The Commercial and Financial Instruments of Unidroit and Uniform THE: Law Mexican Challenge /Las Convenciones Internacionales Comerciales Y Financieras De Unidroit Y La Uniformidad Del Derecho: El DesafiO DE Mexico - Mexico D.F., 6-8 November/noviembre 2000. International seminar organised by the International Institute for the Unification of Private Law U( NIDROIT ), the Institute of Legal Research of the National Autonomous University of Mexico and the Government of Mexico /Seminario internacional organizado por el Instituto internacional para la unificacion del derecho privado (UNIDROIT), el Instituto de Investigaciones Juridicas de la Universidad Nacional Autonoma de Mexico y el Goberno de Mexico.

2000 ◽  
Vol 5 (3) ◽  
pp. 519-520
2018 ◽  
Vol 4 (2) ◽  
pp. 141-152
Author(s):  
Dwi Widia Astuti

The role of taxes is very important in the state finances. Taxes become necessary in financing the expenditures of the state, especially the routine state expenditures. However, not infrequently there are taxpayer actions that cause in State losses. The condition is realized by the government so that the government issued Law Number 11 Year 2016 on Tax Amnesty. However, with the issuance of the Tax Forgiveness Law, it has resulted in various views in the community because for some obedient taxpayers, it is assumed that taxpayers are granted the convenience of their mistakes. So that does not reflect justice as one of the objectives of the law. Based on the issue, the authors will conduct further research on the legality of tax debt relief in the framework of tax forgiveness and the urgency of determining the tax forgiveness rule. This study is qualified as a normative juridical legal research with a type of legal research doctrinal using a statutory approach, and a conceptual approach. From this research, it is expected that the writer can analyze related to the legality of tax debt relief in the framework of tax forgiveness and the urgency of determining tax forgiveness rule.


Author(s):  
I Wayan Juwahyudhi

ABSTRACTOne of the police authorities is a discretionary action, where the action can also be done at the time of the investigation in dealing the juvenile offenders to protect children’s right to get justice and maximum legal protection. In the Law Number 11 of 2012 on the Juvenile Criminal Justice System stipulate about the investigator authority to carry out action of diversion, but this only applies to children under sentence of less than 7 years in prison and does not apply in children who are subject to punishments of more than 7 years in prison. This is contrary to the 1945 Constitution and the Law Number 23 of 2002 which emphasizes the protection of children before the law an the efforts to avoid imprisonment of the juvenile offenders.The thesis describes the police authority and the legal mechanisms and policies by the investigator in protecting the right on the juvenile offenders that puts the principles of legal protection. In order to avoid negative effects on children, therefore the police discretion is needed to avoid restrictions on freedom of the children’s right. The method used is a normative legal research method, where the normative or library legal research method is done by examining existing library materials.The writer suggested to the government to be more serious in dealing with the problems of children, especially for the juvenile offenders so that the welfare and right of children are protected and to avoid restrictions on freedom and minimize for juvenile offenders.


1985 ◽  
Vol 9 (2) ◽  
pp. 53-62
Author(s):  
Francis X. Brown

The International Institute for the Unification of Private Law proposed that an International Hotelkeeper's Contract be signed by all nations so that innkeeping laws be consistent throughout the world. The benefit to innkeepers is the right to sue guests who fail to use the agreed upon accommodations for a percentage of the first seven days rent if the innkeeper can prove actual damages. The disadvantage to the innkeeper is the responsibility for all guest property up to 500 to 1, 000 times the daily room rate. Lined up against the proposed contract are both the International Hotel Association and the American Hotel and Motel Association. In favor of the contract are the government representatives who voted for it. The paper discusses the seeming inconsistencies between the groups.


