The 2nd Proceeding “Indonesia Clean of Corruption in 2020"
"Comparative Law System of Procurement of Goods and Services around Countries in Asia, Australia and Europe”
Indonesia’s KPK and NSW’s ICAC: comparisons and contrasts
Indonesia’s KPK and NSW’s ICAC: comparisons and contrasts
Copyright (c) 2017 The 2nd Proceeding “Indonesia Clean of Corruption in 2020"
The 2nd Proceeding “Indonesia Clean of Corruption in 2020"
Can IndonesIa Free ItselF From CorruPtIon In 2020?
An Act to establish the Anti-Corruption Agency, to vest powers on officers of the Agency and to make provisions connected therewith.
An Act to establish the Anti-Corruption Agency, Â to vest powers on officers of the Agency and to make provisions connected therewith.
Strategy to Create Indonesia Free Corruption in 2020
A prosperous nation is a nation that has a system of transparency and leadership trustworthy, honest, and intelligent sermons. Four things that become the basic law of nationality and the embodiment of leadership strength of law are evident. Corruption became a thorn, state institution run lameness healthy. The law became a thorn plucker should be included affirmation indiscriminately; there is no collusion and nepotism against any citizen there. Indonesia will be developed by 2020 on condition free of corruption. This fact would have been possible if it has a clean leader, law walk uprightly and fair, community synergies with trust laws and leaders. Leaders from the President to the price level as like; “civil organizationâ€ be absolutely necessary for the law and society. Free of strategy from corruption in 2020 is not likely to happen if the three pillars of the leaders, law and society work together with the unanimous support towards Indonesia clean of corruption. Not just jargon, but the real work. Keywords: leadership, corruption, strategyÂ
Robust yet Fragile: Efforts in Combating Corruption in Indonesia
LEGAL STATUS OF AKTOR’S FOR CORRUPTION (In the Perspective of Islamic Law)
Corruption is a universal problem faced by all countries and a thorny problem that is difficult to eradicate, it is not because the problem of corruption is not only related to economic issues alone but also related to political problems, the power, and law enforcement. In Indonesia "virus" attacking corruption continues to spread in all joints of social life. Even the latest trend of corruption is no longer carried out individually by the timid and furtive but in congregation, and is regarded as a 'reasonableness'. Corruption has been entrenched in the culture of which he is religious, so that the level of corruption in Indonesia has included systemic corruption. Problems and challenges must be overcome, in particular the Islamic community who are the majority of Indonesian citizens. Ironically, the country that is predominantly Muslim and uphold the spiritual values have been ranked first as the most corrupt country in Asia and the slowest country out of the crisis than its neighbors; The tragic reality of the issue, a moral burden and responsibility that is not light. With corrupt person could collect the money in large enough quantities in a relatively short period of time. The culprit is not only high-level officials but also officials menggurita levels down even to the "top" of the people. This is illustrated by his grounded term drinking money, gas money, lubricants, administrative costs, and many other terms that actually belong to the illegal fees. In the context of the broader Islamic teachings, corruption is an act that is contrary to the principle of justice (al-`adalah), accountability (al-trust), and responsibility. Corruption with all its negative impacts that cause various distortions on the life of state and society. Is a naive if ironic fact above inflicted upon Islam as a religion professed by the majority of the population. What needs to be scrutinized here is our religious orientation that emphasizes piety-formal ritual to ignore piety and moral-social individual. Religious models like this are difficult to prevent followers from bad behaviors (corruption). This study aims to contribute ideas related to the concept of corruption and the legal status for the perpetrators of acts of corruption in the perspective of Islamic law, so that at 38 “Comparative Law System of Procurement of Goods and Services around Countries in Asia, Australia and Europeâ€ least the subject of reflection and a warning that corruption is a sin / damned, because the resulting adverse impacts for a community and a nation very big and serious.
The Role of Law in the Poverty Reduction Strategy
Poverty reduction strategy must be executed properly in order to run development are able to accelerate the implementation of poverty reduction programs. This study aims to analyze the legal role in poverty reduction strategy. This study uses the method of normative legal research done by researching library materials or secondary data alone. Laws are patterns of institutionalized social behavior, exist as a social empirical variables. The data collection is done with the documentary studies and observations in order to obtain primary data and secondary data. Analysis of data using qualitative analysis inductive logic thinking. The results showed that the law plays an important role as a foundation to set poverty reduction strategy. Implementation of legal products is still not entirely on target. The poverty rate still can not be reduced to the maximum. Poverty reduction strategies in the region must be completely in accordance with the level of needs and benchmarks that have been set by the central government. In theory the working of the law can be explained: 1) Component Structure Law, the implementation of poverty reduction has been coordinated. Secretariat of the Vice President established the National Team to Accelerate Poverty (TNP2K). At the level of government district or city, poverty alleviation legal structure led by deputy regent and cooperate with related government agencies are Bappeda and related local government offices including the Department of Education, Department of Health, Department of Public Works, Social Service Manpower and Transmigration, Department of Agriculture Plants food and Horticulture, Department of Cooperatives, SMEs and Industry, and other appropriate agencies of local government respectively. ; 2) Substance Components law, regulation on accelerated poverty reduction strategy already has a foundation of clear laws that have a strong foundation in planning strategies for the right target. But there is no regulation governing the sanction of the central government to local governments that do not run the regional poverty reduction strategy in accordance with the provisions of the central government; 3) the accuracy of regional poverty reduction target acceleration may be constrained by political factors. Regional winner of the election will get the infrastructure development that support economic growth. A poor area and is the target of poverty reduction can be marginalized because of the attitude that is more concerned with the acquisition of sound regional elections. Keywords : development strategy, poverty reduction, the role of law on economy
THE INDEPENDENCY OF THE INSTITUTION FOR THE PROTECTION AND THE ESTABLISHMENT OF HUMAN RIGHTS TOWARDS THE GLOBALIZATION ERA 2020
The process of globalization continues to roll and will enter the year 2020, not only the problem of economic life, but has been plagued in the globalization of politics, defense and security, science and technology, social, cultural, and legal. Globalization in politics can not be separated from the movement of human rights, transparency and democratization. Globalization in the movement of human rights, then Indonesia must incorporate human rights instruments internationally recognized by UN countries into the positive law of national accordance with Indonesian culture by strengthening the institutions of protection and the enforcement of human rights, institution of study, and the wider community to play a role in promote and protect human rights on the lives of the peoples of Indonesia. Quite whether or not the recognition and the protection of the rights of citizens does not necessarily only by ratifying and many articles regulating rights of citizens, but the constitution still must be written with clear and complete for the human rights of citizens, the most important thing then is the political will and consistency run those chapters in the behavior of national and state level, and this can not be released necessity of institutions that maintain, run and oversee the realization of the recognition, protection and enforcement of human rights. Keywords: Institutional Independence, Protection and Enforcement of Human Rights, Globalization Era.
THE URGENCY OF ANTI CORRUPTION EDUCATION FOR COLLEGES IN INDONESIA
Based on Transparency International’s Corruption Perception Index (CPI) in 2015, Indonesia placed in 88 rank from 107 previously. Even though this position is a two point improvement compare to Indonesia’s position in 2014, this situation still proves that the number of corruption in Indonesia is still higher than its neighboring country such as Singapore, Malaysia and Thailand. If this condition is neglected, sooner or later, this will give every bad impact for Indonesia especially in economic sector where the investor and business people will doubt our country’s ability to create a bureaucracy. Corruption is an extraordinary crime and therefore, an extraordinary effort is needed to combat it. Indonesian Government have tried very hard to fight corruption through various way, whether it is trough restricting the law or education. This is a form of tenacity and effort of the government to suppress corruption crime. This study is meant to discuss the urgency of corruption education for colleges in Indonesia. This study is a legal study with statute and conceptual approach. The result shows that the urgency of corruption education for colleges in Indonesia is a form of effort of fortifying the young generation especially collegians as character builders, empower of character, character creators, agent of change, as well as the future leaders are hoped to be able to avoid themselves from doing any crime of corruption. This is a form of effort to eradicate corruption through preventive action. The long term purpose of the action is to grow anticorruption culture among collegians and encourage them to actively take action in the eradication of corruption in Indonesia. Keywords: Anti-Corruption education for colleges.
THE PROBLEMS OF DIVORCE IN CUMULATION AT THE RELIGIOUS COURTS BASED ON THE PRINCIPLES OF SIMPLE, FAST AND LOW COST
Religious Courts is a special Court and its specialization lies on the principles of Islamic personality. One of its absolute authorities is on the marriage, which also includes divorce cases. Divorce cases in the Religious Courts can be combined with the child custody matter, children living cost, wife living cost, and joint property, with the aim to establish the principles of simple, fast, and low cost. But in reality, it cannot be fulfilled because it would hold up the divorce process itself, which at the beginning the parties have no objection to divorce, but then become objected to the unification, such as joint property lawsuit. Thus on those kinds of cases, a legal efforts will be conduct altogether with the divorce process that included the main claim, and it took years on the process. The theory of justice based on expediency based on Mill’s opinion and a theory of the Islamic law is to bring the benefits and avoid madharat (damage). The divorce cases that being cumulated turned out bring more madharat. Stages of the trial, like mediation, can be the anticipation of the extended process. An agreement made by the parties will results in a divorce case that is simple, fast, and low cost, without any legal efforts made by the party which feel any disadvantages due to the decision given by the Judges. Keywords: cumulation divorce, religious court, mediation.
DISPARITIES DECISION RELATED TO INTERPRETATION OF ARTICLE 2 AND 3 CORRUPTION ERADICATION ACT
The discovery of the law by the judge in the court judgment is important. However, if these findings are based on a mistaken interpretation of the law, then such a step can not be regarded as legal discovery and it will have implications for the emergence of public disappointment. The results of analysis of 13 court verdict shows disparities legal interpretation both horizontally and vertically on Articles 2 and 3 of Law on Corruption Eradication. Among the legal interpretation of the most prominent of which are used judges is an interpretation of a restrictive, so that the element of "everyone" in Article 2 is interpreted as people who are not civil servants or state officials, while the element "any person" in Article 3 is interpreted as civil servants or state officials , The interpretation does not make sense because the resulting civil servants or state officials can not be charged under Article 2 (tort) and can only be charged under Section 3 (abuse of authority). Article 3 The minimum penalty is much lighter than a minimum sentence of Article 2, so that decisions are based on a restrictive interpretation of the implications for the injustice and legal uncertainty. In addition, in a systematic interpretation haldemikian contrary to criminal law umbrella because according to Article 52 of the Criminal Code, a threat to a crime in office plus one third. Keywords: discovery of law, corruption, abuse of authority.
DIVERSITY ADULT AGE LIMITS POSITIVE LAW IN INDONESIA (Studies in Multidisciplinary Perspective)
Maturity has always been a responsibility of the size of a deed. Since only an adult is considered perfectly justifiable actions, but in some fields of science in practice there are differences in maturity parameters. This we can see from some of the provisions of the law which provides qualifications on works which in principle can only be done by those who have grown up. This type of research is a normative legal research includes studies of the principles of law or legal doctrine, technique of data collection is done with the study of literature in the form of documents or activities to collect and inspect, examine documents this be required. Research answering the problem formulation: why adults boundary conditions according positive law specified 21 years but from a wide range of existing regulations show the differences between one another. And what about the legal issues arising from the diversity of the legal adult age. the results of this study show that the legal system in Indonesia in general, there is disparity in the adult limit. Among the provisions is one to the other there is a correlation when the scope it governs have a point of tangency and the close linkage relationship. Supposedly every law that each other can be complementary and mutually close any vacancy that exists, but is actually giving each overlapping rules on the same subject, it is this which creates inconsistencies in the law enforcement and implementation of laws in the field , The need for re-assessment and research on determining the legal adult age by using an approach through a variety of disciplines in order to get the limited ability that is relevant to all disciplines; Keywords: age limits, legal competence, maturity
THE APPLICATION OF BALANCE IDEA IN SETTLEMENT OF DOCTOR MALPRACTICE CASE THROUGH PENAL MEDIATION
The current criminal acts of malpractice in the criminal justice system in Indonesia in its enforcement ignores the rights of victims of the crime in the criminal case handling process and the effect to be borne by the victims of the crime because of the legal protection for the victims of the crime does not receive adequate recognition. Based on this understanding the author made two formulations of the problem. First, how is the fulfillment of the rights of victims of doctor malpractice in the criminal justice system in Indonesia? Second, how is the implementation of balance idea in settling disputes of doctor malpractice through penal mediation? This research used normative juridical method. It can be concluded that first, the criminal justice system in Indonesia ignores the rights of victims of doctor malpractice and prioritize more on how to penalize the perpetrators of the malpractice. Second, the principle of balance idea in crime can be applied in resolving malpractice criminal cases through penal mediation where a doctor can be released from criminal penalties, subject to treat and recover the victims. Through the penal mediation the victims’ protection and fulfillment of their rights are preferred and the responsibilities to treat the victims are burdened the doctors. Keywords: Malpractice, penal mediation.
MODERNIZATION LAW AS A CRIME CORRUPTION VERY EXCEPTIONAL THROUGH ENFORCEMENT OF ETHICS
In this era of modernization of every country are not directly have the same definition that corruption as a form of crime that is extraordinary (Extra-ordinary crime). Similarity orupsi definition of the offenses is one of them motivated by implication posed a systemic nature and sustainability on corruption. However, in practice many countries in the world use the shortcut in conducting countermeasures against corruption which one of them through the efforts of law enforcement or form. Whereas in the practical level, the form of law enforcement in resolving corruption are often not cut the chain of corruption developments actually make corruption is getting stronger. As an alternative enforcement etikan is a right step in which the main principles of ethics enforcement is prevention so that the chain will not be endemic corruption. As a form of penagakan ethical justification for decent doiterapkan given the tendency of ethics violation is a violation of the law, so that through the enforcement of ethical corruption will be lost in such a manner. Â Keywords: Law Enforcement, Corruption And Ethics
CORRUPTION POTENCIES IN LAND USE POLICY (A Case Study in Kuningan Regency)
The occurrence of land use at a policy area in the field of land use causes some law problems. It relates to the licensing mechanism that has not been optimal yet. As the result of the policy is that society suffers loss due to inconsistent policy. The problems of this research are how the implementation of a policy in the field of land use is, what factors are causing the policy that led to the change of land use, and whether or not a policy that harms society can be classified in to a corruption act. This research is normative legal research and the approach used is qualitative.The potency of corruption can occur when there are the growth and development actions especially relating to the economy that has been running fast, and cause various changes. Local government’s policy in the field of land use by giving loose and ease in licensing is an activity which potentially causes corruption. Keywords : policy, land use, corruption potency
This paper entitled corruption prevention and controls that aims to examine the factors causing corruption; control and prevention strategy of corruption. The study was conducted by a normative approach and the concept of law through the analysis of legal interpretation. The results showed that there were four aspects of the factors causing corruption in Indonesia, namely: 1) individual behavior aspect, 2) organization, 3) society aspect and 4) legislation aspect. The strategy of corruption prevention and controls can be done through: 1) the preventive action that is to prevent corruption by eliminating or minimizing the causative factors / opportunities of corruption; 2) the detective action that is instrument to support the prevention of corruption through internal supervision by the relevant government agencies and external supervision through CPC, DPR/DPRD, NGOs and communities; 3) the repressive action by means of curbing or processing those committed corruption in accordance with the legislation without exception or it is done indiscriminately. Keywords: Control, Prevention, Corruption.
Islamic Law Values Transformation in the Reconstruction of the Legality Principle of Indonesian Criminal Code
Criminal code of Indonesia is still using Dutch colonoal era with background values of individualistic and liberalistic, so it is not in accordance with the conditions—in which we had already been recognized as an independent nation. Therefore it is necessary to make reconstruction penal code with tranformation of the values of Islamic law, because the sociological, political and philosophical position of Islamic law occupies an important position as a source of law. Policy transformation is done by formulating the universal values of Islamic law into the process of formulation of the principle of legality in criminal code of Indonesia, because the principle of legality in criminal code currently recognizes only source legal written (Act) as a legal basis to convict, and does not recognize the law source who live in the community (common law) as the legal basis to convict. As a result, enforcement of criminal law in Indonesia unfairly perceived by the public as many deeds by people regarded as disgraceful act but the offender can not subjected of criminal sanctions because of his actions not constitute a crime under the Criminal Code. Keywords: Islamic law, legality principles, Criminal Code
JUSTICE AND CHARITY IN JAKARTA’S NORTH COAST RECLAMATION PROCESS THAT WILL LEAD TO INDONESIA CLEAN OF CORRUPTION
The success of implementing development is one factor to assess the progress of a nation. Development as a process of change that is planned to cover all aspects of community life. Reclamation north coast of Jakarta is one form of development implementation. First aim of this study is to determine the factors that cause bribery in the reclamation of the northern coast of Jakarta. The second aim, to find out how the concept of justice and charity in the upcoming reclamation able to realize Indonesia clean of corruption. The method used the normative juridical approach (doctrinal approach). Reclamation north coast of Jakarta cause legal problems as their alleged bribery related to the discussion of the draft law and the Zoning Plan for Coastal Zone and the North Coast Jakarta revision of Regulation No. 8 of 1995 on the Implementation of Reclamation and Spatial Planning of North Coast Jakarta. Â A main characteristic in this case is the behavior of public officials who violate separation principle between personal interests and the interests of society, the separation of personal finance with the community. The first conclusion, the factors that led to the occurrence of cases of bribery in the reclamation of the northern coast of Jakarta is the failure of religious education and ethics; opportunities (opportunities). Second conclusion, the concept of justice and charity in reclamation to realize Indonesia clean of corruption, as there is the relevance of faith with charity. The term ihsan (charity) always linked with the terms of faith and Islam. Ihsan has meaning making good, smarten, do good. Ihsan is witnessing the implementation of worship on the basis of the presence (rububiyah) of divinity in the eyes of the heart. Divinity in the eyes of the heart. Ihsan higher than of justice, because justice is limited to providing rights to someone who has the right, while the charity gives the person more than the right Thus, justice is only releasing obligations, while ihsan (charity) exceed liabilities, so becomes better. Keywords Â : Fair ; Ihsan (Charity) ; Indonesia clean of corruption.The success of implementing development is one factor to assess the progress of a nation. Development as a process of change that is planned to cover all aspects of community life. Reclamation north coast of Jakarta is one form of development implementation. First aim of this study is to determine the factors that cause bribery in the reclamation of the northern coast of Jakarta. The second aim, to find out how the concept of justice and charity in the upcoming reclamation able to realize Indonesia clean of corruption. The method used the normative juridical approach (doctrinal approach). Reclamation north coast of Jakarta cause legal problems as their alleged bribery related to the discussion of the draft law and the Zoning Plan for Coastal Zone and the North Coast Jakarta revision of Regulation No. 8 of 1995 on the Implementation of Reclamation and Spatial Planning of North Coast Jakarta. Â A main characteristic in this case is the behavior of public officials who violate separation principle between personal interests and the interests of society, the separation of personal finance with the community. The first conclusion, the factors that led to the occurrence of cases of bribery in the reclamation of the northern coast of Jakarta is the failure of religious education and ethics; opportunities (opportunities). Second conclusion, the concept of justice and charity in reclamation to realize Indonesia clean of corruption, as there is the relevance of faith with charity. The term ihsan (charity) always linked with the terms of faith and Islam. Ihsan has meaning making good, smarten, do good. Ihsan is witnessing the implementation of worship on the basis of the presence (rububiyah) of divinity in the eyes of the heart. Divinity in the eyes of the heart. Ihsan higher than of justice, because justice is limited to providing rights to someone who has the right, while the charity gives the person more than the right Thus, justice is only releasing obligations, while ihsan (charity) exceed liabilities, so becomes better. Keywords Â : Fair ; Ihsan (Charity) ; Indonesia clean of corruption.The success of implementing development is one factor to assess the progress of a nation. Development as a process of change that is planned to cover all aspects of community life. Reclamation north coast of Jakarta is one form of development implementation. First aim of this study is to determine the factors that cause bribery in the reclamation of the northern coast of Jakarta. The second aim, to find out how the concept of justice and charity in the upcoming reclamation able to realize Indonesia clean of corruption. The method used the normative juridical approach (doctrinal approach). Reclamation north coast of Jakarta cause legal problems as their alleged bribery related to the discussion of the draft law and the Zoning Plan for Coastal Zone and the North Coast Jakarta revision of Regulation No. 8 of 1995 on the Implementation of Reclamation and Spatial Planning of North Coast Jakarta. Â A main characteristic in this case is the behavior of public officials who violate separation principle between personal interests and the interests of society, the separation of personal finance with the community. The first conclusion, the factors that led to the occurrence of cases of bribery in the reclamation of the northern coast of Jakarta is the failure of religious education and ethics; opportunities (opportunities). Second conclusion, the concept of justice and charity in reclamation to realize Indonesia clean of corruption, as there is the relevance of faith with charity. The term ihsan (charity) always linked with the terms of faith and Islam. Ihsan has meaning making good, smarten, do good. Ihsan is witnessing the implementation of worship on the basis of the presence (rububiyah) of divinity in the eyes of the heart. Divinity in the eyes of the heart. Ihsan higher than of justice, because justice is limited to providing rights to someone who has the right, while the charity gives the person more than the right Thus, justice is only releasing obligations, while ihsan (charity) exceed liabilities, so becomes better. Keywords Â : Fair ; Ihsan (Charity) ; Indonesia clean of corruption.The success of implementing development is one factor to assess the progress of a nation. Development as a process of change that is planned to cover all aspects of community life. Reclamation north coast of Jakarta is one form of development implementation. First aim of this study is to determine the factors that cause bribery in the reclamation of the northern coast of Jakarta. The second aim, to find out how the concept of justice and charity in the upcoming reclamation able to realize Indonesia clean of corruption. The method used the normative juridical approach (doctrinal approach). Reclamation north coast of Jakarta cause legal problems as their alleged bribery related to the discussion of the draft law and the Zoning Plan for Coastal Zone and the North Coast Jakarta revision of Regulation No. 8 of 1995 on the Implementation of Reclamation and Spatial Planning of North Coast Jakarta. Â A main characteristic in this case is the behavior of public officials who violate separation principle between personal interests and the interests of society, the separation of personal finance with the community. The first conclusion, the factors that led to the occurrence of cases of bribery in the reclamation of the northern coast of Jakarta is the failure of religious education and ethics; opportunities (opportunities). Second conclusion, the concept of justice and charity in reclamation to realize Indonesia clean of corruption, as there is the relevance of faith with charity. The term ihsan (charity) always linked with the terms of faith and Islam. Ihsan has meaning making good, smarten, do good. Ihsan is witnessing the implementation of worship on the basis of the presence (rububiyah) of divinity in the eyes of the heart. Divinity in the eyes of the heart. Ihsan higher than of justice, because justice is limited to providing rights to someone who has the right, while the charity gives the person more than the right Thus, justice is only releasing obligations, while ihsan (charity) exceed liabilities, so becomes better. Keywords Â : Fair ; Ihsan (Charity) ; Indonesia clean of corruption.
