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Controversial Issues on the Making of Notarial Deed Containing Chained Promise (Beding Berantai) on the Freedom of Contract Principle 契约自由原则下含链式承诺公证契据制作之争议问题
JILS Journal of Indonesian Legal Studies Pub Date : 2019-11-03 DOI: 10.15294/jils.v4i2.31091
David Tan
{"title":"Controversial Issues on the Making of Notarial Deed Containing Chained Promise (Beding Berantai) on the Freedom of Contract Principle","authors":"David Tan","doi":"10.15294/jils.v4i2.31091","DOIUrl":"https://doi.org/10.15294/jils.v4i2.31091","url":null,"abstract":"In carrying out the duties as a civil law notary, it is possible that they find himself/herself composing a deed containing chained promise (beding berantai). Departing from this background, it can be drawn that the formulation of the problem, among others, how is the position of chained promise (beding) in Indonesian civil law order and how is the role of civil law notary balancing legal protection for the parties in making deed containing chained promise (beding). Another controversial issue is the chained beding faced with the freedom of contract principle. The purpose of this research is to understand the position of chained promise (beding) in Indonesian civil law order and the role of civil law notary balancing legal protection for the parties in making deed containing chained promise (beding). To answer the questions, a juridical normative approach is conducted. To obtain legal materials needed, it is then carried out by searching, collecting and reviewing library materials, legislation, research results, scientific works and other written documents. Data obtained from the result of study will then be analyzed qualitatively. From the results of study, it is known that chained promise (beding berantai) is an instrument or a way to transfer rights/obligations arising from an agreement to the party that obtains rights based on a special title. Recommendations given to the stakeholders are, namely civil law notary themselves in carrying out their duties and positions so that he/she could pay more attention to the points represented in his/her product of authentic (notarial) deed.","PeriodicalId":32877,"journal":{"name":"JILS Journal of Indonesian Legal Studies","volume":"7 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-11-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90649029","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
Indonesia Response and Recent Development of Law and Policy in Addressing Marine Plastic Litter 印度尼西亚在处理海洋塑料垃圾方面的反应和法律政策的最新发展
JILS Journal of Indonesian Legal Studies Pub Date : 2019-11-03 DOI: 10.15294/jils.v4i2.34757
M. Maruf
{"title":"Indonesia Response and Recent Development of Law and Policy in Addressing Marine Plastic Litter","authors":"M. Maruf","doi":"10.15294/jils.v4i2.34757","DOIUrl":"https://doi.org/10.15294/jils.v4i2.34757","url":null,"abstract":"Marine plastic litter is one of the major problems that undermine the Indonesian Government’s vision for making the sea as the future for the Indonesian nation. Marine areas of Indonesia are endangered by the massive plastic pollution, which is causing serious marine environmental problems. Indonesia is referred to as the biggest source of plastic waste in Southeast Asia and second biggest in the world. Indonesia government through Presidential Decree No. 7/2017 has established National Plan of Action (NPOA) on Marine Plastic Debris Management to strengthen the Indonesian commitment in reducing marine plastic litter. Furthermore, the Indonesian government also enacted Presidential Regulation No. 83/2018 on Handling Marine Litter. Thus, the present study argues that it is of paramount necessity to assess the impact of the legal framework regulating marine plastic litter in Indonesia in order to identify the lacuna in the existing legislative and policy framework for dealing with marine environmental pollution caused by marine plastic litter.","PeriodicalId":32877,"journal":{"name":"JILS Journal of Indonesian Legal Studies","volume":"198 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-11-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90950997","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
Revocation of Political Rights of The Perpetrators of Criminal Acts of Corruption 贪污罪行为人政治权利的撤销
JILS Journal of Indonesian Legal Studies Pub Date : 2019-08-25 DOI: 10.15294/jils.v4i2.29689
