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<![CDATA[KAJIAN PRINSIP NON-INTERVENSI ASEAN DALAM KERANGKA ORGANISASI EKONOMI INTERNASIONAL ]]>
<![CDATA[Setiawan Wicaksono]]>
<![CDATA[ Jurnal Ilmu Hukum Vol 7, No 2 (2018) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Riau ]]>
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DOI: 10.30652/jih.v7i2.4760
<![CDATA[ASEAN as an international organisation and economoc regional integration has wider meaning than just an economic integration, its also hold social and integration between its members. Consequences are, ecah members have to realize to solve problems together to reach the AEC and ASEAN goals itself. This research use normative method with conceptual approach and teortical approach to find out why the principle and goals in ASEAN didn’t run corectly. Author find outs that there are several obstacles in ASEAN which are: there is still lack of commitment in ASEAN members, ASEAN ideologist which greatly adore the non-intervention principle, and ASEAN weakness in settling conflicts.]]>
<![CDATA[PERSPEKTIF HUKUM ISLAM TERHADAP HUKUMAN MATI BERDASARKAN UNDANG-UNDANG TERKAIT HAK ASASI MANUSIA DI INDONESIA ]]>
<![CDATA[Ayusriadi Ayusriadi]]>;
<![CDATA[Abdul Razak]]>;
<![CDATA[Muh Arfin Hamid]]>
<![CDATA[ Jurnal Ilmu Hukum Vol 7, No 2 (2018) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Riau ]]>
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DOI: 10.30652/jih.v7i2.5364
<![CDATA[This research was aimed at finding out and elaboration the perspective of Islamic Law on the capital punishment based on the human rights laws taking into force in Indonesia. This research was a normative legal research using statutory, conceptual and comparative approaches. The legal sources were collected through literature study. The collected legal sources were analyzed by using rules of law, relativism and human rights and Islamic law maslahah theoryes in order to find out the perspective of Islamic law and the human rights against the capital punishment in order to make legal prescriptions on the discussed legal problem. The research results indicated that the perspective between Islamic law and the human rights on the capital punishment could be matched. In Islamic law is explicitly states that the capital punishment is a must in the crime of murder, whereas according to the concept of human rights, especially the international world that the dominated by western country, states that the capital punishment is not recommended because it violats a person’s right to live as God's gift. The capital punishment it self in the concept of human rights has two dimensions, namely the universal dimension and the particular dimension. The Particular dimension state that the human rights enforcement is returned to each countries. This dimension is in line with the ideas of Islamic law as long as it suitable with the proportion of harm and its benefits. The values of human rights, especially in Indonesia, are born from the noble values of a nation so that they may have different views on the necessary of the capital punishment. The decisions on the capital punishment are returned to each country.]]>
<![CDATA[GAGASAN PEMBENTUKAN LAPAS KHUSUS NARKOTIKA DI PROVINSI RIAU MENURUT KLASIFIKASI KEJAHATAN DIKAITKAN DENGAN TUJUAN PEMIDANAAN ]]>
<![CDATA[Isfardy Isfardy]]>
<![CDATA[ Jurnal Ilmu Hukum Vol 7, No 2 (2018) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Riau ]]>
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DOI: 10.30652/jih.v7i2.5597
<![CDATA[Establishment of Special Drugs LAPAS in Riau Province according to crime classification is related to the purpose of punishment, which is done to see the condition of guidance to the Prisoners of Correctional Institution in Penitentiary in Riau Province which can be said not run maximally. This is evidenced by the limited facilities and infrastructure of visitation program guidance, the state of LAPAS is over-capacity, because all convicts of general and special crime are combined, so there is no separation wall. This is a concern given the many more drug users who are in the LAPAS, because between drug dealers, drug dealers and couriers into a single cell in prison. The purpose of punishment that had made the deterrent effect of the offender became not realized, because the coaching system that is in the LAPAS cannot run optimally. Constraints in fulfilling the idea of formation of special narcotic Drugs in Riau Province according to crime classification is associated with the purpose of punishment include: a. Maturity or mental readiness of personnel or prison officers, because there have been many violations committed by LAPAS officers in regulating the circulation of narcotics in prison. b. The absence of response from the Riau Provincial Government to over capacity of LAPAS in Riau Province so that there is no pressure to the Department of Law and Human Rights Department to immediately build a special LAPAS for Narcotics Prisoners. c. The realization of the Ministry of Justice and Human Rights was cut off in the middle of the road, since 2016, the discourse to build a special LAPAS for Narcotics Prisoners has been echoed, but until now, the realization has never materialized, even though the Ministry of Justice and Human Rights already have 5, 8.]]>
