Sriwijaya Law Review最新文献_第7页

Strict Liability Principle: Consumer Protection from Hidden Defective Products in Indonesia 严格责任原则:印尼对隐藏缺陷产品的消费者保护

Sriwijaya Law Review Pub Date : 2020-01-31 DOI: 10.28946/SLREV.VOL4.ISS2.295.PP109-123

Holijah Holijah

{"title":"Strict Liability Principle: Consumer Protection from Hidden Defective Products in Indonesia","authors":"Holijah Holijah","doi":"10.28946/SLREV.VOL4.ISS2.295.PP109-123","DOIUrl":"https://doi.org/10.28946/SLREV.VOL4.ISS2.295.PP109-123","url":null,"abstract":"Weak supervision on the standardization of the quality of goods products, the negative impact of the use of technology, and fraudulent products cause an increase in hidden defective goods products in the current era of globalization. The phenomenon of the existence of hidden defective products increasingly demanding the importance of the role of government to regulate, supervise and control to create a legal construction of product responsibility for consumers, which normatively does not exist yet. The concept of consumer protection due to hidden defective goods is a new thing that has never been explained in Indonesian literature. The purpose of this paper is to analyze the hidden defective products phenomenon, and the legal basis on the principle of responsibility is applied. Strict liability of produces due to loss of hidden defective goods products as an effort to protect consumers in Indonesia. This research uses the normative analysis method by using secondary data as primary data through the statute approach, philosophical approach, and historical approach. The results of this study show the importance of legal products that can provide consumer rights without reducing the rights of produces. The need for a legal basis for the product liability principle with the principle of strict liability to claim the responsibility of a produces through developing the doctrine of tort as a basis for demanding compensation due to hidden defective goods from the outstanding produces on the market. For this reason, it is recommended as a consideration, namely normative amendment to the law of the Republic of Indonesia number 8 of 1999 concerning consumer protection as a short-term step, while the long-term step is to issue a special law that regulates the absolute responsibility of produces due to loss of defective products hidden in the future.","PeriodicalId":32073,"journal":{"name":"Sriwijaya Law Review","volume":"12 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75853003","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 Competency of Administrative Court in Adjudicating State Financial Losses Report Dispute in Indonesia 印尼行政法院审理国家财政损失报告纠纷的适格性

Sriwijaya Law Review Pub Date : 2020-01-31 DOI: 10.28946/SLREV.VOL4.ISS2.298.PP41-51

H. Helmi, Fauzi Syam, Harry Setya Setya Nugraha, Retno Kusniati

{"title":"The Competency of Administrative Court in Adjudicating State Financial Losses Report Dispute in Indonesia","authors":"H. Helmi, Fauzi Syam, Harry Setya Setya Nugraha, Retno Kusniati","doi":"10.28946/SLREV.VOL4.ISS2.298.PP41-51","DOIUrl":"https://doi.org/10.28946/SLREV.VOL4.ISS2.298.PP41-51","url":null,"abstract":"The debate on the absolute competency of the State Administrative Court in Indonesia to set the dispute over the State Financial Losses Report (LHPKKN) is proved to have caused dissenting opinion. The judgments between one administrative court to other court in Indonesia cause main problem of achieving justice and legal certainty. This research examines the issue of absolute competence of the Administrative Court in adjudicating disputes on the State Financial Losses Report published by the Financial and Development Monitoring Agency (BPKP). This article uses normative legal research and implement the statute approach, conceptual approach, and case approach. These approaches are used to discern and analyze several related legal materials or documents scientifically. The aims and objectives of this research are to find a legal solution on how this classic issue has to be approached and solved. As a result, it is found through this article that the Administrative Court has absolute competence in deciding disputes on the Report on the Calculation of State Financial Losses issued by the Financial and Development Monitoring Agency, which is supported by several fundamental reasons.","PeriodicalId":32073,"journal":{"name":"Sriwijaya Law Review","volume":"34 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85835149","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

