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Pertanggungjawaban Negara Terhadap Pengingkaran Keadilan dalam Arbritase Internasional
Recca Ayu Hapsari
PRANATA HUKUM Vol 11 No 1 (2016): Januari
Publisher : Law Faculty of Universitas Bandar Lampung
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DOI: 10.36448/pranatahukum.v11i1.191
Denial of justice as be the emergence of state responsibility in international law if the country does not meet certain standards in carried out justice against foreigners . In essence, the denial of justice is a concept of protection for investors , which is based on three elements , foreigners, the state responsibility under international law , and how unfair in holding the judiciary . The legal consequences of denial of justice is a state should be responsible for either restitution orcompensation . ( Zephaniah B.P. Naidoo , 2015: 11 ) . Denial of justice (denial of justice) this comes as no availability or provides a means of justice as appropriate in resolving the case by using local legal institutions ( the exhaustion of local remedies ) . So when there is denial of justice one party can sue the State Responsibility of the provider country of law .
Kewenangan Badan Pengelola Keuangan Daerah dalam Pengendalian Pelaksanaan Anggaran Pendapatan dan Belanja Daerah (Studi Pada Pemerintah Daerah Tulang Bawang)
Noviasih Muharam
PRANATA HUKUM Vol 11 No 1 (2016): Januari
Publisher : Law Faculty of Universitas Bandar Lampung
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DOI: 10.36448/pranatahukum.v11i1.192
As according to Government Regulation Number 41 Year 2007 about region ware organization, so it is published a Government Regulation of Lampung Province Number 9Year 2007 about the formation of finance office administration organization of Lampung Province. Based on explanation above, so that be troubleshoot in this research is how does Finance Office Authority of Lampung Province in management and control towards Revenue Plan Execution and Region Expense (APBD) at Lampung Province. This research Method uses a judicial normative and empirical approach. In carry out the function as Region Finance Official Manager (PPKD), so Province Finance Office must give warning to various related parties related to Revenue Plan Execution and Region Expense (APBD) like Region Ware Work Unit (SKPD) with do socialization with submit estimation management communicatively to each Region Ware Work Unit (SKPD). Local government on the contrary do anticipative action in takes wisdom to avoid deficit estimation with balances between income and region expense.
Analisis Gugatan Wanprestasi dalam Jual Beli Tanah (Studi Putusan Nomor: 127/Pdt.G/2014/ PN.TK)
Tami Rusli
PRANATA HUKUM Vol 11 No 1 (2016): Januari
Publisher : Law Faculty of Universitas Bandar Lampung
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DOI: 10.36448/pranatahukum.v11i1.193
The legal act of buying and selling is one of the legal issues in the land sector. The sellers must submit property rights of the goods to the buyer. The research problem is a basic consideration of the judge ruled on a lawsuit breach of contranct by land of buying and selling in Decision No. 127 / Pdt.G / 2014 / PN.TK. Normatif juridical approach and empirical. Collecting data with literature studies and field studies, qualitative data analysis. The research result shows that the basic considerations in deciding the lawsuit breach of contract judges buying and selling land is optimal and meets the principles of justice where the defendant has fulfilled all obligations within the agreed payment. The breach of contract by the Plaintiff is not reasonable because land sales conducted in 2008 was melting giro The new conducted in 2010, and a description of the refusal of Bank BRI KC Telok Betong caused receiver EFD Debit is not accompanied by an acceptance of physical Debit certificate / Debit certificate is lost, not because there are no funds (empty). Suggestions submitted in a civil action must include proof of the original letter.
Fungsi Notaris Pejabat Pembuat Akta Tanah dalam Pelaksanaan Perjanjian Kredit Perbankan
S. Endang Prasetyawati
PRANATA HUKUM Vol 11 No 1 (2016): Januari
Publisher : Law Faculty of Universitas Bandar Lampung
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DOI: 10.36448/pranatahukum.v11i1.194
Notary services, is needed in deed bank credit agreements involving the customer and the bank, in order to ensure the correctness of the contents were poured into the bank credit agreement, to publicly truth is not in doubt. The research problem is how the functions of Notary or Land Deed Officer in the implementation of the bank credit agreement and how the force of law deed of bank credit agreement made by the Notary or Land Deed Officer. The research method in juridical normative and empirical is used primary and secondary data, and data analysis with qualitative analysis. The survey results revealed that the function of Notary / Land Deed Officer in Implementing Credit Agreement is a deed in accordance Orders of the bank where such orders have been agreed by the debtor (authentic deed). In addition, the notary as a person (figure) descriptive captions reliable, whose signatures and capnya guarantees and compelling evidence. Banks should do the legalization Notary if there is a loan agreement made in the form at the bottom of the hand.
