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Jurnal Paradigma Hukum Pembangunan
Published by Universitas Katolik Indonesia Atma Jaya
ISSN : 25287486     EISSN : 26549298     DOI : https://doi.org/10.25170/paradigma.v5i02
Core Subject : Humanities, Social,
Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences
Jurnal Paradigma Hukum Pembangunan diterbitkan sesuai standar akreditasi dan dimaksudkan untuk memenuhi kebutuhan publikasi karya ilmiah bidang hukum yang pada akhir ini sulit ditemukan. Jurnal Paradigma Hukum Pembangunan memuat hasil kegiatan penelitian, pemikiran konseptual, dan resensi buku bidang hukum. Media komunikasi ini diterbitkan oleh Fakultas Hukum Universitas Katolik Indonesia Atma Jaya, Jakarta. Terbit perdana April 2016 dengan siklus terbit dua kali setahun. Naskah artikel yang diterima berupa laporan penelitian, pemikiran konseptual, dan resensi buku bidang hukum sepanjang relevan dengan misi redaksi dan belum pernah dipublikasikan.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 132 Documents
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PENERAPAN PRINSIP PACTA SUNT SERVANDA TERHADAP RESOLUSI DEWAN KEAMANAN PBB MENGENAI NUKLIR IRAN Fachrudin Sembiring
Jurnal Paradigma Hukum Pembangunan Vol 4 No 01 (2019): Jurnal Paradigma Hukum Pembangunan
Publisher : Universitas Katolik Indonesia Atma Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25170/paradigma.v4i01.1633

Abstract

The Security Council is a main organ under the authority of the United Nation which has a major role in maintaining security and world peace. One of the efforts is to detect over all things that could threat the world. One of them is nuclear technology development by a state with no intention of peace. That was happened with Iran. The Council imposed resolutions to Iran. Many of them met failure because of disobedience of Iran. In the end, JCPOA is formed and become a new beginning of the conformity of Iran. The measure of the JCPOA extent to the Resolution No. S/RES/2231 (2015). Iran must comply the resolution in purpose to respect the UN Charter by principle of Pacta Sunt Servanda. Researcher used juridical-normative method with statute approach. Secondary data is used by placing the UN Charter and resolutions of Iran as the main material. The research carried out to find out the point of appointment that Iran has been responsible over it’s nucler technology development. The responsibility is realized with the approval JCPOA by Iran Government to comply with the Resolution No. S/RES/2231 (2015).
KAJIAN YURIDIS TRANSAKSI DERIVATIF KONTRAK BERJANGKA DALAM BURSA EFEK INDONESIA Jeremia Raharja
Jurnal Paradigma Hukum Pembangunan Vol 4 No 01 (2019): Jurnal Paradigma Hukum Pembangunan
Publisher : Universitas Katolik Indonesia Atma Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25170/paradigma.v4i01.1634

Abstract

Derivative trading is a form of trading that moves fast (fast moving), in large numbers (high volume) and with a high level of liquidity (free following liquid activity). Initially, derivative transactions attracted the interests of companies in the world because they could generate huge profits while also serving as a means of hedging. However, at present the boundary between the use of derivative transactions in Indonesia as a means of hedging and a means for speculating for huge profits has not been confirmed. This is because the use of derivative transactions to seek large profits has the potential to also get very large losses. A concrete example of the impact of derivative transactions can be seen in the collapse of Baring Bank, the oldest bank in the UK to go bankrupt due to derivative transactions carried out by a manager. Therefore in the use of derivative transactions as a means of hedging and a means of profit speculation there must be a clear and explicit distinction. From 2001 to 2009 derivative products were stopped by the Indonesia Stock Exchange (IDX), this was due to less dynamic trading. Beginning in 2016, the IDX announced the reactivation of trading in derivative products based on the Securities Index-based Futures Contract (KBIE) namely LQ-45 (LQ-45 Futures Index). There are two derivative products that will actually be present in the Indonesian stock market, namely futures contracts and stock options. But for now, the only derivative product on the Indonesian stock market is the LQ-45 stock index futures contract.
KEDUDUKAN YAYASAN : ANTARA PENDIRI DAN MASYARAKAT Lintang Suryaningtyas
Jurnal Paradigma Hukum Pembangunan Vol 4 No 01 (2019): Jurnal Paradigma Hukum Pembangunan
Publisher : Universitas Katolik Indonesia Atma Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25170/paradigma.v4i01.1635

