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Tadulako Law Review
Published by Universitas Tadulako
ISSN : 25272977     EISSN : 25272985     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Arjuna Subject : -
Articles 10 Documents
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Search results for , issue "Vol 5, No 2 (2020)" : 10 Documents clear
AUTHORITY OF SUPERVISORY APPARATUS INTERNAL GOVERNMENT OR APIP IN DETERMINING STATE LOSSES DUE TO CORRUPTION IN LOCAL GOVERNMENT INSTITUTIONS Nurmayani, Nurmayani; Madinar, Madinar; Febbiazka, Karmila
Tadulako Law Review Vol 5, No 2 (2020)
Publisher : Tadulako University

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Abstract

This time, there is often debate between two financial supervisory institutions, namely between APIP (Supervisory Apparatus Internal Government) and BPK (Financial Audit Institutions) relating to the existence of the same authority in these two supervisory institutions. This authority is related to the calculation of state losses as regulated in Decision of the Constitutional Court No. 31 / PUUX / 2012 related to testing Law No. 30 of 2002 concerning the Corruption Eradication Commission or the KPK against the Indonesia Constitution 1945 or UUD 1945. The decision states that the KPK can not only coordinate with the BPK and BPKP (Supervisory Financial and Development) in terms of proof of corruption but can also coordinate with other agencies, it can even prove itself apart from the findings of the BKP and BPKP. Based on this background, the problem in this research is how is the authority of APIP in calculating state losses due to corruption in Local Government agencies? The problem approach in this research is normative legal research, normatively is the approach by collecting and studying, documents, and applicable laws and regulations, which are related to the determination of state losses by APIP.The results of the research shows that based on Article 50 paragraph (1) of Government Regulation Number 60 Year 2008 concerning Government Internal Control Systems, APIP can conduct audits with specific objectives in order to calculate the state losses due to corruption. However, in calculating state losses, APIP must get a request from the legal apparatus first as stated in the cooperation agreement made by the Inspectorate and BPKP as APIP. Based on these rules, APIP only has a mandate from the legal apparatus so that the audit results of the APIP is informative and do not constitute a state administration decision. Therefore based on the Supreme Court Circular No. 4 of 2016 concerning the Imposition of the 2016 Supreme Court Chamber Room Plenary Meeting Results as a guideline for the implementation of duties for the court, APIP is only authorized to calculate state losses and can only determine state losses by BPK.
PROTECTION OF PRIVATE DATA CONSUMERS P2P LENDING AS PART OF E-COMMERCE BUSINESS IN INDONESIA Winarso, Teguh; Disemadi, Hari Sutra; Prananingtyas, Paramita
Tadulako Law Review Vol 5, No 2 (2020)
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The use of information technology in Indonesia has increased significantly and has affected the aspects of human life. One of them is the presence of e-commerce platform money lending rather than financial technology in the form of peer to peer lending (P2P Lending). P2P Lending is the practice or method of giving money to individuals or businesses and vice versa, applying for loans to lenders, which connects lenders with borrowers or investors online. However, the problem currently faced is the protection of P2P Lending consumers' data. Therefore, this normative legal research aims to find out and examine the protection of personal data of P2P Lending consumers as part of the e-commerce business in Indonesia. This research shows that the implementation of P2P Lending is regulated in POJK No. 77/POJK.01/2016 and PBI No.19/12/PBI/2017. These two rules were formed aiming to ensure the implementation of P2P Lending and be able to keep abreast of financial technology very quickly. Then the protection of P2P Lending consumer private data has been set in the ITE Law. The presence of the ITE Law aims to protect private data in P2P Lending activities as part of an e-commerce business. But the ITE Law does not yet contain specific data protection rules.
A COMPARATIVE STUDY ON THE RECOGNITION OF THE RELIGION IN THE INDIGENOUS PEOPLE COMMUNITY IN INDONESIA ACCORDING TO THE CONSTITUTIONAL COURT DECISIONS NUMBER 97/PUU-XIV/2016 AND 140/PUU-VII/2009 Sihombing, Uli Parulian; Safa'at, Muchammad Ali; Setya Negara, Tunggal Ashari; Widiarto, Aan Eko
Tadulako Law Review Vol 5, No 2 (2020)
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This article is intended to conduct a legal research on how the constitutional courts have interpreted the meaning of the religion in the constitution of Indonesia. The author has applied normative legal reseach method by compiling and analyzing the constititonal court decisions related to the issue of the religios in the indigenous community in Indonesia. Also, the author try to raise a statutory approach and legal reasonings in the constitutional court decision to analyse the legal issues. According to the result of this legal research, the author comes to the following conclussions; the constitutional court decisions has applied and used the historic interpretation method of a religion meaning in the constitution, but the constitutional courts have come to the different result of the religion meaning in the constitution. While the constitutional court decision number 140/PUU-VII/2009 excluded the meaning of the religion in the constitution, however, the constitutional court decision number 97/PUU-XIV/2016 embarced the meaning of the religion in the constitution.
