KONSEP CULPA DALAM PERKARA PIDANA SUATU ANALISIS PERBANDINGAN PUTUSAN NOMOR 18/Pid.B/2017/PN.TOBELO

The concept of omission or culpa from the legal aspect is very different from the concept of omission or culpa that is understood everyday. Many events include omission or culpa but the incident may not be a criminal act. Thus, law enforcement must be careful in giving meaning to a legal act related to omission. Court Decision Number 18 / Pid.B / 2017 / PN.TOb. is a decision which is the object of research in this paper, in which the author disagrees about the concept of omission or culpa which is considered by the Tobelo District Court judge in that decision, although I agrees that the defendant's actions were omission. The analysis used is legal analysis using a statute approach and case approach so that it can find out the basis of the court's consideration of choosing Pasal 359 KUHP dropped against the defendant Imsal Ilahi Baksi. In its consideration, it was found that Tobelo District Court judges interpreted omission as " not careful " or " lack of attention" so that the defendant was proven legally and convincingly committed a crime of omission. Meanwhile, in the criminal law doctrine, many concepts of omission or culpa are not always interpreted as "not careful" or "lack of attention" such as omission in the sense of onbewuste schuld. Because of the fact, in this case the defendant was careful and gave attention by notifying his actions (installing electricity), but only did not imagine the possibility of consequences

EKSTRADISI MENG WANZHOU DALAM PERSPEKTIF HUKUM INTERNASIONAL

Extradition is one of the international law field of studies. One of that controversy is Meng Wanzhou’s case, chief financial officer of Huawei. She is known as the daughter of Huawei’s founder Ren Zhengfei and holding Chinese citizenship. Meng Wanzhou was captured and detained by Canadian authority by the request of United States of America when she transitted Canada at Vancouver Airport December 2018. She was charged of frauding which is related to Skycom, a technology company based in Iran. This event led the diplomatic ralation between China, Canada and United States excalated. China government had already released an official statement which expressed anger and their objection about the charged and detention. On the other side, Canada and United States insisted in this event genuinely only a legal matter. This research conducted by a normative and IRAC methods for the analysis part. Based on the research, the request of extradition by United States was consistent with international law principle. Every objection matter by any Party of this case should be done by every diplomatic channels. This thing should be done to maintain the world’s peace.

PERLINDUNGAN PEMILIK MEREK DAGANG EIK YANG DIGUNAKAN DI INDONESIA MELALUI PERJANJIAN DISTRIBUTOR (ANALISIS PUTUSAN NOMOR 1300 K/Pdt.SUs_HKI/2017)

It is still a debate about the controversy of brand protection systems in Indonesia regarding systems first to file. The distributor agreement was also seen to be a gap for principals who did not understand the system first to file. What protection is given to brand owners? Problem research uses normative research with an approach to law and cases. The data used is secondary data. Protection for brand owners who do not register their brands, but sell in Indonesia through a distributor agreement, contained in Article 78 of the brand law. But the weakness of the brand owner must prove itself in the trial of ownership of the brand, so that the owners of foreign brands should register their brands before signing a distribution agreement as a guarantee of the protection of their rights.

TINJAUAN HUKUM TERHADAP PENGGUNAAN TENAGA KERJA ASING DI INDONESIA BERDASARKAN PERATURAN PRESIDEN NOMOR 20 TAHUN 2018 JO. PERATURAN MENTERI KETENAGAKERJAAN NOMOR 10 TAHUN 2018

Indonesia is a legal state.Developing countries where development of technology is growing rapidly.So the country has high competitiveness to work. Then, the Government issued a new regulation governing Manpower, namely Presidential Regulation 20 Year 2018 concerning the Use of Foreign Workers, followed by its implementing regulation namely Minister of Manpower Regulation 10 year 2018 concerning Procedures for the Use of Foreign Workers, which replacing the old regulation namely Presidential Regulation 72 of 2014 concerning the Use of Foreign Workers and its implementing regulations, namely Minister of Manpower Regulation No. 35 of 2015. However, after the issuance of the latest regulations governing Manpower there were pros and cons, the pros against new regulations this is because since the latest regulation, the users of foreign labor have easy access to the terms of use of foreign workers. As for the contract, because workers in Indonesia feel that since the latest regulation, Indonesian workers feel their chances of working are fewer. So that the author writes about the problem of how the Regional Government policies in the use of foreign workers? The author uses normative legal methods and uses interview data and survey results as supporting data.The results of the research obtained are that the Government has taken a policy that is very helpful for the progress of the national economy in our country, only there are some problems in enforcing the regulations in the community there are still shortcomings.

