scholarly journals REFORMASI HUKUM TATA NEGARA MELALUI AMANDEMEN KONSTITUSI (KRITIK TERHADAP PELAKSANAAN OTONOMI DAERAH PASCA REFORMASI)

2021 ◽  
Vol 6 (2) ◽  
pp. 73-85
Author(s):  
Indra Fatwa
Keyword(s):  
Research Method ◽  
Descriptive Analysis ◽  
Analysis Approach ◽  
Regional Autonomy ◽  
Legal Method ◽  
The Law ◽  
The Republic ◽  
Derivative Products ◽  
Laws And Regulations

The purpose of this study was to find out the problems of the practice of regional autonomy in post-Reformation Indonesia. The research method used is a normative legal method with a descriptive analysis approach. The results of the study show that the practice of regional autonomy in post-Reformation Indonesia is still constrained in its implementation. This can be seen from the various laws and regulations derived from the 1945 Constitution of the Republic of Indonesia which still put forward a centralistic spirit. The conclusion of this research is that it is necessary to reform the law from derivative products of the constitution which regulates the implementation of regional autonomy. This can be started by making amendments to the Constitution. Keywords: Regional Autonomy, Amendments, Constitution.

scholarly journals Dinamika Hukum Perpajakan Di Indonesia Ditinjau Dari Undang-Undang Nomor 28 Tahun 2009 Tentang Pajak Daerah Dan Distribusi Daerah

2021 ◽  
Vol 4 (2) ◽  
pp. 516-523
Author(s):  
Moza Dela Fudika ◽  
Rosyidi Hamzah
Keyword(s):  
Research Method ◽  
Regional Distribution ◽  
Regional Autonomy ◽  
Legal Method ◽  
The Law ◽  
Tax Regulation

Changes in tax regulation policies as an implication of regional autonomy in Indonesia starting from Law Number 18 of 1997 concerning Regional Taxes and Regional Levies, then amended by Law Number 34 of 2000 concerning Amendments to Law Number 18 of 1997 concerning Taxes Regions and Regional Retribution. This regulation was later replaced by Law Number 28 of 2009 concerning Regional taxes and Regional Levies. Of the three regulations, legal dynamics occur that lead from decentralized to centralized. The research method in this study uses the normative legal method. From the results of the study, it is found that the dynamics of taxation law in Indonesia in terms of law number 28 of 2009 concerning regional taxes and regional distribution have experienced legal changes in terms of types of taxes, discretionary rate setting, and the nature of determining the type of tax of the law prevailing previously which led to a decentralized to centralized nature as well as a change in tax determination policy from an open list system to a closed list system. Keyword : legal dynamics, taxation, regional taxes and regional distribution

scholarly journals PKPU Policy Number 20 of 2018 Concerning the Prohibition of Former Corruptors as Legislative Candidates in the 2019 General Election

2021 ◽  
Author(s):  
B Bahrudin ◽  
H Hidayatullah
Keyword(s):  
Data Processing ◽  
Research Method ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
General Election ◽  
Data Sources ◽  
Political Ethics ◽  
The Law ◽  
Laws And Regulations ◽  
Legal Force

This research was conducted to analyse the prohibition of former corruptors’ ability to become legislative candidates based on PKPU Policy Number 20 of 2018, in terms of synchronizing the policy with higher laws and examining it from the perspective of political ethics and legal politics in eradicating corruption in Indonesia. The research method adopted was normative juridical, and the types and sources of data used were secondary data, applying data sources from primary, secondary, and tertiary legal materials. The results of data processing are presented in the descriptive analysis. The outcomes of this research indicate that the synchronization of PKPU policy law No. 20 of 2018 regarding the disallowance of ex-corruptors from becoming legislative candidates clash with higher laws and regulations, namely Law Number 7 of 2017 regarding elections in conjunction with Law Number 12 of 2011 about the formation of laws and regulations. Therefore, the conclusion of the KPU regulations has no binding legal force. The actualization of a fair and sovereign election requires all policymakers’ support, especially in the enforcement and application of political ethics and the law to eliminate corruption in Indonesia. Keywords: policy, ex-corruptors, legislative candidate, election

scholarly journals The Role Of The Supervisory Council Notary Territory In Providing Legal Protection For A Notary Who Have Violated The Law Of The Deed Made

