scholarly journals KEBIJAKAN KRIMINALISASI TENTANG DEFORESTASI DI JAWA TIMUR

2018 ◽  
Vol 13 (2) ◽  
pp. 211-224
Author(s):  
Moch. Choirul Rizal
Keyword(s):  
Land Conversion ◽  
Illegal Logging ◽  
Legal Policy ◽  
Local Regulation ◽  
The Future ◽  
The Law ◽  
The Republic ◽  
Conceptual Study

Wahana Lingkungan Hidup Indonesia (Walhi) of East Java noted that 30% of forest in East Java is deforested every year due to land conversion, illegal logging, fire, and erosion. In fact, East Java has a legal policy in the form of local regulations that have a spirit against deforestation. However, the policy of such law substantially contains problematics, for example, the equation of formulation of criminal acts with the Law of the Republic of Indonesia Number 18 of 2013 on Prevention and Eradication of Forest Destruction, which resulted in the regional regulations will be ruled out. Therefore, this conceptual study offers an idea of ​​the need for an update to the criminalization policy on deforestation in the local regulation. In the future, the criminalization policy on deforestation in regional regulations in East Java should contain specific and unregulated formulations of criminal acts in the law, for example, prohibit any form of action that results in the capacity of communities to participate in the prevention and eradication of deforestation practices.

scholarly journals Recalling the Future of ACC

2000 ◽  
Vol 31 (1) ◽  
pp. 215
Author(s):  
Richard Gaskins
Keyword(s):  
Social Welfare ◽  
Tort Reform ◽  
Accident Insurance ◽  
Ecological Approach ◽  
Economic Approach ◽  
Legal Policy ◽  
Accident Compensation ◽  
Law Faculty ◽  
The Future ◽  
The Law

Richard Gaskins visited the Law Faculty as a Fulbright from January to August 1999 to study developments in the Accident Compensation regime. His visit coincided with the controversy surrounding the National Government’s Accident Insurance Act 1998. Professor Gaskins gave the following paper, in which he addresses the continued importance of the Woodhouse Report, at a seminar on Accident Compensation held as part of the 1999 Australasian Law Teachers' Association Conference.In the paper he highlights two important insights of the Woodhouse Report that he believes have lasting value: its linking of tort reform to social welfare and its promotion of an ecological approach to preventing accidents. Professor Gaskins concludes that both insights retain their importance and challenges legal academics to address them as well as the more narrowly based law and economic approach to accidents that has dominated legal policy and academic thought since the early 1970s.

scholarly journals DEBTOR PROTECTION IN PERSPECTIVE OF PANCASILA JUSTICE VALUE ON SEPARATIC CREDITOR EXECUTIONS

2021 ◽  
Vol 5 (1) ◽  
pp. 93
Author(s):  
Widhi Handoko
Keyword(s):  
Human Rights ◽  
Social Justice ◽  
Legal Culture ◽  
Human Values ◽  
Legal Policy ◽  
Ability To Pay ◽  
The Law ◽  
The Republic ◽  
Debtor Protection

The execution of the execution by separatist creditors without going through court adjudication as stipulated in Article 55 and Article 56 of Act No. 37 of 2004 is contrary to Pancasila justice. The method used in this research is a non-doctrinal method. Based on the data obtained, it can be seen that the implementation of bankruptcy executions as regulated in Article 55 and Article 56 of Act No. 37 of 2004 prioritizes the interests of separatist creditors, this is further complicated by the existence of a legal culture that shows that bankruptcy executions are guaranteed with mortgage rights. Without having to go through an amazing in court, the meaning of the debtor's insolvency should be an examination in court or through amazing regarding the debtor's ability to pay off his debt, not solely based on the analysis and views of the separatist creditors. This is implicitly based on Article 28D of the 1945 Constitution of the Republic of Indonesia and automatically contradicts the values of Pancasila social justice. This means that in the legal policy of bankruptcy execution, it must be able to create a balance of protection of rights between creditors and debtors, by the view of appreciation for human values or human rights awards in the form of equality before the law to be able to realize a just bankruptcy execution that can protect the interests of separatist creditors while protecting debtors from losses resulting from bankruptcy.

