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LEGAL STANDING STATE OWNED ENTERPRISES DALAM INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES (ICSID): IMPLEMENTASI BROCHES TEST DALAM BEIJING URBAN CONSTRUCTION GROUP, CO., LTD. V. REPUBLIC OF YEMEN (ICSID CASE NO. ARB/14/30) Christofer Lucky; Cut Memi
Jurnal Hukum Adigama Vol 2, No 2 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

The development of the world of arbitration as one of the ways to resolve non-litigation disputes today is quick as thought. The International Centre for Settlement of Investment Disputes (ICSID) is an international arbitration centre focus solely on the settlement of investment disputes between State and National of Another Contracting State. However, the rapid development of economic growth in foreign direct investment brought new legal jurisdiction to ICSID regarding Chinese State Owned Enterprises. For this purpose, a formula by Aron Broches was set as a test for any State Owned Enterprises that wishes to bring their case before ICSID Arbitration. The so called Broches Test is now in questioned, as to the peculiar case in BUCG v. Yemen, where the test itself is collided with the fact that more than 300 Chinese State Owned Enterprises is investing with commercial nature but bringing the China policy on Belt and Road Iniative.

KEWENANGAN MAHKAMAH AGUNG REPUBLIK INDONESIA DALAM PEMBUATAN PERATURAN TENTANG PERMOHONAN PERNYATAAN PAILIT MELALUI SURAT EDARAN (BELEIDSREGELS) DITINJAU DARI SUDUT ILMU PERUNDANG-UNDANGAN Samuel Tirta Handoyo; Cut Memi
Jurnal Hukum Adigama Vol 2, No 2 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

One important element of the rule of law is that any government action must be based on law. The consequence is that laws must be made, implemented and enforced. Therefore, the state has the power to make laws to regulate all its activities. The Supreme Court as one of the highest judicial institutions in Indonesia has the status of all the courts and as the highest court for the four judicial institutions. The regulating and oversight functions are part of the functions of the Supreme Court, where the Supreme Court is authorized to issue further regulations in the form of Supreme Court Regulations and Supreme Court Circular Letters, where Supreme Court Regulations are regulating, whereas Supreme Court Circular Letters are as policy regulations. However, in practice the substance of the Supreme Court Circular is often not in accordance with its requirements, namely as a policy regulation. One of them is the Supreme Court Circular Letter Number 2 Year 2016 concerning Increasing Efficiency and Transparency in Handling Bankruptcy Cases and Delaying Obligations of Debt Payment in Courts. The writing of this thesis will discuss the authority of the Supreme Court in determining the substance of the Supreme Court Circular Number 2 of 2016 in terms of statutory knowledge. Judging from its nature, the research used is descriptive analysis using normative legal research.

KEWENANGAN MAHKAMAH KONSTITUSI DALAM MENGADILI PERKARA PERSELISIHAN HASIL PEMILIHAN KEPALA DAERAH (SUATU KAJIAN TERHADAP PUTUSAN MAHKAMAH KONSTITUSI NOMOR 97/PUU-XI/2013 JO. PUTUSAN MAHKAMAH KONSTITUSI NOMOR 072-073/PUU-II/2004) Hardy Salim; Cut Memi
Jurnal Hukum Adigama Vol 1, No 2 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Acccording to the Arrticle 24C paragaaph (1) the Constttution of thr Republic of Indonesia of 1945, the Constitutional Court of thr Republic of Indonesia have thr power to decide upon disputes over the results of general election. The general election referred to here is elections to elect members of the legislature, regional representative councils, regional legislatures, president amd vice president. Both of thr provisions have been limitative, so there will no be any other elections that included. However, in its development, the Constittutional Court of the Republc of Indonesia is given the power to decide upon disputes ovrr the results of regional hed elections with a legal basis of the Constittutional Court Ruling Number 072-073/PUU-II/2004. However, a litle later the Constttution Court of the Republic of Indonesia issued a Consttttuional Court Ruling Number 97/PUU-XI/2013 which said tht the Constitusional Court of the Republic of Indonesia can’t have the power to decide upon disputes over the resuls of regional hed elections. This reaises problems regarding whether regional head elections are included in thr general election regime? And whether the Constitutional Court of the Republic Indonesia has thr authorty to decide upon disputes over the results of regional hed elections? Thr Author examined the issue by normative method. The results of thr resrarch show tht thr regional hesd elections is not a part of the general electiins regime and the Constututional Corrt of the Republic Indonesia can’t have thr power to decide upon disputes ovrr thr resulls of the regional hesd elections.

KEWENANGAN MAHKAMAH KONSTITUSI REPUBLIK INDONESIA DALAM PEMBENTUKAN NORMA BARU (SUATU KAJIAN TERHADAP PUTUSAN MAHKAMAH KONSTITUSI NOMOR 21/PUU-XII/2014 JO PUTUSAN MAHKAMAH KONSTITUSI NOMOR 46/PUU-XIV/2016) Elisabet .; Cut Memi
Jurnal Hukum Adigama Vol 1, No 2 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

One of the authorities of the Constitutional Court governed by the Constitution of the Republic of Indonesia in 1945 was the examining of laws against the contitution or judicial review. Inside the regulations which governing the implementation of this authority, the Constitutional Court only acts as a negative legislator, namely canceling or reinforcing a norm tested by the Petitioner. But in practice, the Constitutional Court has changed its role to become a positive legislator, who is forming a new legal norm, which is the authority of legislators. The Constitutional Court should not be able to form a new legal norm because there is no legal basis which regulate that. But Constitutional Court can form a new legal norm in some urgent circumstances, relating to Human Rights, and preventing legal vacuum. In addition, the establishment of laws by lawmakers that require a long process and time. This is compelling Constitutional Court to make substitute norm before the law was established by the legislators. In the Decision of the Constitutional Court Number 46/PUU-XVI/2016, the Court actually wants to establish a new legal norm, but because the articles in the petitioned have criminal sanctions, and if the Constitutional Court approves the petition, the Constitutional Court has formulated a new criminal act that can only be formed by the lawmaker. Whereas in the Decision of the Constitutional Court Number 21/PUU-XII/2014, the Constitutional Court established a new norm because in the article a quo there were no criminal sanctions.

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