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INDONESIA
MLJ
Published by Universitas Muhammadiyah Palu
ISSN : 25500260     EISSN : 25805835     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
he aims of this journal is to provide a venue for academicians, researchers and practitioners for publishing the original research articles or review articles. The scope of the articles published in this journal deal with a broad range of topics, including: Criminal Law; Civil Law; constitutional and administrative law religious jurisprudence law Legal pluralism governance International Law; Constitutional Law; Administrative Law; Adat Law; 
Arjuna Subject : Ilmu Sosial - Hukum
Articles 8 Documents
 1 
Search results for , issue "Vol. 2 No. 2 (2018): Oktober 2018" : 8 Documents clear
EFEKTIVITAS PELAKSANAAN DIVERSI TERHADAP ANAK YANG BERHADAPAN DENGAN HUKUM (Studi Kasus Di Wilayah Hukum Kepolisian Resort Donggala) Muliadi Muliadi; Imam Basofi Usman
Maleo Law Journal Vol. 2 No. 2 (2018): Oktober 2018
Publisher : Fakultas Hukum Universitas Muhammadiyah Palu

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Abstract

Article 28 B paragraph (2) of the 1945 Constitution of the Republic of Indonesia (hereinafter abbreviated as the 1945 Constitution of the Republic of Indonesia) states that children have a strategic role and the state guarantees the rights of every child to survival, growth and development and protection from violence and discrimination . Contact with the criminal justice system is the starting point for children facing the law. The term criminal justice system describes a legal process that is applied to someone who commits a crime or violates the suitability of criminal law. The aim of the study was to determine the effectiveness of the diversion of children facing the law at the Donggala Resort Police as well as the obstacles faced in implementing diversion against children facing the law. The long-term goal to be achieved is the realization of the diversion of children facing the law at the Donggala Resort Police. The specific target to be achieved in this study is so that investigators, especially PPA investigators, Donggala Resort Police can be maximal in resolving cases of children facing the law. The research method used in this study is to use a type of normative-empirical research or also called sociological legal research (non-doctrinal). Keyword : Diversion, Effectiveness, Children
PERANAN INVESTASI DALAM MENUNJANG PEMBANGUNAN PEREKONOMIAN DI INDONESIA Irmawaty Ambo
Maleo Law Journal Vol. 2 No. 2 (2018): Oktober 2018
Publisher : Fakultas Hukum Universitas Muhammadiyah Palu

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Abstract

The legal role in the national development effort is expected to not only play a role as a legitimator of the implementation of development results but also as a direction in the implementation of national development. Investment policy is a tool to attract investors (investors) to invest their capital in Indonesia. The owner of the capital can come from within the country or can also come from abroad (foreign). However, the need for foreign investment is special, and therefore attracting foreign investment must be done in a special way, given the intense competition with other countries. So the legal, institutional and incentive system must be built as well as possible so that Indonesia becomes an attractive investment destination. practical, investment factors can be used as one of the main instruments or factors to spur and enhance economic growth. Furthermore, investment policies are expected to be a stimulant for increasing work for the community. So there is a linear and sustainable relationship between investment and economic growth and employment opportunities for the community. The most frequent complaint made by foreign investors so far is that there are so many types of licensing that must be obtained, which directly makes the initial cost to swell up before the company is inflated. operate.Kata Kunci : Investation. Development
PELAKSANAAN HAK REMISI BAGI WARGA BINAAN KASUS KORUPSI DALAM PRESPEKTIF HAK ASASI MANUSIA (Studi Pada Lembaga Pemasyarakatan Klas IIA Palu) Moh Yusuf Hasmin; Andi Nurul Isnawidiawinarti Achmad
Maleo Law Journal Vol. 2 No. 2 (2018): Oktober 2018
Publisher : Fakultas Hukum Universitas Muhammadiyah Palu

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Abstract

The tightening of remissions to corruption-assisted citizens in the Palu Class IIA Penitentiary does not reflect the protection of human rights values, where the remission is actually a right for inmates if they have carried out the conditions stipulated by Law Number 5 of 1995 concerning Corrections, the State must give the remission rights to inmates including those fostered by corruption cases if this is not given then the State violates human rights. know the legal impact of tightening remissions for residents fostered by corruption cases at Class IIA correctional facilities. By using the research method is empirical juridical which means the type of legal research that functions see the law in reality. Kata Kunci : Guided People. Corruption Case. Remission
LEMBAGA KEPOLISIAN DALAM SISTEM PENYELENGGARAAN PEMERINTAHAN NEGARA INDONESIA Moh Tamsil Tamrin
Maleo Law Journal Vol. 2 No. 2 (2018): Oktober 2018
Publisher : Fakultas Hukum Universitas Muhammadiyah Palu

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Abstract

State government institutions are a component in the system of governance of the state. government agencies and instruments that are directly responsible for peace and order, namely the Police. The police force is a government institution that has an important role in the rule of law. In the rule of law, the legal life is very much determined by structural factors or legal institutions that carry out the functions of order and security so that the community can carry out their respective functions peacefully and safely. Keywords: Indonesian National Police, Government System
WEWENANG MAHKAMAH AGUNG BERKENAAN DALAM PEMBATALAN PERATURAN DAERAH Hartono Hartono
Maleo Law Journal Vol. 2 No. 2 (2018): Oktober 2018
Publisher : Fakultas Hukum Universitas Muhammadiyah Palu

