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PENGATURAN DESA DALAM PERSPEKTIF LAW AS AN ALLOCATIVE SYSTEM
Get PDFWriting this article aims to provide an assessment of the academic village setting contained in Law No. 6 of 2014 is based on a legal approach as the allocation system. Based on normative pendekaran, concluded that that the village setting in the Village Act 2014 has met the academic aspects referred Friedman approach to the law as a system of allocation. However, to achieve a prosperous village inhabitants, it is recommended 1) the general policy of the development of village autonomy as one more attempt to direct and optimize the implementation of rural development in a comprehensive, integrated, and coordinated in order to achieve the goals effectively and efficiently; 2) the development of village autonomy is directed at creating a mission closer to the people's welfare and development services for the community; and 3) development of village autonomy necessary synergy between the various sectors and levels of authority in governance, in particular districts as local work unit closest to the village. Keywords: Village, Decentralization, and Legal System Allocatio
EKSISTENSI OMBUDSMAN REPUBLIK INDONESIA
Get PDFRepublic of Indonesia is a rule of law under Article 1 (3) of the 1945 Constitution and should uphold respect for the rights of individuals and communities in implementing the country. The rights strengthened by the basic norms that become the main spirit of the people of Indonesia, Pancasila. Basic norms that the political objectives in developing the Indonesian nation and enact any bill. Thus the state agency that was created by a special law should work in line with the basic norms of the nation and work together to create prosperity. In 2003 the Ombudsman created by a special law has the duty and function to oversee public services effectively, efficiently, and in spite of the practice of (corruption, collusion, and nepotism). Ombudsman based its duties and functions that have the same vision as mandated in the fourth paragraph of the preamble of the Constitution of 1945. The Ombudsman is thus expected to make a good bureaucratic reform so that it can be a model and public services watchdog whose presence is really felt by the people of Indonesia. Keywords: Ombudsman of the Republic of Indonesi
PEMBIAYAAN MURABAHAH DALAM PERSPEKTIF FIQH ISLAM, HUKUM POSITIF DAN HUKUM SYARIAH
Get PDFMurabaha financing. Murabaha is an agreement of sale and purchase between the two parties, in which the buyer and seller agree on the sale price; which consists of purchase price plus purchase costs and profits for sellers. Another understanding of Murabaha is an agreement of sale and purchase by declaring the acquisition cost and the benefits agreed upon by the seller and buyer. Murabaha can be made in cash, or also pay in installments. Another understanding of Murabaha is a sale and purchase transactions, which is the bank received a number of advantages. In this case, the bank become a seller and customers into buyers. Keywords: Murabaha Financing, Positive Law and Sharia La
HARMONISASI PRINSIP-PRINSIP TRIPS AGREEMENT DALAM HAK KEKAYAAN INTELEKTUAL DENGAN KEPENTINGAN NASIONAL
Get PDFThe research aims to find a legal politics of harmonization the Intellectual Property Rights (IPR) of Indonesia with WTO/TRIPs agreement. Based on the juridical approach of secondary data, it was concluded that there is a harmonization between legal arrangements of IPR with the WTO/TRIPs agreement. The reason given by the government is because Indonesia has ratified the WTO/TRIPs agreement, and it is 'full complience' and 'non-reservation', and due to the insistence of developed countries of IPR owners against Indonesia and the needs of national IPRs. There is no courage to create legal politics of our own IPR, which is derived from the philosophy of Pancasila, 1945 Constitution and national interests. Fear of the threat of developed countries must be resisted and overcome by intelligence. Keywords: Trips Agreement, Intellectual Property Rights , National Interest
PERLINDUNGAN HUKUM BAGI KONSUMEN DALAM TRANSAKSI E-COMMERCE
Get PDFMengetahui dan memahami mengenai perlindungan hukum bagi konsumen dalam transaksi e-commerce adalah tujuan yang hendak dicapai. Berdasarkan pendekatan normatif, perlindungan hokum bagi konsumen dalam transaksi e-commerce dapat dilihat berdasarkan proses transaksinya, yaitu Proses transaksi menggunakan media on-line secara keseluruhan atau proses transaksinya saja yang menggunakan media on-line tapi pembayarannya dilakukan secara manual. Bentuk Perlindungan hukum bagi konsumen dalam transaksi e-commerce diatur dalam ketentuan Pasal 4 huruf b dan c UUPK dan Ps 2 serta Pasal 9 UUITE.Kata Kunci: perlindungan hukum, konsumen, e-commerc
TIGA LANDASAN KEBERLAKUAN PERATURAN DAERAH (Studi kasus Raperda Penyertaan Modal Pemerintah Kota Bandar Lampung Kepada Perusahaan Air Minum “Way Rilau” Kota Bandar Lampung)
Get PDFMenemukan dan menentukan landasan filosofis, sosiologis dan yuridis Peraturan Daerah (Perda) tentang penyertaan modal pemerintah Kota Bandar Lampung kepada PDAM Way Rilau merupapakan tujuan yang hendak dicapai. Berdasarkan pendekatan normatif (doctrinal research) disimpukan bahwa, landasan filosofis adalah bertumpu pada kehendak pembentukan pemerintahan negara yang menghendaki keterjaminan air bersih bagi masyarakat, adapun landasan sosiogisnya adalah adanya kehendak masyarkat agar pemda Kota Bandar Lampung bertanggungjawab terhadap ketersediaan air bersih dengan salah satu cara adanya penyertaan modal bagi PDAM, sedangkan landasan yuridis perda sebagaimana dimaksud angka 39 dan 40 lampiran I Undang-undang Nomor 12 Tahun 2011 tentang Pembentukan Peraturan Perundang-undangan meliputi Pasal 18 ayat (6) UUD Tahun 1945, Undang-undang Pemerintahan Daerah, Undang-undang organik yang menjadi dasar pembentukan daerah dan perusahaan daerah serta peraturan perundang-undangan yang memerintahkan secara langsung pembentukan perda tersebut. Kata kunci : Landasan fislosofis, sosilogis, yuridis dan peraturan daerah
