Yustisia最新文献_第7页

A HOLISTIC APPROACH OF AMNESTY APPLICATION FOR BAIQ NURIL MAKNUN IN THE FRAMEWORK OF CONSTITUTIONAL LAW OF INDONESIA 印尼宪法框架下对马克努恩特赦申请的整体探讨

Yustisia Pub Date : 2019-10-01 DOI: 10.20961/YUSTISIA.V8I2.32852

Reda Manthovani, Kukuh Tejomurti

{"title":"A HOLISTIC APPROACH OF AMNESTY APPLICATION FOR BAIQ NURIL MAKNUN IN THE FRAMEWORK OF CONSTITUTIONAL LAW OF INDONESIA","authors":"Reda Manthovani, Kukuh Tejomurti","doi":"10.20961/YUSTISIA.V8I2.32852","DOIUrl":"https://doi.org/10.20961/YUSTISIA.V8I2.32852","url":null,"abstract":"The Supreme Court has rejected a petition for case review from Baiq Nuril Maknun, a West Nusa Tenggara woman who was convicted of defamation against her alleged sexual harasser. Justices Margono, Desniyati and Suhadi rejected Nuril’s challenge against the Supreme Court's decision in September 2018, which found Nuril guilty of violating Article 27 of the Electronic Information and Transactions (ITE) Law and sentenced her to six months in prison and a fine of Rp 500 million (US$34,644). The defamation case has been criticized for using the controversial law to incriminate an alleged victim of sexual harassment, when the Mataram Education Agency reported Nuril for recording the phone call.This research is prescriptive normative research namely, legal research that takes legal issues as a norm system used to provide prescriptive justifications about a legal event. From Nuril’s case we can see the laws are sorely inadequate, case in point the Electronic Information and Transactions Law (ITE Law), that got her into trouble. It’s so rubbery, it can be interpreted any way anyone wants. Amnesty should be given to Baiq Nuril Maknun because amnesty is the authority of the President for the interests of the state, in this case human rights and citizens' rights to get legal protection and free from discrimination and Law Number 11 Drt In 1954, yet it contradicted the constitution in cases and institutions, because Article 14 paragraph (2) of the 1945 Constitution of the Republic of Indonesia had no case restrictions in granting amnesty and was carried out with consideration of the People’s Representative Council of The Republic of Indonesia.","PeriodicalId":33244,"journal":{"name":"Yustisia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49039521","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

ENVIRONMENTAL CONCERN UNDER INDONESIA’S PREFERENTIAL TRADE AGREEMENTS (PTAs) 印度尼西亚优惠贸易协定下的环境问题

Yustisia Pub Date : 2019-10-01 DOI: 10.20961/YUSTISIA.V8I2.24594

I. P. Widiatedja

{"title":"ENVIRONMENTAL CONCERN UNDER INDONESIA’S PREFERENTIAL TRADE AGREEMENTS (PTAs)","authors":"I. P. Widiatedja","doi":"10.20961/YUSTISIA.V8I2.24594","DOIUrl":"https://doi.org/10.20961/YUSTISIA.V8I2.24594","url":null,"abstract":"International trade has resulted positive impacts, such as alleviating poverty and increasing jobs. All countries then start concluding trade agreements multilaterally, regionally and bilaterally. The existence of preferential trade agreements is increasingly significant due to the deadlock of multilateral trade agreements. Although providing benefits, international trade has adversely affected environment. Some international treaties suggest how countries should include environmental concern in their PTAs. Unlike traditional PTAs, most of modern PTAs have incorporated environmental concern, reconciling the goal of trade liberalization and environmental protection. In Indonesia, there is a link between international trade and environmental harm. This article aims to show the existing Indonesia’s PTAs, analysing how Indonesia has put, and how it should put environmental concern in its PTAs. This article argues that only a few Indonesia’s PTAs have incorporated environmental concern in their provisions. Moreover, when they include environmental concern, there is no further elaboration on how this process should be undertaken. Compare to other existing PTAs, Indonesia should start incorporating environmental concern in its PTAs, and then allow the right of government to impose protective measure in order to preserve environment. ","PeriodicalId":33244,"journal":{"name":"Yustisia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46326898","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

