Showing papers in "Yuridika in 2012"

Pendelegasian pengaturan oleh undang-undang kepada peraturan yang lebih rendah dan akibat hukumnya

Abstract: Act is an essential instrument in the rule of law. As the basic for governmental regulation, the accuracy and legality of its drafting process should be placed as the main concern. This article examines such models of delegated legislation. In severe legislation product, some problems regarding the mistaken in the delegation process was still founded. This article recommends the importancy of limiting substance for each level of regulation to avoid redundancy. Regulation synchronization is needed in order to avoid inefficiency and reach the maximum aim of what the regulations made for.

Perlindungan hukum bagi pemegang hak atas tanah dalam penetapan ganti rugi terkait dengan pengadaan tanah untuk kepentingan umum

Abstract: Land acquisition is done by way of release or transfer of land rights of the holders of rights over land to government agencies that require ground. As a form of respect for the rights of holders of land rights, which require land-party in this case is the government agency, provide appropriate compensation on the basis of agreement between both parties through consultation. Form of legal protection given to holders of land rights is the determination of compensation based on the deliberations, the proper compensation that can provide a better survival than the level of socio-economic life before the affected land acquisition, and submission of objections to the amount of indemnification. Custody compensation cannot be the basis for taking land holders of land rights by Government agencies that require ground. Key Words : land acquisition, legal protection, custody compensation.

Persyaratan kandungan lokal (local content requirements) di indonesia dan kaitannya dengan perjanjian internasional di bidang investasi

Abstract: As a popular policy in developing countries, local content requirement requires the multinational corporation to use certain amount of components which are produced in the host country in order to give protection to the local industries (national protection). The local content policy has given benefits for developing countries such as an expansion of employment and transfer of technology to the society. Due to the reasons, Indonesia also implemented the local content policy in various sector for example automotive, electronic, oil and gas, etc and it has been legalize in the Indonesian technical regulation. On the other hand, the local content policy violated the national treatment principle which is stated in Article III, 4 GATT and paragraph 1A Annex TRIMs. The national treatment principle defined as the principle which gives the foreign investors/investment no less favorable treatment than the local investors/investment. It is realized that the local content policy has raised the discrimination of some imported product and it should be abolished within certain period as stated in TRIMs. Keywords: local content requirements, national treatment, national protection

Implikasi prinsip most favoured nation dalam upaya penghapusan hambatan pedagangan internasional

Abstract: Barriers on international trade is one of the complicated problems, therefore the efforts to eliminate it still have been doing by the countries around the world. Meanwhile the discrimination factor in international trade is one of the most important issue that can hamper trade and economic progress of a country, because discrimination can cause uneven distribution of goods and services which are aimed to prosper the people of a country. Therefore, the equal treatment among countries in international trade or as known as Most Favoured Nation Priciple, is crucial. This principle emphasizes equal treatment in every country so trading activity will be expected the same in any country. This Principle can automatically remove the obstacles that might occur in the international trade, by maximizing the role of the World Trade Organization in the International Trading arena. Key words: Most Favoured Nation, Discrimination, Trade.

Hubungan kewenangan antara pemerintah pusat dengan pemerintah daerah dalam pelaksanaan program/kegiatan alokasi dana cukai hasil tembakau

Abstract: Implementation of The allocation of Profit-Sharing Fund of Tobacco-Product Duty (DBH-CHT) policy is a concurrent governmental affair. To some extent, it is mutually carried out by central government and local government, However, there are some components that exclusively become the authority of central government whereas the other ones are under the authority of provincial/regency/town government. Governmental affairs under the authority of provincial and regency/town governments are based on the principles of externality, accountability, and efficiency. Such affairs consist of compulsory affairs and optional ones. Key words: Profit-Sharing Fund of Tobacco-Product Duty, concurrent governmental affair, the authority of central government, the authority of provincial/regency/town government.

Persyaratan perizinan lingkungan dan arti pentingnya bagi upaya pengelolaan lingkungan di indonesia

Abstract: The functional meaning of environmental license in order to manage environment can be seen on the precision or exactness of fulfillment of conditions of environmental license which administratively is relevant for environmental protection. The conditions, that must be met to hold environmental license, have important meaning to evaluate environmental management conducted by corporation. Conditions of environmental license as inserted in document of license are direction that must be followed by the holder of license. Government institutions which have competence to give license should formulate all aspects of operation of industrial activity in the form environmental license. Keywords: environmental licence, environmental protection, environmental management.

