Fiat Justisia: Jurnal Ilmu Hukum最新文献_第6页

Observations on the Protection of Refugees in Indonesia 关于在印度尼西亚保护难民的意见

Fiat Justisia: Jurnal Ilmu Hukum Pub Date : 2021-06-30 DOI: 10.25041/fiatjustisia.v15no4.2143

Fithriatus Shalihah, Muhammad Nur

引用次数: 1

The Agreement of Bank Cooperation with Agent in Providing Branchless Banking with The Realization of Inclusive Finance 银行与代理商合作提供无网点银行实现普惠金融的协议

Fiat Justisia: Jurnal Ilmu Hukum Pub Date : 2021-06-30 DOI: 10.25041/fiatjustisia.v15no4.2269

Etty Mulyati

{"title":"The Agreement of Bank Cooperation with Agent in Providing Branchless Banking with The Realization of Inclusive Finance","authors":"Etty Mulyati","doi":"10.25041/fiatjustisia.v15no4.2269","DOIUrl":"https://doi.org/10.25041/fiatjustisia.v15no4.2269","url":null,"abstract":"Expanding access to financial services is essential for all levels of society, considering that many community members still do not know, use, and get banking services and other financial services. Through Branchless Banking, banking products can be reached according to the community's needs to support financial inclusion. In implementing innovative banking practices, the banking industry collaborates with other parties, namely agents supported by information technology facilities. This innovation is carried out electronically and involves third parties outside the bank. In this case, the agent is very vulnerable to risk. The problem is the principle of prudence in the cooperation agreement and the bank's responsibility if the agent in implementing Branchless Banking services harms its customers. The approach method used is the normative juridical approach, which includes research on a positive legal inventory and legal principles and rules governing legal relations. The principle in the prudence of banks regarding cooperation agreements with agents provide Branchless Banking services to support the realization of financial inclusion. Banks are required to implement risk management effectively using information technology, Know Your Customer Principles and Anti Money Laundering, Customer Due Diligence, and in-depth analysis of the assessment of credit applications by debtor customers. The bank is responsible for compensating for the losses if the agent implementing the intelligent behaviour of services harms his customers, considering the agent is acting for and on behalf of the bank. Even though the bank has not made a mistake, the agent is an extension of the bank, 1367 of the Civil Code that a person will also be responsible for people's actions under his/her dependents or objects under his/her supervision.","PeriodicalId":149215,"journal":{"name":"Fiat Justisia: Jurnal Ilmu Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132628387","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: 1

Implications of the Omnibus Law on Job Creation towards the Indonesian Forestry Sector 《创造就业综合法》对印度尼西亚林业部门的影响

Fiat Justisia: Jurnal Ilmu Hukum Pub Date : 2021-06-29 DOI: 10.25041/fiatjustisia.v15no3.2302

S. Sunarto, Maya Shafira, Mashuril Anwar

{"title":"Implications of the Omnibus Law on Job Creation towards the Indonesian Forestry Sector","authors":"S. Sunarto, Maya Shafira, Mashuril Anwar","doi":"10.25041/fiatjustisia.v15no3.2302","DOIUrl":"https://doi.org/10.25041/fiatjustisia.v15no3.2302","url":null,"abstract":"The research aims to analyze the positive and negative implications of the omnibus law on job creation on the development of the forestry sector. In writing, this article is normative juridical. Based on this method, this research is conducted by examining and analyzing theories, doctrines, and laws and regulations that are relevant to the issues discussed. Based on research results, the main points of amendments to regulations in the forestry sector include affirmation of forest areas, forest areas, changes in forest area designation and function, utilization of production forests and protected forests, business permits, non-tax state revenues in the forestry sector, utilization of forest areas outside forestry activities, the authority of the central and regional governments in forest protection, prohibiting activities that cause forest destruction, and imposing sanctions and procedural law on criminal acts of forest destruction. These changes have implications for forest protection in Indonesia, including increasing forest area conversion, limiting community participation in forest management plans, and weakening sanctions (eliminating absolute responsibility). Therefore, in policy formulation, it is necessary to pay attention to forest protection to harmonize human and environmental interests. Based on the results of the research, it is therefore recommended that the government be firm and concrete in regulating forest protection efforts in future implementing regulations.","PeriodicalId":149215,"journal":{"name":"Fiat Justisia: Jurnal Ilmu Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129975216","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

