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REVIEW OF IMPLEMENTATION OF GOVERNMENT AUTHORITIES IN POLICY-MAKING IN THE "RELIGIOUS AFFAIRS" Abadi, Husnu; Ibnususilo, Efendi; Rahdiansyah, Rahdiansyah
Tadulako Law Review Vol 3, No 1 (2018)
Publisher : Tadulako University

Show Abstract | Download Original | Original Source | Check in Google Scholar

Government absolute authorities in the religion affairs is the authority of the central government. In the dynamic development of political, many district that produce regional policy with respect to religion or to follow religious aspirations of local people. Some districts in Riau Province, a county division during the reform, including the district are very concerned about the development in the field of religion. In addition to physical development, the county authority also extend its authority in the religion affairs. Regional policy is embodied in the form of local laws, regulations regent, or Medium Term Development Plan (Plan) Government District in Riau Province. This is possible because there are no clear boundaries of understanding in the rule of religion affairsÂ formulated by the law on local government. The central government, based on this study, it gives tacit consent when local governments do just that, because the rate it is going to add a lot of partners in the central government district. There is no struggle for power between central government and local governments, but the expansion of the district authority in religious issues involved in managing the government's response is a manifestation of the district in the religious aspirations of the people of the area

Perlindungan Hukum Terhadap Konsumen Pelanggan Air Minum Isi Ulang Rahdiansyah, Rahdiansyah
UIR Law Review Vol 2 No 02 (2018): UIR Law Review, Oktober 2018
Publisher : UIR Press

Community needs for clean, healthy and hygienic water from time to time increasing, as the number of consumers increases, the number of water depots minumpun more and more. Moreover, the price offered by refill drinking water is also cheaper compared to bottled drinking water, so the drinking water depots are located on the side of the road much in demand by consumers for more economical and economical reasons. Establishment of Refill Depots shall be processed in accordance with applicable laws and regulations, ranging from business permit, sign of company list, business permit, healthy recomendation recommendation, and examination / test of water samples. Supervision of the stands The drinking water refill depots must be through the supervision of the Municipal Health Service, by conducting field observations, sanitary inspections, sampling of drinking water for inspection. Disperindagtamben, conducting technical permit engineering, technical machinery / equipment, business legality, registration. Hall of POM, supervise if the water consumed causes illness and even poisoning, and POM Hall as a designated and accredited laboratory.Provisions Legislation that regulates the protection of consumer law should be able to provide legal certainty to users of water refills so that consumers are protected, both health and services / services provided by the owner of water refill Depot.

PENGATURAN PRAKTEK LAYANAN PROFESI ARSITEK ATAS ARSITEK ILEGAL DI PROVINSI RIAU Hendri, Hendri; Chaniago, Rahma Evita; Shidqi, Robihtho Dhia; Ramli, Dianny Putri; Rahdiansyah, Rahdiansyah
MIZAN, Jurnal Ilmu Hukum Vol 12 No 2 (2023): Mizan: Jurnal Ilmu Hukum
Publisher : Universitas Islam Kadiri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32503/mizan.v12i2.4476

The primary objective of this research is to examine the role of the architectural professional organization, namely the Indonesian Architects Association (IAI), in supervising the practices and services of the architectural profession in Riau Province. This research also aims to understand the problems related to illegal architects that occur in Riau Province and analyze the application of sanctions and solutions by IAI Riau Province to this problem. This research uses a normative juridical method which examines the implementation of positive legal provisions in each specific legal event that occurs in society, data obtained from interviews with related parties. IAI Riau has taken various efforts to supervise and develop professional architect service practice providers. This effort includes preventive and curative measures. To provide education to prospective architects regarding the applicable legal rules of the architectural profession. Apart from that, curative efforts are carried out by providing sanctions for violations of the professional code of ethics. Apart from that, IAI Riau Province also took a persuasive approach to the Provincial Government and the PUPR Service. This approach aims to align common goals and ensure that Undang-Undang No 6 of 2017 concerning architects can be fully enforced in the Riau Province Region. It is hoped that this research will provide better insight into how the regulation of architectural professional service practices can deal with the problem of illegal architects in Riau Province and optimize the role of IAI in overcoming this challenge.

Aspek Hukum Perjanjian Pemberian Bantuan Pinjaman Modal Antara Badan Usaha Mlik Negara Kepada Usaha Mikro Kecil Rahdiansyah, Rahdiansyah
UIR Law Review Vol. 2 No. 1 (2018): UIR Law Review
Publisher : UIR Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25299/uirlrev.2018.2.01.1434

State-Owned Enterprises as the implementer of partnership programs, has an obligation to provide business capital loan assistance to small businesses in accordance with the decision of the Minister of State-Owned Enterprises and State-Owned Enterprises No. 236 / MBU / 2003 on partnership programs State-Owned Enterprises with Small Business and Community Development Program. The provision of grant of business capital loan to small business which is better known as this partnership program has a goal to increase the capability of small scale business through the utilization of fund from the profit share of State Owned Enterprises in this program. BUMN Pembina is prohibited to provide business loan small businesses that have become partners of other State-Owned Enterprises (BUMN).

