Archives

2020

Volume 26 Nomor 3, Juli - September 2020

Vol 26, No 3 (2020): Volume 26 Nomor 3, Juli - September 2020

Introduction

The Covid-19 pandemic for people who work in the business world, leaves a legal problem, one of which is whether the Covid-19 pandemic has an impact on contract implications in the procurement of goods and services, if this situation can be categorized as force majeure. The term force majeure is not defined in the Civil Code (KUHPerdata) and several regulations in Indonesia. However, according to the world trade organization, namely the International Chamber of Commerce, force majeure is an event or situation that prevents or prevents a party from performing one or more of its contractual obligations based on an agreed contract. A situation can be said to be force majeure if it can be proven that the obstacle is beyond its control; the circumstances cannot reasonably be predicted at the completion of the contract; and the consequences of the obstruction cannot reasonably be avoided or overcome by the affected party. From this explanation, the Covid-19 pandemic is a force majeure, because the pandemic is beyond the control of the parties, cannot be predicted in advance, and results in the blocking of the parties from carrying out their contractual obligations.

In this edition of volume 26 Number 3 July - September 2020, several legal issues that are in the spotlight are: Legal Implications for the Contract which Contains the Clause on Sharia Banking Dispute Resolution Through the District Court after the Constitutional Court Decision Number 93/PU-X/2012; Reconstruction of Pancasila Values in Law; Legal Aspects of the Principles of Good Corporate Governance and Their Application to Village-Owned Enterprises; Legal Politics of Dismissal (impeachment) of the President and/or Vice President in Indonesia in the perspective of a rule of law and democracy; Real Execution Practices of Land Belonging to the Sunda Wiwitan Indigenous Peoples; Position and Implementation of the Legatory Function of the Regional Representative Council after the Decision of the Constitutional Court Number 79/PUU-XII/2014; Criminal Jurisdiction Against Black Flight in Indonesian Territory Airspace; Principles of Infrastructure Development Based on Human Rights on the Existence of Customary Law Communities in Indonesia; The People's Republic of China Claims on Indonesia's Exclusive Economic Zone; Strength Binding Letter of Appointment of Government Goods and Services Providers in Government Goods/Services Procurement Contracts during the Covid-19 Pandemic; Dispute Resolution in Land Acquisition for Road Development for Public Interest.

The scientific thoughts studied above are an effort to develop and renew legal science in the future, I hope these papers are useful.

Volume 26 Nomor 2, April - Juni 2020

Vol 26, No 2 (2020): Volume 26 Nomor 2, April - Juni 2020

Introduction

In Indonesia, the world is even "attacked" by the Corona Virus (Covid-19) pandemic outbreak which has an impact on law enforcement in the spread of Covid-19, this has caused all community activities to be restricted after the issuance of Government Regulation Number 21 of 2020 concerning Large-Scale Social Restrictions (PSBB) in the framework of the Accelerated Handling of Covid-19, which is applied to areas with red zones (affected by the spread of Covid-19). The 1945 Constitution in the fourth paragraph states that: "Then rather than that, to form an Indonesian state government that protects the entire Indonesian nation and all the blood of Indonesia ... then the Indonesian national independence is compiled in a constitution of the Indonesian state, which formed in a state structure of the Republic of Indonesia which is sovereignty of the people based on ... ", this paragraph is also called the powerful paragraph because it is the paragraph which is the purpose of the formation of the Republic of Indonesia. Therefore, the protection of the entire nation and all of Indonesia's blood is contained in the Preamble to the Indonesian Constitution as the highest law, so that law enforcement in the spread of the Covid-19 pandemic is the safety of the people is the highest law (Salus populi suprema lex esto).