2019 ◽  
Vol 19 (2) ◽  
pp. 233
Author(s):  
Erisa Ardika Prasada ◽  
Joni Emirzon ◽  
K.N Sofyan Hasan

Baitul Maal wat Tamwil (BMT) was established and developed with a gradual process of legal legality, namely BMT in which its legal entity was not yet known, BMT that had not had a legal entity, and BMT that had a diverse legal entity. This writing aimed at analyzing the concept of legal strengthening of BMT in Indonesia. This type of legal research was normative legal research on legal principles and legal systematics. Based on the discussion, it was concluded that BMT could be a legal entity because it had fulfilled the requirements requested by legislation, namely the general rule of Article 1653 of the Civil Code which stated that in addition to genuine civil fellowship, the law also recognized assembly of people as legal entity, both held or recognized by the government, or the assembly was accepted as permitted, or had been established for a specific purpose that was not contrary to law or good morality. Juridical considerations for BMT institutions were legal legality for every sharia economic activity and the variety and partial legal norms of BMT.


2021 ◽  
Vol 58 (1) ◽  
pp. 1822-1827
Author(s):  
Ali Mukartono, Et al.

This paper aimed to elaborate the legal construction model for the collusion and nepotism offense to be optimal as an instrument to prevent corruption in Indonesia. Numerous efforts have been implemented by the government to prevent and thoroughly eradicate corruption, which is tagged a white-collar and extraordinary crime. During the reform period, several institutions were implemented to help in the eradication of corruption but corruption cases in Indonesia have been increasing significantly. This paper uses the normative legal research. proper legal construction model is needed in handling collusion and nepotism, which starts by making new laws directed towards the direction of the applied state to achieve its goals. The formation of a new law needs to cover enforcement agencies. Furthermore, Human Resources need to be reformed and intensified to develop people that understand the law, in order to determine the dangers of collusion and nepotism, thereby preventing corruption. Similarly, in the institutional viewpoint, collusion and nepotism need to be handled by the KPK, police, and the prosecutor's office in order to preventcorruption


2021 ◽  
Vol 2 (2) ◽  
pp. 73-81
Author(s):  
Yeni Nur Arifin

Taxes make a major contribution to the source of state revenue which is used to finance development in Indonesia. However, there are still many taxpayers / tax insurer who are not compliant in paying taxes. The problems in this study are why the government uses tax hostages in collecting tax debts, how hostages are used as a means of force in collecting tax debts and how hostage-taking is viewed from a juridical aspect. The research method used in this research is normative legal research method. The result of the research is that there are several factors that become the reasons for tax hostage taking. The government (fiskus) in collecting tax debt with tax hostages has been carried out in accordance with the provisions of the law. Based on the aspect of legal certainty, tax hostages in Indonesia already have a legal umbrella, namely Law no. 9 of 2000 and several other regulations. From the aspect of justice, legal protection is provided to taxpayers / tax insurer who are subject to tax hostages. From the benefit aspect, the application of tax hostages is beneficial in increasing taxpayer compliance.


2020 ◽  
Vol 1 (2) ◽  
pp. 384-387
Author(s):  
I Komang Gede Suwanjaya ◽  
I Nyoman Sumardika ◽  
Ni Made Puspasutari Ujianti

A nominee agreement is an agreement that has not been specifically regulated in the Civil Code, but grows and develops in the community. The agreement is included in a special agreement or often called an innominate agreement. Based on this background, this research was conducted with the aim of describing the arrangement of nominee agreements as a form of land ownership by citizens in Bali and the responsibilities of notaries in drafting agreement deeds for land tenure by foreign nationals in Bali. The research method used was normative legal research. Based on the results, it was revealed that there was no specific regulation regarding the nominee agreement which was regulated in the Civil Code. As long as the parties are able to carry out the agreement properly in accordance with the provisions of the law regarding the validity of the agreement and regarding land ownership rights that have been regulated in the Civil Code and the Basic Agrarian Law, the agreement is valid before the law. Furthermore, the responsibilities and duties of a notary have been regulated in the Law on Notary Position. the ownership of land by a foreigner based on a nominee agreement is an act that is prohibited or against the law. The violation of the articles referred to in Article 84 of the Notary Position Law is a guarantee of the formal requirements for making an authentic deed. The government must supervise this anonymous agreement because this agreement is legal smuggling. 