Pengujian Peraturan Perundang-Undangan Di Indonesia: Persoalan Dan Jalan Keluarnya Hajri, Wira Atma; Rahdiansyah, Rahdiansyah
UIR Law Review Vol. 2 No. 1 (2018): UIR Law Review
Publisher : UIR Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25299/uirlrev.2018.2.01.1436

The existence of two institutions that review of legislation in Indonesia resulted in various problems especially in terms of legal certainty, institutional authority, and legal vacuum. In terms of legal certainty, which decisions to follow, the decision of the Supreme Court or the decision of the Constitutional Court. When the Constitutional Court tests the law, while the Supreme Court examines under the law, it does not mean that the Constitutional Court is higher than the Supreme Court. In terms of authority, the neglect of the Supreme Court ruling as has been done by the General Election Commission, of course, disturbs the authority of the Supreme Court. How is the decision of the institution of the Supreme Court not run by the Election Commission. The issue is due to a Constitutional Court ruling which provides a different interpretation of the law as a test case by the Supreme Court, that is another matter. In terms of legal vacuum, suppose the absence of a judicial institution authorized to test the Decree of the People's Consultative Assembly.

Perlindungan Hukum Terhadap Konsumen Pelanggan Air Minum Isi Ulang Rahdiansyah, Rahdiansyah
UIR Law Review Vol. 2 No. 2 (2018): UIR Law Review
Publisher : UIR Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25299/uirlrev.2018.vol2(02).2075

Community needs for clean, healthy and hygienic water from time to time increasing, as the number of consumers increases, the number of water depots minumpun more and more. Moreover, the price offered by refill drinking water is also cheaper compared to bottled drinking water, so the drinking water depots are located on the side of the road much in demand by consumers for more economical and economical reasons. Establishment of Refill Depots shall be processed in accordance with applicable laws and regulations, ranging from business permit, sign of company list, business permit, healthy recomendation recommendation, and examination / test of water samples. Supervision of the stands The drinking water refill depots must be through the supervision of the Municipal Health Service, by conducting field observations, sanitary inspections, sampling of drinking water for inspection. Disperindagtamben, conducting technical permit engineering, technical machinery / equipment, business legality, registration. Hall of POM, supervise if the water consumed causes illness and even poisoning, and POM Hall as a designated and accredited laboratory.Provisions Legislation that regulates the protection of consumer law should be able to provide legal certainty to users of water refills so that consumers are protected, both health and services / services provided by the owner of water refill Depot.

Perlindungan Hak Kekayaan Intelektual (HaKI) Ditinjau Dari Epistimologi Nizwana, Yulia; Rahdiansyah, Rahdiansyah
UIR Law Review Vol. 3 No. 2 (2019): UIR Law Review
Publisher : UIR Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25299/uirlrev.2019.vol3(02).4006

Along with the times, the protection of the rights possessed by every human being needs to be regulated, including the case with Intellectual Property Rights (IPR). As one of the countries that is very diverse and has a lot of potential in the field of IPR, Indonesia has also long been actively involved in both regional and international frameworks in the field of IPR. Philosophy of science is really worth studying by anyone. Philosophy of science has a role in human life. Philosophy of science is knowledge that seeks truth. Branches of philosophy include Ontology, Epistemology, and Axiology. Then IPR protection will be assessed in terms of epistemology and axiology. The formulation of the problem discussed is why IPRs need to be protected, how IPR Protection is evaluated from Epistemology,. The approach method used is Normative Juridical, discussion of issues relating to the Protection of Intellectual Property Rights in terms of Epistemology. The results of the discussion, the reason why Intellectual Property Rights Need to be Protected is because IPR is natural rights, Reputation Protection, Encouragement and rewards from innovation and creation, Then supported by 5 basic theories of IPR protection: Reward Theory, Recovery Theory, Incentive Theory, Risk Theory, Economic Growth Stimulus Theory. Protection of Intellectual Property Rights in terms of Epistemology. Epistemology discusses three things, namely the object of philosophy (ie thought), how to obtain philosophical knowledge and measure of truth (philosophical knowledge) how humans seek philosophical knowledge. For example why IPR needs to be protected, the most profound and fundamental answer is IPR protection is a protection against the intellectual idea of someone who was born naturally the gift of the God, that is from God where every human being was created with advantages including the advantages of intellectual ideas that are certainly different every human beings, so that intellectual ideas need to be protected because they are subjective and natural.