In this edition of Volume 26 Number 2, April - June 2020, several legal issues that are in the spotlight are Law and Violence in Schools: Optimizing the Role of School Counselors, Gender Equality from a Normative and Sociological Point of View, Post-5 Year Pension System Reform 2014 Concerning State Civil Servants to Achieve Welfare for Civil Servants, Ombudsman as Public Service Supervisory Institution in Indonesia, Legal Recognition and Protection of the Existence of Customary Government, Settlement of Cases of Children as Actors and Victims Judging from the Principle of Best Interest for Children, Enforcement of Law Pilkada in the Context of Preventing and Overcoming Money Politics Related to the Concurrent Pilkades 2019, Optimizing Criminal Law Enforcement Against Fisheries (Comparative Study of Criminal Law in the Fishery Sector), Father's Legal Accountability to Children After Divorce, Role of Perserik Atan Nations in Relation to Law Enforcement by the International Criminal Court (Prospects and Challenges), Controversy over the Constitutional Court Decision Cancels the Authority of the Judicial Commission to Recruit Judges, Legal Protection of Work Safety for Health Workers Due to the Covid-19 Pandemic.

The scientific thoughts studied above are an effort to develop and renew legal science in the future, I hope these papers are useful.

Volume 26 Nomor 1, Januari - Maret 2020

Vol 26, No 1 (2020): Volume 26 Nomor 1, Januari - Maret 2020

Introduction

Science does grow so fast. This matter is possible, because science is like something that is very sacred in theological thinking, law science is one part of study that does not have a chance to break up along with advances in technology and human beings in the lives of citizens so that views about legal science often clash with existing conditions. where the study has an integral character and not a particular part of the science.

In this edition of Volume 26 Number 1, January - March 2020, several legal issues in the spotlight are TRIPS in Relation to Legal Protection Against Trade Secrets, Industrial Design and Layout Design of Integrated Circuits in Indonesia, Implementation of Tax Hostage Policy (Gijzeling) Viewed From a Perspective Human Rights, Investment Dispute Settlement Arrangements in Regional Regulation Number 7 of 2018 concerning Investment in Riau Province, Political Law Against Qanun Number 6 of 2014 concerning Law of Jinayah, State Financial Losses or the State Economy in Determining the Death Penalty in Corruption Crime, Review Conception of the State of Law and Democracy in the Formation of the Blue Constitution in Indonesia, the Corruption Eradication Commission is the object of the right of the House of Representatives Questionnaire (Juridical Analysis of the Constitutional Court Decision Number 36 / PUU-XV / 2017 and the MD3 Law), Opportunities and Challenges for the Application of Permanent Principles Soverignity Over Natu ral Resources in Indonesia, Status of Ownership of Marga Customary Land Rights in Agrarian Reform Asset Arrangement Policy in Southeast Maluku Regency, Legal Analysis of Waiver of Customary Land Rights (Dati) in Ambon City, Transparency of Political Parties in the Recruitment of Legislative Candidates, Institutional Coordination in Submergence Ships resulting from criminal acts in the fisheries sector.

The scientific thoughts studied above are an effort to develop and renew legal science in the future, I hope these papers are useful.


2019

Volume 25 Nomor 2, Juli - Desember 2019

Vol 25, No 2 (2019): Volume 25 Nomor 2, Juli - Desember 2019

Introduction

Legal Issues is an analysis of a case where there is a legal vacuum, namely the existence of community legal needs that have not or are not accommodated in statutory regulations or laws, both written and unwritten.

In this edition of Volume 25 Number 2, July - December 2019, some of the legal issues that are in the spotlight are the Cancellation of Regional Regulations and their legal consequences according to Law Number 23 of 2014 concerning Regional Government, Execution of Debtor Assets Abroad in Bankruptcy Dispute Resolution, Legal Accountability of Personnel Development Officers and Authorized Officials for Errors in Imposing Civil Servant Discipline, Transplantation of Bodies as a Substitute for Qhisas Punishment in Islamic Law (Study of Eye Injury Offenses), Legal Status of Aircraft Collateral in the Development of Collateral Objects in Indonesia, Strength of Decision Consumer Dispute Resolution Bodies Regarding Objections and Cancellation of Arbitration Decisions as Alternative Dispute Resolution in Consumer Dispute Resolution, Legality of Peremponang or Muhabet as Community Organizations, Implementation of the State Government on Ambon Island, Central Maluku Regency Post-Effective Law No. 6/2014 on Villages, Social Security for Workers for Professional Apprentice Students in Higher Education Implementation of the Manpower Act, Legal Protection for Minority Shareholders of Limited Liability Companies and Justice based on Pancasila.

