Child Protection Policy for Victims of Sexual Crimes

The study aims to investigate the ideal policy in realizing child protection and identifying the steps taken by the regional government in responding to victims of sexual crimes. The normative judicial method was used to analyse the data collected onsupporting factors and obstacles associated with victims of sexual crimes in Cirebon. The result showed that the government is still stuck in dealing with this occurrence. Therefore, the government needs to identify ways to deal with this problem.

Legal Consequences of Dualism Regulations on Micro Waqf Bank as a Sharia Microfinance Institutions in Indonesia

The presence of types of financial institutions in Indonesia makes it easy for people to choose which financial services they need. Micro Waqf Bank is one of the Microfinance Institutions that applies sharia principles that are currently growing and developing. However, there are legal issues related to arrangements for organizing a Micro Waqf Bank with a cooperative legal entity, namely, there are two overlapping regulations, namely the Microfinance Institution legislation, and Cooperative regulations. The purpose of this study is necessary to find out whether the legal consequences arising in the process of establishment, implementation, or if there are problems encountered by Mikro Waqf Banks as a Sharia Microfinance Institution incorporated as a cooperative. This study uses a normative legal research method with a statutory approach and conceptual approach. This study shows that the dualism of Micro Waqf Bank arrangements gives rise to contradictions in the arrangements for the establishment, guidance, and supervision. The existence of this dualism of regulation also gives rise to legal consequences in the establishment of a Micro Waqf Bank incorporated as a cooperative. The legal consequences are related to the broader aspects of business activities based on MFI regulations compared to cooperative regulations. Legal consequences related to capital aspects that require Micro Waqf Banks have a certain amount of capital by MFI regulations. Then from the aspect of coaching and supervision in which there are an examination and evaluation, there is also a dualism which in the regulation of the function of the cooperative is carried out by the Ministry of Cooperatives but the existence of the MFI regulation of the fostering and supervision function is under the authority of the Financial Services Authority.

The State’s Economic Protection by the Criminal Justice System Corruption: A Case Study

This study aims to identify efforts to protect the state's economic security through the criminal justice system in the case of nickel mining in Malapulu Block, Kabaena Island, Southeast Sulawesi, Indonesia. The Supreme Court has decided the case with decision number 2633 K/Pid/Sus/2018. This research was conducted with a qualitative approach through analysis of the description of the prosecutor's indictment and the judge's decision. The results obtained in the study show that the KPK Prosecutor made a mistake by withdrawing the appeal that had been made. This condition results in the lack of consideration made by judges in decision making. Secondly, legal experts do not provide a difference in the meaning of economic and financial losses for the state in judex factie and judex jurist. Third, the indictment by the public prosecutor has not described the form of crime committed as an extraordinary crime. Fourth, there is negligence in the corporate sentence.

Notary Liability over their Involvement in Document Falsification Crime

The presence of a notary in the Association of legal Communities is significant. Nevertheless, in carrying out its role and function, the Notary is very vulnerable in the vortex of deed against the law. Although in many instances, the public Notary can not be held accountable for the unlawful acts, in some cases, the Notary is unable to circumvent his involvement. This article presents two issues related to notary involvement in unlawful acts, especially the criminal offense. Each of these is: first, how is the form of notary involvement in criminal acts of document falsification? Secondly, can the public Notary be held accountable for his involvement in criminal acts of document falsification? This research was conducted through normative legal research. The results show that there are many forms of notary involvement in criminal acts of document counterfeiting. Secondly, the Notary may be held accountable and may be asked for criminal liability because of his involvement in criminal acts of document falsification.

A Shift in The Principle of Bank Secrecy due to Advancement in Information Technology

Bank secrecy is a conditional legal agreement used by a bank to guarantee the confidentiality of customers' dealing and financial affairs. However, the advancement in information technology, especially in the implementation of electronic systems and transactions across banks, has introduced tremendous changes in the ability of financial institutions to efficiently secure customers’ data. This study provides a detailed explanation of the transformation process using the normative method. The result showed a shift in the principle of bank secrecy to data security in the event of a violation.

