JILS Journal of Indonesian Legal Studies最新文献_第7页

Constitutional Amendments: Making, Breaking and Changing Constitutions (2019). Oxford: Oxford University Press, 338 pages, ISBN 9780190640484 《宪法修正案:宪法的制定、破坏和修改》(2019)。牛津:牛津大学出版社，338页，ISBN 9780190640484

JILS Journal of Indonesian Legal Studies Pub Date : 2020-05-04 DOI: 10.15294/jils.v5i1.37674

B. Bisariyadi

{"title":"Constitutional Amendments: Making, Breaking and Changing Constitutions (2019). Oxford: Oxford University Press, 338 pages, ISBN 9780190640484","authors":"B. Bisariyadi","doi":"10.15294/jils.v5i1.37674","DOIUrl":"https://doi.org/10.15294/jils.v5i1.37674","url":null,"abstract":"When a constitutional judge willing to spend his time to give a review to a book, it is a great sign that the book has some appeals to offer. Yet, the book that is currently will be reviewed is not only discussed by one but two constitutional judges. At the end of November 2019, two constitutional judges, Saldi Isra and I Dewa Gede Palguna, discussed a book entitled â€œConstitutional Amendment: Making, Breaking and Changing Constitutionsâ€ written by Richard Albert. The attention to the book did not only appear in Indonesia. In the authorâ€™s origin, North America, the book received great acknowledgment from a wide range of legal and political scholars whom people often used to reference their works. Distinguished names like Bruce Ackerman, Tom Ginsburg, Ran Hirschl, Vicki Jackson and Mark Tushnet, encourage audiences to have a close examination of this recent Richard Albertâ€™s publication. Richard Albert, himself, is not a foreign name to political science communities, as well as constitutional law academics. Albert is one of the founders and editors of the International Journal of Constitutional Law (ICON). The book offers two distinct novelty as its strength. First, the book raised a very important issue in the constitutional discourse but rarely been discussed. the second strength of Albertâ€™s works is his mastery in capturing the constitutional amendment process in many countries around the globe and mapping them as well as structuring their similarities.","PeriodicalId":32877,"journal":{"name":"JILS Journal of Indonesian Legal Studies","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-05-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88650859","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

Relevance of Criminal Law Formulation in the Law of Domestic Violence Elimination in Indonesia 刑法制定与印度尼西亚消除家庭暴力法的相关性

JILS Journal of Indonesian Legal Studies Pub Date : 2020-05-04 DOI: 10.15294/jils.v5i1.35362

Dewi Setyowati, E. Rusdiana

引用次数: 4

What is the Position of Women in Law: A Book Review Women and the Law, Susan Atkins and Brenda Hoggett, Institute of Advanced Legal Studies, London UK, 2018, 284 Pages, ISBN 978-1911507109 《女性在法律中的地位:书评》，苏珊·阿特金斯、布伦达·霍格特，英国伦敦高等法律研究所，2018年，284页，ISBN 978-1911507109

JILS Journal of Indonesian Legal Studies Pub Date : 2020-05-04 DOI: 10.15294/jils.v5i1.34800

Leonardus Novena Dewangga

引用次数: 0

Water, Globalization, and Liberalization 水、全球化和自由化

JILS Journal of Indonesian Legal Studies Pub Date : 2020-05-04 DOI: 10.15294/jils.v5i1.34017

Ari Shoviani, Rodiyah Rodiyah

引用次数: 2

Obstruction of Justice in Corruption Cases 贪污案件中的妨碍司法

JILS Journal of Indonesian Legal Studies Pub Date : 2020-05-04 DOI: 10.15294/jils.v5i1.38575

D. Yuherawan

{"title":"Obstruction of Justice in Corruption Cases","authors":"D. Yuherawan","doi":"10.15294/jils.v5i1.38575","DOIUrl":"https://doi.org/10.15294/jils.v5i1.38575","url":null,"abstract":"The purpose of this article is to analyze the investigation authority of the Corruption Eradication Commission (KPK) on the counteraction case of corruption justice process. The reason for the writing is the existence of different interpretation of the authority of the KPK Investigator to conduct an investigation on the counteraction case of justice process in Article 21 of Law No. 31 of 1999 concerning Eradication of Corruption Law junto Law No. 20 of 2001 concerning Amendment to Law Number 31 of 1999 concerning Eradication of the Corruption (the Law of Corruption Act). The analysis method of the problem formulation applies Grammatical Interpretation, Systematic Interpretation, and Teleological Interpretation. The legislation analyzed, besides the Anti-Corruption Law, is the Decree of the Peopleâ€™s Consultative Assembly of the Republic of Indonesia Number XI / MPR / 1998 concerning State Administrators that are clean and free of corruption, collusion, and nepotism; also Law Number 30 of 2002 concerning the Corruption Eradication Commission junto Law Number 10 of 2015 concerning the Establishment of Government Regulations in lieu of Law Number 1 of 2015 concerning Amendments to Law Number 30 of 2002 concerning the Corruption Eradication Commission. The conclusion of this article is that the KPK Investigator is not authorized to conduct an investigation on the counteraction case of corruption justice process.","PeriodicalId":32877,"journal":{"name":"JILS Journal of Indonesian Legal Studies","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-05-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85236057","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: 8

