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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 86 Documents
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AUTHORITY OF RELIGIOUS COURT IN SETTLEMENT OF SHARIAH BANKING DISSOLUTION Astanti, Dhian Indah; Heryanti, B.Rini; Juita, Subaidah Ratna
Tadulako Law Review Vol 3, No 2 (2018)
Publisher : Tadulako University

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Abstract

The principle of Islamic banking is part of Islamic teachings relating to the economy. One of the principles in Islamic economics is the prohibition of usury in its various forms, and using the system, among others, in the form of profit sharing principles. With the principle of profit sharing, Islamic banks can create a healthy and fair investment climate because all parties can share both the benefits and potential risks that arise so that they will create a balanced position between the bank and its customers. Seeing the development of Islamic banks so far, sharia principles which are the main foundation of Islamic banks in carrying out their duties have not been able to be implemented and enforced optimally, especially in the event of a dispute between parties, Islamic banks and their customers. This study aims to determine and understand the authority of the Religious Courts in resolving sharia banking disputes and the principles of handling sharia banking dispute resolution. This research is a sociological juridical legal research. This approach was chosen considering that in order to achieve the objectives of the study not only based on legal provisions. However, there are sociological factors which need to be addressed, such as social phenomena related to sharia banking dispute resolution. Methods of data collection were conducted through interviews, questionnaires, and literature studies. Data collected includes primary data and secondary data then will be analyzed qualitatively and identified and carried out categorization. From the results of the analysis, conclusions will then be drawn as answers to existing problems. With the issuance of Law Number 3 of 2006 concerning Amendments to Law Number 7 of 1989 concerning Religious Courts since 30 March 2006 has provided a legal umbrella for the implementation of Sharia Economics in Indonesia and disputes in sharia banking are the authority of the religious court environment, dispute resolution related to sharia banking economic activities completed in two ways, namely litigation and non-litigation, besides that the issuance of Law Number 21 of 2008 concerning Islamic Banking further reinforces the dispute resolution mechanism between the bank and the customer as stipulated in Article 55 paragraph (1), (2) and ( 3) that dispute resolution is carried out in accordance with the contents of the contract.
RELEVANCE OF CREATOR’S ECONOMIC RIGHTS PERIOD WITH PUBLIC ACCESS RIGHT IN THE BOOK OF KNOWLEDGE Roisah, Kholis
Tadulako Law Review Vol 3, No 2 (2018)
Publisher : Tadulako University

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Abstract

Economic rights are creator’s or Copyright holder’s exclusive rights to gain economic advantages over his creation. The history of economic rights in Indonesia continuously experiences changes until the most recent is Copyright Act Number 28 Year 2014 about Copyright of creators’ economic rights is protected for a lifetime plus 70 years after the death of the creator. This change has affected public people, particularly in access to the book of knowledge. This research was conducted using juridical normative method. From the result of the research, it can be concluded that prolonged protection of economic rights causes difficulty for public to access the book of knowledge because public highly depends on books that has become public domain. The book of knowledge is difficult to be accessed because its price tends to be expensive. It is probably useless to wait for the book to be publicly owned because by the time the book is going public, the content will no longer relevant.
IMPLEMENTATION OF STATE CONFISCATED OBJECTS STORAGE HOUSES (RUPBASAN) BY LAW NUMBER 8 OF 1981 CONCERNING LAW BOARD LAW OF CRIMINAL EVENTS (KUHAP) Eleanora, Fransiska Novita
Tadulako Law Review Vol 4, No 1 (2019)
Publisher : Tadulako University

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Abstract

State confiscated storage house (rupbasan) in the provisions of the Criminal Procedure Code (Criminal Procedure Code) is a place of storage of confiscated objects or the proceeds of state booty in the form of movable and immovable goods to be stored after receiving a permanent decision from the court must incorporated into rupbasan, in carrying out its duties, Rupbasan still experiencing obstacles both internally or externally to be addressed properly, so that Rupbasan as a place to keep confiscated objects remain existence and competence according to its function. Internal obstacles are lack of human resources (HR), limited facilities / infrastructure, lack of regulation about Rupbasan, unknown level of examination case of goods deposited, no time limit of goods custody, External obstacles of assumption law enforcement officers that rupbasan has not been able to manage / storing confiscated objects of state, and there is no similar perception of society related to rupbasan, especially related institutions.
URGENCY PROVISION OF SEA WATER TREATMENT INVESTMENT LEVY WITH SWRO TECHNOLOGY Wulandari, Ratih; Hirsanuddin, Hirsanuddin; Asikin, Zainal
Tadulako Law Review Vol 4, No 1 (2019)
Publisher : Tadulako University

