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University Of Bengkulu Law Journal

ubelaj
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Published by Universitas Bengkulu

ISSN : 25411926 EISSN : 25287656 DOI : -

Core Subject : Social,

Law, Crime, Criminology & Criminal Justice

UBELAJ (University of Bengkulu Law Journal) aims to provide a venue for academicians, researchers and practitioners for publishing the original research articles or review articles. The scope of the articles published in this journal deal with a broad range of topics in the fields of Criminal Law, Civil Law, Constitutional Law, International Law, Administrative Law, Islamic Law, Medical Law, Environmental Law and another section related contemporary issues in law. UBELAJ publish twice in a year, April and October.

Arjuna Subject : -

Articles 6 Documents

Search results for , issue "Vol 1, No 1 (2016): OCTOBER" : 6 Documents clear

HARMONIZATION OF TAX LEGISLATION OF THE ASEAN COMMUNITY TANAPONG DAMKERNGKHAJORNWONG
University Of Bengkulu Law Journal Vol 1, No 1 (2016): OCTOBER
Publisher : Universitas Bengkulu

Abstract This article indicates how tax legislations, both in direct and indirect fields, of ASEAN countries should be harmonized. With respect to direct taxation, the issue of direct tax rates harmonization - personal income tax and corporate income tax - will firstly be discussed. Further, I will look into how the personal income tax treatment on a resident exercising the free movement of skilled labour should be. In addition, how to enhance the network of tax treaties between ASEAN Member States and withholding tax levied on cross-border transaction will also be described. As regards indirect taxation, I will consider to what extent such the consumption tax systems as VAT and GST in each ASEAN countries could be in accordance with each other. Finally, what challenges over tax harmonization in ASEAN can be will be noted. The majority of the discussions above will be based upon the tax harmonization and coordination already conducted within the EU.

KONFLIK PENGUASAAN TANAH PERKEBUNAN HERAWAN SAUNI
University Of Bengkulu Law Journal Vol 1, No 1 (2016): OCTOBER
Publisher : Universitas Bengkulu

Abstract There is a vivid imbalance in farm land domination. This emerge conflict in almost Indonesia territory. Structuring the ownership or control of land has been started since the Act Numebr 5 of 1960 as the reference in the structuring of the agricultural land holdings in Indonesia. However, what is hoped and be the justification reason the act seems has not shown as demanded. Based on Decree of Head of BPN RI Number 34 of 2007 on Technical Guidelines for Handling and Resolution of Land Issues, land conflicts arise regarding the issue of tenure, ownership, use or utilization of the plot of land. The enactment of Law No. 18 of 2004 on Plantations also open conflicts between farmers and plantation companies. Conflict occurs when the plantation is difference between one or more people or groups of people with plantation companies relating to land tenure estates. There are several factors that cause conflict, especially agricultural land tenure plantation land, namely: (1) inequality of agricultural land holdings; (2) there is a vagueness setting land rights; (3) wasteland physically; and (4) overlapping land ownership. Recalling the complexity of the conflict over land, land conflict resolution should be based not only on purely formal legal approach but also through other approaches such as economic, social and cultural.

LANGKAH PENCEGAHAN KONFLIK BERSENJATA MAHFUD MAHFUD
University Of Bengkulu Law Journal Vol 1, No 1 (2016): OCTOBER
Publisher : Universitas Bengkulu

Abstract Completion of the armed conflict in both the legal and political framework set in customary international law and the Hague Convention I of 1899 and 1907 on the peaceful resolution of disputes, as well as the Charter of the United Nations. Mechanisms for resolving armed conflicts as well as measures to prevent the emergence of armed conflict refers to the two methods of dispute resolution, the peaceful resolution of disputes and the settlement of disputes by force or violence. Patterns in the context of conflict resolution approach more focused on the efforts of early stage to prevent the emergence of armed-conflict. Such efforts can be done with diplomacy and political mediation efforts by involving the various parties that are considered to be actors of peace. While humanitarian law in the context of normative law enforcement efforts imprinted on the situation of the ongoing war, one of its forms through foreign intervention in the ongoing armed conflict itself. In the present context of the humanitarian intervention of humanitarian law known as the Responsibility to Protect (R to P). In addition through the UN mechanism for the continuous efforts of the international community to prevent the emergence of armed conflict also involving a number of other actors who can be considered a partner for peace. One of them involving specific groups that can be considered a party to break the chain of armed conflict itself. One of them is through the mechanism of the Kimberley Process.