PENERAPAN PRINSIP FIRST COME FIRST SERVED DALAM PENYELESAIAN TUMPANG TINDIH WILAYAH IZIN USAHA PERTAMBANGAN

Indonesian mining industry have undergone impressive pace of development that dispute concerning overlapping on Mining Business License Area which triggers Mining Business License cancellation or revocation. One of such incidents occur between PT Kemakmuran Pertiwi Tambang and PT Wana Kencana Mineral, whereas both companies obtained Mining Business License for the same commodity on the same Mining Business License Area. How can legal certainty be relied upon concerning the Operation Production Mining Business License for holders of Exploration Mining Business License on the overlapped Mining Business License Area based on Mining Law and does the revocation conducted by the Governor of North Maluku has been in accordance with the applicable regulation? To answer both issues above, the author utilized normative qualitative analysis technique and interviews as supporting data. Based on Law No. 4 Th. 2009 concerning mineral and coal mining Article 46, every holder of Exploration Mining Business License shall reserve the right to obtain Operation Production Mining Business License and by using "first come first served" system, PT Kemakmuran Pertiwi Tambang should have the first right to obtain Mining Business License since they have obtained the Exploration Mining Business License in 2005. Meanwhile the revocation conducted by the Governor of North Maluku is clearly against the applicable regulations such as Law No. 30 Th. 2014 concerning Government Administration, Law No. 9 Th. 2015 concerning Regional Regulation, General Principles of Good Governance and Article 119 of Mining Law concerning the terms for Mining Business License revocation.

PEMBERIAN SANKSI DANA ZAKAT KEPADA BENDAHARA PEMERINTAH DI PAGALARAM

This study aims to find out and analyze the granting of alms charity funds to the Government Treasurer in Pagalaram City for the implementation of zakat funds carried out by the Government Treasurer.The research method used is normative law, namely the legal systematics that identifies the basic meaning in law. analyzed using statistics or mathematics or the like, but describe descriptively from the data obtained and also the method of inductive thinking is the conclusion that a statement or dalili that is special becomes a general statement or case, the data source uses secondary data namely Primary Legal Material namely, Secondary Legal Material Research and tertiary Legal Material.The purpose of this writing is to find out and identify and understand about the granting of zakat alms (BAZ) sanctions to government treasurers in Pagalaram city. Approach to Law Number 20 of 2011 concerning the Eradication of Corruption Crimes and also a theoretical approach to zakat and the Regulation of the Financial and Development Supervisory Agency.The results of this study indicate that the embezzlement of funds carried out by the Government Treasurer on zakat funds is in the place of the Zakat Agency (BAZ) which should be used for people who need financial assistance, there can be empowered for something useful for the community to can be said to be less capable in income / income distributed by the Amil Zakat Agency (BAZ).

PERLINDUNGAN HUKUM TERHADAP PEMEGANG SERTIPIKAT HGB UNTUK MEMPERPANJANG DAN MEMPERBARUI HGB DI ATAS HAK PENGELOLAAN STUDI PUTUSAN MA NO 3090/K/Pdt/2017

This research is about legal protection for holders of certificate of building use rights to extend and renew building use rights over management rights which is the main problem is how the authority of holders of certificates of building rights in extending and renewing building rights over management rights and how to protect them against Building Rights holders who have expired brut sktill occupy q lanqd and builqdings. The metqhod ursed in theis stusdy is normative law, namely research that seeks to connect between legal norms that apply to the reality that exists in society. The soqurce of legal matqerial used is primarqy legqal matqerial and secoqndary legal matuerial. The research specifications used are analytical descriptive which are expected to be able to givqe a detaqiled, systeqmatic, andcomprehensive description of gall mattersrelating to Management Rights, Building Use Rights and legal protection against Rights holders to Build on Management Rights. The conclusion of this paper is that Building Use Rights over Management rights can be extended based on the applicable Law and good faith

PERAN DAN TANGGUNG JAWAB NOTARIS DALAM MEMBERIKAN PENYULUHAN HUKUM KEPADA CALON KLIEN TERKAIT PEMBUATAN AKTA (CONTOH KASUS: PUTUSAN NOMOR 200/PDT.G/2012/PN.JKT.SEL.)

