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International Journal of Law Reconstruction
ISSN : -     EISSN : 25809245     DOI : 10.26532/ijlr
Core Subject : Education,
FOCUS The focus of International Journal of Law Reconstruction (IJLR) is to provide scientific Law article based on themes that developed in attendance through the article publications, research reports, and book reviews. SCOPE International Journal of Law Reconstruction (IJLR) specializing in the study of Law Studies, and intended to communicate about original research and current issues on the subject. International Journal of Law Reconstruction (IJLR) is open to contributions .
Arjuna Subject : -
Articles 83 Documents
CONSTRUCTION CONTRACT OF HIRE PURCHASE AND CORRELATION WITH CRIMINAL OFFENSE Bambang Tri Bawono
International Journal of Law Reconstruction Vol 3, No 1 (2019): INTERNASIONAL JOURNAL OF LAW RECONSTRUCTION
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v3i1.5265

Abstract

Hire purchase agreements that have developed in the realm of society yet have clarity because there is no specific legislation governing the lease-sale agreement. The absence of specific legislation governing the lease resulted in the agreement to experience different views for legal experts both in terms of the definition and the legal consequences arising. This type of research used in this study is a research library with normative juridical approach. Normative research. The results of this study mention: first, the legal construction of a hire purchase agreement did not have legal certainty, because this agreement has legal consequences of changing from the payment of the debt to the payment of rent, when a tort committed by the purchaser. Other than that, construction law hire purchase agreement is null and void, because there are some clauses which are contrary to Article 1266 of the Civil Code and Article 18 of the Consumer Protection Act. Second, the criminal offenses arising from a lease agreement is a criminal offense of extortion, when the withdrawal unilaterally, although financing the vehicle has been registered in the Register of Fiduciary. This is because even though the fiduciary has the right of executor, but the execution must follow procedures for the implementation of a court decision, so businesses must apply in advance to the Chairman of the Court.
SYARI'AH BANKING LEGAL SYSTEM IN INDONESIA Didi Sukardi
International Journal of Law Reconstruction Vol 2, No 1 (2018): : INTERNATIONAL JOURNAL OF LAW RECONSTRUCTION
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v2i1.2621

Abstract

Socio-anthropological and emotional, Islamic law is very close to the people of Indonesia are Muslim majority, but it has historically Islamic law was known long before the colonists into Indonesia. Fatwa Majelis Ulama Indonesia or MUI on bank interest is haram has pushed aside the curtain of public oppression to liberation syari'ah, and gave birth to the implementation of the dual banking system in Indonesia, namely the operation of conventional banks and banks of the syari'ah, which is welcomed by the people of Islam in Indonesia 
PANCASILA AS A LEGAL SCIENCE PARADIGM Dini Amalia Fitri
International Journal of Law Reconstruction Vol 3, No 2 (2019): INTERNASIONAL JOURNAL OF LAW RECONSTRUCTION
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v3i2.8055

Abstract

The Pancasila legal paradigm is a legal category that is unique to Indonesia, but is universally objective. This jurisprudence is based on God Almighty. This jurisprudence is loaded with the values of Almighty God and other values in the frame of the value of Almighty God. The existence and existence of this legal knowledge for the people of Indonesia is a gift. To change the paradigm of higher education in the field of law, it must start by changing education fundamentally as a dynamic subject of the reality of people's lives so that understanding of law becomes holistic, visionary, and meaningful. One way to elevate Pancasila as the nation's identity and be known by the nations of the world, is by practicing the values contained in the five principles, by synergizing Pancasila values with the legal education curriculum in Indonesia, so that it will produce law graduates who live the values of Pancasila.
LAW POLITIC OF ADMINISTRATIVE COURT JUDICATURE IN INDONEESIA Wahyu Mukti Beny Setiyawan; Fitriya Desi Wulandari
International Journal of Law Reconstruction Vol 3, No 1 (2019): INTERNASIONAL JOURNAL OF LAW RECONSTRUCTION
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v3i1.4365

Abstract

Law politic present at the point of encounter between living realism and the demands ofidealism. Political law concerns on an ideal or hope, then there is a legal vision that is setin advance, then the form and content of the law are built to realize that vision. Theurgency existence of administrative justice in realizing the rule of law encourages thegovernment to establish a legal system in the field of administrative justice through theestablishment of Law Number 51986 about State Administrative Courts, which is thefoundation for the establishment of a State Administrative Court in Indonesia. In theexplanation of Law Number 5 of 1986 stated that the State Administrative Court was heldin order to provide protection to the people seeking justice, which felt themselves to beharmed by a State Administrative Decision. Principly, a country is expected to giveprotection for the human rights of its citizens
THE ROLES OF INVESTIGATOR IN IMPLEMENTING DIVERSION ON CHILDREN CRIMINAL ACTION Zakki Mubarok; Achmad Sulchan
International Journal of Law Reconstruction Vol 2, No 1 (2018): : INTERNATIONAL JOURNAL OF LAW RECONSTRUCTION
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v2i1.2992

Abstract

Some efforts were made to overcome internal obstacles: improving coordination among investigators, intensive approaches to witnesses, improving socialization of the Criminal Justice System Law and Child Protection Act. While the efforts to overcome the external obstacles: education, rigorous interrogation, improving facilities and infrastructure and bringing together an understanding of the meaning of recidivist. This research is based on the increasingly widespread criminal cases committed by children that occurred in the jurisdiction of Polrestabes Semarang in particular and in various major cities in Indonesia in general. The results of the research indicate that: (1) The role of the investigator in the diversion implementation of child crime cases, namely the internal roles among which are coordinating with the community and with various institutions or related parties, upholding the legal system and criminal justice system in accordance with the mandate of the Act, as well as involving police (Investigator) members in training or special education. (2) The constraints faced by the investigators in the diversion implementation of child crime cases are internal constraints: lack of coordination among investigators, lack of legal understanding of witnesses, lack of socialization of the Criminal Justice System Law and Child Protection Law.
GOOD CORPORATE GOVERNANCE PRINCIPLES IN THE MANAGEMENT OF LIMITED LIABILITY COMPANY henry aspan
International Journal of Law Reconstruction Vol 1, No 1 (2017): INTERNATIONAL JOURNAL OF LAW RECONSTRUCTION
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v1i1.1637