CORRUPTION CRIMINAL SANCTIONS WITH VALUES OF JUSTICE-BASED
Corruption is one of society's disorientation and is in the same state as other types of crimes such as theft, which has existed since the human are living as society. The problem is that the corruption is increasing in line with prosperity and technological advancement. In fact, when a nation is advancing in its development, it encourages people to have more need so that they will engage in corruption. Based on these descriptions, in the preparation of this paper the authors will describe, how corruption criminal sanctions with values of justice? In this study, the author applies qualitative research methods, constructive approach, and also applies primary data and secondary data. The techniques of observation and in-depth interviews with key informants are applied for collecting primary data. Last, data analysis technique is applied to the primary data. Corruption prevention policies do not give deterrent effect to the corruptor. The investigation and prosecution policy in cases of corruption, supposedly having orientation for reimbursing the state and also aiming deterrent effect by providing severe criminal sanctions. No arrest for suspect of corruption (although the state has been paying losses) is reducing the deterrent effect or even not all. For the sake of justice, the judge should see Article 5 of Law No. 48 of 2009, it is clear that the reconstruction of criminal responsibility and accountability of the administration are related to the values of justice, the values of divinity and legal values that live in the community (the living law) so we need to develop justice characterized by Indonesia, which is “justice of Pancasilaâ€, which implies “justice of deity,â€ “fairness humane (humanistic)â€, “justice that is democratic, nationalistic, and social justiceâ€. This means, justice upheld is not just formal justice, but substantial justice. Keywords: corruption, criminal sanctions, the value of justice
THE REFLECTION OF ISLAMIC BANKING IN THEORY AND PRACTICE
This study aims to identify the struggle of Islamic Banking in theory and practice, analyzes the factors that affect the implementation of Islamic banking as well as the reformulation of Islamic banking in the future. This study used sociological juridical approach, and the data used were primary and secondary data, these data were then analyzed by using descriptive analytical. The results showed that Islamic banking has an important principles la riba, la misyir, la gharar, la Dzulm and la haram within the framework of basic fairness, balance and well-being, but in practice there are still aberrations on Islamic principles. Some factors affect the strength of the capitalist system are human resources and culture of capitalism in banking practices and lack of oversight and enforcement. Islamic banking solution in the foreseeable future need to be strengthen the Islamic banking system, Human Resources who are experts in sharia and revitalizing the Islamic principles of independent, separate from the frame ta'awun capitalist system, improve internal and external monitoring and enforce the principle of sharia (kafah) in whole, consistent (Istiqomah) and giving sanctions as tarbiyah. Keywords: Reflection, Islamic banking, theory and practice.
THE IMPLEMENTATION OF LOCAL WISDOM SIRI’NA PACCE AS AN EFFORT OF CORRUPTION ERADICATION IN INDONESIA
Corruption is one of development obstacle in developing countries include Indonesia. One of corruption factors is morality problem. To tackle this problem, the way can be used is implementation of siri’na pacce as a local wisdom. In this research, there are two issues namely first, how is the reality of corruption crime in Indonesia and second, how is the implementation of siri’na pacce as an effort to eradicate corruption in Indonesia. This is a normative research. Data is collected through literature research, analyzed qualitatively and depicted descriptively. Based on analysis, it can be concluded that corruption in Indonesia has been classified as an extra ordinary crime. One of the causes is number of state economical detriment because of corruption. Based on Corruption Eradication Commission data, number of state detriment because of corruption in 2014 is 5.9 Trillion Rupiahs. Corruption happen in executive, legislative and judicative sector. One of the ways used to eradicate corruption is implementation of local wisdom namely siri’na pacce. Siri’na pacce culture contains honest, social solidarity and obedience to regulation. The value of siri’na pacce must be implemented by people and government official. The purpose of siri’na pacce local wisdom implementation by people is to optimize social crime prevention in corruption eradication Key words :morality problem, corruption eradication, siri’na pacce
DISCOURSE POLITICAL LAW IN INDONESIA ON A COMPLETATION OF PLATO PHILOSOPHY
This paper is a literature review with a comparative approach, meaning that the philosophy of Plato to study the concept of policy and law in the state of Athens, Ancient Greece. Then the authors analyze the advantages of the concept of Plato's political philosophy as a critical review of the political reform laws in Indonesia. The results of the literature review showed that from a conceptual perspective, philosophical, ideological, political jurisdiction of law in Indonesia aimed at the welfare of a just and prosperous society, in peace and prosperity, both physically and mentally, it is listed in Pancasila and the 1945 Constitution (UUD 1945). Political concept of Indonesian law is very relefan with political philosophy pioneered by Plato. But the political implications of the law of Indonesia dominant sourced on codification. The history of law in Indonesia experienced political dynamics. It was caused by political energy which dominate the role of law, so many national degradation: corruption, human rights, the financial crisis, removing P4 (as practice guidelines Pancasila). Therefore, learn to Plato, the ancient Greek philosopher. According to Plato the role of natural philosophy, philosophy of nature is very important to establish a governance structure. Relating this, the authors offer a return policy should apply P4, based on customary law and the need to establish a new state institutions, namely State Agency Professor (LTNP). LTNP of authority is a board of experts who contributed to the state policy. LTNP as a level to state institutions RI: executive; legislative and judicial).. Keywords: Political Law, Philosophy of Plato, Indonesia
Study of Indonesia's participation in ICSID
Indonesia has ratified the International Convention Centre For Settlemen Of Investment Disputes (ICSID) with the enactment of Law No. 5 of 1968 concerning settlement of disputes between Countries with foreign Citizen on Investment on June 29, 1968. The purpose of the ratification of the ICSID Convention is to encourage and foster foreign investment in Indonesia as well as provide legal certainty to the settlement of disputes between governments and foreign investors. Until now there are some cases in which the Indonesian government in dispute with foreign investors includeAmco, Kaltim Prima Coal. (KPC), Asia Camex Holding and Churchill Mining Plc. After decades of economic growth in Indonesia into the top 5 of the world economy as well as the Law No. 30 of 1999 on Arbitration, becomes interesting when reviewing and analyzing the participation of Indonesia in the ICSID, so attractive when assessing why Indonesia participated in the ICSID Convention? How profits were and damages Indonesia joined the ICSID? And how the government should adopt the attitude of Indonesia as a member of the ICSID fore? The method used is a normative juridical by studying the principles of the law derived from the materials library. Specifications research is descriptive analytical. The data used are secondary data consists of primary legal materials, secondary law and tertiary legal materials. The data was then analyzed qualitatively and the results outlined in report form. Keywords: Analysis, Indonesia, ICSID.
NOTARY ROLE IN THE IMPLEMENTATION OF EXECUTION PROCUREMENT OF GOODS AND SERVICES ARE FREE OF CORRUPTION BASED ON THE PRINCIPLE OF GOOD GOVERNANCE
Indonesian is one country in the world that are struggling and crave the creation of good governance. However, the current situation shows that it is still very far from expectations. Political interests, corruption, unfair judicial, work outside the authority, and the lack of integrity and transparency are some of the issues that make a good government still can’t be reached. To achieve good governance in governance in Indonesia, the principles of good governance should be enforced in a variety of key government institutions. Rules and regulations covering government procurement of goods and services are relatively very dynamic and responsive to the growing variety of circumstances. One form of action that may result in unfair competition is a conspiracy in the tender, which is one of the activities prohibited by Law No. 5 Year 1999. The tender conspiracy (or collusive tendering) occurs when businesses, which should compete closed, conspired to raise prices or lower the quality of the goods or services for buyers who wish to acquire products or services through a procurement process. Notary deed as the participants in the tender can also be used as a subject in the tender conspiracy. With implement the principles of good governance, the three pillars, namely governments, corporations, and civil society should look after each other, support each other and actively participate in governance is being done Keywords: Notary, Non Corruption, Good Governance.
ANALYSIS WIRETAPPING AUTHORITY UPPER KPK LAW ENFORCEMENT IN THE PERSPECTIVE OF HUMAN RIGHTS
Corruption still thrives in the country, if we listen to the news certainly no news about corruption in the bureaucracy in this country, reporting on corruption makes sad because it turns out the culprit educated and have a certain position in the structure of government, but so far the efforts of law enforcement do KPK to catch the perpetrators of corruption have yielded results, there are some major corruption cases were successfully handled by the KPK, the key to the success of the Commission in uncovering cases of corruption is the result of tapping , by tapping the Commission can uncover cases of corruption in the country. The Act authorizes the Commission to conduct wiretaps, as stipulated in article 12 paragraph (1) of Law No. 30 of 2002 on the Corruption Eradication Commission, through the authority of KPK tapping it makes corruption can be prosecuted Legally. However, on one hand, tapping Authority, has given the assumption that the wiretapping conducted by the Commission can be considered to violate human rights that violates a person's privacy. This study wants to answer: Does the wiretapping conducted by the Commission can be regarded as a violation of human rights? Does the eavesdropping law enforcement can be implemented by the Commission? Purpose of this study was to determine whether the wiretapping can be categorized can violate human rights, and Do by tapping enforcement efforts could implement by the Commission. The method used in this research is descriptive qualitative. This study concluded that the Authority Tapping the Commission do not constitute a violation of human rights, as is the procedure to conduct wiretaps are in accordance with the legal instruments in force, and besides tapping is done to satisfy the justice of the people who suffer as a result of behaviors corruption, by tapping also KPK can dismantle the big cases, so every year since the Commission established, there are cases of corruption revealed by the Commission, it is thus the rule of law for the perpetrators of corruption can be implemented. Keywords:Wiretapping Authority Commission, Law Enforcement, Human Rights
SOCIAL WORKING PENALTY AS SOLUTION IN ERADICATING CORRUPTION IN INDONESIA
Corruption in Indonesia had caused big destruction for existence of a state. Not only cause state finance detriment but also corruption has taken social and economical right of people in common. This kind of crime is very difficult to be eradicated because sometimes it is done systematically and involve authorized people. We can feel how big and extraordinary of corruption impact. It is worthy if corruption is categorized as extraordinary crime that must be eradicated extraordinarily in which one of those is by social working. Problem identification of this problem are 1) how is social working model for corruptor? and 2) how social work penalty as a way in eradicating corruption in Indonesia? Method of approach used in this research is juridical normative approach with secondary data as its source. Based on analysis, it can be concluded that it is necessary to implement heavy punishment for corruptor by social working because it can create a deterrence effect. Social working penalty also can be a solution is corruption eradication in Indonesia. Social working penalty is do a good deed to people and create social working. Key words : social working penalty, eradication, corruption
LEGAL POLITICS OF EMPLOYMENT IN TERM OF PART OF TASK HANDOVER TO OTHER COMPANIES IN INDONESIA
The handover of part task to other companies is currently being practiced by the company in the context to efficiency and effectiveness. In the midst of the controversy of the practice in handover of part task to other companies, the government still does not remove the regulations that have been issued. Based on observation, the regulation of the handover of part task to another company has been very dinamic in five years last. The movement of this regulation is more directed at efforts to improve its implementation, especially for legal protection. These conditions are very different compared to previous years that seemed untouched. This paper discusses the legal politics of the labor, which focuses on the field of study of the handover of parttask to other companies in Indonesia. Keywords: task, company, handover, legal politics.
RESOLUTION OF DISPUTES OF OUTSOURCING WORK FORCE IN THE COMPANY EMPLOYING OUTSOURCING SERVICE
Generally, the development of the stage of world’s implementation of outsourcing in globalization era increases significantly. In the field of work force, outsourcing is constitutes as the use of work force to produce or execute the work by a company, through a work force supplying company. In the implementation of outsourcing, the potential of disputes may arise, in some sort of violation of company rules by some workers or the emerging disputes between the outsourcing worker with another worker, disputes over the wage, social security of the worker, different requirements of the worker. Issues of interests between Outsourcing and the supplying company sometimes bring many problems in industrial relationship, complex of industrial relationships frequently bring disputes between outsourcing as labors and the supplying company. It can be said that the disputes of industrial relationship will always occur among labors and the employer. Therefore, outsourcing mostly is intentionally implemented to press the labor cost with law protected and the working requirements which are given under the standard given so that it harms the worker/labor. Referring to article 66 verse (2) letter c of the Act No 13 Year 2003 on Labor, the resolution of disputes that emerge becomes the responsibility of the company supplying the labors. The dispute of the parties mostly occur when one the parties has other party to do or not to do something, yet the other party refuse to obey it. So it happens in industrial relationship, only the scale of the scope is around the interest of the worker/labor, employer, and the government, therefore these three subject of law is the pillar to support the success of the implementation of law of labor including for the success of the resolution of disputes on industrial relationship. Keywords: Outsourcing worker, Company employs outsourcing service, industrial relationship disputes
THE APPLICATION OF CORRUPTION LAW TOWARD CRIMINAL ACT IN THE FIELD OF FORESTRY
In the practice occurduringthe handling corruption cases, it can be seen that the public prosecutor often encountered in the letter of indictment often use the Act 31 of 1999 jo Law No. 20 of 2001 to the other criminal offenses as criminal acts in the forestry, Law No. 20 of 2001 on Amendments to the Law No. 31 of 1999 on Corruption Eradication. In Article 14 explicitly states that the provision that: "Any personwho violates the provisions of the legislation expressly declare that the violation of the provisionsof the law as corruption apply the provisions stipulated in this law". It Â means that such article of the Law on Corruption Eradication can be used to prosecute other crimes as criminal acts in the forestry, criminal acts in the banking, criminal acts in the taxation, and other crimes, as long as a criminal offense in the enactment laws related qualification as criminal offense corruption.
THE EFFORTS OF ERADICATION OF CORRUPTION THROUGH INSTRUMENTS OF MONEY LAUDERING LAW AND RETURN ACTORS’ ASSETS
In the period up to 2015 human rights crimes have evolved into the deprivation of economic rights and social property of the people through political corruption that spreads endemically. Despite the human rights was guaranteed in the 1945 amendments and various other legal devices yet our country has ratified many international conventions on human rights, but human rights violations in a variety of shades and variations remains widespread. This proves that guarantees of protection of human rights in writing still needs to be guarded by the implementation of all national components, especially public institutions such as the media, NGOs, organizations and universities. Refund of state financial in consequence of corruption is an effort to reform and build legal institutions to prevent and combat corruption in international, regional and national levels. Asset recovery efforts must be made by the Indonesian government, because: regarding to the data losses to the state, Indonesia is considered as the country victims of corruption; The corrupted funds are funds that should be devoted in order to improve the prosperity and welfare; Funds taken by the corruptors must be returned as one of the sources of funding in the creation of public welfare; an effort of refund as a preventative measure to potential offenders. Keywords: Corruption, Money Laundering, Asset Refund.
AFFIRM ROLE OF EXISTENCE RECHTSVERWERKING TO ACHIEVING LEGAL CERTAINTY IN LAND REGISTRATION
The purpose of this research was to exemine the principle of rechtsverwerking Â were formulated in the national land law, primarily Â on the Government Regulation concerning land registration and it aplication on the Court’s desicition.Rechtsvewerking is a principle in adat law which states that owner ofa parcel of land that leaves his land abandoned in certain period of time and lets otherpeople to occupy andtake advantage will cause the original owner to lose his right ofthe land, is established to overcome the weakness of the land registration system. Â This study uses normative legal research methods, with Â statute approach, and consepual approach. Legal materials were analyzed by syllogism of induction, deduction and interpretation. Â The results showthe principle of rechtsverwerkingis embodied in the regulation of land registraion called GR No. 24 of 1997. The Regulation provide that the issuance of a certificate for an applicant who has mastered the ground in a certain period of time has been acquired in good faith and registered in his name, then others who feel have an interest, then by law only given the opportunity during the time period of five years.However in law enforcement inside the court this principle tends to be deserted therefore creates an certainty in law and unfairness to people who have occupied a land in a longperiod oftime.
ANTI-CORRUPTION EDUCATION AT AN EARLY AGE AS A STRATEGIC MOVE TO PREVENT CORRUPTION IN INDONESIA
Corruption has become an extra ordinary crime, which is why many studies that discuss about corruption. Although many studies of corruption are able to find out the causes of corruption, by knowing the causes or factors of corruption is able to reduce corruption. In addition to the many studies of corruption, has also been a lot of coverage in both print and electronic media that presents news of the suspects or defendants involved in corruption cases, it is intended to give a lesson to the general public, as well as provide a deterrent effect so ashamed of corruption that has been done , but corruption is still frequently encountered. It is in fact considered normal by society. Further unrest arises how it affects young people who will be the successor to the ideals of the nation, that almost every time served reporting corruption is everywhere. Here the next question how so that the younger generation is not affected by the disease of corruption, should the anti-corruption legal education at an early age entered in learning in schools. Given the starting gate education acquired knowledge, insight and understanding for self-discovery. This paper will discuss the need for anticorruption education for children from an early age as a strategic move to prevent corruption in order to create a corruption-free Indonesia in 2020. From the results of research that has been done shows that the much needed anti-corruption education included in school subjects or courses at the college level are not only in the faculty of law. A proposal must be observed. Anti-corruption education materials could be inserted in the subjects of Pancasila, Citizenship, Mathematics, as well as career guidance, which includes the subject of honesty, discipline, and teach togetherness fighting spirit and simplicity. As all of which are meant to instill a sense of responsibility in a very important and settle obligations to completion. Combating corruption in developed countries are very intensively conducted are like in Singapore, which is implanted namely state hard ahead if the government does not free from corruption, prevention and repression of corruption through four things: effective anticorruption agency, effective acts, effective adjudication, and efficient administration , And all the pillars were motivated by the strong will pilitical against corription of government. As well as in Lithuania country. Key word : anti-corruption education, early age, prevention of corruption.