M. S. E. Wangga, Pujiyono Pujiyono, B. Arief
{"title":"Revocation of Political Rights of The Perpetrators of Criminal Acts of Corruption","authors":"M. S. E. Wangga, Pujiyono Pujiyono, B. Arief","doi":"10.15294/jils.v4i2.29689","DOIUrl":"https://doi.org/10.15294/jils.v4i2.29689","url":null,"abstract":"The purposes of this paper are to identify and examine the revocation of political rights for corruptors as an extra-ordinary measure. The research showed that law enforcement through penal policies still have shortcomings such as light criminal sentence for perpetrators of criminal acts of corruption as well as lack of awareness among judges to apply the additional sentence of fixed-time revocation of rights. Penal law enforcement requires integral and sustainable policies through non-penal policies (prevention). Preventive efforts should be responsive to the demands of the community at large for officials who are clean, honest and who have integrity. Non-penal law shall be enforced through the concept of developing smart and integrity-based politics.","PeriodicalId":32877,"journal":{"name":"JILS Journal of Indonesian Legal Studies","volume":"87 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-08-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90179248","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
JILS Volume 4 Issue 1, May 2019 JILS第4卷第1期2019年5月
JILS Journal of Indonesian Legal Studies Pub Date : 2019-05-08 DOI: 10.15294/jils.v4i01.30206
Admin Jils
{"title":"JILS Volume 4 Issue 1, May 2019","authors":"Admin Jils","doi":"10.15294/jils.v4i01.30206","DOIUrl":"https://doi.org/10.15294/jils.v4i01.30206","url":null,"abstract":"","PeriodicalId":32877,"journal":{"name":"JILS Journal of Indonesian Legal Studies","volume":"49 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-05-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79096739","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 Women in International Relationship: A Book Review Gender & Hubungan Internasional, Ani Seotjipto, Jalasutra Bandung, 2013, 320 pages, ISBN 978-602-825-293-5 《女性在国际关系中的地位:书评》，《性别与Hubungan国际》，Ani Seotjipto, Jalasutra万隆，2013,320页，ISBN 978-602-825-293-5
JILS Journal of Indonesian Legal Studies Pub Date : 2019-05-07 DOI: 10.15294/jils.v4i01.30175
Ridho Dwiky Tastama
{"title":"The Position of Women in International Relationship: A Book Review Gender & Hubungan Internasional, Ani Seotjipto, Jalasutra Bandung, 2013, 320 pages, ISBN 978-602-825-293-5","authors":"Ridho Dwiky Tastama","doi":"10.15294/jils.v4i01.30175","DOIUrl":"https://doi.org/10.15294/jils.v4i01.30175","url":null,"abstract":"This book also includes various forms of examples of statements of international agreements between countries such as: Singapore Declaration of 1992, Scale of Assessments, Rule of Procedure of the General Assembly, Resolution 1514 (XV): Declaration on the Granting of Independence to Colonial Countries and Peoples, Resolution 1514 (XV): Principles Which Should Be a Guide for Determining whether or not An Obligation Existence to Information of the Charter of the United Nations, and Declaration of Principles of International Law Concerning Friendly Relations and Co-operation among States in Accordance with the Charter of the United Nations. This book explains how to look at international relations in terms of gender as well as feminism, mostly in this book discussing women and their human rights in international relations in the world. The author wrote this book based on his perspective as a subject of women's law to international law. This book uses language that is easily understood and understood by students so it is very helpful in learning activities and very helpful in giving references in making lectures related to international relations.","PeriodicalId":32877,"journal":{"name":"JILS Journal of Indonesian Legal Studies","volume":"43 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-05-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87444712","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
Penal Policy and the Complexity of Criminal Law Enforcement: Introducing JILS 4(1) May 2019 Edition 刑事政策与刑事执法的复杂性:介绍JILS 4(1) 2019年5月版
JILS Journal of Indonesian Legal Studies Pub Date : 2019-05-07 DOI: 10.15294/jils.v4i01.30189
D. Muhtada, Ridwan Arifin