<![CDATA[HAK KEKAYAAN INTELEKTUAL: PERLINDUNGAN HUKUM TERHADAP HAK CIPTA KARYA MUSIK ]]>
<![CDATA[Iin Indriani]]>
<![CDATA[ Jurnal Ilmu Hukum Vol 7, No 2 (2018) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Riau ]]>
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DOI: 10.30652/jih.v7i2.5703
<![CDATA[Copyright has a big change for the country, especially in terms of trade. Then the difference in copyright becomes something very important. Both national and international, as agreed in Geneva in Septemebr 1990, where Intellectual Property in Business Briefing addresses issues known as TRIPs (Trade Related Aspects of Intellectual Property Rights). The enforcement of these TRIPs really does eradicate efforts against various forms of Intellectual Property Rights (IPR), including negative piracy of musical works. Should Indonesia ignore the policies in the provisions set forth in the TRIPs agreement, Indonesia will continue to be included in the list of countries that need to be monitored and view (watchlist) and that means any export product from the Indonesian state will be examined for its technological content and questionable the origin of its authenticity. Therefore, law enforcement for copyright such as DVD / VCD piracy that developed rapidly in one of the areas in Indonesia needs to be implemented well in accordance with the prevailing provisions, in order to provide certainty and legal changes to one's copyrights.]]>
<![CDATA[ANALISIS HUKUM TERHADAP OBJEK JAMINAN FIDUSIA MUSNAH KARENA HILANG APABILA OBJEK JAMINAN DITEMUKAN KEMBALI ]]>
<![CDATA[Usril Usril]]>
<![CDATA[ Jurnal Ilmu Hukum Vol 7, No 2 (2018) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Riau ]]>
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DOI: 10.30652/jih.v7i2.5583
<![CDATA[The purpose of this paper is to analyze the object of fiduciary collateral disappeared as lost if the object of the guarantee is rediscovered. Fiduciary Guaranty is the right of guarantee of tangible and intangible moving objects and movable objects which can not be burdened by mortgage as regulated in Law Number 4 Year 1996 concerning Deposit Rights which remain in the control of fiducia giver, as collateral for debt repayment which gives priority to the fiduciary recipient to the other creditor.]]>
<![CDATA[GUGURNYA PENUNTUTAN ATAS GRATIFIKASI YANG DILAPORKAN KEPADA KOMISI PEMBERANTASAN KORUPSI ]]>
<![CDATA[Trie Ayu Sudarti]]>;
<![CDATA[Syamsuddin Muchtar]]>;
<![CDATA[Abdul Asis]]>
<![CDATA[ Jurnal Ilmu Hukum Vol 7, No 2 (2018) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Riau ]]>
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DOI: 10.30652/jih.v7i2.5361
<![CDATA[The study aims to analyze the existence of Article 12B UURI PTPK about gratuities that considered bribes and to analyze the reason of the removal of prosecution against recipients who reported the gratification to the KPK. This research used the normative methods. A gratuity or a reward become a criminal act of bribe when a organizer of the state or the civil servants receive gratification from any party relating to his position or occupation and not reported to KPK within 30 (thirty) days. The Report of acceptance of gratification to KPK by an organizer or state civil servants causing the removal of the state’s authority to prosecute the concerned of a criminal act of corruption.]]>
<![CDATA[Efektifitas Komisi Pengawas Persaingan Usaha (KPPU) dalam Upaya Penyelesaian Kasus Praktek Monopoli dan Persaingan Usaha Tidak Sehat ]]>
<![CDATA[Rezmia Febrina]]>
<![CDATA[ Jurnal Ilmu Hukum Vol 7, No 2 (2018) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Riau ]]>
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DOI: 10.30652/jih.v7i2.5685
<![CDATA[The position of KPPU in carrying out its functions of authority becomes a very important matter to be discussed. Given Law No. 5 of 1999 has given KPPU a very large authority resembles the authority of the Judicial Institution (quasi judicial). The authority of the commission that resembles the judiciary is the authority of the commission to carry out the function of investigating, examining, deciding and ultimately imposing administrative punishment on the case he terminates. Likewise, the authority to impose a sanction of compensation or a fine to the reporting business actor. The type of this research is normative juridical research, which is a descriptive documentary study. This legal research is done by examining the library materials or secondary data only, which is also called legal research literature. The effectiveness of the Business Competition Supervisory Commission (KPPU) as an Independent institution established by the government for the settlement of cases of business competition practices has been known in Indonesia since 1999, this can be seen with the issuance of Law Number 5 Year 1999. With so many cases of business competition demanding KPPU that has the duty and authority to work hard to solve the case of the business competition. A decision of KPPU is deemed to have permanent legal power, if The business actor does not object to the KPPU's decision within the stipulated timeframe (Article 44 paragraph (3) and Article 46 paragraph (1) of the Antimonopoly Law; The reasons for the objection to KPPU's Decision shall be rejected by the District Court and within the stipulated period of time the business actor has not filed an appeal to the Supreme Court (Article 45 paragraph (3) of the Antimonopoly Law, and; The reasons for appeal filed by a business actor (reported) are rejected by the Supreme Court.]]>
