scholarly journals APPLICATION OF IN LAW PRINCIPLES IN THE DECISION MAKING OF VISIT VISA EXEMPTION POLICY IN INDONESIA

2019 ◽  
Vol 2 (1) ◽  
pp. 45-58
Author(s):  
Hana Farah Dhiba
Keyword(s):  
Decision Making ◽  
Research Method ◽  
Legal Research ◽  
Reciprocity Principle ◽  
Applicable Law ◽  
The Future ◽  
Exemption Policy ◽  
The Government

The government's decision through Presidential Regulation No. 21 of 2016 concerning Visit Visa Free still leaves a myriad of question marks in the community. This policy is an implication of the government's steps to increase the number of international tourists to Indonesia. But in fact, what happens is not fully in accordance with what was announced. Some considerations related to this policy need to be explored further. The formulation of the problem examined in this paper is how to apply the Lex Superior Derogate Legi Inferiori principle and the Reciprocity Principle in making a Visa Visa Free decision making. The research method used is qualitative normative legal research and normative juridical approach. From the results of the study it can be seen that the decision on a visa-free visit policy deviates slightly from the principle of Lex Superior derogate legion inferiori and reciprocal principles. This is what needs to be explored further, so that how the future policies and decisions of the government remain in line with the principles of the applicable law in Indonesia  

scholarly journals KERUSAKAN LINGKUNGAN SEBAGAI DAMPAK PENAMBANGAN BATU KAPUR DI BENTANG ALAM KARST KABUPATEN GUNUNGKIDUL

PRANATA HUKUM ◽  
2020 ◽  
Vol 15 (2) ◽  
pp. 212-220
Author(s):  
Adnan Pambudi
Keyword(s):  
Research Method ◽  
Impact Analysis ◽  
Karst Area ◽  
Environmental Damage ◽  
Legal Research ◽  
Environmental Impact Analysis ◽  
Applicable Law ◽  
Rock Mining ◽  
The Government ◽  
The Impact

Mining without control and supervision can cause environmental damage. In order to keep the function of the nature in the process of mining, the government established preconditions and rules which is environmental impact analysis. Including the activity of rock mining in karst area Sewu hills, Gunungkidul, Yogyakarta. This area has been appointed by UNESCO as a geopark. On this research, the writer analyze about the impact of rock mining in environmental damage on this karst area. The research method used is empirical legal research. The empirical legal research is an (law in society?) observation and also can be called as a field observation in order to study the applicable law in the society. Several environmetal damages have been found on this research which are the change of the shape and the structure of karst hills, air pollution, and highway damage.

scholarly journals EKSISTENSI MASYARAKAT HUKUM ADAT DAN LEMBAGA-LEMBAGA ADAT DI ACEH DALAM PENYELENGGARAAN KEISTIMEWAAN DAN OTONOMI KHUSUS DI ACEH

2012 ◽  
Vol 1 (3) ◽  
Author(s):  
Kurniawan
Keyword(s):  
Indigenous People ◽  
Local Community ◽  
Community Life ◽  
Literature Study ◽  
Legal Research ◽  
Technical Approach ◽  
Applicable Law ◽  
Traditional Institution ◽  
Traditional Institutions ◽  
The Government