{"title":"Penal Policy and the Complexity of Criminal Law Enforcement: Introducing JILS 4(1) May 2019 Edition","authors":"D. Muhtada, Ridwan Arifin","doi":"10.15294/jils.v4i01.30189","DOIUrl":"https://doi.org/10.15294/jils.v4i01.30189","url":null,"abstract":"AFTER the previous edition of JILS raised the theme of “Crimes and Society: General Issues on Criminal Law in Indonesia”, in this edition JILS wanted to explore various cases and developments in criminal law enforcement. The complexity of criminal law enforcement in many conditions presents a variety of debates, ranging from legality and non-retroactive principles of law which in certain cases find discrepancies between facts and existing theories. In addition, criminal law which is considered ultimum remedium and has the character of a double-edged sword, on the one hand protects the interests of victims and the public but on the other hand injures the rights of the accused, becomes very complex because of its relation to the protection of human rights. In order to provide the most up-to-date discourse in the development of criminal law enforcement, in this edition we take the theme “Penal Policy and The Development of Criminal Law”. This theme provides a different perspective for readers relating to criminal law policy and formulation of criminal law enforcement. In this edition, we received a large number of articles sent to the editorial desk, therefore it requires considerable time in choosing, reviewing and giving our best feedback and comments to the authors. To highlight the development of criminal law enforcement, this Journal volume is dedicated to discuss several issues related to the penal policy and development of criminal law enforcement.","PeriodicalId":32877,"journal":{"name":"JILS Journal of Indonesian Legal Studies","volume":"37 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-05-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90370681","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
Progress and Decline of Legal Thought: Ex-Corruptor as a Legislative Candidate (Analysis of General Election Commission Regulation (PKPU) No. 20/2018) 法律思想的进步与衰落:作为立法候选人的前腐败分子(《选举管理委员会条例》第20/2018号分析)
JILS Journal of Indonesian Legal Studies Pub Date : 2019-05-06 DOI: 10.15294/jils.v4i01.29690
Emanuel Raja Damaitu
{"title":"Progress and Decline of Legal Thought: Ex-Corruptor as a Legislative Candidate (Analysis of General Election Commission Regulation (PKPU) No. 20/2018)","authors":"Emanuel Raja Damaitu","doi":"10.15294/jils.v4i01.29690","DOIUrl":"https://doi.org/10.15294/jils.v4i01.29690","url":null,"abstract":"KPU Regulation Number 20 the Year 2018 is one of the rules that must be adhered to regarding legislative candidates who will be registered as participants in the legislative elections. The KPU regulation was decided by the Supreme Court as a statutory regulation that is not in accordance with the laws and regulations related to the election on it. In fact, normatively, the provisions in the KPU Regulation are in accordance with the rules for the formation of legislation. Normatively, banning legislative candidates who are former prisoners of corruption is a progressive effort from the government to create a government free of corruption. The prohibition does not violate the concept of human rights protection.","PeriodicalId":32877,"journal":{"name":"JILS Journal of Indonesian Legal Studies","volume":"17 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-05-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90161356","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
Law Enforcement Policy on Violation of Illegal Cigarette Circulation in Indonesia (Study on Indonesian Customs Directorate General) 印尼打击非法卷烟流通的执法政策(研究印尼海关总署)
JILS Journal of Indonesian Legal Studies Pub Date : 2019-05-06 DOI: 10.15294/jils.v4i01.29176
Cahyo Baskoro Indra Maulana
{"title":"Law Enforcement Policy on Violation of Illegal Cigarette Circulation in Indonesia (Study on Indonesian Customs Directorate General)","authors":"Cahyo Baskoro Indra Maulana","doi":"10.15294/jils.v4i01.29176","DOIUrl":"https://doi.org/10.15294/jils.v4i01.29176","url":null,"abstract":"The tax regulation is subject to a criminal act, then the Government in this Directorate of the General of Customs and Excise supervision, the circulation of illegal cigarettes. This research was conducted by the Directorate General of Customs and Excise as well as a crackdown on illegal cigarettes. This research uses the juridical normative method. Results of the study concludes as follows: first, the examination of the