The growth of people which impacted the social life causes many events and legal actions, therefore peoples make agreements stated in deed. However, a few of them does not clearly understand what kind of deed to be made. That raises some issues, how important is the role of the notarynin providing legalncounseling to prospective clientss in making the deed? And what about the notary responsible in providing legallcounseling to prospectivenclients? Thee Author examined the issues by normative juridicalnresearch method. Notaries has a very important role to provide information related to the deed thus it can be madenin accordance withnapplicable law, and the parties can feel safe and comfortable when implementing thenagreement, and the partiies understand the contents off the deed signed by them, because based on Article 13388 of the Indonesian CivilnCode states that “Allnlegally executed agreementssshall bind the individuals who havenconcluded them by law. They cannotnbe revoked otherwisenthan by mutualvagreement, or pursuant to reasonsnwhich are legallyndeclared to bensufficient. Theey shall benexecuted in goodd faith.” A notary can be considered guilty if the notary on purpose does not provide legal counseling to parties who do not know the law in terms of the deed to be made, then the nnotary must benresponsible for thendeed he made. Thus, the sanction for the notary concerned is that the notary may become a defendant in relevant cases.

PERKEMBANGAN MODUS OPERANDI KEJAHATAN SKIMMING DALAM PEMBOBOLAN MESIN ATM BANK SEBAGAI BENTUK KEJAHATAN DUNIA MAYA (CYBERCRIME)

The development of technology and the internet does not always produce positive things. Negative things that are side effects include the crime of skimming (theft of customer data) which is one type of crime in cyberspace. Lately Indonesia is enlivened with breaking ATM news that occurred in various regions in Indonesia. The customers suddenly lose their account balance due to being burglarized by irresponsible people. ATM piercing technique is known as ATM Skimmer Scan technique. ATM machine piercing (Automated Teller Machine) using Skimmer, which is a customer data thieves. The modus operandi of bank breakers is installing skimmer in ATM mouth. After the customer data obtained, the perpetrator just insert into the ATM card. burglars will freely drain the customer's money. Problems that arise is the development of modus operandi crime skimming in the case of bank burglary bank as a form of cybercrime (cybercrime) And Efforts / Legal Steps in Tackling Crime Use of Information Systems and Electronic Transactions. This research is legal research using conceptual approach and statue approach which will review Law Number 11 Year 2008 regarding Information and Electronic Transaction. Based on the method used, it is known that the modus operandi of criminal skimming in ATM bankruptcy as a form of cyber crime and the application of article in Law Number 11 Year 2008 regarding Information and Electronic Transaction as an effort / step in tackling the crime of Information System Use and Electronic Transactions.

PENEGAKAN HUKUM KEHUTANAN DALAM UNDANG-UNDANG NOMOR 18 TAHUN 2013 TENTANG PENCEGAHAN DAN PEMBERANTASAN PERUSAKAN HUTAN DITINJAU DARI PERSPEKTIF KEADILAN MASYARAKAT HUKUM ADAT

Forest destructions has been escalating worldwide, including in Indonesia. Therefore, the Government issued Law Number 18 / 2013 on the Prevention and Eradiction of Deforestation (P3H) which was expected to guarantee legal certainty with emphasis on eradication of organized forest destruction. The problem to be discussed in this paper is about law enforcement and application of Law Number 18 / 2013 which frequently used to criminalize the indigenous people in Indonesia. The indigenous people have been criminalized on the ground of unlawful forest products utilization, while they merely foraging to fulfill their basic necessities. The criminalization of indigenous people is a conclusive evidence, which proof that Indonesian Goverment has been neglecting the indigenous people’s right. This paper use normative approach. The conclusion of this paper analyze that the problem of the criminalization happens in implementation level, which caused by the ignorance of law enforcement apparatus and vested interest.