scholarly journals THE INTERNATIONAL LEGAL REVIEW OF THE MANAGEMENT OF OIL AND GAS IN INDONESIA

2016 ◽  
Vol 1 (1) ◽  
Author(s):  
Nur Fitriani Khairunnisa

Abstract This research aims to determine the regulations of international law and the national law on the management of oil and gas in Indonesia. This research was conducted in several related Institutions in Jakarta, such as the Ministry of Energy and Mineral Resources, Directorate general of Oil and Gas, Ministry of Foreign Affairs and Pertamina Jakarta. This research conducted field research method, to find out the primary data through interviews with several resources who have competent research above objects, also used literature research method to find out the secondary data through the documents related to the object of research. The implementation of the cooperation contract adopting the system of the national sovereignty, in the implementation, each country has a different forms according the development of the contract system of oil and gas. Keywords: Contract, Oil and Gas in Indonesia

2021 ◽  
Vol 2 (2) ◽  
pp. 87-102
Author(s):  
Waidatin Nur Azizah

Sales of used motor vehicles in Indonesia are subject to Value Added Tax (VAT) of 10% of the selling price and are charged to consumers. Value-Added Taxes collected when delivering to consumers are called output taxes. According to PMK Number 79 of 2010, Taxable Entrepreneurs (PKP) who sell retail used motor vehicles credit and input tax of 90% of the output tax. Therefore, PKP remits the payable VAT to the state treasury at 1% of the selling price. As a result, there is a more difference of 9% of the selling price paid by consumers and not deposited in the national treasury. According to research, this 9% excess is income for entrepreneurs and may be subject to income tax. However, no regulations are governing further regarding the taxation of this excess. The purpose of this study is to determine the potential income tax on the excess of VAT on the sale of motorcycles and used car retail. The research method used is descriptive qualitative using primary data and secondary data. Primary data is obtained directly from data sources, namely in-depth interviews with practitioners and academics in taxation at the Fiscal Policy Agency and the Directorate General of Taxation. The results of this study are that there is considerable potential regarding aspects of income tax on the excess of VAT on retail sales of used motorcycles and cars


2020 ◽  
Vol 3 (1) ◽  
pp. 237
Author(s):  
Sumaryono Sumaryono ◽  
Sri Kusriyah Kusriyah

Fraudulent criminal acts that have been regulated in the Criminal Code (KUHP) with various modes, one of which is fraud by shamans with a multiplied money mode has made law enforcers increasingly have to rack their brains to be able to prove it. This study aims to examine and analyze law enforcement by the judge in decision No.61 / Pid.B / 2019 / PN.Blora with consideration of the criminal elements. The research method used is a sociological juridical approach. The specifications of the study were conducted using descriptive analytical methods. The data used for this study are primary and secondary data. The data consists of primary data and secondary data using field research methods, interviews, and literature studies. Based on the research it was concluded that the case ruling number 61 / Pid.B / 2019 / PN Bla with a fraud case with shamanism practices in the mode of duplicating the judge's money considering that the Defendants have been indicted by the Public Prosecutor with alternative indictments, so the Panel of Judges paid attention to the facts The aforementioned law decides on the first alternative indictment as regulated in Article 378 of the Criminal Code Jo Article 55 paragraph (1) of the 1st Criminal Code by considering the elements of that article.Keywords: Criminal Law Enforcement; Fraud; Multiple Money.


Wajah Hukum ◽  
2020 ◽  
Vol 4 (2) ◽  
pp. 245
Author(s):  
Baharudin Baharudin

Marriage must meet the requirements and harmony, one pillar that must be met is the marriage guardian. The existence of a guardian in a marriage contract is a must and is not a legal marriage agreement that is not carried out by the guardian. The guardian is placed as a pillar in marriage according to the agreement of scholars in principle. The problem in this research is how is the formal law in the stipulation of Metro Religious Court Number 0055 / Pdt P / 2019 / PA.Mt regarding the application of guardian application? and what is the basis for the judge's judgment (material law) in deciding on the Establishment of the Metro Religious Court Number 0055 / Pdt P / 2019 / PA.Mt regarding the application of a guardian?. The research method uses a normative and empirical juridical approach. The type of data used is secondary data and primary data. Collecting data through library research and field research. Analysis of the data used is qualitative juridical.


