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PERLINDUNGAN HUKUM TERHADAP PEKERJA YANG IJAZAHNYA DITAHAN OLEH PERUSAHAAN
Pratiwi, Agustina Ni Made Ayu Darma
Jurnal Advokasi Vol 6 No 2 (2016): Jurnal Advokasi
Publisher : Fakultas Hukum Universitas Mahasaraswati Denpasar
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This writing was conducted due to the frequent dispute regarding labour agreement in which situated clauses that impose the labour legalized-certificate to be confiscated during the ongoing contract. This dispute occurs due to the fact that the number of job seekers are not proporsionate with the available jobs. Furthermore, the raise of the living cost cause panic situation in which the job seeker make up their mind to take the available jobs in various duty as long as they acquire a livelihood. Then, it can be deduced from this paper that the detention certificate made the company to workers in the agreement/contract of employment including the violation of human Rights. The policy applied by this company is against the other law despite the fact that there is no excisting laws regulate explicitly regarding to this matter.
EXONERATION CLAUSE PADA PERJANJIAN STANDAR PEMBIAYAAN KONSUMEN
Dewi, Putu Eka Trisna
Jurnal Advokasi Vol 6 No 2 (2016): Jurnal Advokasi
Publisher : Fakultas Hukum Universitas Mahasaraswati Denpasar
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In general, the business activities can not be separated from an agreement to ensure legal certainty. Testament as we know it is an event where one can promise to someone other or where two or more mutually pledged to carry out a thing. Currently, there is a wide range of agreement or contract is a form of derivative agreements of the agreements already provided for in the Civil Law Act (Civil Code) as a result of the principle of freedom of contract. The subject of the agreement was not only a person but also the body, whether incorporated or unincorporated. One of the agreements arising from the development of the business world is a consumer financing agreement in which the shape of the agreement in the form of raw agreement. Because of its raw argued that the treaty does not reflect a sense of fairness and detrimental to one of the parties which are in the field of contract law known as the exoneration clause.
BUDAYA HUKUM DALAM PEMBERANTASAN TINDAK PIDANA KORUPSI
Arthani, Ni Luh Gede Yogi
Jurnal Advokasi Vol 6 No 2 (2016): Jurnal Advokasi
Publisher : Fakultas Hukum Universitas Mahasaraswati Denpasar
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AbstractCorruption is seen as a serious crime because it has eliminated the economic and social rights of the people. People really hate corruption, they even condemn the criminals who have stolen state funds. On the other hand, people have the habit of giving bribes to get what they want, such as to become civil servants, speeding up the processing of documents and others. This study examines the policy of combating corruption and perceptions of corruption.Indonesiaâs anti-corruption policy rests on three elements in the legal system, namely the legal substance, legal structure and legal culture. Indonesia had the rule of law and law enforcement are adequate to combat corruption, but the problem lies in the commitment in law enforcement. The legal culture of society have an important role in the prevention of corruption. Community on the one hand the fight against corruption, but on the other hand it supports corruption. Bribery done to facilitate their getting his wish.
PERLINDUNGAN HUKUM TERHADAP PERANAN MASYARAKAT SEBAGAI PARA PEMEGANG SAHAM DALAM KEGIATAN USAHA SUATU PERUSAHAAN GUNA MENCAPAI KESEJAHTERAAN
Aliandu, Fx. Denny Satria
Jurnal Advokasi Vol 6 No 2 (2016): Jurnal Advokasi
Publisher : Fakultas Hukum Universitas Mahasaraswati Denpasar
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Indonesia is a country that has a good capacity for various fields, which include political, economic, social, cultural, defense and security, can giving a function to processing Indonesian growth and progress of a country reviewing of the economic development of the country. The role of the company in the process of economic development of the people of Indonesian can be do by involving to participate in the activities of the company, and the entry in the companys organizational structure or by investing in a company. People who participate in the activities of investment companies known as shareholders or investors. The shareholder is helpful all the aspect of company activities, such as helping in the company progressing and welfarestate. In the practice of this company will be explored more specifically, where the attention of company performance that involve the society to be active in the practice of the company activities and make a welfaresatete. But the problem is dynamic processing of the companys performance, because the companys performance is not always will be remaining static.
PENGARUH GLOBALISASI TERHADAP PERKAWINAN ENDOGAMI DI DESA TENGANAN PEGRINGSINGAN KABUPATEN KARANGASEM
Anom, I Gusti Ngurah
Jurnal Advokasi Vol 6 No 2 (2016): Jurnal Advokasi
Publisher : Fakultas Hukum Universitas Mahasaraswati Denpasar
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Tenganan Pagringsingan, grow and develop with the impression of the original as the village of Bali Aga, the village that has a pattern of life and governance communities based on the regulation of Traditional Adat Village who inherited their ancestors, including the system of marriage that has a style endogamy, As stated in awig awig " and the goods that the person has put aside his village or his female relatives or helping / giving a chance, is totally forbidden, and should be fined by the village. The impact of modernization does not make significant changes on the lives of villagers Tenganan associated with marriage endogamy, there are recorded only 15 cases from the past until now.