The scientific thoughts studied above are an effort to develop and renew legal science in the future, I hope these papers are useful.

Volume 25 Nomor 1, Januari - Juni 2019

Vol 25, No 1 (2019): Volume 25 Nomor 1, Januari - Juni 2019

Introduction

Laws are regulations that become provisions in social life that are, compel, bind, prevent and control. As a binder of members of society as a whole which aims to carry out the will of the ruler. Law as a rule in which there are orders and prohibitions which are forcing to achieve a life of peace, peace, order and security, as well as sanctions for violators.

In Volume 25 Number 1, January - June 2019, several legal issues that are in the spotlight are the implementation of the Notary's Obligation to Attach Fingerprints of Parties to the Minutes of Deed, Juridical Review of the Development of Customary Lands (Past, Present and Future), Nominee Agreements as Means of Ownership of Land by Foreign Citizens (FOREIGNERS) According to the Civil Code, Donors of Breast Milk (ASI) and their Legal Problems and Efforts to Prevent the Occurrence of Relationships, Upholding and Legal Protection of Couscous Animals (Phalanger SPP) which Protected in Ambon City, Mutual Legal Assistance in Combating Cross-Jurisdictional Cyber Crime in Indonesia, Guarantee Protection of Voting Rights and State Obligations to Protect Citizens' Voting Rights in the Constitution (Critical Review of the 2019 Concurrent Elections), Outsourcing Violations which can be categorized as a Crime of Trafficking in Persons, Execution of the Decision of the State Administrative Court at Autonomy Era.

The thoughts developed above are actually based on studies related to the development and development of legal science in the future, I hope these writings are useful.


2018

Volume 24 Nomor 2, Juli - Desember 2018

Vol 24, No 2 (2018): Volume 24 Nomor 2, Juli - Desember 2018

Introduction

Law includes the science of rules or norms, namely the study of law as a rule with legal doctrine and legal systems, such as legal subjects, legal events, and legal events. Law enforcement must include a sense of justice, a sense of usefulness. Protection of human interests must be implemented. Law enforcement can take place normally, peacefully, but there can also be law violations. If there is a violation of the law, the law that is violated must be enforced.

In Volume 24 Number 2, July - December 2018, there are several legal issues that are in the spotlight, namely the Active Role of Indigenous Law Communities in Economic Development, Creditor Protection for Bankruptcy Submitted by Debtors in the Reconsideration Process at the Commercial Court, Legal Protection for Owners of Cipta Batik Works Write Dewi Rengganis in Jatiurip Village, Krejengan District, Probolinggo Regency, Legal Aspects of Copyright Against Electronic Books (E-Books) As Intellectual Property Work, Marriage Registration in Indonesia Is Linked to Good Governance, Effectiveness of Law Enforcement Against Exploitation of Fisheries Resources in the Exclusive Economic Zone Reviewed From Law Number 5 of 1983, Legal Spirit Aspects of Law Number 23 of 2004 concerning the Elimination of Domestic Violence, the Juridical Consequences of Neglecting the Enforcement of State Business Registration Court Decisions that Have Permanent Legal Power, Determination of the Time for Execution of Appeals against p. Decision of the State Administrative Court in the Characteristics of Archipelago Areas.

The thoughts developed above are actually based on studies related to the development and development of legal science in the future, I hope these writings are useful.

Volume 24 Nomor 1, Januari - Juni 2018

Vol 24, No 1 (2018): Volume 24 Nomor 1, Januari - Juni 2018

Introduction

The government, in carrying out its duties, is often faced with changes that occur in society. The dynamics and demands of society which are so rapidly changing have actually caused various legal problems, including the problem of the government's responsibility in providing protection in accordance with its duties and responsibilities as well as its authority.