Pluralisme hukum dan urgensi kajian socio-legal menuju studi dan pengembangan hukum yang berkeadilan sosial

Abstract: ‘Justice’, philosophically, is classified into two; legal justice and social justice. Legal justice refers to justice based on the parameters of the rules while social justice may be defined as equality arises from human relation in the existing social structure. Referring to the implementation of the law nowadays, it is likely that justice cannot be achieved by looking only at the legal justice. Providing justice should also count on the aspect of social justice. Most of the time, the problem of social justice is related to the access to justice. It is so because the existing law is unable to serve legal justice via its rules only. In other words, it is undoubtful that the justice is not merely legal problem but also a social problem. Therefore, jurisprudence should expand its doctrinal and normative approach to socio-legal approach. This article analyse the urge and the contribution of social-legal approach as interdisciplinary study which connect normatf aspect of jurisprudence with social study. Aiming to create a study which is able to provide equality access and justice for all, this article takes legal pluralism concept as the entry point. Keywords; Legal-pluralism, legal-study, social justice

Pengaturan hukum pengelolaan pertambangan batubara secara berkelanjutan di kota samarinda

Abstract: Legal arrangements on sustainable management of Coal Mining in Samarinda, have many rules violation in the provisions of the Mineral and Coal Act number 4 of 2009 particularly on Mining Management section. These predicaments caused profound consern due to the importance of natural resources preservation for sustainable development for the next generations. Therefore, to manage the existing natural resources which is coal, a sustainable long term regulation is needed in order to gain maximum benefits from coal management. Then, the benefits not only enjoyed by the present generation but also by the future generations. Key word: Law, management, Coal Mining.

Pembentukan kerangka hukum internasional bagi pencegahan perdagangan kayu ilegal

Abstract: The implementation of international trade in the forest products that related with sustainable production and consumption cycle process include the legal regime of international trade in natural resources, the State Government exporters and importers, as well as markets in importing countries. International trade law regime is still have a weak role in preventing the illegal logging trade, hence it is required a International Law drafting concepts which can avoid illegal actions by obligating the exporters or the exporter countries with certain obligations. These efforts require a reconceptualization the relationship between trade and environment, which until now are often placed in the same dichotomy.

Problematika kedudukan tap mpr dalam uu no. 12 tahun 2011 tentang pembentukan peraturan perundang-undangan

Abstract: The shift from a parliament supremation to constitution supremation after the reformation brought a basic change in the state structur of Indonesia. MPR is not the highest institution of this country but has become a higher institution and has an equal position as other higher institutions. It has become the main reason of not putting MPR/S’ law’s products up as in the law hierarchy in Indonesia based on Law Number 10/2004. However, Law Number 12/2011 put MPR’s decision in the hierarchy has made a new problematique. First of all, as seen on its position is above the laws and below the constitution. Second, the validity of MPR’s decision in the Law Number 12/2011. Third, related to which institution that has authority to examine MPR’s decision when it contradicts to Indonesian constitution. Key Word : TAP MPR, Position, Law Status, Authority of Examination

In search of constitutionality: freedom of expression and indonesia’s anti-pornography law

Abstract: In 2008 vehement debates about the freedom of expression divided Indonesia, after the government resubmitted a bill for Anti-Pornography to Parliament. The various sides employed all kinds of arguments and perspectives, the main ones being religious versus human rights and pluralism. The main problem of the new law is its vague and very broad definition of pornography, which could threaten women’s rights, cultural expression and press freedom. In the context of democratization in Indonesia post Soeharto, freedom of expression has been progressively promoted, particularly by the adoption of a Constitutional guarantee for freedom of expression. Nevertheless, the constitutionality of freedom of expression still needs to be comprehensively re-explored in order to advance human rights and democracy development. Key words: Anti-Pornography, Freedom of Expression, Human Rights

Rules of origin sebagai instrumen penanganan praktik illegal transhipment

Abstract: The influence of globalization has become wider and it caused the increasing of intensity of world’s trade between countries. However, this positive development is followed by a lot of fraudulent in international trading such as Illegal Transhipment, whereas a country exports to other countries through the third country by some methods. Indonesia, as an active member of international trade forums, is also threaten to be one of the victim of Illegal Transhipment, by the method of Certificate of Origin. If it’s allowed, Indonesian’s traders will suffer financial loss and also will interfere with national economic stabilization. Rules of Origin on the Certificate of Origin is one of indicator of Illegal Transhipment and can be used as the reference of trade’s policy to give back national economic loss. Therefore, preventive and repressive handling of Illegal Transhipment through Rules of Origin is needed to be done. Keywords : Rules of Origin, Certificate of Origin, Illegal Transhipmen