CHARACTERISTICS WANPRESTASI AND ONRECHTMATIGE DAADAND THE CONSEQUENCES OF THE LAW

<p>Onrechtmatigedaad and wanprestasi claims always rely on a contractual relationship between parties, giving birth to legal rights and obligations. Rights and obligations here are manifested by an achievement. When an achievement is not fulfilled or carried out in accordance with the contents of the agreement, it is called a default. While the act of violating the law the starting point of the lawsuit is the interests of certain parties who are harmed by the actions of other parties, even though between the parties there is no<br />contractual civil law relationship. In this case, the basis for the lawsuit is sufficient to prove whether the perpetrator's actions have actually harmed the other party. In other words, filing a lawsuit in violation of the law is solely oriented to the consequences caused by other parties experiencing losses. Petitum Lawsuit Defaults the plaintiff's demands in the form of: Granting the plaintiff's claim; Stating the Defendant has a Default, Punishing the Defendant to return the Principal, Interest and Profits to be obtained. In a Lawsuit for Violating the Plaintiff's Lawsuit; Stating the Defendant has committed an illegal act; Punish Defendant to pay compensation in the form of Material Compensation and Moriel Compensation. the merging of Unlawful Acts with default in one claim violates the procedural code of conduct because both must be resolved separately</p>

THE ROLE OF THE CENTRAL JAVA PROVINCIAL WAGE COUNCIL IN DETERMINING REGENCY/CITY MINIMUM WAGES IN 2020

<p>The purpose of the study entitled "The Role of the Central Java Provincial Wage Council in Determining Regency/City Minimum Wages in 2020" is to determine the role of the Central Java Provincial Wage Council and the procedures for setting the minimum wage in 2020 by the Governor of Central Java Province. The research method used is normative juridical, which is an approach aimed at the study of legal issues from the aspect of applicable legal regulations, in this case in the form of the role of the Central Java Provincial Wage Council in seeking regency/city minimum wages in Central Java. Before the Central Java Provincial Wages Council was formed the name of the Central Java Provincial Research, Wages and Welfare Commission. With Presidential Decree No. 107 of 2004 concerning the Wages Board stipulated by the President of the Republic of Indonesia Megawati Sukarno Putri on 18 October 2004. In principle between the Research Commission and the Wage Council there are some differences, among others, regarding the requirements to become a member of the Research Commission and the Wage Board that the requirements to become members of research do not have to bachelor, while to become a member of the Wage Board must be a S1 as well as regarding the composition in the Research Commission the ratio between representatives of workers, government and employers is 1:1:1 and universities. While in the Wage Council the ratio of government, workers, and employers is 2: 1: 1 and universities and experts. In order to follow up on the Presidential Decree on the Wage Council, the Governor of Central Java Province issued Decree No. 560/61/2005 concerning the Establishment of the Central Java Provincial Wage Council. The Governor of Central Java Province also issued Regulation No. 31 of 2005 concerning Procedures for Proposing Members of the Central Java Province Wage Council. Governor's Decree Number 560/58 2019, concerning UMK of 35 Regencies/Cities in 2020 stipulated the highest wage in Semarang City of Rp. 2,715,000,-, while the lowest was found in the Banjarnegara district of Rp. 1,748,000. Determination of wages has been through existing mechanisms and refers to applicable laws and regulations. The minimum wage is calculated based on the formula of Article 44 paragraph (2) of Government Regulation no. 78 of 2015, in accordance with the Minister of Manpower Letter No. BM 305 Year 2019.</p>

PRINCIPLE OF EQUALITY BEFORE THE LAW AND DIVERSION ON CRIMINAL JUSTICE SYSTEM FOR CHILDREN IN INDONESIA

<p>Restorative justice is the ultimate goal of Law Number 11 of 2012 concerning the Criminal Justice System for Children, so that children in conflict with the law must obtain Diversion. Article 7 paragraph (2) and Article 9 paragraph (2) the SPPA Law is<br />discriminatory and unjust, both for perpetrators and victims of criminal acts, because there are restrictions, exceptions and disregard for Diversion provisions. In concretto, in 2014-2018 the use of Diversion (49.61%) was lower than formal justice (50.39%), the data showed that some children who were in conflict with the law did not get Diversion. Based on the analysis of concept the principle of equality before the law in ideal-norm thinking, it is necessary to reconstruct the provisions of Diversion in the SPPA Law, namely (a) The principle of equality before the law must be used as a determining indicator in the formulation and process of Diversion law enforcement. (b) Provisions on child-oriented Diversion as the subject of criminal acts will determine justice in the application of Diversion for every child in conflict with the law. (c) Diversion provisions which are oriented towards acts, sanctions and value of losses as a requirement for the application of Diversion, will cause discrimination in the application of Diversion.</p>

CHALLENGES AND POTENTIALS OF WAQF IN CONTEMPORARY INDONESIA

<p>Waqf, as an instrument of the Islamic Economy, has been developed in a quite long period. Since the Prophet Muhammad PBUH era up to present. Indonesian people have also recognized waqf much long before Indonesian independence in 1945. Yet, the institutionalization of waqf into national law is less than five decades in Indonesia. As the most predominantly Muslim country in the world, most of the people recognize waqf only as a land donated in the name of Allah for building masjids, schools (madrasah) or cemeteries. Whereas, at The Law No. 41/ 2004 on Waqf, waqf is not limited to immovable goods but also movable assets. And, the utilization of waqf is not limited to build masjids and madrasah, but also for other purposes that related to public welfare. This article discusses the challenges and potentials of waqf in contemporary Indonesia</p>