FREED INDONESIA’S CORRUPTION BETWEEN HOPE AND REALITY
Although the title of this article implies pessimism, but semantically title of this article is not intended to convey the message of pessimism in fighting corruptions.The title of this article actually more of reflective questions in social achievement to provide confirmation, that the eradication of corruption in Indonesia is very likely just be the "hope", but also very likely to be "true". In condition of Indonesia today, expectations and reality in eradication of corruption can be considered equally still be a tendency. At least there are a series of facts that can be used as an argumentation for an existence of two point that tendencies.
UTILIZATION OF INDONESIA MARINE RESOURCES IN AN EFFORT TO REALIZE INDONESIA TOWARDS THE SHAFT OF THE MARITIME WORLD
development Orientation that more attention to the mainland area needed to be changed in view of the sea is a source of livelihood in the future. Paradigm of development in the marine sector that holds tremendous natural wealth became a chore for the government to restore the glory of this nation as a maritime nation. Especially is to realize Indonesia to the shaft of the maritime world. Indonesian sea contains many diverse resources both renewable such as fisheries, coral reefs, mangrove forests, sea grass, and germplasm and others or resources that are not renewable, such as oil and gas, , mineral, and ocean energy such as waves, wind, and OTEC (Ocean Thermal Energy Conversion) is being developed today. The amount of the economic opportunities of the utilization of marine resources is so large it has been dully contributed greatly to the improvement of the nation's economy, also even it is fitting into the driving sector of the national economy is dominant. But in fact the fisheries and marine sector nationally is still not used optimally, it is shown from the data in plain view that coastal communities are communities closest to the coastal and marine resources is generally still classified as poor or categorized as a people with the welfare of the low , The formulation of his problem is how the utilization of Indonesia's marine wealth in an effort to realize the efforts of Indonesia towards the shaft of the maritime world? There are several factors that led to the use of the sea as a potential powerful nation was neglected among them are weak security, weak supervision, and weak coordination of the country. Actually, Indonesia has a Maritime Surveillance System (maritime surveillance systems) at a military institution whose domain is the sea. Our country needs to have a clear maritime policy and visionary as geopolitical concerns and basic policies on the management of marine resources. Policies concerning various breakthroughs to utilize marine resources in an optimal and sustainable competitive advantage as a nation. Keywords: Utilization of Ultra Marine, Maritime Shaft.
POTENTIAL CORRUPTION IN THE VALIDATION POLICIES ON ACQUISITION TAX OF LAND AND OR BUILDING
The Unitary Republic of Indonesia is a constitutional state based on Pancasila and the Constitution of the Republic of Indonesia in 1945 which aims to realize the livelihood of a nation that is safe, orderly, prosperous, and equitable. In the development of law in Indonesia underwent major changes, fast, and complex. The shift of power centralized to decentralized cause behavioral changes bureaucracy policies both at the central and regional changes from the old paradigm to the new paradigm, sometimes causing the rule of law drowned because of power, which can lead to policies that do not favor of the people. Each power always contains the potential for misuse or arbitrarily implemented, or implemented by exceeding authority. This can happen because of the power contains rights and authority, and the right and authority that makes a higher position.
THE EFFORT OF LAW ENFORCEMENT IN COMBATING CORRUPTION IN SOUTH SUMATERA
Crime is social phenomena that happen in every time and place, the increasing levels of crime occur due to lack of Â facilities and infrastructure to cope with the development or increased crime Â or that could hinder the development of crime, at the Â same age of the human being as the abundance of Â criminal news coverage about the corruption committed by State officials.. The Attorney is the only institution of the Government of the country has a duty and authority in the field of prosecution in law enforcement and justice in the general Â judicial environment. Â In carrying out its duties, the Public Prosecutor bestows the case to the Court for the examination in order to prove that a person is guilty or not for the criminal offence that indicted. The Public Prosecutor's authority as a law enforcement element in proving the criminal acts that have been committed by the defendant that is should be assign the evidence as a complete proof material Â that probably related to the inference where has been a criminal offence. Similarly, what the Prosecutor did against to the law, it cannot be denied that the law itself is not sterile, pure and clean from any kind of interpretation when it implemented. The Prosecutor's role Â in these conditions is urgently needed mainly Â in law enforcement corruption in Indonesia. Related to the issue of social assistance that occurred in South Sumatra Prosecutor's role is extremely urgent because The State’s loss which dates to achieve Rp. 2,38 Billion,1 That's why the researcher interested to discuss it in a study because of the state and local financial managements that caused state losses so Prosecutor as well as the state prosecutor's investigation should carry out its duties in corruption. The efforts to resolve the corruption based on Presidential Instruction No.10 of 2016 on the Prevention and Combating of Corruption Action 2016 and 2017 were published on 22 September 2016 contains 31 actions to be implemented by the Ministry / Agency and Local Government, in cooperation with the Corruption Eradication Commission (KPK) and the Presidential staff Office (KSP). There for the Politics, Law, Defense Deputy and Bappenas 'Security held a socialization about the substances such this Instruction There are three objectives of this Instruction: (i) to safeguard the government's priority programs; (Ii) to strengthen and focus the yearly action that has been implemented since 2011 to 2015, to ensure relevance and emphasis of action for achieving the outcome; and (iii) to improve the performance of the core business of the K / L which is in line with the President's priorities. The Action contained in the Instruction consists of 31 actions which also includes seven sectors. Â In this activity, will be sharpening relevant measure of success of the action undertaken, so that its activities can be more easily and detail during the implementation of monitoring and evaluation quarterly. Anti-Corruption Strategy indicators can be said to be successful if the public service runs transparently and effectively. Â With the legal issues about How the implementation of Attorney of the Republic of Indonesia policy in implementing the social grants corruption case investigation in South Sumatra? And What is the obstacles of law enforcement in the investigation by the Prosecutor of the social grants corruption case in South Sumatera? Specifically against the corruption case, the General Attorney has issued Circular Letter about the Control of Handling of Corruption Case (SE-001 / A / JA / 01/2010) which limits the authority between the General Attorney, High Attorney and the State Attorney in handling criminal case corruption based on the amount of state laws. The provision indicates the boundaries of authority between the General Attorney, the High Attorney and the State Attorney in handling corruption cases. It is not in accordance with the provisions of Law No. 16 of 2004 relating to the scope of the prosecutor's authority, where the Attorney General's jurisdiction covers the territory of the Republic of Indonesia, The High Attorney covers include the provinces and the State Attorney covers an area of the district / city. But the handling of corruption cases has not run effectively and efficiently because there are many inactive corruption cases handled by the Prosecutor during this time. Although there is Presidential Instruction No.10 of 2016 on the Prevention and Combating of Corruption Action 2016 and 2017 were published on 22 September 2016 but Â it felt that the efforts of law enforcement officers in combating corruption is still not in accordance with the Instruction. Moreover, there are still many people who feel that the Instruction will have no effect on the work of the Ministry / Agency / Commission itself in the prevention and repression of acts of corruption in Indonesia. Generally the obstacles that arise in solving the corruption includes three principal constraints, namely:1. The limited number of human resources at the Investigator, Attorney Investigator and Public Prosecutor.2.\The limited of financial resources / budget of the case handling in the activities of investigation, and prosecution. 3the limited of facilities / infrastructure that supports and promotes activities of investigation, and prosecution.
ETHICAL PERSPECTIVE AND THE MAPPING OF NORM IN CORRUPTION ACT
Corruptive behavior is a despicable act and unacceptable ethically by any nation, including the country Indonesia. As a very theological country (theological based), Indonesia also has a stand against all forms of corruption acts. Through Corruption Act in 1971, 1999 and 2001 following preventive countermeasures be a guideline or reference in law enforcement. This paper aims to examine from the perspective of ethical norms and map of corruption in Law norms above. Setelah mapped, then compared to the possibilities of irregularities against the norms can be studied rationalizations. The study then followed up with an analysis of each norm on every law so the clash of ethical choices and the prevention of possible violations of norms can be explained. This study combines juridical-philosophical and normative juridical approach on the text of Law Corruption has ever been and is still in force in Indonesia. Keywords: ethical perspective, mapping the norm, corruption
AN EXPANSION OF CONCEPT THE STATE ECONOMIC LOSS IN CORRUPTION IN INDONESIA
This research aimed to analyze the meaning of state finance loss in corruption and provide prescriptions the expansion of concept the state economic loss in Corruption Eradication Acts in Indonesia. This research was a normative-legal approach with the approaches of statute, case, comparative and conceptual. Legal materials were analyzed by syllogism of induction, deduction and interpretation. The research indicates that, first, the meaning of state economic in corruption is a life of economic that structured as a joint venture based on kinship principles, in this case is a cooperative, or other entity that has the principles and spirit of mutual cooperation, kinship and joint ventures, so if there are irregularities in cooperatives or other business entities principled and cooperative spirit that resulted in losses, it can be applied to corruption. But this has never happened in the practice of corruption law enforcement. Secondly, the need for expansion the concept of state economy in corruption crime, thus acts in state economy loss, among others: the implementation of construction without indepth study (feasibility study) so it does not have the value of benefits, contractor is unable to finish the government’s work in accordance with employment contracts so that work is not finish and not function, basic materials stockpiling and public’s needs (stockpiling of food, fuel, fertilizer, etc.), import policies that harm the public’s production and acts that damage the ecological of environment (forestry, mining and fisheries conducted unlawfully). Keywords: expansion, the concept of state economy, corruption.
JURIDICAL STUDIES ON SUBSTANCE AND PROCEDURE OF THE DISMISSAL OF THE PRESIDENT AND/OR VICE-PRESIDENT AFTER THE REFORMATION
Reformation era was proclaimed by the amendment of the 1945 Constitution (UUD 1945) of the Republic of Indonesia which was done by MPR since 1999 until 2002. The changes obviously gives consequences in regards to the substance and procedure of accountability of the President and/or Vice-President which were distinctive from the previous one which can be explored in the formulation of the 1945 Constitution of the Republic of Indonesia. The selection of the governmental system of Presidential gave impact towards the characteristics of such system which banished the accountability of the President to the parliament (MPR). Although the state of the President was strong (fixed executive), the dismisal might probably happen during their tenure when the President and/or Vice-President violating the law. Key Words: the dismissal of the President and/or Vice-President, substance, procedure
THE ROLE OF THE SHARIA SUPERVISORY BOARD IN THE FRAMEWORK ENFORCING SHARIA PRINCIPLES AT THE INSTITUTE OF ISLAMIC BANKING IN SEMARANG
Indonesia as the country with the largest Muslim population in the world, since approximately 25 years ago trying to get out of the slump economic problems. One effort in doing it is to fix the economic system we particularly of financial institutions with a switch using Sharia system. Banking financial institution as the economic backbone of Indonesia sought to apply Islamic principles in accordance with the provisions of the Qur'an and Al Hadith and what is regulated in the Law Compilation of Islamic Economics. The application of Sharia principles in this new start in 1992, namely by in the operation of Bank Muamalat Indonesia. Prior to 1992, the Indonesian economy are not familiar with Islamic principles in accordance with the Qur 'syariah principle has been applied by the banking institutions including Bank Muamalat Indonesia is in a start since its establishment, the principle is divided into three areas : 1. Sharing System (avoid riba) 2. Buying and selling on margin system Advantages 3. system Services In general principles that must be enforced by Islamic banks is to avoid the usury and uses a system of revenue sharing as well as buying and selling. In order upholding Islamic principles that must be run by Islamic banks need supervision that have until now run by the Sharia Supervisory Board (DPS). DPS task as the supervisory board on Islamic banking is the attribution of authority. DPS is authorized by the original authority derived directly from Article 27 PBI No. 6/24 / PBI / 2004, which outlines the duties, powers and responsibilities of DPS, DPS Presence is what differentiates it from conventional banks. DPS is independent and equal position with BOC. Keywords: Role Sharia Supervisory Board Sharia Principles
SEMARANG CITY GOVERNMENT ROLE IN CONSERVATION AND ENVIRONMENTAL PROTECTION TO THE CAPITAL OF THE NATIONAL HERITAGE IN INDONESIA
Semarang is the capital of Central Java province and categorized in major cities in Indonesia. The government's role in keeping pest preservation and protection of the environment with menegedepankan balance the economic aspects, protection of cultural heritage and the environment. In the application of conservation and environmental protection in Semarang Semarang city government take strategic steps to perform the functionalization of green open land and the old town that could be developed as a tourist attraction that has the principle of conservation of renewable and environmental protection. Monitoring and environment control for business development players so it does not harm the public, including the empowerment of management Waste that not cause pollution. Keywords: City Government, Conservation and Protection, Environment
Zakat is the fifth pillar of Islam that must be done by every Muslim who is able to issue it, both zakat private (zakat fitrah) and zakat karta wealth (zakat maal), to be accepted to the person entitled to receive it (mustahiqquz zakat) consisting of 8 (Eight) class (asnafus samaniyah) the recipient of zakat, because with zakat will be obtained the wisdom of mandatory orders as a social concern among fellow Muslims muslimin muslimat. In this paper discusses and examines the wisdom of zakat. It is known that Zakat in language is sacred or fertile. Medium in term or syara 'zakat is to remove some of the goods on the order of Allah as a sadaqah obligatory to those who have been determined by Islamic law. Zakat there are 2 (two) kinds of zakat mal and zakat fitrah. Zakat mal includes: gold, silver, money, commercial property, livestock, fruits and grains, minerals and alian goods. The recipients of zakat are: the needy, the poor, the muallaf, the servant of sahaya, the man who has the debt, sabilillah, and the traveler. While the wisdom of zakat is: educating oneself to make sacrifices for the sake of others, a sense of equality with others, understand that he is not living alone, there is togetherness, eliminating the gap between each other and social attitudes high.
HOMOLOGATION RECONSTRUCTION IN BANKRUPTCY THAT IS BASED ON DIGNIFIED JUSTICE
Law No 37 Year 2004 on Bankruptcy and Liability Payment Postponement (PKPU) enables a debtor to come up with a settlement offer to the creditor, prior to or after bankruptcy, in order to pay for liabilities or end bankruptcy and PKPU. A settlement offer from a debtor, discussed and submitted after liability verification, which has been agreed and approved by both the debtor and the creditor must first be legalized by a panel of judges that decide on the case. This will give the settlement offer a fixed and binding legal status. Hence, it can be executed. However, the panel of judges do has the right to legalize a settlement offer agreed and approved by both the debtor and the creditor, as stipulated in Article 159 subsection (2) and Article 285 subsection (2) of Law no 37 Year 2004. This right to deny legalizing a settlement offer is against the universal principles of agreement, especially concerning mutual agreement, pactasuntservanda, freedom of contract, and common justice. The issues discussed in this research include (1) Why legalizing a settlement in the bankruptcy law does not reelect justice? (2) What are the consequences of legalizing a settlement in the bankruptcy law that does not reflect justice? (3) What is the law construction for legalizing a settlement in the bankruptcy law that is based on the values of justice? The method employed was judicial sociology. Data were collected from interviews, observations, and documentations. Those data were then analyzed using the interactive analysis method. Â Results show that (1) Legalizing a settlement in both the bankruptcy law and PKPU is not yet based on justice values, especially the value of dignified justice based on Pancasila, namely Principles, 2, 4, and 5. (2) Hindrances in legalizing a settlement among others are; the agreement between a debtor and all creditors or most/the majority of creditors in a settlement offer is not recognized by the panel of judges; It is against the universal principles of agreement, especially the freedom of contract, the principle of pactasuntsevanda, and mutual agreement, and it does not recognize the deliberation between both the debtor and creditors, which is presided by a curator and a supervising judge and is in line with Principle 4 of Pancasila. (3) There needs to be a reconstruction for the ideal values of legalizing a settlement in bankruptcy law and PKPU, based on the values of dignified justice, that is aimed at protecting all parties involved in the settlement and PKPU. Â Keywords: legalizing a settlement, bankruptcy law, PKPU, dignified justiceÂ
RECONSTRUCTION OF EXECUTIVE AND LEGISLATIVE AUTHORITY IN MAKING GOOD GOVERNANCE (GOOD GOVERNANCE) VALUES BASED ON WELFARE
The purpose of this study is to analyze the forms of executive and legislative authority in ensuring good governance in the perspective of Law No. 23 of 2014 on Regional Government, to find weaknesses authority of the executive and the legislature in ensuring good governance (good governance) at this time, and to analyze the reconstruction authority of the executive and the legislature in ensuring good governance (good governance) with a valuebased welfare. Results of research conducted by the reconstruction of the executive and legislative authority in the good governance values-based welfare by making efficiency and effectiveness of executive and legislative authority that can improve public services and welfare. The reconstruction of the law by making changes to Article 63 paragraph (1), Article 65 paragraph (1) letter (f), Article 66 paragraph (3) and addition of paragraph (4), Article 88 of Law No. 23, 2014. In order to avoid head area tends to ignore the public, taking care of their own interests than the public interest / people and local elections by the people was the most correct and Parliament are tasked to supervise the government as Parliament also elected. So that Article 101 paragraph (1) letter d and the addition of d1, and Article 154 paragraph (1) letter d and the addition of the letter d1 Law 23 of 2014.] Keywords: Reconstruction, Executive and Legislative Authority, Good Governance, Values Welfare.
THE TASK RECONSTRUCTION AND BPKP’S AUTHORITY IN THE CASE OF JUSTICE VAUE BASED CORRUPTION
According to UUD 1945 (the 1945 Constitution of Republic of Indonesia), where one of the inter-state institutions has correlation based on audit system and assessment is State Audit Board or Supreme Audit Board (BPK) is to investigate the management and accountability of state finances, there shall be a single Supreme Audit Board which shall be free and independent.The result of any investigation of state finances shall be submitted to The House of Representatives (DPR) in line with their respective authority. In handling corruption crimination cases in Indonesia, whether conducted by Polices, Prosecutors, and Corruption Eradication Commission (KPK), the investigators of the above institutions to determine the state loss by asking the expert witnesses from BPKP not from BPK, whereas based on Laws and Regulations who authorize in determining the state loss and also to appoint the expert witnesses in litigation is BPK not BPKP. The current situation of law enforcement is extremely debatable by criminal law experts at mass-media and at the Court of Corruption Crimination.
THE RECONSTRUCTION OFMADLIYAH AND IDDAH MAINTENANCE AND MUT'AH IN DIVORCE CASEFOR JUSTICE AND WELFARE
In 2015, divorce cases reached 457.493 (85,65%) out of 534.164 cases throughout Indonesia, 321.487(60,18%) cases were dominated by contested divorce cases.1 The most dominant factor of divorce in contested divorce cases is no liability (negligence) of husbands to wives, with the implication that wives' rights during marriage and after divorce are abandoned such as madliyah and iddah maintenance and mut'ah which are husbands' duty. Wives that sued husbands are categorized as nusyuz therefore the reception of madliyah and iddah maintenance is deprived, on the other hand, the reasons of divorce are dominated by the abandonment of wives, thus the definition of nusyuz needs to be reexamined, such as the abandonment of wives by husbands (unjust) is categorized as nusyuz or not. Texts or legal norms in the Compilation of Islamic Law only regulates wives' rights of post-divorce (iddah maintenance and mut'ah) ifthedivorce are at husbands' will or talaq divorce byjudges'ex officio (Article 41 letter c of Law No. 1 of 1974), or by counterclaim from wives for madliyah and iddah maintenance and mut'ah on a condition that wives are not nusyuz. The texts or legal norms in KHI for wives who filed for contested divorce are considered nushuz, thereforethey are deprived of their rights on, the latter is caused by no texts in the Compilation of Islamic Law that regulate it so that the contestants either through law power (advocates) as well as personal did not demandformadliyah and iddahmaintenancein their posita or their petition.
JURIDICAL ANALYSIS OF THE ALLEGED CRIMINAL OFFENSE TO MANUFACTURE A NOTARY DEED
Occurred facts civil law that is the buying and selling transaction with the object of property rights of the land, it resulting the appearance of absolute ownership transition. The Constitution No. 5 of 1960, the main points of Agrarian Article 20 (2), the property rights can be switch and to be redirected to another part1. That agreement of buy and sellhave been bornin seconds the reached of “agreedâ€ regarding goods and prices2. Because it happened switch over of rights that is the absolute property rights according to the Civil Law its happened a legal relationship. So that buy and sell legitimately according to the Civil Law it can be poured into the authentic deed that made in front of the Notary public that is the deed of “the keel agreement treaty of buying and selling with the authorityâ€. Buying and selling of the land rights be poured into the authentic deeds that made in front of the Notary public on his authority Â according to the constitution, and the Notary is not a part, at the instance of the parts to poured into the authentic deed and further more it’s the lifelong responsibility notary and the notary have the principle of formal correctness so it does not have responsibility to the contents of the deed, but then is in dispute against the bad tagged, The deed has been made Notary made basic a legal disputes in volving notary that made, anytime notary can be assign as a suspect/be detained which had no connection with the contents of the deed.