INEFFECTIVENESS OF THE LAW ON CROSS INSOLVENSI UNCITRAL MODEL 论交叉破产法律的无效性不文明模式

Yustisia Pub Date : 2019-04-28 DOI: 10.20961/YUSTISIA.V0IXX.27858

Sefriani

{"title":"INEFFECTIVENESS OF THE LAW ON CROSS INSOLVENSI UNCITRAL MODEL","authors":"Sefriani","doi":"10.20961/YUSTISIA.V0IXX.27858","DOIUrl":"https://doi.org/10.20961/YUSTISIA.V0IXX.27858","url":null,"abstract":"Legal problems due to cross border insolvency are increasingly complex. The United Nations has issued the 1997 Model Law on Cross border Insolvency (CBI) to help countries solve their CBI problems. However, this model law is not effective because very few countries adopted it. The legal problem studied is why very few countries adopted the model law and how to overcome the ineffectiveness of the model law. The results of the study indicate that the lack of adoption of the model law caused by: the model law is only a non-binding legislative text; Too much flexibility encourages deviations from the provisions; do not want to reduce their sovereignty, status quo, international cooperation recommended by the model law is not always of primary interest, and many countries have been bound by international agreements on regional CBI which are considered more relevant than the model law. The solutions that can be suggested to overcome the ineffectiveness of the model law on CBI are national bankruptcy laws mechanism; the International Treaties and Conventions mechanism; Rules, Regulations, Principles and Guidelines mechanisms and protocol or adhoc agreements.Treaties and Conventions; mekanisme Rules, Regulations, Principles and Guidelinesan dan mekanisme pembuatan protocol atau adhoc agreement.Kata kunci: model law; kepailitan lintas batas negara; adopsi ","PeriodicalId":33244,"journal":{"name":"Yustisia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45133093","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

ANTI-DISCRIMINATION IN EMPLOYMENT REGULATION FOR PERSONS WITH DISABILITIES IN INDONESIA 印度尼西亚残疾人就业条例中的反歧视

Yustisia Pub Date : 2019-04-28 DOI: 10.20961/YUSTISIA.V0IXX.28016

W ImmaIndraDewi

{"title":"ANTI-DISCRIMINATION IN EMPLOYMENT REGULATION FOR PERSONS WITH DISABILITIES IN INDONESIA","authors":"W ImmaIndraDewi","doi":"10.20961/YUSTISIA.V0IXX.28016","DOIUrl":"https://doi.org/10.20961/YUSTISIA.V0IXX.28016","url":null,"abstract":"Anti-discrimination is known as equal opportunity and treatment which is the right of every citizen in each aspects of life. The principles of anti-discrimination must be included in every product of legislation, including the employment regulation for persons with disabilities in Indonesia. Anti-discrimination in employment regulation for persons with disabilities have been included in the Indonesian constitution. In addition, it has also been adopted in various articles on legislation,regulating about employment for persons with disabilities, namely Law Number 3 of 2013, Law Number 19 of 2011 and LawNumber 8 of 2016. In substance, the law that guarantees the rights of persons with disabilities in a number of laws and regulations in Indonesia is sufficient. However, the regulation in Law Number 13 of 2003 on The Labor Law is not yet clear. Adjustments need to be made on Law Number 13 of 2003, Law Number 19 of 2011, and Law Number 8 of 2016. The need for the many provisions of labor laws that have not been implemented, thus it requires affirmative action to realize equal opportunities in all aspects of life and livelihood for persons with disabilities.","PeriodicalId":33244,"journal":{"name":"Yustisia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46389189","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