Abstract

The foundation as a form of legal entity in Indonesia has a unique character because it is owned by the public, has no members, and is engaged in social, religious and humanitarian fields. The founder separates a portion of his personal assets and surrenders fully to the foundation he founded. After that, the founder may sit as the organ of the foundation that he founded, although that is not compulsory, as well as the family members of the founder of the foundation which are a completely separate part and may not have any interest in the foundation. The foundation’s establishment is relatively easy, but its management requires carefulness in order not to cause legal problems among the organs, the organs the founder and other legal problems that may effect the foundations themselves. The founding of the foundation since the era of Hindia Belanda without being regulated by laws and regulations in Indonesia, raises its own resistance for descendants of the founders of foundations and foundation managers who are accustomed to manage foundations with free play rules, when the birth of the Republic of Indonesia Law Number 16 of 2001 Concerning Foundations then amended by Law of the Republic of Indonesia Number 28 of 2004 concerning Amendments to the Law of the Republic of Indonesia Number 16 of 2001 concerning Foundations, along with the implementing regulations. Efforts to enforce the provisions in the Law of the Foundation seem to indeed require some significant amount of time, so that within a period of almost two decades since the enactment of the Foundation Law, there are still many ignorance of the provisions regarding foundations and conflicts that resulted from such ignorance.
EFEKTIVITAS INSTRUMEN HUKUM DALAM ELECTRICITY DIRECTIVE 72/2009/EC Piter Zunimik Sinaga
Jurnal Paradigma Hukum Pembangunan Vol 4 No 01 (2019): Jurnal Paradigma Hukum Pembangunan
Publisher : Universitas Katolik Indonesia Atma Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25170/paradigma.v4i01.1636

Abstract

In order to achieve effective competition needs several instruments that are expected to facilitate the achievement of these goals. Electricity Directive[1] provides a new system and some renewal of existing systems. The application of such instruments shall fulfill the fundamental principles. The question may arises, how far these instruments are able to ensure effective competition and its application synergy between instruments. This paper will seeks to addresses the question of by which instruments of the Electricity Directive does the EU ensure competition in the electricity sector, in order to analyses whether all the instruments are sufficient to ensure effective competition this paper also will discusses the benefits and deficits of those instruments. In the first part of this paper general information about the essential idea behind Electricity Directive, the main instruments with their benefits and deficits will be discussed in the following parts respectively. The conclusion part answers the question whether all the instruments are sufficient to ensure effective competition or not.
PENGATURAN TENTANG AKSES PEKERJAAN BAGI PENYANDANG DISABILITAS Ririe Lantari; Yanti Fristikawati
Jurnal Paradigma Hukum Pembangunan Vol 4 No 01 (2019): Jurnal Paradigma Hukum Pembangunan
Publisher : Universitas Katolik Indonesia Atma Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25170/paradigma.v4i01.1637

Abstract

State have the duty to protect their citizen including people with disabilities. Persons with disabilities have their rights to live, dignity, education as well as job. The Indonesian Government has their regulation regarding people with disabilities such as Act number 39 year 1999 on Human Rights, Act number 13 year 2003 on Manpower which is stated that manpower protection aims at guaranteeing the basic rights of workers/labor and equal opportunity as well as non-discriminatory treatment on whatever basis. The Act number 8 year 2016 on Person with Disabilities, is the new law which contain some articles on the rights to work of people with disabilities. This article will explain about the regulation in Indonesia as well internationally about the access to work for people with disabilities.
IMPLEMENTASI SERAH SIMPAN KARYA CETAK DAN KARYA REKAMAN DI LINGKUNGAN PERGURUAN TINGGI Venantia Sri Hadiarianti
Jurnal Paradigma Hukum Pembangunan Vol 4 No 01 (2019): Jurnal Paradigma Hukum Pembangunan
Publisher : Universitas Katolik Indonesia Atma Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25170/paradigma.v4i01.1638

