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Eksistensi Hukum Internasional terhadap Hukum Nasional dalam Pembuatan Perjanjian Internasional 国际法在国际条约中与国家法律的存在
Amsir Law Journal Pub Date : 2022-03-10 DOI: 10.36746/alj.v3i2.61
Salma Laitupa, Eka Dewi Kartika, Fadly Yasser Arafat J.
{"title":"Eksistensi Hukum Internasional terhadap Hukum Nasional dalam Pembuatan Perjanjian Internasional","authors":"Salma Laitupa, Eka Dewi Kartika, Fadly Yasser Arafat J.","doi":"10.36746/alj.v3i2.61","DOIUrl":"https://doi.org/10.36746/alj.v3i2.61","url":null,"abstract":"The existence of international law has been accepted, recognized and respected as a legal norm that governs the international community. The rules of international law can be accepted and adapted in the national law of countries. The mechanisms and procedures used by each country to apply international law at the national level are not uniform. One of the main reasons is because they consider this a part of state sovereignty. \u0000As a system of norms, international law is based on the highest norms that function as an assessor of the validity of international agreements made between countries. The highest norms in international law are called peremptory norms (jus cogens). Therefore, an international agreement cannot be valid when an international agreement conflicts with the highest norms in international law","PeriodicalId":202883,"journal":{"name":"Amsir Law Journal","volume":"105 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124075734","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
Testing the Principle of Praesumtio Iustae Causa in State Administrative Disputes During Pandemic 大流行时期国家行政纠纷的事由推定原则检验
Amsir Law Journal Pub Date : 2022-02-22 DOI: 10.36746/alj.v3i2.62
Indah Fitriani Sukri, R. Rasna
{"title":"Testing the Principle of Praesumtio Iustae Causa in State Administrative Disputes During Pandemic","authors":"Indah Fitriani Sukri, R. Rasna","doi":"10.36746/alj.v3i2.62","DOIUrl":"https://doi.org/10.36746/alj.v3i2.62","url":null,"abstract":"In the implementation of the state administrative decree, the principle of praesumtio iustae causa is known as part of the implementation of the state administrative decree to resolve state administrative disputes. This principle means that a state administrative decision is always considered valid. This research has the aim of providing protection for the rights of the people that originate from individual rights as well as providing protection for the rights of the community based on the common interests of individuals in the community. The government has an obligation to promote the general welfare as stated in the constitutional mandate. In carrying out this obligation, the government takes regulatory and administrative law enforcement actions. The research method used is descriptive normative research, judging from the effectiveness of this principle is considered valid. And not only that, the possibility of disputes in the state administrative area occurring in the current pandemic era sees this case being included in the area of state administration, even these disputes are often found in the government. The conclusion is Article 65 of Law Number 30 of 2014 concerning Government Administration, what is protected is the interests of the wider community who will be harmed by the issuance of the government decree. So that with the provisions in Article 65 of Law Number 30 of 2014 concerning Government Administration, it can add options for the community to get wider legal protection for the issuance of a government decree/action.","PeriodicalId":202883,"journal":{"name":"Amsir Law Journal","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-02-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132931832","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
Konsep Negara Hukum dan Demokrasi dalam Pandangan Abdul Qahhar Mudzakkar
Amsir Law Journal Pub Date : 2021-10-18 DOI: 10.36746/alj.v3i1.49
Abbas Abbas
{"title":"Konsep Negara Hukum dan Demokrasi dalam Pandangan Abdul Qahhar Mudzakkar","authors":"Abbas Abbas","doi":"10.36746/alj.v3i1.49","DOIUrl":"https://doi.org/10.36746/alj.v3i1.49","url":null,"abstract":"The research aims to find out about the conception of the state of law and democracy aspired by Abdul Qahhar Mudzakkar. The type of research used in this study is the socio-juridical type of research. Juridically because the unit of analysis in this research is an idea, the idea knows the concept. Where in what is meant is an idea Abdul Qahhar Mudzakkar about the concept of a state of law and democracy. Empirically the author sought to see the historical facts about the application of the concept correlated with the constitution of the Republic of Indonesia in the era of President Soekarno’s leadership. The results showed Abdul Qahhar Mudzakkar wanted the Indonesian state as an Islamic state with a presidential system of government while still carrying out the principles of true democracy. True democracy means Abdul Qahhar Mudzakkar is a tribute to the values of martyrdom, pluralism, and justice. This certainly requires better time, methods, and refinements if you want to be applied in a plural Indonesia.","PeriodicalId":202883,"journal":{"name":"Amsir Law Journal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-10-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122213513","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
Hakikat Ketentuan Transisional dalam Pembentukan Peraturan Perundang-undangan
Amsir Law Journal Pub Date : 2021-10-12 DOI: 10.36746/alj.v3i1.44
A. S. R. Rakia, Kristian Simanjuntak, Wahab Aznul Hidaya, Andi Darmawansya