scholarly journals KONSTRUKSI SANKSI ADMINISTRATIF PERATURAN DAERAH PROVINSI BALI NOMOR 2 TAHUN 2012

2015 ◽  
Vol 4 (4) ◽  
Author(s):  
Kadek Putra Arik Persona
Keyword(s):  
Local Regulation ◽  
Criminal Sanctions ◽  
The Law ◽  
The Republic ◽  
Administrative Sanctions

The study describes the overlap of arrangements of administrative sanctions in the Law No. 12 of 2011 with the construction of administrative sanctions in the Local Regulation of Bali Province No. 2 of 2012. The arrangements of administrative sanctions according to Law No. 12 of 2011 are stipulated in appendix II number 64 which stipulates that the substance in the form of administrative sanctions or civil sanctions for the violation of these norms are formulated into one part (chapter) with the norms that impose administrative sanctions or civil sanctions, and in appendix II number 65 which regulates if there is more than one norm that provides administrative or civil sanctions, administrative sanctions or civil sanctions are formulated in the last chapter of the section. Thus, it does not formulate the provision of sanctions that also contains criminal sanctions, civil penalties and administrative sanctions in one chapter. The arrangements of administrative sanctions in the Local Regulation of Bali Province No. 2 of 2012 are stipulated in Chapter XIV of Article 33 paragraph (1), (2), and (3), thus it is contrary to the provisions of Appendix II of Law of the Republic of Indonesia Number 12 of 2011 numbers 64 and 65.

EKSISTENSI LEMBAGA QUASI JUDISIAL DALAM SISTEM KEKUASAAN KEHAKIMAN DI INDONESIA : KAJIAN TERHADAP KOMISI PENGAWAS PERSAINGAN USAHA

2018 ◽  
Vol 3 (1) ◽  
pp. 49
Author(s):  
Muh Risnain
Keyword(s):  
Moral Hazard ◽  
Supreme Court ◽  
Judicial Power ◽  
Legal Policy ◽  
Abuse Of Power ◽  
The Law ◽  
The Republic ◽  
Supporting Functional

Based on Indonesian Constitution 1945 the existence of quasi-judicial institution as a part of judicial power.Article 24 subsection (3 ) of the constitution of the republic of indonesia 1945 and the law number 48 / 2009 about judicial power admitting quasi-yudicial institutionshas judicial powers. For maximalize exercising of the quasi-judicial institutions are needed legal policy for supporting functional-constitusional relations between Commison for Supervion of Bussiness Competition and Supreme Court as top judicial power organization. Besides that needs to be done an effort to control the behavior commissioner of Commison For Supervion of Business Competition in avoiding abuse of power and moral hazard. These controlling must as part of power of Judicial Commission and Supreme Court. Keywords: Judicial Power, quasi-Judicial, Functional-constitutional and supervision

scholarly journals Legislative Frame of the Protection and Use of E-records in the Republic of Croatia

Atlanti ◽  
2015 ◽  
Vol 25 (1) ◽  
pp. 111-119
Author(s):  
Ivana Posedi ◽  
Irena Milobara
Keyword(s):  
Transitional Period ◽  
The Future ◽  
The Law ◽  
The Republic ◽  
Public Archives

Due to the fact, that the number of E-records in care of creators and owners of public archives in Croatia is constantly growing while their protection is very poorly covered in the Law on archival records and Archives, the authors discuss the question according to which laws and in which way the protection of E-records is ensured. They are discussing also the questions, which guidelines should be applied in the draft of the future law and regulation referring to E-records. Are the existing laws on E-records sufficient for their protection in this transitional period?

scholarly journals Legal Policy Model for Prevention Children Marriage at West Nusa Tenggara Province

FIAT JUSTISIA ◽  
2019 ◽  
Vol 13 (2) ◽  
pp. 187
Author(s):  
Sri Karyati ◽  
B. Farhana K.Lestari
Keyword(s):  
Child Protection ◽  
Provincial Government ◽  
Child Marriage ◽  
Marriage Law ◽  
Legal Policy ◽  
Local Regulation ◽  
Policy Model ◽  
The Republic ◽  
Age Of Marriage ◽  
Transition Policy