REVITALIZATION DEAL IN AKAD HYBRIDS IN SHARIA BANKING VALUE BASED ISLAMIC JUSTICE
Judging from the background of its formation, the formulation of the hybrid contract is motivated by a passion to expand the range of Shariah banking in order to be more competitive than conventional financial institutions. The world's conventional financial institutions have advanced so rapidly, because it is centuries old. The products offered is already so varied. Banking Shari'ah established with a mission of Islam in economics to be applied in the financial institutions are required to be able to race competitively catch up to conventional financial institutions. The spirit of this competition can sometimes only shift the original ideals of the Shari'ah banking so out of the idealistic mission. Ideally, Shari'ah banking mission to operationalize by function with fairness, honesty and mission enliven real sector. Akad which became the main base is musharakah or mudarabah with the principle of sharing in a partnership approach. However, because of the demands of profitability and encouraged the spirit of acceleration enlarge market share, concerns the question that arises is whether the main concern of Shariah banking can be shifted from the spirit of the mission to realize the ideal into the spirit of competition in the formalities of the subordinated kesyari'ahan ideal mission? Â Looking at the above, there were some fundamental problems with the implementation of the contract, namely whether the hybrid will not shift the original ideals of Shariah banking, because there is concern shifted to the usury that no longer different from the conventional financial institutions. A further problem of how to revitalize the agreement in the contract hybrids in value based banking Shari'ah Islamic justice. This problem appears motivated by a sense of concern author of various hybrid forms of contract that can not represent the substance of justice is a principle addressed in the rules of jurisprudence muamalah. Thus this dissertation research is expected to create more hybrid contract represents an agreement.
RECONSTRUCTION OF LEGAL PROTECTION DISTRICT HEAD IN THE ELECTION IMPLEMENTATION OF VALUE-BASED JUSTICE
Regional Head Election (Election) directly represent the democratic party will choose direct Regional Head, things in the most tangible manifestation of sovereignty in the hands of the people, as well as the most concrete manifestation in the state administration. Therefore, the system and the organization of the elections is a major concern because through compliance and quality system, the organization of the elections are expected to be able to truly realize of, by and for the people. In this election there are six (6) issues, namely: (1) election marred by political money and the high cost. (2) Election marred lack of neutrality and the movement of Bureaucracy. (3) That would create horizontal conflicts. (4) Sustainability Political Dynasty. (5) a single candidate in the elections (closing the independent candidates and all buy all political party) and (6) Role of Head highly strategic to the success of the elections. Based on the background of the problem dissertation problem is formulated as follows : (1) Why legal protection Head in the elections this time has not been based on values of justice (2) any constraints faced regarding the protection Head in the elections this time? and (3) How rekonstruksi Head of legal protection in the implementation of the elections based on values of justice? This research is a qualitative sociological juridical approach (Socio Legal Approach). This research approach based on the existing problems want to find a deep meaning and details of the implementation and assessment rbagai legal aspects of relations with non-legal aspects of the working of the law in society. Legal research sociological research follows the pattern of the social sciences in particular so-called socio Legal research research. This study aims to reveal the legal protection Head tasks in the implementation of the elections based on values of justice. The research findings indicate that the Head of Legal Reconstruction in the implementation of local elections is dialam Article 70 (1) c Undang-- Law Number 10 Year No. I of 2014 on the Election of governors, regents and mayors into Law - Law, reads: in the campaign of the candidate pairs banned involves: c. Village Head or other title / Village and the Village or any other designation. Device Village, direkonstrusikan be a partner in the campaign of candidates allowed to involve: c. Devices district and sub-district, the village chief or other designation / Village and the Village or any other designation / Irish Village. It underlies that Head and devices not yet entered the District specifically, when the authority of Head very strategic in the election. In Article 162 (3) of Law No. 10 of 2016 declared the governor, regent or mayor who will perform the replacement officials in lingkungaa Government of Proponsi or state / city in a period of 6 (six) months from the date of the inauguration must obtain the written approval of the Minister, recontextualised became governor, regent or mayor who will make the turn positions in the Government of the Province or District / Town including the post of Head within a period of one (1) year after the date of the inauguration and must obtain the written approval of the Minister, this reconstruction is conceived mean that the implementation of the budget ( budget Revenue and Expenditure) is one year, so that when mutated or removed six months of his then Head of latent performance. Keywords : Legal Protection Head, Regional Head Election, Justice Values base
ABUSE OF AUTHORITY OFFENSE THEOLOGICAL RECONSTRUCTION LAW ERADICATION OF CORRUPTION (LAW NUMBER 31 OF 1999 JO. LAW NUMBER 20 OF 2001) BASED ON VALUE OF JUSTICE
Tort has been established in Article 2, was misuse of authority by Article 3 of the Law on Corruption Eradication. Abuse of authority but also an act against the law, then Article 2 are also applicable in the case of the offense of abuse of authority. In practice at the Corruption Court, normally the public prosecutor filed a defendant to trial on charges subsidaritas, the primary charge Article 2 and Article 3 of the subsidiary charge. Most judges decide the primary charge is proven, and some other judges decide the primary charges not proven and proven subsidiary charges. Objective: to analyze the weaknesses of the offense of abuse of authority, and the subsequent reconstruction of the formulation of the offense of abuse of authority, based on the values of justice. Method : This is the paradigm of constructivism and sociological juridical approach, the analytical descriptive nature. Sources of primary data with field study to the Jakarta High Court Corruption, and secondary data in the form of decisions offense penyaahgunaan authority and literature in the form of legislation and literature books. The collected data were analyzed descriptively qualitative. Result : There are weaknesses in the formulation of Article 3, giving rise to discrimination against the accused. Therefore be reconstructed based on the values of justice, to redraft Article 3 to a penalty equal to Article 2, plus one paragraph to a penalty under minimal. Keywords: Reconstruction, Abuse of Power, Corruption, value of justice.
RECONSTRUCTION OF THE DAILY PAID WORK AGREEMENT IN THE EMPLOYMENT LAW BASED ON JUSTICE
The directions of the establishment of Employment Law Indonesia in the era of globalization is influenced by the tendency of the existing market, labor relations aimed to the flexible work system, the indication is the legalization of the system of labor contracts / specified time work agreements (CTWA), outsourcing and daily paid workers agreement (DPWA), nevertheless in practice the flexibility of labor is still being debated in Indonesia (Agusmidah, 2011 : 359). The core existance of the flexible labor market is an attempt to change the rigid of the labor market to be more flexible and better suited to the climate of competition in the global economy that is increasingly liberal, therefore the various regulations that burden the business, deter the investment, employment and economic growth, should be abolished (Hari Nugroho and Indrasasi Tjandrasingsih, 2007 : 4). The Indonesian state concept in national development is the Welfare State, the state must realize the social welfare and also must provide protection for all citizens as a social defense. Welfare means an expectation of an objective condition where the needs for the material, spiritual, social and citizens has been fulfilled, so that they wil have decent live and able to develop themselves, be able to perform their social function as human beings as the goal to be achieved (Enam Suparman, 2015 : 3). In the specific areas of employment, welfare expentancy is formulated in the Constitution of Article 27 paragraph (2) Constitution NRI 1945, namely: "Every citizen has the right to work and a decent living for humanity" and Article 28 D (2) Constitution NRI 1945 namely : "Everyone has the right to work and to receive remuneration and fair handling and proper treatment in the employment relationship" (Eman Suparman, 2015 : 4). The form of the legal certainty is through the establishment of legislation in the field of employment that today is Law No. 13 of 2003 on Manpower. Based on the considerations of Law No. 13 In 2003, the value of the labor laws are: first, the formulation of labor law should provide protection to workers / laborers and their families in accordance with human dignity and values; second, employment law is also pay attention to the improvement of the business world. The second value must be balanced so that justice is reflected in the substance and implementation of the labor law. However the fact is that these two values are not in accordance with the aspired. This study focused on DPWA as one of the phenomena of labor flexibility, especially in the plantation sector. Palm Wacht research results, the current plantation sector employs 10.4 million workers and as many as 70% of them are workers non- guarantees job that are Freelance Workers, Labor Wholesale, Contract Labor and outsourcing ( Sawit Watch, Pers release,May 12th 2015.) Â DPWA is not regulated in Law No. 13 of 2003 but included in the Ministry of Manpower and Transmigration Decree No. Kep.100 / Men / VI / 2004 on the Implementation of the Provisions CTWA. Previously there has been Regulations of the Ministry of Manpower Â No. Per-06 / Men / 1985 on the Protection of Workers' Day off, in which among other provisions concerning the employer's obligation to provide the labor social security and threats penalties against violations of several articles. The regulation has been declared invalid by the Ministry of Manpower and Transmigration Decree No. : Kep.100 / Men / VI / 2004 which abolished these provisions. Ministry of Manpower and Transmigration Decree No. Kep.100 / Men / VI / 2004 solely put in 3 (three) articles about DPWA, namely Article 10 to Article 12. This provision is DPWA very flexible and does not clear to the type of work, giving rise to multiple interpretations in implementation, there is no decent wage setting, no social security employment which are the fundamental right of workers. This indicates there are discrepancy between the value of labor law with the substance of the law and its implementation, so as to give rise to injustice. Â Based on the description above, it is very urgent and actual to investigate more deeply how the working relationship that is based on DPWA should be built in Employment Law so as to realize the value of labor law with the title reseach : "Reconstruction of The Daily Paid Work Agreement in the Employment Law Based on Justiceâ€
THE LAWS ON “SIRRI MARRIED AND INTS IMPACT
Marriage is legal if it is done according to the Law on Religion and belief respectively and in order to have legal force and apply the power of the marriage must be registered. Reality is happening in the society there is a practice often seen Sirri marriage lawful religion, but does not have the force of law according to the positive effect. This study aims ffor know how the views of Islamic law and positive law in marriage Sirri, the factors that cause it, and how the process of completion according to the positive law. This research is normaif law, the research data source is the secondary law, both secondary-primary, and secondary-sekuder and secondary-tertiary. The tools used in the form of study documents, and the deductive and inductive analysis in descriptive form. The findings generated in this study are: (1) the grounds of marriage Sirri menur ut Islamic law is valid, but according to the positive law of marriage does not have the force valid as evidence to ensure legal certainty. (2) the factors that lead to marriage Sirri was done because of lack of knowledge and awareness of the law that the marriage should be registered. (3) the process of completion once the divorce judgment to become one. Keywords: impact, marriage Sirri, positive law.
The word "mandate" is quite broad sense, but depending on the logic of man who entrusted the mandate to him, Islam teaches its followers to have a conscience that is sensitive, with a view to preserving and maintaining the rights of Allah and charitable man of truthful as ever Rasulullah Saw said, which means: "You're all a leader and you all will be held accountable for what he said about your leadership, ............., male (husband) is a leader in a family environment, and he will be asked about what he styles , women (wives) also leader in controlling her household, ........ "(HR.Bukhari) The hadith explains that the liability which carry on the shoulders of every Muslim both the husband and wife in this world, no one from any private, small or large, but it must be responsible for the mandate that has been carry and hold it well, for example to all children before growing up in essence is the right of children rests with the parents (father / mother), if the neglect of children's rights means committing a crime at the same time ignoring the mandate and responsibilities in answer to the Lord and make mistakes against themselves with the attitude and relinquish control over their power, this has resulted in an unruly child and certainly hard to be directed to the right path. The main task as parents is to nurture a personality strong to children, introducing his Lord, and instill that success in life both materially and spiritually is in accordance with the ideals of pure wholeheartedly, then he has done something useful for him, family, and the environment; In addition, as one of the children as human resources and the future generation, it should get special attention from the government, in order to develop the child to achieve a strong human resources and quality. Associated with child development necessary legal infrastructure to anticipate all the problems that arise, relating to the interests of the child as well as concerning irregularities attitudes and behaviors that make children forced held for trial. For example, on one of the main mental children who are still in the stage of self, sometimes easily influenced by the circumstances surrounding environment. So if the environment in which the child is bad, can be affected soul on actions that may violate the law, it can be detrimental to himself and the community environment, not least the action is to drag them to deal with law enforcement officers. In the family, children are part of society, has the same rights that must be protected and respected, even every country where compulsory care as well as adequate protection of the rights of children, including civil rights, economic, social and cultural benefits, it looks like the position and rights of children when seen from a juridical perspective has not been seriously considered by the government, law enforcement and the community at large and still far from what actually should be given to them. Special on Child Rights is part of the human rights and protection guaranteed by international law and national law, which universal has protected in the Universal Declaration of Human Rights (UDHR) and the International on Civil and Political Rights (ICPR). Differences of treatment on children's rights with adults, set in a special international conventions. As stated in the Declaration of the Rights of the Child: "... the child, by reasons of his physical and mental immaturity, needs special safeguards and care, Including Appropriate legal protection, before as well as after birth ..." The Vienna Declaration of 1993 generated by the World Conference of Human Rights Human Rights (HAM), re-emphasized the principle of "First Call for children", which emphasizes the importance of national efforts and international levels to promote the rights of the child to "survival protection, development and participation." While the concept of child protection in Indonesia has made the rules, essentially upholds and attention to the rights of children, namely after the ratification of the Convention on the Rights of the Child (CRC) include: Law No. 39 of 1999 on Human Rights; Law Number 11 Year 2012 on Child Criminal Justice System; Act No. 35 of 2014 on the Amendment of Act No. 23 of 2001 on the Protection of Children; So that the state and society have a duty to protect against the growth of the child, both physically, psychology, social, economic and political, as for any form of protection is emphasized on children in vulnerable conditions of discrimination, exploitation and violence, such as children with disabilities special, abandoned children, children who grow up in poor families and children who are in orphanages. Precisely because of the country pay attention and protect the rights of the child and must be upheld by any person; However, in practice the law enforcement issues (law enforcement) often experience obstacles and constraints caused by internal and external factors, the system crime sometimes still treat children involved as perpetrators of the crime as perpetrators of criminal acts committed by adults. The child is placed in a position as a criminal who deserves to get the same punishment as adults and apply in Indonesia, should be oriented to the individual offender or commonly called the accountability of individual / personal (Individual responsibility), the offender was seen as individuals who are able to take full responsibility for the act of doing. While the child is an individual who has not been able to fully realize the actions / deeds he does, it is because the child is an individual who is immature thinking. Without realizing it of course can lead to severe psychological impact on the child that ultimately affect the mental development and the soul of the child, it is concerned that the child quickly imitate the treatment of people who are nearby. One of the main properties of delinquency (called Juvenile Deliquency), is an act or acts of violation of norms, both legal norms and social norms committed by children younger ages. Conditions delinquency or known child delinquency is defined as a form of crime by children under title-specific title of the section of the Criminal Code and / or governance legislation. While the juvenile court was formed because the background of concern over the attitude of the actions undertaken criminalization of children and youth who number from year to year increase. But the treatment of adult criminals, requiring special protection measures for the perpetrators of the children; Juvenile court is intended to cope with unfavorable circumstances for children, and in the execution of juvenile criminal justice process should not be treated the same as adults. Indonesia's judiciary really consider the interests of children need to be realized to ensure the interests of children through Law Number 11 Year 2012 on Openness Child Criminal Justice; In order to overcome the problems of criminal offense committed by children, all of them shall be tried in court for a child who is on trial in the general court; The law gives national legal basis for legal protection for children through the juvenile justice order. Additionally intended as legal devices more robust and adequate to implement guidance and providing legal protection for children in conflict with the law and the enforcement of legal rights and child to embody the principle of the best interests of the child (the best interest of the child). In the act of deprivation of liberty, for example, should be done only as a measure of last resort, where the case concerning the right of children not to be separated from their parents. Kids as immature individuals need to obtain legal protection / juridical (legal protection) in order to ensure their interests as members of the public, enforcement issues and legal rights of children, basically the same as the overall law enforcement issues. Therefore, law enforcement issues of children affected by several factors, among others: 1. For law enforcement officers or relating to the legal process in society in Indonesia, officers responsible for enforcing the law known as the chess dynasty including the police (the investigating agency), prosecutor (prosecutor), the judge (judicial), and attorney or advocate. To deal with common problems in Indonesia, namely the limited ability of the law enforcement agencies who understand the law and the rights of children, the quality of, education and expertise of each apparatus, as well as the organization's ability to enforce the law and the rights of the child. 2. The legal culture of society, the social structure and cultural outlook of ongoing and people believed in enforcing the law as a guide everyday behavior. is an important issue in enforcing the law in Indonesia because it involves public confidence in the legal and law enforcement authorities; Equally important to the legal community, which is where the movement of law in everyday life that include the extent to which compliance with the law society, caring for enforcing the law towards order and peace. While the child is only a guideline legal precedent to guide how people act when the child's problems are found. According to Law No. 11 of 2012 on the Criminal Justice System Children in Article 69 paragraph (2) Children who are no older than 14 (fourteen) years may be subject only. The offense can be imposed on offenders Kids are: (1) Capital punishment for children consists of: a. Criminal warning; b. criminal terms: 1) development outside the institution; 2) community service; or 3) supervision. c. Work training; d. Coaching in the institution; and e. Jail. (2) Criminal additional consisting of: a. appropriation of profits derived from the crime; or b. fulfillment of customary obligation. (3) If the material law punishable cumulative prison term and a fine, penalty replaced with job training (4) The penalties meted out to children not violate the dignity of the Child. Differentiation penalty of children is determined by the Code of Penal (Penal Code), in the imposition of a maximum determined punishment ½ of the maximum threat to adults, while the imposition of the death penalty and life imprisonment shall not apply to children. Sanctions imposed against children in this law is determined by age, which is for children aged 12 to 15 years only subject to the action, while children who were aged 12 to 18 years will be punished; To create a harmony and balance within the community held sanction. Sanctions are formed of a system or an institution authorized to take; The purpose of reaction to crime and delinquency is for the prevention of crime and delinquency, and criminal actor resocialization. Criminal system prevailing today in Indonesia only depends on the nature punishment without regard to how it can change the child gets better, for example just given criminal system that is instructive, that is a criminal system that not only emphasizes the terms punishment, but how a child behavior that can be changed for the better and will not repeat the action without having sanctioned entity or prison. In-Law No. 35 of 2014 on Child Protection in Article 17 paragraph (1) every child deprived of liberty shall: a. get treated humanely and placing separated from adults. b. Legal aid or other assistance effectively in every stage applicable legal remedies, such as social assistance from social work, consultations of psychologists and psychiatrists or assistance from linguists. c. Defensively and justice in front of the juvenile justice objectively and impartially in a trial closed to the public. Perpetrators of crimes committed by children would be easier to control and improvement than adults, and this is because the level of the child's development was in contrast to the properties and characteristics, in infancy, young adults and the elderly will be different psychologically and physically ; Medium criminal system by providing criminal sanctions is instructive / educational been rarely carried out by law enforcement officials in Indonesia. One example is instructive criminal sanctions are criminal sanctions are not only returned to a parent / guardian or the environment, but the nature of criminal sanctions, for example educate put religious institutions in accordance with the religious / her faith. While the criminal system of individual (individual responsibility) is used for this is the response to crime that is fragmented only see prevention in terms of individual / personal, even though in dealing with the problem of children not only seen from the response the individual child alone, but viewed from many factors , one of them how the child is no longer repeat his actions, but provides a good example and education to the child itself; It is intended that the child's mental and spiritual well-educated, so that the misbehavior of the child for the better. With the inclusion of the child as the perpetrators of crimes to the Penitentiary instead does not guarantee that the child can be changed, otherwise not be both mental and spiritual children because they were exiled together with the perpetrators of criminal acts of others this has resulted in the recovery of the child's behavior to be more good hampered due to the environment itself unfavorable. Surely it would be different if placing the child in an environment that does not feel treated as a criminal, but rather to treat the child as an immature man who still do not know anything so they need to be given guidance of education is called positive action and good. Of course, the treatment given to those involved in criminal acts, as long as the legal process and punishment put them as young criminals who have different characteristics with adult criminals. Actually the criminal system that is instructive as this is not something new, because in law juvenile justice system, the system punishment didactic had clearly expressed therein, but this is rarely done, even less children are dealt enforcement laws that have not been professionally handle cases of children, sometimes the placement of children mixed with adult convicted; There are two alternative actions that can be taken if the crime committed by children before even the age of 18 (eighteen) years and filed through reaching the age limit of 21 (twentyone) years old, the child remains a child brought to trial. Average child who has not aged twelve (12) years of committing or suspected of committing a crime, then the Investigator, Supervisor of Community and Professional Social Workers take a decision that is first hand it back to parents, guardians / foster parents, if the child can still be fostered , Second, include it in educational programs, coaching, and mentoring in government agencies in charge of social welfare, both at national and regional levels, not later than 6 (six) months; But pay attention to the child's interests, the judge may require handed over to social organizations.