Tort Claim under the Ship Time Charter: The Perspective of Indonesian Law 船舶定期租船侵权索赔:印尼法视角

Fiat Justisia: Jurnal Ilmu Hukum Pub Date : 2021-06-29 DOI: 10.25041/fiatjustisia.v15no3.2089

Kartika Paramita

{"title":"Tort Claim under the Ship Time Charter: The Perspective of Indonesian Law","authors":"Kartika Paramita","doi":"10.25041/fiatjustisia.v15no3.2089","DOIUrl":"https://doi.org/10.25041/fiatjustisia.v15no3.2089","url":null,"abstract":"During a cargo carriage by sea under the time charter scheme, there can be a situation where the Ship-owner of the vessel does not have a contractual relationship with the cargo owner. This situation could happen when the charterer becomes the contractual carrier under the bill of lading instead of the Ship-owner. In that given scenario, if cargo damage occurs, the cargo owner can submit a tort claim against the Ship-owner. Indonesia never ratifies an international convention in the field of carriage of goods by sea. Suppose the given scenario happens without the incorporation of the Charter party or the provision of any international convention into the bill of lading, a tort claim will become a choice for the cargo owner to ask the Ship-owner's liability. It is the purpose of this article to analyze how Indonesian laws will examine a tort claim and how the Ship-owner will construe his defense in the field of carriage of goods by sea. The writing finds that Indonesia Commercial Code provides a legal basis for a cargo owner's tort claim against the Ship-owner. However, it needs further discussion to set the relationship status among the Ship-owner, the time-charterer/contractual carrier, and the cargo owner under Indonesian laws and regulations.","PeriodicalId":149215,"journal":{"name":"Fiat Justisia: Jurnal Ilmu Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131416500","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: 1

Social Reality as Legal Authenticity (Criticism of Bad Positive Laws in Legislation) 作为法律真实性的社会现实(对立法中不良实在法的批判)

Fiat Justisia: Jurnal Ilmu Hukum Pub Date : 2021-06-29 DOI: 10.25041/fiatjustisia.v15no3.2194

Y. Prasetyo

{"title":"Social Reality as Legal Authenticity (Criticism of Bad Positive Laws in Legislation)","authors":"Y. Prasetyo","doi":"10.25041/fiatjustisia.v15no3.2194","DOIUrl":"https://doi.org/10.25041/fiatjustisia.v15no3.2194","url":null,"abstract":"This study aims to explain social reality as the authenticity of Indonesian law and criticism of legal positivism in the legislation. This study using a literature study research method with a legal philosophy approach. Data obtained from the results of literature studies on several scientific works related to the theme of the problem. Data analysis was performed using descriptive, evaluative methods. The results of the research show that there is an incorrect understanding of the law in society. This is because the legal system used in Indonesia still refers to the legacy of the Dutch colonialists. Law is only understood as mere legislation. Apart from that, it is not considered law, such as social realities in people's lives. Laws must be written and issued by state institutions, not norms that arise from social life in society. The law's impact is dry from the social values of society so that the law is far from the sense of justice that is expected by the community. This study is expected to provide benefits to uphold the authentic Indonesian legal sovereignty that originates from the social realities of society. So that Indonesia is free from the bad influence of the legacy of the Dutch colonial legal system because the social reality of society is the original form of Indonesian law.","PeriodicalId":149215,"journal":{"name":"Fiat Justisia: Jurnal Ilmu Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116944021","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

Satellite Image Data as Environmental Crime Evidence in the Field of Illegal Logging 卫星图像数据在非法采伐领域的环境犯罪证据研究

Fiat Justisia: Jurnal Ilmu Hukum Pub Date : 2021-06-29 DOI: 10.25041/fiatjustisia.v15no3.2166

