The stipulation of the conversion in UUPA (Agrarian Basic Laws), on the one hand is meant to guarantee that there is a law of land ownership which was mostly unsure before, especially for those who individually own their land hereditarily without formal or legal document. Conversion, on the other hand can affect that some traditional land which is informally owned before can be...
This study reveals that verdict of illegal logging cases tried at district courts and supreme courts arises not only contradiction within legal officers but it also leads to arise a public controvercy. This occurs not only due to the inconsistency of understanding of pubic prosecutors and judges toward normative framework of illegal logging issue and anti corruption bill, but...
Gross violation on human right has been occurred at many countries. Almost all of the perpetrators are state .In international law foreign state has immunity before national court. Developing of international law showed that in one side gross violation on human right is prohibited and has a status as jus cogens, peremptory nom under international law. However foreign state...
The adoption of constitutional question mechanism in the constitution court system, (known as constitutional adjudication), regarded as part of providing a maximum protection to the citizen’s constitution rights. The kind of protection is a must-have entity in every law-based nation (in the democratic system). For Indonesia, which has ambition to establish a democracy-based life...
Research of penal policy on criminalization in financial affairs discusses two main problems: regulating policy on criminal offences, and regulating policy on criminal sanction for financial offences. The regulating policy on criminal offences shows an increase of various conducts that have been criminalized by legislator as a consequence of social change, economic and trade...
The purpose of this article is to discuss ius constituendum on abortion in Indonesia from criminal law perspective between Common Law System and Civil Law System. Ius constituendum on abortion in Indonesia is not directed to legalization of abortion as carried out both in The Netherlands and USA but tends to be harmonized with therapeutic abortion concept both in medical and...
The implementation of conciliation council in civil cases is urgently needed to give sense of justice among parties and to give limitation of cassation process. The limitation of cassation process is either substantively or procedurally. It is executed in order to reach reconciliation among parties which is stated on Article 130 HIR/154 R.Bg. Supreme Court had noticed to all...
Generally, public society acknowledgment of the productivity & achievement of Constitutional Court are known since its born, but in the other side, it seems need border & guardrail in the authority realization of Constitutional Court in order to bounded the authority that given by UUD 1945. Realizing in developmental of Indonesian Constitutional law, there?s some issues which...
Evaluations on local regulation by government and private institutions show that many local regulations are pointed out to be in disagreement with Acts No. 10 of 2004. It impacts public attention on the legislation process for those acts and local regulation. The legislation of those regulations has caused hesitation among local and foreign investors to invest their money there...
The practice of trading music and songs which is set in the CD’s and DVD’s and also violate the copyrights on the Mataram Street Yogyakarta is mostly done. This of course invites problems in the context of copyright infringement and also a legal action to minimize it. Along the way, there has done a research related to it by using the method of empirical legal research. And the...
Common but Differentiated responsibility is one of the principles which has been adopted in the Kyoto Protocol. Common but differentiated responsibility requires us to recognize that because of historical circumstances, countries at different stages of development have different capacities, and consequently different levels of kind of responsibility for dealing with international...
There are a lot of problems in the Indonesian royalty system. One of the problems is the overlapping collecting societies authorities. Finding the way to harmonize several collecting societies whose overlapping authority is the goal of this article. And based on the writer research, there are two ways to harmonize the overlapping collecting societies. First is centralizing...
Idea of Human Right as universal ideology has been agreed by the nations and poured in Universal Declaration of Human Rights released by United Nations on 1 December 1948. This declaration aims to protect the rights of human being and pushs the creation of freedom of human being without colour line, gender difference, Ianguage difference, and also religion difference. The...
Labor Law in Indonesia is one of specific law that has a main goal to protect the workers in front of entrepreneur’s power. This article uses normative method in analyzing the interrelation of Constitutional State, Democracy, and Administrative Law, in Labor Law aspect, especially on the government intervention to the worker and entrepreneur relationship. Based on a democratic...
Principally, the phenomenon of cyber porn has been provided in the existing criminal laws, both in the Code of Criminal Law (KUHP) or in other regulations. However, it should be considered that these existing laws need for reformation and enhancement in order to be more effective in their enforcement. More stronger punishment and clearer jurisdiction in handling the cases are...
Phylosophy through its branchs could be used to analyze a problems deeply untill we found the essence of the problem. It brings a person to have philosophical thinking untill he draw integrated and focused conclusion. To analyze the position of legal science in the science, so it needs philosophical thinking. It will brings a legal development which not only able to reached...
Various government’s policies implemented through Precedential Decrees (Keppres), Precidential Instruction (Inpres), and Precedential Regulation (Perpres), since the New Order up to the Reformation Order, have brought about the increase of the social welfare among fishermen, especially through the schemes such as Undeveloped Regions Precedential Instruction (IDT) and Social...
The discourse on the protection of the intellectual property rights (HKI) and the expression of traditional culture, is actually a discourse on the legal protection towards the expression of human’s creativity. Both of the intellectual property rights (HKI) and the expression of traditional culture are a form of the expression of human’s creativity, with only the difference...
This study focuses two legal issues deal to the meaning and legal tests of good faith on contract performance. Using the descriptive analysis with normative juridical approach, and library data, this study reveals: First of all, the meaning of good faith on contract performance is not universal, but there is a tendency its meaning refers to objective good faith. Lastly, legal...
Inbalancing of land possession will cause conflict. It will distrub the economic and social political stabilization. In order to overcome, the government, through his judicatures, take over all of the case into the court. Unfortunately, the judgement is unsatisfied his society. Therefore it needs an alternative settlement, the revitalization of function of court.
Islamic tenets, especially Al-Qur’an and al-Sunnah, govern various aspects, including the human basic obligations and human rights. Thus, these rights and obligations perform as a part and parcel of Islamic tenets which are harmoniously relate each and others, as has been clearly apparent from the practice during Medina period by the Prophet PBUH. Whereas fiqh,which is considered...
Judicial independence is best understood as a two dimensional relationship. Firstly, in terms of the sources of dependency, external controls and influences must be distinguished from internal controls and influences. Secondly, in terms of the targets of influence or control, the individual judges must be distinguished from the judiciary as a collective whole or institution...
Legal Politic in the Indonesian transision period is still inspired by some elements. Firstly, the political basis in Indonesia is elite politic. Secondly, political transision in Indonesian is still on the domination of the capital power. Thirdly, the transision process is pracmatic political process which indicates by the fighting of power among the groups. Fourthly, the...
The inclusion of Regional Representatives Council (DPD) in the parliament, side by side with House of Representatives (DPR), suggests that the parliamentary system applied in Indonesia is bicameral system, since there are two bodies within this parliament. However, considering that People’s Consultative Assembly (MPR) is not a joint session between DPR and DPD but rather an...
The issuance of various shariah based ordinances in many provinces and residences across the country, such as those which have been issued in Solok Residence, namely ordinance no. 6 of 2002 on Moslem Attire, may lead to the violence against the rights of the religion’s adherents to be protected by the state in serving religious tenets. If such kind ordinances let to be issued...