RECONSTRUCTION OF CRIMINAL PROCEDURAL LAW (KUHAP) ABOUT THE DETENTION BASED ON JUSTICE
Detention is a form of deprivation of freedom of movement a person. In the custody of a conflict between two principles, namely the right to move someone who is a human right that must be respected on the one hand, and the interests of public order on the other side of which must be preserved for the people or the people of evil deeds suspect or defendant. Therefore, the detention should be performed if necessary at all. Defects in detention can lead to things fatal to many parties, including anchoring.1 The provisions on the validity (rechwaardigheid) detention stated in Article 21 paragraph (4) Criminal Procedure Code, while the need to (noodzakelijkheid) detention stated in Article 21 paragraph (1) Criminal Code. Therefore, the competent authorities did or did not make an arrest (Article 20 of the Code of Criminal Procedure), the transfer of the type of detention (Article 22 of the Criminal Procedure Code), and the suspension of detention (Article 31 of the Criminal Code) against the suspect or defendant are at an institution or institutions, it provides opportunities for officials authorities detain, switching types of detention, detention suspend deviates by detaining suspects or defendants arbitrarily or even exceeds authority. Containment actions can also be used as a commodity "buy-sell" by detaining a suspect or defendant then "trade" to suspend the detention or transfer of the type of detention for the "price" certain. Researchers do research on the regulatory limit of detention, including the detention and transfer of the type of suspension of detention of suspects or accused general crime. Researchers interested in conducting research on detention, including the transfer of the type of detention and the suspension of the arrest of the suspect or defendant, which further analyze the passage and find construction rules detention of suspects or defendants in the Criminal Code.
PROBLEMS OF DISPUTE RESOLUTION REGIONAL CHIEF ELECTION (GOVERNOR, REGENTS AND MAYOR)
The aim of research conducted in this study, is to analyze the problems of the settlement of disputes local election. The problems of settlement of disputes in the implementation of local elections is problematic power of the judiciary in resolving disputes elections daerahmatika power of the judiciary in resolving disputes local elections, and Problems In Dispute Settlement local elections which disputes the results of the local elections of powers MA into the power of the Court, power in the State Administrative Court judge Decision Peneyelnggara local elections, the power of the General Court in dealing with criminal abuses Daeran elections and enforcement of the code of conduct by the Honorary Board of the General Election Organizer.
RECONSTRUCTION REGIONAL MINIMUM WAGE (UMR) INRENEWAL OF EMPLOYMENT LEGAL REMEDIES BASED INDONESIA THE VALUE JUSTICE PANCASILA
As a developing country, Indonesia is facing problems of population and employment. The crucial question of which is the low level of wages among workers. Employment issues in Indonesian is regulated in Article 5 (1), Article 20 (2) of Article 27 paragraph (2) of Article 28 and ), Article 33 paragraph (1) Constitution 1945.Goverment set wage the rule Minister of Manpower and Transmigration No. 7 of 2013 about Minimum.In the fact wages, worker more difficult to achieve the Living Needs (KHL) to uncover research Reconstruction Policy concept (Minimum Wage) UMR In Indonesia.Rekonstruksi employment Legal Reform efforts Minimum Wage (UMR) The Justice Value based Pancasila. UMR Based on the values of Al-qur'andan Al-Hadith, In human life, not everyone can work for himself, because of the lack of working capital, so it must be working for someone else. Keywords: Justice, Wages and Rights
IMPLEMENTATION OF LAW AS TO MAINTAIN SECURITY IN THE CONTEXT OF PROFESSIONAL POLICE POLMAS (CASE STUDY IN LAMPUNG POLICE)
The reform process has been and is ongoing to reach a democratic civil society led to various changes in the joints and a country life. Police are currently carrying out a process of reform to become a civilian police force, must be able to adapt to the development of community life by way of changing the paradigm that drip-focus on a reactive approach and conventional (power) to a proactive approach and gained public support with an emphasis on partnerships in the framework of solving social problems. The police function of organizing models known in foreign countries with different names like Neighborhood Policing, Community Oriented Policing, Community Based Policing, and eventually popular as Community Policing. Important issues as the problem of police (police problem) from the point of view of the community, such as the application of the discriminatory law, the presumption of the police, the use of inappropriate police diskresi is not an easy job to be resolved in the framework of the reform of the national police. Despite this realization that Police in democratic societies is basically a job managing a conflict needs to be grown and realized through programs of police-community relations, in addition to the existence of institutions supported controls. Policy implementation of the police force in General, is based on the desire to prevent abuse of police authority, to protect the rights and liberties of the people, so that the police are working in accordance with the law, and that there is oversight of police activities against. Transparency and accountability of the national police in the past can be said to be low among others due to the lack of openness, the general public is less informed about the activities of police handling and handling complaints or statements. Meanwhile, traditionally the national police so far have actually developed a mentoring program Community (Bimmas) and programs related to security system Swakarsa (Siskamswakarsa). The program Siskamswakarsa is realized through the system's security environment (Siskamling) which includes the neighborhoods, environmental education, and the work environment as a form of security Swakarsa as defined in the Police Act of the Republic of Indonesia. Babinkamtibmas (Enlisted the coaching Community security and public order) Actas the spear head of the implementation Siskamswakarsa/Siskamling. But it needs to be underlined, patterns are the implementation of the national police that is ' preemit ' through Bimmas approach/Babinkamtibmas it surely also implies structural relations of power, so the perceived need to adapted to the development of civil society. On the basis of the considerations outlined above, is seen necessary to adopt the concept of Community Policing and customize it to the characteristics and needs of the community as well as by way of Indonesia and with the name of Indonesia. Without prejudice to the possibility of the use of a different term translations, especially for academic purposes, formally by the ranks of the police and the model was named the community Perpolisian. Further conceptual and operational terms mean shortened Polmas. Thoughts concerning the development of Polmas seen needs to be poured in a manuscript policy and strategy of the organization. To that end, throughDecree No. Kapolri Pol. SKEP/737/X/2005 October 13, 2005, has been proclaimed policiesand strategies of the application of Community Perpolisian Model (Polmas) in order of organizing task [subject matter] the national police. As the motor or spearhead implementation of Polmas Police Partnership Forum was the establishment of communities (FKPM) at the level of the operational units of the national police as a container of communication, consultation, transparency, and accountability of the national police with the community it serves. In connection with this, the idea of polmas got a first step on Grand Strategy (Renstra) national police 25 years as already mentioned above, namely: 1) short term (2005-2010), building Trust Building; 2) medium term (2011-2015), establish Partnership/Networking; 3) long term (2016-2025), embodies the Strive for Excellence.
RECONSTRUCTION OF CRIMINAL SANCTIONS PENAL CODE ACTORS ON ABORTION CRIME BASED ON THE VALUE OF JUSTICE
Life is a gift given by God Almighty that must be respected by everyone. Life is given to every human being is a human rights that can only be revoked by the Giver of life. The right to life is one of the human rights that are set out in the Constitution of the State, as described in Article 28 (a) of the Constitution of the Republic of Indonesia in 1945 which states that "Everyone has the right to live and to defend life and living". With the right to life of the country will preserve and protect the right to life of every citizen so that the state through the state law enforcement tool will act if there is known to occur and the removal of the right to human life. Abortion (abortion) is always a conversation, either in forumresmi and unofficial concerning the fields of medicine, law and other disciplines. Abortion is not a new issue, abortion is an old problem that is always controversy. One of the controversies about abortion are the priority discourse of human rights as an excuse or reason for the pro-abortion cons of abortion. Lately case of abortion the fruit simalakama in Indonesia. On the other hand nonmedical abortion with reason is strictly prohibited in Indonesia but on the other side of illegal abortions increase the risk of death due to lack of medical facilities and infrastructure, even illegal abortions mostly done by traditional means which increase the risk of death. In Indonesia alone, although abortion is prohibited, but still many women who have abortions. Well done based on specific medical indication or performed by non-medical indications. Experts religion sees that whatever the reason, abortion is an act contrary to the religion, because it is taking the life of the fetus, which means murder, though no one argues that the life of the fetus did not exist before 90 days. Based on consideration of moral and social side, it's hard to let a mother who must care for unwanted pregnancies mainly as a result of rape, the result of commercial sex (with commercial sex workers) and women who know that the fetus has severe physical disabilities. Children born in the conditions and environment such that, in the future will most likely be knocked out of the social life is normal, lack of protection and affection that should be obtained by a child who had grown up in an environment that is fair, so it was likely the child will an outcast. On the other hand, in terms of religion, any religion would not allow men to commit acts termination of pregnancy for any reason, while in terms of the law, there are still debates and contradictions of the pros and cons about the perception or understanding of the laws that exist to date. Today many women became pregnant and had an abortion as a sign of moral degradation. Unwanted pregnancy is not a reason to kill the fetus. The fetus is a creature of Allah SWT. Why should be killed? What is wrong is not a rapist penzinanya or her fetus. The fetus also has the right to life. Legalize abortion is not the solution to reduce the number of maternal deaths. The amount will actually increase because there is the possibility of fetal owner claimed to be raped in order to be aborted. In consideration of hunger, abortion is permitted with some conditions. First, the fetus was detected suffering from a genetic defect that is born later is difficult to cure. Then, pregnancy due to rape were determined by a team competent in it, among others, the victim, a team of doctors and scholars. Terms of abortion due to rape, the age of the fetus can not be longer than 40 days. Criminal punishment against criminal abortion should be through the criminal justice procedure as formal criminal law or the law of criminal procedure. Criminal procedure law that can be formulated as a law establishing how the state uses its right to carry out criminal. Also commonly referred to as Concreto In criminal law, since it contains the rules of how the criminal law or criminal law materiel In Abstracto poured in reality. As known, the setting is a criminal offense in the Criminal Code a criminal abortion contained in the Penal Code Book II Chapter XIV On Crimes Against Life, in Article 299, Article 346, Article 347, Article 348, Article 349. To simplify and ease in this study, the focus directed primarily to the criminal sanctions to abortion.
REGISTRATION FIDUCIARY GUARANTEE REALIZE LEGAL PROTECTION OF CREDITORS AND DEBTOR
In Article 11 of the Law of Fiduciary determined that the object is in the territory of the Republic of Indonesia or outside the territory of the Republic of Indonesia. Bound by fiduciary shall be registered at the registration office fiduciary duties within the scope of the Department of Law and Human Rights. Fiduciary guarantee a follow-up agreement set out in the fiduciary deed as collateral for the repayment of certain money. This became the preferred fiduciary guarantee for creditors if the fiduciary is registered in Fiduciary Registration Office. This is because the preferred position is guaranteed for their registration. The imposition of fiduciary must be made by Deed in Indonesian and thus constitute a fiduciary warranty deed. Imposition by fiduciary guarantee are then required to be registered in Fiduciary Registration Office. The obligation is in terms of the binding fiduciary and fiduciary registration so that the object of the guarantee that has the power of binding and has the same executorial court decision. Keywords: Fiduciary and Legal Protection.
RECONSTRUCTION OF LEGAL DISPUTES MEDIATION IN HEALTH CARE FOR PATIENTS HOSPITAL BASED ON THE VALUE OF JUSTICE
Â Â Mediation dispute resolution health was originally an alternative dispute resolution, when the mechanism of litigation is deemed unsatisfactory. Dissertation with the title of the reconstruction of legal mediation in disputes over health care for hospital patients based on values of justice Â Â This study aims to discover the reality of the use of mediation in disputes over health care for hospital patients today, analyzing the ratio of mediation in disputes over health services and dispute mediation reconstruct health services for hospital patients based on values of justice. Â Â Â Â Research carried out by empirical juridical approach, related to the implementation of health care dispute mediation. Samples were taken by purposive non-random sampling. Informant is all parties involved in the dispute resolution mediation health services, which consist of the patient's family, lawyers, hospitals / doctors, police officers and notaries. Results were analyzed and described by descriptive qualitative. Â Â Â Â Research shows that the reality of the implementation of the health mediation has not been carried out in accordance with Article 29 of Act 36 of 2009 on Health ordered mediation in the event of a dispute of medical services and the Supreme Court Regulation No. 1 Year 2016 on Procedures for Mediation in the Court. The findings of the study found that the existing mediation done by involving the police, lawyer or notary. After comparing the model of mediation conducted in Japan, Malaysia and Singapore it is obtained a construction dispute mediation, health services based on values of justice, namely: a. Reconstruction of value by way of consensus. Seek mediation rather than litigation. Mediation aims to achieve a win-win solution for the provision of compensation to patients. b. Reconstruction of the legal form of Amendment Act No. 29 of 2004 on the Practice of Â Medicine, especially with the addition of sub-section on Article 64 and Article 72. Triangular Theory of mediation Mediation is required to produce that meets the expectations of all parties. Mediation is not just an alternative dispute resolution, but mediation is imperative for the parties to the dispute in the health service. Recommendation that the settlement through mediation is imperative as well as the need for a mediation agency especially health Keywords: Mediation, Dispute Health Services, Justice ValuesÂ
RECONSTRUCTION OF CRIMINAL SANCTIONS AGAINST CRIME OF ACTORS AND MURDER MURDER IN PLAN BASED ON VALUE OF JUSTICE CRIMINAL CODE
The increasing crime rate is influenced by several factors, from the nature of public welfare, until the little things like a matter of feelings. Indonesia as a country with dignity ensure the protection of the lives of every citizen, from being in the womb until the death. The results of this study were 1) In terms of Article 340 of the Criminal Code is a murder with the most severe criminal penalty, the death penalty. 2) The court's decision is considered to have a fair especially criminal sanctions imposed on the perpetrators, because it is actually the most disadvantaged in the event of a criminal offense is murder victim's family. 3) The murder plan to enter in the category of elements of murder which in the case of positive criminal law, Killing positive in the context of criminal law, categorized for the murder foreseen by the perpetrator, the murder because of persecution and murder due to negligence or neglect. Keywords: Reconstruction of Criminal Sanctions, Against Perpetrators of the Crime of Murder, Value of Justice.
Maria Marghareta Titiek Pudji Angesti Rahayu
IMPLEMENTATION OF PENAL MEDIATION IN CRIMINAL LAW
Penal mediation is an alternative settlement of criminal cases emphasizing restorative justice approach, which is carried out between the victims and the offenders or his/her families with the purpose of restoring the balance in the society. The major problem in this research is, firstly, how is the penal mediation in criminal law enforcement implemented today? Secondly, how are the weaknesses of the implementation of the penal mediation in criminal law enforcement today? Thirdly, how is the penal mediation in criminal law enforcement based on Pancasila values of justice constructed today? In order to answer the problems mentioned above is obtained by using social legal research method, conducted with case studies that have already been through the legal processes by law enforcement officials until the court makes the decision, this kind of legal processes is deemed to have injured sense of justice in the community by the society. Penal mediation provides the best way to resolve problems or conflicts between the perpetrator and the victims by engaging between them directly in order to solve the problems with peaceful means in accordance with Pancasila values of justice. Â The conclusion in this study is the current formulation of the regulations has not accommodated penal mediation as a form of settling disputes outside the criminal justice processes. Penal mediation arrangements in the future must be included in the substantive criminal law, the formal criminal law and the implementation of criminal law. Â Keywords: Construction, Penal Mediation, Pancasila Justice.
FAIR SETTLEMENT RECONSTRUCTION OF PROBLEMATIC CREDIT DISPUTE AT BANK RAKYAT INDONESIA (STUDY CASE AT MEDANSINGAMANGARAJA BRI BRANCH OFFICE)
The role of banking in the economy as the intermediary institution will strengthen the economic structure of a country. Loans extended by the bank to borrowers have risks to be stuck credit such as experienced by banking institutions including Medan Singamangaraja BRI Branch Office. Therefore, the problems in this study are about causes of stuck credit, efforts of the bank business in the implementation of dispute resolution over stuck and problematic credits and the ways of reconstruction of problematic credit dispute at Medan Singamangaraja BRI Branch Office. This research is descriptive empirical jurisdiction, and the research results show that the causes of stuck credit at Medan Singamangaraja BRI Branch Office are due to internal factors (weakness in credit analysis and credit documents, as well as carelessness of bank officer), and external factors (economic and political situation, in the country, and Legal Policy of the Government). Efforts of Medan Singamangaraja BRI Branch Office to anticipate stuck credit are preventively applying the precautionary principle (Prudential Principle) in credit distribution procedures, and repressively through Restructuring, sale of security object of credit under hand, and if the efforts do not yield results, then lines to resolution at courts are chosen, through the State Receivables Affairs Committee. From the results of fair dispute resolution of stuck credit, the reconstructions are as follows: 1. Article 2 of Law No. 7 of 1992 states: "Bank Indonesia in running the banking business is based on economic democracy using the precautionary principle; providing criminal and administrative sanctions to employees who violate the principles of prudence, resulting in stuck credit and causing losses for banks/state 2. To achieve equitable settlement credit dispute, then in the letter of credit agreement a firm clause must be included, that: "In the event of disagreement or dispute settlement of stuck credit occurring between the bank / creditor and the debtor, the parties concerned will choose the best dispute resolution for them through banking mediation, and if they fail, they will take the path of litigation or referral to the State Receivables Affairs Committee " Keywords: Bank, Stuck Credit, Justice Value
RECONSTRUCTION OF THE WASTE MANAGEMENT LAW BASED ON WELFARE VALUE
To achieve the condition of society who live healthy and prosperous in the future, it will be necessary to have a healthy living environment. From the aspect of waste management, the healthy word would mean a condition that would be achieved if the waste can be managed well so that the living environment where human activity there will be clean (Permen PU number: 21 / PRT / M / 2006). Vision of the development of waste management systems of Departemen Pekerjaan Umum dan Perumahan is " Permukiman Sehat Yang Bersih Dari Sampah", it is reflects to achieve of a good condition and healthy environment. In general, according to the Peraturan Menteri PU nomor: 21/PRT/M/2006, the areas that get solid waste services will either be shown to have the following conditions: a.) The society has access to handle the waste that are producted from daily activities, either in living environment, commerce, offices, and other public places, b). The society has a clean living environment because the waste that are produced can be handled properly. c). The society are able to maintain their health because there is no waste that could potentially be material transmission of diseases such as diarrhea, typhoid, dysentery, and others; and environmental disturbances from pollution of air, water or soil. d.) The sociaty and the business / private sector have the opportunity to participate in waste management so as to obtain benefits for welfare. Until now, waste management paradigm used is: GATHERING-TAKING and REMOVING, and the mainstay of a city in resolving problems of waste is landfilling in TPA. The city manager is less likely to give serious attention to the TPA, so came the failure cases of TPA. The city manager seems to assume that their TPA can solve all waste problems, without having to give proportionate attention to these facilities. TPA can be time bomb for the city manager. To achieve optimal waste services, it's time for a paradigm change municipal waste management. Transformative paradigm is the concept of municipal waste management to prevent or minimize the generation of pollution and other negative impacts that are detrimental to society and the environment. According to Witoelar (2006: 2) takes pioneers to change the paradigm of waste management from the approach end of the pipe (end of pipes) that dispose of waste directly to TPA towards waste management with the principles of 3R is Reduce, Reuse and Recycle. In the case of this paradigm change is far behind the other countries. For example, according to Buclet and Olivier waste management paradigm change in most European countries has been started since 1970. The waste management policy emphasis on waste reduction at source, sorting and recycling. A very important starting point in this paradigm change is a change of policy toward the minimization of garbage at the source, rather than on disposal. According to Law No.18 of 2008 on Waste Management, there are two main groups of waste management are: a.) Reduction of waste (waste minimization) consisting of restrictions on the trash, reuse, and recycling, b) Waste management (waste handling ). This condition is emphasized that the main priorities that should be done by all parties is how to reduce waste as much as possible. Part of waste or residue from waste reduction activities remaining is then performed processing (treatment) and heaping (landrilling). Waste management is an important issue in the problems of city environment that is faced in line with population growth and an increase in construction activity. The increase in waste volume grows exponentially which has not been accompanied by an increase in local government revenue equivalent to the management of municipal solid waste (Puslitbang Permukiman, Bandung 2014). This relates to the increasingly difficult and expensive to get the location of the final disposal (TPA), also are located farther away has extended transport and increase the cost of transportation.
