Jurnal Daulat Hukum最新文献_第2页

The Politics History of the Entry of Large Flows of Immigrants Originating from Islamic Countries to the Netherlands 来自伊斯兰国家的大批移民进入荷兰的政治史

Jurnal Daulat Hukum Pub Date : 2023-06-16 DOI: 10.30659/jdh.v6i2.31183

Bethoven Haunt

引用次数: 0

The Administrative Authority of Belgian Law in the Europe Modern Political’s Perspective 欧洲现代政治视野中的比利时法律行政权威

Jurnal Daulat Hukum Pub Date : 2023-06-16 DOI: 10.30659/jdh.v6i2.31184

Albus Samuel Macxel

{"title":"The Administrative Authority of Belgian Law in the Europe Modern Political’s Perspective","authors":"Albus Samuel Macxel","doi":"10.30659/jdh.v6i2.31184","DOIUrl":"https://doi.org/10.30659/jdh.v6i2.31184","url":null,"abstract":"This research aims to know that since 1831, the Belgian Constitution allows courts to not apply unlawful administrative acts. This power, established as an obligation by the Supreme Court of Appeal, is called “plea of illegality”, and is guaranteed by Article 159 of the Constitution, which states that “the courts and tribunals shall not apply the provincial and local decrees and general regulations, until they comply with the laws. This research used library/literature research technic. The administrative high court also has the jurisdiction to issue non-binding opinions on the preliminary drafts of regulatory orders of the various federal State governments (federal, regional and community governments). This ex ante review, also carried out with regard to the preliminary drafts of legislative texts, is carried out by the legislative section of the Council of State. In 1991, the Council of State was vested with additional powers as litigants could apply, in summary and interim proceedings, for suspension of the execution of administrative acts, firstly in case of risk of serious irreparable harm, and since 2014, in case of emergency. The result show that last constitutional revision of 2014 tempered the monopoly of the judicial courts in litigation involving civil rights, with the Constitution stipulating that the Council of State has the jurisdiction to rule on the civil effects of its annulment judgments (Const. Art. 144 (2)). It can henceforth award a “restorative allowance” to any litigant who has suffered the effects of the annulled administrative act (consolidated acts on the Council of State, Article 11 bis). It may also indicate the measures to be taken to remedy the illegality sanctioned by its annulment judgments and, if the annulment implies that the authority takes a new decision, it may prescribe a time limit for doing so (consolidated acts, Art 35/1 and 36, 1st).","PeriodicalId":118542,"journal":{"name":"Jurnal Daulat Hukum","volume":"213 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132274272","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Concept of Lesbian, Gay, Bisexual and Transgender (LGBT) is seen from the Legal Norms of Indian Society 女同性恋、男同性恋、双性恋和变性人(LGBT)的概念是从印度社会的法律规范来看的

Jurnal Daulat Hukum Pub Date : 2023-05-25 DOI: 10.30659/jdh.v6i1.31181

Hasby Matlul Samaha

{"title":"The Concept of Lesbian, Gay, Bisexual and Transgender (LGBT) is seen from the Legal Norms of Indian Society","authors":"Hasby Matlul Samaha","doi":"10.30659/jdh.v6i1.31181","DOIUrl":"https://doi.org/10.30659/jdh.v6i1.31181","url":null,"abstract":"This research is to find out that most homosexuals (Lesbian, Gay and transgender) begin to realize that they have different tendencies at a young age. Studies show that homosexual behavior and same-sex attraction are common from the age of 15, the prevalence is in men, in America 20.8%, UK 16.3%, and America 18.5%. While in the women's group respectively 17.8%, 18.6%, and 18.5%. This situation shows that the school age group is a vulnerable age to start engaging in same-sex relationships. This study uses cross-sectional (cross-sectional) with a qualitative approach. Data was collected using in-depth interviews, focus group discussions and literature review. While the decision to become homosexual mostly occurs at the age of young adults or at the age when most of them are students. Becoming LGBT is not an easy endeavor and even afterwards it is not without problems, many problems and risks arise when young adolescents start to engage in same-sex relationships, for young men the lack of knowledge about the risks of sexual relations can cause them to be easily exposed to HIV and sexual harassment from those with more experience . Ignorance of their state of self can also lead to social turmoil and depression. For young men, the lack of knowledge about the risks of having sex can make them more susceptible to HIV exposure and sexual harassment from those with more experience. Ignorance of their state of self can also lead to social turmoil and depression. For young men, the lack of knowledge about the risks of having sex can make them more susceptible to HIV exposure and sexual harassment from those with more experience. Ignorance of their state of self can also lead to social turmoil and depression.","PeriodicalId":118542,"journal":{"name":"Jurnal Daulat Hukum","volume":"157 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116230840","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Dutch Indies Colonial Government System In Onderafdeling Bonthain 1905-1942 荷属印度殖民地政府制度在荷兰邦塞恩的1905-1942

