Sriwijaya Law Review最新文献_第10页

Legal Reasons Underlying Demonopolization by State-Owned Enterprises in Indonesia 印尼国有企业反垄断的法律原因

Sriwijaya Law Review Pub Date : 2019-07-31 DOI: 10.28946/SLREV.VOL3.ISS2.126.PP124-136

Putu Samawati Saleh

{"title":"Legal Reasons Underlying Demonopolization by State-Owned Enterprises in Indonesia","authors":"Putu Samawati Saleh","doi":"10.28946/SLREV.VOL3.ISS2.126.PP124-136","DOIUrl":"https://doi.org/10.28946/SLREV.VOL3.ISS2.126.PP124-136","url":null,"abstract":"Demonopolization policy towards PT. PLN (Persero) and PT. Pelindo (Persero) conducted by the Indonesian government is aimed at enhancing efficiency, the effectiveness of state-owned enterprises (SOEs), as well as global competitiveness. The rationale in determining the demonopolization policy towards the two SOEs is based on the concept of neo-liberalism market economy, which promotes efficiency and effectiveness on free market competition. The concept of neo-liberal economics is contrary to the concept of democratic economics. The concept of democratic economics based on the 1945 Constitution of the Republic of Indonesia prioritizes fair efficiency. It is the reason for the Constitutional Court to return monopoly rights to PT. PLN (Persero) as an electricity provider in Indonesia. The argue of monopoly policy or demonopolization policy of SOEs is the main problem that will be elaborated through normative research methods (documentary research) by using secondary data as the main data. Problem analysis was done by qualitative juridical through of statute approach, philosophy approach, and history of law approach. This paper provides the reason of the policy of monopoly exemption on SOEs business activities, as well as the foundation of SOEs demonopolization policy taking into consideration the constitutional basis of Article 33 of the 1945 Constitution. The concept of demonopolization of SOEs is a new one that has never been described in the Indonesian literature. As a result, the demonopolization of SOEs does not divert SOEs into private companies but rather attempts to present competitors to SOEs to be able to compete in fair competition. In another side monopoly of SOEs can be implemented towards managing important production branches that control the livelihoods of many people. It is evidence of the state’s role in ensuring the welfare of its people.","PeriodicalId":32073,"journal":{"name":"Sriwijaya Law Review","volume":"62 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84268437","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

Budget Supervision and Mechanism by an Administrative Village in Indonesia 印尼行政村预算监督与机制研究

Sriwijaya Law Review Pub Date : 2019-07-31 DOI: 10.28946/SLREV.VOL3.ISS2.213.PP176-186

R. Moonti, I. Ahmad

引用次数: 0

The Admissibility of Scientific Expert Evidence Under Indonesian Criminal Justice System 印尼刑事司法制度下科学专家证据的可采性

Sriwijaya Law Review Pub Date : 2019-07-31 DOI: 10.28946/SLREV.VOL3.ISS2.215.PP152-161

Wanodyo Sulistyani

引用次数: 1

Regulatory Issues on Raising Capital through Debentures by Public Companies in the United Kingdom 英国上市公司通过债券融资的监管问题

Sriwijaya Law Review Pub Date : 2019-07-31 DOI: 10.28946/SLREV.VOL3.ISS2.252.PP111-123

Mohammad Belayet Hossain

{"title":"Regulatory Issues on Raising Capital through Debentures by Public Companies in the United Kingdom","authors":"Mohammad Belayet Hossain","doi":"10.28946/SLREV.VOL3.ISS2.252.PP111-123","DOIUrl":"https://doi.org/10.28946/SLREV.VOL3.ISS2.252.PP111-123","url":null,"abstract":"Nowadays, it is common for the loans to be aggregated as a lump sum, which is then advanced to the company by the trustees. In this situation, the lenders subscribe for debenture stock, sometimes called loan stock, out of the fund. As with shares, such stock forms part of the company’s securities, which can be traded in the Stock Exchange. The lenders might require security for their loans. In this situation, a company will charge its property to secure the loan. In light of the Companies Act 2006 of the United Kingdom, this paper will analyze the various mechanisms whereby public companies raise money through debentures and the regulatory consequences of doing so. The companies legislation requires certain particulars of the charge to be registered. Therefore, this paper aims to reflect on: (a) how public companies borrow its capital through debentures or debenture stock; (b) what types of charge the public companies could issue to lenders as security; (c) how to differentiate between fixed and floating charges. This paper will also examine the question of priority among competing creditors and inconsistent decisions of the court regarding fixed and floating charges. The objectives of this paper are to: describe the meaning of ‘debenture', discuss the dispute relating granting a fixed charge over book debts, sketch the priority of charges and the statutory listing system, describe the meaning of book debts, explain the character of and the differences between floating and fixed charges. This paper will provide recommendations that could be taken into consideration for future amendments of the Companies Act 2006.","PeriodicalId":32073,"journal":{"name":"Sriwijaya Law Review","volume":"45 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81407977","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

