PADJADJARAN Jurnal Ilmu Hukum (Journal of Law)最新文献_第4页

The Conservationist Principle under International Humanitarian Law versus a Transformative Occupation in a Human Rights Context 国际人道法下的保护主义原则与人权背景下的变革性占领

PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Pub Date : 2019-04-01 DOI: 10.22304/pjih.v6n1.a2

Mara Yanez

{"title":"The Conservationist Principle under International Humanitarian Law versus a Transformative Occupation in a Human Rights Context","authors":"Mara Yanez","doi":"10.22304/pjih.v6n1.a2","DOIUrl":"https://doi.org/10.22304/pjih.v6n1.a2","url":null,"abstract":"This article presents a discussion about the necessary evolution of the law of occupation facing the obligations set for by the International Human Rights regime, based on the law of State responsibility. In the first section of this two-part study, the article delivers a state of the art through the analysis of doctrine and both universal and regional jurisprudences on State responsibility based on the extraterritorial application of International Human Rights Law. On the second part, the article provides analysis on temporal (beginning and end) and territorial aspects of occupation that have a direct impact on the obligation to respect and to ensure the rights of every subject to the State’s jurisdiction. In the final section, the article discusses the clash between the traditional conservationist principle and the transformative occupation principle. This study employed a logic-inductivist method. To conclude the discussion, this study is in the position that the conservative principle under International Humanitarian Law is considered archaic; and should give way to better protection of human rights in an international occupation context.","PeriodicalId":404335,"journal":{"name":"PADJADJARAN Jurnal Ilmu Hukum (Journal of Law)","volume":"59 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126572740","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 Impact of the Motor Vehicle Tax Grace on the Increase of the West Java Province’s Locally Generated Revenue 机动车税宽限期对西爪哇省地方财政收入增加的影响

PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Pub Date : 2019-04-01 DOI: 10.22304/pjih.v6n1.a9

G. Hartanto, D. Sugiharti

{"title":"The Impact of the Motor Vehicle Tax Grace on the Increase of the West Java Province’s Locally Generated Revenue","authors":"G. Hartanto, D. Sugiharti","doi":"10.22304/pjih.v6n1.a9","DOIUrl":"https://doi.org/10.22304/pjih.v6n1.a9","url":null,"abstract":"Tax award is expected to be able to trigger the West Java people to pay motor vehicle tax. However, there is still an increase in the number of non-re-registered vehicles. Therefore, the regulation of the tax award needs to be reviewed. This study aims to find a solution so that the award can increase the West Java Province’s Locally Generated Revenue and optimize the collection of Motor Vehicle Tax. This study employed a judicial-normative approach that prioritizes library research and the data implementation in practice. It is a descriptive study. It mainly consists of a library research phase, which is the collection of secondary data in the form of primary and secondary legal materials. In addition, to obtain primary data as support, the data is analyzed qualitatively and juridically. The study concludes that the tax award of motorized vehicle tax is correlated directly with the increase of locally generated revenue of the West Java Province. Nevertheless, the award does not substantially affect legal awareness and compliance. In fact, the program does not contribute towards the realization of motor vehicle tax. The main obstacles often felt by the regional income agency in collecting motorized vehicle tax is the low level of awareness and knowledge of the people on taxes. The effort to increase locally generated revenue from the motor vehicle tax sector is represented by programs that indirectly affect legal compliance.","PeriodicalId":404335,"journal":{"name":"PADJADJARAN Jurnal Ilmu Hukum (Journal of Law)","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115519591","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

Legal Response to Cybercrime in Global and National Dimensions 全球和国家层面对网络犯罪的法律回应

PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Pub Date : 2019-04-01 DOI: 10.22304/pjih.v6n1.a4

Dewi Bunga

{"title":"Legal Response to Cybercrime in Global and National Dimensions","authors":"Dewi Bunga","doi":"10.22304/pjih.v6n1.a4","DOIUrl":"https://doi.org/10.22304/pjih.v6n1.a4","url":null,"abstract":"Cybercrime is a serious crime in the era of globalization. This crime employs sophisticated technology and anonymity. It is fast, crosses states’ borders, and has a wide impact. Cybercrime causes both material and immaterial losses. It even threatens world peace and security. The legal issue in this research is to discuss the international response to cybercrime, the substance of the Convention on Cybercrime, Budapest, 23.XI.2001, and Indonesia's position in the Convention on Cybercrime. The international response to cybercrime is done by holding international meetings at the United Nations Congress to discuss efforts to prevent cybercrime. Convention on Cybercrime, is the first provision for regulating cybercrime. The substance of the Convention on Cybercrime consists of material criminal law, procedural law, corporate responsibility, international cooperation and so on. Indonesia's position in the Indonesia Convention on Cybercrime is not to ratify the Convention on Cybercrime, but adopts the provisions of the Convention on Cybercrime on the Law Number 11 of 2008 on Information and Electronic Transactions and the Law Number 19 of 2016 on the Amendment of the Law Number 11 of 2008 on Information and Electronic Transactions. The criminal acts provided for in the Information and Electronic Transaction Law in Indonesia are wider than those stipulated in the Convention on Cybercrime.","PeriodicalId":404335,"journal":{"name":"PADJADJARAN Jurnal Ilmu Hukum (Journal of Law)","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129371047","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

Repurchase Agreement (REPO) Buyers’ Protection after the Issuance of the Regulation of the Financial Services Authority Number 09/POJK.04/2015 《金融服务管理局条例(09/POJK.04/2015)颁布后对回购协议(REPO)买方的保护

PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Pub Date : 2019-04-01 DOI: 10.22304/pjih.v6n1.a6

Benedictus Hardyanto

{"title":"Repurchase Agreement (REPO) Buyers’ Protection after the Issuance of the Regulation of the Financial Services Authority Number 09/POJK.04/2015","authors":"Benedictus Hardyanto","doi":"10.22304/pjih.v6n1.a6","DOIUrl":"https://doi.org/10.22304/pjih.v6n1.a6","url":null,"abstract":"This paper aims to find out the Repurchase Agreement (REPO) buyers’ protection in the capital market, after the issuance of the Regulation of the Financial Services Authority Number 09/POJK.04/2015 on the Guidelines for Financial Services Institutions Repurchase Agreement Transactions (POJK REPO). REPO transaction is initially considered as loan transaction and lending securities instrument between two parties based on an agreement. Then, on a predetermined date, the same return on securities will be given at the agreed price. However, after the issuance of the POJK REPO, the REPO transaction qualifies as a sale and purchase transaction with a repurchase agreement. As a result, the initial understanding that REPO is a loan and lending transaction is no longer valid. In the Global Master Indonesia Repurchase Agreement (GMRA Indonesia), the REPO seller’s responsibility is unclear when the value of the securities held by the REPO Buyer Party cannot fulfill the value that must be paid by the Seller on the repurchase date. Therefore, despite the fact that Indonesia has had REPO transaction guidelines, the GMRA Indonesia as mandated by the Financial Services Authority Number 9/POJK.04/2015, the responsibility of the REPO Seller has not been regulated explicitly.","PeriodicalId":404335,"journal":{"name":"PADJADJARAN Jurnal Ilmu Hukum (Journal of Law)","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130174283","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

[BOOK REVIEW] The International Legal Status and Protection of Environmentally-Displaced Persons: A European Perspective [书评]环境流离失所者的国际法律地位和保护:一个欧洲视角

PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Pub Date : 2019-01-19 DOI: 10.22304/PJIH.V5N3.A11

Anisatul Fauziah

引用次数: 0

FRAGMENTED AND UNCLEAR LAWS AND REGULATIONS OF FOREIGN DIRECT INVESTMENT IN INDONESIAN TOURISM 外商直接投资印尼旅游业的法律法规支离破碎、不明确

PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Pub Date : 2019-01-19 DOI: 10.22304/pjih.v5n3.a1

I. P. Widiatedja, I. G. N. Wairocana

引用次数: 1

The Implementation of Legal Certainty Principles in the Reporting Process of Debtor Bankruptcy Settlement by Curator to Supervisory Judge in Bankruptcy Practice 破产实践中管理人向监督法官报告债务人破产和解过程中法律确定性原则的落实

PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Pub Date : 2019-01-19 DOI: 10.22304/pjih.v5n3.a6

Holyness Singadimeja, Rai Mantili, Ema Rahmawati

引用次数: 1

The Value of Siri’na Pacce as an Alternative to Settle Persecution Siri 'na pace作为解决迫害的一种选择的价值

PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Pub Date : 2019-01-19 DOI: 10.22304/pjih.v5n3.a9

Hijriani Hijriani, H. Herman

{"title":"The Value of Siri’na Pacce as an Alternative to Settle Persecution","authors":"Hijriani Hijriani, H. Herman","doi":"10.22304/pjih.v5n3.a9","DOIUrl":"https://doi.org/10.22304/pjih.v5n3.a9","url":null,"abstract":"The increasing cases of persecution have led to the building of negative image and public distrust of the state and the law enforcement process. Persecution, as an act that is harmful, troubles, and oppresses others, is included as a criminal offense. The Makassarese recognizes shame culture as a part of the siri cultural system. It is completed by empathy in the concept of pace. Both are referred by the term siri’ na pacce. This value can be implemented and developed to be an alternative to settle the cases of persecution. It is in line with the concept of legal objectives as a philosophy in all aspects of life and obedience to society because it is more entrenched and considered sacred. This study used qualitative research and normative juridical methods. This study aims to find weaknesses and strengths of the value of siri’na pacce as a new alternative to settle persecution in realizing justice and building social harmonization within society. The results reveal that re-instilling the siri culture can be a valuable effort to restraint someone from performing an act of persecution. People can be prevented and prohibited to do such act by adhering to customary rules. It is expected that upholding the siri’na pace value can strengthen the motivation of social solidarity. Therefore, the cultural value is expected to be maintained and becomes an alternative to settle persecution cases, considering that it is more effective and efficient because the community can accept it easily.","PeriodicalId":404335,"journal":{"name":"PADJADJARAN Jurnal Ilmu Hukum (Journal of Law)","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-01-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115886005","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: 7

The Urgency of Religious-Blasphemy Case Arrangement in the Frame of Diversity towards National Criminal Law Reform 多元化框架下的宗教亵渎案件安排对国家刑法改革的紧迫性

PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Pub Date : 2019-01-19 DOI: 10.22304/PJIH.V5N3.A4

Somawijaya Somawijaya, A. Ramdan

引用次数: 0

The Ontology of Legal Science: Hans Kelsen’s Proposal of the ‘Pure Theory of Law’ 法学本体论:汉斯·凯尔森提出的“纯粹法论”

PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Pub Date : 2019-01-19 DOI: 10.22304/PJIH.V5N3.A8

Saepul Rochman, Kelik Wardiono, Khudzaifah Dimyati

引用次数: 1