GOVERNMENT-OWNED ENTERPRISES (GOEs) IN INDONESIA’S COMPETITION LAW AND PRACTICE 印尼竞争法律与实践中的国有企业

Yustisia Pub Date : 2019-04-27 DOI: 10.20961/YUSTISIA.V0IXX.21740

A. Siswanto, Marihot Janpieter Hutajulu

{"title":"GOVERNMENT-OWNED ENTERPRISES (GOEs) IN INDONESIA’S COMPETITION LAW AND PRACTICE","authors":"A. Siswanto, Marihot Janpieter Hutajulu","doi":"10.20961/YUSTISIA.V0IXX.21740","DOIUrl":"https://doi.org/10.20961/YUSTISIA.V0IXX.21740","url":null,"abstract":"In the competition law discourse, one of the controversial issues is the position of Government-Owned Enterprises (GOEs). There are basically two main views regarding the status of GOEs in the competition law. First, GOEs should be granted privileges, even excluded from the scope of business competition law. Secondly, since GOEs are basically businesses and competitors to private enterprises, GOEs must also be subject to competition law. This paper discusses the status of GOEs in Indonesia’s competition law, both in the context of normative framework and in the implementation of competition law provisions. For this purpose, this paper examine the rules of competition law governing the GOEs and analyze some cases of alleged violations of competition law examined by the KPPU as the Indonesian competition authority. This study found that basically Indonesia’s competition law follows the so-called “competitive neutrality” principle in which the law treat both GOEs and private enterprises in equal manner. However, at the practical domain, the cases studied indicates that monopolistic or dominant position held by GOEs may be abused to favor subsidiaries which are in direct, head to head competition, with private enterprises. ","PeriodicalId":33244,"journal":{"name":"Yustisia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-04-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48957571","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

AN OVERVIEW OF FINANCIAL LAW AS AN INDEPENDENT BRANCH OF THE LEGAL SYSTEM OF THE REPUBLIC OF BULGARIA 概述作为保加利亚共和国法律体系的一个独立分支的金融法

Yustisia Pub Date : 2019-04-27 DOI: 10.20961/YUSTISIA.V0IXX.26202

S. Goleminova

引用次数: 0

THE ROLE OF SUPERVISORY JUDGE IN THE BANKRUPTCY OF FOUNDATION 监督法官在基金会破产中的作用

Yustisia Pub Date : 2019-04-27 DOI: 10.20961/YUSTISIA.V0IXX.28000

B. S. Rukmono

{"title":"THE ROLE OF SUPERVISORY JUDGE IN THE BANKRUPTCY OF FOUNDATION","authors":"B. S. Rukmono","doi":"10.20961/YUSTISIA.V0IXX.28000","DOIUrl":"https://doi.org/10.20961/YUSTISIA.V0IXX.28000","url":null,"abstract":"This article aims to find out how is the role of judges in overseeing the supervisory curator during the liquidation of the Foundation assets which is experiencing bankruptcy, as mandated in The Act No. 28 of 2004 about The Changes of Act no. 16 of 2001 about the Foundation and Act No. 37 of 2004 about Bankruptcy and Suspension of Payments of Debt. This Legal research is doctrinal and perspective. Source of the legal materials are used in the form of primary and secondary legal materials. The technique used in collecting the legal materials is study of librarianship. The technique used is analysis and interpretation of syllogism by using deductive thinking pattern. The results of the research and study produce a conclusion that these forms of control can be exercised by Supervisory Judge in supervising liquidation process while the curator of Foundation who has experienced bankruptcy is to provide licensing, approval, awarding, and proposal to curators in conducting the management and liquidation of bankrupt assets of foundation. Additional supervision conducted by Supervisory Judge is reporting responsibility of curator against the Builder ofthe Foundation regarding to the results of process of liquidation of Foundation’sassets which suffered bankruptcy. In addition, Supervisory Judge also examine the results of liquidation which is performed by curator over the clearing of the foundation’s assetswhich is experiencing bankruptcy.","PeriodicalId":33244,"journal":{"name":"Yustisia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-04-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46824480","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 CONCEPT OF AUTHORIZATION (BEZIT) IN SALES AND PURCHASE TRANSACTIONS OF VIRTUAL PROPERTY 虚拟财产买卖交易中的授权概念

