JURNAL AKTA YUDISIA最新文献

{"title":"PENYELESAIAN SENGKETA BATAS ANTAR DAERAH","authors":"Andre Junianto Patongloan","doi":"10.35334/AY.V4I1.1023","DOIUrl":"https://doi.org/10.35334/AY.V4I1.1023","url":null,"abstract":"Abstract Inter-regional Border Dispute Resolution by Andre Junianto Patongloan and guided by Dr. Marthen B. Salinding, Salinding, SH, MH and Dr. Basri, SH, M.Kn. In a study of this, the formulation of the problem that is raised among others: 1. Urgency Affirmation of Region in the Formation of Territory, 2. Efforts Law Against Settlement Dispute Regional Boundaries. The study is intended to examine is normative and examine the issue of the legal use of the principles of law as well as by using a methodology approach to regulation law - law (statue approach) and the approach of the case (case approach). That regional autonomy is a promising manifestation for the region, which is tight relation to the boundaries of the area that was in the area of autonomous mentioned. Problems boundary area has a dimension that is very complex, such as; conflict social, conflict sources of the power of nature, conflict ethnicity /culture /ethnicity and so forth. Completion tiered by the Governor and the Minister in the State, is a form of public law in the name of the state. The role of the Governor and the Minister in the State shows the behavior of an active state, as affirmed in the principle of the modern state. Form of settlement of disputes boundary region between regions as part of the implementation of the functions of government found their Autonom organs of government ( vrijbevoegdheid), discretionary or Freiesermessen ), this is because the regulatory legislation that no-load norms are vague ( voge norm), the norm is open (open norm ) or contains a choice (choice) . In this case, it must be understood that what is done by a government organ is not in a capacity as a function of hearing or as a function of legislation. Settlement of disputes boundary region between regions that pursued by the mechanism of the law of the country through the agency of justice which there has been expected to provide legal certainty and a sense of justice. In preventing the confusion of the conflict norm on several levels of regulation law for the settlement of disputes boundary region between regions. the principle of cooperation between regions can be relied upon to translate legal certainty and provide a sense fair for the government area to organize and manage the limits of its territory as one of the supporting creation of the implementation of the autonomous regions that good.Keyword: Establishment of Regional, Local Limits, Settlement Dispute.","PeriodicalId":322454,"journal":{"name":"JURNAL AKTA YUDISIA","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131767522","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}

{"title":"PERLINDUNGAN HUKUM TRANSAKSI BISNIS INTERNASIONAL PADA ERA PERDAGANGAN BEBAS","authors":"Wiwin Dwi Ratna, Zulvia Makka","doi":"10.35334/ay.v3i1.987","DOIUrl":"https://doi.org/10.35334/ay.v3i1.987","url":null,"abstract":"ABSTRACTThe current international business transaction activity is not difficult, with the advancement of technology, the world provides ample opportunities and opportunities for the international community to make connections between them.. International business transactions are private law studies, where in private law the law provides wider opportunities for each party to make, agree and execute the clauses they make. However, it can not be said that in order to carry out such business activities, the parties must carefully understand and understand the legal norms in the countries of the opposing parties. This will greatly affect the implementation of the agreement. For that reason it is necessary for researchers to clarify the study of legal protection of international business transactions in the era of free trade.The following issues are Legal Principles of International business transactions in the era of free trade and Legal Certainty on International Business transactions. The method used is normative legal research.This research produces the Principles of law of international business transactions can be found in the rules of international treaty law which regulates the provisions of international business transactions. The provisions of the international convention on the Contracts for the International Sale of Goods (CISG) and the UNIDROIT Principle of International Contracts of 1994 and Legal certainty in international business contracts can be seen from the legal source of international business contracts. Not surprisingly, when different business actors of citizenship conduct international business transactions, they will consent to law enforcement of one of the business actors. Keywords: Legal Protection, International Business Transactions, Free Trade","PeriodicalId":322454,"journal":{"name":"JURNAL AKTA YUDISIA","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-10-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115541167","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}