BUSINESS ETHICS FORMULATION BASED ON LEGAL ASPECTS IN THE IMPLEMENTATION OF GCG (GOOD CORPORATE GOVERNANCE) Putri, Mitrida Iga Rahma; Turisno, Bambang Eko
Tadulako Law Review Vol 5, No 2 (2020)
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Abstract

Corporate governance is defined as a subject that has many aspects. One of the main topics in corporate governance concerns issues of accountability and mandate responsibility, specifically the implementation of guidelines and mechanisms to ensure good behavior and protect the interests of shareholders. Weak corporate governance is often cited as one of the causes of financial crises in Asian countries. The main characteristic of weak corporate governance is selfish action on the part of company managers. The method used is a normative juridical method with the types and techniques of data collection with legal literature and literature review. This study aims to find out and get a picture of the concept of good corporate governance in business ethics and to know the formulation of business ethics based on legal aspects in the application of corporate governance in creating good corporate performance. Good corporate governance can be created if there is a balance of interests between all parties concerned with our business. Identifying the balance in its existence requires a measurement system that can absorb every strategic and operational dimension of the business.
IMPLEMENTATION OF THE AGRICULTURAL LAND TRANSFER FUNCTION FOR HOUSING IN SIGI Rachman, Rahmia; Datupalinge, Suarlan; Ardiansyah, Erlan
Tadulako Law Review Vol 5, No 2 (2020)
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Sigi is a region which has an area of 5.196 , with a population of 229.474 inhabitants. Sigi location of the region is not too far to the capital of Central Sulawesi province, the city of Palu, from year to year growth of people needing somewhere to stay home. Housing developments in Sigi is growing as well. The impact, the development of residential areas in Sigi reduces existing agricultural lands. With the limited land in this area tends to be increased conversion resulting from agricultural land to non-agricultural rapidly and progressively. Agricultural land have been converted to other uses outside the agricultural sector will be very little chance to turn back to agriculture.The problems examined in this study aims to determinehow the implementation of the conversion of agricultural land into housing in Sigi.The results of this study indicate that agricultural land conversion to non agriculture has frequently occurred in the village of Pombewe, Sigi. Some agricultural land in the village Pombewe much in alihfungsikan into housing, but land is not included in the sustainable food agricultural land, due to be sustainable food agricultural land as well as the requirements and criteria to be set by the Regent.
THE PRINCIPLE OF THE MAXIMUM AVAILABLE RESOURCES (MAR) OBLIGATION IN REGIONAL FINANCE IN INDONESIA Ansar, Ansar; Razak, Abdul
Tadulako Law Review Vol 5, No 2 (2020)
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One of the major resources in the regions is financial resources sourced from the Regional Revenue and Expenditure Budget (APBD). In its management, it creates uncertainty about the fulfillment of human rights in regional financial management. This is because one of them is the regional financial regulation which causes the budget allocation for the issue of Economic, Social and Cultural Rights to be very inadequate. Therefore, this paper proposes that the government applies the Principle of Maximum of Available Resources (MAR) in the management of regional finances, especially in the budget for fulfillment of economic, social and cultural rights. In this research, the author uses a normative legal methodology by examining several regional financial law products (regional regulations on regional revenue and expenditure budgets) by utilizing two approaches, namely the statutory approach and the conceptual approach. In this research, the author limits it only to the right to social and cultural affairs in particular, the right to education, the right to health, the right to food, the right to housing. To discuss this matter, the authors chose 4 areas as research objects, namely Province of Kepulauan Bangka Belitung, Province of South Kalimantan, Malang City, Denpasar City and Palu City.
INDONESIAN CHILDREN PROTECTION POLICY AS A PREVENTION OF SEXUAL EXPLOITATION THROUGH SOCIAL MEDIA Ikhsan, Ikhsan; Pujiyono, Pujiyono
Tadulako Law Review Vol 5, No 2 (2020)
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Besides offering various facilities and economic benefits, globalization also has many negative impacts. Commercial sexual exploitation of children is one of the negative impacts caused by the current of globalization. Sexual exploitation of children is currently experiencing developments influenced by globalization, one of which is the sexual exploitation of children through online media or social media. In some cases in Indonesia, sexual exploitation of children through social media is usually done through live broadcasts called by the term “vidsex (video sex)” or “vidcallsex (video call sex)” which is interpreted as a live video call for sexual scenes. Therefore this normative study wants to examine the Indonesian government’s policy efforts as a preventive effort in tackling the sexual exploitation of children through social media. The results of this study indicate that the regulation as a preventive measure for the protection of children against sexual exploitation of children through social media has generally been regulated in legislation such as the Child Protection Law and the Information and Electronic Transaction Law.
