Articles
86 Documents
<![CDATA[THE OVERCOMING OF ILLEGAL LOGGING IN CENTRAL SULAWESI ]]>
<![CDATA[Salam, Johnny]]>
<![CDATA[ Tadulako Law Review Vol 1, No 1 (2016) ]]>
Publisher : <![CDATA[Tadulako University ]]>
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<![CDATA[Abstract This study aimed to understand the effectiveness of crime prevention and illegal logging in Central Sulawesi , and factors - factors affecting the crime prevention efforts of illegal logging in the area is , as well as how participation and cultural ' differences community crime prevention efforts against illegal logging in Central Sulawesi . The singer research approach using socio- legal research methods . Results Singer discovered Implementation crime prevention of illegal logging in the region of Central Sulawesi province , as far as Singer Not Operate Effectively Walk ; As well as optimal NOT illegal logging crime prevention efforts in the region of Central Sulawesi province , at least influenced by three factors ; ( 1 ) low capacity of Human Resources , ( 2 ) There has been used to support the inadequacy of the law enforcement process . ( 3 ) the low level of awareness of the law society. Alpha Keywords: Overcoming, Illegal Loggin, Central Sulawesi]]>
<![CDATA[PROTECTION ON CULTURAL EXPRESSION AS A COPYRIGHTS OF THE KAKULA TRADITIONAL MUSIC ]]>
<![CDATA[Korompot, Ratu Ratna]]>;
<![CDATA[Miqat, Nurul]]>
<![CDATA[ Tadulako Law Review Vol 1, No 2 (2016) ]]>
Publisher : <![CDATA[Tadulako University ]]>
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<![CDATA[Legal instruments that can be used to protect music Kakula as traditional cultural heritage namely Intellectual Property Rights, in this case the rules relating to Copyright can be used as a basis for the protection of traditional musical art music Kakula. Copyright law provisions can be used as a basis for protecting cultural works are included in the scope of knowledge of art and literature. Kakula is a traditional musical instrument which is the traditional cultural heritage which is always used at events such as marriage ritual, the coronation of noble titles or formal occasions regions. The approach method in use is normative and normative anthropology, which takes secondary data and primary data through interviews with the parties relating to the cultural resources in the city of Palu, Donggala, and Sigi. As a result of the research after proposed in 2015, in 2016 coincided Kakula has been proposed to register as one of the Objects of Folklore.]]>
<![CDATA[AXIOLOGY ARBITRATION VALUE RULING IN THE CASE SETTLEMENT TRADE (Case Study Decision Of Supreme Court Number : 199 K / Pdt.Sus / 2012) ]]>
<![CDATA[Salam, Safrin]]>
<![CDATA[ Tadulako Law Review Vol 1, No 2 (2016) ]]>
Publisher : <![CDATA[Tadulako University ]]>
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<![CDATA[The existence of the Indonesian National Arbitration Board (BANI) in Indonesia that still exist to this day is one manifestation of diakomodasinya patterns of dispute resolution outside the court. Legal Considerations Application Reasons Cancellation Arbitral Article 70 of Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution in Supreme Court Decision No. 199 K / Pdt.Sus / 2012 Relation Ensure Legal Certainty In the disputing parties are legal considerations of the cancellation decision was not all acceptance or rejection of the cancellation request arbitration decision based on legal grounds contained in Article 70 of Law No. 30 of 1999. Act No. 30 of 1999 on the ADR needs to be improved, especially the explanation of article 60 and article 70 which could lead to legal uncertainty for justice seekers among businesses in the dispute and the opportunity loss of trust businesses to resolve the dispute out of court through arbitration institution (the Arbitration Tribunal Ad-Hoc, BANI, etc.)]]>
<![CDATA[LEGAL REVIEW ON E-COMMERCE AND THE BLUEPRINT OF THE ASEAN ECONOMIC COMMUNITY ]]>
<![CDATA[Ikbal, Mohammad]]>
<![CDATA[ Tadulako Law Review Vol 2, No 1 (2017) ]]>
Publisher : <![CDATA[Tadulako University ]]>
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<![CDATA[Revolution and development of Information and Transactions Elektrnik indirectly helped change the way of trading or buying and selling activities, using the virtual world (online) or better known as electronic transactions (e-commerce). In the framework of ASEAN Trade Integration and Liberalization it has been agreed that the Blueprint ASEAN Economic Community (AEC) with one of its pillars is ASEAN as a region with high economic competitiveness, with elements of competition rules, consumer protection, intellectual property rights, infrastructure development, taxation and E-commerce. Blueprint is a guide for ASEAN member countries to achieve a strategic timetable and timing of achievement of each pillar that has been agreed.]]>
<![CDATA[THE PENAL CODE REFORMULATION IN ERADICATION OF NARCOTICS CRIME ]]>
<![CDATA[Ginting, Iwan]]>
<![CDATA[ Tadulako Law Review Vol 2, No 2 (2017) ]]>
Publisher : <![CDATA[Tadulako University ]]>
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<![CDATA[The high penalty of imposed fines aims to provide a deterrent effect and fear, both for the perpetrator of the criminal itself and for others. However, with the formulation of high penalty penalty threats and the granting of the possibility by the Act to replace the implementation of a fine with a subpoena of imprisonment in a short time cause the fine penalty in Law Number 35 Year 2009 is not effective.]]>
<![CDATA[THE JURIDICAL REVIEW OF FREELANCE WORKERS BASED ON THE PRINCIPLES OF JUSTICE ]]>
<![CDATA[Sundalangi, Yofriko]]>
<![CDATA[ Tadulako Law Review Vol 3, No 1 (2018) ]]>
Publisher : <![CDATA[Tadulako University ]]>