In Volume 24 Number 1, January - June 2018, there are several legal issues that are in the spotlight, namely the Protection of Traditional Knowledge by Sui Generis for Welcoming the Asean Economic Community, Abuse of Conditions in the Procedure for Bankruptcy Requests at the Commercial Court, Legal Implications Related to the Implementation of Article 24 of the Law Law Number 41 Year 2004 Concerning Waqf, Legal Protection for Refugees Across State Borders in Indonesia, Legal Protection for Child Labor, Study of the Provisions of the United Nations Convention On The Right of The Child, Purifying the Constitutional Court, Interaction between State and Traditional Villages in the Construction of the Unitary State The Republic of Indonesia, Construction of Representative Institutions in the Implementation of the Principle of People's Sovereignty, Review of the Execution of Intermediate Decisions in the Form of Schorsing at the State Administrative Court.

The thoughts developed above are actually based on studies related to the development and development of legal science in the future, I hope these writings are useful.


2017

SASI Volume 23 Nomor 2, Juli - Desember 2017

Vol 23, No 2 (2017): Volume 23 Nomor 2, Juli - Desember 2017

Introduction

development and economic growth, have an impact on changes in society. The dynamics and demands of society which are so rapidly changing have actually caused various legal problems, including the problem of the government's responsibility in providing protection in accordance with its duties and responsibilities as well as its authority.

In Volume 23 Number 2, July - December 2017, there are several legal issues that are in the spotlight, namely the Determination of the Status of Suspects and Defendants as Regional Head Candidates and Its Juridical Implications in Regional Head Elections (Normative Juridical Studies), Government Responsibility and Fast Food Business Actors Regarding Use Plastic Containers That Are Dangerous to Consumers in Ambon City, Fulfillment of Human Rights for Buildings with Built, Operate and Transfer Contracts, Constraints in Undercover Buying in Exposing Narcotics Crimes by Police Investigators, Defaults of Investment Managers Against Mutual Fund Investors, Meanings And the Function of Good Faith in Construction Work Contracts, Liability for Risks in the Aspect of Health Law, Election of Head / Mayor of Village / Nagari with the E-Voting System in Agam Regency, West Sumatra Province, the Principle of Good Governance in Abuse of Authority.

The thoughts developed above are actually based on studies related to the development and development of legal science in the future, I hope these writings are useful.

Volume 23 Nomor 1, Januari - Juni 2017

Vol 23, No 1 (2017): Volume 23 Nomor 1, Januari - Juni 2017

Introduction

Development and economic growth, have an impact on changes in society. The dynamics and demands of society which are so rapidly changing have actually caused various legal problems, including the problem of the government's responsibility in providing protection in accordance with its duties and responsibilities as well as its authority.

In Volume 23 Number 1, January - June 2017, several legal issues that are in the spotlight are the Effectiveness of State Administrative Courts Execution Based on Law Number 51 of 2009, Understanding the Third World Approaches To International Law (TWAIL), Registration of Micro Small Business Product Brands And Medium to Strengthen Competitiveness Facing the Asian Economic Community, Safeguard Measures in the ASEAN Free Market as Domestic Industry Protection Efforts, Defaults in Franchise Agreements, Additional Criminal Sanctions for Perpetrators of Child Sexual Violence, Review of Legal Aspects of the Prohibition of Giving Money or Goods to Homeless People And Beggars, Studies on Giving Remissions to Narcotics Criminal Actors in Ambon Class IIa Prison, and Criminal Law Formulation Policies in Combating Gambling Crime Through the Internet (Internet Gambling).

The thoughts developed above are actually based on studies related to the development and development of legal science in the future, I hope these writings are useful.


