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PENYELESAIAN SENGKETA INVESTASI MELALUI INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTE (Studi Kasus Pemerintah Indonesia vs Churchill Mining) Geraldi, Aldo Rico
TANJUNGPURA LAW JOURNAL Vol 1, No 2 (2017): VOLUME 1 ISSUE 2, JULY 2017
Publisher : Faculty of Law, Tanjungpura University

This research aims to determine International Centre For Settlement of Investment Dispute (ICSID), benefits and losses for Indonesia related with Choice of Option on Indonesian investment dispute settlement with Churchill Mining Plc in ICSID. This research uses normative legal research by gathering secondary data. Data collected is using the methods of literary study by collecting legal material and information in the form of legal materials of primary sources, secondary sources, and tertiary sources. In order to get a clear explanation, the data will arrange systematically and analyzed with descriptive methods. These results indicate that the disputes settlement between Indonesian Government against Churchill Mining through ICSID has several benefits, such as the confidentiality of the proceedings, the freedom to choose the arbitrator, the decision of the ICSID which are final and binding, and if the arbitration decision can be implemented in Indonesia it is necessary to obtain Exequatur of the Supreme Court. Although it has some benefits, however there are also some of the losses suffered by Indonesian Government, such as substantial costs to finance the proceedings at ICSID and if Indonesia was lost, it can cause financial loss with very large impact to country around trillions to pay compensation or indemnity.

LEGAL PLURALISM AND COMMUNITY CHANGES: A REVIEW OF LEGAL PLURALISM INTEGRATION SYSTEM Muhtamar, Syafruddin; Maskawati, Maskawati; Azikin, Arqam; M, Andriani; Moenta, A. Pangerang
TANJUNGPURA LAW JOURNAL Vol 1, No 1 (2017): VOLUME 1 ISSUE 1, JANUARY 2017
Publisher : Faculty of Law, Tanjungpura University

The system of Eastern nationsâ€™ people lives is characteristic of Eastern cultures. Indonesia is a nation that also reflects these characteristics, in social and legal systems. Pre-colonization, the Indonesian people has been living in a pluralistic legal system, both in religious or customcharacterized systems. Until now, the both characteristic being a living law system inherited in history. The presence of colonization changed the model and the basic characteristics of the nation into a modern society with the west-styled colonial legal system. These western-modern systems continued post-independence and became the main pillar of development to change people lives. Therein the basic problem of the national legal system, that is legal pluralistic of society to be helpless in front of the hegemonic system of state law. Community changes in legal pluralism can occur if the contribution of living law systems (religion and customs) extends, without being sub-system or supporting or complementary of state law system. Hegemonic dominance of state law must continue to loosened, so that a free space of contribution for nation culturebased people legal system increasingly wider. Therefore, the legal pluralism integration system is important to establish in the national life. The paradigm of this system is a legal pluralism and its operation is integration of living law system with state law within the spirit and scope of legal pluralism. Thus, the purpose of this article are to analyze and determine the extent of relevance the concept of legal pluralism in the national development process concerned with a diversity of Indonesian culture.

SENGKETA TATA USAHA NEGARA PASCA BERLAKUNYA UNDANG-UNDANG NOMOR 30 TAHUN 2014 Sudarsono, Sudarsono
TANJUNGPURA LAW JOURNAL Vol 1, No 2 (2017): VOLUME 1 ISSUE 2, JULY 2017
Publisher : Faculty of Law, Tanjungpura University

After the Reformation, several responsive laws were enacted, including Law Number 30 Year 2014 on Government Administration. The Government Administration Act is the legal basis for the government in carrying out governmental measures that provide legal protection for citizens for theactions of unlawful bodies / government officials. In the context of legal protection for the people through juridical control by the State Administrative Court, since the enactment of the Administrative Administration Law the competence that became the object of dispute in the State Administrative Court is wider, ie not only the Administrative Decision of the State, but also includes Government Action, Positive fictions, and testing of judgments of elements of abuse of authority. However, the extension of the competence of the State Administrative Court under the Government Administration Act has not been followed by the amendment of the State Administrative Justice Law, so in some cases there is an antinomy between the two laws. Such antinomies are aboutunderstanding the Decision of State Administration as well as about the enforcement of fictitious or negative fictitious lawsuits / requests. In the case of the subject of dispute, the provisions in the State Administrative Justice Act and the Administrative Law are relatively the same, in which thePlaintiff is a Civil Legal Entity, the Defendant is the State Administrative Agency / Officer, and the Intervention Party is a Civil Law Person . However, in the Government Administration Act there is a special case in the form of examination of the element of abuse of authority, where the Applicant isthe State Administration Officers / Officers. Against the antinomy and disharmonization between the State Administrative Justice Act as the formal law and the Government Administration Law as the material law, this paper seeks to conduct legal studies with the approach of legislation andconceptual approach, which is intended to realize harmonization and synchronization Between the two laws and regulations, so that the legal protection for the people will be realized through better handling of State Administration dispute in the State Administrative Court.