RECONSTRUCTION LAW OF PUNISHMENT AGAINST CHILDREN NARCOTICS ABUSE-BASED PROGRESSIVE LAW
Children who do not abuse drugs merely as criminals, but as victims. Second, starting from the thought that children who abuse drugs are also victims, efforts to provide protection for children who abuse drugs is also a priority. This study aims to determine the legal construction of the criminal prosecution against perpetrators of child abusers of narcotics, criminal prosecution against perpetrators of child abusers of narcotics, as well as the reconstruction of criminal law against perpetrators of child abusers of narcotic-based progressive law. This study is normative, ie methods that describe or explain a fact systematically later analysis done legally with the linking of the data and facts obtained convictions related to child abusers of narcotics and associated with the legislation. Reconstruction of sentencing child abusers of narcotics with the principle of diversion and restorative justice with due regard to the principle of the best interests of the child that is no crime to children, through the reconstruction of Article 127 paragraph (1) of Law No. 35 of 2009 by adding provisions stated in Article 127 paragraph ( 1) a, b, and c does not apply to child abusers of narcotics, and every child abusers of narcotics required to undergo medical rehabilitation. it can realize the decision imposing the rehabilitation of child abusers of narcotics as a punishment-based progressive law in realizing the restorative justice. Law enforcement officials must work together and build a shared perception of the protection against child abusers of narcotics. The concept of diversion and restorative justice are two concepts which aims to find an alternative solution to the child offender drug abuse. The concept of diversion undertaken by maximizing the discretion possessed by law enforcement officials who handles children with problems with the law. The concept of restorative justice should be carried out with an understanding of the victim, the perpetrator, the victim's family and the family of the perpetrator and the community to work together to determine appropriate action against the medical rehabilitation of drug abusers of children. Keywords: Punishment, the Child Abuse To Narcotics and Law Progressive
LEGAL PROTECTION PROBLEM OF WIFE AND CHILDREN OF POLYGAMY SIRRI IN INDONESIA
In order to ensure that the marriage of a citizen to the full protection of the State shall be recorded, the marriage already recorded shall in addition to obtaining legal force and assurance of legal certainty shall also ensure the legal rights of both the spouse and the child and of the marriage concerned that. Unmarried marriages will not have any protection and legal guarantees, so married couples and children born from unregistered marriages are always unable to access public services, whereas they are citizens who are constitutionally protected and have no discrimination. The state has given the rules in the form of law or other written regulations to be implemented by its citizens, but the facts on the ground there are still many people who are not obedient, many examples of marriage monogamy or polygamy is not recorded (layman's term called marriage Under the hand / sirri). Parties who are very loss in marriage are not recorded are women and children are born right, because for him does not have a clear legal basis. The purpose of the law is to give goodness and benefit to human beings, referring to the objective of Islamic law that in emergency / dhorury the rights of principle must come to the masses of people (for life, religion, descent, property and soul / mind); Whereas from marriage that is not recorded will be born human also. In principle the fifth principle of right must be owned by humans, then whatever the condition of married citizens are not recorded both monogamy and polygamy should be sought legal solution in order to get their legal protection as a citizen.
IDEAL RECONSTRUCTION OF REHABILITATION PUNISHMENT FOR NARCOTICS ADDICTS AND ABUSER'S VICTIMS JUSTIFIED BASED ON THE LAW OF THE REPUBLIC OF INDONESIA NO. 35 YEAR 2009(CASE STUDY IN SUMATERA UTARA PROVINCE)
The Law of The Republic of Indonesia No. 35 year 2009 article 54 states that every drug addicts and abusers’ victims shall undergo medical rehabilitation and social rehabilitation, affirmed on article 103 that explains the Judge who examines the case of narcotics addicts, may decide to order the concerned to undergo treatment and/or treatment through rehabilitation, if the narcotics addict are proven guilty of a crime of narcotics, or set out to order the concerned to undergo treatment and/or treatment through rehabilitation, if the Narcotics Addict is not found guilty of a crime of Narcotics. For the Law of The Republic of Indonesia No. 35 year 2009 above to be done, a Joint Regulation between 7 (seven) Ministries/Institutions about The Handling of Narcotics Addicts and Abuser’s Victims into Rehabilitation Institutions was made in order to create an equation of perception about the punishment that should be dropped for narcotics addicts and abuser’s victims defendants is for them to be punished or set in to rehabilitation. However, in Sumatera Utara Province the narcotics addicts and abusers victims defendants are obviously set to be imprisoned for 2 – 4 years long, or even more. In other words, the rehabilitation penalty is still so far from expectation compared to imprisonment. The purpose of this script is to acknowledge the obstacles and interferences that cause the Judge to set the narcotics addicts and abuser’s victims defendants into imprisonment more than to order and/or set them out to undergo rehabilitation treatment. It is also to look further to the investigation process by the investigator, continued by the prosecution by the Prosecutor, up until the Judge’s judgement and its implementation in correctional facilities or rehabilitation institutions. Furthermore, the ideal reconstruction that should be done in order to the Law of The Republic of Indonesia No. 35 year 2009 about the narcotics addicts and abuser’s victims to be effectively functionate, where the punishment of the narcotics addicts and abuser’s victims is to be judged or set out to undergo treatment through rehabilitation. The theories used in this research are 1) Grand theory, which is The Theory of Justice, 2) Middle theory, which consists of Theory of Protection and Theory of the Work of Law, 3) Applied Theory, which includes The Theory of The Purpose of Law and The Theory of Progressive Law. The Law of The Republic of Indonesia No. 35 year 2009 is based on justice, therefore it needs some reconstruction on the article 127 so that it would not create any doubt in the action because it is considered to develop ambiguous interpretation due to its indecisiveness that leads it to be the last article of the law in judging the narcotics addicts and abuser’s victims defendants position. The reconstruction of The Law of The Republic of Indonesia No. 35 year 2009 article 127 is expected to deprive the interpretation dualism of the narcotics addicts and abuser’s victims defendants. Keywords : Rekonstruction, Rehabilitation Punishment, Narcotics Addicts and Abuser’s Victims.
IMPLEMENTATION OF ACCELERATION SYSTEMATIC LAND REGISTRATION FULL IN HUMBANG HASUNDUTAN DISTRICT
Land has a very important role for the community as a place of development and also the people's livelihood, especially in the state of Indonesia as the State Agriculture, so that the State Constitution RI Tahun1945 Article 33 paragraph (3) states that: "Earth, water, space, and wealth nature contained in it are controlled by the State and used for the greatest prosperity of the people ". As a follow up of Article 33 paragraph (3) that on September 24, 1960, enacted Law No. 5 of 1960 on Basic Regulation of Agrarian called by its official acronym BAL. Article 19 of Law No. 5 of 1960 stipulates that "to ensure legal certainty by the Government held land registration throughout the territory of the Republic of Indonesia in accordance with the provisions stipulated by Government Regulation", which was followed up with a given title deed as proof and evidence right, because it can ensure legal certainty for everyone. Then BAL is described by the issuance of PP 10 of 1961 on registration of land and replaced by Regulation No. 24 of 1997 on Land Registration Jo Minister of State for Agrarian Affairs / Head of National Land Agency No. 3 of 1997 on the Implementation of Government Regulation No. 24 of 1997 on Land Registration and based on Indonesian Presidential Regulation No. 17 of 2015 of the Ministry of Agricultural and Spatial jo Indonesian Presidential Regulation No. 20 Year 2015 concerning the National Land Agency, the Ministry of Agricultural and Spatial Planning / National Land Agency (KATR / BPN) is assigned to carry out government affairs in the area of land that is responsible to the Coordinating Ministry of Economic Affairs. Mentioned legal certainty in land registration is given a letter of proof of land rights called the title deed to the parties concerned as proof and evidentiary tool for rights to lands that held them. Implementation of registration of land in modern society is the duty of the State carried out by the government for the people's interest in ensuring legal certainty in the field of land. Right to control the state for land, water and air space in Indonesia is the devolution of the elements of the public of the rights of the nation, while the right of the people on the earth, water and air space of Indonesia, is a right of the people of Indonesia, as Haqul of God given to Haqul Adam (Indonesianpeople). That until the moment of registration of land in Indonesia has reached ± 54 (fifty-four) million plot of ± 85 (eighty-five) million parcels of land (data from the Center for Data and Information Land November 11, 2015) because since 1981 carried out land registration the first time en masse on the issuance of certificates of land rights as a letter of proof of the rights which a proofing tool that is powerful, through the Strategic Program as Prona, Agricultural land, fisherman, Micro, Small, Low-Income Communities, redistribution of land, Consolidation Land, Transmigration and others which are land development activities for Indonesian citizens or legal entities / social and religious organizations, preferred to the economically weak to medium. 2017 has been issued Regulation of the Minister of Agriculture of Dan Spatial / Head of National Land Agency Number 1 Year 2017 on the Acceleration of the Implementation of the Land Registration Systematic Full of Changes to the Regulation of the Minister of Agriculture and Spatial Planning / Head of National Land Agency No. 35 Year 2016 on the Acceleration implementation of the land Registry Systematic Complete, which aims to provide legal certainty and legal protection of land rights of the people in a fair and equitable, and promote economic growth in general and the people's economy in particular, as well as reduce the incidence of land disputes in the future so it needs to be accelerated registration complete a systematic land in all regions of the Republic of Indonesia, especially in Humbang Hasundutan.
RECONSTRUCTION OF STATUS AND AUTHORITY OF THE SHARIA COURT IN THE NATIONAL JUDICIAL SYSTEM BASED ON JUSTICE
Article 25 of Law No. 18 of 2001 on Special Autonomy for the Special Province of Aceh as Nanggroe Aceh Darussalam province mandated that the Islamic Law Judicial in Aceh province as part of the national judicial system undertaken by Mahkamah Syar‟iyah (Sharia Courts) free from the influence of any party. For the implementation of these norms, Presidential Decree No. 11 of 2003 specifies Pengadilan Agama (Religious Courts) Â that had existed in the province of Aceh should be converted into Sharia Court and Pengadilan Tinggi Agama (High Courts of Â Religious Courts) in Banda Aceh should be converted into Sharia Court of the Province of Nanggroe Aceh Darussalam. Sharia Court's authority is further stipulated by Aceh Qanun. The provisions of Article 25 of Law No. 18 of 2001 are then confirmed by Article 128 to Article 137 of Law Number 11 Year 2006 concerning the Government of Aceh. Specificity of Sharia Court in Aceh Province, among others, can be seen from its absolute competencies which is based on Islamic law in the national judicial system. Furthermore, Article 128 paragraph (3) of Law Number 11 Year 2006 concerning Aceh Government and Article 49 of the Qanun Aceh Province Number 10 Year 2002 regarding Islamic Law Judicial , make it clear that the absolute competencies of Sharia Court covers judge actions in ahwal al-syakhsiyah field (family law), mu'amalah (civil law) and jinayah (criminal law), which is based on Islamic law. Struggle enforceability instituting Islamic law formally in the province of Aceh in order to have a status in the state administration by law has been successfully agreed with the promulgation of Â Law No. 18 of 2001 and Law No. 11 Year 2006. Granting authority to implement Islamic law, legally embodies the implementation of Law No. 44 of 1999 on Implementation Features Special Province of Aceh. Based on the background of historical studies Sharia Court which is now the place to resolve the problem of Muslims, and in view of the Sharia Court is judicative power under Article 128 paragraph (1) of Law Number 11 Year 2006 concerning Aceh Government included in the environment of religious judicial body under the Supreme Court by Act No. 48 of 2009 on judicial power which stipulates that judicial power is implemented by the four environments of judicial bodies, namely the Public Judicial Body, Religious Judicial Body, Military Judicial Body and State‟s Administrative Judicial Body. Â Occurred a noticeable difference between the two laws in the judicial seat of Islamic law in Aceh in the order of the national judicial system. Law Number 11 Year 2006 seat Islamic Law Judicial as part of the national judicial system in religious judicial body, whereas Law Number 50 Year 2009 seat Islamic Law Judicials as a special court which is in the Â two environmentals of judicial bodies, religious judicial body and public judicial body in accordance with its judicial authority being absolute competence. Settings on the Islamic Law Judicial Â are different from one law with other legislation can lead to differences in interpretations. The differences in interpretation or disharmony of the legislation will result in the emergence of problems at the level of implementation. The problems that have been described above are taken as the reason to do research with the title " Reconstruction of Status and Authority of Sharia Courts in National Judicial System Based on Justice of Islamic Law "
RECONSTRUCTION OF LIABILITY NOTARY PUBLIC OFFICERS TO ACT AS A VALUE-BASED JUSTICE
Notary is a public official who is authorized to make authentic certificates and other authorities referred to in Article 1 (1) of Law No. 30 of 2004. Through the deed he had done, the notary must be able to provide legal certainty to users notary services. Deed made by or before a notary may be authentic proof in providing legal protection to the other parties concerned to the deed regarding the certainty of events or legal actions that do Notary is a professional in his duties should be based on the setting in legislation or code ethics into its internal settings. This research is empirical juridical and socio legal research with constructivism. To answer the question in this study the sociological approach of law. Supervision of the notary in order to uphold the dignity Notary office. Notary responsibility as a public official related to material truth, which is liable to civil Notary of the material truth of the deed he had made; Notary criminally liable for the truth material in deed he made; responsibility Notary Regulation Notary of the material truth in deed that made ;, and responsibility in performing tasks Notary office by a Notary ethical code. Reconstruction accountability Notary as a public official in the deed based on the values of justice through law enforcement against Notary mewujudukan legal certainty based on values of Pancasila, rekonsturksi legal relationship Notary with the parties, the reconstruction of the rights and obligations dissenter Notary, as well as the reconstruction of Article 65 of Law Notary to Notary time limit liability. Suggested to the Notary in their duties must have the precision, which this austerity is acting honestly, thoroughly, independently, impartially, and safeguard the interests of the parties involved in a legal action. Keyword: Accountability, Notary Public, PPAT, Creating Authentic Deed, The Value of Justice.
RECONSTRUCTION OF CONSUMER PROTECTION LAW IN MAKING THE BALANCE BUSINESS BASED BUSINESS AND CONSUMER VALUE OF JUSTICE
The existence of Law No. 8 of 1999 on Consumer Protection guarantee the fulfillment of the rights of consumers to consume goods and services produced by businesses, as well as achieving a balance between consumer and business. Specifications are preskriftif analytical research. This study is a prescriptive offered the concept to solve a problem, highlight something (object) aspired or should be. Is a descriptive analysis, which is to describe all the symptoms and the facts and analyzing the problems that exist in the present. In respect of consumer protection in realizing the balance of businesses and consumers based on values of justice as an effort towards a welfare state based on Pancasila and the Constitution NRI Year 1945 made to the monitoring of the use clause like to give certain restrictions that do not diminish the rights of consumers, the application of strict liability businesses ( strict liability), consumer dispute resolution pursuant to Act No. 8 of 1999, not tort (KUHPdt), and the addition of Article 45 in paragraph (2) which states: in the consumer dispute resolution in civil and criminal can not be charged back, before businesses found not guilty, and Article 63 paragraph (1) reconstructed into: criminal sanctions as referred to in Article 62, can be imposed additional penalties, such as: Deprivation of certain goods; Verdict; Payment of compensation; and the obligation of withdrawal of goods from circulation. Keyword: Consumer Protection, Balance, Businessmen, Consumer, The Value Of Â Justice
RECONSTRUCTION OF LAND USED RIGHT EIGENDOM VALUES BASED ON JUSTICE AND LEGAL CERTAINTY
Eigendom rights is a right over the land west of Indonesia, including the rights of the fallen or been converted, by UUPA. UUPA determines that a conversion limit is per 24 September 1980. This means that the owner of the rights given 20 years to take care of the conversion. If the land is not converted, land rights eiqendom. back into the land controlled by the state. Many people tried to obtain recognition of the former land eigendom rights. Based on the formulation of the problem and research objectives, that the problem of this research included one land law policy in formulating the right to land former eigendom rights. Normative juridical approach used to determine the extent of legal principle, synchronization vertical / horizontal, and systemic law is applied, which is based on secondary data, namely primary legal materials, secondary, and tertiary. The results of the research that the conception of legal land ownership in Indonesia includes a system of feudal land law, land law west by Burgerlijk Wetboek (KUHPdt), customary land laws. Land administration system in Indonesia consists of land administration in the reign of the Netherlands, in the aftermath of independence before the entry into force of the UUPA, and according to the UUPA. Legal certainty of land rights through the conversion of the former eigendom apply for rights under the UUPA. Reconstruction of the right to land the former right eigndom based on values of justice and the rule of law, namely, Article 24 of Government Regulation No. 24 of 1997 reconstructed by adding the provisions of paragraph (3), which reads: That the provisions referred to in paragraph (2) give the right priority to the filing acquire rights on the ground as the provisions of the Basic Agrarian Law. Thereby granting the priority right to apply for rights to land former eigendom rights to public tenants or people who control the land which has been controlled by the state, and because PT. Agra Citra Kharisma has provided compensation to the rights holders of priority, then the PT. Agra Citra Kharisma acquire a priority right to apply for rights eigendom vervording No. 33. That the need of holding a confirmation of the rules governing the rights eigendom lands is to avoid confusion which would certainly harm to all parties, especially the rightsholders on the ground eigendom. Keyword : Land, Justice, Legal Certainly
RECONSTRUCTION OF DIVERSION CONCEPT IN CHILD PROTECTION OF CONFLICT WITH THE LAWS BASED ON THE VALUE OF JUSTICE
A paradigm of punishment for children in Juvenile Criminal Justice System has been changing form retibutive approach toward restorative justice approach.. Diversion is used as an instrument of restorative justice impelementation, Diversion plays dominant role to fix the crime that has done by children. However, not all children have the right to receive diversion. There are the requirements to be applied. Article 7 (2) Law Number 11 of 2012 of Juvenile Criminal Justice System, establish the requirements are under 7 years imprisonment, and not a repetition. The requirements are not reflecting the theory of justice. Children who are threatened by imprisonment over 7 years would not have the right to get diversion. Then, success rate for implementation of diversion is low, it caused by law enforcer can not establish good communication among the parties. In addition, the implementation of diversion is taken place at the police station has contributed as factors of failure of the diversion. Framework in this study is the diversion has become the rights of every child in Juvenile Criminal Justice System, and definition of the diversion should be able to create a paradigm of restorative justice approach in the juvenile criminal justice system. The research method u in this study used doctrinal research method or normative research that study baout law which is drafted and developed by the basis of the doctrine. Based on the study that has been done, the application of diversion based on Law No, 11 of 2012 of Juvenile Criminal Justice System Children is unable to reflect the values of justice, it caused by the requirements, where the approach of restorative justice reflects the principle of justice, as intended by Aristotle in the theory of distributive justice and corrective justice. The conclusion of this research are: First, the protection of children in accommodated in the Law No. 11/2012 of Juvenile Criminal Justice System, but the concepts could not provide the protection in a holistic manner. Secondly, these obstacles (in implementation of diversion) because of culture (retibutive), although the juvenile criminal justice system has adobted teh restorative approach. Third, reconstruction of diversion must be built by the constructing diversion concept paradigm, so every child without exception has the rights to get diversion. Keyword: Divertion Concept, Child Protection, Juvenile Cryminal Justice System
RECONSTRUCTION OF PARATE EXECUTION MORTGAGE RIGHTS TO LAND BASED ON THE VALUE OF JUSTICE
Credit risk in the context of financial institutions is a common occurrence but it has a negative impact if not insurmountable be influential on the soundness of the financial institution. Nevertheless, this risk can be managed and controlled, by way of precaution in terms of lending.1 Therefore, in the granting of credit, the bank must pay attention to the principles of lending right,2 which one of them is through the appraisal (coleteral) in the form of collateral that can be used as protection for creditors (financial institutions) in the event of default or breach of contract. Use of the mortgage institutions by financial institutions as collateral for the credit of the debtor for repayment of debt, considered more a sense of security in terms of lending, compared with provisions on the guarantee in the Civil Code in Article 1131. The weakness in terms of guarantees contained in the provisions of Article 1131 of the Civil Code is very different from the conception of the imposition of bail in the mortgage rights Act which guarantees the imposition of security rights institutions specifically tied and mutually exclusive because it applies only to one creditor only. This legal consequences on the situation in which if the debtor in default, mortgage holders creditors are entitled to sell the object as collateral through public auction in accordance with the provisions of the legislation in question with the right to precede rather than other creditors. Based the provisions of Article 6 of Law No. 4 of 1996 On Mortgage of Land And Objects Relating to Land (hereinafter referred to as UUHT). Takeover of collateral can be done by holders of mortgage without the need to seek prior authorization to the giver mortgag, and do not need to also ask for the establishment of a local court, if want to execute on mortgage as collateral the debt of the debtor in the case of debtor default.3 Mortgage holders may request to the Â Head of Auction Office to the auction on the objects mortgage concerned,4 so this is a new step where before the execution of the deed grosse mortgages can only be done through the execution of the District Court.5 Execution of mortgage, this concept is known in the Code of Civil Code (hereinafter referred to as the Civil Code) is known as parate execution as referred to in Article 1178 of the Civil Code. Based these provisions, the takeover of the collateral in the form of a guarantee can be done by holders of mortgage (creditor) without the need for prior approval to the mortgage providers, when will be the execution of the mortgage which is a guarantee of debt of the debtor in which case the debtor is in default, this concept is known as parate execution which means that people refer to it as the execution is always ready at hand or parate execution.6 In practical implementation, execution parate implementation on the mortgage rights are not clear and even tend to stray far from the principles and doctrines parate execution. This is one of them can be seen in Article 14 paragraph (2) and (3) UUHT, where execution can be carried out on the certificate of mortgages in which includes irahirah with the words : “FOR THE SAKE OF JUSTICE UNDER THE ONE ALMIGHTY GODâ€. Thus, the aforementioned phrase (irah-irah), indicates that the execution of the security object on the ground bound with mortgage understood as execution as grosse acte hypotheek. Other than that, on a general explanation Point 9 of the Act Mortgage stated that the concept of parate execution mortgage referred to in Article 14 paragraph (3) of the law still refers to Article 224 Herziene Indonesisch Reglement (hereinafter abbreviated as HIR). HIR provisions of Article 224 states that : The original letter from the letter of the mortgage and debt securities strengthened in front of a notary in Indonesia and whose head wear the words “On behalf of the Lawâ€, equal magnitude with the judge’s decision, if the letter that should not be kept by peaceful means, then subject it to run held by the command and leadership from chairman of the district court which is in the jurisdiction the person who owes it silent or stay or choose a place of residence in the manner stated in the articles above in this section, but with the understanding that force the body can only be done, if it is allowed by the judge’s decision. If carrying out that decision to be executed at all or in part outside the area of the law courts the chairman ordered to run it, then the rules in Article 195 second paragraph and the next one followed. This condition caused multiple interpretations are not contradictory between Article 6 jo. Article 20 Paragraph (1) Clause (a) of the Act Mortgage, Article 14 paragraph (3) and Point 9 General Explanation Mortgage Act. This condition eventually making the principles of simplicity and legal certainty parate execution of mortgage not be achieved because eventually the creditor, in this case the holders of mortgage, can not run execution of mortgage easily, in accordance with the ideals of the establishment of the Act Mortgage as stated in the General Explanation of Mortgage Rights Act.
