The verdict of the Constitutional Court, as the nature of a court decision, implies the rights that the justice seekers enjoy. It is unfortunate however, the appeal procedure for those who are not satisfied with such verdict is not issued yet, and this may produce the disadvantages for the purpose of affording justice. For such reason, the amendment on the Constitutional Court...
Together with the occurrence of democracy in Indonesia through reformation in 1998, the practice on state administration is in dynamic way. One of the dynamics is the existence of the regional autonomy whose implementation triggered a wide interpretation among society. One of the pros and cons around regional autonomy is the existence of shariah regional regulation in some places...
The concept of production sharing contract in Indonesia has experienced various changes or amendments. However, the implementation of such concept in acts pertinent to petrol and natural gases remain unclear. The detailed regulation on this aspect do not deliver sufficient elucidation, including in some significant clauses. It is considered therefore that in the near future, the...
The synchronization of criminal provisions in the residential decrees with the codified criminal law has not yet been made due to variety of the legal sources to which residential decrees may refer. Among the differences which need synchronization are the difference in the provisions of witnesses and also the differences in the interpretation made by the regulators.Keywords...
Though Security Council of the United Nations is a permanent organ within the UN, but this organ is out of the Roma Statute of 1998 coverage. As such, the Security Council in not of the possession of the right to amend the section 16 of the Roma Statute of 1998 which eliminate the jurisdiction of ICC on the UN troops who are the citizen of non state party in the Roma Statute of...
In the criminalization, there are three primary principles need to be considered; legality, subsidiary, and equality before the law. The are also criteria to be taken into account; the act shall be in contravention with the sense of justice of the people, the ability of the existing legal framework to cater such act, the balance between the instruments required and the outcomes...
This article seek to discuss the concept of the state’s properties which are included in the state enterprises (BUMN), especially those which are in the form limited liability companies (Persero). From legal perspective, state’s properties which are placed in a limited liability companies are separated properties. The inclusion of such properties in a limited liability company...
This research is intended to identify about the regulation and institution related to management of coastal area. Regarding the subject matter of this study, this research is a normative legal research. It employed several approach, i.e. conceptual approach and statutory approach. From this research, find out that (1) the authority of coastal area management can be find in...
After the establishment of Asian Charter, the agenda to which Asian countries shall address is that its implementation urgently requires a strong political will and the sufficient supporting framework. For Indonesia, the prospect and challenge for the implementation of this charter is mostly in the form of the reformation of the law pertinent to the law of international...
Substitute here as orderred in Islam Law compilation as an elaboration from Al-Qur'an verses interpretation on more extensive Islam heir matter. This is also as an resolution for legal controversy in islamic heir principle as part of Islam heir Law in Indonesia.
Islamic Banking can only developed if investor and customers prefer to use Islamic Banks over conventional bank. The Islamic Banks are required to consider the interests of both investor and customers, as well as the need to maintains their trust In order to promote the Islamic Banking credibility; the Islamic Banking needs a direct control from the Bl (Bank Indonesia) and the...
The health of work environmerit is the right of worker and the vital facility for optimal working productivity. As the right, the obligation of each work place create the health for work environment and it protects the health of workers through using approach maintenance, the health improvement (promotive the ill recovery (curative) and the health restoration (rehabilitation...
As one of the alternative for supporting the strong hold and adding the bank capital, it can be taken through public bargaining at the stock exchange. In the public bargaining, every bank must pay attention for two basic principles, namely transparency and secrecy principles. But the instrument of the act, like number 23, 1964, The act of number 14,1967,and the act of Number...
The development of global information technology, to have an effect on using of internet for e-commerce, e-business, e-banking activities, also give of cyber liberty both of commercial cyber liberty and of civil cyber liberty, where, the man can be acesy, free, and quick to do transaction without they have to meet by face to face, to transfer and to acsess of information, etc...
The alternative model of Producing Local Regulation (PERDA) which are based on Islamic Laws constitutes a new, urgent concept in the context of legislative draffing renewal. Because the process of producing the regulations (from the planning unto its soccialization/evaluation) must follow the principles of generating good and democratic laws, it must also accommodate Islamic...
War has never been kind to human environment and human health. Trough out history, warfare hasbeen associated with death, disease, pollution and destruction of the environmentThe Human Rights Law and Humanitarian Law does not protect the Environment directly, so that the protection of those isstill weak
Basically, GAM has the basic right demanding the manifestation of self determination for separating to Indonesia. It is based on the unjustice and suffering of Acehnese during the New Order Regime. However, some determination should be discussed intensively inresponding the Acehnese self determination, such as it must be considered the consequences and the ability of Acehnese on...
The effort of positioning the Islamic Law is very urgent to put into in action in order that the law material is applicable at the Constitution Court in which finally it becomes absolute competence of Religion Court. Besides that, it is aimed to unify the law toward the certainlaw, because the judges at the Religion Court would refer to the same law.
In comprehending the quranic text and Hadits (prophet tradition) systematically. The position of women on marriage and legacy is getting sub-ordination. The men is positioned and symbolized as a superior because of his obligation and responsibility isconsidered bigger than the women. Recently, through contextual interpretation ongender justice dimension, treatment and placement...
The state institution and the government in Islam is the instrument of application of the part in Islamic tenet. Because the part of Islamic tenet have to be applied in human life, whilefor the application of Islamic tenet need the state instrument and government, so the existence of this instrument is unavoidable. The Moslem must create the model, form, state system and...
The monetary crisis in Indonesia has shown that the syariah banking proves that it has the significant endurance. For law protection interest for customers, syariah banking need thesupervision authority for two both aspects. The first is banking administrative supervision, and the second is the syariah supervision. This task is actually takenby the institution of authority...
In Perspective Law of Islamic Criminal, reconciliation has been familiar through the concept Al-a'fwu 'uquubah. Islamic Reconciliation is only relevant to the certain felony casesnamely qishash and it is different from jarimah hudud. The validity of reconciliation of Islam must be based on the certain requirements in order/hat the reconciliation created isthe problem solving and...
Islam is vefy untolerable the violence in any form and any purpose. Although, Islam in certain condition, the apply of violence is permissible but it must be taken on the law corridor. It means that the violence could be applied along with meeting the requirements,like the law sanction of violence, where such law sanction appear of expressing on anti violence in Islam.
Society andjusticiabellen whose rights and constitutional authority are disadvantaged can defend their rights by requesting to the Constitutional Court. The problem raises because there is not clear regulation in the mechanism of requesting to the Constitutional Court, especially on the procedural law. In order the request isnot dismissed by the Constitutional Court, is should be...
ATCk restricts its jurisdiction by imposing some doctrines such as minimum contact, forum non-convenience, political question, international commuty and act of state doc trine. Besides that, it also ignores the international criminal law principles such as presumption of innocence, expeditious trial, equity ofarms and the atendance ofthe suspect in the court. The existence of par...