Jurnal Daulat Hukum Pub Date : 2023-03-25 DOI: 10.30659/jdh.v6i1.31180

Mesoute Grampell

{"title":"The Dutch Indies Colonial Government System In Onderafdeling Bonthain 1905-1942","authors":"Mesoute Grampell","doi":"10.30659/jdh.v6i1.31180","DOIUrl":"https://doi.org/10.30659/jdh.v6i1.31180","url":null,"abstract":"This study aims to determine (i) the transition process from the traditional government system to the colonial government system. (ii) the colonial government administration system, (iii) the influence of the colonial government system on politics and economic activity in Onder Afdeling Bonthain 1905-1942. This study uses a qualitative approach that focuses on historical methods, through the stages of: heuristics, criticism, interpretation, and historiography to find and describe and interpret using data collection techniques through literature and archival reviews. The results of this study indicate that (i) there has been a transition from the traditional government system where the basics of implementing traditional government/kakaraengang are based on customs and royal law. Besides that, With the arrival of the Dutch Colonial, Ada' Sampulo Ruwa officially became Adatregentschapraad as a financial management institution for the local government. (ii) the administrative system developed by the colonial government was fully aimed at supporting the growing paternalistic pattern which had inspired the bureaucratic system in the empire era which was based on the 1922 decentralization law. (iii) the influence of the colonial government system on politics and economic activity in Onderafdeling Bonthain resulted in a process of structural transformation from traditional political and economic structures towards colonial and modern political and economic structures.","PeriodicalId":118542,"journal":{"name":"Jurnal Daulat Hukum","volume":"118 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133458452","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Policy of Visa-Free Visit Arrangements in Indonesia for International Visitor 印尼对国际游客的免签证访问安排政策

Jurnal Daulat Hukum Pub Date : 2023-03-09 DOI: 10.30659/jdh.v6i1.29783

Nur Fatehi, Ade Riusma Ariyana, Devina Arifani

{"title":"The Policy of Visa-Free Visit Arrangements in Indonesia for International Visitor","authors":"Nur Fatehi, Ade Riusma Ariyana, Devina Arifani","doi":"10.30659/jdh.v6i1.29783","DOIUrl":"https://doi.org/10.30659/jdh.v6i1.29783","url":null,"abstract":"This article is entitled \"Setting Visa-Free Policy in the Order of Increasing Visits of International Tourists to Indonesia\", which aims to examine the arrangements for visiting visa-free policies in order to increase foreign tourist visits to Indonesia and find out the sanctions that can be imposed on recipients of visa-free visits who violate and misuse of a visit stay permit. In order to improve relations between the Republic of Indonesia and other countries, it is necessary to provide convenience for foreign nationals to enter the territory of the Republic of Indonesia which is carried out in the form of exemption from the obligation to have a visit visa with due observance of the principle of reciprocity and the principle of benefit. The Government of Indonesia issued Presidential Regulation Number 21 of 2016 concerning Free Visit Visas. This regulation was made in order to provide benefits to improve the economy in general and increase the number of foreign tourist visits in particular. The research method used in this study is a normative legal research method through a statutory approach. The discussion is directed at the implications of applying the visa-free policy from an employment perspective and how the government will handle it. The visit visa-free policy is regulated in Presidential Regulation Number 21 of 2016 concerning Visit Visa-free and Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number 17 of 2016.","PeriodicalId":118542,"journal":{"name":"Jurnal Daulat Hukum","volume":"88 3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130899026","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Efforts of the Royal Thai Domestic Bureaucracy in an Effort to Protest against the Haze/Smog from Indonesia 泰国皇家国内官僚机构抗议印尼雾霾的努力

Jurnal Daulat Hukum Pub Date : 2023-03-09 DOI: 10.30659/jdh.v6i1.29782

Thaan Neet Bunprakop, O. A. Victoria, Firdo Lingga

{"title":"The Efforts of the Royal Thai Domestic Bureaucracy in an Effort to Protest against the Haze/Smog from Indonesia","authors":"Thaan Neet Bunprakop, O. A. Victoria, Firdo Lingga","doi":"10.30659/jdh.v6i1.29782","DOIUrl":"https://doi.org/10.30659/jdh.v6i1.29782","url":null,"abstract":"This study aims to explain three determinant factors in influencing a country in making policies, especially the kingdom of Thailand. The three determinants of the considerations above have an interconnected role in influencing every consideration of policy makers to make decisions. Where in the domestic context, which consists of domestic politics, economic and military forces play a role together with the international context in shaping the direction of foreign policy. So that these three considerations do not stand separately because they influence each other in the policy-making process. The existence of deforestation and fires in Indonesia has caused significant problems. Because deforestation and forest fires are directly transboundary haze which makes Indonesia a smoke haze contributing country in the Southeast Asian region. Therefore, in relation to forest fires in Indonesia which have become an environmental issue, the Indonesian government also has a responsibility towards cross-border air pollution. Where in terms of international law, state responsibility is an obligation that must be carried out by a country to other countries. So that the Indonesian government in this case has responsibility for cross-border air pollution that occurs in Southeast Asia. The Indonesian government has also ratified ASEAN Agreement on Transboundary haze pollution (AATHP). Therefore, the Indonesian government is trying to solve this problem in a sustainable manner.","PeriodicalId":118542,"journal":{"name":"Jurnal Daulat Hukum","volume":" 35","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132158391","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Notary's Responsibility for Covernote Issuance as the Basis for the Bank's Trust in the Credit Agreement 公证员出具附注的责任，作为银行在信用证协议中信任的基础