THE RECONSTRUCTION OF DIVORCE DUE TO MARITAL STATUS UNDER THE UNAUTHORIZED GUARDIAN AS VALUE OF JUSTICE
A marriage due to an unlawful guardian must be canceled, but often divorce of unlawful guardianship is decided by divorce and talaq, this is not in accordance with the value of justice as in the 5th principle of Pancasila and the Constitution of the Republic of Indonesia. So the authors intend to reconstruct it, by formulating the problem, 1. How is the divorce proceeding in marriage due to the current illegitimate legal status of a guardian? "2. How is the effect of divorce on marriage due to the current unauthorized legal status of guardians ?, 3. What is the legal reconstruction Divorce on marriage due to the status of unlawful guardians of justice value ?, This article uses a qualitative approach, socio legal research, then researchers use the theory of justice as Grand Theory, Law Enforcement as Middle Theory and Legal Protection as Application Theory, As for the reconstruction is to answer the formula The above problem, namely: 1. the implementation of the cancellation of marriage today is when the submission is canceled then the decision is the marriage was decided by divorce, sometimes the filing of divorce / divorce is not investigated in advance whether there is a status of unlawful guardian or not. 2. The answer is the effect of divorce on marriage that there is an illegal guardian's status, if the divorce is decided then the rights demanded back, or other rights not delivered, because if the trial in the form of divorce, usually one of the defendants / requested did not come . Consequently a. The cancellation of marriage must be synchronized with Article 26 of the Marriage Act No. 1 of 1974, which is intended when the cancellation must be in accordance with the juridical reasons, b. For those who already have a marriage certificate, can not be canceled but must be repeated marriage, or ordinary divorce, c.In the cancellation should be examined exactly why the status of guardians is not valid, if due to deliberate from the woman then still said divorce, d.Dalam trial divorce Or talak, if after examined there are unlawful guardians, it must be decided cancellation of marriage not divorce. Keywords: Reconstruction, Divorce, Guardian, Unlawful
THE RECONSTRUCTION OF LEGAL AID LAW FOR CHILDREN WHO GETCONFLICT WITH LAW IN PROCESS OF JUSTIFICATION FOR CHILDRENBASED ON THE VALUE OF PANCASILA
Indonesia country is a constitutional Â which is coming from the law number three/ MPR / 2000 about the law an the order of rules of law. Chapter 28D verse one stated “everyone has a right in testimonial, guarantee, protection, and the law which must be fair and have the same treatment in law. Constitution has given the guarantee that all of society, will not be treated discriminatively and forbid the human right based on the chapter 28 verse 2 stated “everyone has a right to be free from the discriminated action and get the protection for the Â discriminative things. Â Pancasila as the ideology and the rules of social live in Indonesia has become a priority with the vision to guarantee the process of life and nation character, in order all of Indonesian society has aright to get law protection, therefore the little children. Â Some helps from law for children who get conflict with law, the treatment be difference with adults, children have no ability to protect their own right, many side convince their live, the country and society have importance to protect children. Based on the abstract above , so the problem study is formulated below : 1. How the setting of legal aid the children who have conflict with law in the process of children law is positive right now? 2. How is the application of legal aid the children who have the conflict with law is positive nowadays? 3. How is the reconstruction of legal aid for children who have the conflict with the law in process of legalization for children based on the value of Â Pancasila? Based an Soerjono Soekanto, the base of theory is using paradigm. Where the paradigm is divided in two three kind, they are : 1. Paradigm means law, 2.) paradigm differenciate law, 3.) paradigm as the laws order sector. The kind of research is a sociological yuridis law research or empirical yurudis. According to kirk and miller, the qualitative research is a certain tradition in social science fundamentally depended on the observation of human in the region and term. According to sugiyono the method of qualitative is suitable to be used in the research which the problem is unclean, and it is being done in the narrow social situation, so the result of this research will be deeper. According to Soerjono Soekanto the qualitative Â approach is actually the research which result is descriptive. Â The research uses the social legal research approach, tamahana states that socio-legal studied is given to law and society studies. Based on F.X. Adji samekto, social legal studies form the law as norm and reality, researcher in socio legal studies demand the controller of law which have been built in the knowledge of law it self ( as the apriory law and unlimited of values), and the domination of how theories work. As the consequen which look at as a reality. Â The location of research is in Medan city (the court of law grade 1A, Medan, the office of public prosecutor, resort police office medan, PERADI). This research uses the primary data and secondary data and the object of tertiery law. Â The technique of data collecting has been done by observation and interview with the key informan whom have been decided by researcher based on the charasteristic of research. To get the accurate data, it needs sampling distribution and random decision whether it is simple and more difficult. Â The respondents whom will be asked are law practitioner and advocates, policeman, lawyer, public prosecutor. Meanwhile the collecting of secondary data, is being done by library research (documentation) that is a chronological way to find out the data by reading, analyzing, classifying and being done by the understanding of law as reflected in rules, the literature which is relevant with the problems. Â The technique of analysis with the primary data, the researcher uses the technique of data analysis and type is strauss and J.Corbin, by analyzing the data since the researcher was in the field. Then Â the researcher arranges the category of the data in term on theme. After the data has been given the validation, the researcher did the reconstruction and analysis with the qualitative inductive to answer the problem. Â The technique of validation has a purpose to know the validity of data which has been got in the research. The technique which is used is triangulation for the source, they are : 1. By comparing the data which has been taken from observation with the data which has been taken form the result of interview with the informant. 2. By doing the comparison between perception, point of view and general opinion and the opinion research. 3. By comparing the result of interview with library research after the triangulation process done. The researcher will decide the valid data which will be used as a material for research. Â The grand theory which is used in this dissertation is the theory of justice. 1. John Rawls theory about justice. Â Based on john rawls in the book of “ a theory of justice “ explains the theory of social Â condition as the difference principl, is the social difference and economy must be settled to give a benefit for them who are not lucky. The term of social economy different in the different principal to answer. The difference in prospect of someone to get the element of welfare income and authority. Meanwhile the principal of fair equality of opportunity shows them who have low chance to achieve the prospect of wealth, authority and income. Themselves must be given the special protection. 2. John Stuart Mill’s Justice Theory Â Based on john stuart mill’s idea of utilitarianism, there are two kinds. They are happiness and truth. Mill stated the happiness and the truth as the assumption which the base of thinking about justice based on utilitarian perspective. Mill stated the purpose of life is the happiness and there is no pain, but mill stated that the justice is not sui generis because depended on functions. Mills approach through the justice is placed in analysis about logics and morality sense, started from the unfair things in society and it build is the universal concept to analyze it. Mills stated the justice theory which is separated from the function prosecution. 3. The theory of Pancasila justice Â Pancasila is the philosophy for Indonesian country and laws of 1945 is source of law for all of rules of Indonesian laws. Laws manage every single life is element in a nation. So the justice can be built continuously and it has purpose for country to achieve welfare of society. One of nation purpose is to create the justice for everyone, that thing consist in the second part and fifth in pancasila. As well as can be seen in the principal of thought in UUD NRI 1945 and country is willing to create the social justice for all of people in Indonesia. 4. The theory of restorative Â The restorative justice is a form of justice which is centered for the need of victim, the criminals and society. The approach of restorative justice is a paradigm to be used as a strategy and frame in handling crime problems which answer the dissatisfaction of justice system of criminal nowadays. The restorative approach is assumed as the changing of model and mechanism which work in the justice system in handling the problems of criminal nowadays. The middle theory is the system law theory of Lawrence M. Friedman. As a system, friedman divides the system of law into the three element, they are: a. Legal structure, b. Legal substance, c. Legal culture. Friedman states the law can not be straighten if there is no credible law upholder, competent and also independent. The weak of mentality in laws upholder cause the inability to straight up the law as well. The dissertation applied theory uses the progressive theory, the concept of progressive law was born and developing from the dissatisfaction feeling from the expert of law through the theory and traditional law practice which develop and criticize the asymmetrical between law and theory ( law in books) with the law in action, and the failure from law in giving the respon through the problems which happened in society. The progressive law is started from the basic assumption, law is the institution which has a purpose to transport the human in to the balance life, wealth and make the human get the happiness. Law it self does not reflect the law as the absolute and final, but is decided by it is ability to serve human. Characteristic of progressive law based on satjipto rahardjo is : law is presented to serve the society. a.) progressive law will be still exist because the law will always be on it is position as the law in the making and will not be final as long as human present, so the progressive law will always be exist to arrange to life of society. b.) in progressive law, the ethnic and humanity moral will be very strong, which will give the respon for the developing and human needs and serve the justice and wealth. Â The process of green table of children who have conflict with law in the civil court of law based on the reguirement of chapter 5 2/ till chapter 62 laws numb 11, 2012 about the system of Â Crime Judicature. In the court of law, ist class in Medan, the process of green table for children who hare the conflikt with law based on the reguiremen of law is the laws numb 11, 2012 about system of crime judicature of children and KUHAP.
MEDIATION RECONSTRUCTION AS ONE OF THE ALTERNATIVE SETTLEMENT OF DECLINE IN THE COURTS BASED ON THE VALUE OF JUSTICE (Study at the Simalungun District Court)
PERMA No. 1 of 2008 on court mediation procedure is a refinement of the PERMA No. 1 of 2003, concerning the mediation procedure in court. Alternative dispute resolution through mediation aimed at creating a connection or a direct connection between the parties to have the dispute. Based on the above, mediation plays an important role, but in fact the success rate of mediation in court is still very low. I researched this research establishes, that the main problem of the effectiveness of mediation in the District Court in Simalungun and Pematangsiantar, obstacles encountered in the implementation of mediation in state court in the implementation of the mediation solution. The method used in this study is an empirical sociological research study to determine the Effectiveness of law from the perspective of the nature of this research is descriptive. The results of this study show that the effectiveness of mediation is still low to solve dispute. Obstacles encountered in the implementation of mediation in court because the parties did not understand the goodness and benefits of mediation, the role of Advocates less supportive and limitations of a mediator professionals besides facilities mediation process and efforts to overcome it by pursuing the room and mediators were appointed based on considered able to explain the process mediation, and the factors that most substances is the factor structure of the law, legal factors and cultural factors of law, the solution in the implementation of mediation in court additional is expected establishment of the implementation of training and education to become mediators area so as to facilitate legal practitioners, legal academics and legal scholars gain training and education to be a mediator, that mediation can work as expected. Keywords: Mediation, One Alternative, Dispute
POLYGAMIC POLICY IN INDONESIA (Analysis of Polygamic Arrangements and Practices 1959-2015)
In essence, marriage is a sense of love, obligation, the fulfillment of sexual desire and resuming the descent. In Islam, a sense of love is the first pillar of a marriage. One principle of marriage is monogamy principle, where a man can have only one wife and vice versa (in time). Monogamy principle here is open or not absolute. These properties are not absolute monogamy principle set forth in article 2, paragraph 2, 4 and 5 of paragraph (1) of Law No. 1 of 1974 concerning marriage and regulated in article 55, paragraph 56 (1), 57 Compilation of Islamic Law; in fact, regulated, also in the Koran, that Q.S. An-Nissa paragraph 3. The term of polygamy itself is a term that is often present in everyday life. The term polygamy has a close relationship with marriage, both in new families and families who have been doing weddings Formulation of the problems discussed in this dissertation as follows: 1) How does the construction of polygamy laws and procedures set out in the legislation in Indonesia since the year 1959 to 2015? 2) How does the practice of polygamy since 1959-2015? 3) How is the reconstruction of polygamy ideal setting in the future? The method used in this research is using socio legal reserch method or can be called a sociological juridical approach. Constructivism paradigm is the paradigm of a social reality where truth is seen as socially constructed, and the truth of a social reality is relative. The results of this study were 1) the provisions laid down concerning the setting of polygamy in Indonesia as the basis of the implementation of polygamous marriage contained in the Act No. 1 Year 1974 on Marriage, KHI and government regulation No. 9 of 1975 concerning the Implementing Regulations of Law No. 1 Year 1974 on Marriage, then it is very optimistic and believes that the prospect of polygamy is getting better, and opens the possibility of polygamy for highly skilled and have a sincere intention for happiness and prosperity. 2) The debate is getting better when the draft law on marriage proposed to become law. Finally, after a long debate, monogamous finally set to be one of the principles but with an exception for people who are under the law and allowed to take more of a religion. 3) The doctrine of polygamy after the entry of the Prophet Muhammad and Islam became more orderly and has provisions in its implementation. A husband and wife have a maximum of only limited amounts to four people with the terms and conditions when it is able to be fair and able to provide maintenance to his wives. If a husband is not able to be fair and not be able to give birth to a living wives then it is better for a man married is only one person. Keywords: Polygamy, Polygamy Rules, Practice Polygamy in Indonesia
LAW ENFORCEMENT AGAINST CORRUPTION IN PERSPECTIVE OF HUMAN RIGHTS IN INDONESIA
Corruption has a correlation with Human Rights (HAM) correlations are both very clear, because in almost all cases of corruption, directly or indirectly, will be followed by human rights violations. Acts of corruption always starts from the abuse of power, which means that the perpetrators of corruption are usually carried out by the holders of power. In other words, that the deviant act committed by the bureaucracy in the form of corruption, can create misery for poor people in a country. That means the act of corruption has taken place the deprivation of the rights of the public on the economic, social and cultural, that means there has been a violation of Human Rights.
THE PRINCIPLE OF NATURAL JUSTICE AND HUMAN’S RIGHT PROTECTION FOR CITIZENS IN ERADICATION OF CORRUPTION IN INDONESIA
There are 550 corruption cases in Indonesia until 25th of February 2016. This number is increasing by the years. This research is meant to find the principal of natural justice and humans’ right protection in corruption eradication. This study is a legal study with statute and conceptual approach. The application of the Act no 31, 1999 related to Humans’ Right and The Act No 28, 1999 related to a clean and corruption, collusion and nepotism free of State Implementation. The collocation of the Act No 31/1999 were influenced by the reformation spirits with respect toward humans right (HAM) whether it is related to deviated action done by bureaucracy apparatus in the form of corruption, has caused the lower society to suffer in this country. This State Implementation action has caused the violation of Human’s Right in economy, social as well as culture as stated in the Act no 31, 1999 and 1945 Constitution. The Act no 28, 1999 related to a clean and corruption, collusion and nepotism free State Implementation stated that the implementation of the principle of natural justice are law assurance, orderly state implementation, public interest, openness, proposisionalism, professionalism, and accountability foundation will be one way to give protection of justice for the citizens toward the state implementation action. The implementation of a principal of natural justice and the maintenance of Human’s right is also a way to eradicate corruption crime in Indonesia. This paper recommends firstly to the government to be consistent to implement the principal of natural justice based on the Act no 28, 1999 related to a clean and corruption, collusion, and nepotism-free state implementation. Secondly, the maintenance of the Act No 31, 1999 related to Human’s Right as a step to eradicate corruption Keywords: The Principle of Natural Justice, Human’s Right, Corruption
PREVENTING LAND MAFIA USING POSITIVE LAND REGISTRY SYSTEM
Registration of land nowadays is in the form of publication from negative toward positive, meaning land certificate as the strongest proof of legal ownership still can be aborted by other parties who could provide stronger legitimate proves of ownership. The main problem is that the data that being used as basic of land registration is out date, never been upgrade and in less orderly administration. The land parcel data is kept and being held secretly by the village head and government official. This disorder condition is being used by the land mafia and the corrupted official to their advantages. Such conditions are very disadvantages for landowners because there is no legal certainty and justice resulted in land disputes. In many cases, double land certificate occurred. As a final result it is hard for the government to do land acquisitions for country development. The solution for this problem is by doing a positive land registry system. This system will obtain the real accurate data parcel in the field. To be able to provide an accurate updated data, it is must be done by empower cooperation between governmental village administration, village official and villagers themselves. All plots of land boundary in the village is marked and mapped by shareholders, recorded, verified, announced and later be approved as the real data parcel plotted by villager (contradiktur delimitation). All of the process supervised by the government land officials that later can be legalized by the court. This positive land registration system gives strongest complete evidences that cannot be overturned by a judge in the court. Keywords : Preventing, Land Mafia, Positive Land, Registry System.
