Showing papers in "Yuridika in 2016"

Kajian ontologis lembaga mediasi di pengadilan

Abstract: The implementation of mediation in court still seems formalistic. This condition makes the process of a civil case proceed to Supreme Court. Supreme Court Regulation No.1 of 2008 aimsto stream line the mediation institute incourt. However, in practice the Supreme Court Regulation No. 1 of 2008 was no different with Article 130 HIR, it even contrary to mediatio nontology and simple , fast and in expensive Justice Prinsiple . Mediation in court is institutionalization and empowerment of peace (court connected mediation) with the philosophical foundation is Pancasila which is the basis of our country especially the fourth precepts "People led by Wisdom Wisdom in Consultation / Representation". The fourth precepts of the Pancasila include, among others, the efforts to resolve disputes, conflicts or cases through deliberations to reach consensus encompassed by the spirit of kinship. This means that any dispute, conflict or matter should be resolved through negotiation or peace procedures among the disputing parties to obtain a collective agreement.

Fungsi filsafat, agama, ideologi dan hukum dalam perkembangan politik di indonesia

Abstract: In democratic system in Indonesia, the growth of political parties shows that the democratic system has developed. The development of the democratic system has the objective to incernate the ideals of Indonesia as set forth in paragraph 4 of the Preamble of the Indonesian Constitution 1945. The political role in the development of national law in Indonesia cannot be separated from the context of history, religion, and ideology. The development of political shows the diversity of views. The views between the political parties in determining the political direction is based on the ideas and ideologies that have grown in it. The process of legal formation in the birth of positive law (in abstracto) is always influenced by certain political configurations that interact in the process. The ideas in this ideology would also have been based on the theory of truth which has been adopted from each party. Differences in the ideological views of political parties also gives effect to the development of legislation character and policy direction of the Government in determining the laws that determine the development of the legal system in Indonesia.

Pengaplikasian qowaid fiqhiyyah dalam hukum islam kontemporer

Abstract: Qawaid fiqhiyyah is a very important element in the contemporary application of Islamic law for the reason that values contained in the fiqiyyah qowaid is a pulse in any fiqh in-the-istinbath of contemporary Islamic jurists. Not only that qowaid fiqiyyah is a parameter benefit whether law is needed or not, but also its main role to ensure that any fiqh in istinbathkan does not contradict the texts, namely the Quran and Sunnah. By applying qowaid fiqiyyah into every attempt of making or interpreting a law, it can be ascertained that law meets the standards to be applied in contemporary society, so it is not feared that the law would lead to new problems or a conflict of norms to apply. Islamic law and qowaid fiqhiyyah have interrelationship with one another, this is because the dynamism of Islamic law embodied in fiqh is very dependent on qowaid fiqhiyyah, in this case the characteristic of the generality or generality of the rules that make the Islamic law can be applied to all Conditions at all times and times.

Epistemologi ideologi keamanan pangan

Abstract: Food safety issues have a significant impact on the socio-economic life of this world, which is characterized by the global spread of the virus hazards, microbial pathogens and pesticide residues that cause health problems and even death. In order to protect the state from the threat of viral, microbial pathogens and pesticide residues, the developed states apply the standards for the trade barriers so that the hazardous contaminated products can be prevented to enter to their states. Islamic Epistemology describes the food security in Qur'an as Surat Al-Baqoroh paragraph 2: 168 "eat the halal and good". Halal foods is the right of Allah to justified. Good food is a food that provides peace and containts no danger. This is in line with the ideology of Pancasila and the Constitution as the basic philosophy of the establishment of laws and regulations of Indonesia. Food safety has been sought by both international organizations and countries in the world. The effort is done with a solid instrument and packaged in an international agreement which is then accessed and implemented in national legislation.

Dialektika perlindungan kepentingan nasional berdasarkan konstitusi ekonomi dengan basic principle dalam bilateral investment treaties

Abstract: National interests is a fundamental thing that is often discussed, but does not have the exact concept and parameters. Especially in investment, national interests increasingly reduced by the emergence of some problems in Bilateral Investment Treaties (BIT), and certainly, the most disadvantaged entity is the State. This paper examines the dialectic between national interests with the basic principle , as one of the principles in the WTO-TRIMs that should be applied by all the States that have ratified that convention, including Indonesia. If there is a conflict between the national interest and the basic principle, especially in BIT, then the state must remain in favor of its national interests. The underlying basis of the argument is that the State has sovereignty whose power must be maintained. This is in line with the 'calvo doctrine' and the basic essence that the state (in this case the host state) has sovereignty over all natural resources-permanent sovereignty over natural resources-such as environmental protection, health and protection of human rights.