Jurnal Akta ◽  
2019 ◽  
Vol 6 (3) ◽  
pp. 445
Author(s):  
Kiki Andriani Samad ◽  
Amin Purnawan
Keyword(s):  
Human Rights ◽  
Research Method ◽  
Descriptive Analysis ◽  
Legal Protection ◽  
The Law ◽  
The Republic

The purpose of this study are 1) To clarify the role of the supervisory council notary territory in providing legal protection for a notary who have violated the law of the deed made. 2) To explain the regulatory obstacles and constraints assemblies notary territory in providing legal protection for a notary who have violated the law of the deed made.This research method is a normative juridical research is normative juridical method is the study of writing a good document that we study the norms and principles. Specification used in this study is a descriptive analysis, which is intended to give the data as accurately as possible about a situation or other symptoms. Based on the results of the study concluded thatLegal protection of the Notary, among others in the form of right of refusal, the obligation to reject and exclusive rights when summoned for questioning by investigators, prosecutors or judges, which is subject to approval of Honorary Council of Notaries of Regions as the provisions of Article 66 paragraph (1) of Act No. 2 2014 which has now been changed to Article 66 paragraph (1) of the Constitution of the Republic of Indonesia Number 2 Of 2014 concerning the Amendment to Act No. 30 of 2004 concerning Notary. Disagreement about the duties and responsibilities as a Council of Trustees Notary region between elements and bustle of every member of both government, notary, and academics to create obstacles during the examination and supervision of technical and administrative poorly in the recording report came from the community often happen, so data on the notary who has not and has been declared missing by the officials working at the Ministry of Justice and Human rights is also one member of the Supervisory Council of notaries, and only the remaining 1 data is still there on the notary who has been in the process by the Supervisory Council of notaries.Keywords: Regional Supervisory Council; Notary; Legal Protection; Notary; Law Violations; Deeds.

scholarly journals Discrimination against Children Born Outside of Marriage in Indonesia

2020 ◽  
Vol 7 (9) ◽  
pp. 121
Author(s):  
Nahdiya Sabrina ◽  
Thohir Luth ◽  
Masruchin Rubai ◽  
Nurini Aprilianda
Keyword(s):  
Research Method ◽  
Equal Treatment ◽  
Legal Certainty ◽  
Next Generation ◽  
Legal Research ◽  
Biological Father ◽  
The Law ◽  
The Republic ◽  
The Right ◽  
Laws And Regulations

The protection of Indonesian children as the nation's next-generation that is free from discrimination has not been fully implemented, it is evident in our society that there are still many children who do not get enough attention in protecting and fulfilling their rights. Children born out of wedlock are sometimes not recognized and neglected by their biological father. Unlike legitimate children whose rights are guaranteed and there are sanctions if these rights are not fulfilled by the father, for children born outside of marriage there is no penalty if the biological father neglects them. The method used in this research is the normative legal research method. This paper discusses the conditions of children born outside of marriage in Indonesia, discrimination against children born outside of marriage in Indonesia, and expectations for children born outside of marriage in Indonesia. Currently, there are no laws and regulations that state sanctions if the biological father does not want to be responsible for the birth of this child. This is certainly not in accordance with the mandate of the 1945 Constitution of the Republic of Indonesia Article 28D paragraph (1) which reads: “Everyone has the right to recognition, guarantee, protection and legal certainty that is just and equal treatment before the law.

scholarly journals Urgensi Pembentukan Undang-Undang tentang Majelis Permusyawaratan Rakyat

2021 ◽  
Vol 4 (1) ◽  
pp. 39-52
Author(s):  
Harry Setya Nugraha
Keyword(s):  
Research Method ◽  
Descriptive Analysis ◽  
Conceptual Approach ◽  
Qualitative Descriptive ◽  
The Law ◽  
Constitutional System ◽  
Laws And Regulations

This article aims to answer the urgency of the formation of Law about MPR in the Indonesian constitutional system. This research uses normative juridical research method with statutory and conceptual approach, as well as a qualitative descriptive analysis. This article concludes that 1) the formation of law on MPR has philosophical, juridical, and socio-political urgency; 2) the process of forming the law regarding the MPR must pay attention to the process and the content of the formation of good laws and regulations as regulated in the legislations.

scholarly journals Ratio Decidendi, Agreement, Againts The Decision of MA No. 601K/PDT/2015 in The Case of Agreements that do not use Indonesian