Warehouse Receipt System Regulation in Indonesia: Is It Beneficial for Small Farmer? 印尼仓单制度监管:对小农有利吗?

Sriwijaya Law Review Pub Date : 2019-07-31 DOI: 10.28946/SLREV.VOL3.ISS2.292.PP162-175

Khoirul Hidayah, Iffaty Nasyi’ah, Jundiani Jundiani

{"title":"Warehouse Receipt System Regulation in Indonesia: Is It Beneficial for Small Farmer?","authors":"Khoirul Hidayah, Iffaty Nasyi’ah, Jundiani Jundiani","doi":"10.28946/SLREV.VOL3.ISS2.292.PP162-175","DOIUrl":"https://doi.org/10.28946/SLREV.VOL3.ISS2.292.PP162-175","url":null,"abstract":"The regulation of Warehouse Receipt System (WRS) in Indonesia written in The Law No. 9 of 2011 concerning Amendment of WRS is expected to be useful and to facilitate farmers of WRS. However, in its practice, WRS in Indonesia was not yet able to improve the credit amount of banking with warehouse receipt as a guarantee. Malang Regency is one of the potential areas of farming products in East Java and once built WRS in 2012, so it is interesting to make this area as a research object in terms of reviewing WRS regulation in Indonesia. The issue is whether the purpose of establishing the law on WRS gave advantage and credit expediency, particularly for small farmers. This article is empirical legal research with a socio-juridical approach by describing the implementation of farm credit through WRS, describing the farmers’ utilization of WRS in Malang Regency, then, analyzing it using regulation of warehouse receipt in Indonesia and the theory of legal effectiveness. Overall evaluation of WRS in the mentioned area shows that some parties, such as farmers, unit cooperation village, and local government, are at a loss. The evaluation result of WRS regulation implementation cannot realize the goals of the law on WRS; those are giving easy, affordable, and fast access to farmers in getting capital. The WRS cannot give advantage for small farmers. The policy of WRS in Indonesia has not yet been able to help farmers to challenge the competition in the free-trading market through ASEAN Economic Community. The researchers suggest that the WRS regulation must be made and integrated with farmer’s policy so it can give advantage for small farmers.","PeriodicalId":32073,"journal":{"name":"Sriwijaya Law Review","volume":"55 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74160450","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 Importance of Applying the Membership Value Toward Savings and Loans Cooperatives in Indonesia 会员价值对印尼储蓄贷款合作社的重要性

Sriwijaya Law Review Pub Date : 2019-07-30 DOI: 10.28946/SLREV.VOL3.ISS2.235.PP225-234

A. Ningsih, D. Suprapti, Nurul Fibrianti

{"title":"The Importance of Applying the Membership Value Toward Savings and Loans Cooperatives in Indonesia","authors":"A. Ningsih, D. Suprapti, Nurul Fibrianti","doi":"10.28946/SLREV.VOL3.ISS2.235.PP225-234","DOIUrl":"https://doi.org/10.28946/SLREV.VOL3.ISS2.235.PP225-234","url":null,"abstract":"Cooperative Loans and Savings (KSP) is a business entity that having an essential role as an alternative capital fund which is faster and based on the Membership Principle. According to Law No 25 the Year 1992 concerning Cooperatives states that Cooperatives in Indonesia should operate under the Membership Principle. Cooperatives have social characteristics in the form of prioritizing mutual benefits and interests rather than personal interests and benefits. Thus, cooperatives must become the spearhead of the national economy by collecting and distributing funds. However, the reality, there are still numerous frauds in the process of collecting and distributing funds to raise the deposit and also the high interest and the high late charge. The problem appeared is how the actual management of cooperatives loans and savings to carry out their duties and functions. This research is also dealt with the extent of supervision, which is mandated by the law. KSP needs a proper procedural of supervision for their organization. The Financial Services Authority (OJK) is expected to work together with the Ministry of Cooperative and SMEs Office to supervise Cooperative Loans and Savings because it is found that many injustices have been fallen debtors and it is urgent to revise the law and make KSP is under OJK's supervision. The objective of this research is to examine the management of Cooperative Loans and Savings in Indonesia. The other aim of this research is to provide recommendation and consideration for the Indonesian government to strengthen the supervision of Cooperative Loans and Savings under OJK because there is malpractice regarding the term of interest in KSP. The research method used in this article is the statute method, which is supported by an empirical juridical approach in KSP Mitra Usaha Perkasa","PeriodicalId":32073,"journal":{"name":"Sriwijaya Law Review","volume":"10 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-07-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88705969","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: 9

