THE INTERNET, CIVIC ENGAGEMENT, AND NEW CIVIL SOCIETY IN INDONESIA: A LESSON FROM TWO TALES

This article discusses two legal cases happened in 2009: the cases of Prita Mulyasari and Bibit-Chandra. These cases are interesting as they involved the use of Internet as a medium for an effective civic engagement in controlling law enforcement. The response of the Indonesian public to the cases of Prita and Bibit-Chandra and their success stories in controlling the authorities indicate a significant existence of the so-called an “online parliament”, which signed an emergence of a new civil society movement in the modern Indonesia. This online parliament is much more inexpensive and independent than the conventional parliament. However, it might only work for political issues that attract much public attention and might be only accessible for those who have the access to the Internet.

LEGAL PROTECTION ON APARTMENT UNIT PURCHASER IN RELATED TO THE OWNERSHIP

The sale and purchase's binding agreement is often becomes a temporary hold for buyer of apartment units over the years. In every sale and purchase's binding agreement always made by developer only, beside that sale and purchase's binding agreement had a standard character and not detail, because there are still many things to be done in the process of splitting certificate. But this is becoming a sudden concern for developers, how if something wrong happens with the developer. every buyer has no proof of ownership yet. It is a dangerous thing for buyer. Proof of ownership to buyers is sale and purchase’s agrrement who made by Pejabat Pembuat Akta Tanah in Indoensia. Research conducted using normative juridical research, which faces legal issues with the process of discovering legal rules, legal principles, and legal doctrines relating to the issue of law. In this study used deductive method that begins from the things that are common then applied to the formulation of the problem and can produce answers that are specific and legitimate. Based on the results of research, from the various rules of law, doctrine, In Indonesia regulates the legal provisions for buyers where buyers can apply for legal remedies through courts of law in Indonesia. The regulation which regulated are Undang-Undang Nomor 8 Tahun 1999 tentang Perlindungan Konsumen dan Undang-Undang Nomor 20 Tahun 2011 tentang Rumah Susun.

THE JURIDICAL REVIEW OF FREELANCE WORKERS BASED ON THE PRINCIPLES OF JUSTICE

This research aimed to investigate and obtain a clear picture about the status and the legal relationship of the freelance workers and the implementation of the manpower act to protect the freelance workers based on the justice principles. To expect that this research would be benefit for the readers in providing inputs or information about the status and the legal relationship with the freelance workers and the implementation of the manpower act to protect the freelance workers. The research used the normative empirical approach. The research population comprised the freelance workers, employers, and the data from the Department of Manpower and from the Social Security Administration Agency For Manpower in Makassar City. The samples were chosen using the Snowball Sampling Method and the descriptive analysis technique. The research results indicated that there had been many legal smuggling actions done by the enterpreneurs in their working relationship due to the absence of the clear regulations about the freelance workers. The enterpreneurs had not entirely fulfilled their responsibilities to the freelance workers, such as the wages of the workers had not been in accordance with MSEs, BPJS, Employment, Occupational Safety and Health. On the other hand, the freelance workers themselves were not yet aware of their rights and obligations because of the absence of the clear legal relationship set forth in the employment agreement and the lack of knowlegde. In fact, the employers should have implemented the provisions of the Employment Law which had been applied in accordance with the moral and legal responsibility.

ENVIRONMENTAL PROTECTION IN ARMED CONFLICT ACCORDING TO INTERNATIONAL HUMANITARIAN LAW

The environment is a victim of various armed conflicts that occur in some parts of the world. Such as Congo war in 1998 that create environmental damage like deployment of the HIV-AIDS virus, the extinction of national parks, wildlife poaching and the forest burning. In addition the Rwanda civil war in 1994 affected the loss of biodiversity, natural resources and population decline in rare animals such as the African Gorillas. While the former Yugoslavia war in 1991 that impact in environmental pollution of water, air and land that threaten human survival.The environment becomes a victim when the war was happend its caused the human, but on the other side, the environment can’t be separated from human life because somehow humans need the environment to. However, when the war was happend human can’t maintaining the environment even though there have been rules that regulate about the protection of the environment when the war takes place. Therefore, its necessary to analysed an environmental protection in armed conflict according to international humanitarian law.This research is discusses about how an environmental protection in armed conflict according to international humanitarian law, which aims to explain the regulations that apply to protect the environment at the armed conflict. This research uses normative law approach (literature research).The results of this study show that environmental protection in armed conflict is regulated in the conventions of international humanitarian law both from the Hague Law and the Geneva Law. In The Hague law the environmental protection is governed by the IV Hague Convention 1907of respecting the laws and customs of war and land Art 23 (g) and Art 55. In the Geneva Law an environmental protection is contained in the IV Geneva Convention 1949 Art 53 and Additional Protocol I in 1977 Art 35 (3), 54, 55, 56, 59, and Art 68. Basically both of Geneva and Hague Law against the use of weapons during the war that have an effected in environmental damage and the existence of precautions in the war on environmental protection life. Beside the Geneva and the Hague Law there are have other arrangements to protect the environment in the event of a war that is in ENMOD Convention Art 1 and 2.