<p align="center"><strong><em>A</em></strong><strong><em>b</em></strong><strong><em>s</em></strong><strong><em>t</em></strong><strong><em>r</em></strong><strong><em>a</em></strong><strong><em>c</em></strong><strong><em>t</em></strong></p><p><em>T</em><em>his study aims to explain the existence of indigenous people and traditional institutions in Aceh in the administration the Aceh’s special autonomy. In addition, it explains the duties, functions and authority of traditional institutions in Aceh nowadays. This study is normative legal research. This study examines library materials that acquired through literature study. The technical/ approach used is the statute ap- proach, by using deductive analysis. The results of the study indicate that the existence indigenous people and traditional institutions in Aceh have shown their role in local community life in Aceh. This is caused by the community in Aceh has fulfilled the requirements of indigenous people as stated by the applicable law. The existence of traditional institutions in Aceh essentially has the function and role as a vehicle for public participation in the administration of the Government of Aceh provincial level and the Regency/municipality level in the area of   security, peace, harmony, and public order. In addition, those traditional institutions also have some number of authorities as mandated by Article 4 Qanun Aceh No. 10 of 2008 concerning traditional Institution.</em></p><p><strong><em>Keywords: </em></strong><em>Indigenous </em><em>P</em><em>eople, Traditional Institution, Aceh’s Special Autonomy</em></p><p align="center"><strong>A</strong><strong>b</strong><strong>s</strong><strong>t</strong><strong>ra</strong><strong>k</strong></p><p><em>Pen</em><em>e</em><em>li</em><em>t</em><em>ia</em><em>n </em><em>in</em><em>i bertujuan menjelaskan eksistensi (kedudukan) masyarakat hukum adat dan lembaga-lembaga adat di Aceh dalam penyelenggaraan Keistimewaan dan Otonomi Khusus Aceh. Selain itu, menjelaskan tugas, fungsi, dan wewenang lembaga-lembaga adat yang ada di Aceh saat ini. Penelitian ini merupakan penelitian hukum normatif (legal research). Kajian ini menelaah bahan pustaka yang diperoleh melalui studi pustaka.  pendekatan yang digunakan ialah pendekatan peraturan perundang-undangan (statute approach), dengan menggunakan penalaran deduktif. Hasil kajian menunjukkan bahwa keberadaan (eksistensi) masyarakat hukum adat dan kelembagaan adat di Aceh telah menunjukkan kiprahnya dalam tata kehidupan masyarakat di Aceh. Hal tersebut disebabkan oleh karena masyarakat hukum di Aceh telah memenuhi syarat-syarat masyarakat hukum adat sebagaimana yang disebutkan dalam peraturan perundang-undangan yang berlaku. Keberadaan lembaga-lembaga adat di Aceh hakikatnya memiliki fungsi dan peran sebagai wahana partisipasi masyarakat dalam penyelenggaraan Pemerintahan Aceh dan Pemerintahan Kabupaten/Kota di bidang keamanan, ketenteraman, kerukunan, dan ketertiban masyarakat. Selain itu,  lembaga-lembaga adat tersebut juga memiliki sejumlah kewenangan sebagaimana yang diamanatkan Pasal 4 Qanun Aceh Nomor 10 Tahun 2008 tentang Lembaga Adat.</em></p><p><strong>Kata kunci: </strong>Masyarakat Hukum Adat, Lembaga Adat, Otonomi Khusus Aceh.</p>

scholarly journals Problematika Hak Kekayaan Intelektual Di Bidang Merek Bagi Pelaku Usaha Mikro Kecil Menegah

2021 ◽  
Vol 5 (2) ◽  
pp. 42-56
Author(s):  
Zulfikri Toguan
Keyword(s):  
Intellectual Property Rights ◽  
Research Method ◽  
Community Organization ◽  
Legal Protection ◽  
Geographical Indications ◽  
Legal Research ◽  
Protection Measures ◽  
Library Research ◽  
Trademark Registration ◽  
The Government

Legal protection for a mark of a place or origin of MSMEs can be done by first registering the mark to obtain legal force. In this case the Office/Agency/Community Organization assists by facilitating MSMEs in terms of socialization and assistance for trademark registration. Law Number 20 of 2016 concerning Marks and Geographical Indications provides improvements to previous laws, especially regarding preventive protection measures, namely registration procedures and registration fees. Brands produced by Indonesian MSMEs can help increase competitiveness in the development of new products. This research is normative or library research method, namely legal research carried out by reviewing and researching library materials in the form of primary legal materials and secondary legal materials. This study concludes: First, the problems in the protection of intellectual property rights in the field of branding for MSME products are due to the understanding of MSME actors on brand rights is still low/shallow so that MSME actors do not register the brand of MSME products. Second, efforts to provide brand protection to the MSME industry are by registering MSME brands and the government makes it easy for MSME industry players to register trademarks.

scholarly journals Perlindungan Konsumen atas Pencabutan Izin Usaha BPR oleh Otoritas Jasa Keuangan

2021 ◽  
Vol 23 (1) ◽  
pp. 57
Author(s):  
Asri Elies Alamanda ◽  
Darminto Hartono
Keyword(s):  
Research Method ◽  
Deposit Insurance ◽  
Legal Protection ◽  
Legal Research ◽  
Central Java ◽  
The Government ◽  
Special Region

The revocation of the Rural Bank (BPR) business license is inseparable from the function of the OJK in fostering and supervising the BPR. This study used an empirical legal research method, namely research was conducted at OJK Regional 3 Central Java and Yogyakarta Special Region. The results indicate that there are 2 legal protections provided by the government to depositors of funds, namely preventive and repressive legal protection. Preventive legal protection has the character of preventing problems, including the application of the principles of confidentiality and prudence. Meanwhile, the repressive legal protection that functions to resolve disputes that arise is the Deposit Insurance Corporation (LPS). Then the factors that cause the revocation of the BPR's business license are factors that come from internal BPRs that cannot manage the BPR properly. The revocation of the RB's business license was caused by 2 things, namely the revocation of the business license at the request of the shareholders and the revocation of the business license because the rescue efforts carried out did not bear fruit.

scholarly journals Penyelesaian Sengketa Transaksi Bisnis Elektronik Commerce Melalui Internet