REFORMULATION OF CRIMINAL LIABILITY CONCEPT IN CRIMINAL ACT OF CORRUPTION IN INDONESIA BASED ON PANCASILA HERLAMBANG HERLAMBANG
University Of Bengkulu Law Journal Vol 1, No 1 (2016): OCTOBER
Publisher : Universitas Bengkulu

AbstractThe successful action of eradicating corruption in Indonesia is influenced by the accuracy of formulating the Criminal liability concept of corruptors. Accuracy is needed in determining corruptor to convict those who take part in corruption cases so they can be responsible for their corruptions and be punished according to the regulation applied. This study used an empirical legal research methodology, composing into an article from several research reports. The current concept of criminal liability seems inadequate to arrest the doer that takes part in corruption which has been executed for his criminal responsibility. This indicates the discrimination in sentencing the corruptors. Different from regulation to charge doer in general crimes, a corruptor is charged based on the concept of individual responsibility, thus it is necessary to propose another responsibility which is developed based on Adat Law such as collectivity principle of responsibility

NIKAH SIRI DALAM PERSPEKTIF HUKUM PERKAWINAN NASIONAL OKY DEVIANY BURHAMZAH
University Of Bengkulu Law Journal Vol 1, No 1 (2016): OCTOBER
Publisher : Universitas Bengkulu

Abstract Marriage is one of the importants event in human lifes, particularly for moslem family. Bacause of its important, then marriage regulated not only on state laws, but in Al-quran as well. In Marriage Law in Section 1 of Article 1, mentioned that marriage is legal if conducted according to their religion and beliefs. Meanwhile in Section 2 of Article 2, mentioned that each marriage noted according to the applicable law. Based on that articles above, then marriage registration is not legality condition of marriage. Nikah Siri that conducted without registered, but according to the principles and condition of islamic marriage law. This is give rise to pro and contra in the society related to that legality of marriage.

ROLE OF THE JUDGE IN CREATING JUSTICE AS AN INSTRUMENT OF SOCIAL CHANGE MUH YUSUF; ICHSAN YASIN LIMPO; DEASY MAULIANA; ANDI BAU MALLARANGENG; MAKKAH HM
University Of Bengkulu Law Journal Vol 1, No 1 (2016): OCTOBER
Publisher : Universitas Bengkulu

Abstract The roles of the judges in creating justice has been social phenomenon in society. Public response arises not only because it is so principal but also because the people want and expect that judges at all levels of the courts are qualified and have high integrity and social sensitivity so that it can resolve the problems in the legal field. This paper attempts to unravel the main duties of the judges solving the cases. It concludes in order to meet the demands of justice, the paradigm, mindset and behavior of judges that have tended to weaken and humiliate the position and dignity of the judiciary need to be changed and developed. To realize the existence of the role of judges is determined by the performance, professionalism, idealism and adequate infrastructure to support the efforts of both internal and external approach

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Contact Name
Arini Azka Muthia

Contact Email
aazkamuthia@gmail.com

Phone
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Journal Mail Official
aazkamuthia@gmail.com

Editorial Address
-

Location
Kota bengkulu,

Bengkulu

INDONESIA

Abstract

Abstract

Abstract

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Abstract

Abstract

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Arini Azka Muthia

Contact Email aazkamuthia@gmail.com

Phone -

Journal Mail Official aazkamuthia@gmail.com

Editorial Address -

Location Kota bengkulu, Bengkulu INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Arini Azka Muthia

Contact Email
aazkamuthia@gmail.com

Phone
-

Journal Mail Official
aazkamuthia@gmail.com

Editorial Address
-

Location
Kota bengkulu,

Bengkulu

INDONESIA