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All Journal Jurnal Yustika: Media Hukum dan Keadilan Jurnal Hukum dan Pembangunan
Citrawan, Fitrah Akbar
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Kebijakan Formulasi Tindak Pidana terhadap Pelaku Usaha yang Tidak Melaksanakan Putusan KPPU yang Sudah Inkracht Citrawan, Fitrah Akbar
JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN Vol. 22 No. 02 (2019): Jurnal Yustika: Media Hukum dan Keadilan
Publisher : Fakultas Hukum Universitas Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24123/yustika.v22i02.2501

Abstract

Article 44 paragraphs (4) and (5) of Law no. 5 of 1999 regulates that for business actors who do not carry out the KPPU's decisions that have permanent legal force (BHT), KPPU can hand over these business actors to investigators. The provision is unclear, that is, it is not written / stated explicitly, including the categories of acts that can be subject to / threatened with principal or additional crimes as in Articles 48 and 49 of Law No. 5 of 1999. The lack of clarity is related to the issue of formulasi policy which is one of the strategic policies in realizing more rational laws and becomes a guideline for the next functionalization stages, namely the application and execution stages. Formulation of criminal offenses in Article 48 paragraphs (1) and (2) of Law no. 5 of 1999 is interpreted as a wesenschaw offense, which is said to have fulfilled the elements of a criminal offense not only because the act is in accordance with the formulation of a criminal offense but the act is also intended by the legislators, that the business actor and or other party may be convicted if do not carry out what becomes their obligation as in the KPPU Decision which has BHT. Obligations to carry out the business and other parties mentioned, namely carrying out administrative sanctions / actions imposed by KPPU for violating the administration of Law No. 5 of 1999. That also signifies criminal conviction in Article 48 paragraphs (1) and (2) of Law no. 5 of 1999 is ultimum remidium.
KONSEP KEPEMILIKAN TANAH ULAYAT MASYARAKAT ADAT MINANGKABAU Citrawan, Fitrah Akbar
Jurnal Hukum & Pembangunan
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Land is a very important factor in the life of the people of Indonesia, especially in the environment of the West Sumatra customary law community, where most of its population depend their lives and livelihoods from the land. In West Sumatra, in reality there are still acknowledged lands in the customary law community whose management, use and use are based on the provisions of local customary law and are recognized by the residents of the customary law community as their communal land. Ulayat Land Minangkanbau in the concept of ownership includes in the narrow sense that it is in the form of assets classified as high heirlooms that have force in and out both can be used by members of the community or outside the community by giving “adat diisi limbago dituang” with the main principle of customary land not can be sold and pawned except with the agreement of all members of indigenous peoples in certain circumstances such as “Mait terbujur di tengah rumah”, “Rumah gadang ketirisan”, “Gadih gadang indak balaki”, or “Membangkik batang terandam”.
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