Separation of Powers Under the 1999 Nigerian Constitution: The Core Legal Dilemmas 1999年尼日利亚宪法下的权力分立:核心法律困境

Sriwijaya Law Review Pub Date : 2019-07-30 DOI: 10.28946/SLREV.VOL3.ISS2.281.PP235-252

O. Adegbite, Oreoluwa Omotayo Oduniyi, Jubril Akinwunmi Farinde

{"title":"Separation of Powers Under the 1999 Nigerian Constitution: The Core Legal Dilemmas","authors":"O. Adegbite, Oreoluwa Omotayo Oduniyi, Jubril Akinwunmi Farinde","doi":"10.28946/SLREV.VOL3.ISS2.281.PP235-252","DOIUrl":"https://doi.org/10.28946/SLREV.VOL3.ISS2.281.PP235-252","url":null,"abstract":"At the core of Nigeria's constitutional practice lies the doctrine of separation of powers. The application of the principle is such that power under Nigeria's presidential cum federal system is delineated both horizontally and vertically. Even though the doctrine has a major feature of every constitution in the world, its implementation does not seem satisfactory given the insults that have been carried out by successive governments. This paper examines the doctrine of separation of powers and its complicatedness as regards to its practice in Nigeria's constitutional democracy. Reflecting on the history of Nigeria, this paper will discuss the eroded implementation of the principle of separation. As a result, it seems to be that the concept of \"separation\" is not going well and tends to fuse the function of executive and legislative institutions. In this situation, the principle is in a dilemma. This paper further offers a flicker of hope by pointing to the fact that all hopes do not appear lost, as the Judiciary still maintains some level of ‘separateness,' except that only time will tell as to how much this lasts.","PeriodicalId":32073,"journal":{"name":"Sriwijaya Law Review","volume":"17 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-07-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76839537","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

The Urgency of Presidential Policy to Revitalize and Maintain the Existence of Cooperatives Based on Pancasila 以潘卡西拉为基础的振兴和维持合作社存在的总统政策的紧迫性

Sriwijaya Law Review Pub Date : 2019-07-29 DOI: 10.28946/SLREV.VOL3.ISS2.289.PP199-224

S. Gumbira, I. Handayani, Kukuh Tejomurti Tedjomurti

{"title":"The Urgency of Presidential Policy to Revitalize and Maintain the Existence of Cooperatives Based on Pancasila","authors":"S. Gumbira, I. Handayani, Kukuh Tejomurti Tedjomurti","doi":"10.28946/SLREV.VOL3.ISS2.289.PP199-224","DOIUrl":"https://doi.org/10.28946/SLREV.VOL3.ISS2.289.PP199-224","url":null,"abstract":"The article aims to examines how the role of the President of the Republic of Indonesia as the head of state as well as the head of government through its policies and legal products. It is because the President has a role in creating a conducive atmosphere in the economic sector especially in revitalizing and maintaining the existence of a Cooperative as Indonesia's economic pillar based on Pancasila to face the wave of the liberal economy in the era of globalization. This situation occurs, perhaps, due to the lack of confidence and understanding of the Pancasila as a social philosophy. This problem can be observed by several phenomena occurring in the community such as the malignant and violent settlement of problems resolution in a social, political, cultural, legal, and religious system. This study applies normative methods with a statute approach. As a result, it can be concluded that a legal product comes from the 1945 Constitution to the Presidential legal products, namely government regulation and presidential instruction will have an implication to the objective and the result whether it is good or bad.","PeriodicalId":32073,"journal":{"name":"Sriwijaya Law Review","volume":"8 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-07-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85538644","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: 5

