scholarly journals The Theory of Zariah Legal Movement and It's Application in Market Law in Indonesia

2020 ◽  
Vol 5 (1) ◽  
pp. 69-83
Author(s):  
Mustapa Khamal Rokan

This paper explains the legal movement zariah legal theory of history, concepts, philosophies, ways of working and its implementation in developing legal issues. The legal issue taken is the issue of antitrust law in Indonesia, especially in the contestation of modern markets and traditional markets in Indonesia. This paper uses a qualitative method with secondary data retrieval which is analyzed with a normative approach, history and legislation. The results showed the law must be able to move (movement) to form the ideal law. In the ideal market law that is by protecting (sadd), empowering (fath) and also collaborating (jam'u). The form of protection (sadd), a small market can be done in accordance with the conditions and situations that develop in the market. The form of legal protection can be in the form of legal protection of existence, giving tax payment incentives, protection against price competition, protection through granting location and time permits, protection by differentiating types of products in each type of market, as well as cooperating between modern markets and markets traditional.

Author(s):  
Arif Ismanto ◽  
Try Julianda ◽  
. Mursidah

This research aims to know the attitude of consumers, the level of satisfaction, and what product attributes that are considered consumers before buying the broiler carcass in traditional market of Samarinda City. The data retrieval research conducted during November 2016. The basic method of research is using descriptive method, and it’s implementation with the technique level. The location of the study was chosen intentionally in Samarinda City by taking 3 traditional markets as a sample. The determination of the number of samples is done proportionally and the technique of determining the sampling method by chance (Accidental sampling) with the number of samples of 50 respondents. The type of data used is primary data and secondary data with data collection techniques by observation, interview, and recording. The analysis used is Fishbein Multi Attribute attitude analysis and to analyze satisfaction using Customers Satisfaction Index. The result of the research based on analysis of Fishbein Multiatribut known to consumer attribute value toward color attribute 16.80, weight (16.48), aroma (15.76), skin hygiene (14.57) and price (13.11). Based on Costumer Satification Index the level of customer satisfaction on broiler carcass is 77.11%. Result of research based on analysis of Fishbein Multi Attribute known consumer attitude toward carcass is “positive” which means consumers are well-receptive to broiler carcass in traditional markets with most attributes considered in the purchase decision of chicken carcasses in traditional markets of Samarinda City is the color of broiler carcasses. The order of attributes from the most considered to the least considered is color, carcass weight, aroma, skin hygiene and broiler carcass price. Based on Customer Satisfaction Index of consumer satisfaction level against broiler carcass is 77.11% who are satisfied category.


Yustitia ◽  
2018 ◽  
Vol 4 (2) ◽  
pp. 188-208
Author(s):  
Siti Sumartini

Problems of Indonesian Workers (TKI) is never complete, this is caused by many factors that lie behind it. Cases of physical violence, unpaid salaries, sexual ravings to the death penalty of defending. can be drawn a legal issue that focuses as follows; What is the Shape of Protection Against TKIs working in other countries in a human rights perspective? and How can the International Minimum Standards Principle be applied as a form of protection to labor migrants?. This research is done by using normative juridical method. This juridical approach is due to this research by analyzing the legal aspects that exist, and is normative since this study focuses more on the analysis of existing legislation and other regulations, both from national and international perspectives, as well as using data secondary data that is scientific references or other scientific writings as a study material that can support the completeness of this scientific work. Legal protection regarding TKI is an absolute must be done by the Indonesian government, given the TKI is a foreign exchange hero for the country.