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Abstract

Indonesia is a country with a million potential of profitable natural resources. This archipelago country is also a country with abundant water richness but still often occurs scarcity of clean water one of which happened in Gili Trawangan, North Lombok regency of West Nusa Tenggara province. To overcome the lack of access to clean water, PT. Berkat Air Laut conducting investment activities of seawater into freshwater/clean water with desalination technique through the technology of Sea Water Reverse Osmosis (SWRO). Unfortunately, the investment process is always experiencing obstacles in the licensing process due to the absence of provisions regarding the redistribution of such activities. The purpose of this research is to analyse sea water treatment investments with SWRO technology related to the legal void of regional retribution. The methods used are approach to statutory regulations, approach to concepts and approach of the case. These approaches are used to analysts form legal certainty regarding the imposition of seawater retribution. The results of the research obtained is that the Law No. 7 of 2004 on water resources has been cancelled by the Constitutional Court of Indonesia as well as stating the re-enactment of Law No. 11 year 1974 of Irrigation but these laws are not comprehensive to accommodate any water resources related activities. Then, other related rules such as Law No. 28 of 2009 on Regional Taxes and Retribution, Regulation of the Minister of Marine Affairs and Fisheries of the Republic of Indonesia No. 47/PERMEN-KP/2016 on the Utilization of Water Conservation Area, West Nusa Tenggara Provincial Regulation No. 12 year 2017 about the Plan Zoning of Coastal Regions and Small Islands of West Nusa Tenggara in 2007-2037 and other special rules do not explain the provisions regarding the levy on sea water treatment so that the void of law needs to be new legislation related to water resources.
REGULATION ON SOCIAL SECURITY SYSTEM FOR WORKERS TO ACHIEVE SAFETY AND HEALTH AT WORK; COMPARISON BETWEEN INDONESIA AND MALAYSIA LABOUR LAW Ningsih, Ayup Suran
Tadulako Law Review Vol 4, No 1 (2019)
Publisher : Tadulako University

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Abstract

Occupational safety and health (OSH) is a human right and an integral part of people-centered agenda for development. Safe work also underpins sustainable enterprises which benefit from improved productivity, quality, and workforce motivation. A healthy workforce and safe and productive enterprises are part of successful and sustainable development strategies. The government is obliged to protect workers through the making of public policy. The Implementation of public policy in order to protect workers is the public enactment of the rules in the field of occupational safety and health. Laws and regulations that are public are made to reduce the freedom of the individual worker and workers, so worker "forced" to meet the health and safety rights of the workers responsibly. Indonesia and Malaysia have relations with foreign workers, so many Indonesian works in Malaysia until today. It is important to know and analyze the labor law within the two countries. The aim of this paper is to examine the comparison of labor law between Indonesia and Malaysia in supervision safety and health at work.
FOUNDATION RIGHTS OF UNDERGROUND BUILDING FROM HORIZONTAL SEPARATION PRINCIPLE’S PERSPECTIVE Missariyani, Missariyani
Tadulako Law Review Vol 4, No 1 (2019)
Publisher : Tadulako University

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Abstract

This paper discusses the foundation rights of underground buildings from the perspective of horizontal separation principle. The first discussion is about the foundation rights of underground buildings according to the principle of horizontal separation and legal construction in the utilization of the right to use underground space for buildings. Furthermore, it will be discussed more specifically the legal basis of state authority in land use, licensing in the construction of buildings under the basement, building rights as the object of building law, construction of underground use rights law as a new concept in national agrarian law.
CRIMINAL SANCTION IN ADMINISTRATIVE LAW: A RIGHT WAY TO GO?(APPLYING CRIMINAL SANCTION IN ADMINISTRATIVE ACT) Naibaho, Nathalina
Tadulako Law Review Vol 4, No 1 (2019)
Publisher : Tadulako University