M. Mahfud, Lena Farsia, N. Roesa, S. Safrina

{"title":"Satellite Image Data as Environmental Crime Evidence in the Field of Illegal Logging","authors":"M. Mahfud, Lena Farsia, N. Roesa, S. Safrina","doi":"10.25041/fiatjustisia.v15no3.2166","DOIUrl":"https://doi.org/10.25041/fiatjustisia.v15no3.2166","url":null,"abstract":"Indonesia's forest degradation which is triggered by decades of uncontrolled deforestation has caused massive tropical forest depletion. The same situation also happened to Aceh's forest whose forest areas have been shrinking from year to year. Indication of the increase in illegal logging is both in Indonesia and especially in Aceh as if showing an indication and an academic conclusion that there is a crucial problem. Therefore, there is a need for a mechanism to create an effective legal role to at least reduce illegal logging that is increasingly prevalent in Indonesia's forests. One of the mechanisms is by using a remote sensing technology approach to monitor the occurrence of illegal logging or other criminal acts in the forest which are considered to be the cause of the loss of Aceh's forest in particular and Indonesia in general. This study aims to find out the use of remote sensing satellite technology to monitor illegal logging in Aceh and to identify the use of satellite imagery by law enforcement officials in Aceh to punish illegal logging offenders. The results showed that law enforcement officers used satellite imagery data on conditions before and after environmental damage in handling illegal logging. However, the data that emerged from LAPAN is rarely used by law enforcement officials to monitor the condition of national forests, especially those in their work areas. Lack of use of satellite data by law enforcement officials in the initial tracking to eradicate illegal logging due to their lack of initiative to prevent illegal logging, the physical condition of Leuser protected forest areas which are also close to residential areas, and external issues of areas that make wood from Aceh's forests are traded outside the region and even abroad, as well as the lack of qualifications of law enforcement officials who know the environmental issues.","PeriodicalId":149215,"journal":{"name":"Fiat Justisia: Jurnal Ilmu Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126338661","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 Role of Marine Security Agency (BAKAMLA) As Sea and Coast Guards in Indonesian Water Jurisdiction 海洋安全局(BAKAMLA)在印度尼西亚水域管辖权中作为海上和海岸警卫队的作用

Fiat Justisia: Jurnal Ilmu Hukum Pub Date : 2021-06-29 DOI: 10.25041/fiatjustisia.v15no3.2017

R. Kurniaty, H. Suryokumoro, S. Widagdo

{"title":"The Role of Marine Security Agency (BAKAMLA) As Sea and Coast Guards in Indonesian Water Jurisdiction","authors":"R. Kurniaty, H. Suryokumoro, S. Widagdo","doi":"10.25041/fiatjustisia.v15no3.2017","DOIUrl":"https://doi.org/10.25041/fiatjustisia.v15no3.2017","url":null,"abstract":"The Indonesian geographical condition as an archipelagic state with abundant natural resources has put maritime security into its central issue. Several challenges are facing Indonesia’s maritime coordination. National maritime agencies are still overlapping and duplicating based on various laws and regulations. As part of the Indonesian vision to be a ‘global maritime fulcrum,’ Indonesia’s government established the Marine Security Agency (BAKAMLA). BAKAMLA aims to shift the law enforcement paradigm from a multi-agency multi-task to a single-agency multi-task. The establishment of BAKAMLA is expected to create law enforcement’s effectiveness and efficiency in Indonesia’s water jurisdiction. This study is a type of normative juridical research using a statute approach and case study approach. This study reveals that the emerging of BAKAMLA, based on Law Number 32 of 2014 concerning Marine, grants broad authority to the maritime security agency. BAKAMLA has the power to direct instant pursue, dismiss, inspect, arrest, carry, and deliver the ship to the related authorized agency for further legal proceedings. BAKAMLA also has the authority to integrated security and safety information systems. The presence of BAKAMLA does not necessarily disregard or eliminate other institutions in the same task, but as a guard to stimulate to synergize further the security and safety of Indonesia’s territorial waters under a single command unit.","PeriodicalId":149215,"journal":{"name":"Fiat Justisia: Jurnal Ilmu Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122571153","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: 1

Separatist Creditors Problems on Postponement of Debt Payment Obligations Based on the Supreme Court’s Decree Number 30/KMA/SK/I/2020 基于最高法院第30/KMA/SK/I/2020号令的分裂债权人延期偿债问题

Fiat Justisia: Jurnal Ilmu Hukum Pub Date : 2021-06-29 DOI: 10.25041/fiatjustisia.v15no3.1956