DIVESTASI SEBAGAI ALTERNATIF MEMPERTAHANKAN VIABILITAS PEREKONOMIAN INDONESIA (DARI PERSPEKTIF ECONOMIC ANALYSIS OF LAW)
Tanaya, Putu Edgar
Jurnal Advokasi Vol 6 No 2 (2016): Jurnal Advokasi
Publisher : Fakultas Hukum Universitas Mahasaraswati Denpasar
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This study aims to find out developments and constraints implementation of the divestitures in Indonesia, both conducted by STATE-OWNED ENTERPRISES as well as foreign investor. Understanding of the developments and constraints will make it easier to steps that must be performed related constraints â obstacles occur. One of the problems that arise related divestitures are not yet the existence of a clear and definite criteria concerning the areas that must be controlled by the State.Article 33 of the Constitution states the relating fields with his life many people should be controlled by the State. Setting the article expressly and clearly gives the criteria field of the divestment. Based on the study of laws and decision the Constitutional Court there are several fields relating to: electrical fields, defense and security fields, the fields of water resources.
PENERAPAN DESENTRALISASI FISKAL DI NEGARA CINA DAN NEGARA INDONESIA
Wijaya, I Made Hendra
Jurnal Advokasi Vol 6 No 2 (2016): Jurnal Advokasi
Publisher : Fakultas Hukum Universitas Mahasaraswati Denpasar
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These days economic and financial sector is to determine the progress of a country around the world, in the country of China began to implement the concept of fiscal decentralization to improve the economy and its financial sector after the economic reforms in the 2000s. In Indonesia itself, fiscal decentralization began attending since the fall of the New Order era, namely the beginning of the reform era, with the exclusion of some Act to reinforce the concept of fiscal decentralization in the country of Indonesia. Fiscal decentralization is part of the reform measures around the world, the concept of fiscal decentralization is devolution from central government to local government in the conduct of economic and financial management.
PENEGAKAN HUKUM DI PERBATASAN WILAYAH UDARA NEGARA KESATUAN REPUBLIK INDONESIA
Paminto W., Andre;
Wahyudi, Misran
Jurnal Advokasi Vol 6 No 2 (2016): Jurnal Advokasi
Publisher : Fakultas Hukum Universitas Mahasaraswati Denpasar
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Each country has sovereignty intact and filled up the air space above its territory, while the border region of the country air stretched over land and over the territorial waters. This research aims to find out how the nature of the regulation concerning the national sovereignty of air space as well as the implementation of law enforcement on the border violations in the Indonesian national airspace by foreign aircraft. The results of this paper are: That the sovereignty of air space is political independence of any state that can not be contested, so that all activities across borders another country must obtain permission from the relevant country. Law enforcement against violations of national airspace on the border of Indonesia conducted by foreign aircraft can not be completed because of the limitations of the main tool air weapons systems.
PERANAN NOTARIS DALAM PENDIDIKAN HUKUM BAGI MASYARAKAT
Budi, Muhammad Afet
Jurnal Advokasi Vol 6 No 2 (2016): Jurnal Advokasi
Publisher : Fakultas Hukum Universitas Mahasaraswati Denpasar
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The society who lived in the country organized by rule of law (rechtstaat) is should have known about the laws that regulate their daily life. In general fact, there are so many people in Indonesia, asspesialy in West Nusa Tenggara, who have less knowledge or understanding about the law. It makes they cannot complete their legal issues by themselves, such as the using of the third partyâs service in the registration of land ownership rights. Moreover, not all of the society has the same opportunity and ability to have an education about the law and they should be given comprehensive understanding about it. In order to optimize the potential skill, the notary public offered to educate and give more comprehensive understanding about the law to the society.The study revealed that a notary public did not have any legal responsibility to actively participate to increase the law understanding of the society. However, considering the potential skill about the law that a notary has, morally they have to take a role in increasing societyâs understanding about the law.
PELESTARIAN DAERAH ALIRAN SUNGAI (DAS) PAKERISAN HULU BERBASIS PERANAN MASYARAKAT
Wiasta, I Wayan;
Susrama, I Nengah;
Astuti, Putu Sri
Jurnal Advokasi Vol 6 No 2 (2016): Jurnal Advokasi
Publisher : Fakultas Hukum Universitas Mahasaraswati Denpasar
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Subak has been set become Cultural Landscape World Heritage Site by UNESCO on June 29, 2012, so that Subak became the center of attention by the government or other institutions. The results showed that (1) Public DAS Pakerisan Hulu still patterned agrarian (2) Identified a number of roles that society can play as a buffer DAS Pakerisan particularly focused on conservation measures, (3) Terinventarisasi a number of restrictions to be shunned society for the preservation of the watershed Pakerisan, ( 4) Sistematic form of community unity as a buffer that is Pesuka Dukaan Pakerisan DAS DAS Wewidangan Pakerisan Hulu, (5) formulated draft pararem/awig-awig Pakerisan watershed areas as a means of regulating the behavior of people who are oriented to the preservation of the watershed Pakerisan.