scholarly journals IMPLEMENTATION OF THE CABOTAGE PRINCIPLE ON GOOD GOVERNANCE AS THE WORLD MARITIME AXIS

2019 ◽  
Vol 3 (1) ◽  
pp. 69
Author(s):  
Sudirman Sudirman
Keyword(s):  
Dispute Settlement ◽  
Good Governance ◽  
Social Engineering ◽  
Research Problem ◽  
Legal Culture ◽  
Is Implementation ◽  
Legal Structure ◽  
Positive Law ◽  
The World ◽  
World Maritime

<p>The research problem of this study is implementation of the Cabotage Principle in Indonesia in accordance with Law Number 17 of 2008 concerning Shipping has implications for Indonesia's positive law. The implementation of the Cabotage Principle is an integral part of the Archipelago Insight and is the basis for realizing Good Governance as the World Maritime Axis and will have positive implications if the Cabotage Principle is based on the Good Governance principles as the World Maritime Axis. The ideal implementation of the Cabotage Principle for the interests of Indonesia as the World Maritime Axis is determined by the synergy of three element of the legal system, namely the legal structure (structure of law), legal substance (substance of the law) and legal culture (legal culture). So that the Cabotage Principle as a Grundnorm can function properly, namely as social control, dispute settlement, and a tool of social engineering</p>

Mediation Effectiveness in Sharia Economic Dispute Settlement: Phenomenology in Bukittinggi Religious Court

2021 ◽  
Vol 6 (1) ◽  
pp. 78
Author(s):  
Riska Fauziah Hayati ◽  
Busyro Busyro ◽  
Bustamar Bustamar
Keyword(s):  
Dispute Resolution ◽  
Dispute Settlement ◽  
Legal Culture ◽  
Analysis Framework ◽  
Legal Structure ◽  
Inhibiting Factors ◽  
The Law ◽  
Mediation Effectiveness

<p dir="ltr"><span>The main problem in this paper is how the effectiveness of mediation in sharia economic dispute resolution based on PERMA No. 1 of 2016 at the Bukittinggi Religious Court, and what are the inhibiting factors success of mediation. To answer this question, the author uses an inductive and deductive analysis framework regarding the law effectiveness theory of Lawrence M. Friedman. This paper finds that mediation in sharia economic dispute resolution at the Bukittinggi Religious Court from 2016 to 2019 has not been effective. The ineffectiveness is caused by several factors that influence it: First, in terms of legal substance, PERMA No.1 of 2016 concerning Mediation Procedures in Courts still lacks in addressing the problems of the growing community. Second, in terms of legal structure, there are no judges who have mediator certificates. Third, the legal facilities and infrastructure at the Bukittinggi Religious Court have supported mediation. Fourth, in terms of legal culture, there are still many people who are not aware of the law and do not understand mediation well, so they consider mediation to be unimportant.</span> </p><p><em>Tulisan ini mengkaji tentang bagaimana efektivitas mediasi dalam penyelesaian sengketa ekonomi syariah berdasarkan PERMA Nomor 1 Tahun 2016 di Pengadilan Agama Bukittinggi dan apa saja yang menjadi faktor penghambat keberhasilan mediasi. Untuk menjawab pertanyaan tersebut, penulis menggunakan kerangka analisa induktif dan deduktif dengan mengacu pada teori efektivitas hukum Lawrence M. Friedman. </em><em>Tulisan ini menemukan bahwa m</em><em>ediasi dalam p</em><em>enyelesaian sengketa ekonomi syariah di Pengadilan Agama Bukittinggi </em><em>dari tahun 2016 sampai 2019 </em><em>belum efektif</em><em>. Hal ini karena dipengaruhi oleh beberapa faktor. </em><em> </em><em>Pertama, dari segi substansi hukum, yaitu PERMA No. 1 Tahun 2016 tentang Prosedur Mediasi di Pengadilan masih memiliki kekurangan dalam menjawab persoalan masyarakat yang terus berkembang. Kedua, dari segi struktur hukum, belum adanya hakim yang memiliki sertifikat mediator. Ketiga, sarana dan prasarana hukum di Pengadilan Agama Bukittinggi sudah mendukung mediasi. Keempat, dari segi budaya hukum, masih banyaknya masyarakat yang tidak sadar hukum dan tidak mengerti persoalan mediasi dengan baik, sehingga menganggap mediasi tidak penting.</em><em></em></p>

scholarly journals KENDALA PENYELESAIAN SENGKETA KONSUMEN MELALUI BADAN PENYELESAIAN SENGKETA KONSUMEN (BPSK)

