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MOHAMMAD ALVI PRATAMA
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INDONESIA
JURNAL LITIGASI (e-Journal)
Published by Universitas Pasundan
ISSN : 08537100     EISSN : 24422274     DOI : http://dx.doi.org/10.23969/litigasi
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
JURNAL LITIGASI (e-Journal) is a peer-review journal with vision to develop law and harmony between Indonesian positive law and the reality in the society. JURNAL LITIGASI (e-Journal) aims to 1. Actively participate in national development and reformation of law; 2. Take part in educating higher education and legal profession in Indonesia; 3. Provide information on development of law in Indonesia 4. Enlight people in order to improve people’s knowledge of law JURNAL LITIGASI (e-Journal) is published by Fakultas Hukum Universitas Pasundan. LITIGASI covers articles on science of law, legal theories, legal philosophy, social study on law with latest and actual substances. LITIGASI publishes original and scientific articles whose values of novelty in the form of Research findings, Articles, Reviews, and Book Review.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 6 Documents
 1 
Search results for , issue "Vol 17 No 1 (2016)" : 6 Documents clear
UNDUE INFLUENCE SEBAGAI FAKTOR PENYEBAB CACAT KEHENDAK DILUAR KUHPERDATA, DALAM UPAYA MENGISI KEKOSONGAN HUKUM N. Ike Kusmiati
JURNAL LITIGASI (e-Journal) Vol 17 No 1 (2016)
Publisher : Fakultas Hukum Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (309.92 KB) | DOI: 10.23969/litigasi.v17i1.97

Abstract

Not to misuse the regulation of the state as the factor that causes defects in the will of the Indonesian Civil Code, should be anticipated for the development of contract occurs so fast in practice. The convergence of an agreement in the form of rapprochement will of the parties, no longer occur in a balanced manner, because there are elements that influence the parties, both economically and psychologically, whereby the economically strong dominate the contract even harm the opposing party, so the contract applies biased, unfair and inappropriate. Therefore, the government needs to intervene to protect the weaker party. It was felt important need for inclusion of the substance abuse situation as a factor that will cause defects arising from Jurisprudence in the Netherlands as the fourth element, in addition to oversight, coercion and deception that has been set out in Article 1321 of the Civil Code. It is therefore necessary to be examined how the relationship between the abuse of state as the factor that causes the will deform against the abuse of contracts and how to position the state as a factor that causes defects will fill the void in the legal system of contract law in Indonesia. The results showed that the state of relationship abuse as factors that led to the agreement will deform, relevant because the agreement occur with the agreement, and to the agreed required the conformity of the will of the parties. For that agreement became the basis for the validity of the contract. But with the misuse of state in the contract raises the contract it becomes irrevocable, because conformity of his will are not met, while the position of the abuse of the state as the factor that causes a defect will in fill the legal vacuum in the system of contract law in Indonesia, it is very important, where in addition there is no setting in Indonesia, also the case in practice. The parties to a contract are often cornered by the interests of one party, so that the opposing party gives consent with full conviction, because it does not have the bargaining power is balanced, often one of the parties has a weak bargaining position, caused by the influence of the economic position and psychiatric one parties, so we need government intervention to oversee the implementation of the freedom of contract in practice, and making rules coercive. Keywords: Abuse of state; Disability Will; Contracts
KEBIJAKAN PEMBERIAN HAK REMISI NARAPIDANA KASUS KORUPSI Elizabeth Ghozali
JURNAL LITIGASI (e-Journal) Vol 17 No 1 (2016)
Publisher : Fakultas Hukum Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (347.21 KB) | DOI: 10.23969/litigasi.v17i1.48

Abstract

Remission rights is not inalienable rights (which can not be removed or revoked). Remission is limited rights, by the specific requirements and procedures. However, restrictions on the terms and procedures can not be done through Government Regulation No. 99 of 2012 directive, because according the Corrections Act, remission is the rights of every prisoner without any distinction based on qualifications criminal offense committed. Therefore, in order for remissions does not irregulatities, the determination of restrictions on the remission’s rights of corruption’s prisoners needs to adjustments (harmonization) of the Corrections Act. Keywords: Human Rights, Remission, Corruption.
KEBIJAKAN PENEGAKAN HUKUM PERLINDUNGAN TERHADAP PEREMPUAN KORBAN KEKERASAN DALAM RUMAH TANGGA Susi Delmiati
JURNAL LITIGASI (e-Journal) Vol 17 No 1 (2016)
Publisher : Fakultas Hukum Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (348.847 KB) | DOI: 10.23969/litigasi.v17i1.46