CONTROLLING THE IMPLEMENTATION PRUDENTIAL PRINCIPLES IN BANKING LANDING BY FINANCIAL SERVICES AUTHORITY

Sources of collection of banking funds collected from the community are then distributed to the community in the form of credit. If the amount of funds disbursed by the bank to the community through credit are not refundable in accordance with the term has been agreed, the credit quality can be classified as non-performing loans or often referred to as Non Performing Loan (NPL). The impact of high NPL levels is disrupted by the liquidity of each banking institution.Research Objectives are: (1) To analyze the supervision of the application of prudential principles in the provision of bank credit conducted by the Financial Services Authority under the Act Number 21 of 2011 on the Financial Services Authority. (2) To analyze the inhibiting factors in supervising the application of prudential principles in the provision of bank credit by the Financial Services Authority. Furthermore, this research uses research method with normative juridical approach, that is by collecting secondary data that is literature materials, as a technique to get information through tracing legislation and other regulations in accordance with research problems and then the data is analyzed by qualitative juridical .The results of the research show that (1) Supervision of prudential principles in the provision of bank credit conducted by the Financial Services Authority under the Act Number 21 of 2011 concerning Financial Services Authority shall be conducted by Compliance Based Supervision (CBS), that is Compliance Monitoring banks against provisions relating to the operation and management of banks in the past in order to ensure that the bank has been operating and managed properly and properly according to prudential principles. In addition, Risk Based Supervision (RBS) is implemented, ie supervision using risk-based strategies and methodologies that enable bank supervisors to detect significant risks early and take appropriate and timely monitoring actions. (2) Inhibiting factors in supervising the application of prudential principles in the provision of bank credit conducted by the Financial Services Authority is one of the most important that customers often in providing data to the Bank inaccurate and the existence of the prospective customer's delay in completing the file submission of credit. Keywords: Supervision, Financial Services Authority, Prudential Banking Principles, Credit

REVIEW OF IMPLEMENTATION OF GOVERNMENT AUTHORITIES IN POLICY-MAKING IN THE "RELIGIOUS AFFAIRS"

Government absolute authorities in the religion affairs is the authority of the central government. In the dynamic development of political, many district that produce regional policy with respect to religion or to follow religious aspirations of local people. Some districts in Riau Province, a county division during the reform, including the district are very concerned about the development in the field of religion. In addition to physical development, the county authority also extend its authority in the religion affairs. Regional policy is embodied in the form of local laws, regulations regent, or Medium Term Development Plan (Plan) Government District in Riau Province. This is possible because there are no clear boundaries of understanding in the rule of religion affairs formulated by the law on local government. The central government, based on this study, it gives tacit consent when local governments do just that, because the rate it is going to add a lot of partners in the central government district. There is no struggle for power between central government and local governments, but the expansion of the district authority in religious issues involved in managing the government's response is a manifestation of the district in the religious aspirations of the people of the area

LEGAL FRAMEWORK IN THE FULFILMENT OF RIGHT TO EDUCATION AS CONSTITUTIONAL RIGHT OF CITIZENS IN BORDER AREA OF NUNUKAN-NORTH KALIMANTAN PROVINCE (Comparison Study and Legal Framework of Right to Education of Citizens in Border Area of Indonesia-Sabah, Malaysia)