2021 ◽  
Vol 21 (4) ◽  
pp. 517
Author(s):  
Jeremy Emmanuel Purba
Keyword(s):  
Research Method ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
Literature Study ◽  
Ratio Decidendi ◽  
The Law ◽  
The Government ◽  
Made In ◽  
Laws And Regulations

The Supreme Court’s decision in the case of an agreement between investors who enter into an agreement using English is contrary to the agreement of the parties. Changes to the agreement may be detrimental to investors in Indonesia, who must amend the agreement previously made in English. The research method based on the data needed in this research is secondary data obtained through literature study in the form of laws and descriptive analysis, namely analyzing the laws and regulations. The loan agreement between PT. BKP and Nine AM, Ltd. should not be null and void. The judge’s interpretation of a lawful cause is wrong because a lawful cause refers the contents of the loan agreement. The government should be firm in determining a sanction if there is a violation of the law. This is intended so that judges are not wrong in applying regulations so that they do not produce decisions that can harmcertain parties.

scholarly journals Kemerdekaan Hakim Dan Kemandirian Kekuasaan Kehakima Dalam Konsep Negara Hukum

2021 ◽  
Vol 3 (1) ◽  
pp. 47-57
Author(s):  
Azwad Rachmat Hambali
Keyword(s):  
Supreme Court ◽  
Rule Of Law ◽  
Research Method ◽  
Judicial Power ◽  
Legal Research ◽  
The Rule Of Law ◽  
The Supreme Court ◽  
The Law ◽  
The Republic ◽  
Laws And Regulations

Tujuan penelitian menganalisis kemerdekaan hakim dan kemandirian kehakiman dalam konsep negara hukum. Metode Penelitian menggunakan penelitian hukum normative, Hasil penelitian bahwa Kemerdekaan Hakim  dan kemandirian Kekuasaan Kehakiman sebagai  penjelmaan konsep Negara Hukum sebagaimana diatur dalam Pasal 1 ayat 3 Undang Undang Dasar Negara Republik indonesia Tahun 1945  (hasil amandemen) beserta beberapa peraturan perundang undangan yang terkait seperti Undang Undang Kekuasaan Kehakiman, Undang Undang Mahkamah Agung, Undang Undang Komisi Yudisial  serta ketetapan MPR yang merupakan rujukan dalam pelaksanan Kemerdekaan Hakim, dan kemandirian personal, kemandirian substantive ,kemandirian internal serta kemandirian institusi. Rekomendasi mewujudkan konsep Negara Hukum perlu ditata peraturan perundang undangan yang menjamin kemerdekaan Hakim dan Kemandirian Kekuasaan. The research objective is to analyze the independence of judges and the independence of the judiciary in the concept of a rule of law. The research method uses normative legal research. The results show that the independence of judges and the independence of the judicial power as the embodiment of the concept of the rule of law as regulated in Article 1 paragraph 3 of the 1945 Constitution of the Republic of Indonesia (amendments) along with several related laws and regulations such as the Law Judicial Power, the Law on the Supreme Court, the Judicial Commission Law and the MPR decrees which are references in the implementation of Judges' Independence, and personal independence, substantive independence, internal independence and institutional independence. Recommendations to embody the concept of a rule of law need to put in place laws and regulations that guarantee the independence of judges and independence of power.

scholarly journals PENERAPAN KODE ETIK NOTARIS DALAM PEMBUATAN AKTA PEMBAGIAN WARIS NO 31 MENURUT UUJN NO 2 TAHUN 2014

2018 ◽  
Vol 1 (1) ◽  
pp. 1859
Author(s):  
Yoki Kurniawan ◽  
Hanafi Tanawijaya
Keyword(s):  
Public Interest ◽  
Research Method ◽  
Code Of Ethics ◽  
Supervisory Board ◽  
The State ◽  
The Public ◽  
The Law ◽  
Laws And Regulations

Notary is a position or ordinary we call as general officials appointed by the State and work to serve the public interest. Not only that, a notary also in carrying out its duties and authority must comply fully with the prevailing laws and regulations in Indonesia. Each position certainly has an ethics in the profession which is called a code of ethics, as well as a notary who has a code of ethics in his profession. But out there masi no notaries who violate the code of ethics as mentioned in the law, In accordance with the title of the author of the adopted method of research used is the normative research method supported by interviews that are expected to help answer the problems of this study. The authors conducted interviews with the supervisory board, notaries, and legal experts. In this case the notary has been declared guilty by the Regional Supervisory Board (MPD) and will proceed the case to the level of sanction by the Regional Supervisory Board (MPW) and after receiving the sanction it will proceed to the next level of Central Assembly (MPP) to be sanctioned which has been granted by the level of the Regional Supervisory Board (MPW).