<![CDATA[PENGUATAN RESTORATIVE JUSTICE MELALUI PENDEKATAN ADAT DAN KEARIFAN LOKAL SEBAGAI ALTERNATIF PENYELESAIAN PERKARA PIDANA ANAK ]]>
<![CDATA[Wencislaus Sirjon Nansi]]>;
<![CDATA[Wahyu Jontah]]>
<![CDATA[ Jurnal Ilmu Hukum Vol 7, No 2 (2018) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Riau ]]>
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DOI: 10.30652/jih.v7i2.5587
<![CDATA[The child is the future and the next generation of the ideals of the nation, therefore the best interests of the child must be the responsibility of all parties. The Including the interests of children who are faced with the law. In the Criminal Justice System Law No. 11 of 2012 recognizes Justice's restorative approach in the settlement of child criminal cases. Restorative justice approach is intended to prevent children from the impression of criminal and psychological trauma due to the judicial process and also besides that restorative justice approach is an effort to restore the balance between the perpetrator and the victim, as well as the perpetrator with the community to the original state. One of the most important approaches to restorative justice is the traditional approach and local wisdom. Customary law and local wisdom should be an alternative solution in the realization of restorative justice. Therefore this paper intends to examine the legitimacy of customary law in the legal system in Indonesia and the extent to which it exists within the Criminal Justice System law. The method used in this paper is the normative approach. Based on the results of the study it was found that restorative justice through indigenous approaches and local wisdom has not been seriously accommodated in the Criminal Justice System Law. Customary law in the form of fulfillment of customary obligations is only considered as an additional criminal. The additional criminal principle is not independently dependent on the principal penalty. Should the state seriously apply the principle of restorative justice in the settlement of child criminal cases, the customary approach should be regarded as one of the main forms of the crime.]]>
<![CDATA[DISKRESI KEPOLISIAN DALAM PENYELESAIAN PERKARA PIDANA BERBASIS KEARIFAN LOKAL ]]>
<![CDATA[Desi Apriani]]>;
<![CDATA[Heni Susanti]]>
<![CDATA[ Jurnal Ilmu Hukum Vol 7, No 2 (2018) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Riau ]]>
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DOI: 10.30652/jih.v7i2.5509
<![CDATA[The purpose of writing this article is to explain the discretion of the police in the settlement of criminal cases based on local wisdom. This study uses an empirical method, by conducting interviews. Law enforcement in post-colonial Indonesia becomes formal and rigid and bureaucratic. Justice is as if it can only be obtained in an institution called court, so that in many cases the judicial process continues even though the parties have personally made peace. Police discretion as permitted by Police law is the most ideal step or way to change the rigidity of law enforcement. Certainly the discretion referred to here must be accountable on the basis of common interests, humanity and justice. This needs to be done in order to move the law into an Indonesian context based on local wisdom.]]>
<![CDATA[PERLINDUNGAN HUKUM TERHADAP PELANGGARAN HAK CIPTA MELALUI MEDIA INTERNET BERDASARKAN UNDANG-UNDANG NOMOR 28 TAHUN 2014 TENTANG HAK CIPTA ]]>
<![CDATA[Andrew Shandy Utama]]>;
<![CDATA[Sandra Dewi]]>;
<![CDATA[Bagio Kadaryanto]]>
<![CDATA[ Jurnal Ilmu Hukum Vol 7, No 2 (2018) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Riau ]]>
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DOI: 10.30652/jih.v7i2.5652
<![CDATA[Initially the scope of copyright protection only focused on conventional objects of creation. However, along with technological developments and advances, the object of copyright protection is expanding on the forms of creation in the form of science, art, and literature are digitized. Copyright Laws that are currently still experiencing some problems in order to provide protection to the creative works expressed through the internet media. Therefore, it is interesting to examine the legal protection against copyright infringement through internet media based on Law Number 28 Year 2014. The method used in this research is normative legal research. Sources of data used in this research are secondary data, namely data obtained from legislation, scientific journals, and legal literature. Data collection techniques used in this research is literature study. Data analysis technique used in this research is qualitative analysis. The results of this research indicate that the development and advancement of technology increasingly facilitate the occurrence of violations of Copyright through the internet media are hijacked, copied, and traded in the midst of society. Although in Law Number 28 Year 2014 has been set about bans and strict criminal sanctions, but due to weak regulation and lack of legal awareness of the public make law enforcement of Copyright is not running optimally.]]>