2016

Volume 22 Nomor 2, Juli - Desember 2016

Vol 22, No 2 (2016): Volume 22 Nomor 2, Juli - Desember 2016

Introduction

The government, in carrying out its duties, is often faced with changes that occur in society. The dynamics and demands of society which are so rapidly changing have actually caused various legal problems, including the problem of the government's responsibility in providing protection in accordance with its duties and responsibilities as well as its authority.

In Volume 22 Number 2, July - December 2016, several legal issues that are in the spotlight are the Transfer of Copyright to Heirs according to Civil Law, the Responsibilities of Shipping Entrepreneurs in Sea Work Agreements (PKL) Related to Working Hours, Legal Efforts to Cancel Arbitration Decisions in Court , Criteria for State-Owned Enterprises Granted Monopoly Rights in the Perspective of Business Competition Law, Fulfillment of Human Rights for Buildings with Built Contracts, Operate and Transfer, Settlement of Land Rights Disputes for Indigenous Peoples, Protection of Crime Victims in Indonesian Positive Law, State Losses in Providing Revolving Fund Loans for Savings and Loans Cooperatives, Criminalization of Children in a Restorative Justice Perspective.

The thoughts developed above are actually based on studies related to the development and development of legal science in the future, I hope these writings are useful.

Volume 22 Nomor 1, Januari - Juni 2016

Vol 22, No 1 (2016): Volume 22 Nomor 1, Januari - Juni 2016

Introduction

The government, in carrying out its duties, is often faced with changes that occur in society. The dynamics and demands of society which are so rapidly changing have actually caused various legal problems, including the problem of the government's responsibility in providing protection in accordance with its duties and responsibilities as well as its authority.

In Volume 22 Number 1, January - June 2016, some of the legal issues in the spotlight are

Protection of Human Rights of Contract Workers (Outsourcing) in Ambon City, Active Role of Indigenous Law Communities in Economic Development, Law Enforcement in the Indonesian Archipelago Sea Channel Area (ALKI) According to the Concept of International Law and Indonesian National Law, Remission Moratorium Policy and Parole of Prisoners Corruption in Indonesia, the Application of Death Penalty to Corruptors is a Comparative Law between Indonesia and China, Indonesia in the Application of Laws Based on Monism, Dualism and Mixture, Absolute Competence of Religious Courts and the Specificity of Judging Post Amendments to Law Number 7 of 1989 concerning Justice Religion, Legal Protection of Women's Rights as Victims of Domestic Violence (Human Rights Perspective Study), Implementation of Monopoly Rights by State-Owned Enterprises in Indonesia.

The thoughts developed above are actually based on studies related to the development and development of legal science in the future, I hope these writings are useful.


2015

Volume 21 Nomor 2, Juli - Desember 2015

Vol 21, No 2 (2015): Volume 21 Nomor 2, Juli - Desember 2015

Introduction

The government, in carrying out its duties, is often faced with changes that occur in society. The dynamics and demands of society which are so rapidly changing have actually caused various legal problems, including the problem of the government's responsibility in providing protection in accordance with its duties and responsibilities as well as its authority.

In Volume 21 Number 2, July - December 2015, several legal issues that are in the spotlight are Confiscation of Evidence in Traffic Offenses, Victimization in the Criminal Court Process (Rape Case Studies), Criminal Law Formulation Policies Against Crime, Juridical Analysis of Fulfillment of Prisoner's Rights According to the Indonesian Criminal Procedure Law at the Directorate of Detention and Evidence at the Maluku Regional Police, Provocatus Abortion Criminological Studies Conducted by Youth in Ambon City, The Influence of AFTA and ACFTA Free Trade for Domestic Industry, the Role of Local Government in Determining State Boundaries, Constitutional Contest In the 2014 Election and the Consolidation of Voters' Rights in Indonesia, and the Right to Life of Children in Non-Marriage Entities which are Legitimate in the View of Human Rights.

The thoughts developed above are actually based on studies related to the development and development of legal science in the future, I hope these writings are useful.