The Implementation of Musyarakah by PT Bank Aceh Branch of Banda Aceh, Indonesia 印尼班达亚齐PT银行亚齐分行实施Musyarakah

Sriwijaya Law Review Pub Date : 2019-01-31 DOI: 10.28946/slrev.Vol3.Iss1.195.pp99-110

J. Andria, Darmawan Darmawan, A. Azhari

{"title":"The Implementation of Musyarakah by PT Bank Aceh Branch of Banda Aceh, Indonesia","authors":"J. Andria, Darmawan Darmawan, A. Azhari","doi":"10.28946/slrev.Vol3.Iss1.195.pp99-110","DOIUrl":"https://doi.org/10.28946/slrev.Vol3.Iss1.195.pp99-110","url":null,"abstract":"According to Article 19 Paragraph (1) of the Law Number 21 of 2008 concerning Sharia Banking, one of the activities of Sharia Banking is to provide financial funding based on musyarakah (profit sharing). The implementation of musyarakah by PT Bank Aceh Syariah in Banda Aceh has been covered up to 85 customers from the period of 2015 to 2017. In musyarakah contract the customers have to fulfil their obligations to pay the payments to the bank. However, the fact shows that the customers could not fulfil their obligations to pay their payments to the bank because they have income problems in running their businesses. From 2015 to 2017 there were seven customers were not well performed musyarakah. This condition has resulted in breach of contract by the customers which is known as non-performing musyarakah funding. This study aims to scrutinize legal consequences arising from non-performing musyarakah funding and identify the efforts taken in the settlement of this problem. This study is an empirical juridical research. Data required for this study were collected through field research by interviewing respondents or informants. The result shows that the legal consequences arising from this non-performing musyarakah funding were pledges or defaults by the customers because they violate the Article 12 of Musyarakah contract. The efforts taken in settling this problem among others are collecting the arrear obligations and handling non-performing musyarakah to the bank’s officer to be analysed based on legal analysis. Therefore, it is advised that the customers should fully fulfil their obligation to pay their payments to the bank based on musyarakah contract. Then, the bank officers are suggested to fully analyse the arrear obligations of the customers based on legal analysis. By doing so it could reduce non-performing musyarakah funding in the future","PeriodicalId":32073,"journal":{"name":"Sriwijaya Law Review","volume":"84 3-4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72494206","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 Assurance and Legal Protection in Land Registration in Indonesia 印尼土地注册的法律保障与法律保护

Sriwijaya Law Review Pub Date : 2019-01-31 DOI: 10.28946/SLREV.VOL3.ISS1.118.PP48-58

S. Suharyono

{"title":"Legal Assurance and Legal Protection in Land Registration in Indonesia","authors":"S. Suharyono","doi":"10.28946/SLREV.VOL3.ISS1.118.PP48-58","DOIUrl":"https://doi.org/10.28946/SLREV.VOL3.ISS1.118.PP48-58","url":null,"abstract":"Legal assurance to protect the owner of the land title has been the main objectives of the 1997 Government Regulation No. 24. However, in reality, the objectives above cannot be spelled due to the negative publication system of land title registration regulated by the regulation above. The loophole the system has, inter alia, concerns with the actual or the correctness of land site or the physical data of the land. As a result, a conflict will not be prevented between or amongst the true land deed holder, land rights holder and the third party. If the case is brought before the court, the further consequence is that the verdict will declare the cancelation of or invalidity of the land deed. Then the legal status of the land deed will become uncertain and landowners will lose their rights without getting any protection from the State. The problem raised in this article regarding the negative system of land registration in the 1997 government regulation no. 24 does not provide legal protection for the landowner who has already land certificate. The results of the study showed that there were two different values of legal certainty and legal protection manifested in the Government Regulation No. 24 of 1997 and those of legal certainty and legal protection as mandated by the 1945 Constitution of the Republic of Indonesia. Therefore it is not superfluous to state that legal certainty and legal protection are intended and regulated by Government Regulation No.24 of 1997 which is in contradictory to the manifested value of legal certainty and legal protection guaranteed by the 1945 Constitution","PeriodicalId":32073,"journal":{"name":"Sriwijaya Law Review","volume":"26 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87067646","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