{"title":"Hakikat Ketentuan Transisional dalam Pembentukan Peraturan Perundang-undangan","authors":"A. S. R. Rakia, Kristian Simanjuntak, Wahab Aznul Hidaya, Andi Darmawansya","doi":"10.36746/alj.v3i1.44","DOIUrl":"https://doi.org/10.36746/alj.v3i1.44","url":null,"abstract":"In the process of drafting regulations, transitional provisions are used in order to overcome the legal vacuum, legal certainty, legal protection, and regulate other matters of a transitional nature. In terms of nomenclature, transitional provisions are referred to by different terms but are considered to have the same meaning. However, the terms of the transitional provisions have certain differences. This study aims to answer the nature of the transitional provisions in every formation of legislation, as well as the status of meaning between the terms “Ketentuan Peralihan” and “Aturan Peralihan” which have the same meaning status in the system of forming legislations. The results of this study indicate that the preparation of the “Transitional Provisions” material in the Appendix to Law Number 15 of 2019 is not adequately used in the preparation of “Aturan Peralihan” in the constitution. This is because the essence of the preparation of transitional provisions in the constitution is not only in order to overcome the legal vacuum, legal certainty, legal protection, and regulate other matters of a transitional nature, but also because of the transfer of power.","PeriodicalId":202883,"journal":{"name":"Amsir Law Journal","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-10-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126096489","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
Published Privacy Rights via Short Messages 通过短信公布的隐私权
Amsir Law Journal Pub Date : 2021-10-09 DOI: 10.36746/alj.v3i1.45
M. Syahril
{"title":"Published Privacy Rights via Short Messages","authors":"M. Syahril","doi":"10.36746/alj.v3i1.45","DOIUrl":"https://doi.org/10.36746/alj.v3i1.45","url":null,"abstract":"Short messages in the form of advertisements are increasingly being accepted by the public through their cell phones. The public never specifically gave the phone number to the party sending the advertising message. This is considered to be even more annoying because the short message advertisement violates the principles of consumer protection. This study aims to determine and analyze the extent of privacy violations against the spread of spam information via short messages. This study uses the empirical normative method, namely research conducted with the approach of legal norms or substances, legal principles, legal postulates, and legal comparisons, using a conceptual approach. The results show that short messages in the form of offers that are not directly related to the services used by cellular subscribers must be a concern for customer convenience.","PeriodicalId":202883,"journal":{"name":"Amsir Law Journal","volume":"88 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-10-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114263819","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
Penerapan Aplikasi E-Tilang dalam Penyelesaian Perkara Lalu Lintas Jalan
Amsir Law Journal Pub Date : 2021-10-09 DOI: 10.36746/alj.v3i1.41
Nurul Chaerani Nur
{"title":"Penerapan Aplikasi E-Tilang dalam Penyelesaian Perkara Lalu Lintas Jalan","authors":"Nurul Chaerani Nur","doi":"10.36746/alj.v3i1.41","DOIUrl":"https://doi.org/10.36746/alj.v3i1.41","url":null,"abstract":"This study aims to determine and analyze the effectiveness of the application of the e-Tilang application in road traffic cases in the jurisdiction of the Biak Numfor Police Resort, Papua. As well as knowing and analyzing the obstacles faced in the implementation of e-Tilang in road traffic violations in the jurisdiction of the Biak Numfor Police Resort, Papua. This research uses juridical-empirical research method. The results showed that the implementation of e-Tilang in Biak Numfor-Papua was not yet effective, because it was not in accordance with the expected goals of the e-Tilang program. It should be done electronically (without using a ticket), but in practice it still uses a ticket. In addition, there are still many people who do not know the procedure for resolving traffic violations with e-tickets, making it difficult to process fines and take confiscated goods beforehand. In addition, there is not yet optimal coordination between authorized agencies that are directly related to the e-Tilang program. The lack of socialization in the community is also an obstacle so that many people do not know about e-Tilang, both the program and the flow of its implementation.","PeriodicalId":202883,"journal":{"name":"Amsir Law Journal","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-10-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125569625","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: 2
Quo Vadis: Sanctions for Children Facing the Law Quo Vadis:对面临法律的儿童的制裁
Amsir Law Journal Pub Date : 2021-09-30 DOI: 10.36746/alj.v3i1.46
Herman Balla, Arini Asriyani
{"title":"Quo Vadis: Sanctions for Children Facing the Law","authors":"Herman Balla, Arini Asriyani","doi":"10.36746/alj.v3i1.46","DOIUrl":"https://doi.org/10.36746/alj.v3i1.46","url":null,"abstract":"The study aims to find out the setting for the sentencing of sanctions against children who commit criminal acts of abuse resulting in death. The type of research used by the author is the empirical normative research type. The results showed that the regulation of sanctions against children who commit crimes that are sentenced to criminal sanctions has been contained in Article 71 paragraph (1) to paragraph (5) of Law No. 11 of 2012 concerning the Criminal Justice System of Children. In addition to the type of sanctions contained in Article 71, sanctions actions can also be imposed on children who commit criminal acts and the overall number of cases obtained from the results of research in the Sungguminasa Court is a total of 7 cases and in its ruling the tendency of judges to give criminal sanctions to prison for children perpetrators of crimes that result in death.","PeriodicalId":202883,"journal":{"name":"Amsir Law Journal","volume":"37 9-10","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131450897","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
