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Jurnal Akta Yudisia
Published by Universitas Borneo Tarakan
ISSN : 25022253     EISSN : 26865963     DOI : -
Core Subject : Humanities, Education, Social,
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other
Jurnal Akta Yudisiaaims to develop legal sciences with focus on providing original essay, legal commentaries, responses to article printed to the journal, both establishes and emerging academic and practioners. Jurnal Akta Yudisia published on January and July. It contains articles on doctrine and scholarship.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
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Search results for , issue "Vol 5, No 2 (2020): JURNAL AKTA YUDISIA VOLUME 5 NOMOR 2" : 5 Documents clear
REPUDIASI DALAM PEMENUHAN PRESTASI KONTRAK PENGADAAN BARANG/JASA PEMERINTAH Chrestella Chrestella
JURNAL AKTA YUDISIA Vol 5, No 2 (2020): JURNAL AKTA YUDISIA VOLUME 5 NOMOR 2
Publisher : Universitas Borneo Tarakan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35334/ay.v5i2.1911

Abstract

Abstract Government goods/services is never free from contracts. The contract is the basis of every action / achievement carried out both by the Government as the user of the goods / services and the Provider as the provider of the goods / services. In the process of running a contract is very prone to conflict / dispute between the parties. On average, contract conflicts up to contract disputes take place after the contract expires so that they can be carried out through courts or alternative dispute resolution institutions stipulated in the law. However, teh main point is this study is the contract conflict that has not been a contract dispute because the contract has not ended (the periode of contract execution) or the contract has not started (pre-contract). Can it be called a default if the contract has not been completed and there are parties who want to cancel the contract? Do the principles of goodfaith and balance apply to contracts where one of the parties is the government?Based on this, the following matters will be examined: 1) The principle of good faith in the government through contract repudiation to prevent breach of contract; 2) The principle of balance in the implementation of contract repudiation of government goods/service procurement. The research method used a normative juridical method with statutory and conceptual approaches. From the results of the study, it was concluded that in the case of the Government with the principle of good faith and proportional balance of contracts through Repudiation efforts trying to prevent harmful things such as defaults when the Government considers that the contract cannot be continued. The value of good faith as the most fundamental basis coupled with balance values in accordance with its portion or the so-called proportional principle must really be the most serious concern in making contracts not only to safeguard the rights and obligations of the parties but more importantly to achieve the purpose of the contract that is the fulfillment of government goods / services.  Keywords : Repudiation, governement, contract, good faith, proportional.
KEDUDUKAN PERATURAN MENTERI TERHADAP PEMBENTUKAN PERATURAN DAERAH Riski Riski
JURNAL AKTA YUDISIA Vol 5, No 2 (2020): JURNAL AKTA YUDISIA VOLUME 5 NOMOR 2
Publisher : Universitas Borneo Tarakan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35334/ay.v5i2.1912

Abstract

Regional Regulation which in principle are formed in the context of carrying out government affairs which are the authority of the regions, in fact are considered to be contrary to ministerial regulation. This is because the position and content of the ministerial regulation has not been regulated in the Law on the formation of regulation, while the level of dynamics of change is very high and fast compared  to  local  regulations  whose  formation  is  influenced  by  political interests in the region and requires a long time. The problems discussed in this study were the legis ratio of the position of ministerial regulation according to Law  Number  12  of  2011  concerning  the  formation  of  regulations  and  the juridical implications of the position of ministerial regulation on the formation of regional regulations. This study aimed to determine the legis ratio of ministerial regulation according to Law Number 12 of 2011 concerning the formation of legislation and the juridical implications of the position of ministerial regulation on  the  formation  of  regional  regulations.  This  research  was  expected  to contribute thoughts both theoretically and practically to the dynamics of legal development in Indonesia. The research used normative juridical method that consisted of primary, secondary and non legal materials. From the results of the study it was concluded that, First, the position of ministerial regulation is a legislation that was formed based on the order of higher legislation (delegated legislation), while ministerial regulation which was formed based on authority is a policy regulation (Beleidsregel). Second, regional regulation must refer to and base their formation on ministerial regulation, if the ministerial regulations is formed based on the authority of attribution and/or delegation of the formation of legislation and its position contained in the hierarchy of statutory regulations and not formed based on the authority to administer government affairs (Bestuur). Keywords: Status of Regulations, Ministerial Regulation, Regional Regulation
Pemerintahan Pada Masa Transisi Pergantian Kepala DaerahDalam Perspektif Otonomi Daerah Abdul Azis Hasan
JURNAL AKTA YUDISIA Vol 5, No 2 (2020): JURNAL AKTA YUDISIA VOLUME 5 NOMOR 2
Publisher : Universitas Borneo Tarakan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35334/ay.v5i2.1913