Suwinto Johan

{"title":"Separatist Creditors Problems on Postponement of Debt Payment Obligations Based on the Supreme Court’s Decree Number 30/KMA/SK/I/2020","authors":"Suwinto Johan","doi":"10.25041/fiatjustisia.v15no3.1956","DOIUrl":"https://doi.org/10.25041/fiatjustisia.v15no3.1956","url":null,"abstract":"Debt Payment Obligation postponement is an effort for creditors and debtors to settle the debts with a more efficient process. The creditor of a company consists of concurrent and separatist creditors. Based on the Supreme Court Decree Number 30/KMA/SK/I/2020 Book I on the Guidelines for the Settlement of Requests for Bankrupt and Postponement of Debt Payment Obligation of the Supreme Court of the Republic of Indonesia, the creditors who can submit Postponement of Debt Payment Obligation (PKPU) are only concurrent creditors. The separatist creditors are not allowed to submit PKPU. This is different from the Bankruptcy and the Postponement of Debt Payment Law Number 37 of 2004. Based on Law Number 37 of 2004, Creditors who can submit Postponement of Debt Payment Obligation are creditors who estimate that the debtor cannot continue to pay debts that are due and can be billed, can request that the debtor be given a postponement of debt payment, to enable the debtor to submit a reconciliatory proposal which includes offering the payment of part or all of the debt to the creditor. However, based on the Supreme Court Decree, only the concurrent creditor can submit Debt Payment Obligation’s postponement. As a result of this Supreme Court Decree, the separatist creditors cannot apply for Debt Payment Obligation postponement. Separatist creditors can propose the postponement of debt payment obligations if the separatist creditor has turned into a concurrent creditor. Separatist creditors become concurrent creditors if the collateral provided value is insufficient for the company’s obligations so that the separatist creditors can propose to be part of the concurrent creditors. By becoming a concurrent creditor, the separatist creditors can submit to be part of the peace proposal and distribute the remaining company assets.","PeriodicalId":149215,"journal":{"name":"Fiat Justisia: Jurnal Ilmu Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126514075","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: 6

The Urgency of Legal Literacy for Indonesian Migrant Workers through Distance Education 通过远程教育提高印尼外来务工人员法律素养的紧迫性

Fiat Justisia: Jurnal Ilmu Hukum Pub Date : 2021-06-01 DOI: 10.25041/fiatjustisia.v15no4.2317

Eny Kusdarini, C. Puspitasari, S. K. Sakti, P. M. Wahyuni

{"title":"The Urgency of Legal Literacy for Indonesian Migrant Workers through Distance Education","authors":"Eny Kusdarini, C. Puspitasari, S. K. Sakti, P. M. Wahyuni","doi":"10.25041/fiatjustisia.v15no4.2317","DOIUrl":"https://doi.org/10.25041/fiatjustisia.v15no4.2317","url":null,"abstract":"Protection for migrant workers requires intervention throughout the migration cycle. Moreover, it raises awareness about safe migration before departure, ensuring effective migration policies and mechanisms, ensuring fair recruitment practices, decent working conditions in destination countries, and economic empowerment and reintegration to the home community for retired Indonesian Migrant Workers. However, illegal hiring practices can leave workers trapped in debt-bound situations to go abroad. Often workers are not appropriately trained and do not understand their rights, so they are easily exploited. So the problem arises in this study how to fulfil the legal protection of Indonesian migrant workers? And how can legal literacy improve the protection of Indonesian migrant workers? The study results show that Indonesian migrant workers need state intervention to protect the stage before work, during work, and after work but also need to equip themselves with qualified legal insight. The qualified legal insight will increase the capacity of Indonesian migrant workers and will enable them to face every problem they face. Legal literacy is an urgent matter to be \"familiarized\" with Indonesian migrant workers. Legal literacy will build awareness of Indonesian migrant workers in understanding various legal aspects, especially those related to the activities of Indonesian migrant workers. Distance education can be a way to improve the legal literacy of Indonesian migrant workers. ","PeriodicalId":149215,"journal":{"name":"Fiat Justisia: Jurnal Ilmu Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123541008","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: 3

Characteristics of Financial Technology as Financing Alternative Capitalization of Medium Small-Medium Enterprises (MSME) 金融科技作为中小微企业融资替代资本化的特征

Fiat Justisia: Jurnal Ilmu Hukum Pub Date : 2021-04-07 DOI: 10.25041/FIATJUSTISIA.V15NO2.1933

Dwi Tatak Subagiyo

引用次数: 3