{"title":"PENCATATAN PERKAWINAN TINJAUAN BERDASARKAN UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN DAN HUKUM ISLAM","authors":"Basri Basri","doi":"10.35334/ay.v2i1.975","DOIUrl":"https://doi.org/10.35334/ay.v2i1.975","url":null,"abstract":"AbstractThe main problem in this research is, the marriage registration linked to the validity of a marriage according to Law No. 1 of 1974 and the Law of Islam as well as the legal consequences of marriage were not recorded according to Law No. 1 of 1974 and the Law of Islam.This research is penelitianYuridis Normative namely legal research using secondary data sources in the form of literature votes. research that emphasizes the science of law, tried to examine the legal principles that apply in the community and as supporting research carried Normative method.Marriage has been done according to the law of each religion and his belief that (a valid marriage according to religious law) must be registered in order to obtain legal protection. However, registration of marriage it does not specify when the validity of the marriage because of the validity of marriage is at the time held Munurut law of each religion and belief. Registration of marriages serves to record the occurrence of law concerning marriage, as well as the listing on the birth.The legal consequences of marriage were not recorded, although the religion or belief was valid, but the marriage conducted without the knowledge and supervision of employees marriage registrar does not have the force of law is certain. By law, it would be difficult demanding livelihood and legacy of the husband if the husband dies. Additionally wife is not entitled to the property (Gono-gini) in case of separation. The next legal consequences are children from the marriage that can not be listed deemed illegitimate children unless there is recognition of a father or a court decision.Although the validity of marriage is returned to the law of each religion and belief but the registration of marriages should be made legal by the state so that protection can be implemented to the maximum. And registration of marriages should be made at the same time with the implementation of the marriage. Keywords: Registration, Marriage, Validity","PeriodicalId":322454,"journal":{"name":"JURNAL AKTA YUDISIA","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-10-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125252897","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}

{"title":"PRINSIP-PRINSIP NEGARA HUKUM DALAM AL-QURAN DAN AS-SUNAH DAN IMPLEMENTASINYA DI INDONESIA","authors":"Siti Hamimah","doi":"10.35334/AY.V2I1.979","DOIUrl":"https://doi.org/10.35334/AY.V2I1.979","url":null,"abstract":"Abstract As known in the Republic of Indonesia, which is the basis of its legal life is Pancasila, both as outlined in the preamble nor the body of the Constitution of 1945. And therefore the whole law dibujo by the state or government in the broadest sense, is not permitted contrary to God's law, even more so, any order made law, must berksaran above and diktunjukan for the implementation of the law of God. It en el mar as a logical consequence than the precepts on God in Pancasila, which is legally binding, to the people and the government to put it into practice. Inside the Pancasila enviar, religion has a central position. In it, embodied the principle that puts religion and to the Lordship of the Almighty in a position first and foremost. Therefore, it can not not, religion, also, must, admittedly, has a position, which is important, main, deep, effort, reform, law, criminal, national. Therefore, the authors are interested, write to, approach, law, Islam, about, practice, constitutional, that is, Indonesia, by referring, on the principles, contained in the Qur'an and the Sunnah of the ProphetKeywords : Prinsiple, Pancasila, civil law","PeriodicalId":322454,"journal":{"name":"JURNAL AKTA YUDISIA","volume":"66 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-10-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123481543","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}

{"title":"PERBUDAKAN SEKSUAL (SEXUAL SLAVERY) SEBAGAI KEJAHATAN KEMANUSIAAN DAN PERANG DI BAWAH HUKUM INTERNASIONAL","authors":"Arif Nur Rohman","doi":"10.35334/AY.V2I1.976","DOIUrl":"https://doi.org/10.35334/AY.V2I1.976","url":null,"abstract":"Abstrac Almost every case of armed conflict both internal conflict and inter-state conflicts, violations that fall into the category of crimes against humanity. One such crime is sexual slavery. Nevertheless, the true multiple instrument products have set about sexual slavery, but in fact violations still occur, so how to regulate the instrument set up and how the application of the instrument. The approach used in this study a statutory approach and approach the case, it is intended to determine the international instruments which regulate and application of the crime of sexual slavery. Sexual slavery has been set up in several instruments and is a violation of the Fourth Geneva Conventions of 1949, Additional Protocol II of 1977, the Universal Declaration of Human Rights, the Rome Statute, anti-torture convention so that it can be regarded as war crimes. Sexual slavery is expressed as slavery not as rape. Evidently some tribunal (ICTY, ICTR, Tokyo Tribunal, and ICC) which has been in effect and entrap the perpetrators of sexual slavery was found guilty.Key words: Sexual slavery, Crime Humanity, War Crimes and International Law","PeriodicalId":322454,"journal":{"name":"JURNAL AKTA YUDISIA","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-10-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120944762","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}

