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All Journal FIAT JUSTISIA: Jurnal Ilmu Hukum
sayidin abdullah
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Law, Crime, Criminology & Criminal Justice

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PRINSIP EFISIENSI DALAM PERADILAN TINDAK PIDANA PERIKANAN sayidin abdullah
Fiat Justisia: Jurnal Ilmu Hukum Vol 8 No 3 (2014)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v8no3.310

Abstract

This article seeks to examine the principle of efficiency in the execution of fisheries court. Based on the normative approach by using secondary data; can be concluded that the Fisheries Court is the Special Court in the scope of General Court that has an authority to examine, hear and decide criminal offenses of fisheries. Law on Fisheries is one of the cornerstones of a fundamental change in the law enforcement process of fisheries, through Fisheries Court by applying the principle of efficiency. Selection of efficiency principle is based on the simplicity to be understood, because it does not require the technical formulation of economics or figures. The focus of attention is regard to the possibility of emergence an inefficiency of the establishment, implementation and enforcement of legislation, namely the offenses fisheries, which includes investigation, prosecution, and examination against the criminal activities of fisheries in foreign fishing vessels which is doing an illegal fishing in the exclusive economic zone of Indonesia can be resolved by litigation that fulfill the principles of efficiency that is fast, accurate, and inexpensive. Keywords: Efficiency, Fisheries Court and Economic Law 
POLITIK HUKUM PENANAMAN MODAL ASING SETELAH BERLAKUNYA UNDANG-UNDANG PENANAMAN MODAL 2007 DAN IMPLIKASINYA TERHADAP PENGUSAHA KECIL sayidin abdullah
Fiat Justisia: Jurnal Ilmu Hukum Vol 8 No 4 (2014)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v8no4.320

Abstract

abstractThis research aims to describe the choice of law of foreign investment after the entry into force of the Law on Investment and Its Implications for Small Entrepreneurs. By using a normative approach and secondary data, it can be concluded that the regulation and law on the matter of foreign investment in the Investment Law of 2007 do not distinguish between domestic investors and foreign investors. Equal treatment between domestic investors and foreign investors; providing facilities for foreign investors, among others: exemptions or tax relief, repatriation of capital, facilities of permit, and the submission of disputes to international arbitration body. However, the liberalization principles of international trade and foreign investment are contrary to the principles of economic democracy on Article 33 of 1945 Constitution, which requires the fulfillment of the fundamental rights of every individual without exception, while the terms of trade liberalization contained in the WTO are based on the idea of capitalism that restrict the basic rights and only those who are able to compete can enjoy the benefits of international trade provisions of the WTO. It means that Investment Law economically and legally does not provide adequate protection for small entrepreneurs. Keywords: Legal Politics, Investment and Implications.
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