Showing papers in "Yuridika in 2015"

Kepailitan lintas batas perspektif hukum internasional dan perbandingannya dengan instrumen nasional di beberapa negara

Abstract: Currently cross-border insolvency is not a new thing since free trade requires loan agreement with foreign parties. The issues with debtor's assets confiscation in other countries are the recognition and implementation of the domestic’s court decision in other countries and vice versa. Based on normative juridical research, Indonesia, Thailand, and Singapore do not recognize bankruptcy decision from other states domestic court due to the application of territoriality principle that debtor's assets in these countries cannot be confiscated by foreign creditors and the bankruptcy decision by those courts will not be recognized and implemented in other countries. With cross-border insolvency bilateral agreements such as between Singapore and Malaysia, the bankruptcy decision of each country can be recognized and implemented in countries which enter into agreements. Different to Japan and South Korea which apply the universality principle so that domestic bankruptcy decision may apply to the debtor's assets abroad and vice versa.

Philosophy, pancasila and modern technology

Abstract: Ideology of a nation is the heart of the nation it self for any action or policies arise in the nation. The ideology is static cannot bechanged and can adapt to all conditions and ages. Pancasila as the state ideology of Indonesia should be applicable, especially in this era of modernization, so that the value contained in the ideology is not only limited to the values without meaning. Moreover, the value embodied in the ideology is capable to filter socio-cultural value of the people of Indonesia. So that Indonesian people are not losing their identity as part of the Indonesian nation has noble values that should be part of every people of Indonesia as part of a national entity in separable in every aspect of the daily life. Keywords: philosophy, pancasila, modernism.

Karakteristik hubungan hukum dalam asuransi jasaraharja terhadap klaim korban kecelakaan angkutan umum

Abstract: The average person in Indonesia uses public transport in daily life. If observed in Indonesia has many diverse public transport both provided by the government and in cooperation with private parties. Neglected condition of public transportation sometimes is the main factor why traffic accident happens to public transportation. This causes many accident on land, water, even air public transportation, which in this case citizens are the victim. Government has laid out policy by providing PT Asuransi Jasaraharja as compulsory social insurance which is supposed to give compensation for public transportation’s victim in certain circumstances. However, not every citizens know their rights regarding the compensation given by PT Asuransi Jasarahardja when the traffic accident happens. Compensation has to go through particular procedure made by PT Asuransi Jasaraharja. Because if they dont, then the compensation cannot be given.In the insurance of premium services the collection is not based on the agreement between the two parties but has been regulated in the law. This is what distinguishes between the insurance of raharja services as compulsory social insurance with other insurance.

Kedudukan bendahara pasca berlakunya undang - undang nomor 1 tahun 2004 tentang perbendaharaan negara

Abstract: Compared with previous laws, law No. 17 of 2003 concerning state finance has some fundamental differences and new matters, such as the post of treasurer as functional position. It shows that it is important that finance management must be managed by functional position as stated in a Article 10 paragraph (3) of Law No. 1 of 2004. Thus, the embodiment of treasurer as functional position must be implemented immediately so that the clear and ideal position and the responsibilities can be realized and cannot be separated from the government role in implementing good governance in state budget since state budget is a form of state financial management that must be transparent and accountable for citizen's prosperity as it provided in UUD NKRI 1945. Therefore, the ideal implementation of state budget for prosperity of people is the embodiment of the government efforts for public interest without any distinction on Indonesian social plurality.

Peran majelis kehormatan disiplin kedokteran indonesia (mkdki) terhadap dugaan kelalaian medis dokter

Abstract: Governments in Indonesia have sought a protection under the law to create a harmony of doctor-patient relationships. The establishment and the realization of special assemblies in the medical field in Indonesia such as KKI, MKDKI and MKEK is proof that the government is serious about the existing problems. In accordance with a headline about the existence of MKDKI Against Medical Error Doctor, then target the results of this paper to be used as guidance for the people and anyone who is legal interests harmed by the actions of medical mal doctor. Medical Practice Act governing the duties and authority MKDKI, but menaknisme complaints should be clarified through this tuisan following characteristics rather than the actions of doctors assessment of medical errors. According to the Act the medical field in Indonesia do not use the term negligence when using a term that includes the Medical Disciplinary Violations violation of professional standards, violations of operational procedures and violation of service standards. On the other hand the results of this paper can be a reference for the development of health law, especially with regard to the mechanism of settlement of the criminal case of medical error doctor.

Keadilan sosial dalam perlindungan kepentingan nasional pada penanaman modal asing bidang sumber daya alam

Abstract: Prioritizing the social justice to protect national interests based on constitution becomes one of the problems in our economic development, especially in foreign direct investment of natural resources. UUD NRI 1945 as the economic constitution is the fundamental basis to make a foreign direct investment policy. Similar to embodying justice, State has to prioritize social justice and stand on the national interests so that state can achieve its purpose through foreign direct investement.

Kewenangan pemerintah pusat dengan pemerintah daerah dalam pelaksanaan 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. Keywords: profit-sharing fund of tobacco-product duty, concurrent governmental affair, the authority of central government, the authority of provincial/regency/town government.

