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KEWENANGAN BADAN PENGELOLAAN LINGKUNGAN HIDUP DALAM MELAKUKAN MEDIASI KASUS LINGKUNGAN (Studi kasus pada BPLH Kota Tarakan) Wiwin Dwi Ratna
JURNAL AKTA YUDISIA Vol 1, No 2 (2016): Jurnal Akta Yudisia Vol. 1 Nomor 2
Publisher : Universitas Borneo Tarakan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35334/ay.v1i2.970

Abstract

Abstract Amendments to the laws on local government undnagan impact on local government authority in running the affairs of government. For 10 years Indonesian running the regional autonomy system using Law No. 32 of 2004 on local government, and amendments thereto, for the moment the law declared invalid by the enactment of Law No. 23 Year 2014 on Regional Government, the State Gazette of the Republic of Indonesia Year 2014 No. 244, on October 2, 2014. in the Act governing the affairs of government that must be done by the central government, provincial government and local government district / city. Some affairs are regulated in more detail in the Government Regulation No. 18 Year 2016 concerning the Region, which regulates the scope of authority in dealing with government affairs. PP No. 1/2016 outlining the areas that must be held in an area with indicator, scale of values that can be found local work load. Environmental Management itself in Law number 23/2014 and Government Regulation No. 1/2016 is a category / classified in the Mandatory government affairs unrelated to basic services.Keywords: Local authorities, Environment, government affairs
PERLINDUNGAN HUKUM TRANSAKSI BISNIS INTERNASIONAL PADA ERA PERDAGANGAN BEBAS Wiwin Dwi Ratna; Zulvia Makka
JURNAL AKTA YUDISIA Vol 3, No 1 (2018): Jurnal Akta Yudisia Vol. 3 Nomor 1
Publisher : Universitas Borneo Tarakan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35334/ay.v3i1.987

Abstract

ABSTRACTThe current international business transaction activity is not difficult, with the advancement of technology, the world provides ample opportunities and opportunities for the international community to make connections between them.. International business transactions are private law studies, where in private law the law provides wider opportunities for each party to make, agree and execute the clauses they make. However, it can not be said that in order to carry out such business activities, the parties must carefully understand and understand the legal norms in the countries of the opposing parties. This will greatly affect the implementation of the agreement. For that reason it is necessary for researchers to clarify the study of legal protection of international business transactions in the era of free trade.The following issues are Legal Principles of International business transactions in the era of free trade and Legal Certainty on International Business transactions. The method used is normative legal research.This research produces the Principles of law of international business transactions can be found in the rules of international treaty law which regulates the provisions of international business transactions. The provisions of the international convention on the Contracts for the International Sale of Goods (CISG) and the UNIDROIT Principle of International Contracts of 1994 and Legal certainty in international business contracts can be seen from the legal source of international business contracts. Not surprisingly, when different business actors of citizenship conduct international business transactions, they will consent to law enforcement of one of the business actors. Keywords: Legal Protection, International Business Transactions, Free Trade
Penemuan Hukum (Rechtsvinding) dan Pembentukan Hukum (Rechtsschepping) dalam Sistem Hukum Peradilan Indonesia Wiwin Dwi Ratna Febriyanti
Journal of Law, Society, and Islamic Civilization Vol 13, No 2: Oktober 2025
Publisher : Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jolsic.v13i2.107752

Abstract

In Law No. 48 of 2009 concerning judicial power, the legal discovery system is a unit consisting of methods, sources, subjects, schools, and processes for discovering the law. This system provides guidelines for legal discovery subjects in conducting legal discovery in Indonesia. In the Indonesian legal system, the role of judges has evolved beyond merely applying the law to include upholding morality and substantive justice. In the civil law system, the process of Rechtsfinding, or legal discovery, is important when written legal norms are unavailable or inadequate. Judges must refer to legal principles, doctrines, customary law, and general legal principles to fulfill society's sense of justice. This has led to a paradigm shift from passive judges who enforce the law to progressive judges who create law (rechtsschepping). Thus, judges play a crucial role in ensuring the sustainability of adaptive law by striking a balance between legal certainty, justice, and the benefits of law in society. This research uses two approaches: a statutory approach and a conceptual approach. The statutory approach examines all laws or regulations related to the legal issue being addressed. Legal discovery (rechtsvinding) is a crucial yet complex process, as its focus is on the application of written law. Judges must explore the law as it exists in society and cannot dismiss cases simply because there is no regulation. The paradigm shift of judges from a passive role as law enforcers to a more progressive one as lawmakers is a response to the dynamic and complex developments in society.