Abstract

Abstract  Two problem formulations were discussed in this study, namely the politics of law of governance in the transition period of the replacement of regional heads in Indonesia and the organizational design and governance work in the transition period of the replacement of regional heads in the perspective of regional autonomy. As a normative legal research, it used the statute and the conceptual approaches. Based on the results of the study it was concluded that the politics of law of regional governance in the transition period of the replacement of regional heads in Indonesia are partially regulated in Law Number 10 of 2016 where regional heads are prohibited from replacing officials 6 (six) months prior to the date of the nomination of candidate pairs up to the end of the term of office and 6 (six) months from the date of inauguration unless obtaining written approval from the Minister. Furthermore, in Regulation of the Minister of Home Affairs No. 86 of 2017, it is regulated that the formulation of vision, mission and program of candidates for regional head and deputy regional head must be guided by the RPJPD and if there is a time lag between the elections until the inauguration of the elected regional head exceeds a period of 6 (six) months, the draft the RPJMD technocracy can be refined by referring to the vision, mission, and program of the elected regional head. The implementation of the two regulations has the potential to violate the principles of regional government implementation, namely professionalism, public Intertest, and effectiveness. In order to minimize the potential violations of the principle of regional government implementation, it is necessary to revise Law Number 10 of2016 and Permendagri Number 86 of 2017. Keywords:  Regional  Government,  Transition  Period  Substitution  of  RegionalHeads, Transition  
ETIKA JURNALISTIK DALAM PERSPEKTIF HUKUM ISLAM Zainal Abidin Muhja; Liza Shahnaz
JURNAL AKTA YUDISIA Vol 5, No 2 (2020): JURNAL AKTA YUDISIA VOLUME 5 NOMOR 2
Publisher : Universitas Borneo Tarakan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35334/ay.v5i2.1914

Abstract

AbstractThis article highlights the importance of journalistic ethics concerning disseminating information to the public, especially on social media, so that community unity and integrity are maintained and are not easily provoked by false issues. This research is legal research using a normative approach and Islamic literature approach. This research found that a Muslim journalist must put forward several principles: tabayyun, positive thinking, and intention not to spread fake news.Keyword (s): Ethics, Journalistics, Islamic law.
REDESAIN RANCANGAN UNDANG UNDANG OMNIBUS LAW CIPTA LAPANGAN KERJA Basuki Kurniawan
JURNAL AKTA YUDISIA Vol 5, No 2 (2020): JURNAL AKTA YUDISIA VOLUME 5 NOMOR 2
Publisher : Universitas Borneo Tarakan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35334/ay.v5i2.1915

Abstract

The investment climate is difficult to develop when there are too many overlapping regulations from the center to the regions, and the old licensing procedure is a source of ongoing problems. Seeing this, President Jokowi made a breakthrough by using the Omnibus Law for Job Creation or often referred to as the Cilaka Omnibus Law Bill. This is something new in Indonesia, but it is a breakthrough in resolving legal chaos in Indonesia. However, the desire of the Government to get a response from a fairly large wave of demonstrations from the workers and society. The demonstration was based on the contents of the articles in the Job Creation Omnibus Law Bill which were deemed to be detrimental to the Indonesian people and workers. Based on the author's opinion, we conclude several things. First, the Job Creation Omnibus Law Bill has several deeper corrections, especially in the paradigm and substance of regulations regarding layoffs, permits, and regional autonomy (decentralization). Second, the Cilaka Omnibus Law Bill intends to reduce the existence of hyper-regulation (the number of laws and regulations), but the bill creates derivative regulations that make more and more new rules emerge. So it is best if the Omnibus Law Job Creation Bill needs to be rearranged while still involving the wider community in providing input and views for the perfection of this Job Creation Bill. Keywords: Omnibus Law, Job Creation

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