Pembaruan hukum terhadap lembaga praperadilan melalui putusan pengadilan

Abstract: Law enforcement process is an effort to maintain security and public tranquility. The process of implementation of the law enforcement needs to be implemented correctly and legally. It is necessary to be controlled so that the process is not being done arbitrarily since the individual rights in the process of law enforcement have to be protected. Pre-trial is an institution that allows the monitoring of the actions done by the law enforcement agencies.Pretrial institutions are a form of mechanism provided by the state that can be used for any individual who feels that his rights have been arbitrarily deprived. Because basically protection of the individual is a goal and not just a tool. This means that there are limitations or side effects for an act that is allowed to disrupt fundamental human rights. Obtain a fair and open mechanism then the testing of state instrument actions in the form of deprivation of the right to liberty or confiscation of goods, such as the act of arrest, detention, determination of suspects, and seizure are placed in pretrial concepts held in open trials. With the hearing open, then the implementation of the trial other than built on the accountability of mutual supervision conducted by the parties there will also be supervision by those present in the open trial, such as community and mass media.

An analysis of the role of economic actors in the wto dispute settlement system

Abstract: Economic actors are the main trade player in the World Trade Organization, although, the relation between WTO and economic actor is built by trade regulation that is negotiated among the WTO Members. Nothing in the WTO regulates economic actors to involve directly in the WTO, especially in the WTO dispute settlement system. Nevertheless, the debate amongst experts regarding the involvement of economic actors in the WTO dispute settlement system is unavoidable. This article therefore discusses the possibility of the involvement of economic actors in the WTO dispute settlement system, whether there is legal and political point of views. A Nation must providing broad possibility for its economic actors to conduct their activities in the large spectrum such as cross border supply and demand in the sphere of international trade in order to gain their benefits. Prior to it, state should be willing to gain economic relation in the virtue of international economic relation. An interstate economic relation is dealing with coordination of economic policies and cooperation; hence states are building rule of law in international economic relation as the prevailing part of the object of international economic law. To this end, in 1994 over one hundred governments created World Trade Organization. All WTO Members negotiated their national trade and economic policies. National trade policy is mostly implied by economic actors or individual across frontier

Wewenang mahkamah konstitusi dalam pengujian undang-undang hasil ratifikasi perjanjian internasional yang bersifat multilateral

Abstract: On 2008 Indonesia ratified ASEAN Charter through Undang-Undang Nomor 38 Tahun 2008. This action is then considered affects some citizen especially who works in small scale goods trade to compete in open free trade challenge. Based on that reason, some citizens submit an appeal to the Constitutional Court. Constitutional Court has authority to review a law based on constitution. However, legislation which is deliberated by Parliament and President is not the same as legislation which is to ratify an international agreement. Approving this kind of legislation is not an action as legislator but as state body that does check and balances role. Legislation that ratifies an international agreement should not be a subject to challenge in the court because even if the courts accept the submission, the government cannot withdraw from the agreement. Therefore, the government’s delegation directive in dealing with an international agreement should comply with constitution to protect all citizens. Keywords: Constitutional Court, International Agreement

Analisis Yuridis Ratio Decidendi Putusan Mahkamah Konstitusi Terhadap Penyelesaian Sengketa Perbankan Syariah

Abstract: Notary joins an organization called Indonesian Notaries Association. Indonesian Notary Association membership consists of ordinary members, active and werda notary; Extraordinary Members, any person who has passed the master degree of notary or special notary education programs and registered as members of the association; and Honorary Member. werda active role in the indonesian notaries association, namely: 1) role views of the rights and obligations as a regular member Indonesian notaries association; 2) their role in the Congress; 3) their role in the Regional Conference; 4) role in Regional Conference. werda Notary from the point of legal logic, who no longer holds a notary protocol, if called upon by law enforcement for the purposes of the examination with regard to the deeds made Notary Law. If summoned by law enforcement for the purpose of examination relating to the deeds he / she has ever made in a criminal case, the provisions of Article 66 of the Notary Office Law shall apply.

Hukum dan diplomasi lokal sebagai wujud pemecahan masalah di wilayah perbatasan kalimantan dan malaysia

Abstract: Border area disputes generally arise because of differences in views of the boundary line between a country over the borders located on the map enclosed in an international agreement. Claims of a country over territories that protrude the sovereignty of other countries, are often the cause of the dispute because of a new fact-based new agreement. Principles of application of posidetis juris may arise because of differences in delimitation understanding, the determination of demarcation, other geographic and political factors (border management), which are also factors causing disputes. This study is regarding the international and national laws to govern and manage borders territory by using method of inquiry primary legal sources and empirical data from Kalimantan. This research concludes the following results. The first result is that there are rules of international and national laws governing borders territory, but it is not sufficient to settle the complex of problem in border areas. The second results is that the local government has been involved in various types of local diplomacy by using mediation performed by local adat, both in privates and public cases. In order to improve ability to cope such problems, it is important to provide capacity buildings which are enable local government and local adat apparatuses to make a better problem legal solving.