THE STATUS OF ADOPTED CHILDREN IN INHERITANCE ACCORDING TO THE CUSTOMARY LAW OF KAILI TRIBE IN CENTRAL SULAWESI Aifan, Aifan; Dewi, Marini Citra
Tadulako Law Review Vol 5, No 2 (2020)
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One of the goals of marriage is to achieve happiness and continue offspring. As stated in the provisions of Article 1 of Law Number 1 of 1974, that the purpose of marriage is to form a happy family and to have a close relationship with offspring. But in reality, it is not uncommon in a marriage or a family not to get offspring for various reasons, therefore it is done by taking over someone else's child which is then put into a family member as a substitute for children that cannot be obtained naturally. In this research, the juridical empirical approach method is used, while the research specification is descriptive analysis with data obtained through literature and field results. The position of adopted children as heirs of their adoptive parents and the distribution of inheritance to adopted children based on the Kaili customary law in Central Sulawesi are very important. Adopted children are often in a difficult position. Adoptive parents are always careful in the implementation of the distribution of inheritance to adopted children, the goal is to avoid inheritance disputes between their heirs, but must always adhere to the customary law adopted in the community. As for the problems that the author raises regarding 1, How is the inheritance system for adopted children in customary law? 2, What is the position of adopted children in inheriting the inheritance according to the Kaili customary law in Central Sulawesi? Although the position of adopted children is the same as that of biological children as family members of adoptive parents, in certain cases, for example, in obtaining the assets of their adoptive parents according to customary inheritance law in each region in Indonesia is not the same.
LAW ENFORCEMENT IN ILLEGAL LEVIES BY PUBLIC OFFICIALS ASSOCIATED WITH THE THEORY OF COST AND BENEFIT ANALYSIS Pratiwi, Miranti Putri
Tadulako Law Review Vol 5, No 2 (2020)
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Public officials who carry out illegal levies are threatened with article 12e of Act 31 of 1999 as amended with Act 20 of 2001 concerning Amendments to Act 31 of 1999 concerning Eradication of Corruption. In practice, illegal levies are often carried out in relatively small amounts and are massive. Law enforcement of illegal levies performed by public officials is carried out with the establishment of the Saber Pungli Task Force based on Presidential Regulation (Perpres) 87 of 2016 concerning the Clean-Sweep Illegal Levies Task Force and it will be associated with the theory of Cost and Benefit Analysis. This research uses the normative legal research method by specializing in the approach by using national legal rules to find out law enforcement in cases of illegal levies performed by public officials. The results of this study indicate that law enforcement against illegal levies performed by public officials through the establishment of the Saber Pungli Task Force Team is in line and related to the application of the theory of Cost and Benefit Analysis that compares costs incurred by law enforcement with the benefits obtained through the calculation of losses carried out by illegal levies.
THE IMPLEMENTATION OF THE FUNCTIONS OF SPECIAL DEVELOPMENT INSTITUTIONS FOR CHILDREN IN THE PROTECTION OF HUMAN RIGHTS FOR CHILDREN Sari, Andi Rima Febrina; Razak, Abdul; Muchtar, Syamsuddin
Tadulako Law Review Vol 5, No 2 (2020)
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Criminal or criminal conduct is carried out in a Penitentiary through guidance and guidance given to those who have broken the law. This fostering policy with the Penitentiary System reflects that the State of Indonesia is a country that upholds Human Rights. The aim of this research is to find out the forms of fulfillment of human rights for children who commit crimes in the Special Guidance Institution of Children and the prospects for the implementation of the functions of the Special Guidance Institution of Children in protecting human rights for children. This research is empirical normative legal research. Based on normative jurisprudence and seeing the facts directly in the field relating to the form of coaching conducted in Special Child Development Institute Class II Parepare. The results of the study showed that basically the forms of education, skills training, and personality development that have been carried out in Special Child Development Institute Class II Parepare but are considered not yet optimal in fulfilling human rights for children and have not proceeded properly. The protection of human rights for children where in order to be able to realize the concept of child development in the Special Child Development Institute in accordance with the fulfillment of human rights for children needs to change the mindset or mindset of the goal of child punishment, shifting thinking from punishment to punishment coaching for children, besides the need for cooperation that can not be separated from coordination between institutions, both the Ministry of Law and Human Rights, the Ministry of Social Affairs, the Ministry of Education, the Ministry of Women's and Child Empowerment, the Indonesian Child Protection Commission, Non-Governmental Organizations, Foundations and Institutions other institutions involved in implementing child development in accordance with Law Number 11 of 2012 concerning the Juvenile Criminal System.

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