Jurnal Daulat Hukum Pub Date : 2023-02-28 DOI: 10.30659/jdh.v6i1.27157

Fa'idh Duhat, Ro’fah Setyowati

引用次数: 0

The Implications of Intellectual Property as Objects of Fiduciary Guarantee for Creative Economy Entrepreneurs 知识产权作为信义保障对象对创意经济企业家的启示

Jurnal Daulat Hukum Pub Date : 2023-02-15 DOI: 10.30659/jdh.v6i1.27150

Rina Talisa, S. Badriyah

{"title":"The Implications of Intellectual Property as Objects of Fiduciary Guarantee for Creative Economy Entrepreneurs","authors":"Rina Talisa, S. Badriyah","doi":"10.30659/jdh.v6i1.27150","DOIUrl":"https://doi.org/10.30659/jdh.v6i1.27150","url":null,"abstract":"Intellectual Property (IP) as objects of fiduciary security has not been implemented optimally in financing institutions in practice. In banking practices, the use of IP will cause problems when defaults occur or many debtors are unable to meet the legal obligation of debt repayment. The legal problems that occur related to intellectual property issues as fiduciary security are an obstacle and challenge that the government needs to fix in strengthening the rules that form the basis of intellectual property as an object of fiduciary security, especially for creative economy actors. This study aims to analyze the legal standing of IP as objects of fiduciary security in financing institutions and to analyze the application of IP to the banking sector to creative economic actors in obtaining credit. The research method that is used in this research is a normative juridical method. The research shows that the regulation regarding IP as fiduciary security is regulated by Article 16 (3) of Act No. 28 of 2014 on Copyright and Article 108 (3) of Act No. 13 of 2016 on Patents. A copyright must be registered first at the Directorate General of Intellectual Property if it is to be used as a fiduciary security because without registration there will be no fiduciary security. With the existence of IP as a fiduciary security, banking institutions with the government need to make improvements and policy breakthroughs to the laws and regulations that are adjusted to the implementing regulations related to the implementation of the imposition of IP objects as fiduciary security.","PeriodicalId":118542,"journal":{"name":"Jurnal Daulat Hukum","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129647529","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Policy on the Granting of Permits for Change of Land Use (IPPT) in the Context of Transfer of Use of Agricultural Land to Equitable Residential Houses 在农地转让为公平住宅的情况下，土地用途变更许可证的签发政策

Jurnal Daulat Hukum Pub Date : 2022-10-17 DOI: 10.30659/jdh.v5i3.20870

Wahyu Murni Setyoningsih, A. Silviana

引用次数: 0

The Legal History Analysis of Filling the Position of Asymmetric Regional Head in the Special Region of Yogyakarta 日惹特区非对称区长补任的法制史分析

Jurnal Daulat Hukum Pub Date : 2022-10-17 DOI: 10.30659/jdh.v5i3.24289

Triwahyuningsih Triwahyuningsih

{"title":"The Legal History Analysis of Filling the Position of Asymmetric Regional Head in the Special Region of Yogyakarta","authors":"Triwahyuningsih Triwahyuningsih","doi":"10.30659/jdh.v5i3.24289","DOIUrl":"https://doi.org/10.30659/jdh.v5i3.24289","url":null,"abstract":"This study aims to describe aspects of the legal history of filling the position of asymmetric Regional Head in the Special Region of Yogyakarta. This research is a normative legal research with a statute approach using primary and secondary legal materials and analyzed qualitatively descriptively. The results of the study indicate that the study of legal history shows that filling the position of Governor of DIY through a (asymmetric) determination does not conflict with Article 18 paragraph (4) of the 1945 Constitution and Article 18 B paragraph (1). The filling of the positions of Governor and Deputy Governor can be traced in various regional government laws that have been in force in Indonesia. In Act No. 22 of 1948 concerning the Principles of Regional Government: Article 18 paragraph (5) and (6) states: \"Heads of special regions are appointed by the President from the descendants of families who ruled in the area before the Republic of Indonesia and who still control the area, with the conditions of skill, honesty and loyalty and keeping in mind the customs of that area. Act No. 1 of 1957, Act No. 18 of 1965, the Basic Law on Regional Government has changed due to adapting to the latest political developments, but with regard to filling the positions of Governor and Deputy Governor of DIY, it remains through appointment and is not bound by time (for life). During the New Order, Act No. 5 of 1974. Finally, based on Act No. 13 of 2012 concerning the Privileges of the Special Region of Yogyakarta Article 24, DPRD DIY stipulates Sultan Hamengku Buwono who reigns as Governor.","PeriodicalId":118542,"journal":{"name":"Jurnal Daulat Hukum","volume":"47 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122525111","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0