2019 ◽  
Vol 1 (1) ◽  
pp. 30-39
Author(s):  
Maryati B

The Helsinki 2005 Memorandum of Understanding (MoU) is a peace agreement that was made by the international law subjects upon the agreement between the states (Indonesia) and the rebel group (Free Aceh Movement - GAM).  However, there are some questions underlying this agreement. The first is whether the Helsinki MoU can be classified as an international agreement or not if it is viewed from the subjects who signed the agreement. The second issue is about the status of the parties who signed the MoU; whether it can be eliminated according tothe agreement rules or not. The last issue is due to the law consequences ifthose parties break the agreement during the implementation of the MoU. This studyused a qualitative research method. The primary data was collected through interviews and the secondary data was obtained through the library research. The data was analyzed by using descriptive analytical method that was written in the form of report.From the data analysis it is found that the MoU Helsinki is categorized as an international agreement which use a treaty contract that only applies to the parties who sign the agreement. Considering of this agreement that is signed by only two parties which bound by the agreement rules; so, the parties must not be eliminated. This is done in order to keep the agreement to be still in place and not extinct. Further, it is also found that if the infraction happens during the implementation of the agreement i.e break the local laws (qanun) and its derivatives; then, the inflicted party can prosecute the offender into the trial. They also can request for a detriment or ask for the correct implementation of the agreement as it is agreed upon the agreement. If the infraction does occur, it will put the agreement at risk and harm the MoU. It is suggested that the Indonesian government should implement the MoU as it is already stated in the agreement and also bring about the qanun that has been made by both parties. This is done as the way to keep the peace agreement still in place.


Author(s):  
Deviera Dika Putri Harlapan ◽  
I Made Sarjana

Protection of workers with the existence of the Manpower Act is expected to reduce or even eliminate treatment that is considered unfair which is generally carried out by employers to workers. The existence of a Manpower Act which is the legal umbrella for workers which includes wage protection. Writing this journal aims to find out and elaborate more deeply on the legal relationship between outsourcing workers and companies that use outsourcing services and to seek efforts to resolve cases at PT. Caterison. The method used in writing the journal is an empirical legal research method, in this case the Manpower Act with the facts that occurred at PT. Caterison deals with outsourcing workers who are not entitled to payment of their wages. The types of approaches used are the statutory approach, the case approach, and the legal concept analysis approach. The data used are primary data obtained directly from field research and secondary data sourced from library research. In data collection techniques, using descriptive analysis techniques. PT. Caterison as an outsourcing service user signed an agreement and made an agreement with an outsourcing service provider company with the aim of filling some parts of the work within the company. The case began when outsource worker who carried out his duties at PT. Caterison felt he was not entitled to his wages for three consecutive months. This becomes necessary to be resolved because the issue of wages is a sensitive matter. Perlindungan terhadap pekerja dengan adanya Undang-Undang Ketenagakerjaan diharapkan mampu mengurangi atau bahkan menghilangkan perlakuan yang dinilai tidak adil yang umumnya dilakukan oleh pengusaha kepada pekerja. Adanya Undang-Undang Ketenagakerjaan yang menjadi payung hukum untuk pekerja yang didalamnya termasuk ke dalam perlindungan upah. Penulisan jurnal ini bertujuan untuk mengetahui serta mengelaborasi lebih dalam mengenai hubungan hukum antara pekerja outsorcing dengan perusahaan yang menggunakan jasa outsorcing dan untuk mencari upaya penyelesaian kasus yang terdapat pada PT. Caterison. Metode yang digunakan dalam penulisan jurnal yakni metode penelitian hukum empiris, dalam hal ini Undang-Undang Ketenagakerjaan dengan fakta yang terjadi pada PT. Caterison berkenaan dengan pekerja outsorcing yang tidak mendapatkan hak atas pembayaran upahnya. Jenis pendekatan yang digunakan yakni, pendekatan perundang-undangan, pendekatan kasus, serta pendekatan analisis konsep hukum. Dalam penggunaan sumber data, data yang digunakan yakni data primer yang didapatan langsung dari penelitian lapangan dan data sekunder yang bersumber dari penelitian kepustakaan. Dalam teknik pengumpulan data, menggunakan teknik analisis deskripsi. PT. Caterison sebagai pengguna jasa outsourcing menandatangani perjanjian serta membuat kesepakatan dengan perusahaan penyedia jasa outsourcing dengan tujuan mengisi beberapa bagian pekerjaan dalam perusahaan namun bukan pada pekerjaan inti. Kasus bermula ketika pekerja outsourcing yang menjalankan tugasnya pada PT. Caterison merasa tidak mendapatkan hak atas upah nya selama tiga bulan berturut-turutHal ini menjadi perlu untuk diselesaikan dikarenakan permasalahan upah adalah hal yang sensitif.


