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International Journal of Law Reconstruction
Published by Universitas Islam Sultan Agung
ISSN : -     EISSN : 25809245     DOI : 10.26532/ijlr
Core Subject : Education,
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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 13 Documents
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Search results for , issue "Vol 1, No 1 (2017): INTERNATIONAL JOURNAL OF LAW RECONSTRUCTION" : 13 Documents clear
Taxing Policy Reconstruction Based on Justice Value to Encourage Industrial Competitiveness in the Global Era Amin Purnawan
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.v1i1.2258

Abstract

The study of trading will not be separated from the study of industry and investment, they have the close relationship of these three things in determining the competitiveness of a country, especially in the current pattern of global value chain (GVC) trading. The aims of this study are: (a) to analyze the urgency of increasing the competitiveness of national industry in the era of world free trade, and (b) to reconstruct taxation policies to promote industrial competitiveness in the global era. Tax reform should be able to improve competitiveness, and enthusiasm to invest for the investors. Due to growing business will increase tax revenue. The tax policy is very influential on industry, trade, and investment, because according to business people, tax is the biggest investment constraint, besides security, law, labor, regional autonomy, and smuggling issue. The reconstruction of taxation policies through the updating of tax laws includes: simplifying administrative procedures, raising taxpayer awareness, implementing a credible, accountable and consistent self-assessment system, tariffing adjustments to improve competitiveness, and expanding tax bases to increase state revenues. In order to improve competitiveness with other countries, it is necessary to put forward the principles of fairness and neutrality in tariff setting, and provide incentives for small business development. The structure of the prevailing tax rate is simplified in stages, planned, differentiated tariffs, and simplified layers intended to provide a more proportional tax burden for each taxpayer class.
Reconstruction of Bonds Arrangements in Indonesian Capital Market Justice-Based Value elvira fitriyani pakpahan
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.v1i1.1638

Abstract

Trustee contracts referring to the special provisions on guarantees stipulated by Bapepam (Capital Market Supervisory Agency)/OJK (Financial Service Authority) as referred in item 4 letter E Kep. Bapepam-LK No.412 / BL / 2010 are considered too general. The provision of guarantee on number 4 letter E Kep. Bapepam No.412 is limited to informational provisions, not a requirement. The purpose of this paper is to know and analyze the implementation of bond arrangements and weaknesses in the capital market of Indonesia based on the value of justice. Why there are weaknesses in the implementation of bond arrangement in Indonesia capital market. This research used sociological juridical method. The theories used to analyze were the theory of Degrading Justice as the Grand Theory, Theory of Legal Protection as the Middle Range Theory and Theory of the Covenant as Applied Theory. Based on the results of research implementation of bond arrangement in Indonesia capital market does not give justice value to the parties such as issuer, trustee and investor in particular. Unclear arrangements in Bapepam-LK's Decree on General Provisions and Trustee Contracts under the Warranty (if any) do not provide legal certainty and fairness to bond investors in the event of default. The weaknesses in the implementation of bonds arrangement in the Indonesian capital market due to the functions and duties of the Trustee listed in UUPM have no regulatory arrangements, as well as the absence of guidelines/standards in the preparation of the trustee contract. The reconstruction of the law shall be conducted by changing the special provisions of Bapepam Decree Number 412 on item 4 letter E concerning the guarantee (if any) by removing / removing the existing word in parentheses (if any), as it does not reflect the value of legal certainty and dignified justice.
SOCIAL FUNCTION RECONSTRUCTION OF INTELLECTUAL PROPERTY RIGHTS (IPR) BASED ON JUSTICE VALUES Anis Mashdurohatun; Hayyan Ul Haq; Sony Zulhuda
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.v1i1.2311

Abstract

The purpose of this study is to examine and to analyze the construction of social functions of Intellectual Property Rights. Furthermore, it is also intended to know the urgency of social functions of Intellectual Property Rights and to reconstruct the social function of Intellectual Property Rights based on the value of Justice. The method used was doctrinal and non doctrinal approach by using primary and secondary data source. Moreover, the data was analyzed by using analytical descriptive. The result of the research shows that, the construction of social function of IPR has not been in accordance with Pancasila justice value. The urgency of social functions of IPR is as a form of crystallization of communal, inclusive and religious values. While the reconstruction of the social function of IPR was based on the value of Justice, namely by harmonizing the principle of Corporate Social Responsibility with the crystallization of communal, inclusive and religious values in using the IPR products, especially for copyrights and patents.
NON PHYSICAL LOSS POLICY ON LAND PROCUREMENT FOR GENERAL INTERESTS BASED ON SOCIAL JUSTICE VALUES Iga Santi
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.v1i1.1639

Abstract

This paper aims to examine non-physical loss in land procurement based on justice value. This study was conducted considering many problems arising from the current phenomenon in which people of Indonesia have not got their rights fairly. Whereas in the mandate of Constitution Article 33 of the 1945 Constitution states that the earth and water and natural resources contained therein are controlled by the state and used for the greatest prosperity of the people. The primary data was obtained from direct interviews with related parties, while secondary data were obtained from literature study. The result shows that people's behavior is strongly influenced by the culture exists in society. The culture of society includes religious values and social values. Government recognition by paying attention to the values in society in the determination of non-physical compensation will prevent prolonged conflicts that occur in the process of land acquisition for the public interest, and there are still many articles that need to be reviewed that immediately review the Article 33 letter f, Article 42 Paragraph 1 jo Article 43 UUPT Year 2012 to better reflect justice for eligible citizens and communities affected by development for the public interest.
RECONSTRUCTION OF DETENTITON REGULATION AGAINST A SUSPECT OR DEFENDANT IN ACCORDANCE WITH CIVIL CODE BASED ON JUSTICE muhammad khambali
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.v1i1.2410