2020 ◽  
Vol 7 (3) ◽  
pp. 130-137
Author(s):  
Raden Muhammad Mihardi

Purpose of the study: This research aims to describe legal issue related to the protection to Indonesian migrant workers who work abroad and to analyze the existence of migrant workers in Indonesia, viewed from human rights which must get legal protection in constitution and regulation of legal norm and implementation in the applicable legislation. Methodology: This research used the normative research methodology supported by empirical data from the document of institutional study. Main Findings: Research about the protection of human rights in Indonesian Migrant Worker sector is a certainty. It is guaranteed in the international documents (Declaration of Human Rights in the United Nations, Convention of United Nations on Ecosoc and ILO Convention) and national documents (1945 Constitution and Law of Indonesian Migrant Worker Protection). However, in the perspective of its implementation, it has complexity. The protection to Indonesian migrant workers involves many parties, central and regional rules, and culture. This research focuses on the context of Indonesian Migrant Worker protection in a country where they work from the perspective of human rights. This research has novelty since it captures and analyzes issue of Indonesian Migrant Worker in rules and empirical terms based on the database. Applications of this study: this study can be useful for Immigration is one of the instruments to support unity of family with different nationality background. Novelty/Originality of this study: The new in this study that may find the ideal concept of the treasury of jurisprudence, particularly for foreign citizens who legally get married with Indonesian citizens and ex-Indonesian citizens and children born from legitimate mixed marriage with double citizenship.  


2020 ◽  
Vol 1 (2) ◽  
pp. 83-87
Author(s):  
I Made Dharma Putra ◽  
I Nyoman Putu Budiartha ◽  
A. Sagung Laksmi Dewi

Children are an inseparable part of human survival and the survival of the nation and state. Today delinquency and crimes committed by children continues to increase, such as narcotics abuse, robbery, theft and rape, destruction of property and so on. When delinquency committed by children even leads to criminal acts, of course this is very disturbing for the community. The existence of legal protection for naughty children in criminal sanctions is of course very desirable for the best interests of children who are in conflict with the law. The method used in this research is normative legal research or what is also called the term library research by examining document studies using secondary data, namely laws, legal theory, expert opinion and so on. The result of this research is that the process of examining criminal cases against delinquents and starting investigations, arrests, detention, prosecution, trials and placement at the correctional center must pay attention to children's rights, as well as legal protection of delinquents in imposing criminal sanctions where child protection aims to provide guarantees for children in conflict with the law. In this case, special investigators for children, investigations with a family atmosphere, investigators do not use service attributes, duties to carry out diversity, child secrecy and arrest must of course put Restorative Justice, and the fall of criminal sanctions against children must be based on truth, justice and child welfare. So that Law Enforcement Apparatus both the Police as Investigators, Public Prosecutors, and Child Judges with the enactment of Law Number 11 of 2012 concerning the Juvenile Justice System.  


2021 ◽  
Vol 2 (1) ◽  
pp. 64-68
Author(s):  
I Made Aditya Wira Sanjaya ◽  
I Nyoman Putu Budiartha ◽  
Putu Ayu Sriasih Wesna

In the business world, actors and consumers (use of goods or services) both have needs and interests. The business aims to earn profits and transactions with consumers, while consumers are to obtain satisfaction in terms of the price and quality of goods provided by the business actor. This study aims to explain the legal protection of consumers who consume pork in the traditional markets of Badung Regency and explain the supervision of the Government through the Agriculture and Food Service of Badung Regency on the sale of pork in the traditional markets of Badung Regency. This research used empirical legal research and a sociological legal approach. The data sources used were primary data and secondary data. Data collection techniques used in other studies used document study techniques and interviews. In this study, the processing and analysis were carried out qualitatively. This implementation is carried out at the Badung Regency Agriculture and Food Service. The rule of law against consumers is sufficient to protect consumer rights, furthermore, its effectiveness has been carried out effectively by the local government of Badung Regency


Jurnal Akta ◽  
2020 ◽  
Vol 7 (2) ◽  
pp. 165
Author(s):  
Christian Bagoes Prasetyo ◽  
Aryani Witasari ◽  
Akhmad Khisni

