FIAT JUSTISIA
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PEMBAGIAN KEWENANGAN PEMERINTAH PUSAT-PEMERINTAH DAERAH DALAM OTONOMI SELUAS-LUASNYA MENURUT UUD 1945
Get PDFThe concept of the relationship of authority between central and local governments within the unitary state of Indonesia in the context of the widest possible autonomy based on the Constitution of 1945. Whereas, the Republic of Indonesia as a state of law is based on constitutional system so that in every action of law concerning the concept of the relationship between central and local authorities should be established through legislation, whereas in juridical manner of authority is a right and legal authority of government. So, in the concept of the legal state (rechtstaat) all of government action that came from their authority should be based on legality principle. Therefore, the authority which is one form of power has legitimacy (validity), which will be the relationship that authority has a legitimate power. In the legislation related of the division of authority between central government and local government that regulated in Law Number 23 of 2014 on local government is clearly not reflect autonomy broad. Keywords:Authority, Local Government, Autonom
PERLINDUNGAN HUKUM TERHADAP KAUM DIFABEL KORBAN PEMERKOSAAN
Get PDFIn Indonesia arrangement on Human Rights has been included in the constitution, starting from Article 28A to 28J, even re-clarified in Article 29 of the Constitution of 1945. Viewing of the formulation of articles in the 1945 Constitution, suggests that there is injury history so deep against human rights enforcement in Indonesia before the reform, thus setting Human Rights was included as detailed in the constitution that should only set the rules subject. Associated with the handling of victims with disabilities before the law, into a constitutional basis that disabled people should be applied equally before the law, even if not physically perfect and different from normal people as usual. Protection against disabilities, actually are not discussed explicitly in the constitution, but the Legal Power is in our constitution has leads to there, so some sectorial laws need to be explain to specifically.Keywords: Legal Protection , Disability , Rap
DESENTRALISASI INDONESIA MEMUPUK DEMOKRASI DAN PENCIPTAAN TATA PEMERINTAHAN LOKAL
No full textLocal Governance Decentralization covers the distribution of authority from the center to the regions in the form of deconcentration of authority and delegation of authority. Translation of decentralization set out in Law No. 22 of 1999 which is then converted into Law No. 32 of 2004 and Law No. 25 of 1999 which is then converted into Law No. 33 of 2004 on Financial Balance between the Central Government and Local Government in terms of implementation, both the regulation has not been fully implemented. Keywords: Democracy, Decentralization, Local Governanc
PENGECUALIAN PERJANJIAN HAK KEKAYAAN INTELEKTUAL DALAM HUKUM PERSAINGAN USAHA
Get PDFLaw business competition in the country Indonesia know the exceptions to assert that a the rule of law expressed does not apply for those kind certain agents or behavior particular activity. Law competition business environment in general grant an exemption on the basis of agreement , for example agreement intellectual property rights (IPR). IPR is incentives and reason was given the right monopolizes and protection because IPR need resources and time in an effort to get it, based on article 50 alphabet b Law on Business Competition. An exemption based on article 50 alphabet b Law on Business Competition the elaborated competition supervisory commission by issuing commission rules business competition supervisory Law Number 2 of 2009 on Exceptions The Application of the Law Number 5 of 1999 on Prohibition of Monopoly and Unfair Business Competition of a Pertaining to Intellectual Property Rights Scope arrangement based on Commission Rules Business Competition Supervisory Number 2 of 2009 is: (1) the license agreement that is in scope patent, the right brand, copyright, the right industrial design, the right design the layout integrated circuit and the right trade. (2) Trademark and brand services. (3) the design layout integrated circuit. Keywords: Exeptions, Intellectal Property Rights, Business Competition La
INTERAKSI FUNGSI ORGAN PERSEROANTERBATAS DAN PERLINDUNGAN HUKUM PEMEGANG SAHAMMINORITAS
No full textCompany Limited as a legal entity, provide an important role in the organs of the company. The importance of this role because of his position as an independent legal subject who has rights and obligations itself apart from the rights and duties of private owners. Interaction organ function Limited Liability Company will be detrimental to the interests of the company as a legal entity and minority shareholders in particular, where each organ in its function does not put the interests of the company as well, but based on the proximity factor the majority shareholder in the General Meeting of Shareholders (AGM) the Board of Directors and Commissioners. Keywords Company Limited, Minorit