Journalist Competence in Applying the Presumption of Innocence Principle on Press Release 无罪推定原则在新闻发布中的运用
Amsir Law Journal Pub Date : 2019-10-21 DOI: 10.36746/alj.v1i1.20
Mustawa Mustawa
{"title":"Journalist Competence in Applying the Presumption of Innocence Principle on Press Release","authors":"Mustawa Mustawa","doi":"10.36746/alj.v1i1.20","DOIUrl":"https://doi.org/10.36746/alj.v1i1.20","url":null,"abstract":"A journalist competence as intended in the Press Council Regulation is interpreted as knowledge capability without affirmation for journalists who have knowledge of certain scientific disciplines. The meaning is all journalists from any discipline may be recognized as journalists who have the competence to apply the presumption of innocence in reporting. This arrangement in journalistic practice, the press often appears' 'judgmental' in the news because the use of the terms is often interpreted the same, even though the law holds very different meanings, such as the suspect is written as the perpetrator, released is written as free, not accepted is written as rejected, sentenced to trial is written as the judge free it. To prevent the violation of the presumption of innocence principle in reporting, the regulation of journalists' competencies must be emphasized from intellectual abilities and general knowledge to legal knowledge. The affirmation is directly correlated with the news object which is in the realm of law as a function of the press that is obliged to respect the presumption of innocence principle.","PeriodicalId":202883,"journal":{"name":"Amsir Law Journal","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-10-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122001958","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
Dikotomi Politik Hukum Nasional dengan Politik Hukum Adat di Daerah Perbatasan 国家法律的政治二分法和边境地区的部落政治政治
Amsir Law Journal Pub Date : 2019-10-15 DOI: 10.36746/alj.v1i1.19
Julianto Jover Jotam Kalalo, Irwansyah Irwansyah
{"title":"Dikotomi Politik Hukum Nasional dengan Politik Hukum Adat di Daerah Perbatasan","authors":"Julianto Jover Jotam Kalalo, Irwansyah Irwansyah","doi":"10.36746/alj.v1i1.19","DOIUrl":"https://doi.org/10.36746/alj.v1i1.19","url":null,"abstract":"The existence of a pluralistic law in the border area causes customary law communities who live and develop in the border area applying variety of laws. The concept of dualism is even deeper in the application of law as a reality that exists in border areas. The position of national law which is side by side with customary law apparently still has a gap which is entered by other countries' laws which are none other than neighboring countries. The existence of this plural law causes the disharmony of the legal regulations applied in the border area. The analysis shows that the dichotomy of regulations often conflicts and differences in the application of the law in each of the legal arrangements. Due to customary politics in the border areas are seeking for the truth in the application of the law. The position of national law does not guarantee the existence of legal arrangements in border areas because customary law in border areas has a strong position. National law is difficult to become a legal basis in border areas. However, the contradictions and differences in these three legal arrangements can actually be synergized, thus, thecontradictions and differences can also form a new law that is dynamic and appropriate, and does not change into a problem in the customary community.","PeriodicalId":202883,"journal":{"name":"Amsir Law Journal","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-10-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126558514","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
Fines Sanction as a Meeting Form Principles of Agreement Contracts Construction Service 罚款处罚作为会议形式的协议原则建设服务合同
Amsir Law Journal Pub Date : 2019-10-14 DOI: 10.36746/alj.v1i1.18
Muhammad Sabbir Rahman
{"title":"Fines Sanction as a Meeting Form Principles of Agreement Contracts Construction Service","authors":"Muhammad Sabbir Rahman","doi":"10.36746/alj.v1i1.18","DOIUrl":"https://doi.org/10.36746/alj.v1i1.18","url":null,"abstract":"In national development, construction services have an important and strategic role in supporting the growth and development of the economic, social and cultural fields. Construction Work Contracts (Construction Services Procurement Contracts), in principle, are consensual (a reciprocal agreement), between the Employer (Project Owner) and the Service Provider (Contractor); Service Providers (Contractors) with Sub Service Providers (Sub Contractors). This research uses normative (doctrinal) legal research type. This research was conducted by examining all laws and regulations related to agreements that arise as well as the legal consequences in the form of financial penalties for breach of contract.","PeriodicalId":202883,"journal":{"name":"Amsir Law Journal","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-10-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130872033","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
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