The purpose of this study was to: 1) Knowing and To study Role in Making of Notary Deed of Limited Liability Company in order to boost the economy in Indonesia. 2) Knowing and To study Roles and Responsibilities of the Notary in order to boost the economy in Indonesia 3) Know and To study barriers of Notaries in Deed Limited Liability Company in order to boost the economy in Indonesia. The method used sociological juridical research specification employed is normative, data retrieval methods used primary data and secondary data, and then analyzed with descriptive analytical method.Based on the results of data analysis summarized that: 1) The role of the Notary of the government in economic development in Indonesia give legal certainty and legal protection in the field of engagement and agreement 2) the presence of a notary becomes the spirit of the country's economic and social life and economic growth of Indonesian society. 3) barriers of notaries are facing is the technical suppose that the shareholders can not show passbooks are used as evidence of the capital and system of AHU Online / Legal Administration System (SABH) are always changing and error system.Keywords: Notary Role; Responsibilities Notary Deed of Limited Liability Company; Economy of Indonesia; Blora.


2016 ◽  
Vol 32 (1) ◽  
Author(s):  
Ayunita Nur Rohanawati

AbstractThis study aims to determine the social security system adopted by Indonesia, see Indonesia as a function of the welfare state as mandated by the 1945 Constitution has not done well, and to know the view of progressive legal theory legislation related to social security in providing solutions to the problems of social security the workforce. This research is devoted to the study of normative legal systematics, which is intended to determine the implementation of a theory of the legal conditions that exist in society. Results of this study produces a secondary data. The data obtained from the document collection process or library materials. Of the collection process, the data were analyzed qualitatively, systematically arranged, and presented descriptively. The results showed that Indonesia is still not able to fully administer social security for the people, where social security is still a “black and white” but the State has not been able in practice to assume responsibility for the implementation of social security as a whole. About social security, the Government is still not able to provide significant changes to the equalization gain social security for the workers, but changes in social security regulations on labor is performed repeatedly. Necessary party whom dared to take a policy or decisions that benefit the workers to realize the welfare of the workers. Parties reffered to the law is used as a progressive peeler, is a party that has an important role that enterpreneurs and the Industrial Relations Court Judge.Keywords: Social Security, Labour, Progressive LawIntisariPenelitian ini bertujuan untuk mengetahui sistem jaminan sosial yang dianut Indonesia, melihat fungsi Indonesia sebagai negara kesejahteraan sesuai amanat Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 belum terlaksana dengan baik, serta untuk mengetahui teori hukum progresif memandang peraturan perundang-undangan terkait jaminan sosial tenaga kerja dalam memberikan solusi atas permasalahan jaminan sosial tenaga kerja tersebut.Penelitian ini bersifat normatif yang dikhususkan pada penelitian sistematika hukum, yang dimaksudkan untuk mengetahui implementasi pelaksanaan suatu teori terhadap kondisi hukum yang ada di masyarakat. Hasil penelitian ini menghasilkan suatu data sekunder. Data tersebut diperoleh dari proses pengumpulan dokumen atau bahan pustaka. Dari proses pengumpulan tersebut, data yang diperoleh dianalisis secara kualitatif disusun secara sistematis dan disajikan secara deskriptif.Hasil penelitian menunjukkan bahwa Indonesia masih belum mampu secara seutuhnya menyelenggarakan jaminan sosial bagi rakyat, dimana jaminan sosial tersebut masih sebatas “hitam diatas putih” namun, negara belum mampu dalam pelaksanaannya untuk mengemban tanggung jawab pelaksanaan jaminan sosial tersebut secara utuh. Tentang jaminan sosial tenaga kerja, pemerintah masih belum mampu memberikan perubahan yang signifikan terhadap pemerataan perolehan jaminan sosial tenaga kerja bagi para pekerja tersebut, padahal perubahan peraturan tentang jaminan sosial tenaga kerja tersebut berulang kali dilakukan. Diperlukan pihak yang berani untuk mengambil suatu kebijakan atau keputusan yang bermanfaat bagi pekerja demi terwujudnya kesejahteraan bagi pekerja. Pihak sebagaimana dimaksud jika hukum progresif yang digunakan sebagai alat pengupas, adalah pihak yang memiliki peran penting yaitu pengusaha dan Hakim Pengadilan Hubungan Industrial.Kata Kunci: Jaminan Sosial, Tenaga Kerja, Hukum Progresif.