2017 ◽  
Vol 1 (2) ◽  
pp. 572
Author(s):  
Hesti Dwi Astuti
Keyword(s):  
Dispute Settlement ◽  
Legal Culture ◽  
Operating Costs ◽  
Public Agency ◽  
Procedural Law ◽  
The World ◽  
Good Policy ◽  
Settlement Of Disputes ◽  
Bargaining Positions ◽  
Technical Guidance

Empowering costumers is a form of awareness on the specific characteristics in the world of costumers, the different interest among different parties which have various bargaining positions, has been given space in the field of costumer dispute settlement which is a good policy in empowering costumers. A special institution which has been appointed to resolve costumer disputes is the Costumer Dispute Settlement Agency (BPSK). Costumer Dispute Settlement Agency is an independent agency or institute, a public agency which has the duty and authority such as implementing the handling and settlement of disputes between costumers and businessmen. Based on the duties and authorities of BPSK, the costumer dispute settlement mechanisms should be registered to the nearest BPSK. The examination based on the request of the costumer is done just like proceedings in the General Court and the decision made by BPSK is final. However, during the implementation of their duties in settling costumer disputes, BPSK is facing some obstacles such as lack of technical guidance in regulating aspects related to procedural law, constrained by the human resources of BPSK members, the lack of understanding and awareness of costumers and also constrained by operating costs. Therefore, the improvement of the structure and legal culture needs to be done by socializing the costumer protection law to the public.Keywords : Costumer Dispute, Costumer Dispute Settlement Agency, Costumer Protection.

Penance, submission and deditio: religious influences on dispute settlement in later Anglo-Saxon England (871–1066)

2012 ◽  
Vol 41 ◽  
pp. 343-371
Author(s):  
Levi Roach
Keyword(s):  
Dispute Settlement ◽  
Legal Culture ◽  
Anglo Saxon ◽  
Central Idea ◽  
Regular Feature ◽  
Political Reconciliation ◽  
Religious Influences ◽  
The World ◽  
The Way

AbstractStarting with evidence from law-codes, this article traces how penance was increasingly integrated into later Anglo-Saxon legal culture, arguing that this process opened the way for ritualized acts of satisfaction to become a regular feature of contemporary dispute settlement. The rituals used in such contexts often borrowed symbols and concepts from the world of penance, with the central idea being that an offender who repented and humbled himself was worthy of pardon. A few detailed accounts of such settlements survive and to these we may add cases of restitution and political reconciliation, which witness a similar logic. Taken together, these suggest that the stark contrasts often drawn between English and continental (particularly German) disputing in these years are in need of some revision. Far from being ‘fiercely punitive’, later Anglo-Saxon justice was characterized by a complex mix of formalized punishments and more informal means of settlement, not unlike what is visible in the Ottonian Reich.

scholarly journals SENGKETA USAHA PERTAMBANGAN DI WILAYAH HUTAN ELANG DODO KABUPATEN SUMBAWA

1970 ◽  
Vol 2 (1) ◽  
Author(s):  
IWAN HARIANTO
Keyword(s):  
Dispute Settlement ◽  
Legal Culture ◽  
Contract Work ◽  
Legal Structure ◽  
Doing Business ◽  
The Subject ◽  
The Government ◽  
And Control ◽  
The Village ◽  
Data Library

West Nusa Tenggara, one of the regions rich in minerals mining. One of the mining companies doing business in the region is PT. Newmont. In 2003 the company was exploring the forest areas Elang Dodo Sumbawa. The presence of PT. Newmont in the region are not well received by the villagers of Lebangkar, resulting in rejection of the action in 2004 by way of demonstration and boycott the company's activities. Of the incident raises some issues: (1) who is the subject and what the object of the dispute? (2) how the process and the factors that cause disputes? (3) how the settlement of the dispute? The research method used in this research is an empirical law is derived from the analytical descriptik field data and data library. Processing and data analysis conducted qualitatively. Discussion until the conclusion in this paper can be described as follows: (1) subject to the dispute that is the village of Lebangkar with PT. Newmont and the Government of Sumbawa. The subject of dispute in the form of contract work necking VI results in 2005 with an area of ??87,500 ha. (2) The process of dispute which originated from exploration PT. Newmont in the woods Elang Dodo conducted in 2003. This exploration spawned several factors contributing to the dispute; violation of customs, reduced sources of income, lack of socialization, and control of natural resources. (3) dispute settlement efforts, through litigation and non-litigation. Settlement was not effective due; substance law, legal culture and legal structure.