Kewenangan Hakim Dalam Mengubah Klausul Kontrak Yang Dibuat Atau Dilaksanakan Dengan Itikad Buruk Malye, Timothee Kencono; Rahdiansyah, Rahdiansyah
UIR Law Review Vol. 4 No. 1 (2020): UIR Law Review
Publisher : UIR Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25299/uirlrev.2020.vol4(1).4132

Para praktiknya kadangkala pihak-pihak yang terikat dalam sebuah kontrak tidak memiliki kedudukan yang seimbang, baik dari segi ekonomi, pengetahuan, maupun pengalaman. Hal ini menyebabkan potensi adanya klausul pada perjanjian yang merugikan salah satu pihak apabila ditinjau dari kacamata orang pada umumnya yang berakal sehat. Penulis berpendapat bahwa hakim tidak perlu ragu untuk membatalkan maupun mengubah klausul pada kontrak yang demikian, dengan didasari Pasal 1338 dan Pasal 1339 KUH Perdata maupun konsep misbruik van omstandigheden. Adapun mekanisme perubahan atau pembatalannya adalah dengan pengajuan gugatan perbuatan melawan hukum oleh Penasihat Hukum ataupun masyarakat pada umumnya. Penasihat Hukum pada khususnya harus menyadari hal ini untuk melindungi klien yang secara ekonomi dan pendidikan berada dalam posisi yang lebih lemah. Kata Kunci: Kontrak, Misbruik van omstandigheden, Itikad Buruk

Deliberation, Southeast Asian Local Wisdom in Resolving Disputes Rahdiansyah, Rahdiansyah; Nizwana, Yulia
UIR Law Review Vol. 3 No. 2 (2019): UIR Law Review
Publisher : UIR Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25299/uirlrev.2019.vol3(02).4557

Cultural disputes, and others, often occur between neighboring countries in Southeast Asia and can be the seeds of disharmony, of course, this is not desirable. Southeast Asia as a cultural scope that is interrelated in history, has local wisdom in resolving disputes, resolving this dispute is known as deliberation. Deliberation is an identity that must be prioritized as a wise cultural approach for the ASEAN community. The purpose of this study is to explore the local wisdom of Southeast Asian people in resolving disputes in their communities and implementing them as a solution for the ASEAN community. Recognizing each other as cultural origins often occur between Malaysian and Indonesian communities. As a nation of the same family, this is commonplace, but the most important thing is how to solve it. Interviewing the people of both countries is the first thing to do in looking at this problem, how they understand and see culture in their culture. Questionnaires are distributed as much as possible, each data obtained will be processed and classified according to nationality, education, age, and others. The findings will be a study to see the perspectives of the two countries in understanding history, culture, and cultural results in addressing the differences of opinion that occur. At least the description of the root of the problem is obtained, why this problem occurs, what are the main causes, how to understand it, how to react to it, and lead to the resolution of the dispute over ownership of culture itself

Perlindungan Hukum Pemegang Polis Asuransi Jiwa Terhadap Penetapan Klausula Baku Santri, Selvi Harvia; Rahdiansyah, Rahdiansyah
UIR Law Review Vol. 4 No. 1 (2020): UIR Law Review
Publisher : UIR Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25299/uirlrev.2020.vol4(1).4571

The agreement that occurred between the insurance company and the insured was outlined in the policy. The insurance policy is standard or standard, meaning that the policy has been issued in advance by the insurance company. According to the provisions of the policy or form of insurance agreement with any name, the following attachments may not contain different words or interpretations, but in reality the policies issued by insurance companies contain languages that contain different interpretations by the parties resulting in the rejection of the claims submitted by the insured or the holder policy. The issues raised in this paper are how is the standard contract arrangements for life insurance policies in Indonesia and how is the form of legal protection of policy holders for the application of life insurance policy standard clauses in Indonesia? The research method used is empirical juridical by conducting field observations through interviews to the parties later Interview results are analyzed in accordance with insurance regulations in Indonesia. The purpose of this paper is to find out the rules governing standard life insurance contracts in Indonesia and to find out the form of legal protection for policy holders against the application of a standard life insurance policy clause in Indonesia. Standard contract arrangements in Indonesia are regulated based on OJK Financial Services Authority Regulation No. 1 / POJK.07 / 2013 and Law No. 8 of 1999 concerning consumer protection and Government Regulation No. 73 of 1992 Article (19), and Law No. 40 of 2014 concerning Insurance Business, while the form of legal protection of policyholders in applying standard contracts to life insurance policy is an insurance company responsible for providing compensation if a claim is claimed by the insured, which has fulfilled the provisions in the life insurance policy, if it raises a dispute the insured is entitled to settle a dispute through a mediation institution based on Article 54 CHAPTER XI of Law number 40 concerning Insurance namely regarding the legal protection of policyholders, for the insured and insurance companies.

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