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All Journal Jurnal Mentari Jurnal Hukum Novelty Jurnal Konstitusi Jurnal Ilmiah Mahasiswa Bidang Hukum Keperdataan Indonesian Journal of International Law Jurnal Konstitusi Student Journal of International Law Kanun: Jurnal Ilmu Hukum Student Journal of International Law
Sanusi Bintang
Fakultas Hukum Universitas Syiah Kuala
Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Pendekatan Sistem terhadap Hukum Publik dalam Kontrak Penanaman Modal Internasional Sanusi Bintang
Kanun Jurnal Ilmu Hukum Vol 17, No 2 (2015): Vol. 17, No. 2, (Agustus, 2015)
Publisher : Universitas Syiah Kuala

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ABSTRAK: Sebagai cabang dari hukum kontrak, kontrak penanaman modal internasional pada umumnya diatur dalam hukum privat. Meskipun demikian, berbeda dengan kontrak dan kontrak internasional pada umumnya yang diatur sepenuhnya dalam hukum privat, kontrak penanaman modal internasional juga diatur dalam hukum publik. Prinsip dan kaidah hukum kontrak penanaman modal internasional dapat ditemukan baik dalam hukum administrasi/tata negara, maupun dalam hukum internasional publik. Hukum publik tersebut, antara lain, mengatur kewenangan subjek terkait kapasitas kontrak, prosedur perancangan, isi minimum, pilihan memaksa terhadap hukum domestik, arbitrase internasional, dan klausula payung dalam traktat penanaman modal internasional. Kenyataan demikian menunjukkan pentingnya pendekatan sistem dalam pemahaman, penerapan, dan pembaruan hukum tersebut secara menyeluruh. System Approach Toward Public Law in International Investment Contracts ABSTRACT: As a branch of contract law, international investment contracts are generally regulated under private law. However, different from contracts and international contracts in general which are regulated under private law, They are also regulated under public law. The public law principles and norms of international investment contracts can be found in administrative/costitutional law, and in public international law. The public law regulate, among others, authority of subject related to capacity to contracts, drafting procedure, minimum contents, mandatory choice of domestic laws, international arbitration, and umbrella clause in bilateral investment treaties (BITs). This fact indicates the importance of system approach for total understanding, application, and reform of the law.
Otonomi Khusus dalam Penanaman Modal Dan Permasalahan Hukum Yang Terkait Sanusi Bintang
Kanun Jurnal Ilmu Hukum Vol 12, No 2 (2010): Vol. 12, No. 2, (Agustus, 2010)
Publisher : Universitas Syiah Kuala

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ABSTRACT: Article 165 verse (2) of Law Number 11 on Governing of Aceh states that the Government of Aceh and the government of district and municipality based on its authority may provide license related to investment, both domestic and foreign, by reference to national standard operational procedures. Article 165 verse (5) adds that further stipulations concerning the license will be regulated in local laws (qanun). For this purpose, the Aceh Qanun Number 5 of 2009 on Investment has been promulgated. However, there are still legal obstacles in developing both domestic and foreign investment in Aceh. The purpose of this review is to understand and elaborate several stipulations in central government legislation and regulation which are potentially hindrance the investment in the Province of Aceh and also to understand and elaborate several  stipulations in provincial government legislation and regulation which are potentially hindrance investment in Aceh. Data for this review were obtained through juridical legal research. Besides, as additional, researcher/reviewer also conducted interview with informants. The finding shows that stipulations in legislation and regulation of central government which are hindrance investment can be found in various sources  including UUPM, UUKPB PBS, UUPT, UUK, UUKeh., UUP, UUPAg, and Permenkeu. Whereas, stipulations in provincial government legislation and regulation which are hindrance investment can also be found in various sources including QAPM, QPK, QPPK and QPPSDKP. Special Autonomy in Investment and Related Legal Issues
MATERNITY PROTECTION OF WOMEN WORKERS: A COMPARATIVE STUDY OF INDONESIAN AND MALAYSIAN LABOR LAWS Badratun Nafis; Sanusi Bintang
Student Journal of International Law Vol 1, No 2: December 2021
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/sjil.v1i2.19274

Abstract

This study analyses the similarities and differences of maternity protection under Indonesia and Malaysia's Labor Law. The method used in this research is a normative and comparative approach. This study shows several differences in maternity protection from both laws, such as the duration of maternity leave and the provision of breastfeeding entitlement. However, few similarities are also found, such as both laws provide social and health protection under the labor law. Malaysian lawmakers should revise the Employment Act 1955, which covers work protection and breastfeeding, and both countries should ratify the Maternity Protection Convention of 2000 to better protect women workers in the workplace.Keywords: Maternity protection, Women worker, International convention, Indonesia and Malaysia labor law. 
THE APPLICATION OF STRICT LIABILITY PRINCIPLE IN ACEH PROVINCE'S FOREST FIRE CASES Munira Rezkina; Sanusi Bintang
Student Journal of International Law Vol 1, No 2: December 2021
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/sjil.v1i2.19276