Author(s):  
Muhammad Fachri

AbstractThe border area is one of the national strategic areas, the development of border areas is often faced with various security, defense, economic, social and cultural issues. The vulnerability of violations occurring in the Indonesia-Malaysia border region can cause many problems that arise from illegal border crossers, Smuggling of Goods, Illegal Workers, Terrorism. In this essay investigate the extent of government efforts in reducing border violations in Indonesia-Malaysia border region especially in Nunukan district. This research was conducted by Nunukan Regency in several agencies that handle border issues, Nunukan District Government Office, District Command 0911 of Nunukan, Ministry of Immigration Nunukan District, Navy Command Nunukan District This research was conducted by data collection method (field research), to obtain primary data through interview with the competent party in this research, and by method of literature research, to obtain secondary data through binding legal materials. Post-border crossings in Sei Pancang have a significant impact on border residents who want to pass. This can lead to a large number of illegal borderline subscribers. However, in its implementation in an effort to reduce border violations in the border area the government is faced by many factors that can affect law enforcement, law factors, law enforcement factors, facilities, cultural and community factors.Keywords: Border Area, Government, Law Enforcement.AbstrakKawasan perbatasan merupakan salah satu kawasan strategis nasional, pembangunan kawasan perbatasan seringkali dihadapkan dengan berbagai masalah keamanan, pertahanan, ekonomi, sosial, dan budaya. Rawannya pelanggaran yang terjadi di wilayah perbatasan Indonesia-Malaysia dapat menyebabkan banyaknya masalah yang timbul mulai Pelintas batas illegal, Penyelundupan barang, TKI Ilegal, Terorisme. Di essay ini menyelidiki sejauh mana upaya pemerintah dalam mengurangi pelanggaran tapal batas di kawasan perbatasan Indonesia-Malaysia khususnya di kabupaten Nunukan. Penelitian ini dilakukan Kabupaten Nunukan di beberapa instansi yang menangani masalah perbatasan, Kantor Pemerintahan Daerah Kabupaten Nunukan, Komando Distrik 0911 Kab. Nunukan, Kementerian Keimigrasian Kab. Nunukan, Komando Angkatan Laut Kab. Nunukan. Penelitian ini dilakukan dengan metode pengumpulan data (field research), untuk memperoleh data primer melalui wawancara dengan pihak yang kompeten dalam penelitian ini, dan dengan metode studi literatur (literature research), untuk memperoleh data sekunder melalui bahan-bahan hukum yang mengikat. Pasca pentupan pos lintas batas di Sei Pancang berdampak signifikan terhadap warga perbatasan yang ingin melintas. Hal ini dapat memunculkan banyaknya pelangggar batas illegal. Namun pada pelaksanaanya dalam upaya mengurangi pelanggaran tapal batas dikawasan perbatasan pemerintah dihadapkan oleh banyak faktor yang dapat mempengaruhi penegakan hukum, faktor undang-undang, faktor penegak hukum, faktor sarana dan fasilitas, faktor kebudayaan dan masyarakatKata Kunci : Pemerintah, Penegakan Hukum, Wilayah Perbatasan