The issues was found based on research results in the first year of the model of the fulfillment of the right to education as a constitutional right of citizens in the Nunukan-North Kalimantan Province. The research addresses the policies and models of the fulfillment of the right to education there are still various weaknesses, especially related to the implementation of policies has been contained in the Local Regulations, even worsened by the neglect of border area management principles based on the fulfillment of the right to education that will break the poverty chain, and will strengthen the orientation of border area management based on the welfare of the people. This is of course very interesting when compared to Malaysia's neighboring state Sabah in the fulfillment of the right to education concerning the availability, affordability, acceptance, and conformity of education.The main issues be discussed in this study are how is comparative policies and how os comparison of the framework in the fulfillment of the right to education as a constitutional right of citizens in the border region of Nunukan Indonesia and Sabah Malaysia.this research is a comparative law study so that it will provide a new policy model of border area management based on the fulfillment of the right to education.The results of this study conclude that the Malaysian government's policy of opening and developing the port of Tawau at the end of the 19th century and the port of Tawau is the third major destination in Sabah after Kota Kinabalu and Sandakan as evidence that the management of its border areas using the prosperity approach has brought prosperity to Malaysian citizen who is on the border of his country and this is directly proportional to the strengthening of human resources through the Infrastructure and quality of education of his country. The results of the Model comparison indicate that there are significant differences in the fulfillment of the right to education as a constitutional right of citizens in the border regions of Nunukan Indonesia and Sabah Malaysia in terms of the conditions of educational infrastructure and access to education information. Affordability of school locations and systems that facilitate the process towards educational facilities.Availability of quality education standards for citizens and the availability of adequate teachers at every level of education.The aim of this research is not only for the development of science, especially the knowledge of Indonesian border region, but also contributes as a reference for the government related to the policy of border area management in Indonesia, particularly the reference for Local Govenrmment of Nunukan.

THE LEGAL PROTECTION FOR REAL LAND RIGHT HOLDER IN CASE OF FORGED RINCIK

The legal Protection For Real Land Right Holder in Case of Forged Rincik. The research aimed to investigate (1) the legal protection for the land owner whose possession was based on rincik evidence, and (2) the legal protection on the good-will buyer based on the forged rincik document used in the land sale transaction. This was the normative legal research, also called the library research or documentary study because the research was only conducted on the written regulations or other legal materials or secondary data consisting of the primary and secondary legal materials. The interview was performed to strengthen the theories and opinions in the research. The research also used the Secondary data. the data were analysed and presented using the qualitative descriptive method. The research result indicate that: (1) the real land owner with rincik possession issued after the year 1960 based on the decision of Indonesian Supreme Court No. 560K / PID / 2008 has not been fully protected due to the fact that the seller is funished for forging the rincik., returning the right to the land owner can not be carried out due to the decision of Indonesian Supreme Court Number. 482 / PK / Pdt / 2014 which make the buyer win, while the real land owner is the directed to sue the land seller to give the compensation: and (2) the legal protection on the good faith buyer based on forget rincik in the land sale transaction has been fully protected and has the ringt to possess the land based on the decision of Indonesian Supreme Court Number. 482/PK/Pdt/2014 because the buyer has bought the land in the presence of Temporary Land Title Registar.

THE LAWFUL CONSEQUENCES OF BIRTH CERTIFICATE ON CHILDREN ABROGATION

Research due to the law on the abrogation of birth certificates against children aims to know the effect of law affecting the child, as well as review of the determination and judgment in court that play a role in the birth certificate abrogation. This research describes the importance of birth certificate because of the low public awareness to perform birth registration. The study uses normative juridical research, which faces legal issues with the process of discovering legal rules, principles, and legal doctrines, with deductive methods, starting from the general thing and then generating specific and legitimate answers. Based on the results of the study, that the abrogation of birth certificate brings great lawful consequences for the child, especially the status and position of the child, as well as the right of alimentation, which in this study included some examples of determination and court decision about the birth certificate abrogation.

STATE’S AUTHORITY RIGHTS OVER LAND IN INDONESIA

The basic principle mentioned about the right over land by state is very basic according Article 33 Paragraph (3) of the 1945 Constitution which states "" earth and air and natural resources contained within it controlled by the state and used for the stock of people's prosperity." This research is intended to seek and understand whether the meaning of rights by the state can be interpreted also as the right of the state (eigenaar) to the land in Indonesia. This research uses research methods with the approach of legislation and conceptual road. Based materials from books law and research journals are the main legal ingredients. The results show that state copyright is interpreted as a state authority, judicial, air and space rules and regulations.