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Abstract

This article is questioning the problems of formulating criminal sanction in administrative act to solve legal problems in economic activities. This discussion is important, particularly with respect to the heterogeneity of regulations in economic activities. This research argues that this heterogeneity creates legal uncertainty which in turn broader discretion in resolving legal problems in economic activities. This paper will identify the criteria of the offense, which should have criminal sanctions and/or administration in practice law by conducting a review of development of the offenses and sanctions that will influence criminal law in the future.
STATUS OF CERTIFICATE ON THE BUILDING ON THE GREEN OPEN SPACE AREA (CASE STUDY OF CHANGING GREEN OPEN SPACE TO THE RIGHT OF BUILDING USE IN BANDAR LAMPUNG CITY) Hariono, Hariono
Tadulako Law Review Vol 4, No 1 (2019)
Publisher : Tadulako University

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Abstract

The author raised about the status of certificate of building rights in the area of green open space. will begin by revealing the green open space as one of the spatial arrangements in urban areas, will require the land as a container of green open space development in question. Development of green open spaces built in urban areas, related to the full utilization of land directly controlled by the state in the form of pertinent building rights. To ensure the legal certainty of the land for use of the building concerned, it is necessary to do so with the registration of the right to use the building. The permission granted by the municipal government to the conversion of green open space to the right to use the building is a form of abuse of authority by the city government of Lampung.
LEGAL RESPONSIBILITY OF SKIZOFRENIA PATIENTS AS A CRIMINAL PREPETRATOR Aisy, Bilqis Rihadatul; Ibrahim, Dina Oktarina; Haruna Intang, Khusnul Katimah; Tindage, Monique Anastasia
Tadulako Law Review Vol 4, No 1 (2019)
Publisher : Tadulako University

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Abstract

The study, entitled Liability Law of People with Schizophrenia as an Actor Crime aims, first to analyze ability schizophrenic responsible under criminal law. Second, to know the reasons for the criminal punishment for a schizophrenic who committed a criminal act. The method used in this paper is a normative legal research method which is the legal research literature that examines the methods used in the existing library materials using the approach of legislation (Statue Approach). Concluded based on the results of this study, first: the person be able bear the responsibility under the criminal law seen from the ability irresponsibility, while schizophrenic who has a disorder that is psychosis or illness on the ability of common sense (ziekelijke storing) does not have the ability to be responsible as the condition is made clear by article 44 paragraph (1) Criminal Code which explains that people with disabilities in the growth of his soul (gebrekkige ontwikkeling) or impaired due to illness (ziekelijke storing) can not be held accountable and can not be convicted. Second: skizophrenia patients who commits an offense is punishable with some legal considerations that there is evidence in the form of post mortem, the fulfillment of the elements and their causal relationship deeds and psychiatric conditions.
TRADE WAR BETWEEN UNITED STATE OF AMERICA AND CHINA REVIEWED FROM THE RETALIATION PRINCIPLE Savira, Gina Nafsah; Latifah, Emmy
Tadulako Law Review Vol 4, No 2 (2019)
Publisher : Tadulako University

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Abstract

This paper aims to examine how the principle of retaliation in the case of a trade war between the United States and China is now happening. The General Agreement on Tariff and Trade (GATT) in the World Trade Organization (WTO) has regulated acts of retaliation in the context of international trade. Even though there are different conceptions of retaliation in the two international legal frameworks, they both recognize the retaliation action. The results of the study shows that the economic policies carried out by the United States are called trade remedies in the form of protestionism which aimed to minimize the negative impact of imports on domestic products. Furthermore, actions taken by China are one example of the remedial actions in the form of retaliation. WTO has a remedy mechanism which is divided into three types, namely: (a) the plaintiff withdraws or changes actions that are not in accordance with the WTO; (b) compensation; and (c) delaying concessions or commonly called retaliation.

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