2021 ◽  
Vol 2 (2) ◽  
pp. 218-222
Author(s):  
Anak Agung Bagus Sempidi Junior ◽  
Anak Agung Sagung Laksmi Dewi ◽  
Desak Gde Dwi Arini
Keyword(s):  
Information Technology ◽  
Electronic Commerce ◽  
Cultural Values ◽  
Research Method ◽  
Legal Protection ◽  
Legal Research ◽  
Legal Rules ◽  
Business Transactions ◽  
The Government ◽  
Settlement Of Disputes

Development of information technology through legal infrastructure and its regulation so that the use of Information Technology is carried out safely to prevent its misuse by taking into account the religious and socio-cultural values of the Indonesian people. . The research method uses normative legal research and problem approaches using statutory and conceptual approaches. The results of the study show that consumer legal protection in online Electronic Commerce business transactions is regulated through online sale and purchase agreements based on conventional formal and material terms accompanied by buying and selling transactions carried out electronically through computer media. Settlement of disputes in e-commerce business transactions via online, is carried out both non-litigation and litigation. The suggestion is to the Government, it is hoped that participation in solving problems is very important, if a case like this occurs between different countries, then the settlement of this problem must be determined which legal rules will be used to solve it. The purpose of this study is to determine legal protection for consumers in electronic commerce business transactions through online, and how to resolve disputes that occur in electronic commerce business transaction agreements through online

scholarly journals PEMBATALAN PERJANJIAN BANGUN GUNA SERAH (BUILD OPERATE TRANSFER/BOT) ANTARA PEMERINTAH DAERAH KOTA BOGOR DENGAN PIHAK SWASTA (PT PANCAKARYA GRAHATAMA INDONESIA) DITINJAU DARI SUDUT KITAB UNDANG-UNDANG HUKUM PERDATA

2018 ◽  
Vol 1 (1) ◽  
pp. 1638
Author(s):  
Lorenzo Marco ◽  
Gunawan Djajaputra
Keyword(s):  
Research Method ◽  
Field Data ◽  
Central Government ◽  
Municipal Government ◽  
Criminal Code ◽  
City Government ◽  
Legal Research ◽  
The Government ◽  
The City ◽  
Binding Agreement

The BOT (Build Operate Transfer) Agreement between Bogor Municipal Government and PT Pancakarya Grahatama Indonesia is an agreement to optimize Baranangsiang terminal assets as stated in the agreement Number: 601 / Perj.418-BPKAD / 2012 / Number: 005 / PGI / DIR / VI / 2012 . Until now, the agreement of both parties has not been able to be considered because of the change of authority of the terminal which formerly the authority of the City Government of Bogor to switch to the Central Government, resulting problems Whether the Government / Mayor Bogor can cancel the unilateral agreement BOT in the construction of Terminal Baranangsiang viewed from the point Civil Code? The research method used is normative legal research method supported by interview and field data. Based on the analysis that the BOT agreement between Bogor City Government and PT Pancakarya Grahatama is a valid and binding agreement between both parties and can not be canceled unilaterally by Bogor City Government, although there are new regulations that change the authority of terminal A Baranangsiang become the authority of Central Government . The Agreement may be canceled if it violates Article 1320 of the Criminal Code or violates the subjective and objective terms of the validity of the agreement. When the agreement is mutually agreed upon by both parties, the agreement must continue and act as a binding law as regulated in Article 1338 of the Criminal Code. Bogor City Government should immediately provide certainty to the PT Pancakarya Grahatama Indonesia for Baranangsiang terminal revitalization project can be immediately realized and need a revision (adedendum) agreement between the Government of Bogor City with PT Pancakarya Grahatama Indonesia related to changes in authority of terminal A Baranangsiang between PT. PGI with the Central Government.

scholarly journals PERLINDUNGAN HUKUM TERHADAP ANAK DALAM PERSPEKTIF HAK ASASI MANUSIA

2018 ◽  
Vol 4 (1) ◽  
pp. 141
Author(s):  
Muhammad Fachri Said
Keyword(s):  
Human Rights ◽  
Child Protection ◽  
Research Method ◽  
Legal Protection ◽  
Children's Rights ◽  
Children’S Rights ◽  
Legal Research ◽  
Descriptive Research ◽  
The Common ◽  
The Government

This study aims to analyze the problem of legal protection for children in the perspective of human rights. The type of this research is socio-juridical or including descriptive research with a non-doctrinal approach, which views law as a socio-empirical symptom observed in experience. The research method used is descriptive research with the type of incorporation of normative legal research with sociological legal research related to the implementation of legal protection for children in the perspective of human rights. The results of the study show that the results of this study are the legal protection of children in the perspective of human rights in essence is an effort made by parents, government and society to fulfill and guarantee all children's rights that have been guaranteed in the convention of children's rights and laws Number 35 of 2014 concerning Child Protection. Legal protection for children in the perspective of human rights is less implemented because the government has not implemented its obligations in fulfilling children's rights so that there are still legal violations of children. The recommendation of this research is to implement legal protection for children in the perspective of human rights, parents should be fully responsible for the behavior of children and the government establishes policies that are in line with the wishes of the community, so that the common perception between parents, government and society is realized in fulfilling the rights child.

