the poor citizens. Therefore this research journal is about the realization of social justice for the underprivileged people in the philosophy of law, especially based on the theory named Critical Legal Studies.Keywords: Critical Legal Studies; Injustice; Poor Citizen
Legal Protection for Consumer of the Unlicensed Vapor from Drug and Food Supervisory Agency
Get PDFThis research begins with the number of liquid vapor which spread in Indonesia that is not licensed by BPOM, and there is no clear law for liquid vapor, so there is no clarity from legal protection against liquid vapor consumers who are not licensed by BPOM. Therefore, in this research, the formulation of the problem is as follows: Is there legal protection against liquid vapor consumers who are not licensed by BPOM? The purpose of this research is to determine whether there is legal protection against liquid vapor consumers who are not licensed by BPOM. So this research can be useful for subsequent research that has the same theme and beneficial to researchers, liquid vapor consumers and also for the government. The research method used is the normative method. Normative research methods use the statute approach. The result of the research shows that there is a legal protection for liquid vapor consumer who is not licensed by BPOM, which is reviewed from the Law of the Republic of Indonesia Number 36 Year on concerning the health of Article 113 paragraph (1) and Article 114, Law of the Republic of Indonesia Number 8 Year 1999 on Consumer protection Article 8 paragraph (1) c and paragraph (1) i, Regulation of the Head of the Food and Drug Supervisory Agency of the Republic of Indonesia Number 4 Year 2017 on the Supervision of the Importation of Drugs into the Territory of Indonesia Article 4 paragraph (1). Keywords: Legal Protection, Consumer, Liquid-Vapo
The Dilemma of Indonesia Welfare State Challenge of Realizing Social Welfare in the Global Era
Get PDFGlobalization has placed Indonesia in a dilemma in creating the welfare of the people. Many legislations with liberal character are disallowed through the constitutional review by the constitutional court. The liberal character then becomes constraints for government to realize social welfare, thus harming the economic interest of people and contrary to the constitution (UUD 1945). Efforts to create welfare cannot be separated from state sovereignty in determining the economics welfare policy in the form of law. The State needs to adopt policies of recalibrating sovereignty to realize its objectives. Sovereignty is the essential requirement to be able to build pengayoman law character, ideology by Pancasila ideology and UUDNRI 1945. The legal substance of pengayoman law (protection and succor) will realize a balance between global interests and the interests of the nation. Pengayoman Law integrates the efficiency and freedom with fairness and welfare excellence. Also, the Pengayoman Law always opens the space to give a guarantee/partiality to the poor through social policies that are based on human dignity. Keywords: Welfare, Challenges, Globalization, Dilemm
Reformulation of the Government Compilation of Islamic Law: Strengthening the Concept of Gender-Sensitive Regulations in Indonesia
Get PDFThe main purpose of this study is to find out the weaknesses in the application of the Compilation of Islamic Law in Indonesia, especially some of the provisions in it that tends to be gender biased; so that innovative ideas can be found to strengthen even the re-formulation of gender-sensitive legislation but still based on Shariah values and customary law. It is normative law research that uses a normative legal case study in the form of legal behavior products, among others by examining the Compilation of Islamic Law especially in the level of its implementation. The subject of the study is the Islamic marriage law which is conceptualized as the norm or rule that applies in the society and becomes the reference of behavior for every Indonesian citizen who embraced Islam.Keywords: Reformulation, Government Compilation, Islamic Law, Strengthening, Concept, Gender Sensitive Regulation
Strengthening the Integrity of Local Leadership and its Relevance to Run Democratic Governance
Get PDFAbstractEven though many aspects that show the way to run a democratic government, but the most important aspect is related to the leadership of integrity. The leadership of integrity put the perspective of power in the orientation of partisanship on the people. Also, democratic governance at the local level can be run effectively and constructively if the leadership held with integrity. In another word, the leadership of integrity is a requirement to run a democratic government. Therefore, the integrity of local leadership should be encouraged. Strengthening the integrity of local leadership includes two main things, namely giving a great opportunity for people participation and is committed to a clean and accountable government. Our conception of the strengthening the local leadership integrity and relevance of a democratic government explains important aspects of leadership in maintaining the continuity of a government. For success or failure of a reign depends on how to reach a democratic government that can be reached and gets the highest appreciation from the community. Therefore, the purpose of the writing of this article is to explain the significance between the leadership of integrity with democratic governance and elaborating how to strengthen the integrity of the leadership in the efforts to reach a democratic government. Keywords: Leadership, Leadership Integrity, Democracy, Local Government, Democratic Governance
Law Enforcement to Copyright Infringement of Songs on the Internet Media
Get PDFInitially, the scope of Copyright protection only focuses on creative works that are manifested in real terms. The development and advancement of technology make the scope of Copyright protection experience an expansion not only in copyrighted works that are realized in a real form but also protect copyrighted works that are digitized on internet media. The problem discussed in this research is how law enforcement to Copyright infringement of songs on the internet media is? The method used in this research is normative legal research using the regulatory approach. The results of this research indicate that the development and advancement of technology can facilitate the dissemination of songs in MP3 format uploaded on internet media. To prevent the occurrence Copyright infringement of songs on the internet media, in Law Number 28 of 2014 has been stipulated strict criminal sanctions for anyone without permission who has violated the Copyright, especially the economic rights of the owner. Keywords: Copyright, Internet Media, Law Enforcemen