Volume 21 Nomor 1, Januari - Juni 2015

Vol 21, No 1 (2015): Volume 21 Nomor 1, Januari - Juni 2015

Introduction

The government, in carrying out its duties, is often faced with changes that occur in society. The dynamics and demands of society which are so rapidly changing have actually caused various legal problems, including the problem of the government's responsibility in providing protection in accordance with its duties and responsibilities as well as its authority.

In Volume 21 Number 1, January - June 2015, several legal issues that are in the spotlight are the Constitutional Review of Presidential and Vice President Impeachment Arrangements in Realizing Democracy, Practices of Public Participation in the Formation of Regional Regulations in Ambon City, Legal Consequences of State Financial Losses in the Investigation Process Corruption Crime, the Role of the Correctional Center (Bapas) in the process of resolving crimes committed by children based on Restorative Justice, Dissecting the Corruption Case of Gayus Tambunan with Anomi's Knife, Criminal Law Formulation Policies in Combating Gambling Crime Through the Internet (Internet Gambling), Implementation of Article 38 Law Number 28 of 2014 Concerning Copyright as a Legal Protection Effort for Batik Art Works, License Agreements as Forms of Brand Protection, and Religious Freedom Viewed From a Human Rights Perspective

The thoughts developed above are actually based on studies related to the development and development of legal science in the future, I hope these writings are useful.


2014

Volume 20 Nomor 2, Juli - Desember 2014

Vol 20, No 2 (2014): Volume 20 Nomor 2, Juli - Desember 2014

Editorial Introduction

 

The government, in carrying out its duties, is often faced with changes that occur in society. The dynamics and demands of society which are so rapidly changing have actually caused various legal problems, including the problem of the government's responsibility in providing protection in accordance with its duties and responsibilities as well as its authority.

In this edition of Volume 20 Number 2, July - December 2014, several legal issues that are in the spotlight are Supreme Court Regulations and Constitutional Court Regulations According to Types of Laws and Regulations in Indonesia, Political Role of Law in Regional Development Planning, Government Legal Accountability (Study of Space Scope and Relationship with Discretion), Regulation of Authority in Management of Marine Areas, Position of Husband in the Kinship System of Indigenous Peoples Viewed from a Human Rights Perspective (Study in Letwurung Village, Babar Timur District, Southwest Maluku Regency), Criminal Law Policy in Handling Child Crimes, Violence Sexual Against Women in Conflict Areas (Study of International Law and Its Application in Indonesia), The Influence of International Law on the Development of Contract Law in Indonesia, and Moral Rights of Creators on Copyright Works Downloaded from the Internet The thoughts developed above are actually based on In studies related to the development and development of legal science in the future, I hope these papers are useful.

Volume 20 Nomor 1, Januari - Juni 2014

Vol 20, No 1 (2014): Volume 20 Nomor 1, Januari - Juni 2014

Introduction


Legal problems and their enforcement are things that are never finished to be resolved and solutions are sought, whether related to the duties and responsibilities of the government, overcoming crimes and the process of solving legal problems, all of which require thought and research to find appropriate solutions to answer problems. the law that is happening right now.

In Volume 20 Number 1, January - June 2014, some of the legal issues that are in the spotlight are the validity of expert statements in the criminal act of corruption, juridical reviews of the application of the death penalty threat in the crime of corruption, juridical analysis of teaching and in cases of abortion Provocatus with reasons of failure Contraception, Religious Freedom as a Constitutional Right in Indonesia, Dismissal Examination Functions in State Administrative Courts, Juridical Studies on the Problems of Outsourcing Post-Constitutional Court Decision Number 27 / UUU-IX / 2011 (Study at PT. PLN (Persero) Maluku and Maluku Region North), Fishery Dispute Resolution in the high seas according to international law, the authority of local governments in granting environmental permits, and legal protection of the right to the environment from the perspective of international law and Indonesian national law.

The thoughts developed above are actually based on studies related to the development and development of legal science in the future, I hope these writings are useful.



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