Prinsip keadilan dalam tanggung jawab negara terhadap korban tindak pidana karena pelaku tidak menjalani pemidanaan

Abstract: In the expansion of its objectives a convicted must also pay attention to justice for victims. The principle of equality before the law should be applied as equal justice for the perpetrators and for the victims. If the state takes over the enforcement of the criminal law because the mandate of the victim as a citizen of the state, the state shall be liable to the victim. This paper will discuss , the philosophical foundations of the State's responsibility to victims of crime, the principle of justice in the form of state responsibility to the victim as a result of failure of the responsibility of the offender conducting the sentence. Due to legal science has characteristics that are percriptive so this study, using normative legal research (doctrinal) is the research to produce arguments, theories or new concepts as prescriptions in solving the problems faced.

Penyatuan hukum pajak formal dalam sistem hukum pajak nasional

Abstract: Characteristic of a tax system can be seen in the formal tax law that governs the tax collection procedure. Old tax law, such as as the Indonesian colonial tax law system is complex and is difficult to manifest. To tackle this problem, consolidated formal tax law such as General Provisions and Procedures of Taxation (UU KUP) has been used since 1983 to simplify the national tax law system. Result of this study showed that in practice, Indonesian tax system is still too complex. There are three main reasons for the observed complexity: First, inconsistency of the lawmaker and the policy maker. Separation between formal tax law and material tax law only occurs in the early reformation of tax law. In the sequential tax law reformation, the formal and material tax laws are coalesced together, going backward to the time prior to the national tax law system reformation. Second, UU KUP has not been able to accommodate all tax systems that are used in Indonesia, including the official assessment system. Third, there are disharmonisation between UU KUP and other formal tax law such as tax court law (UU Pengadilan Pajak). One potential solution is to return UU KUP to its original state as in 1983. In addition, UU KUP must be used as the sole formal tax law for all tax and UU KUP must accommodate all tax law system.

Pelaksanaan pendelegasian wewenang bupati kepada camat dalam penyelenggaraan pemerintahan daerah

Abstract: Since the enactment of Law No. 12 Year 2008 on the second Amendment to the Law Number 32 Year 2004 on Regional Government, as an interpretation of Article 18 , to bring new changes in governance in the region. This law has fundamentally changed the practices of government, one of which is related to the position, duties and functions of the District. The main changes was in the definition of the township itself besides the other changes such as the shape of the organization, financing, personnel appointments, logistics fulfillments and accountability,. Previously, the District was an administrative region in the context of the work environment that organizes the implementation of tasks in the area of public administration. While according to the Law No. 12 of 2008, Article 126 Section 3, the District is the district/city in the context of the principle of decentralization. That is, if used within the framework of the principle of deconcentration district, it is one of the administrative area, in addition to national, provincial, district and municipality, as well as administrative city. At the present time the Districts is the working area of the districts of the region. However, districts are not a territory, it is a service areas. Keywords: Delegation of authority, Head of District, Regional Government

Sic et non : kebebasan dan pembatasan hak kemudahan dan perlakuan khusus

Abstract: Sic et Non . Yes and no. Freedom and restriction of the essence of HKPK. Both are located face-to-face. Every country has a unique character in implementing and synthesizing. This matter will be discussed in this article. The main problem is the ratio legis HKPK in the constitution. In Indonesia, the ratio legis is constitutional rights. Ratio Legis HKPK in Indonesia is in the framework of the realization of gender justice it is seen in various minutes of the amendment formulation meeting. As part of human rights, HKPK emerges under a forum agreement to be an integral part of human rights. However, the textual HKPK does not limit the HKPK on gender differences. The decision of the Constitutional Court to legitimize the application of HKPK in cases of gender differences. In India and Pakistan is fundamental rights. In Germany leads to individualistis. In United States showed unwritten constitution. Finally in South Africa show the priority in the equality. Secondly, The freedom and restriction are both, sythese as morallity and realize by rule.