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Abstract

Regional regulations are the lowest regulations in the hierarchy of laws and regulations that have the most content material and have a narrow level of flexibility because they must be in line with the laws and regulations above them. This can be understood from the perspective of the Stufenbau des Recht approach expressed by Hans Kelsen, that positive law (regulation) is constructed in stages and in layers, low regulations are sourced from and may not conflict with higher regulations, which we later recognize as the lex principle superior derogat legi inferiori. Judicial review is an impossible choice to correct for mistakes that might occur in a legal product. Even for many people, submitting a Material Test becomes an urgent need. The tendency in this direction can be seen from the desire of some community groups to submit applications and lawsuits in the judicial review which they consider to be controversial to the Supreme Court. Keyword : Supreme Court. Authority. Regional Regulations
HISTORIS DAN MEKANISME PEMBENTUKAN PERATURAN DAERAH DI INDONESIA Ardin Ardin
Maleo Law Journal Vol. 2 No. 2 (2018): Oktober 2018
Publisher : Fakultas Hukum Universitas Muhammadiyah Palu

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Abstract

Regional regulations in Indonesia are interesting to study because the development of regional regulations in Indonesia follows the ups and downs of the development of central government policies regarding governance in the regions. In the system of establishing regional regulations as a government regulation that can be used as a source of local revenue is arranged in such a way. The mechanism for the formation of regional regulations in Indonesia in the paradigm of governance that is decentralized should be the instrument for the formation of local regulations should be left entirely to the regional government. Thus, local governments can more freely regulate and manage their own domestic affairs. The implementation of regional government functions will be carried out optimally if the implementation of government affairs is followed by granting authority to grant licenses, especially trading business licenses as one of the sufficient recipient sources to the regions. Providing sufficient revenue sources to regions where the amount is adjusted and harmonized with the division of authority between the government and the regions. Keywords: Historical, mechanism, formation of local regulations in Indonesia
ANALISIS YURIDIS TENTANG PEDOMAN PELAKSANAAN KREDIT USAHA RAKYAT Maisa Maisa
Maleo Law Journal Vol. 2 No. 2 (2018): Oktober 2018
Publisher : Fakultas Hukum Universitas Muhammadiyah Palu

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Abstract

In order to realize the welfare of the people that is just and prosperous in accordance with the mandate of the constitution, the government needs to make efforts to meet the needs of people's lives. one form of government policy to meet the needs of the community is the formation and application of the People's Business Credit (KUR) program. Distribution of People's Business Credit (KUR) conducted by the implementing bank accompanied by collateral in the form of land certificates, house certificates or Motorized Vehicle Ownership Books (BPKB), not in accordance with the Coordinating Minister for Economic Affairs Regulation No. 13 of 2015 concerning Guidelines for the Implementation of People's Business Credit which stated that the People's Business Credit without collateral and To overcome the losses suffered by the implementing bank, the government established a KUR credit guarantee policy. 70 (seventy) percent to 80 (eighty) percent charged to state credit guarantee institutions such as PT (Persero) Indonesian Credit Insurance (PT Askrindo) and the Indonesian Credit Guarantee General Company (Perum Jamkrindo) Keyword : Juridical Analiysis. Credit Business.
Pembaharuan Hukum Dalam Tindak Pidana Korupsi Pasca Ratifikasi Konvensi Anti Korupsi Tahun 2003 Abdul Manan
Maleo Law Journal Vol. 2 No. 2 (2018): Oktober 2018
Publisher : Fakultas Hukum Universitas Muhammadiyah Palu

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Abstract

The Government of Indonesia has ratified the UNCAC in 2003 through Act No. 7 of 2006. It shows that Indonesian politically has established as one of the countries that committed to the global movement to prevent and fight against corruption. In general, the UNCAC set four main principles, which are the main principles of the reform. It is very significant to the development of national legislation in fighting against corruption that called preventive measures, which emphasize the preventive model of prevention policies in the public and private sectors. Criminalization and law enforcement, namely corruption criminalizing bribery of national public and private sectors, trading in authority and enrich themselves illegally. In terms of international cooperation, the cooperation framework in order to improve law enforcement through, mutual legal assistance, extradition and transfer of sentenced persons and mutual investigation. Return on assets, the asset forfeiture UNCAC has offered a new instrument in the forfeiture of assets of the corruption crimes that called Instruments Non-Conviction Based Asset forfeiture (NCB Aseet Forfeiture). Through confiscation and assets take over through a lawsuit with assets. UNCAC 2003 binds every UN member states that already has ratified it. But in the civil law systems still require good law enforcement that is a change, and a new law that replaces all of the provisions in the legislation. Provisions of the convention should be adapted with the principles of the domestic law in the country of Indonesia. By doing so, the legislation that will be set later as the implementation of UNCAC 2003 does not conflict with the system and the legal principles that already exist.Keywords: Legal Reforms, Corruption, The UNCAC 2003.

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