Hak Asuh Anak Akibat Perceraian (Studi Perkara Nomor 0679/Pdt.G/2014/PA TnK)
Meita Djohan Djohan
PRANATA HUKUM Vol 11 No 1 (2016): Januari
Publisher : Law Faculty of Universitas Bandar Lampung
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DOI: 10.36448/pranatahukum.v11i1.195
Marriage is an attempt to unite different persons from each other. In fact, no one who wants marriage ended in a divorce. With the breakdown of a marriage will be legal consequences that follow, one of which is the Custody over children born of the marriage. The problems of this study, how the custody of children after divorce ?. Juridical approach Normative and Empirical, type of data is secondary data and primary data. The data collection and Library Studies Field Studies were then analyzed qualitatively. Results of the study can be argued that, Custody child is when seen in terms of normative, children who are under 12 years old is the custody of his mother, but based on the jurisprudence of the Supreme Court of the Republic of Indonesia Number 110 K / AG / 007 dated 7 December 2007 that in principle stated that the maintenance of the child, not merely of those most entitled, but to see and put forward is the best interests of the child. Suggestions deliberation should be done if there is a dispute on the division of custody of the child but if there is no way out is better to use the courts.
Upaya Hukum dalam Meningkatkan Pendapatan Asli Daerah (Studi di Kecamatan Tanjungkarang Pusat).
Agus Iskandar
PRANATA HUKUM Vol 11 No 1 (2016): Januari
Publisher : Law Faculty of Universitas Bandar Lampung
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DOI: 10.36448/pranatahukum.v11i1.196
Handling and management of land and building tax (PBB) is expected to lead administration and is able to increase community participation in development financing. The problem in this research is legal action taken by the Office of the District Tanjung Karang, Bandar Lampung Center to Improve Regional own source Revenue. Digunaka approach to the problem is normative and empirical approach. Data collection techniques with literature studies and field studies. Qualitative analysis. The result of research that attempts increase revenue in Bandar Lampung with the implementation of the strategy of local tax collection system by the establishment of the Regional Head (official assessment system) and in a way paid by the taxpayer (self assessment system). Suggestions put forward so that the rate of tax and levies to be reconsidered because it increases the tax rat e and levy will not necessarily result in increased revenue.
Analisis Keadilan Restoratif (Restorative Justice) dalam Konteks Ultimum Remedium sebagai Penyelesaian Permasalahan Tindak Pidana Anak
Bambang Hartono
PRANATA HUKUM Vol 10 No 2 (2015): Juli
Publisher : Law Faculty of Universitas Bandar Lampung
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DOI: 10.36448/pranatahukum.v10i2.197
In Indonesia ,The meaning of Restorative Justice is a fair thing Completion Operations involving Performers , Victims , their family and other party who related the Crime. The Problems on Research Implementation What is Restorative Justice in the Context of ultimum Remedium As abuse child and what is the detention factor of Restorative Justice Implementation of abuse child. Based on the research is that implementation of Justice in the Context ultimum Remedium as settlement of abuse child is the protection of the children's rights had dealed with law. The detention factor of Restorative Jusice implementation have not legitimation in law and be basedon take decision of investigation process
Pembubaran Partai Politik Terhadap Sistem Demokrasi di Indonesia
Rifandy Ritonga
PRANATA HUKUM Vol 10 No 2 (2015): Juli
Publisher : Law Faculty of Universitas Bandar Lampung
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DOI: 10.36448/pranatahukum.v10i2.198
The existence of political parties as a form of freedom of association is needed in a democracy. However, based on the existing practices and regulations, political parties turned out to be dissolved. The dissolution of political parties would be done bersadarkan laws and regulations specify the reason, the procedures and the legal consequences dissolution of a political party. The problem in this research is the process of dissolution of political parties in the colonial period up to the period of reform in Indonesia and the impact of dissolution of political parties in Indonesia against the democratic system in Indonesia. Dissolution of political parties each period is different, in the period before the reform dissolution of political parties is done without justice mechanisms are clear, unlike the case with the reform era to the present arrangements regarding the dissolution of political parties is increasingly clearly stipulated in the Constitution of the Republic of Indonesia Year 1945, in Article 24C of one of the authorities of the Constitutional Court is to decide the dissolution of political parties, more clearly set out in the judicial procedure in the dissolution of political parties of the Constitutional Court of the Republic of Indonesia Number. 12, 2008. The effect of dissolution of political parties against the democratic system in Indonesia did not have an impact on the democratic system applied in Indonesia. Due to the dissolution of political parties will only be done if a political party is contrary to the basic objectives and the constitutional order. Even more than in the dissolution of a political party which opposed the goal is to protect democracy itself, constitution, sovereignty, national security and the state ideology.