PENYELESAIAN NON-YUDISIAL TERHADAP PELANGGARAN HAM BERAT MASA LALU: TINJAUAN SOSIOLOGI PERADILAN Putra, Muhammad Yusuf; Irwansyah, Irwansyah
TANJUNGPURA LAW JOURNAL Vol 2, No 1 (2018): VOLUME 2 ISSUE 1, JANUARY 2018
Publisher : Faculty of Law, Tanjungpura University

Abstract Protection of Human Rights (HAM) is one of the characteristics of the rule of law. Violation of the right to life is a serious Human Rights violation that is qualified as a crime against humanity and a crime of genocide. Indonesia has enacted UU No.26 Tahun 2000 on Human Rights Courts as the basis for establishing a retroactive Ad Hoc Human Rights Court. Settlement of past gross human rights violations through the courts has been conducted in the 1999 East Timor case and the Tanjung Priok case in 1984. Both cases were terminated "free" at the Cassation and Reconsideration. From the judicial sociology review, both Judges' decisions are in fact extraction of interpretations of legal norms, moral values and social interests that live in society and become the nation's view. The sociological legal perspective provides the view that the judicial settlement has not been able to provide a sense of justice and beneficiary as a legal objective, therefore a non-judicial resolution is required for other cases of gross human rights abuses, as adopted by the Public Prosecution Service together with other government elements and Komnas HAM.

PENYELESAIAN SENGKETA INVESTASI MELALUI INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTE (Studi Kasus Pemerintah Indonesia vs Churchill Mining) Geraldi, Aldo Rico
TANJUNGPURA LAW JOURNAL Vol 2, No 2 (2018): VOLUME 2 ISSUE 2, JULY 2018
Publisher : Faculty of Law, Tanjungpura University

This research aims to determine International Centre For Settlement of Investment Dispute (ICSID), benefits and losses for Indonesia related with Choice of Option on Indonesian investment dispute settlement with Churchill Mining Plc in ICSID. This research uses normative legal research by gathering secondary data. Data collected is using the methods of literary study by collecting legal material and information in the form of legal materials of primary sources, secondary sources, and tertiary sources. In order to get a clear explanation, the data will arrange systematically and analyzed with descriptive methods. These results indicate that the disputes settlement between Indonesian Government against Churchill Mining through ICSID has several benefits, such as the confidentiality of the proceedings, the freedom to choose the arbitrator, the decision of the ICSID which are final and binding, and if the arbitration decision can be implemented in Indonesia it is necessary to obtain Exequatur of the Supreme Court. Although it has some benefits, however there are also some of the losses suffered by Indonesian Government, such as substantial costs to finance the proceedings at ICSID and if Indonesia was lost, it can cause financial loss with very large impact to country around trillions to pay compensation or indemnity.

THE PRESENCE OF PENALTY CLAUSE UNDER EMPLOYMENT AGREEMENT Hernawan, Ari
TANJUNGPURA LAW JOURNAL Vol 2, No 1 (2018): VOLUME 2 ISSUE 1, JANUARY 2018
Publisher : Faculty of Law, Tanjungpura University

The research has the objectives of identifying and analyzing the presence of penalty clause under Employment Agreement from Employment Law perspective and identifyng as well as analyzing the implementation of penalty clause under Employment Law by Mediator on Employment within their recommendation.This is a normative and empirical research. The data is obtained from library and field research by way of document review and interview of the subject of research. The data are analyzed qualitatively while the result is presented descriptively. The result research shows that the presence of penalty clause under Employment Agreement is not regulated explicitly under Employment Law, but since one of the aspects of Employment Law is subject to Civil Law through Employment Law, the provision of Contract Law regulated under Book III of The Indonesian Civil Code remains applicable. In this regard, Civil Law must be deemed as law in general, unless otherwise determined by Employment Law. A mediatorâ€™s recommendation on Employment Law does not fully implement penalty clause which is presence in The Employment Agreement since it is considered as contradictory to the reasonableness and justice. Mediator prioritizes good faith principle over pacta sunt servanda principle in providing their recommendation.

Diskresi Dalam Undang-Undang Nomor 30 Tahun 2014 tentang Administrasi Pemerintahan Muin, Firman
TANJUNGPURA LAW JOURNAL Vol 2, No 2 (2018): VOLUME 2 ISSUE 2, JULY 2018
Publisher : Faculty of Law, Tanjungpura University

Discretion raises confusion about jurisdiction in sense of Act No.30 of 2014. Contradiction of discretionary conceptual understanding with discretionary stipulation as a decision and act in accordance with Law admistrtive. Discretion is a concept of free to act, it is not a norm from state administration officers in welfare law (welvaarsstaat). The reason of a great burden of government to obligate creating welfare ( staatbemoienis) in both rush and order ( rush en order) is given discretion. Manisfestation of this is general and abstract policy regulation ( beleid regels), and becomes basic for officials of state administration to create a decision in administrative (beschikking).Â Regulatory policy is as a policy in execution of duty, and a function of service to community examined on the principle of arbitrariness (detournement de pouvoir), magisterial ( willikeur), and the general principle of good governance (algemene beginzelen van behoorlijke bestuur) through administrative appeals or objections. The authorized judiciary obligate to review legitimate or illegitimate policy regulation.

