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SENGKETA YERUSALEM ANTARA PALESTINA DAN ISRAEL
Lex Journal: Kajian Hukum & Keadilan Vol 2 No 1 (2018): July
Publisher : Faculty of Law, University of Dr. Soetomo
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DOI: 10.25139/lex.v2i1.1018
US Presidential Decree Donald Trump announces the recognition of Jerusalem as the capital of Israel has sparked curses, criticism and opposition from various parties. The question arises as to what constitutes Trump's decision and what its impact on the world. What is the history behind the Jerusalem City dispute between Palestine and Israel. The question continues to emerge from various circles of people in the world. Why not? Donald Trump's statement unilaterally stated that Jerusalem became the capital of Israel, reaping many reactions. The final status of Jerusalem has always been one of the most difficult and instilling sensitive questions in the Israeli and Palestinian conflict. If the US declares Jerusalem as the capital of Israel, it seems to answer the question unilaterally. In fact, the issue will clash with the international consensus on the holy city. Recognizing Jerusalem as the capital of Israel is also one step ahead to move the US Embassy from Tel Aviv to Jerusalem which further strengthens Israel's sovereignty over the city. The transfer of US Embassy to Jerusalem could have been easy because the US also placed its consulate in Jerusalem, while the embassy building was in Tel Aviv. However, it is not as easy as turning the palm of the hand. Keyword : Israel, Palestina, Sengketa
ANALISIS YURIDIS PELUANG PARTISIPASI DESA ADAT DALAM PEMBENTUKAN HUKUM
Lex Journal: Kajian Hukum & Keadilan Vol 2 No 1 (2018): July
Publisher : Faculty of Law, University of Dr. Soetomo
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DOI: 10.25139/lex.v2i1.1019
The Participation formation of the law to be understood as law formation that involving the community in every stage process. Within formation of the law to involve formal actor and non formal actor. Formal actors are executive, legislative and judicative. Non formal actors are the communities and desa adat. In this research will be explained arrangement of the desa adat participation opportunity and the stage of desa adat participation. The research uses normative legal methods with statue approach and legal hermeneutic approach. The results of the research show that there is a clear arrangement about opportunities participation of desa adat in law formation. Arrangement opportunities participation in legal instruments have fulfilled the purpose of law and also philosophy, sociology and juridical. The forming of desa adat opportunities participation within law formation be at stage of ante legislative, legislative and post legislative.Keywords : Opportunity, Participation, Desa Adat, Formation of law.
PERLINDUNGAN HUKUM TERHADAP NOTARIS ATAS PEMBUATAN AKTA OLEH PENGHADAP YANG DINYATAKAN PALSU (Analisis Putusan Mahkamah Agung Republik Indonesia Nomor 385 K/PID/2006)
Lex Journal: Kajian Hukum & Keadilan Vol 2 No 1 (2018): July
Publisher : Faculty of Law, University of Dr. Soetomo
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DOI: 10.25139/lex.v2i1.1029
Issues that are commonly occur within notary public environment is concerning fake information given by client. Numerous clients commonly provide fake information and evidence in order to achieve their goals in making notarial deed published by notary public. This condition makes notary public alleged as party that conducting criminal act.The present research tries to analyze further about validity of notarial deed that is based on fake information or evidence provide by the client. Moreover, the present study tries to ratio decidendi of Indonesia Supreme Court No 385 K/PID/2006The method used in the present study is a normative legal research, namely legal research which is conducted by examining the library materials or secondary law while in finding and collecting the data is done by two approaches, namely the law and conceptual approaches. The present study concludes that notarial deed based on fake information or evidence provided by the client is canceled. Notary public is not obliged to examine validity of information coupled with evidence provided by the client. Furthermore, notary public is not responsible for criminal act although he/she publishes notarial deed with fake information or evidence provided by the client. Keywords: Legal Protection, Notary Public, Fake Evidence
ASPEK-ASPEK YURIDIS DALAM SALVAGE (PENYELAMATAN KECELAKAAN KAPAL)
Lex Journal: Kajian Hukum & Keadilan Vol 2 No 1 (2018): July
Publisher : Faculty of Law, University of Dr. Soetomo
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DOI: 10.25139/lex.v2i1.1030
Any kind of fortuitiuos events on the sea, such as a distressed vessel could cause financial loss to the master and also damage of the environment. It needs some effort that could be done for minimizing and prevent the impacts of perils of the sea. A principle in salvage called no cure no pay principle, no award for any unsuccessful salvage. That principle, arise a terminology called salvage award. It’s kind of giving reward to those who save the vessel successfully. Indonesia’s marine insurance, is rareto put a salvage as its clause. Practically, salvage is needed. Notwithstanding Indonesia not ratify The Salvage Convention 1989 yet. The attempt to apply its provisions is put the salvage clause in Indonesia’s marine insurance. It’s better if Indonesia ratify that Convention. By put intoit, will anticipate the insurer from the unpredictable loss that may occur.Keywords: Salvage, award, marine insurance.