Until now the issue of child marriage in NTB has not yet been resolved. The issue of child marriage in NTB has not been completed because the roots of child marriage in NTB have not touched the root of the real problem. Therefore there must be a more comprehensive policy breakthrough to prevent the prevention of child marriage in NTB. There is a need for a legal policy to prevent child marriages in NTB that needs scientific studies as the basis for scientific legitimacy about the urgency of the existence of regional regulations to prevent child marriage. There are two problems in this research, first, What is the juridical problem in the policy of preventing the occurrence of child marriage in NTB? Second, what is the right and applicable policy model in preventing the occurrence of child marriage in NTB? This research is normative legal research with a focus on evaluating the policy of preventing child marriage that has been taken by the NTB provincial government. The research approach used is a normative approach and an empirical approach.The results showed that the first, juridical barriers to preventing child marriage in NTB not only had juridical obstacles in terms of the validity of the provisions of article 7 paragraph (1) of the marriage law that regulates the minimum age of marriage is 16 years for women, but also still has obstacles juridical relating to the legal policy on the regulation of child marriages in the content of regional regulations because the local regulation must not conflict with article 7 paragraph (1) of the marriage law which is still valid and other constraints are not operational and the effective decision of the constitutional court No. 22 / PUU / XV / 2017 concerning judicial review of Law No. 1 of 1974 concerning Marriage because this decision only delayed the implementation of the Constitutional Court's decision in 2021 and was very dependent on legislative policy from the DPR and the President to amend Law No. 1 of 1974 concerning Marriage according to the order of the Constitutional Court's decision. Second, the appropriate and applicable policy model in preventing the occurrence of child marriages in NTB is done using the transitional policy model and post-transition policy. The transition policy is carried out by making regulations that regulate the prevention of child marriages by using the child protection paradigm, while post-transition policies are carried out using the family quality policy paradigm with a focus on increasing the age of marriage. legislation. First, the Republic of Indonesia Parliament, especially the Republic of Indonesia Parliament for the period 2019-2024 and the President should immediately follow up on Decision No. 22 / PUU / XV / 2017 by taking legislative policies by entering the amendment bill to Law No. 1 of 1974 concerning Marriage into a national legislation program which is subsequently compiled, discussed and stipulated as law. Second, to respond to the dynamic dynamics of marital law and child protection, the NTB Governor and the NTB DPRD should immediately take legislation in the regions by including the draft regulation on the prevention of child marriages in the 2019 local regulation formation program and then compile and discuss it into regional regulations.

scholarly journals CONTRIBUTION OF ISLAMIC LAW IN INDONESIAN LEGAL POLITICS

2019 ◽  
Vol 11 (1) ◽  
pp. 53-72
Author(s):  
Murdan Murdan
Keyword(s):  
Islamic Law ◽  
The State ◽  
The Political ◽  
Legal Policy ◽  
Legal Science ◽  
Unitary State ◽  
The Mean ◽  
The Law ◽  
The Republic

Some Indonesian people assume that Legal Policy is not much different from the politicization of law, and some other people conclude that legal policy is the political domination of the law. This view or conclusions about legal policy is high mistake or fault. In the context of Indonesian legal science, the legal policy in the direction of legal policy issued officially by the state and all its attributes to achieve the country or state goals. So, what the mean about the legal policy on Islamic law? The meaning of Islamic LegalPolicy is the contribution of Islamic Law in various legal developments in Indonesia, which aims to help realize or achieve the objectives of the implementation of the Unitary State of the Republic of Indonesia. This paper will discuss and present descriptions of the concepts of Islamic LegalPolicy in Indonesia and the contribution of Islamic Law in the development of Indonesian national Law, which is oriented towards efforts to realize the ideals and objectives of the establishment of the Indonesian Law.

scholarly journals Reasons for bankruptcy of natural persons in Lithuania

Ekonomika ◽  
2015 ◽  
Vol 94 (2) ◽  
pp. 144-160 ◽  
Author(s):  
Arvydas Paškevičius ◽  
Neringa Jurgaitytė
Keyword(s):  
Factor Analysis ◽  
Software Package ◽  
Statistical Software ◽  
Quantitative Survey ◽  
The Future ◽  
The Law ◽  
The Republic ◽  
The Government