Unilateral Claim in Dispute of Island Over the South China Sea 中国在南海岛屿争端中的单方面主张

Sriwijaya Law Review Pub Date : 2020-01-31 DOI: 10.28946/SLREV.VOL4.ISS2.221.PP1-8

Muhammad Nasir, W. Dahalan, Harun Harun, Phoenna Ath Thariq

{"title":"Unilateral Claim in Dispute of Island Over the South China Sea","authors":"Muhammad Nasir, W. Dahalan, Harun Harun, Phoenna Ath Thariq","doi":"10.28946/SLREV.VOL4.ISS2.221.PP1-8","DOIUrl":"https://doi.org/10.28946/SLREV.VOL4.ISS2.221.PP1-8","url":null,"abstract":"In the unilateral claim, every determination of a territory is the right of a sovereign state and does not require agreement with international organizations or other countries. Especially regarding the borders of a country, many international regulations require a joint determination (bilateral or multilateral). The norm will impact the absence of responses from another country, or such a country does not react because its interests were not disturbed. China's unilateral statement over the South China Sea has tried to dominate globally, and at the same time, there has been no stabilization of peace. It will likely continue, expand, and have long-term adverse impacts on the regional economic and security situation in the region. China's unilateral claims in the South China Sea have also resulted in other warring countries, strengthening their presence and claims. This research uses normative approach which examines the unilateral claims under international law in the South China Sea especially in the UNCLOS 1982 and other related international law instruments. As a result, for China, it is necessary to improve its current position, at least it needs to negotiate in the future. Countries which is involved in the South China Sea should clarify and submit territorial claims and maritime rights under international law, including the UNCLOS 1982.","PeriodicalId":32073,"journal":{"name":"Sriwijaya Law Review","volume":"24 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73770542","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

Cultural Locality and Bureaucracy on the Sukabumi City Police Command 苏kabumi市警察司令部的文化地方性和官僚主义

Sriwijaya Law Review Pub Date : 2020-01-31 DOI: 10.28946/SLREV.VOL4.ISS2.452.PP23-40

Rycko Amelza Dahniel

{"title":"Cultural Locality and Bureaucracy on the Sukabumi City Police Command","authors":"Rycko Amelza Dahniel","doi":"10.28946/SLREV.VOL4.ISS2.452.PP23-40","DOIUrl":"https://doi.org/10.28946/SLREV.VOL4.ISS2.452.PP23-40","url":null,"abstract":"Rational bureaucratic models in various organizational contexts can no longer be implemented as originally designed because of the interaction of cultural locality, including in city-level police organizations. Services to the community in the District of Sukabumi cannot be implementedappropriately. It is because there are three problems, namely the absence of detailed and transparent rules, the lack of material and budget support, and the functional relationship between the police and the community, which is influenced by the dominant local culture. This research investigates the variety of features of cultural locality in the bureaucracy of Sukabumi ResortPolice through a qualitative approach.The source of research data is determined purposively and snowball based on an emic approach to get social phenomena that occur. Data mining is carried out in the form of complete participant observation, interviews, and document studies. The results of the research revealed that the bureaucracy in resort police is characterized by a unique hierarchical chain and unity of command through and carried out by superiors, specialization into functions, regulations and organizational policies, standard procedures for each job, career coaching structure, and impersonal relationships. In addition, the cultural context and locality of the Sukabumi community, which is thick with Sundanese culture, become a social convention which is manifested in activities, actions, and ways of thinking. These manifestations are based on friendship, mutual assistance and respect, respect for parents, deliberation in solving social problems that refer to the culture of diriungkeun by using religious figures, preachers, and ajengan as primordial charismatic figures.Cultural context and locality are believed to have influenced the bureaucratic style so that the rational bureaucracy cannot be fully implemented but must adopt local culture.","PeriodicalId":32073,"journal":{"name":"Sriwijaya Law Review","volume":"32 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85387347","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

The Impact of the Development of Trade Practices on Enforcement of International Environmental Law 贸易惯例的发展对国际环境法执行的影响

Sriwijaya Law Review Pub Date : 2019-07-31 DOI: 10.28946/SLREV.VOL3.ISS2.226.PP137-151