Yustisia Pub Date : 2019-04-27 DOI: 10.20961/YUSTISIA.V0IXX.28182

Lintang Yudhantaka, Ninis Nugraheni

引用次数: 2

THE CONSEPT AND ITS IMPLEMENTATION OF INDONESIAN LEGISLATIVE ELECTIONS BASED ON THE PANCASILA DEMOCRACY PERSPECTIVE 基于潘卡西拉民主观点的印度尼西亚立法选举的构想及其实施

Yustisia Pub Date : 2019-04-27 DOI: 10.20961/YUSTISIA.V0IXX.13226

F. X. Wartoyo, Benyamin Tungga

{"title":"THE CONSEPT AND ITS IMPLEMENTATION OF INDONESIAN LEGISLATIVE ELECTIONS BASED ON THE PANCASILA DEMOCRACY PERSPECTIVE","authors":"F. X. Wartoyo, Benyamin Tungga","doi":"10.20961/YUSTISIA.V0IXX.13226","DOIUrl":"https://doi.org/10.20961/YUSTISIA.V0IXX.13226","url":null,"abstract":"Indonesia’s democracy system was built on the basis and the strength of Pancasila, which did not favor the excessive desires of individual negotiations (liberalism) neither absolute state domination, non-liberalism, namely direct and indirect democracy that was once practiced. Those forms have their own weaknesses, but this paper will only highlight the positive side of the open democratic system, sincerely the democratic system of this nation is Pancasila democracy which refers to those two major forces of democracy. The implementation of Pancasila’s democracy in the Legislative Election can be shown in Law Number 7 of 2017 on the General Elections 2019 in Indonesia. The history of the implementation of elections in Indonesia revealed a variety of dynamics indicated by several changes in the constitutional law which were used as the basis for the implementation of elections. The publication of the Election Law is the elaboration of the provisions of Article 22E of the 1945 Indonesian Constitution. This means that the principles of democracy contained within 1945 Constitution of the Republic of Indonesia, must become the main foundations in designing norms in Law Number 7 of 2017 on the General Elections 2019, as happened, it turns out that the parliamentary threshold regulation within the Constitutional Law are ineffective in implementing this democracy.","PeriodicalId":33244,"journal":{"name":"Yustisia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-04-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46266433","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

FOREIGN DIRECT INVESTMENT LAW IN ASEAN COUNTRIES: PROSPECT FOR ASEAN ECONOMIC COMMUNITY 东盟国家的外国直接投资法:东盟经济共同体的前景

Yustisia Pub Date : 2019-04-27 DOI: 10.20961/YUSTISIA.V0IXX.21918

M. Mohamad

{"title":"FOREIGN DIRECT INVESTMENT LAW IN ASEAN COUNTRIES: PROSPECT FOR ASEAN ECONOMIC COMMUNITY","authors":"M. Mohamad","doi":"10.20961/YUSTISIA.V0IXX.21918","DOIUrl":"https://doi.org/10.20961/YUSTISIA.V0IXX.21918","url":null,"abstract":"The development of ASEAN towards the establishment of ASEAN Economic Community (AEC) at the end of 2015 has brought into sharp focus on the issue of economic and financial integration in the region. The ASEAN region has been the largest recipient of FDI, relative to GDP in Asia Pacific. Between 1952 and 2012, Singapore accounts for more than half of total FDI to the whole region. Thailand ranks the second with a 13 percent share, followed by Indonesia, Malaysia, Vietnam and the Philippines which account between 13 to 8 percent. Foreign direct investment into ASEAN recovered from the world economic crisis and regained its 2007 level of USD 76 thousand million in 2010. ASEAN Dialogue Partners comprising EU, USA and Japan accounted USD 64 thousand million, while the share of Intra-ASEAN in this total was 16% which indicates the progress of ASEAN integration. Theories of economic integration and market liberalization have been used to explain the role of foreign direct investment in developing countries. This paper aims to examine ASEAN’s financial integration prospects. ASEAN integration could accelerate in the years ahead with enhancing financial infrastructure and reliable flexible policy frameworks. On the long term closer engagement among member countries could potentially increase real incomes and accelerate real convergence.","PeriodicalId":33244,"journal":{"name":"Yustisia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-04-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46918466","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