Abstract

This article investigates the reason that is likely to cause inaccurate interpretation by an Indonesian Court and the application of the 'strict liability' principle in Aceh forest fire cases. Mainly, this article discovers the cause of inaccurate interpretation of strict liability is an insufficient legal instrument and the lackness of law enforcement while applying the strict liability principle. It is proposed to amend the law and regulations that are inconsistent with one another to ensure the principle's application and outlines a comprehensive procedure for imposing strict liability on the plaintiff, defendant, and judge. Keywords: Strict liability principle; Strict liability; Forest fire; Aceh forest fire cases; Environmental law. 
THE APPLICABILITY OF DOMESTIC LAW IN INTERNATIONAL BUSINESS CONTRACTS: A STUDY ON INDONESIAN COURTS' CASES Bintang, Sanusi
Kanun Jurnal Ilmu Hukum Vol 26, No 2: August 2024: The Global and National Challenges for Justice
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v26i2.38080

Abstract

This article explores the application of domestic law and forum selection clauses in international business contracts within Indonesian legal system. It provides an analysis of the legal reasoning behind two significant court cases: Beauchamp Guerin v. Gunarsa and AXN v. Karyamegah. Utilizing a normative legal research methodology, the study examines these cases alongside relevant statutes, adopting a case-based approach rather than a strictly statutory one. The selected cases were chosen for their relevance to the intersection of international business contracts and domestic law, particularly in relation to forum selection clauses. The analysis is grounded in legal reasoning, demonstrating that the principles of choice of law and choice of forum support the applicability of domestic law and forum selection clauses in international business contracts, bolstered by Indonesian contract law. In Beauchamp Guerin v. Gunarsa, the court upheld the domestic law by affirming the validity of the contract and recognizing issues of nonperformance and damages in accordance with Indonesian law. Similarly, in AXN v. Karyamegah, the court asserted its jurisdiction over the case, finding grounds for nonperformance and damages as well. The findings presented in this article are significant for Indonesia, particularly in light of the absence of specific legislation governing international business contracts. Thus, this research serves both theoretical and practical purposes, filling a gap in existing literature that has predominantly focused on the application of foreign national laws and forums while overlooking the importance of domestic legal frameworks.
Analysis of the concept of schikking as an alternative in the strategy for recovering state financial or economic losses Syam, Asmadi; Din, Mohd; Bintang, Sanusi; M. Gaussyah; Irsan, Muhammad
Jurnal Hukum Novelty Vol. 16 No. 2 (2025)
Publisher : Universitas Ahmad Dahlan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26555/jhn.v16i2.30555

Abstract

Introduction to the Problem: The main issue in handling cases in the economic field is the recovery of the state's financial losses or the country's economy. This is due to the orientation of law enforcement, which always focuses on imposing imprisonment as a deterrent. As a result, fines that are imposed are often substituted with imprisonment. The criminal justice process, which ultimately leads to imprisonment, is considered ineffective and incurs high costs. Through the authority of schikking, it is considered as one of the alternative solutions. However, in practice, it still generates various reactions, including assumptions that it does not effectively deter perpetrators from committing crimes. Purpose/Study Objectives: This research aims to examine and explain the perspective of schikking in handling economic criminal acts. Through the imposition of schikking, can financial losses or the state's economy be effectively and efficiently restored. Design/Methodology/Approach: The research method used is normative juridical research, a type of legal research that examines the systematics of law, identifying key concepts in law, and analyzing prevailing norms and principles in legal science. Findings: The research findings indicate that the concept of schikking views economic crimes as the cause of economic disruption in the country, so the prosecution must prioritize the recovery of state losses. As one of the sentencing systems and part of the attorney general's opportunity, schikking can be applied to crimes that have a broad impact on the country's economy. The implementation of schikking is considered effective and efficient in reducing state expenditures, taking into account the costs and benefits of handling economic cases. Additionally, schikking provides a mutually beneficial solution for the parties by giving the perpetrator an opportunity to constructively demonstrate their capacity and qualities. Schikking does not completely eliminate the element of deterrence, but rather simplifies the criminal justice system by offering a more efficient and adaptable solution, without sacrificing the core goals of law enforcement, restoring economic losses, and ensuring substantive justice. Paper Type: Research Article.
Co-Authors Badratun Nafis Cut Gebrina Tassha Fikri Fikri Fikri Fikri M. Gaussyah Mahfud Mahfud Mohd Din, Mohd Muhammad Irsan Muhammad Salda Mujibussalim Mujibussalim Munira Rezkina Nina Fajri Risky Nurhafni Nurhafni Prof. Dr. Adwani, M.Hum Putri Fajrianuari Rahmadzi Rahmadzi Ridha Rahman Syam, Asmadi Teuku Muttaqin Mansur Vera Yanti Artega