PENJUALAN OBYEK HAK TANGGUNGAN DIBAWAH TANGAN UNTUK PENYELESAIAN KREDIT MACET DI BANK
Lex Journal: Kajian Hukum & Keadilan Vol 2 No 1 (2018): July
Publisher : Faculty of Law, University of Dr. Soetomo
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DOI: 10.25139/lex.v2i1.1076
Giving credit is not always smooth. There is often a risk of blocking in the credit repayment. The granting of credit must be accompanied by the granting of collateral by the debtor, the credit becomes stalled then the Bank must immediately seek efforts to be able to save the credit. Based on explanation above, the reseach problem is : How to selling the Object of mortage under hand to solve bad credit in bank ?. The research method implied is normative. The problem approach is done by statute, philosophy and conceptual approach. The Bank chooses a settlement through a sales mechanism under-handedly, compared to the auction process. This is done since selling mortage under the hands is more practical than through the auction process. Selling mortage object under-handedly provides benefits for both creditors and debtors. The advantages obtained are as follows:1. Creditora. Shorter time;b. The cost is cheaper;c. It maintains good relationship with the debtor or other related parties.2. Debtorsa. Selling price is highb. getting the rest of the moneyKeywords :Sale under the hands, the object of mortgage, bad credit.
HAK CUTI TAHUNAN PADA PEKERJA DENGAN PKWT (PEKERJA KONTRAK)
Lex Journal: Kajian Hukum & Keadilan Vol 2 No 1 (2018): July
Publisher : Faculty of Law, University of Dr. Soetomo
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DOI: 10.25139/lex.v2i1.1079
This thesis entitled " ANNUAL LEAVE RIGHT ON WORKERS WITH PKWT (CONTRACT WORKERS)", writing on research methods used juridical normative, using the approach of the law (Statute Approach) and the conceptual approach (Conceptual Approach). Formulation of the problem in this paper are: (1) What is a worker in article 79 of Law No. 13 of 2003 must have status as a permanent workers?, (2) What are the legal remedies that can be done for the contract worker / employee that do not get their annual leave entitlements? Resulting from the approach that the first formulation of the problem, the status of the workers mentioned in article 79 of Law No. 13 of 2003 on employment do not have status as permanent workers, provided that an employee has worked for 12 consecutive months, the employee is entitled to receive annual leave entitlements. While in the second formulation of the problem, discuss the legal remedies that can be done by a worker if he does not get his annual leave entitlements. Workers can resolve the dispute to the Industrial Relations Settlement.Keywords :Annual Leave Entitlement, Contract Workers, Industrial Relations Settlement.
KSISTENSI HUKUM ISLAM DALAM PEMBENTUKAN HUKUM PIDANA DI INDONESIA
Lex Journal: Kajian Hukum & Keadilan Vol 2 No 1 (2018): July
Publisher : Faculty of Law, University of Dr. Soetomo
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DOI: 10.25139/lex.v2i1.1223
ABSTRACTIndonesia is a legal country that has experienced such a long legal history process. The existence of law in Indonesia become a necessary in order to arrange the citizen life. Before the independence, Indonesia followed custom laws and religious laws of the society. One of them is Islamic law having lived among the Indonesian people before the freedom time. This Islamic law has lived along with the Custom Law in Indonesia and being obeyed by the society based on the awarness each individual. Therefore, it is not suprisingly that the Islamic and Custom laws have higher position than the Positive law taken from the colonial/west law. Thus, in formulating the National Law, the Islamic and Custom laws become the material sources stated in formulating a positive law. Moreover, the formulating of the National Law, including the criminal law, needs the contribution of the Islamic law as well as the Custom and West Laws. The history of criminal law development in Indonesia has filled with Islamic values, because the socialization process of the Islamic law integrated with the custom development in resolving the celriminal cases. Keyterms: The Existence of Islamic Law, Criminal Law, National Law.