Author(s):  
Ahmad Gawdy Prananosa ◽  
Dooni Pestalozi ◽  
Adisel Adisel

This study aims to examine the concept of educational communication in alqur`an letter Lukman. This research is designed using qualitative approach by applying literature research method. The data used in this study comes from primary data and secondary data, while the primary data are the Qur'anic Manuscript of Lukman and supported by the hadiths of the Prophet relevant to the research problem, while the secondary data comes from books, magazines and written documents. The conclusion of this study reveals that the concept of educational communication in Surat Lukman is indicated by the dialogical atmosphere between father and son in an effort to achieve the salvation of life in the world and in the hereafter. The term dialogis here indicates that there is an element of communication between two people, in this case father and son. Father is a communicator or initiator of ideas in planning the atmosphere of the dialogue. But also he is at the same time the listener (in feedback dialogue) so that he at once became a communicant Keyword: Education Communication, al-Qur`an Surat Lukman  


2021 ◽  
Vol 5 (2) ◽  
pp. 306
Author(s):  
Ma'ruf Amini ◽  
Devina Arifani

This study aims to determine the political situation in Afghanistan which is now occupied by the Taliban. This qualitative research method is often called "naturalistic research method" because the research is carried out in natural conditions (natural setting). In this study, researchers used two kinds of data, namely primary data and secondary data. To determine the validity of the data, an inspection technique is needed. The implementation of the inspection technique is based on a number of certain criteria. There are four criteria used, namely the degree of trust (credibility), transferability, dependence (dependability), and certainty. The conclusions of this study are; 1) The Taliban insists that it is committed to peace talks with the Afghan government. The implementation of the original Islamic system will be something they strive for. 2) The Taliban is committed to accommodating all the rights of citizens, whether male or female, based on the noble religious rules of Islam and the noble traditions of Afghan society. The Taliban will allow women to carry out public roles. 3) Advancing a better Afghanistan.


2013 ◽  
Vol 4 (1) ◽  
pp. 414-422 ◽  
Author(s):  
Haryadi Sarjono ◽  
Engkos Achmad Kuncoro

This research intends to know position of market growth in higher education, especially Sekolah Tinggi, based on market share, using BCG metrics. Unit analysis is all private higher educations in Kopertis III – DKI Jakarta, consisting of University, Sekolah Tinggi, Institute, and Academics. The object of analysis is the numberof new student admission. Method of data collection in this paper is field research including observation and literature research method. The secondary data used in this study is data from Kopertis region III. Based on the results of the study, it is obtained Sekolah Tinggi for the academic year 2008 and 2009 is in quadrant III (Cash Cow).


2021 ◽  
Vol 5 (1) ◽  
Author(s):  
Endro Rasetya Prasetyandoko ◽  
Yeni Widowaty

This crime often occurred and can directly be witnessed and committed publicly of Yogyakarta, this type of crime known as Klithih. Crimes committed by the offender emerge general reaction as this act may disturb public. It is not only harm a single victim but also multiple. This crime majorly offended by secondary senior high school teens. Aims of this research related to criminology study on Klithih offender in special region of Yogyakarta are to find out causing factors as well as to find out countermeasure efforts of the authorities on such a crime and enforcement concept on the crime in Yogyakarta. This research applied juridical-empirical legal research method namely applied procedure to overcome problems by researching secondary prior to analysing primary data that collecting from field research. The primary data collected from interviews with informants, meanwhile secondary data are collected from documentation, books, literatures and archives that related with research object. Data analysis is applying qualitative method that analysing normative (juridical) aspects under a descriptive-analysis manner. Research result indicates that (1) causing factors of Klithih crime in the special region of Yogyakarta are including revenge, circumstances, alcohol and the lack of education; (2) efforts taken by police to overcome Klithih crime in the special region of Yogyakarta namely penal and non-penal acts.


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