scholarly journals Perlindungan Hukum bagi Pekerja Dengan Perjanjian Kerja Tidak Tertulis pada Perusahaan Pemberi Kerja

2021 ◽  
Vol 2 (1) ◽  
pp. 158-162
Author(s):  
Robertus Berli Puryanto ◽  
I Nyoman Putu Budiartha ◽  
Ni Made Puspasutari Ujianti
Keyword(s):  
Research Method ◽  
Dispute Settlement ◽  
Industrial Relations ◽  
Legal Protection ◽  
Economic Activities ◽  
Legal Research ◽  
Work Relations ◽  
Legal Remedies ◽  
The Law ◽  
The Republic

Labor is something that is needed by an employing company in carrying out its economic activities. This can be seen in the constitutional arrangements of the Republic of Indonesia in Article 27 paragraph (2) of the 1945 Constitution of the Republic of Indonesia. In the implementation of the working relationship between workers and the employing company, there are several rights and obligations that must be fulfilled between the two parties. Because there are provisions regarding work agreements that are differentiated based on the form of the agreement, each worker has different rights where these rights must be guaranteed by the company based on law. From this, the problems that will be examined are legal protection for workers with an unwritten work agreement at the employing company, as well as legal remedies that can be taken by workers with an unwritten agreement in the event of a violation of rights by the company. The research method used is normative legal research, namely legal research conducted by examining existing library materials. By examining problems by looking at existing regulations, and describing problems that occur in practice or in everyday life in society. From the research conducted, it was found that legal protection for workers with an unwritten work agreement at the employing company is regulated based on Law Number 13 of 2003 concerning Manpower where the basis is that the applicable work agreement is an indefinite work agreement so that the rights obtained under the provisions of the law. Then efforts that can be made if there is a violation of the law in work relations is based on Law Number 20 of 2004 concerning Industrial Relations Dispute Settlement, namely in the form of Bipartite, Tripartite (Mediation, Consoliation and Arbitration) negotiations, as well as through Trials at the Industrial Relations Court.

scholarly journals Status prawny mniejszości narodowych w Republice Słowackiej

2021 ◽  
Vol 15 ◽  
pp. 93-111
Author(s):  
Aleksandra Puzyniak
Keyword(s):  
Legal Status ◽  
Slovak Republic ◽  
National Minority ◽  
Minority Languages ◽  
The European Union ◽  
National Minorities ◽  
Legal Method ◽  
The Law ◽  
The Republic ◽  
The Government

Położenie mniejszości narodowych na terenie Republiki Słowackiej regulują liczne akty prawne. Wśród nich znajdują się dokumenty przyjmowane na gruncie krajowym oraz rozwiązania o charakterze międzynarodowym. Celem niniejszego artykułu jest przedstawienie treści najważniejszych ustaw oraz dokumentów, które wpływają na położenie mniejszości narodowych na Słowacji, a także przybliżenie reakcji organizacji międzynarodowych na wprowadzane przez Bratysławę regulacje prawne. The legal status of national minorities in the Slovak Republic The location of national minorities in the territory of the Slovak Republic is regulated by numerous national acts, the most important of which are the constitution, the law on the use of national minority languages and the law on the state language. References to national minorities can be found in many other acts, such as the Act on counteracting discrimination, the Act on Upbringing and Education and the Act on Radio and Television. The issue of minorities is also raised in bilateral agreements, an example of which is the agreement on good neighbourliness and friendly cooperation between the Slovak Republic and the Republic of Hungary. The legal situation of minorities in Slovakia is also influenced by international organizations to which Bratislava belongs. In this case, the Council of Europe’s most significant influence, the European Union, the Central European Initiative and the United Nations. Over the years, the Slovak authorities have also created institutions responsible for activities for national minorities, and among them, an important function is performed by the Government Plenipotentiary of the Slovak Republic for National Minorities. This article aims to analyse the legal acts and institutions regulating the legal status of national minorities in Slovakia. The publication is also intended to show that the issue of minorities is covered in many legal solutions, and the Slovak authorities have developed a system of protection and support for this community over the years. The author used the institutional and legal method.

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