Legal Consequences of Roya Mortgage in The Banking Practices Credit Contract

Roya is charged to the debtor without notifying that there is an additional obligation after paying off the mortgage. The aim of this research what are the legal consequences for the debtor if did not Roya in the implementation of the credit contract in PD BPR Bank Bantul. The metode of this research by using the empirical juridical method and qualitative analysis, the author examines primary data from interview with debtor, creditor and National Land Agency which combined with secondary data. The research shows that the legal protection for the debtor in the implementation of Roya are provided in Article 18 of Law Number 8 of 1999 on Consumer Protection, a protection for customer from exemption clause in a standard contract. The contract that violate this law shall be considered as null and void. Article 22 of Law Number 4 of 1996 on Mortgage stated that the plea for Roya is submitted by the interested party which translated as the creditor. The legal consequences if the debtor did not do the Roya is that the Land Certificate still administratively considered as a mortgage and the owner of the certificate of land cannot take any legal action on it.

The Ideology of Law: Its Reflection in the Legal Products of Indonesia

Law reflects the ideology adopted by a country. Therefore, this means Pancasila, as the ideology of Indonesia, needs to be accommodated in every legislation in the country. However, the formation of laws in line with the guiding principles of the country is influenced and developed from the understanding of the practices in other countries. This study aimed to analyze the position of Pancasila as the source of all laws and a basic state norm reflected in every legal product in Indonesia through the use of normative juridical research and conceptual approaches. The results showed the philosophical understanding of Pancasila as the origin of all legal elements means it is conceptualized as a law-forming institution in the search and justification dimensions. This was associated with its inherent values serving as the foundation for constitutive and regulative elements in the Indonesian legal system.

Community Empowerment as The Corporate's Social Responsibility: Case Study of PT. Tirta Investama Plant Solok, Indonesia

This study aims to investigate the involvement and implementation of the Corporate Social Responsibility (CSR) of PT. Tirta Investama Solok Aqua Plant Factory in community empowerment in Solok Regency. The company not only prioritizes the company's financial condition (single bottom line) but also pays attention to the concept of sustainable development and is beneficial for community empowerment, namely the social principles, environmental, and ethical principles (triple bottom line). The approach used in this research is qualitative, with primary data obtained from interviews, observations, and field studies. The data obtained are then analyzed with relevant laws, theories, and expert opinions, while secondary data are obtained from various literature, laws, and regulations. The results showed that in 2014, the implementation of social responsibility at PT. Tirta Investama Danone Aqua is carried out by a non-governmental organization (NGO) of the Indonesian Family Planning Association (PKBI) of West Sumatra Province and the Field Indonesia Foundation. Social responsibility is implemented through social mapping programs, the creation of clean water and sanitation facilities. In the economic field, the activities carried out, namely the school program (sekolah lapangan alpukat), while in the environmental field, PT. Tirta Investama Danone Aqua built the Biodiversity Park (KEHATI) and the Community-Based Total Sanitation Program. Secondly, CSR involvement of PT. Tirta Investama in Community Empowerment is through the Community Based Total Sanitation Program (STBM).

Special and Differential Treatment Concept After Buenos Aires Conference and Its Impact for Small Scale Fisheries in Indonesia

The WTO Conference held in Hong Kong in 2005 agreed that subsidies must be immediately abolished by each WTO member country. But the decision was not approved by many countries, especially developing countries and less developed countries, so the concept of Special and Differential Treatment appears. The purpose of this paper is to analyze the extent of this idea's impact on the small-scale fisheries in Indonesia after the Buenos Aires Conference. a normative juridical research method is used by authors that examining library materials and other secondary materials. The author uses the data collection method by the literature study. Documents in the form of primary legal materials, secondary legal materials, and non-legal materials are used in this paper. At the Ministerial Meeting in Buenos Aires in 2017 Special and Differential Treatment Concept was discussed. The result of this study found that regarding of conclusion in the 11th Ministerial Conference in Buenos Aires, Indonesia has a chance to protect their small-scale fisheries interest to continue to provide subsidies in the field of fisheries. However, Indonesia still has a lot of work to be done to develop disciplines of fisheries subsidies within the framework of cooperation at the WTO and prevent the misuse of subsidies provided.

The Theory of Positivism and the Judges’ Social Jurisprudence in Indonesia

Positivism is a branch of philosophy, which is a source of knowledge on positive law which is based on the Constitution applied. The positive law is made by the law-making institution. The laws which have been determined and issued must be complied with by all citizens. It is enforced and it comes with strict sanctions. Judges have a big role in enforcing the aims of the law, which are certainty and justice. Apart from holding on to the formal law (the positive law), the judges also have the capability to see the condition in the field empirically and adjust to it flexibly. Thus, judges may have more flexibility in deciding upon a case and in examining the real data to uphold justice. Such decisions may be followed by other judges, which is called jurisprudence