ANALISIS PERAN IDENTIFIKASI SIDIK JARI DALAM PENGUNGKAPAN PELAKUTINDAK PIDANA
No full textThe role of fingerprint identification in the disclosure of criminal divided into three stages, namely the initial stage of the investigation as evidence or clues to narrow prejudice and strengthen the confidence members of the police against suspected criminals. At this stage of the investigation as early very strong evidence to prove a person as a criminal suspect can be used against a suspect's alibi and make it as a suspect of a crime he did. At the stage of evidence in court as evidence to convince the expert testimony and be considered judges to provide a court ruling against the defendant. Keywords: Fingerprint, Crime Actors Disclosur
KEDUDUKAN DANA ALOKASI UMUM(DAU) DALAM HUBUNGAN ANTARA PUSAT DAN DAERAH BERDASARKAN ASAS OTONOMI
No full textAs a fiscal policy within the framework of regional autonomy, the allocation of DAU is an act that very important. It was meant to address financing capability gap between regions. The reason is because the DAU is the largest component of balance funds, namely the lack of 26% of the net domestic income in the state budget the amount of DAU scheme is not limiting, because it can only grow with the size of the authority delegated to the regions. DAU legal standing as a regional income in the financial relationship between the center and the regions based on the principle of autonomy is as a subsidy coming from the state revenue in the state budget that is allocated to local revenue in the budget based on fiscal decentralization. Keywords: General Allocation Fund, autonomy, regional autonom
ANALISIS PERJANJIAN KREDIT USAHA KECIL ANTARA BANK DAN PENGUSAHA
No full textCommon business activities carried out by the bank for investments under its management, including various types of loans, among others. Investments in the form of credit is the main activity of a bank, because most of the income comes from lending banks. Provision of credit facilities by banks will help entrepreneurs in developing and improving their business, which in turn is expected to boost national economic growth.Keywords: Credit Agreement, Small Busines
PERJANJIAN BELI SEWA SEBAGAI PERJANJIAN BAKU
No full textLegal status of the parties to the agreement to buy rental car as standard contracts, showing the rights and obligations that are not balanced between sellers and buyers lease rent. The obligation to lease buyers, more dominant than the rights that should be owned. This happened contrary to the rights and obligations for employers. Keywords: Buy Lease, Raw Agreement
PEMBANGUNAN PENEGAKAN HUKUM PIDANA YANG MENGEFEKTIFKAN KORPORASI SEBAGAI SUBJEK TINDAK PIDANA KORUPSI
Get PDFThe criminal law enforcement policy (PHP), currently associated, corporations as subject’s perpetrators of corruption (TPK) include PHP in the formulation stage, the application stage and the execution stage. PHP formulation stage (in abstracto) is based on Article 20 of Law on Corruption which should be a strong legal basis to hold corporations as subjects of TPK, TPK equivalent to the subject of TPK doers of civil servants and individuals. PHP application stage (in concreto) indicates that the corporation as the subject TPK doers very rarely applied / applied to account for the corporation as a principal TPK arguing that criminal sanctions can be imposed is limited; the difficulty of proving corporation fault; the difficulty of law enforcement officers discovered the theory / doctrine and legal basis of corporate errors. Development of PHP policy streamline corporation as the subject doers of TPK in the future related to the renewal of substance, structure and legal culture of corruption and streamline the corporation as a subject the perpetrator TPK. Renewal terms of substance related to the formulation of criminal crime, fault / criminal liability as well as criminal and punishment (strafsoort, strafmat and strafmodus / modaliteit); Renewal in terms of the legal structure of corruption related to the need for law enforcement agencies that further enhance the insight to streamline the corporation as a subject TPK; the need to retain the presence of the Corruption Eradication Commission (KPK); corporate case handling is done by a special team; maximizing the expert testimony; maintain the Police Commission, the Prosecutorial Commission and the Judicial Commission of the role to supervise the conduct of law enforcement. Renewal in terms of legal culture of corruption, which need to be considered more attention to the educational curriculum of character education (mental reform); understanding to the public that corporations as well as TPK subject that needs to be optimized in PHP; anticipation of an attempt to thwart PHP with the corporation as TPK subject to foul play; the issue of jurisdiction, both to those who do and those who receive bribes / gratuities, because they both do TPK. Keywords: Development, The criminal law enforcement Policies, Corporations, Subject’s Perpetrators of Corruption