{"title":"KEWENANGAN DEWAN PEMBINA DAN PENGENDALI PENGELOLAAN KOLABOATIF (DP3K) TAMAN NASIONAL KAYAN MENTARANG (TNKM) NASIONAL KAYAN MENTARANG (TNKM)","authors":"M. Gunawan","doi":"10.35334/AY.V2I1.977","DOIUrl":"https://doi.org/10.35334/AY.V2I1.977","url":null,"abstract":"Abstract KMNP (Taman Nasional Kayan Mentarang) collaborative management essentially an innovation in the management of National Parks in Indonesia that promote mutual interests, shared responsibility, the role and benefits between government, local communities and NGOs. In this paper, the issue raised is the authority of the Dewan Pembina dan Pengendali Pengelolaan Kolaboratif (DP3K) KMNP. The aim of this study was to determine and analyze the authority of the Board of Trustees and Collaborative Management Controller (DP3K) Kayan. This type of research is the study of normative juridical approach to legislation and conceptual approach and the use of primary and secondary law with a qualitative analysis approach. Based on the results, the conclusion that the authority DP3K TNKM among others embodies the aspirations of the parties in order to develop and control the implementation of collaborative management KMNP.Keywords: National Parks, collaborative management, Authority.","PeriodicalId":322454,"journal":{"name":"JURNAL AKTA YUDISIA","volume":"68 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-10-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121602060","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}

{"title":"KEDUDUKAN PERJANJIAN BERSAMA (PB) TERHADAP PERJANJIAN KERJA BERSAMA (PKB) DALAM HUBUNGAN INDUSTRIAL","authors":"Muhammad Holy One N Singadimedja","doi":"10.35334/AY.V2I1.981","DOIUrl":"https://doi.org/10.35334/AY.V2I1.981","url":null,"abstract":"ABSTRAKLegally that the relationship between workers and employers are the same even though the socio-economic position between employees and employers is different, the nature of the employment law has resulted in employment relationships are not always harmonious between workers / unions and employers in industrial relations, the number of employers who eliminate or reduce workers' rights to conduct collective bargaining (PB) to deviate the collective Labour agreement (CLA), whereas in the company there has been a Labour agreement (CLA) is still valid by reason of the collective labor agreement (CLA), which is not in accordance with laws and regulations.The conclusion obtained is that the position of the Collective Agreement (PB) as a Source of Law Autonomous Employment Law is part of the Collective Labor Agreement for the duration of the validity of PKB there are things that do not fit in the employment relationship so it is possible made the Collective Agreement which will then be included in the change PKB with the provisions PB must be registered at the Industrial Relations court, the legal effect of the NT tertentangan with CLA, PB may be declared null and void, cancellation of PB can be done through the judicial land in the area of collective agreements made, since the Industrial Relations court has no competence to resolve disputes cancellation of the Collective Agreement. Keywords: Position, the Collective Agreement, Working Agreement","PeriodicalId":322454,"journal":{"name":"JURNAL AKTA YUDISIA","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-10-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123461797","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}