Abstract

Detention is a criminal act of deprivation of freedom which is one of the criminal forms stipulated in the Criminal Code. The mechanisms of detention have been organized according to the Criminal Procedure Code. Mistakes in detention can lead to fatalities for many parties including people who execute the detention. The impact of detention on suspects/defendants is not only felt by suspects/defendants, but also it is felt by families of suspects/defendants, communities, and countries.
LEGAL PROTECTION ON CHILDREN AS A VICTIMS OF SEXUAL VIOLENCE BASED ON PROGRESSIVE LAW etik purwaningsih
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.v1i1.1640

Abstract

Sexual violence happened to children are often occurred, after the emergence of sexual cases in Jakarta International School (JIS). It began to arise attention to child victims of sexual violence. This paper aims to provide a review of the protection on child victims of sexual violence at this time. With the sociological juridical method, the primary data were obtained from direct interviews with law enforcement officers, while secondary data were obtained from literature references. The result shows that the legal protection does not pay attention on children as victim. The legal protection for children as victim sexual violence is expected to give punishment to the criminals in the form of payment of compensation to the victim whose amount is determined in the court, or fulfillment of the obligation of the Local custom or legal obligations that live in society or social and mental rehabilitation. If the convicted person tries to avoid giving the compensation, the convicted person is not entitled to a reduction in the criminal term and does not get conditional released.
LEGAL PROTECTION OF THE CREDITOR ON FIDUCIARY GUARANTEE OBJECTS UNLISTED IN THE FIDUCIARY REGISTRATION OFFICE Sanusi Sanusi
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.v1i1.1636

Abstract

The aim of this study was to analyze the legal protection of the creditor and their weaknesses on the fiduciary guarantee objects unlisted in the current Fiduciary Registration Office. This study is a normative legal research or also called doctrinal legal research. This research will use facts that describe the legal protection of the creditor on the fiduciary guarantee objects unlisted in the current fiduciary registration office, the weaknesses of legal protection of the creditor on the fiduciary guarantee objects unlisted in the current fiduciary registration office, and the reconstruction of the legal protection of the creditor on the fiduciary guarantee unlisted in the fiduciary registration office based on the value of justice. The result of the research is that the Government should immediately establish the Supervisory Agency and Execution of Fiduciary Guarantee Objects based on Government Regulation in Lieu of Law and other legislation.
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.
RECONSTRUCTION NATIONAL SOCIAL SATISFACTION SYSTEM FOR HEALTH FIELD IN THE AUTONOMY REGION WITH VALUE OF WELFARE Gunarto Gunarto
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.v1i1.1633

Abstract

Objectives to be achieved in this research To understand and analyze the National Social Security System Construction of Health Sector in the current positive law, to understand and analyze the weaknesses of the National Social Security System in the Field of Health today and to analyze and reconstruct the National Social Security System for Health Based on the value of welfare Research is expected to have both theoretical and practical uses that researchers use is socio legal research, this research approach is chosen to see how far the effectiveness of law in the prosperity of the community especially in health insurance coverage, here the law is not only seen in terms of its effectiveness but Also related to non-legal factors such as institutions related to the welfare of the community. The Legal System of the Health Insurance Program with the participation of BPJS is still very weak both in terms of the legal substance component, in providing equitable welfare in obtaining health services through the Health Insurance Program with. Strengthening Components of Legal Substances by changing Article 39 Paragraphs (1), (3) and (4) of Presidential Regulation No. 12 of 2013, Strengthening Legal Structure Components by Strengthening FKTP I on the regulation of Government Regulation, Strengthening Legal Culture Component by developing Culture of community law through continuous education to the community so that the community, the Government is not responsible for providing funds for Beneficiaries of Contribution (PBI).
STANDAARD BANK CREDIT AGREEMENT BASED ON THE VALUE OF JUSTICE Sahal Fahmi
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.v1i1.1635

Abstract

The treaty law is an open system with the principle of freedom of contract as stipulated in Article 1338 paragraph (1) of BW. The freedom provides an opportunity for all parties, including banks to make an agreement in the form of standaard. This standaard agreement is burdensome because there is no bargaining position between the community as a debtor customer with the bank as a creditor. However, such agreement continues in the banking practice. The purpose of this study is to find the factors influencing standaard bank credit agreement on the distribution of credit to the community based on the value of justice. This research uses normative juridical method, with primary-secondary data from the library research. As a result, the bank credit agreement in the form of standaard is still not based on the value of justice because the content is determined unilaterally by the bank, where the debtor's customer does not have bargaining position on some form of agreement used by the bank; application credit agreement and bookkeeping requirements; cash bookkeeping requirements; Deposit book-entry application; application agreement of remittance. In addition, it still has delicacy on the bank credit agreements which are limited by the Banking Act and the Decree, Regulation and Circular of Bank of Indonesia. The legal provision generates the prudent principle of extending the credit to the community, which is famous for the 5 C's (Character, Capacity, Capital, Collateral, Condition). Meanwhile, the Bank Indonesia Regulation stipulates regulation relating to the regulations, prohibitions, institutions, guarantees, and execution of the guarantee objects.

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