2021 ◽  
Vol 3 (1) ◽  
pp. 155-170
Author(s):  
Nirwan Junus ◽  
Karlin Zakaria Mamu ◽  
Mohamad Syahnez W. Aditya Cono

Oil and Gas plays an important role in the fulfillment of fuel needs from both the industrial and transportation sectors. This regulation on Oil and Gas has provided a legal basis in its implementation.  The presence of retail fuel businesses "Pertamini" is causing legal problems, this is because the existence of these businesses do not have a formal business license at all.This paper analyzes the sale of fuel under the brand "Pertamini" which does not have a business license. This research uses normative legal research method with statute approach and conseptual approach.The results showed that, with the increasing number of "Pertamini" fuel traders without a license, it will certainly have implications for the law and uncontrolled management of Oil and Gas. Therefore, the government and related agencies can issue permits to "Pertamini" fuel traders. Because by obtaining a legal business license, in terms of its management can be carried out optimal supervision to prevent the occurrence of fuel misuse. This also includes efforts to provide certainty and legal protection to "Pertamini" Fuel Traders.


1986 ◽  
Vol 3 (2) ◽  
pp. 331-334
Author(s):  
Muhammad Anwar

Muhammad Akram Khan, the well-known Islamic economist, is presentlyDirector-General in the Audit and Accounts Services of the government ofPakistan. He is a prolific writer and scholar with Islamic inspiration and astrong grip on the subject. He has written dozens of articles and books onIslamic economics since 1965 in English and Urdu. His works have beenpublished by organizations and journals of national and international repute.Two of his very important works are “Economic Teachings of ProphetMuhammad (PBUH)” and “Islamic Economics: Annotated Sources in Englishand Urdu.” The first book is a classified compilation of ahadith relating toIslamic economics and is being published by the Islamic Research Academy,Lahore. It is a monumental work that may turn out to be an indispensablereference on Islamic economics. The second book contains 1,300 abstractsclassified into approximately forty headings. It is the first annotatedbibliography on Islamic economics.“The Challenge of Islamic Economics,” the book under review, is madeup of three papers written, respectively, for the “Journal of Research in IslamicEconomics” in 1983, “the Third International Seminar on Islamic Thought,”held under the auspices of the International Institute of Islamic Thought inKuala Lumpur in July 1984, and the “International Seminar on IslamicEconomics” held at Sokoto in February 1985. They make up chapters one,two, and three respectively.The book is addressed to the teachers and researchers in Islamiceconomics. It informs its readers of the nature, scope, and methodology ofthis discipline. It points out some of the strengths and weaknesses in theliteratme dealing with this subject and advances an approach for teachingIslamic economics. This book, like most of the author‘s writings, is logical,consistent, and thought--provoking ...


Author(s):  
Ольга Муратова ◽  
Olga Muratova

The article is devoted to analysis of specifics and trends of legal regulation of pre-contractual relations in international commercial turnover. The emergence of disputes arising from pre-contractual relations, the recognition of the doctrine of culpa in contrahendo, which appeared in the late nineteenth century and helped to establish the Institute that meets the needs of the international commercial turnover in the XXI century. The determining factor in the formation of the new Institute of pre-contractual relations of the Russian civil law are the successes of the foreign national codifications of private law and the unification of international private law in the European Union in the framework of non-governmental organizations: International Institute for the Unification of Private Law (UNIDROIT), the Hague conference on private international law, etc. These achievements prefaced the inclusion in the civil code provisions on pre-contractual relations by putting the question of formal recognition of their existence as an independent Institute of the civil law on the legal consequences occurring as the result of unfair behavior at the pre-contractual stage. The author also draws attention to the complexity of the recognition of those or other actions of potential contractors of the existence of pre-contractual relations, which raises the question of whether their formalization through written fixation. In addition, the author considers the problem of implementation in the Russian legislation the principle of autonomy of will of parties to select the law applicable to pre-contractual relations. At the end the author comes to a conclusion that the most suited to modern commercial reality is an approach, according to which the principle of autonomy of will of the parties is a fundamental criterion for determining the law applicable to pre-contractual relations. The choice of such rights must be granted to the parties pre-contractual relations, as the conclusion of the main contract or after its conclusion (for example, if you have any pre-contractual dispute).


Sign in / Sign up

Export Citation Format

Share Document