Analisis PJ. Kepala Daerah yang Memutasi Pegawai Negeri Sipil Tidak Berdasarkan Peraturan Pemerintah Nomor 12 Tahun 2002 Tentang Kenaikan Pangkat PNS dalam Jabatan Struktural dan Peraturan Pemerintah Nomor 53 Tahun 2010 Tentang Disiplin PNS di Lampung
Yuli Ernitasari
PRANATA HUKUM Vol 10 No 2 (2015): Juli
Publisher : Law Faculty of Universitas Bandar Lampung
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DOI: 10.36448/pranatahukum.v10i2.199
Alleged violations of procedure by a five-acting mutations Regional Head (Pj. Kada) in Lampung. In its recommendation, the fifth mutation KASN decided to cancel the area. These areas are the city of Bandar Lampung, Metro City, South Lampung, East Lampung District, and District Right Way. Recommendations KASN namely Pj. Kada must return the official who appointed the post of promotion. Similarly, relieved officials assigned (Nonjob) must be returned to its original position. The formulation of the problem What should be the procedure of mutated PNS appropriate Government Regulation No. 12 Year 2002 concerning Amendment to the Government Regulation No.99 Year 2000 of promotion of civil servants in structural positions and Government Regulation No. 53 of 2010 on Discipline PNS. Results of the analysis that I get is as follows, That the ordinance mutated PNS in Environmental Lampung Province has not been in accordance with Government Regulation No. 12 Year 2002 concerning Amendment to Government Regulation No. 99 of 2000 of promotion of civil servants in structural positions and Government Regulation No. 53 of 2010 on PNS discipline. Pj. Regional Head should not be arbitrarily mutated, appoint and dismiss civil servants who have positions on the basis of personal interest only. Moreover, civil servants in these positions have a good performance over the years. It's not just a civil servant pro at Pj. That or not.
Analisis Yuridis Normatif Perbandingan Prosedur Pemberhentian Presiden dalam Masa Jabatannya Antara Indonesia dengan Amerika Serikat dan Korea Selatan
Lintje Anna Marpaung
PRANATA HUKUM Vol 10 No 2 (2015): Juli
Publisher : Law Faculty of Universitas Bandar Lampung
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DOI: 10.36448/pranatahukum.v10i2.200
The state is a phenomenon that is a legal entity that is a corporation, as a legal entity state is the personification of the order of national law which form a community, Impeachment president in the State of Indonesia, the United States and South Korea have fundamental differences that need to know how it compares to the dismissal of the president of the country. The main problem in this study include: a. Is the reason the president can be dismissed in his tenure. b. What is the ratio mechanism dismissal of the president in his tenure country of Indonesia, the United States and South Korea.The conclusion of this study are: (1). Reasons for the president may be dismissed in his term the constitution and other legal reasons. (2). Mechanism stops in the State Indonesia through the Parliament, the Constitutional Court, the Assembly, while in the United States House of Representatives as the Assembly of the Judge of the Senate as prosecutor general and the Chief Justice as chairperson in the proceedings of the congress, the South Korean National Assembly as a prosecutor while MK position as a determinant of whether the demands of the National Assembly canceled or not canceled.