OPTIMALISASI OTONOMI KHUSUS PAPUA DALAM PENINGKATAN KESADARAN HUKUM MASYARAKAT GUNA MEREDAM KONFLIK DAN KEKERASAN
Get PDFSpecial autonomy has been given to the people of Papua was not automatically change the demand to break away from the Unitary Republic of Indonesia. Even conflict and violence are still common, not much the case in the period before the special autonomy granted. Legal awareness that should have been animating soul Indonesian citizens, to the condition of Papua away than they should. Disputes, inter-tribal warfare, even against migrants have often heard. The tribes in Papua does have a unique custom that sees itself as the center of the universe, the best of all. Papua leadership so very, very difficult to put together. Even if the idea is basically the idea Papuanisation fruit Dutch education is taught to the people of Papua to foster its own distinct sense of nationalism with the nation of Indonesia. The result appears separatist movements such as the Free Papua Organization (OPM) and the West Papua National Committee (KNPB). To avoid the disintegration of the nation, the central government issued Law No. 21 of 2001 on Special Autonomy for Papua. That is, the people of Papua entitled to set its own country with the regulations stipulated by law. This legislation is expected to become a sedative from the turmoil in Papua. Although it remains to be an evaluation and improvements here and there. Such as optimizing the alignment of the central government towards the implementation of special autonomy, optimizing the role of the Papuan People's Assembly, and optimization of special autonomy fund supervision. So that the common goal of creating prosperity, welfare and peace of Indonesian citizens in Papua indigenous ancestral lands can be realized. Keywords: Special Autonomy, Law Awareness, Conflict and Violenc
PERSPEKTIF LAW AS AN ALLOCATIVE SYSTEM UNDANG-UNDANG OTORITAS JASA KEUANGAN
Get PDFBased on Friedman's point of view, search for secondary data in this research aims to provide an academic evaluation (assessment), the law as an allocative system against Law on Financial Services Authority. By using a normative approach, it can be concluded that the Law on Financial Services Authority academically has fulfilled the legal criteria for allocative system as intended by Friedman. Establishment of the Financial Services Authority (FSA) is intended as an independent agency that oversees the financial services sector of Indonesia, to strengthen accountability, transparency, and credibility of Bank Indonesia without diminishing the independence of state institutions, and policy making by the central bank will not be affected by the FSA, since the FSA served to increase oversight of financial institutions for the better. Keywords: law, allocative system and financial services authority
EVALUASI PEMILU SERENTAK TAHUN 2014 DI PROVINSI LAMPUNG
Get PDFThis research aims to find a model of electoral implementation simultaneously in Indonesia, through the elections of regional heads of Lampung province as a form of legislative elections, and the election of regional heads were held simultaneously on April 9, 2014. This research uses case approach and statute approach. The research found that there were drawbacks on the election of regional heads in Lampung province, one of them was the postponement of the election. Keywords: Election Evaluation of 2014, and Lampung Provinc
PROBLEMATIKA PENERAPAN PRINSIP SUSTAINABLE DEVELOPMENT DALAM PENGELOLAAN LINGKUNGAN HIDUP DAN IMPLIKASINYA TERHADAP PEMENUHAN HAM
Get PDFThe principle of sustainable development in environmental management is a principle that was born out of responses to the serious environmental damages and give bad effects for human survival, the more damaged of the environment, the higher the threat to humanity itself. Therefore, development is a process of fulfilling human needs that supported on the carrying capacity of the optimal environment. Thus, the higher carrying capacity of environment makes the better stability for human life, conversely the higher human needs in life should be supported by the data support of good environment, so that it can function as a life supporting system. In the implementation, the principle of sustainable development has experienced the complex problems in implementing the balance of human life needs and also the environment, as a result, the environmental damage becomes severe and seemed not able to overcome, people assume that natural resources is the material that should be exploited for fulfilling the human needs. Therefore, environmental management geared to optimize natural resources as a supplier of material needs. By paying attention to that concept, then, environment is seen as a mere object, in turn, the environment can not be saved. Where as the concept of sustainable development requires a balance between human needs and environmental capacity. Hence, the future generations also have the right to enjoy a good and healthy environment as part of their human rights in the future. If the present generation does not pay attention those things, then, the present generation can be said violating the human rights of future generations. Keywords: Problematic of Applying the Principle of Sustainable Development, Human Rights