Abstract

Basically the manifestation of creativity, sensitivity, and activity is protected by copyright. In the context of higher learning institution each professor has a main obligation to implement the three works of higher learning institution (Tri Dharma Perguruan Tinggi). The substance of the three works is full with the content of copyright, especially research work. The result of a research which is still in the form of manuscript can be submitted to the university library if it does not need publication. And what is publicized to be a book according to the Law Number 4 Year 1990 about the Submission of Printed Works and Recorded Works has to be submitted to and saved in National Library (two books) and Regional Library (one book) by the publisher or an institution legalized in the Government Regulation. In 2014 was issued the Law Number 28 Year 2014 about Copyright. By using the normative juridical research method some issues are to be scrutinized. Firstly, relation between the Law Number 4 Year 1990 about the Submission of Printed Work and Recorded Work and the Law Number 28 Year 2014 about Copyright. Secondly, the implementation of the Law Number 4 Year 1990 about the Submission of Printed Works and Recorded Works in the context of higher learning institution. It is found that both of the Laws are related to eachother in regard with the printed works and recorded works as the object of copyright. The Law Number 4 Year 1990 has not been effective yet according to the mandate of the law.
KUALIFIKASI BADAN USAHA PADA PENGEMBANGAN UNIT USAHA PADA GRUP USAHA BUMN Kristianto P H; Tivana Arbiani Candini
Jurnal Paradigma Hukum Pembangunan Vol 4 No 02 (2019): Jurnal Paradigma Hukum Pembangunan
Publisher : Universitas Katolik Indonesia Atma Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25170/paradigma.v4i02.1640

Abstract

Specifically related to companies owned by the state, Law No. 19 of 2003 concerning State Owned Enterprises (BUMN Law), it is explained that SOEs are business entities whose entire or most of their capital is owned by the state through direct participation from the separated state assets.Furthermore, each state-owned company in its development can develop its business units into an independent business entity whose shareholders are state-controlled companies and whose capital comes from company assets controlled by the state and not from direct participation in state assets. separated. The difference in authorized capital between a company controlled by the state and a subsidiary of a company controlled by the state can lead to unclear legal status of the business entity or legal entity of a subsidiary controlled by the state because based on BUMN Law, a BUMN is only qualified as a BUMN if the capital is obtained from the investment directly from the country's wealth. Furthermore, the status of BUMN in Indonesian business activities has several priorities that have been determined by laws and regulations, so that the clarity of the status of a subsidiary of a state-controlled company needs to be further studied.
PELAKSANA SURAT KETERANGAN WARIS OLEH PEJABAT NOTARIS DI 5 KOTA JAKARTA, BANDUNG , SEMARANG, YOGYAKARTA , SURAKARTA Lidwina Maria T.; A.Aris Swantoro; Putri Purbasari Raharningtyas Marditia
Jurnal Paradigma Hukum Pembangunan Vol 4 No 02 (2019): Jurnal Paradigma Hukum Pembangunan
Publisher : Universitas Katolik Indonesia Atma Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25170/paradigma.v4i02.1641