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<![CDATA[This research aimed to investigate and obtain a clear picture about the status and the legal relationship of the freelance workers and the implementation of the manpower act to protect the freelance workers based on the justice principles. To expect that this research would be benefit for the readers in providing inputs or information about the status and the legal relationship with the freelance workers and the implementation of the manpower act to protect the freelance workers. The research used the normative empirical approach. The research population comprised the freelance workers, employers, and the data from the Department of Manpower and from the Social Security Administration Agency For Manpower in Makassar City. The samples were chosen using the Snowball Sampling Method and the descriptive analysis technique. The research results indicated that there had been many legal smuggling actions done by the enterpreneurs in their working relationship due to the absence of the clear regulations about the freelance workers. The enterpreneurs had not entirely fulfilled their responsibilities to the freelance workers, such as the wages of the workers had not been in accordance with MSEs, BPJS, Employment, Occupational Safety and Health. On the other hand, the freelance workers themselves were not yet aware of their rights and obligations because of the absence of the clear legal relationship set forth in the employment agreement and the lack of knowlegde. In fact, the employers should have implemented the provisions of the Employment Law which had been applied in accordance with the moral and legal responsibility.]]>
<![CDATA[REVIEW OF IMPLEMENTATION OF GOVERNMENT AUTHORITIES IN POLICY-MAKING IN THE "RELIGIOUS AFFAIRS" ]]>
<![CDATA[Abadi, Husnu]]>;
<![CDATA[Ibnususilo, Efendi]]>;
<![CDATA[Rahdiansyah, Rahdiansyah]]>
<![CDATA[ Tadulako Law Review Vol 3, No 1 (2018) ]]>
Publisher : <![CDATA[Tadulako University ]]>
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<![CDATA[Government absolute authorities in the religion affairs is the authority of the central government. In the dynamic development of political, many district that produce regional policy with respect to religion or to follow religious aspirations of local people. Some districts in Riau Province, a county division during the reform, including the district are very concerned about the development in the field of religion. In addition to physical development, the county authority also extend its authority in the religion affairs. Regional policy is embodied in the form of local laws, regulations regent, or Medium Term Development Plan (Plan) Government District in Riau Province. This is possible because there are no clear boundaries of understanding in the rule of religion affairs formulated by the law on local government. The central government, based on this study, it gives tacit consent when local governments do just that, because the rate it is going to add a lot of partners in the central government district. There is no struggle for power between central government and local governments, but the expansion of the district authority in religious issues involved in managing the government's response is a manifestation of the district in the religious aspirations of the people of the area]]>
<![CDATA[THE INTERNATIONAL LEGAL REVIEW OF THE MANAGEMENT OF OIL AND GAS IN INDONESIA ]]>
<![CDATA[Khairunnisa, Nur Fitriani]]>
<![CDATA[ Tadulako Law Review Vol 1, No 1 (2016) ]]>
Publisher : <![CDATA[Tadulako University ]]>
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<![CDATA[Abstract This research aims to determine the regulations of international law and the national law on the management of oil and gas in Indonesia. This research was conducted in several related Institutions in Jakarta, such as the Ministry of Energy and Mineral Resources, Directorate general of Oil and Gas, Ministry of Foreign Affairs and Pertamina Jakarta. This research conducted field research method, to find out the primary data through interviews with several resources who have competent research above objects, also used literature research method to find out the secondary data through the documents related to the object of research. The implementation of the cooperation contract adopting the system of the national sovereignty, in the implementation, each country has a different forms according the development of the contract system of oil and gas. Keywords: Contract, Oil and Gas in Indonesia]]>
<![CDATA[THE PROGRESIVE RECHTSVINDING IN CRIMINAL JUSTICE PROCESS ]]>
<![CDATA[Wahyu, Wahyu]]>
<![CDATA[ Tadulako Law Review Vol 1, No 2 (2016) ]]>
Publisher : <![CDATA[Tadulako University ]]>
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<![CDATA[The positive law still dominates in Indonesian’s law. Currently the legal institutions must do a new beginning. Legal proceedings not often able to resolve the law issue clearly, even provide the substantive justice for both of the perpetrators and the victims. The discovery of progressive law in the criminal justice process is indispensable today. For example is to implement the progressive judge’s decision that’s mean it is not just legalistic as a depictions of the constitution, judge’s decision not only to maintain order but to deliver improvements in public and to build the social harmonitations. For the last, judge’s decision must be visionary that reborned the courage morality and legal breakthrough for the better nation.]]>
<![CDATA[REGIONAL GOVERNMENT'S RESPONSIBILITY TO THE PROTECTION OF INDONESIAN WORKER EMPLOYED (TKIs) ABROAD (Review of Human Rights Perspective) ]]>
<![CDATA[Lasatu, Asri]]>
<![CDATA[ Tadulako Law Review Vol 2, No 1 (2017) ]]>
Publisher : <![CDATA[Tadulako University ]]>
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<![CDATA[The purpose of the establishment of the Republic of Indonesia is to protect and realize the welfare of citizens. Therefore, the main responsibility of the government is to provide protection and guarantee to every citizen to get a job and a decent living for humanity. Limitations of domestic employment, as well as the public's desire to work overseas, should be responded positively by the government, by formulating regulations both at the central and regional levels. This study will examine the roles and responsibilities of local governments as an effort the law protection against Indonesian Migrant Worker working abroad.This research is a normative legal research with approach of legislation and concept approach and analyzed qualitatively to give perspective on legal issue to the object of this research study. The results show that the responsibility of local government, especially in the pre-placement, post-placement, and empowerment phase of placement of migrant workers, while the placement of migrant workers is the responsibility of the central government. Implementation of local government responsibilities should be supported by regulations established by local governments.]]>