KRITERIA TANDA PUBLIC DOMAIN YANG DIGUNAKAN SEBAGAI MEREK
Lex Journal: Kajian Hukum & Keadilan Vol 2 No 2 (2018): December
Publisher : Faculty of Law, University of Dr. Soetomo
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DOI: 10.25139/lex.v2i2.1409
This study examines the Criteria for Signs of Public Domain Used as a Brand. This research is legal research by using a method that is in accordance with the scientific characteristics of Law (jurisprudence), namely normative legal research. Concluded also some signs of criteria in the Public Domain Trademark law, namely: Public Domain because it is over the protection period, the Public Domain for distinguishing the substantive requirements are not met. (Article 20 letter (f) UU No. 16/2016 on Trademarks and Geographical Indications), Public Domain because it includes the area of public property, Public Domain because it does not open rivalry, Public Domain because it includes Public Knowledge. Public Domain since its birth, Public Domain because of government policy, Public Domain because something that can be enjoyed by everyone at any time, Public Domain because it is a public good, and Public Domain because there is no scarcity and is available to all
KRITERIA INGKAR JANJI PADA PEMBIAYAAN MUSYARAKAH DI BANK SYARIAH
Lex Journal: Kajian Hukum & Keadilan Vol 2 No 2 (2018): December
Publisher : Faculty of Law, University of Dr. Soetomo
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DOI: 10.25139/lex.v2i2.1410
Musyarakah is a cooperation contract between two or more parties for a particular business that each party provides a portion of the fund provided that the profit will be divided according to the agreement, while the loss will be borne in accordance with the respective portion of the fund. When a customer does not provide a profit sharing ratio, it is categorized as a broken promise. So the problem that will be analyzed is that the customer criteria are said to breach of contract to musyarakah financing. The approach used in this study is the legislative, conceptual and case approach. The criteria of breach of contract for musyarakah financing when the customer does not have good intentions in carrying out payment according to the agreed time period or the customer does not carry out payment of principal and profit sharing ratio while the business is still running so that there is still income earned by the customer. Then the customer is obliged to fulfill it in accordance with a contract that has been mutually agreed upon.Keywords: breach of contract, musyarakah, sharia bank
UPAYA PREVENTIF DAN REPRESIF TERHADAP PROSTITUSI ONLINE BERDASARKAN PERATURAN PERUNDANG-UDANGAN YANG BERLAKU DI INDONESIA
Lex Journal: Kajian Hukum & Keadilan Vol 2 No 2 (2018): December
Publisher : Faculty of Law, University of Dr. Soetomo
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DOI: 10.25139/lex.v2i2.1411
The crime of online prostitution is a renewal of conventional prostitution. If conventional prostitution only uses one place facility/building to run an illegitimate business. In contrast, online prostitution only uses technological, the internet that makes it easier for prospective users with male / female commercial sex workers (PSK) or between potential users with pimps, PSK service brokers. The mode used is to use the means of electronic information exchange, photo exchange, video and finally meet in one place to have intimate relationships and make payments for these services. This writing uses a normative juridical method, analyzes the laws and regulations that apply to legal phenomena, online prostitution. The Conclutions are: there are factors that cause online prostitution: 1. internal factors such as family factors and friendships; 2. External factors such as avoiding tracking officers and economic factors to obtain large amounts of money but quickly. Preventive efforts can be made through educational facilities, means of economic equality & employment in the informal sector, increasing social & cultural awareness starting from the neighborhood of Neighborhood Groups (RT), supervising boarding houses or apartments / flats so as not to be misused as a place of prostitution. Whereas the repressive efforts that can be carried out are through means of providing legal sanctions based on the prevailing laws and regulations, online prostitutes, both users of commercial sex workers, prostitutes and pimps. The purpose of the criminal sanctions is to make deterrence, so that no other people will carry out online prostitution & so that these former prisoners can be well received in society.