Problematika Yuridis Wakaf Hak Kekayaan Intelektual di Indonesia

2018 ◽  
Vol 1 (2) ◽  
pp. 123-138
Author(s):  
Eva Mir'atun Niswah
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Culture ◽  
Legal Structure ◽  
Clear Explanation

Intellectual Property Rights (IPR) is one of movable objects that can be represented according to waqf regulation (Undang-Undang No. 41 Tahun 2004 Tentang Wakaf). The previous regulations did not mention IPR as waqf object. IPR becomes waqf object because there is a shift of  paradigm on productive waqf. However, the waqf regulation (Undang-Undang No. 41 Tahun 2004 Tentang Wakaf) has many juridical problems. For example, there is no specific explanation about IPR waqf as well as money waqf. Besides, the IPR practice is very rare due to unclear forms of IPR waqf. Juridical problems on IPR waqf are related to legal substance, legal structure and legal culture. On legal substance, there is no clear explanation and mechanism of IPR waqf. On legal structure, there is no clear explanations about who can be the wakif or nazir on IPR waqf. On legal culture, many people are still unfamiliar with intangible waqf object (the conventional waqf object is land). Therefore, the acceptance of an intangible object such as IPR as a waqf object is very low.

‘Turning Human Beings into Lawyers’

2018 ◽  
Vol 2 (2) ◽  
pp. 99-104
Author(s):  
Insa Koch
Keyword(s):  
Financial Regulation ◽  
Legal Culture ◽  
Corporate Law ◽  
Customary Law ◽  
Immigration Law ◽  
Legal Anthropology ◽  
Human Beings ◽  
Legal Practice ◽  
The World ◽  
Cultural Experts

Does anthropology matter to law? At first sight, this question might seem redundant: of course, anthropology matters to law, and it does so a great deal. Anthropologists have made important contributions to legal debates. Legal anthropology is a thriving sub-discipline, encompassing an ever-increasing range of topics, from long-standing concerns with customary law and legal culture to areas that have historically been left to lawyers, including corporate law and financial regulation. Anthropology’s relevance to law is also reflected in the world of legal practice. Some anthropologists act as cultural experts in, while others have challenged the workings of, particular legal regimes, including with respect to immigration law and social welfare.

Modelling investment in the tourism industry using the World Bank's good governance indicators

2011 ◽  
Vol 6 (3) ◽  
pp. 279-296 ◽  
Author(s):  
Ruth Rios‐Morales ◽  
Dragan Gamberger ◽  
Ian Jenkins ◽  
Tom Smuc
Keyword(s):  
Good Governance ◽  
Tourism Industry ◽  
Governance Indicators ◽  
The World

scholarly journals The Resolution of International Commercial Disputes – What Role (if any) for Continental Europe?

AJIL Unbound ◽  
2021 ◽  
Vol 115 ◽  
pp. 11-16
Author(s):  
Giesela Rühl
Keyword(s):  
The Netherlands ◽  
Dispute Settlement ◽  
Middle Eastern ◽  
National Level ◽  
High Volume ◽  
Radical Change ◽  
The Past ◽  
The World ◽  
Traditional Market ◽  
Commercial Courts

The past sixteen years have witnessed the proliferation of international commercial courts around the world. However, up until recently, this was largely an Asian and a Middle Eastern phenomenon. Only during the past decade have Continental European countries, notably Germany, France and the Netherlands, joined the bandwagon and started to create new judicial bodies for international commercial cases. Driven by the desire to attract high-volume commercial litigation, these bodies try to offer international businesses a better dispute settlement framework. But what are their chances of success? Will more international litigants decide to settle their disputes in these countries? In this essay, I argue that, despite its recently displayed activism, Continental Europe lags behind on international commercial courts. In fact, although the various European initiatives are laudable, most cannot compete with the traditional market leaders, especially the London Commercial Court, or with new rivals in Asia and the Middle East. If Continental Europe wants a role in the international litigation market, it must embrace more radical change. And this change will most likely have to happen on the European––not the national––level.

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