In Lithuania, bankruptcy of natural persons is a relatively new subject that has been scientifically only randomly dealt with. The bill of Bankruptcy of Natural Persons in Lithuania was proposed as early as in spring 2009 (No.XIP-450, 24.03.2009). The bill met with a considerable amount of criticism and was postponed for further improvement. By decree No. 413 of April 7, 2010, the Government of the Republic of Lithuania approved the concept of the bankruptcy of natural persons of the Republic of Lithuania. The principal goal of the concept was to consolidate the main provisions of the future law. The Law of Bankruptcy of Natural Persons of the Republic of Lithuania has come into effect since March 1, 2013.The authors of the article overview the concept and models of bankruptcy of natural persons and introduce the advantages and shortcomings of the institute of bankruptcy of natural persons. Based on scientific sources of Lithuanian and foreign authors, the article offers a theoretically systemized version of the main reasons determining the bankruptcy of natural persons. The reasons fall into two categories – economic and social. The article is mainly targeted at defining the reasons that determine the bankruptcy of natural persons in Lithuania. To achieve this goal, a quantitative survey of the questionnaires of natural persons affected by bankruptcy has been taken for the basis. In their questionnaires, the natural persons affected by bankruptcy have been asked to evaluate the reasons of bankruptcy. The results have been analyzed with the help of factor analysis and statistically processed using the SPSS statistical software package.

PENYELESAIAN SENGKETA PEMILU AKIBAT PENGGELEMBUNGAN SUARA DI KABUPATEN TAPIN

2015 ◽  
Vol 1 (1) ◽  
Author(s):  
Gusti Muhammad Ihsan Perdana
Keyword(s):  
Time Trial ◽  
General Election ◽  
The Other ◽  
District Court ◽  
Criminal Trials ◽  
Criminal Offense ◽  
Criminal Charge ◽  
The Future ◽  
The Republic ◽  
Legislative Election

 Legislative election in distric Tapin was spotted with a vote, conducted by members of the Commission, M. Zainnoor Wal Aidi Rahmad win a legislative candidate from the Golkar Party, namely Bambang Herry Purnama the 2014-2019. Elections Honorary Council for General Election Organizer of the Republic of Indonesia as No. 15 / DKPP-PKE-III / 2014 has imposed sanctions on Zainnoor Wal Aidi M. Rahmad form of dismissal remain as a member of the Tapin district Elections Commission since the verdict was read. Rantau’s District Court in its decision No. 135 / Pid-Sus /2014/PN.Rta, Bringing the sanctions in the form of imprisonment for 10 months with the criminal provisions do not need to be run in the future unless is another command in the verdict that convicted before time trial during the 12 (twelve months) ends have been guilty of a criminal offense and a fine of Rp. 10,000,000.00 (ten million). Dismissal sanctions remain to perpetrators as member of the district KPU Tapin have sense of fairness, but the connection with the criminal charge of criminal trials less reflectjustice for his actions that allow offenders not sentenced to imprisonment and the other party can not do the same.Keywords: Elections Tapin distric, Inflation Voice, Sanctions

KRIMINALISASI HAKIM DAN EKSISTENSI PRINSIP JUDICIAL INDEPENDENCE DALAM BINGKAI NEGARA HUKUM

2018 ◽  
Vol 2 (3) ◽  
pp. 325
Author(s):  
Muh Risnain
Keyword(s):  
Rule Of Law ◽  
Criminal Policy ◽  
Judicial Independence ◽  
Legal Policy ◽  
The Law ◽  
Quo Vadis

Legal policy throught criminalization of judge by the law are abuse of judicial indpence and threat of rule of law principle while regulate by the constitution. And it is shown that quo vadis of criminalization policy when drafting the law. To solve this problem, there are two step, firstly, House of representative and President as state organs who have authority to arrange the law must pay attention principle of judicial indepence and rule of law, second, reorientation of criminal policy. Keywords: Criminalization, Judicial Independence and Rule of Law.

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