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Published By Universitas Muhammadiyah Parepare

2580-6319, 2597-9353

2019 ◽  
Vol 3 (1) ◽  
pp. 28-38
Author(s):  
Syahdi Buamona

this paper analyzes several problems, namely what is the white collar crime and how the white collar crime in criminal law enforcement. using the method used is normative juridical as for the results of the research, first, white collar crime is basically done by certain people who have a position, occupation, and position and are well-known in the life of society. The officials actually use their power in the wrong way, without paying attention to the impact on society and the country. Second, in the aspect of criminal law enforcement, white-collar crime is a crime in a position offense as a criminal event committed by people who work for a government bureaucracy and / or cooperate with other people. As a result of their actions, as well as criminal acts of corruption will be detrimental to state finances and declared an act that violates the law, both in the form of violations and crimes regulated by law.


2019 ◽  
Vol 3 (1) ◽  
pp. 63-78
Author(s):  
Ridwan Arifin

The number of general elections in Indonesia, such as in regional head elections, leagislative elections and in the election of president and vice president. In general elections, the president and vice president are often referred to as legislative elections, while the head of the region itself has the title, namely regional head elections only. The proverb says that where there is a rule there will be an offense. Therefore, to avoid any undesirable things, an improvement is needed to deal with this. In order to avoid fraud, in the improvement there is certainly an institution that regulates, namely from the law apparatus, as an apparatus in law enforcement is required to be able to ensure the existence of violations in the implementation of elections only because solely to enforce integrated law. In fact, the general election is always interesting so that it can be investigated, which is contained in the rules, implementation, and in the participants and the community. It certainly determines the success of the general election. If the rules are already felt or considered to be good in its implementation without capable law enforcement so that it will be difficult also in its realization. Good rules and good law enforcers also cannot maximize if the people themselves are ignorant and do not care about existing regulations. So, order between the three of them bound each other. In general elections it does not only involve one or two people, but requires a lot of people, so that the community is required to participate in issuing their opinions. But with so many parties participating in the election, there were many violations of the implementation, for example in 2014, where there were still many violations in general elections. Whereas at that time there was a socialization of the implementation of the general election which was socialized by the KPU and Bawaslu, not only socialization but also from the Bawaslu and its staff who participated in efforts to prevent the occurrence of violations in general elections. Although in the end socialization in prevention still cannot reduce the number of violations that exist. In dealing with this problem the creation of a system can reduce violations during the election, namely the process of synergy of Gakkumdu with the aim of realizing democratic elections in 2019 in the hope that it can provide the effect of clarity and change in carrying out general elections


2019 ◽  
Vol 3 (1) ◽  
pp. 1-11
Author(s):  
Miftah Idris

The risk faced by sharia banking in channeling funds through financing is the biggest source of risk for business operations, because the presence of problematic financing not only lowers income for Islamic banks but also affects the health of Islamic banks. Therefore, risk management is needed to identify, measure, monitor and control risks in accordance with Islamic banking business activities. The purpose of this study is how efforts are made to improve the optimization of risk management in Islamic Banking. The research method used is descriptive legal research or literature with a type of qualitative research. The results of the study found that there is a need for optimization of institutions and systems in strengthening risk management in Islamic banking today


2019 ◽  
Vol 3 (1) ◽  
pp. 12-27
Author(s):  
Ibrahim Fattah

This study aims to find out and examine the challenges of the district / city DPRD in preparing Academic Manuscripts as the initial manuscript for planning the formation of local regulations that are extracted from the community (botton up) as a result of legal research. The type of research used is juridical-normative and juridical-empirical research. In order to realize the Academic Script in the formation of regional regulations at the district / city level, the DPRD faces challenges in terms of routine routines within the DPRD and in its parties. Academic manuscripts in the formation of regional regulations have not yet become a well-planned stage so that the rationale and reasons for the need for the preparation of academic texts as a reference for the establishment of certain regional regulations have not been revealed in a comprehensive and systematic manner. The legal basis of academic texts has been very strong, especially after the birth of Law Number 12 of 2011 concerning the Establishment of Legislation, as stated in Article 56 paragraph (2). Community participation and stakeholders in public discussion / consultation activities are spaces provided to accommodate views, proposals and include criticism of the establishment of the Regional Regulation.


2019 ◽  
Vol 3 (1) ◽  
pp. 39-62
Author(s):  
Asram AT Jadda

This research discusses the protection and management of biodiversity in environmental law perspective. Indonesia has a large biodiversity which needs to be managed and protected. Indonesia has enacted laws and regulations on biodiversity, but they are still weakly and less effectively implemented. Furthermore, it is a fact that regulations stipulated by the government or certain sectors do not still accommodate interests of all parties. Legal issues examined here is whether Act No. 32 of 2009 on the Protection and Management of the Environment has protected biodiversity in Indonesia and how is the implementation of policies in protecting biodiversity during this time. The research results show that Act No. 32 of 2009 on the Protection and Management of the Environment has protected the biodiversity in Indonesia. Implementation of policies about the protection and management of biodiversity during this time can be viewed from the relationship of policy between the government and the regional government, such as the authority and institutions to manage and protect the environment, including instruments to manage biodiversity