Deprivation of Inmates in Conducting Imprisonment and Guidance in Penitentiary on Victimology Perspective 被害人学视角下的服刑剥夺与监狱指导

JILS Journal of Indonesian Legal Studies Pub Date : 2020-05-04 DOI: 10.15294/jils.v5i1.38520

A. Angkasa

{"title":"Deprivation of Inmates in Conducting Imprisonment and Guidance in Penitentiary on Victimology Perspective","authors":"A. Angkasa","doi":"10.15294/jils.v5i1.38520","DOIUrl":"https://doi.org/10.15294/jils.v5i1.38520","url":null,"abstract":"Prisoners who undergo imprisonment tend to experience 5 (five) types of deprivation, deprivation of liberty, deprivation of goods and services, deprivation of heterosexual relationships, deprivation of heterosexual experiences, deprivation of liberty deprivation of autonomy, and deprivation of security. The research was conducted with a sociological juridical approach with a sample of Cipinang Class I Correctional Institution research sites and Banjarmasin Class II Correctional Institution as a correctional facility with prisoners' occupancy levels in excess of available capacity (overpopulation). In conditions with very high percentage of overpopulation, deprivation in the perspective of victimization has created victims in this case individual prisoners are caused because the Ministry of Law and Human Rights in this case the prison has carried out policies and actions that are not in accordance with existing provisions especially related to several provisions of Article 12 of the Republic of Indonesia Law No. 12 of 1995 Concerning Corrections, as well as the 4 (four) principles of the 10 (ten) Correctional Principles as stipulated in the Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number 11 of 2017 About the Grand Design Overcrowded Handling in State Detention Centers and Penitentiaries. Efforts to reduce the existence of overpopulation or overcrowded that can cause victims of human rights violations for prisoners have been carried out through the Minister of Law and Human Rights Regulation of the Republic of Indonesia Number 11 of 2017, but not yet effective.","PeriodicalId":32877,"journal":{"name":"JILS Journal of Indonesian Legal Studies","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-05-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85428574","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

Criminal Policy of Adultery in Indonesia 印度尼西亚通奸的刑事政策

JILS Journal of Indonesian Legal Studies Pub Date : 2020-05-04 DOI: 10.15294/jils.v5i1.36786

A. Widyawati

引用次数: 3

The Complicated Conditions on Indonesian Law Enforcement: A Book Review Kumpulan Catatan Hukum, Dr. Reda Manthovani SH LLM, Bhuana Ilmu Populer (Kelompok Gramedia), Jakarta, 2017, 234 pages, ISBN 978-602-394-630-3

JILS Journal of Indonesian Legal Studies Pub Date : 2020-05-04 DOI: 10.15294/jils.v5i1.34790

Nabilla Banuati

引用次数: 1

Final Income Tax: A Classic Contemporary Concept to Increase Voluntary Tax Compliance among Legal Professions in Indonesia 最终所得税:一个经典的当代概念，以增加印尼法律职业的自愿纳税

JILS Journal of Indonesian Legal Studies Pub Date : 2020-05-04 DOI: 10.15294/jils.v5i1.37308

David Tan, Lu Sudirman

{"title":"Final Income Tax: A Classic Contemporary Concept to Increase Voluntary Tax Compliance among Legal Professions in Indonesia","authors":"David Tan, Lu Sudirman","doi":"10.15294/jils.v5i1.37308","DOIUrl":"https://doi.org/10.15294/jils.v5i1.37308","url":null,"abstract":"Legal profession such as advocate, law consultant and civil law notary is a profession in law that plays a dominant role in providing legal services to the Indonesian public. By providing the legal services, they are entitled to receive honorarium in return. Empirical facts actually show that these legal professionsâ€™ tax compliance are still lacking. Main questions in this research are the legal aspects related to income tax on honorariums received by legal professions in connection with the legal services they provide and the concept of reconstruction to the laws and regulations related to income tax on honorarium received by legal professions. This research will answer the legal aspects related to the laws on income tax on these legal professionsâ€™ honorarium in Indonesia and the concept of reconstruction of the regulations related to income tax on these legal professionsâ€™ honorarium so that it may provide positive impetus to the legal professionâ€™s tax compliance, and in turn contributes to the welfare of the nation. This normative juridical research approach is conducted using secondary data consisting of primary, secondary and tertiary legal materials. The aspects of the reconstruction are using the philosophical, constitutional and juridical paradigmatic studies with the Utilitarianism Theory by Jeremy Bentham, Progressive Legal Theory by Satjipto Rahardjo and Legal System Theory by Lawrence M. Friedman as basis of analysis. The results of this study found that there is a concept of contemporary reconstruction to the laws and regulations related to the income tax on honorarium received by legal professionals.","PeriodicalId":32877,"journal":{"name":"JILS Journal of Indonesian Legal Studies","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-05-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84223689","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: 4

Regional Financial Transparency Towards Independence of Development and Good Governance 区域财政透明度走向独立发展和善治

JILS Journal of Indonesian Legal Studies Pub Date : 2020-05-04 DOI: 10.15294/jils.v5i1.34132

E. Suryana, M. Akla

引用次数: 1