Proceedings of the International Conference on Law, Governance and Islamic Society (ICOLGIS 2019)最新文献_第3页

Building the Law of Indonesian Business Competition Based on Islamic Economic Principles 基于伊斯兰经济原则构建印尼商业竞争法

Proceedings of the International Conference on Law, Governance and Islamic Society (ICOLGIS 2019) Pub Date : 1900-01-01 DOI: 10.2991/assehr.k.200306.220

Desi Apriani, Toto Tohir Suriaatmadja, Syafrinaldi

{"title":"Building the Law of Indonesian Business Competition Based on Islamic Economic Principles","authors":"Desi Apriani, Toto Tohir Suriaatmadja, Syafrinaldi","doi":"10.2991/assehr.k.200306.220","DOIUrl":"https://doi.org/10.2991/assehr.k.200306.220","url":null,"abstract":"Indonesian business competition law is contained in Act Number 5 Year 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition. One of the backgrounds of the birth of this Act was the pressure of the IMF (International Monetary Fund) as part of Letter of Intent (LOI) at that time. As a result, the embodiment of Islamic values in the drafting of the Law has not been carried out at all. This can be seen from the provisions of the exception of Article 50 especially exceptions to small businessman. This research is juridical normative research by qualitative analytical method, and the data that the author use is secondary data consisting of primary and secondary legal materials. Ideal law is a law that is created in accordance with the noble values of its people, and should be accommodating the religious values embraced by the people. There is a need for the renewal of Indonesian business competition law by incorporating Islamic values in order to achieve Indonesian business competition law that reflects the values of Godliness, and at the same time can reflect the values of Pancasila Economic System.","PeriodicalId":276491,"journal":{"name":"Proceedings of the International Conference on Law, Governance and Islamic Society (ICOLGIS 2019)","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129542787","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

Legal Framework of Waste Management in Indonesia 印度尼西亚废物管理的法律框架

Proceedings of the International Conference on Law, Governance and Islamic Society (ICOLGIS 2019) Pub Date : 1900-01-01 DOI: 10.2991/assehr.k.200306.191

L. A. H. Purba, Anna Erliyana

引用次数: 3

Legal Certainty in the Land Registration Process Originating from Inheritance 基于继承的土地注册程序中的法律确定性

Proceedings of the International Conference on Law, Governance and Islamic Society (ICOLGIS 2019) Pub Date : 1900-01-01 DOI: 10.2991/assehr.k.200306.200

O. B. Gultom, B. Ginting, M. Lubis, T. D. Azwar, M. Pasaribu

{"title":"Legal Certainty in the Land Registration Process Originating from Inheritance","authors":"O. B. Gultom, B. Ginting, M. Lubis, T. D. Azwar, M. Pasaribu","doi":"10.2991/assehr.k.200306.200","DOIUrl":"https://doi.org/10.2991/assehr.k.200306.200","url":null,"abstract":"To guarantee legal certainty by the Government, land registration is carried out for the entire territory of the Republic of Indonesia according to the provisions regulated by Government Regulations. The problem formulation in this study is how the land registration originating from inheritance in Indonesia since the enactment of PMA No. 3 of 1997 is implemented. This study used a legal research method with a normative juridical approach. Data collected through literature were then analyzed qualitatively. The results show that the implementation of land registration originating from inheritance in Indonesia returned to the Dutch colonial era, by dividing the population of Indonesia into 3 (three) groups. By the overlapping of regulations, this ultimately led to no legal certainty in the registration of land originating from inheritance. Thus, the Notary experienced a dilemma in making inheritance certificates for all Indonesian citizens, due to the provisions of Article 111 PMA No. 3 of 1997. As for the suggestions, the Notary must provide legal counseling to the National Land Agency (BPN) relating to land registration originating from inheritance, so that the inheritance certificate made by a Notary for all groups is accepted by the National Land Agency.","PeriodicalId":276491,"journal":{"name":"Proceedings of the International Conference on Law, Governance and Islamic Society (ICOLGIS 2019)","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124436499","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 Position of Defendant’s Statement in the Proof of Adultery Case (The Analysis of Syar’iyah Court Verdict Banda Aceh) 被告陈述在通奸案举证中的地位(以班达亚齐伊斯兰法院判决为例)

Proceedings of the International Conference on Law, Governance and Islamic Society (ICOLGIS 2019) Pub Date : 1900-01-01 DOI: 10.2991/assehr.k.200306.195

Nouvan Moulia

{"title":"The Position of Defendant’s Statement in the Proof of Adultery Case (The Analysis of Syar’iyah Court Verdict Banda Aceh)","authors":"Nouvan Moulia","doi":"10.2991/assehr.k.200306.195","DOIUrl":"https://doi.org/10.2991/assehr.k.200306.195","url":null,"abstract":"In Article 37 Paragraph (1) Aceh Qanun Number 6 of 2014 on Jinayat Law mentioned that the moslems who confess of doing zina then their confession is considered as the request to be sentenced with zina punishment. However in its practice, the researcher finds out that some verdicts decided by Sharia Court Banda Aceh, the defendant who testifies/confesses of zina is sentenced with tazir punishment, not hudud punishment. The main purpose of this study is to find out the answer based on Islamic shariah regarding the provision of jarimah zina verification with the defendant's statement and the consequence that will be certified by the defendant when hudud punishment is applied. The research employs a descriptive-comparative analysis method. Based on the study on 55 verdicts of jarimah ikhtilat decided by the Sharia Court of Banda Aceh, the researcher found that there were 12 verdicts in which the defendants stated that they had committed to zina before they got caught, however they were sentenced with jarimah ikhtilath article not jarimah zina article. Whereas, referring to normative fiqh provisions, they suppose to be sentenced with hudud punishment in the world in order to abort the punishment in the afterlife.","PeriodicalId":276491,"journal":{"name":"Proceedings of the International Conference on Law, Governance and Islamic Society (ICOLGIS 2019)","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129713887","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