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The Southeast Asia Law Journal

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Published by Universitas Jayabaya

ISSN : 24774081 EISSN : 25025503 DOI : -

Core Subject : Social,

Law, Crime, Criminology & Criminal Justice

The Southeast Asia Law Journal (SALJ) The Southeast Asian Law Journal (SALJ) is a scholarly journal dedicated to presenting a broad perspective on law justice issues within the domestic Indonesia. SALJ provides a forum for social scientists to report research findings for informed policy making with respect to crime and justice through innovative and advanced methodologies. The journal provides an overview of law and crime and justice within the Indonesia. It focuses on any aspect of crime and the justice system and can feature local, state, or national concerns.

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Articles 5 Documents

Search results for , issue "Vol 1, No 1 (2015)" : 5 Documents clear

Parate Execution Secured Assets of Bad Credit In Indonesian Banking System Januar Agung Saputera; Djuhaendah Hasan; Zulkarnain Sitompul; Ahmad Muliadi
The Southeast Asia Law Journal Vol 1, No 1 (2015)
Publisher : Postgraduate of Jayabaya University

Parate execution carried out by the bank as a repayment on credit cus- tomers are executions carried out solely by the holder of a security in- terest (the bank) without the assistance or intervention of the District Court, but directly through the Office of State Auction. In the execution of the auction debtors seek legal shortcomings with the proposition less sense of fairness. To analyze the problem is to use a grand theory of the welfare state, middle range theory legal justice and applied theory of development, because who wants to be resolved how the relationship between banks and customers to jointly provide welfare are not detri- mental to either side, as well as on the legal certainty guaranteed by the legislation in carrying out the execution parate to the bank and ftnd the concept of law in the resolution of bad loans for the purpose of legal development in the future. The Research method is normative legal research, to obtain the necessary data in connection with the period is- sues. The data used secondary data. Data analysis be done with juridical analysis of qualitative. From the research results can be obtained dispute bad credit not provide legal justice and certainty for creditors as they occur rejection of the auction by KPKNL result of the conftscation of the object of mortgage.

Alignment of Outsourcing Agreement on Protection Law and Justice Niru Anita Sinaga; Basuki Rekso Wibowo; Sri Gambir Melati Hatta; Fauzie Yusuf Hasibuan
The Southeast Asia Law Journal Vol 1, No 1 (2015)
Publisher : Postgraduate of Jayabaya University

One of these systems outsourcing, in practice often raises the pros and cons even cause problems. The problem is why research in the outsourcing agreement must have harmony with the principles of contract law? and how legal protection for workers/laborers and employers in the outsourcing agreement with the labor Law No. 13 Year 2003 on Employment associated with Court Decision No. 27/PUU-IX/2011?. This research methods using empirical juridical normative juridical supported/sociological and comparative law. Commonly used secondary data. Based on the results of analysis show that the employment agreement outsourcing based on the principle of freedom of contract and the principle of the deal. Each of these parties do not have equal bargaining power, so it does not provide legal protection for workers/laborers. Preparation and implementation of the outsourcing agreement is based on the alignment of the entire principle or principles that exist in the law of contract, is a unity, without prioritizing or separating principle that one with the other principles and serve as the frame of the treaty.

The Legal Certainty of Execution of the Death Penalty in Indonesian Criminal Justice System Willy Tanjaya; Teguh Prasetyo; Muhadar Muhadar; Lilik Mulyadi
The Southeast Asia Law Journal Vol 1, No 1 (2015)
Publisher : Postgraduate of Jayabaya University

This study aims to answer three main problems, namely: (1) How the provisions of the deadline for execution on the death row prisoners in the Indonesian justice system?; (2) What method of execution on death row prisoners in the Indonesian justice system?; and (3) How is the policy of capital punishment in Indonesia in the future?. This research uses the primary, secondary and tertiary legal materials. The research methods being used in this research is normative method with the application of the statute approach, the case approach and the comparative approach. The results of this study shows the following conclusions: (1) the criminal law system in Indonesia is not set the deadline for execution on death row prisoner who had obtained a court decision that is legally binding and or the clemency petition has been rejected signal by the president; (2) The method of execution that has been implemented in Indonesia is a method of firing squad the u.s. stipulated in Law No. 2/Pnps/1964; (3) The policy the SE for the death penalty law in Indonesia in the future will not be shifted away from the current state.

The Independence Judge Verdict in Tax Dispute Resolution Sartono Sartono; Tumanggor Tumanggor; Sri Soemantri; Wiratni Ahmadi; Satya Arinanto
The Southeast Asia Law Journal Vol 1, No 1 (2015)
Publisher : Postgraduate of Jayabaya University

Tax tribunal as a specialized court exercising judicial powers to investigate and adjudicate tax disputes still using a system of dualism coaching, because until now there has been no revision or amendment of Law No. 2 of 2002 on the Tax tribunal. Independence and freedom of the Tax tribunal judge in deciding tax disputes must uphold justice, and not subject to and bound by any party. This research using theory of Justice based on the Pancasila. Grand Theory, theory of the State of Law as the Middle Range Theory and an Independent Judicial Power Theory. Applied Theory. This research was conducted using a normative juridical. Based on the research results show that the Tax tribunal judge in examining and deciding tax disputes has been carrying out its obligations which reflect the independence and the independence of judges and impartially and has fulfilled the principles of independent judicial power, in accordance with the provisions of Article 24 of the 1945 Constitution.

The Disputes of South China Sea From International Law Perspective Surya Wiranto; Hikmahanto Juwana; Sobar Sutisna; Kresno Buntoro
The Southeast Asia Law Journal Vol 1, No 1 (2015)
Publisher : Postgraduate of Jayabaya University

Disputes in the South China Sea (SCS) occur due to the seizure of mari- time regions of Spratly and Paracel islands, the regions which are rich in natural resources of oil and gas. Indonesia is not a claimant state to the features in SCS, but Indonesia has a vital national interest to the jurisdiction of waters of the exclusive economic zone (EEZ) and the continental shelf which overlaps with claims 9 dashed lines of PRC. In analyzing and resolving these disputes, the writer uses theory of law- based state as a grand theory, the theory of international law as a middle range theory, and theory of conflict resolution as an applied theory. The method is a normative legal research. The legal materials are collected based on the identifted list of problems/issues and are assessed according to the classiftcation of the problems. The legal materials are deductively managed to draw conclusions from the problems encountered, and are further analyzed to solve these problems. Conflict resolution to maritime territorial dispute can be achieved by legal means. The dispute settlement by legal means can be done through bilateral, multilateral, arbitration, to the International Court of Justice, while the dispute resolution through CBMs can be achieved through dialogue in international fora by applying the formula 6 + 4 + 2 or 6 + 4 + 1 + 1, and by conducting survey and research cooperation in the fteld of maritime.

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Contact Name
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Location
Kota adm. jakarta timur,

Dki jakarta

INDONESIA