Birkah Latif, S. M. Noor, J. Sumardi, I. Irwansyah

{"title":"The Impact of the Development of Trade Practices on Enforcement of International Environmental Law","authors":"Birkah Latif, S. M. Noor, J. Sumardi, I. Irwansyah","doi":"10.28946/SLREV.VOL3.ISS2.226.PP137-151","DOIUrl":"https://doi.org/10.28946/SLREV.VOL3.ISS2.226.PP137-151","url":null,"abstract":"The issue of trade and environment is always debatable. Degradation and damaging to the environment surge the countries in making comprehensive and multi-approach planning. This is based on the view that trade should not only count for profit but also carry out calculations and planning for the impacts and conditions when the business is carried out and after completion. The purpose of this paper is to find out whether the environment causes trade not to be carried out and to end economic growth and there is a solution to balance the environment and trade as prevention in both fields through environmental protection legal instruments. The first issue showed that trade that used to be a source of income that is the main target of countries, nevertheless, the unwise planning and also corrupt cases has made the trade become the trigger for environmental damage. This condition caused by a lack of awareness in law enforcement and even various corruption issues causing trade to become a threat, especially for the environment. The second issue arises, which is the mechanism in balancing trade and the environment to preserve the environment and encourage the country's economic growth by optimizing the implementation of environmental protection laws. This paper uses normative legal research methods by collecting data derived from the literature, legislation, articles, and cases that occur within countries. The result shows that more states and stakeholder using more technique on achieving a balance of trade and environment protection, with a pro-environment calculation, it is expected that trade will be carried out in parallel with environmental preservation.","PeriodicalId":32073,"journal":{"name":"Sriwijaya Law Review","volume":"58 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88526118","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

Does Judge Has Ex Officio Rights In determining Mut’ah and Iddah? 法官在确定穆特和伊达时是否有当然权利?

Sriwijaya Law Review Pub Date : 2019-07-31 DOI: 10.28946/SLREV.VOL3.ISS2.249.PP187-198

Sri Turatmiyah, M. Syaifuddin, Annalisa Yahanan, Febrian Febrian, Arfianna Novera

{"title":"Does Judge Has Ex Officio Rights In determining Mut’ah and Iddah?","authors":"Sri Turatmiyah, M. Syaifuddin, Annalisa Yahanan, Febrian Febrian, Arfianna Novera","doi":"10.28946/SLREV.VOL3.ISS2.249.PP187-198","DOIUrl":"https://doi.org/10.28946/SLREV.VOL3.ISS2.249.PP187-198","url":null,"abstract":"The research aims to analyze the factors why the Religious Court judges do not use their ex officio rights in divorce lawsuits. In divorce case, the defendant who does not have any knowledge about divorce laws generally does not ask for mut'ah and iddah to the plaintiff. The question of this research is what factors caused the judges of Religious Court in South Sumatera, especially Palembang and Kayuagung do not exercise the ex officio rights in determining the quality of mut'ah and iddah due to divorce. This research used normative juridical method with empirical juridical through statute approach and case approach. The results show that during 2017 the Religious Court of Palembang used only once its ex officio rightwhile the Religious Court of Kayuagung did it three times. The reasons are: the judges grant only the petitum of the petitioner solely for the reason that the defendant party does not file a counter-claim, in which judge’s reasoning is based on Article 178 paragraph (3) HIR/189 paragraph (3) RBG that the judge is prohibited from giving a verdict which is more than being petitioned known as the ultra petitum partium, the wife's side as the defendant never attended the hearing, the wife never gave an answer or response to the argument in the application of the plaintiff, the wife was not present in the verdict (verstek), the wife of nusyuz, (does not do her duties as wife) the husband is economically insufficient, the wife does not want to demand the maintenance of mut'ah and iddah, the judge sees the causality. This study suggests that judges should exercise their ex officio rights and give advice as well sufficient information to the wife in order to fulfill her rights and interests as the result of the divorce.","PeriodicalId":32073,"journal":{"name":"Sriwijaya Law Review","volume":"435 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76496651","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

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

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