Abstract

Notary is an official appointed by the Government based on the Notary Position Regulation to be able to make a deed. The Notary is required to be responsible for the contents of the deed made by the parties so that it does not contradict the Regulation of the Notary Position, and or does not make a deed that does not meet the requirements in advance of shipping or contrary to the provisions of Article KUHPEr. So that the Notary in carrying out his responsibilities must not conflict with the authority specified in the regulations. One deed that can be made by a Notary Public is a certificate of inheritance SKW. In practice the making of SKW is not as small as a Notary who was fooled in bad faith from the parties in terms of the contender giving a fake Birth Certificate so that the Notary Public means that those who are facing are the heirs who should and are entitled to and get an inheritance. But related to this matter, if in the future the SKW is problematic it will not be the responsibility of the Notary. Civil liability can occur in 2 cases Acts against the Law and Default. Violation of Unlawful Acts by a Notary is to act beyond or contradict the responsibility that has been given to him as stipulated in the regulations relating to the making of the deed. The practice that becomes the responsibility of a notary in making SKW is as follows: First, Error in applying the article related to the distribution of inheritance. Second, mistakes in determining the parties who become heirs in good faith. Third, the error determines the amount of distribution for each heir determined by SKW. Fourth, the testator's will is not included in the SKW made by the parties. Notary in practice can avoid this risk if among the Notary professions determine and determine the procedures and prerequisites for making and format of SKW as the notary profession agrees to the code of ethics so that uniformity of the Notaries in making SKW thus prevents the Notary from legal liability that should be can be avoided in carrying out his responsibilities as a Notary
PERAN NEGARA DAN PENERAPAN PANCASILA DALAM MEWUJUDKAN NEGARA KESEJAHTERAAN (WELFARE STATE) DI INDONESIA Belinda Gunawan
Jurnal Paradigma Hukum Pembangunan Vol 4 No 02 (2019): Jurnal Paradigma Hukum Pembangunan
Publisher : Universitas Katolik Indonesia Atma Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25170/paradigma.v4i02.1642

Abstract

The position of Pancasila as the basis of the state has given a consequence that the implementation of Indonesia as a rule of law-based state, including to create a welfare state condition, has to be based on Pancasila. The format of this research is a juridical-normative, it means the research used the secondary data. The typology of this research is prescriptive, that gave advice, solution and suggestion for this research. The purpose of this research is to find out the concept of welfare state in Indonesia, and to give usable advice to current state implementation. The result of this research is that welfare state concept in Indonesia is the welfare state which prioritize citizen's welfare, based on the principle of family system with the principle of togetherness, efficiency with justice, continuity, environmental perspective, self-sufficiency and keeping a balance in progress and unity of the national economy, as written in The Constitution of Republic Indonesia 1945. The ideal role of Indonesia to realize a welfare state is to concern on the role as the leader, law and policy maker, also a supervisor which drives the society (including private sector and individual) based on the values of Pancasila, especially the 5th principle (sila ke-5), to work together to increase the welfare in Indonesia, based on their own roles.
PENYALAHGUNAAN WEWENANG HAKIM DALAM MEMBUAT PUTUSAN (Studi Kasus Putusan 464/Pid.B/2017/PN.Tjk.) Dwi Putri Melati
Jurnal Paradigma Hukum Pembangunan Vol 4 No 02 (2019): Jurnal Paradigma Hukum Pembangunan
Publisher : Universitas Katolik Indonesia Atma Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25170/paradigma.v4i02.1645

Abstract

Discrepancies are found in decision No. 464 / Pid.B / 2017 / PN.Tjk, because the panel of judges decapitates or omits an element of article 310 paragraph (2) of the Criminal Code. decisions in accordance with elements of the law and legal remedies for judges who abuse their authority. Approach the problem by using a normative juridical approach (legal research). Judicial Power is the power of an independent state to administer justice to enforce law and justice based on the Pancasila and the 1945 Constitution of the Republic of Indonesia, for the sake of the Republic of Indonesia. But in reality, at the point that explains that there are no consequences for judges in carrying out their duties, it is often used as an opportunity for judges to commit irregularities and be unfair and impartial. if there is an irregularity claimed by the judge in taking the decision of a case, then the injured party can file a complaint to the Supreme Court supervisory body and also the judicial commission. So it is important to create a special team that can impose sanctions on judges who commit irregularities, are not competent, not qualified and unfair in deciding a case.

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