VULNERABILITY OF SOCIETAL SECURITY IN INDONESIA-MALAYSIA BORDER AREA AT SAJINGAN BESAR DISTRICT, SAMBAS REGENCY (2014-2016) Ningtias, Kartika; Sudagung, Adityo Darmawan; Darajati, Muhammad Rafi
TANJUNGPURA LAW JOURNAL Vol 2, No 2 (2018): VOLUME 2 ISSUE 2, JULY 2018
Publisher : Faculty of Law, Tanjungpura University

This research is intended to examine the means of Indonesia in adressing the vulnerability of the societal security in the Indonesia-Malaysia border area at Sajingan Besar District, Sambas Regency. Transnational activities in the Indonesia-Malaysia border area, especially at Sajingan Besar District, Sambas Regency, had an impact on national security. The existence of Indonesian society was threatened because of the very intense transnational activities with the Malaysian people on the border area. State as an actor in international relations has the obligation to secure its territory and inhabitants. The method used in this research was qualitative research method with case study technique. Data were collected by conducting interviews and conducting secondary data tracking, either from books, journals, or internet sources. The study was conducted by analyzing the societal security and national security approach. The means of Indonesia in 2014-2016 to address the vulnerability in Sajingan Besar District area include several issues, such as mentioned â€œborder areaâ€ in Nawacita, increasing presidential visits to the border area, development and improvement of infrastructure, and improvement of public policy. The means that had been done shows the increased attention and real action from the government of Indonesia towards their border area.

PARTISIPASI MASYARAKAT DALAM PEMBENTUKAN PERATURAN DAERAH BERDASARKAN UU NO. 23 TAHUN 2014 Patra, Rommy
TANJUNGPURA LAW JOURNAL Vol 2, No 1 (2018): VOLUME 2 ISSUE 1, JANUARY 2018
Publisher : Faculty of Law, Tanjungpura University

The communityÂ has the right to participate in the formulation of legislation, such as the Regional Regulation (Perda). The existence of community participation is an important element that becomes an element that can not be ignored in the implementation of Regional Government in this era of democracy and decentralization. As a legal instrument in the implementation of Regional Government, the Regional Regulation in its formation is expected to be not elitist which is only made by the Head of Region together with the DPRD but also must involve community participation. However, there are still obstacles in community participation in the formation of local regulations caused by factors within the community itself (internal), namely the ability and willingness of the community to participate, as well as external factors, namely the role of formal apparatus and institutions. In addition, there are at least two main issues that arise in the effort to apply community participation, namely: (1) determine the model and process of involvement that matches the policy to be taken; and (2) determine who / what institutions need to be involved. To overcome these obstacles, in order to increase the participation of the community there should be an expansion of access to information and transparency in the formation of local regulations and effective communication between the community and local government and DPRD as institutions that have the authority to form local regulations. Because only with the existence of transparency, participation, communication and accountability in forming local regulation, it can be expected to produce a participative and aspirational regulation with sociological needs of the community.

KEDUDUKAN BILATERAL IMPUNITY AGREEMENT (BIA)/NON SURRENDER AGREEMENT (NSA) TERHADAP STATUTA ROMA 1998 Wulandari, Ria
TANJUNGPURA LAW JOURNAL Vol 2, No 2 (2018): VOLUME 2 ISSUE 2, JULY 2018
Publisher : Faculty of Law, Tanjungpura University

The Rome Statute asserts that the ICC has jurisdiction over people (natural person). This affirmation is contained in article 25 (2) stating that persons committing offenses materially included in the ICC jurisdiction shall enter into individual criminal liability. Another article on the non-recognition of impunity is found in the provisions of article 33 of the Rome Statute stating that a person committing crimes covered by the Rome Statute on the basis of superior orders can not escape from criminal responsibility. But the 1998 Rome Statute has weak rules in article 98 paragraph 2 concerning cooperation concerning the release of immunity rights and consent to submit to which the treaty was made because of an existing SOFA agreement prior to the 1998 Rome Statute. The absence of impunity in the Rome Statute of 1998 has provoked a strong reaction from the United States. According to US, this non-impunity provision threatens its citizens, especially US troops who serve as peacekeepers or military cooperation with allies in various parts of the world. Therefore the United States uses the provisions of article 98 paragraph 2 to hold a number of bilateral agreements with various states stating that no citizen shall be an officer or former official, or any military personnel of any party which may be transferred or transferred by another State to the International Criminal Court for any purpose. This agreement became known as the Bilateral Implementation Agreement (BIA). Another term for this agreement is the NonSurrender Agreement (NSA). The BIA / NSA Agreement then becomes contradictory to the objective of the Rome Statute 1998 on impunity repudiation. If the BIA / NSA agreement is justified it will complicate the existence of the International Criminal Court.

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Location Kota pontianak, Kalimantan barat INDONESIA

Abstract

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Contact Name
-

Contact Email
-

Phone
-

Journal Mail Official
-

Editorial Address
-

Location
Kota pontianak,

Kalimantan barat

INDONESIA