Author(s):  
Anggit Rahmat Fauzi ◽  
Ansari Ansari

The utilization of e-commerce media in the trading world brings impact to the international community in general and the people of Indonesia in particular. For Indonesian people, This is related to a very important legal problem. The importance of law in the field of e-commerce is mainly in protecting the parties who transact through the Internet. The purpose of this study is to know the legal review of the buying and selling agreements through electronic media as well as to know the legal protections for sellers and buyers if one of the parties commits a default. The research uses a normative juridical method of approach and the discussion is done in a descriptive analysis. The source and type of data used are primary data and secondary data. While the data collection techniques using literature studies, and the data obtained will be analyzed qualitatively. The agreement to buy and sell through electronic media is a new phenomenon that has been implemented in various countries and regulated in the Civil state nor law ITE. Legal protection for the parties in the sale and purchase agreements through electronic media is governed by the consumer protection ACT. Any breach must respond to any loss arising from his or her actions.


Author(s):  
Matheus Souisa ◽  
Paulus R. Atihuta ◽  
Josephus R. Kelibulin

Ambon City is a region consisting of hilly areas and steep slopes with diverse river characteristics. Research has been carried out in the Wae Ruhu watershed in Ambon City which starts from upstream (water catchment) to downstream. This study aims to determine the magnitude of river discharge and sediment discharge in the Wae Ruhu watershed. This research was conducted in several stages including, secondary data collection, research location survey, preparation of research tools and materials as well as field data retrieval processes which included tracking coordinates at each station point and entire watershed, calculation of river flow velocity, river geometry measurements, and sampling sediment. The results showed that the average river discharge in the Wae watershed in the year 2018 was 1.24 m3 / s, and the average sediment discharge was 6.27 kg / s. From the results of this study and the field observations proposed for flood prevention and the rate of sediment movement are the construction of cliffs with sheet pile and gabions.


Author(s):  
Yogi Maron ◽  
Ismansyah Ismansyah ◽  
Azmi Fendri

<p align="center"> </p><p><em>As happened to the Notary Eli SatriaPilo, S.H, Mkn, who was appointed as the Notary who made the Deed of Relinquishment of Land Rights in the Land Acquisition activities for the Construction of Campus III of the State Islamic Institute (IAIN) of Padang which was located in Sungai Bangek District, Padang</em><em> </em><em>in 2010. The method used was descriptive, in which describing the applicable legislation associated with legal theory in the facts and realities about the Notary’s Responsibility in Making Deed of Land Acquisition for the construction of Campus III of IAIN Padang in Sungai</em><em> </em><em>Bangek. This study used a Normative Juridical approach, in which researching by using and processing secondary data or literature related to the</em><em> </em><em>study. The data collected were in the form of primary data obtained from the District Court of Padang, secondary data obtained from secondary legal materials and primary legal materials. Based on the study, it was found that the role of Notary Eli</em><em> </em><em>Satria</em><em> </em><em>Pilo, in the land acquisition of campus III IAIN was proven to have misused the authority resulting in violation of the Notary Ethics Code and was responsible for accepting termination disrespectfully. Furthermore, he was also shown to be committing a Criminal Corruption made based on the Deed of Relinquishment of Land Rights in the land acquisition for the construction of Campus III of IAIN Padang, so that the State incurred losses of Rp. 1</em><em>.</em><em>946</em><em>.</em><em>701</em><em>.</em><em>050 (one billion nine hundred forty-six million seven hundred one thousand and fifty rupiahs). And he was responsible for receiving and carrying out the sentence that had been handed down by the District Court of Padang, a prison sentence of 4 (four) years, and paying a fine of Rp. 200</em><em>.</em><em>000</em><em>.</em><em>000 (two hundred million rupiahs)</em><em>.</em></p><p> </p>


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