SOCIALIZATION URGENCY OF LEGAL PROTECTION OF INTELLECTUAL PROPERTY RIGHTS FOR VILLAGE IN LEGISLATIVE DRAFTING PURPOSE

<p>Norms or rules are a code of conduct for human life including legal norms that are strict and direct sanctions. One of the legal products made by legislative drafters is regeling, for example laws that are made, discussed, and agreed upon between the President<br />and the House of Representatives. Legislation must be made to have a purpose. This has the understanding that a statutory regulation is a joint goal between the Government and the people represented by the House of Representatives. Another aspect is that regulations are expected to be effective. In connection with norms in the constitution referred to as the rule of law, this means that all forms of community and government behavior must be in accordance with and must not violate the laws and regulations. One of the rule of law in Indonesia is that the actions of the government must be in accordance with the laws and regulations. If we look at research in villages in SekaranSubdistrict, there are resources and potentials at a local scale that can be increased to increase village empowerment and economy. On the other side, there are laws and regulations related to this matter. This happens due to lack of socialization related to the regulation (village and intellectual property rights) so that the implementation cannot be carried out optimally. So the socialization of a regulation so as to increase the realization of the purpose of the regulation is made important. This research uses descriptive analytical method.</p>

CONTROLLING OF IMPORTED OR EXPORTED GOODS RELATED TO BRAND PROTECTION BY CUSTOMS

<p>Customs regulations in Indonesia, there is also a legal mechanism to protect brands. Provisions in Chapter X of Law, Number 10 of 1995 concerning Customs as amended by Act Number 17 of 2006 concerning Amendments to Law Number 10 of 1995 concerning Customs, includes a prohibition on import or export restrictions and controls on the import and export of goods the results of infringement of Intellectual Property Rights including Trademark Rights. The role of Customs in the framework of protecting registered brands is as a traffic surveillance apparatus for goods entering or leaving Indonesian territory, the Directorate General of Customs and Excise (DJBC) is required to control the import-export of products resulting from violations in the field of trademark rights, and intellectual property rights and by court order can stop the entry and exit of goods infringing trademark rights. The implementation of the trips agreement in the laws and regulations on Indonesian customs can contribute to the protection of registered trademarks, especially in terms of being the front door in overcoming violations of trademark rights in Indonesia.</p>

UNSAFE ABORTION BUSINESS, UNTIL WHEN?

<p>Pregnancy occurs and unwanted frequently bring a big issue for women, pregnancy backgrounds were varies, there is for having sex outside marriage, incest, or pregnancy due to the factor of sex crimes such as rape and others. For a pregnant woman in a<br />state of not having a partner is certainly not easy to survive, therefore often thought to abort appears and choose the easiest way, which is not to the doctor because it will find a variety of procedures. Then choose to go to a clinic that serves the practice of illegal abortions, such as a police case reports in February 2020 that uncovered the practice of illegal abortions in a clinic in the area of Central Jakarta. In terms of the application of positive law in Indonesia, the problem was raised again, namely how the supervision and application of criminal law against illegal abortion business? When people are free to choose, the consequences will increase the maternal mortality rate itself. Should the birth of regulations governing therapeutic abortion, safe abortion will be the answer to the fate of women in the future.</p>

DEMOCRATIZATION OF NATURAL OIL AND GAS NATURAL RESOURCES MANAGEMENT FOR PEOPLE'S WELFARE

<p>Oil and Gas is one of the natural resources (non-renewable) strategic nonrenewable controlled by the state and a vital commodity that dominate the lives of many people and has an important role in the national economy must be managed optimally provide prosperity and welfare for the people. However, the fact is that oil and gas management has not provided maximum benefit for the welfare of the community's life, due to the management of oil and gas resources which only emphasizes the dredging element<br />without accompanied by protection of community rights as well as countermeasures against the negative impacts of oil and gas activities for the surrounding community. The thing that must be done is to restore the people's sovereignty over oil and gas natural resources by rearranging the management of oil and natural gas by giving more portions to State-Owned Enterprises to manage oil and gas natural resources for the welfare of the people.</p>

CENTRALIZATION OF THE FORMING OF NATIONAL AND REGIONAL REGULATIONS, IS IT POSSIBLE?

<p>The forming of regulations in the executive domain is still carried out by institutions spread across various ministries and non-ministries.For this reason, it is necessary to do research of the centralization of the formation of national regulations and regional regulations. The aim of this research is describing centralization national and regional regulations forming. This research is descriptive analytical that aimed at expressing a problem or situation or event as it is so that it can reveal the actual facts. Data types that used in this study is secondary data and primary data. All data is analyzed by qualitative analysis method. The results of the study indicate that the establishment of a legislative ministry can unite the formation of national regulations and regional regulations so as to avoid overlaps and will formed harmonization of national regulations and regional regulations. This research further suggests to establishing ministry of legislation.</p>

THE ROLE OF THE COMMUNITY AND THE QUALITY OF VILLAGE REGULATIONS

<p>Society is one of the elements in the formation of legal products by the government so that the legal products that are formed do not cause harm to one or both parties. Formation of legal products or laws and regulations in order to meet legal objectives (for example justice, expediency, and legal certainty), it is also necessary that a legal product is made by an authorized official or government which by law is given the authority to form regulations laws or legal products. This is important because it relates to the relief of a legal product or the needs and issues of village law between one village and another because of the different environmental and community conditions between one village and another. Community participation in the formation of village regulations is important because the community knows about legal issues in the community, so it is important when establishing laws and regulations, especially village<br />regulations to find out the aspirations of the village community concerned. In addition, public legal awareness is important in the context of enactment to achieve the goals of what is the goal of a legal product that is made. The method used is a normative juridical approach to the legislation and the doctrine of law and using qualitative analysis.</p>