UNRULY PASSENGER IN AVIATION: THE REGULATIONS AND CASES IN INDONESIA
Many unexpected problems can occur in aviation, whether in flights or at the airports. One of them is the existence of unruly passengers or disruptive passengers. Unruly passengers are only a minority when compared with the rest of passengers around the world. But these kinds of behaviors will bring serious consequences on the safety of other passengers and crews on board. Therefore, there must be regulations that firmly set on sanctions and punishment for the perpetrators. Â The international regulations on unruly passenger are Convention on Offences and Certain Other Acts Committed on Board Aircraft signed at Tokyo on 14 September 1963, and Protocol to Amend the Convention on Offences and Certain Other Acts Committed on Board Aircraft. And the Indonesian regulations are the Act No. 2 of 1976 concerning the Ratification of the Tokyo Convention 1963, The Hague Convention of 1970, and Montreal Convention of 1971, the Penal Code (KUHP), and Act No. 1 of 2009 concerning Civil Aviation. Unruly passenger can perform any kinds of unruly/disruptive behaviors, and is taken seriously by the authorities. Because it threatened aviation safety, and also cause negative impacts, both for the airlines and for the other passengers. This resulted in huge losses for airlines, mainly in term of operational costs. As for the other passengers, this incident can cause an inconvenience feeling during the flight, and also a delay arriving at their destination. Â So the perpetrators must go through legal procedures and subject to sanctions in accordance with the applicable law in Indonesia. Keywords: unruly passenger, regulations and cases in Indonesia
EDUCATION ANTI-CORRUPTION IN INDONESIA: PROBLEMS, CHALLENGES AND SOLUTIONS
Nowdays corruption has been being a culture.Corruption has poisoned almost all institution not only public but also private institutions and become prevalent when we watch it on television every day. People are not surprised when they know or watch on television that some leaders of this country have committed corruption. Corruption has spread out endemicly and systemically. However, if we look back on the first process of corruption, it may be concluded that education isthe main factor of corruption. Education actually starts from family, then school, and the society must collectively perform a civilizing fair and honest behavior, or in other words anti-corruption education. It must be implemented to reduce this endemic problem. It needs a national movement to implement the anti-corruption education and it starts from education. Based on the above background, the author formulated the problem as follows. 1) How is the implementation of anti-corruption education in Universityeducation? 2) How is the important role of early anti-corruption education in preventing corruption? 3) What is the obstacle and effort in combating corruption? This study is based on a normative juridical approach, because this study is the legal research doctrinaire which is also known as library research or document studieswhich is only done or shown the written rules or other legal materials. Anti-corruption education becomes very important as the systematic and massive efforts in building a new civilization of education. Education is a guidance for young people and one of good idea in this corruption case is the implementation of anti-corruption education in the nation character education in Indonesia. Keywords: Education, Anti-Corruption
SPIRITUAL URGENCY OF RELIGIOUS AND EXPENSES OF EVIDENCE IN COMBATING CORRUPTION IN INDONESIA
In 1950 - an A Psychologist Erich Fromm says about the most basic things, which should grasp man in her life. In his formulation, that humans have a life orientation that focuses on attaining human qualities (being oriented). Life should not be obsessed just want to reach the attributes of life, such as job title, wealth, or position in the social strata (having oriented). The sudden rise to the surface of the case - a case of corruption involving officials of Law Enforcement and Public Officials, giving an indication that the authority and power, provide opportunities for corruption. The eradication of corruption, must be done comprehensively, because corruption is an extraordinary crime. Eradication of corruption should start from the stage of the prevention / preventive measures, namely the one with the religious spiritual practice. As for the law enforcement phase / repressive measures, that the burden of proof in the trial in court, should be borne by the defendant, and no longer charged to the prosecutor. Prosecutors just enough to make the accusation that the defendant committed the crime of corruption, and it is the defendant who must prove that the defendant is not guilty of corruption .It is called the burden of proof is reversed. Reversal system of the burden of proof, is one way, which can contribute to reduce the number of perpetrators of corruption. During this time, prosecutors had to fight to prove the charges. While the defendant has the right to prove that the property is acquired not from corruption. Because it is only a right and not an obligation, then the defendant can not conduct verification or proof. Therefore, it is necessary juridical changes in the procedural law of evidence for corruption, namely that the burden of proof should and must be done by the defendant, no longer by the Attorney. Based on the description above, there are two (2) issues to be discussed are: 1) How do I make an effort - preventive efforts in the prevention of corruption in Indonesia? and 2) Is the burden of proof reversed, will be able to contribute in reducing the number of perpetrators of corruption in Indonesia?. By discussing the two (2) to these problems, are expected to provide a way out, in efforts to prevent and eradicate corruption in Indonesia, making Indonesia free of corruption is expected by 2020. Keywords: power, corruption, religious spiritual, the burden of proof.
SUE FOR THE STATE ADMINISTRATION OF JUSTICE IN INDONESIA
In the welfare state, the duty of the Government is not limited to the implementation of law, but also it is burdened by the obligation to hold public interest. The Government, in executing the duty, has an active role to interfere in people's lives because it sometimes arises a clash among them. Realizing the government's active role in intervening in public life, the government is preparing for the steps to cope with the emergence of misunderstanding / disputes in the state administration between the government and its citizens by forming the State Administration of Justice (PTUN)). With this justice, it is expected that the officials can carry out their duties properly so as to realize good governance, and able to protect the public interest. However, the State Administration of Justice can be said not tosuccessfully perform their functions, as there are still many obstacles faced by justice seekers in the field of state administration. Some of the obstacles to be faced among others are : in terms of setting it in the legislation, related to the deadline for filing a lawsuit, the disputed object, the subject matter is placed as a defendant. In the case of State Administration of Justice locations, which are still minimal in number, the execution of it is still difficult to be implemented because there is no special executorial institution or institutions in implementing the State Administration of Justice ruling sanctions, lack of awareness of the state administrative officials to obey the State Administration of Justice’s decision, and the absence of more detailed provisions about the sanctions if the decision is not implemented. Keywords : Disputes, State Administration of Justice, Indonesia, obstacles.
CONSISTENCY MODEL OF COURT DESIGNATION TO FOSTER PARENT RIGHTS AUTHORITY DUE TO DIVORCE ON CHILDREN
This paper is entitled " The Consistency Model of Court Designation to Foster Parent Rights Authority Due to Divorce on Childern" is the result of research competitive grants funded by the Ministry of Research and Technology. This study found a model: "BP4 Friends of Children". BP4 is an Advisory Board, Development, Preservation of Marriage, which has activities that aims to reduce the number of divorces. In the passage of time, the role of BP4 increases, which also carries out advisory couples who file for divorce / divorce in religious court. This activity is considered highly strategic in order to reduce the divorce rate. However, in case they are unsuccessful, then the role of a mediator BP4 needs to be optimized for husband and wife to make children care power of attorney agreement. Results of power agreement children custody rights set forth in the minutes that can be used as the basis for the judge in making the determination of rights of custody of the children's power of divorce. Therefore, it is necessary to provide strengthening the role of BP4. The reinforcement is in the form of policy formulation "BP4 Friends of Children", which regulates BP4 role as a mediator for a husband and wife who file for divorce / divorce in making children care power of attorney agreement. Keywords: BP4 Friends of Children, children care power of attorney.
AN INVESTIGATION AUTHORITY OF CRIMINAL ACT ON CORRUPTION IN CRIMINAL JUSTICE SYSTEM IN INDONESIA
Investigation of corruption, requires special provisions nonscheduled general criminal law. Investigation of corruption that were previously carried out by the police or the prosecutor's office, it turns out in practice raises legal issues at the level of implementation. Therefore, the establishment of the Corruption Eradication Commission (KPK) is going forward in the study referred to by the Commission through Act No. 30 of 2002 as an independent agency is expected to help accelerate the eradication of corruption in Indonesia. Establishment of the Commission resulted in differences in investigation and prosecution of corruption, has been authorized to investigate the criminal acts of corruption only at the police investigators and prosecutors, now compounded one another institution which has the authority investigation in Indonesia, namely the Commission. Investigator Police authority in the investigation of corruption offenses based on Law No. 8 of 1981 on the Law of Criminal Procedure Code and Law No. 2 of 2002 on the Police, while the authority of the Attorney Investigator by the Criminal Procedure Code and the Law No.16 of 2004 on the Prosecutor and Law No. 28 of 1999 on Corruption, Collusion and Nepotism and Act 8 of 2010 on Money Laundering. KPK investigators and the authority under the Act No. 30 of 2002 on Corruption Eradication Commission . Giving investigative authority at 3 above institutions (police investigation, prosecutor investigators and the KPK investigators) turned in its implementation raises several issues, among others, 1) differences in interpretation of the respective authorities of investigating corruption, 2) the willingness of the parties to protect fellow colleagues who indicated to corruption, 3) lack of coordination among the three agencies authorized to conduct the investigation corruption itself. This could hamper the acceleration of the eradication of corruption in Indonesia. Therefore it is necessary to do further research to find a model investigation of corruption are ideal to be applied in the Indonesian criminal justice system, which is expected to be able to help accelerate the eradication of corruption itself Keywords : Authorities, Investigation of Corruption, the Criminal Justice System Indonesia
PRO CONS THE EXISTENCE OF DEATH PENALTY IN CORRUPTION ACT OF 1999 IN INDONESIA
Indonesia has 71 years building his conduct on the basis of civilization and cultural independence of the nation whose ideology Pancasila and the 1945 Constitution ideals to be realized is the realization of just and prosperous life of a nation that material and spiritual / devoted to God aimed as much as possible for the prosperity of the people. In realizing this, the problem of corruption is the biggest development and welfare of the Indonesian people. The lack of deterrent effect of criminal sanctions for the culprit causing the proliferation of perpetrators of corruption on all fronts. Under penalty of death penalty for perpetrators of corruption is considered to be one of the solutions deterrent for the perpetrators. Rules of the death penalty for perpetrators of corruption still causes a lot of pros and cons on the premises. In connection with this, this paper will outline the pros and cons of the existence of the implementation of the death penalty to cases of corruption in Indonesia.
PENAL MEDIATION IN SOLVING MEDICAL MALPRACTICE CASES AS AN ALTERNATIVE OF PENAL SANCTIONS BASED ON LOCAL WISDOM
In the 1945 Constitution of Indonesia’s preamble, it is stated that in order to form a government of Indonesia, a legal system based on the values of Pancasila is formulated. 1945 Constitution of Indonesia itself becomes the basic law in formulating a rational effort in solving crimes. In other words, the penal policies in Indonesia must also be based on the values of Pancasila in social policies contained in the 1945 Constitution of Indonesia. The formulation of the Bill of Penal Code begins with "the idea of a balance" between the interests of society and individual interests; recognition of the law which serves as a source of law in addition to Act, even justice is served not only by law, but also based on the guidance of the Almighty. Why is Penal Mediation able to be selected to complete the culpa offense case, especially medical malpractice? Mediation is a way of settling penal disputes outside of law in accordance with the desired way the community in resolving the case, namely the peaceful deliberations. Penal mediation gives space to bring the victim and the perpetrators of penal acts together, so that the interests of both parties can be accommodated. Long before the developed countries thought of ADR and policies in a limited and selective use of penal sanctions, the Indonesian people are already familiar with their local wisdom resolve any conflict with deliberations. Keywords: penal-mediation, medical malpractice, local-wisdom
SPECIAL PROTECTION OF CHILDREN IN CRIMINAL JUSTICE SYSTEM
Children in action to behave and act unlawful could harm himself or society. Law No. 11 Year 2012 on Child Criminal Justice System is designed to protect and nurture children in order to meet a better future, because children must be nurtured in order to obtain their identity to prepare the human being independent and responsible. Thus the very comprehensive in placing the child's position in law, so that the entire law enforcement authorities are involved to participate and solve the problem child, be it the police in conducting investigations and inquiries as well as the Public Prosecutor to prosecute and judge in checking on the court is required to understand the problem of child by following a court education of children, as did the Advocate also demanded to know the problem of child. The case of a child who commits an offense or as victims or witnesses are entitled to all the protections and have exclusive rights to the best interests of the child in the process of condemnation as a last resort. Pursued by way of Diversion and Restorative Justice through, in order to give justice to the victims and the two sides to be able to forgive each other and there was no grudge between them, with the provision of compensation is the emphasis back to its original state and not retaliation. All parties related to the crime of child sit together to resolve the issue amicably and to think about how to overcome the consequences in the future, so will each get justice in accordance justice contained in the precepts and to 2 to 5 of Pancasila is justice with dignity that is humanizing. In the case of criminal case a child should do more in the conference and had the child shouldbe detained, then within 25 days of indictment Public Prosecutor has been delegated to the Juvenile Court and placed in detention Children Special Construction Agency (LPKA). In the course of the trial judges, prosecutors and lawyers are not allowed to wear a toga, but ordinary clothes, while children must be accompanied by parent / guardian and Professional Social Workers. Keywords : Special Protection, Child, crime.
MORAL REFORM BUREAUCRACY AS PREVENTION OF ILLEGAL PAYMENTS TO INDONESIA CLEAN OF CORRUPTION
Starting the third year of his term, President Joko Widodo launch OPP package (Operation Combating Extortion). The spirit of the eradication of extortion seem so terrible. But until now still many findings in the community, if not more entrenched but membudidaya. Illegal Payments or extortion is charging fees in place that should not be charged or levied. Law enforcement to combat illegal payments related to the abuse of office or authority has stipulated in Article 3 of Law Corruption Law 31 Year 1999 jo Law No. 20 of 2001. Occupation (occupation), which also contained a number of power and authority became the main instrument of the possibility of evil. The law with the problem that arises is how the law works to realize the clean state of the culture korupsi.Metode used is normative and sociological approach that looks at the effectiveness of the operation of the Act with symptoms, behavior, and law enforcement by using the Law of Development Theory that the law of view the overall principles and rules that govern the lives of the people in it, including institutions and legal processes to realize it in reality purpose is to build mental, moral character and state officials (officials) are anti-corrupt. Build law not only limited commitment, but as a means to change attitudes and ways of thinking and behavior bureaucratic apparatus and society together. Because a result like this causes a decrease in the level of public confidence in the law, effect on lazy to work, officials absent from their duties. Law enforcement eradication of extortion there must be effective support and commitment from all stakeholders, communicated effectively, control the decisive, strong integrity officers to combat complaints of extortion by creating a network of central and regional level that seriously responded via online. Moral renewal of man as a supervisor and perpetrator eradication of extortion to create good governance and a prosperous society. Keywords : corruption, extortion, renewal bureaucracy
STANCE AND AUTHORITY OF PEOPLE’S CONSULTATIVE ASSEMBLY DURING REFORMATION ERA
One of the state-level institution within the governance system of the Republic Of Indonesia is the People’s Consultative Assembly (hereinafter, “MPR RIâ€, “the MPR’). Prior to the amendment of the Constitution of 1945 (hereinafter, “UUD 1945) during the early period of Reformation (1999-2002), the stance of MPR is considered as the highest state level institution in Indonesia empowered with a very broad authority. Based on the idea within the Article 1 sub article (2) of UUD 1945, the understanding as explained in the General Explanatory of UUD 1945 strengthened by the Presidential Decree dated 5 July 1959 as an inseparable part of the UUD 1945, mentioning that the President is responsible to the MPR. Thus, it is to be understood that MPR is the highest institution, or known as the highest state-level institution, so it is common to say that the existence of said institution is to be ruled in the very first part of the UUD 1945.2 The positioning of MPR RI as the highest state-level institution is strengthened by the TAP MPRÂ Nomor IV/MPR/1973 regarding the Stance and Relation amongst the Highest State-Level Institutions with/or Interrelation of Highest State-Level Institution.3 The amendment of the UUD 1945 in the early reformation era, 1992-2002 had changed the very basic ground of the governance system of Indonesia, including the stance of MPR. Through said changes, the MPR is no longer placed as the highest state-level institution to execute the sovereignty of the nation [Article 1 sub article (2)]. It means that the MPR is no longer the source/institution of the state’s highest authority that distributes the authority to the other state-level instituions.4 In regard to this notion, Jimly Asshiddiqqie establishes that subsequent to the amendment of the UUD 1945, “Highest State-Levelâ€ institution is no longer acknowledged. In accordance with the doctrine of separation of power within the principle of checks and balances amongst the branches of state’s authority, MPR has the equal position to the other state-level institution.5 The amendment of constitution is to be seen as the changes of fundamental aspects of governance system, from the vertical-hierarchy system with the principal of supremacy of MPR down to the horizontal-functional principal that balances and checks amongst the state institution.6 The Chief of Central Representative Body (DPP) Golkar Party, Aburizal Bakrie suggested that Golkar desired to have a platform that can accommodate the people of Indonesia for the next 25, 50 and up to 100 years. He suggested, due to the absent of GBHNÂ hence the national policy-making process is lied upon the Presidential domain of work and can only reach maximum 5 years of service period. Even if said President is to be re-elected for the next five years of service period, the maximum range will only be extended to 10 years. This 10 years range is deemed too short to set out the national development plan. Hence, it is highly needed to have a national program for long term period for any Ruling President.7 From said explanation regarding the platform, it can be understood that Golkar Party wanted to have the GBHN re-implemented. In the end of service period of MPR members of 2009-2014 period, the MPR set out a General Assembly (GA) Meeting in the end of September 2014 in Jakarta. The results of the Ad Hoc II BP MPR that was validated by the GA are the seven recommendations of the next period of MPR. Said recommendations are the changes of UUD 1945 to strengthen the role of MPR as the institution in amending, establish and to elucidate the UUD 1945.8 In full, the recommendation of the Research Team of Governance System of Indonesia – MPR is “to strengthen the MPR as the state’s institution which has the highest authority in amending, establishing, elucidating the UUD and to give a directive of national policy to the other state’s institutions.â€9
State need expense to construction and welfare their people, for that the state revenue are needed. In Islamic law there are revenue that can be done through alms and taxes. But in the tax collection implementation, Islamic law had been giving a clear guidance either for Muslims or non Muslims. According to the scholars, the tax collection are allowed of it fulfill three criteria, that is: (1) taxes because to fund expenditure that are really needed to realized Maqasid Syariah; (2) the tax burden should not be to stiff to everyone capable to pay; (3) tax funds that has been collected are spent honestly for a good cause. There is a responsibility for Muslims to pay taxes if the treasury fund need it or empty. Those responsibilities are as a devotion to ulil amri, as stated in An-Nisa letter verse 59, which means: “O believer, obey Allah and obey his Prophets and ulil amri amongst you. Then if you different in opinions about something, then give him him back to Allah (Al quran) and Prophet (his Sunnah), if you truly faithful to Allah and for the next day. That is more important (to you) and better for it causeâ€ Keywords: Taxes, Alms, Islamic Law
DIVERSION IN COURT (Case Studies in Karanganyar District Court)
Children are the future generation. But in society, children can make mistakes and errors, and sometimes those errors can be categorized as a criminal offense, thus making a Children in conflict with the law. Child in conflict with the law should undergo the legal process. Â But children have different psychological maturity from adults, so Children should not be treated the same as adults when they in conflict with the law. Concern for children as one of human resources, which is a potential successor to the nation's future, bringing awareness that children need special attention when dealing with the law. It encourages the establishment of rules on the treatment of children who commit criminal acts and must deal with the law. Regulations on handling children who commit criminal acts is Act No. 3 of 1997 on Juvenile Court. This rule is considered not giving enough protection to the child in conflict with the law, then Act Number 11 of 2012 on Juvenile Justice System enforced. In these rules there is a relatively new thing, the rules regarding Diversion. Diversion procedure resembles mediation, conducted before the trial phase in the Court. If the diversion succeed, Â the case will be terminated and did not proceed to trial. Diversion process aimed at realizing the restorative justice, where all the parties involved (victims, children, and the community) and jointly to solve the problems and create an obligation to make things better in seeking solutions to repair, reconciliation and reassurance, which not by retaliation1. To achieve the restorative justice on the Juvenile Justice System, it is necessary to succeed the diversion process, at the level of investigation, prosecution, and examination in the courts, for the child in conflict with the law. Therefore, the author will attempt to find the answer of the questions: What is diversion? Why diversion should be pursued? How to succeed the diversion process? So that at the end of this writing, we can find conclusion about the things that can support the success of the diversion process.
IN 2020, INDONESIA IS FREE FROM CORRUPTION, AN IMPOSIBLE MISSION?
Each element of the nations with a high commitment to the realization of the great interest of Indonesia certainly has an idealism that in 2020 the condition of this country will be better than now, and it will also be a strong, clean and powerful country. So far, Indonesia has still being stigmatized as a powerless country and even it is indicated as a failed country due to a large number of and various diseases that undermine it. There have been many diseases that have gnawed this country and that have gotten some places in making some porosity to the construction of Indonesia since hundreds of years or since the republic of Indonesia was proclaimed.1 Meanwhile, one of the the greatest interests of this country that has been idealized is to reduce a disease the scientists have thought to have a deep root in this country, corruption. If this abuse of power may be maximally reduced, the fundamental interests such as prosperity and education of egalitarianism may be realized. Is it possible to bring the great interest of the nation into reality?Â Will this beloved Indonesia be free from corruption in 2020?Â Is it an impossible mission supposed that we have an ideal that Indonesia will be free from any corruption in the next three years?