Abstract

Violence refers to behavior deviation occurring in human relationship, whether individual or group, which is burdening, unpleasant and unfair. The effect of the violence should be physically, psychologically and spiritually painful. Woman in this case is mostly the victim of the domestic violence carried out by immediate relatives. Thus, legal protection has to be explicitly initiated that women who experience the domestic violence can be protected. There are some factors determined the legal protection, namely legal factors, legal upholder factors, legal facilities factors, community and cultural factors. Keywords: Violence, Protection, Women.
MANAJEMEN RISIKO TRANSAKSI DAN PENCAIRAN TRAVELLER’S CHEQUE GUNA PENCEGAHAN TINDAK PIDANA DI BIDANG PERBANKAN Hassanain Haykal
JURNAL LITIGASI (e-Journal) Vol 17 No 1 (2016)
Publisher : Fakultas Hukum Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (380.114 KB) | DOI: 10.23969/litigasi.v17i1.83

Abstract

Bank in carrying out all its activities tied to various banking regulations, including the principles and fundamental principles in banking law. In conducting its operations, the bank will continue to deal with the risk that risk management systems and the application of the precautionary principle should be applied consistently. At now, the development of banking products and services is growing rapidly. In payment traffic, the currently known range of payment instrument issued by a bank, including the Travel Cheque. Flexibility of Travel Checks lead easily abused and used as a means of conducting illegal transactions. Travel Checks are commonly abused as a means of conducting a criminal act such as bribery, graft acceptance, and as a means of laundering money. Keywords : Risk Management, Traveller’s Cheque, Crime in Banking.
KEWAJIBAN BANK SYARIAH TERHADAP NASABAH PENYIMPAN DANA AKIBAT INGKAR JANJI MITRA Sisca Ferawati Burhanuddin
JURNAL LITIGASI (e-Journal) Vol 17 No 1 (2016)
Publisher : Fakultas Hukum Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (426.349 KB) | DOI: 10.23969/litigasi.v17i1.92

Abstract

Islamic Banking is a financial institution using the system for results in return. In shahibul maal of financing that invest capital and mudharib provide capacity and reputation to run the business and share in the results that, if there is a loss shahibul maal will lose their money, and the party will lose his labor mudharib in running the business. The Islamic banks as intermediaries for the parties should be neutral, fair, trustworthy, and responsible in terms of this cooperation. Method is a normative juridical approach namely legal research focuses on the study of secondary data. To strengthen in order to complement the analysis of secondary data, conducted field research to obtain primary data through interviews. Efforts are being made if there is a legal relationship three parties namely shahibul maal, Islamic banks, mudharib have indications of a loss is not limited to oversight, but the process of consensus, and Alternative Dispute Resolution (ADR) to achieve the objectives of cooperation in terms of rescue funds shahibul maal and business activities mudharib , Accountability Islamic Bank is the responsibility of the owner of the normative means in terms of funds requested mudharabah bank to channel funds directly to the business partners, the bank responsible for the extent of liability than the Islamic bank that is in the implementation of business partner management. While the moral responsibility must integrate moral values with economic measures based on sharia. Keywords: Responsibilities, Bank, Sharia, Default.
IMPLIKASI LIBERALISASI PERDAGANGAN TERHADAP SEKTOR GARAM NASIONAL (Studi Kasus Kebijakan Garam Impor di Jawa Timur) Djafar Albram
JURNAL LITIGASI (e-Journal) Vol 17 No 1 (2016)
Publisher : Fakultas Hukum Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (466.646 KB) | DOI: 10.23969/litigasi.v17i1.107

Abstract

Salt commodity is a strategic commodity to be a political commodity that is able to rip the State and government sovereignty, a commodity that has always been a struggle for certain political economic power. Nation's dependence on imported salt product has arrived at an alarming rate, and therefore the salt production in the homeland must be done independently, not always depend imported products that Indonesia as a sovereign state can achieve its goals towards national food salt self-sufficiency which is launched by the government in 2014-2015 can be realized immediately in order to provide prosperity and well-being for all the people as mandated in the constitution in 1945. This research aimed at rising the problems currently busy talking concerning the proliferation of salt imported from Australia, India, China and Malaysia. Signaled background in economic business community about the government policy, in this case the Ministry of Trade of the Republic of Indonesia (KEMENPERINDAG RI) contained in the Ministry of Trade Regulation No.. 58/M-DAG/PER/9/2012 on the Salt Import dated 4 September 2012. In fact the legal discretion product has not met interest of subject national salting economic business, in terms of policies that made, it not show the pro-active alignments to businessman in this country which is said as a rich abundant of the maritime resources. The apparent contradictory actions in a brightly by opening import faucets of salt flooding the local market in the country. Keywords : Economic, Self-Sufficiency, Food, Salt, National.

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