scholarly journals WEWENANG KEPOLISIAN MENGADAKAN TINDAKAN LAIN DALAM MEMBERIKAN PERLINDUNGAN HUKUM TERHADAP ANAK MENURUT UNDANG-UNDANG NO.11 TAHUN 2012 TENTANG SISTEM PERADILAN PIDANA ANAK

2013 ◽  
Vol 2 (3) ◽  
Author(s):  
I Wayan Juwahyudhi
Keyword(s):  
Juvenile Offenders ◽  
Justice System ◽  
Research Method ◽  
Legal Protection ◽  
Negative Effects ◽  
Legal Research ◽  
Effects On Children ◽  
The Law ◽  
The Government ◽  
The Right

ABSTRACTOne of the police authorities is a discretionary action, where the action can also be done at the time of the investigation in dealing the juvenile offenders to protect children’s right to get justice and maximum legal protection. In the Law Number 11 of 2012 on the Juvenile Criminal Justice System stipulate about the investigator authority to carry out action of diversion, but this only applies to children under sentence of less than 7 years in prison and does not apply in children who are subject to punishments of more than 7 years in prison. This is contrary to the 1945 Constitution and the Law Number 23 of 2002 which emphasizes the protection of children before the law an the efforts to avoid imprisonment of the juvenile offenders.The thesis describes the police authority and the legal mechanisms and policies by the investigator in protecting the right on the juvenile offenders that puts the principles of legal protection. In order to avoid negative effects on children, therefore the police discretion is needed to avoid restrictions on freedom of the children’s right. The method used is a normative legal research method, where the normative or library legal research method is done by examining existing library materials.The writer suggested to the government to be more serious in dealing with the problems of children, especially for the juvenile offenders so that the welfare and right of children are protected and to avoid restrictions on freedom and minimize for juvenile offenders.

scholarly journals Legal Protection of Brand Rights Holders for Brands Counterfeiting in E-Commerce in Indonesia

2020 ◽  
Vol 7 (2) ◽  
pp. 96-101
Author(s):  
Gede Angga Prawirayuda ◽  
I Nyoman Putu Budiartha ◽  
Ni Luh Made Mahendrawati
Keyword(s):  
Research Method ◽  
Legal Protection ◽  
Moral Rights ◽  
Legal Certainty ◽  
Legal Research ◽  
Economic Rights ◽  
Domain Names ◽  
The World ◽  
The Government ◽  
Internet Networks

The most detrimental thing is the use of domain names on internet networks that often use company name, brand and services without permission from the brand owner. The position of the brand is very important in the world of advertising and marketing. That happens because consumers in choosing a product related to the reputation of a brand, based on a sense of trust in the experience in using products with that brand. Aside from being a differentiator of a product with other products, a brand is also a valuable and commercial asset that has moral rights and economic rights. This study aims to analyse the preventive and repressive legal protection of trademark rights holders in e-commerce transactions. This research was conducted using the normative legal research method. The results of this study indicate that the preventive legal protection of trademark rights holders in e-commerce transactions is to register the trademark. The emphasis on preventive protection in this research is related to guarantees of the exercise of rights for brand rights holders in e-commerce transactions. That the presence of the government by drafting the Electronic Commerce Act and conducting socialization related to the legal protection of the parties in e-commerce is expected to be able to provide legal certainty of legal protection. Repressive legal protection in resolving trademark disputes is expected to create a guarantee for the enforcement of the rights of registered trademark rights holders in e-commerce transactions. Settlement of trademark disputes in e-commerce transactions can be done in 2 (two) ways, namely litigation and non-litigation.

scholarly journals EFEKTIVITAS KEBIJAKAN PEMBAYARAN UANG PENGGANTI DALAM TINDAK PIDANA KORUPSI DI INDONESIA

2020 ◽  
Vol 2 (3) ◽  
Author(s):  
Ananta Prathama ◽  
Widya Puspa Prameswari ◽  
Silvia Wahyu Pradana
Keyword(s):  
Research Method ◽  
Qualitative Approach ◽  
Legal Research ◽  
The Government

Various attempts were made by the government to eradicate corruption. One of them makes additional criminal policies in the form of replacement money. The effort apparently has not produced specific results because the rate of corruption continues to increase every year. The purpose of this research is to find out how far the effectiveness of the policy of implementing replacement payments in corruption and to find out the obstacles faced in paying compensation money in corruption and how to overcome them. This study uses a normative legal research method with a qualitative approach. The results of this study indicate that the replacement money policy has not been effective. Keywords: Effectiveness of policies, Substitute money, Corruption

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