{"title":"MEMPERLUAS MAKNA ZINA DALAM GUGATAN PERCERAIAN (Studi kasus putusan Pengadilan Agama Tigaraksa No. 1538/Pdt.G/2013/PA.Tgrs)","authors":"Umar Haris Sanjaya","doi":"10.35334/AY.V1I2.175","DOIUrl":"https://doi.org/10.35334/AY.V1I2.175","url":null,"abstract":"Abstract This study focused on discussing the meaning of zina laws that existed at the Compilation of Islamic Law and Government Regulation No. 9 Year 1975 on the implementation of Law No. 1 Year 1974 on Marriage, which the courts in applying the word adultery should also look at the changing patterns of behavior and adultery today. Adultery should no longer be defined as sexual intercourse with the entry of male into the female sex, but the behavior of adultery was bermcam-wide one is oral sex. Behavior oral sex is a matter of a lawsuit against a husband and wife on the grounds of adultery lawsuit, but the court rejected it. This study contains the problem is how judges interpret the word adultery in making judgments in divorce? whether oral sex can be classified into the word adultery? The study found that oral sex by law can not be regarded as adultery, but the act of adultery into. Proof of adultery can only be recognized when the entity relationship entry into the male female sex. In conclusion, the judges interpret the meaning of the word adultery adultery per se, but the behavior of adultery are now widely different patterns and actions. Justice should not only look at the regulations simply make judgments, but look at the pattern of behavior or adultery committed in defining the word adultery.Keywords: adultery, oral sex, meaning law","PeriodicalId":322454,"journal":{"name":"JURNAL AKTA YUDISIA","volume":"51 3 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":"129321581","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}

{"title":"KEWENANGAN BADAN PENGELOLAAN LINGKUNGAN HIDUP DALAM MELAKUKAN MEDIASI KASUS LINGKUNGAN (Studi kasus pada BPLH Kota Tarakan)","authors":"Wiwin Dwi Ratna","doi":"10.35334/ay.v1i2.970","DOIUrl":"https://doi.org/10.35334/ay.v1i2.970","url":null,"abstract":"Abstract Amendments to the laws on local government undnagan impact on local government authority in running the affairs of government. For 10 years Indonesian running the regional autonomy system using Law No. 32 of 2004 on local government, and amendments thereto, for the moment the law declared invalid by the enactment of Law No. 23 Year 2014 on Regional Government, the State Gazette of the Republic of Indonesia Year 2014 No. 244, on October 2, 2014. in the Act governing the affairs of government that must be done by the central government, provincial government and local government district / city. Some affairs are regulated in more detail in the Government Regulation No. 18 Year 2016 concerning the Region, which regulates the scope of authority in dealing with government affairs. PP No. 1/2016 outlining the areas that must be held in an area with indicator, scale of values that can be found local work load. Environmental Management itself in Law number 23/2014 and Government Regulation No. 1/2016 is a category / classified in the Mandatory government affairs unrelated to basic services.Keywords: Local authorities, Environment, government affairs","PeriodicalId":322454,"journal":{"name":"JURNAL AKTA YUDISIA","volume":"73 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":"115271639","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}

{"title":"KEBIJAKAN HUKUM PIDANA DALAM PERTANGGUNGJAWABAN KORPORASI DI BIDANG KETENAGAKERJAAN (Undang-Undang Nomor 13 Tahun 2003 Tentang Ketenagakerjaan)","authors":"Eric Prima Setiawan Eric Prima Setiawan","doi":"10.35334/AY.V1I2.973","DOIUrl":"https://doi.org/10.35334/AY.V1I2.973","url":null,"abstract":"Abstract The development process of modernization shows that corporations play an important role in society. However, in achieving the goals and interests, corporations occasionally commit acts in violation of the law and result in the victim suffering a loss. Corporations in the field of labor also commit offenses or crimes in the form of actions that ignore the security and safety of laborers. It means that the corporation has ignored the interest of the laborers. Act No. 13 of 2003 on Labor is the legal basis for the laborers. Therefore it is necessary to make unequi vocal and explicit arrangements about corporations’ liability in general within the act. The method used in this thesis is a normative juridical with a conceptual and legislation approach. Act No. 13 of 2003 on Labor still has not regulate explicitly the corporations’ liability to the victims of corporations’ crime. It is because there is no specific regulation on sanctions replacement if the corporation does not pay the principal financial penalties imposed and there is no provision governing when a corporation does not meet its obligations to pay for the rights and/or compensation to laborers. The effort of ius constituendum related to corporations' liability is to en act a separate regulation expressly and explicitly regarding corporations' liability in general within the act. Thus, the criminal law policy of corporations' liability in the field of labor can be realized.Keywords : Corporate, Corporations’ Liability, Labor.","PeriodicalId":322454,"journal":{"name":"JURNAL AKTA YUDISIA","volume":"66 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":"131273905","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}