goods, examination of the goods, building or other place, letter or document to the goods, or against the people, against the Enforcement of goods and means of transport; and Locking, sealing, and / or sticking a necessary safeguards against goods or means of transport. Second, the efforts of the Directorate General of Performance and Surveillance, Dissemination, coaching against the cigarette companies, opening up information services and billing, complaints against criminal acts of illegal cigarettes.","PeriodicalId":32877,"journal":{"name":"JILS Journal of Indonesian Legal Studies","volume":"12 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-05-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90997242","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
Fostering as an Alternative Sanction for Juveniles in the Perspective of Child Protection in Indonesia 从印度尼西亚儿童保护的角度看寄养作为对青少年的一种替代制裁
JILS Journal of Indonesian Legal Studies Pub Date : 2019-05-06 DOI: 10.15294/jils.v4i01.29315
Ratri Novita Erdianti, Sholahuddin Al-Fatih
{"title":"Fostering as an Alternative Sanction for Juveniles in the Perspective of Child Protection in Indonesia","authors":"Ratri Novita Erdianti, Sholahuddin Al-Fatih","doi":"10.15294/jils.v4i01.29315","DOIUrl":"https://doi.org/10.15294/jils.v4i01.29315","url":null,"abstract":"Crimes committed by juveniles today continue to grow, as well as various law enforcement approaches. Juveniles as legal subjects have special attention not only in matters of children’s rights but also in the punishment of children. Various crimes committed by juveniles occur a lot and lead to no longer what is called juvenile delinquency, but a serious crime. The Child Protection Act and the Child Criminal Justice System Law explicitly regulate the protection of children’s rights in the context of human rights. Fostering sanctions for juveniles are one of the ways that are encouraged compared to providing severe criminal sanctions, while here another criminal law is a double-edged sword and ultimum remedium. This paper examines efforts to guide children as an alternative sanction in juvenile criminal law. Studies in this paper include studies of Child Criminal Law, Criminal Law, Human Rights, and the Law on Child Protection.","PeriodicalId":32877,"journal":{"name":"JILS Journal of Indonesian Legal Studies","volume":"16 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-05-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83490289","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: 18
The Completion Pattern of Adultery Case Based on the Customary Law of Sabunese 基于Sabunese习惯法的通奸案件完成模式
JILS Journal of Indonesian Legal Studies Pub Date : 2019-05-02 DOI: 10.15294/jils.v4i01.26962
Gery Mario Paulus, J. Pello, Aksi Sinurat
{"title":"The Completion Pattern of Adultery Case Based on the Customary Law of Sabunese","authors":"Gery Mario Paulus, J. Pello, Aksi Sinurat","doi":"10.15294/jils.v4i01.26962","DOIUrl":"https://doi.org/10.15294/jils.v4i01.26962","url":null,"abstract":"Adultery, according to Sabu Society is relations between a man who is bound a custom matrimony or religious marriage with a woman who is bound a matrimony or one of them has bound in a matrimony. Adultery, based on the positive law is ruled in chapter 284 book of Undang-Undang Hukum Pidana (KUHP). Chapter 284 KUHP has the point that a man or woman who has been married and doing adultery (overspel). The point in chapter 284 KUHP has similarity with the point in customary law of Sabunese, namely adultery is conducted with someone (man or woman) who has been joined in matrimony. Based on the research has been done, it found that the people of Sabu is prefer to completing adultery customarily because of some factors, that is: sanction and serious fine, it is normally using the completion customarily with the people of Sabu,the justice law based on the people of Sabu, the effect of completion and completion pattern. Two patterns of completion which appears in completion process of adultery based on the customary law of Sabu is the completion pattern in kinship way which are preventing and protecting.","PeriodicalId":32877,"journal":{"name":"JILS Journal of Indonesian Legal Studies","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-05-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78988867","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
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