2019 ◽  
Vol 2 (2) ◽  
pp. 129-143
Author(s):  
Citra

Children are the next generation of the nation, the existence of children is very important because the child is a potential fate of the nation as well as a mirror attitude of life of the nation in the future. A child who is a superior seed and has the widest hope to prepare for his future as a milestone of success of a nation in the future should not fall in the world of evil. It is unfortunate that children at an early age have been involved in criminal offenses and past their youth behind bars, increasingly contaminated with other inmates. This research was empirical legal research, that is the research on the provisions of the legislation in the national law concerning restorative approach in the imposition of action sanctions against children in conflict with law in order to keep children away from imprisonment and negative stigma in society . Addressing the issue of a child in conflict with the law should be done in a familial approach and avoiding children from prison as much as possible. The sanction of action for the child contained in Article 82 of Law Number 11 of 2012 on Criminal Justice System for Children expected to prevent the child from the negative stigma in society and keep the children from bad effects of prison. Thus the current restorative model of punishment is more applicable in handling child offenders. It is expected that law enforcement officers to pay attention to the provisions of the rules that apply to children in conflict with the law in terms of imposition of more sanctions toward education and character development of children so that the threat of imprisonment becomes the last alternative in imposing sanctions for children


2019 ◽  
Vol 2 (2) ◽  
pp. 102-128
Author(s):  
Firmansyah

Social work sanctions is an alternative in handling traffic violations without going through a litigation process, this research aims; First, to find out the right strategies related to social work sanctions. Second, to find out the factors that influence the implementation of social work sanctions and finally to find out the impact of the application of social work sanctions. The research method used is a socio-normative research method. Data collection techniques for library research and interviews. The results of this study indicate that the strategies is used in implementing social work sanctions are; Field survey, socialization Collaborate with the police to conduct sweeping on the object of research, carry out social / social work sanctions and install stickers to control and there needs to be a conscious area or traffic order. namely the existence of the concept of ultimum Remedium. It’s mean that criminal is the last step and the Discretion is a power or authority that is carried out based on the law for consideration and belief and emphasizes moral considerations rather than legal considerations. The inhibiting factors are; Written rules or regulations / substances that do not yet exist, lack of socialization and legal culture or attitudes of both the community and the police are still low regarding legal issues. Finally, the impact of the implementation is the creation of rules or laws that specifically regulate the issue of social work sanctions. The next thing is the creation of the Community Police Concept


2019 ◽  
Vol 2 (2) ◽  
pp. 186-204
Author(s):  
Asram AT Jadda

The development and expansion of ecenomy especially in the sector of nasional industry and trading have been produce all kinds of goods snd services that can be consumend. That condition makes the position of consumer and producer aren’t balance. The main factor which being weakness for consumer is the consciousness bout their right are still low. One of the rights for consumer is information roghts, it forms food label but there are still can be found products from home industries food label in food in fact. That purpose from this research is know legal protection for the consumer againts unlable home industry’s food product and responbillity from producer unlabel home industry’s food. The research uses normative law receach. The writer uses legislation nd concept approach. The law data taken from primary, secondary, tertiary law. It will be analyzed a prescriptive that extend argumentation of  the result as the writer did the research. From the research, it can be conclude that the legal protection for consumer about home i dustries food product which have not label that is preventive legal protection. Sanction related to food labeling only administrative sanction


2019 ◽  
Vol 2 (2) ◽  
pp. 158-185
Author(s):  
Ibrahim Fattah

The recess is regulated in the DPRD rules but does not regulate the method of community involvement so that many recess results do not reveal the problems faced by the community and consequently the solution is not found to later become a development activity that is budgeted annually through the APBD. The purpose of this paper is to find out the right strategy related to revising the DPRD Regulations governing the recess of DPRD members. To find out the factors that influence the implementation of recess of DPRD members. To find out the results of implementing Participatory Recess for DPRD members and the community. The research method that I use in this study is socio-normative consisting of normative and sociological research. The approach to legislation (statue approach) is to review a number of legislative rules relating to the recess of DPRD members. The results of the research are conducting a strategy, namely; Identify to Publish the process of implementing participatory recesses through media newspapers and online media. The influencing factors are; 1) the availability of Human Resources that are national regulations on Information Technology, Integrity, consistent attitudes and behaviors, media publications, and Civil Society Organization (CSO) Partitions. The results of the implementation of Participatory Recess for DPRD members and the community in the City of Parepare are more maximal


2019 ◽  
Vol 2 (2) ◽  
pp. 144-157
Author(s):  
Sulastri M

The focus of the research is based on facts in the field regarding public land acquisition. Besides wanting to know how the land acquisition process is, it also wants to know the factors that influence land acquisition for the public interest in the city of Makassar. This research is legal research (empirical research) with a legal approach (statute approach). The results of the study indicate that the politics of land law in Indonesia is contained in the LoGA, that the state is not the owner so that the state does not own land. Therefore, the UUPA is not known as eigendom. However, the existence of a state within the scope of the land is only authorized to regulate various issues relating to land in Indonesia, including the authority of land regulation that is increasingly important especially if there are government agencies that need land as the land where development is carried out in the public interest. land to government agencies for development in the public interest, it is deemed necessary to have a legal rule that can be used as a reference in a positive law.


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