Abstract

ABSTRACTCorporate governance (corporate governance) is a concept which still debatable among experts in describing it. The purpose of this study is to explore how the implementation and principle problems of good corporate governance in the management of current limited liability company. This research is kind of library research with normative juridical approach, the approach used was the concept of legit positivism which states that the law is identical to written norms established and enacted by authorized bodies or authorities. The result is known that Law Number 40 Year 2007 regarding Limited Liability Company does not explicitly regulate the implementation of Good Corporate Governance principles. The GCG principle setting is explicitly found only in the Regulation of the Minister of State-Owned Enterprises and Bank Indonesia Regulation, so it does not bind the limited liability company in general.
INTERNATIONAL AVIATION/AIRSPACE LAW AN OVERVIEW Yaya Kareng
International Journal of Law Reconstruction Vol 4, No 1 (2020): INTERNATIONAL JOURNAL OF LAW RECONSTRUCTION
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v4i1.10941

Abstract

Aviation law is the branch of law that concerns flight, air travel, and associated legal and business concerns. Some of its area of concern overlaps that of admiralty law and, in many cases, aviation law is considered a matter of international law due to the nature of air travel. However, the business aspects of airlines and their regulation also fall under aviation law. In the international realm, the International Civil Aviation Organization (ICAO) provides general rules and mediates international concerns to an extent regarding aviation law. The ICAO is a specialized agency of the United Nations. In the United States and in most European nations, aviation law is considered a federal or state-level concern and is regulated at that level. In the U.S., states cannot govern aviation matters in most cases directly but look to Federal laws and case law for this function instead. For example, a court recently struck down New York's Passenger Bill of Rights law because regulation of aviation is traditionally a federal concern. Aviation law, however, is not in the United States held under the same Federal mandate of jurisdiction as admiralty law; that is, while the United States Constitution provides for the administration of admiralty,[1] it does not provide such for aviation law. States and municipalities do have some indirect regulation over aviation. For example, zoning laws can require an airport to be located away from residential areas, and airport usage can be restricted to certain times of day. State product-liabilitys law are not preempted by Federal law and in most cases, aviation manufacturers may be held strictly liable for defects in aviation products. Space law, which governs matters in outer space beyond the Earth's atmosphere, is a rather new area of law but one that already has its own journals and academic support. Much of space law is connected to aviation law.
RECONSTRUCTION OF EXECUTIVE AND LEGISLATIVE AUTHORITIES TO MAKE A GOOD GOVERNANCE BASED ON WELFARE VALUES muhammad khamim
International Journal of Law Reconstruction Vol 1, No 1 (2017): INTERNATIONAL JOURNAL OF LAW RECONSTRUCTION
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v1i1.2411

Abstract

The executive and legislative powers of good governance based on welfare values imply that the executive and legislative bodies as the state organizers and the bearers of the mandate to manage public affairs should prioritize the general interests and safeguard the public good over many individual and group interests. The executive and legislative authorities in realizing good governance have not worked well due to the practice of extraterrestrial partnership relations, especially in terms of APBD (Regional Budget) arrangements that seem to promote personal or group interests. The role of function is large enough to cause conflict between the executive and legislative (local government), especially the head of the region.
POSITION OF ADOPTED CHILDREN IN THE DISTRIBUTION OF HERITAGE PROPERTY IN INDONESIA Cucuk Kristiono
International Journal of Law Reconstruction Vol 2, No 2 (2018): INTERNATIONAL JOURNAL OF LAW RECONSTRUCTION
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v2i2.3305

Abstract

Adoptions are included in the category of legal acts, the which resulted in the rightsand obligations of the parties. In the Burgelijk Weetboekand the compilation of Islamic law, are differences in theregulations about how the positions Adopted child to the adoptive parents. It is implicated in the process of inheritance. Adopted inheritance of the children in accordance with Islamic Law Compilationused was was borrowed, while the Burgelijk Wetboeek, inheritthe same Adopted children with legitimate children.
INTERNATIONAL LAW OF SEA PIRACY Muhammet Ebuzer Ersoy
International Journal of Law Reconstruction Vol 3, No 2 (2019): INTERNASIONAL JOURNAL OF LAW RECONSTRUCTION
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v3i2.7791

Abstract

Sea piracy, or piracy, is robbery conducted in sea, or sometimes in beach. It could be said that history of piracy occurs simultaneously with history of navigation. Where there are ships transporting merchandise, appears pirates are ready to have it forcibly. It has been known since the time of the occurrence of piracy Greece ancient. Included in the era Roman republic experienced piracy by the sea robbers. Since then they plow all the ships that are currently floating in the ocean near Borneo and Sumatra. However, the best in its long history written on 16th-17th century and it called as the golden age of pirates. But, the piracy not only in the past era, in the modern era as today, the piracy still exist as the criminal case in Somalia in 1990-2011, Philipine in 2016-2017, Dhobo accident in 2019 etc. The piracy is also can be called as Hostis Humani Generis it is mean the piracy is the enemy of all humans. The piracy ruled in UNCLOS articles 101-110 and in Indonesia is ruled in Criminal Law article 439-440. This article explains the international law of sea piracy, hostage release procedure and court procedure in International Criminal Court (ICC) and international punishment for pirate.