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Tadulako Law Review
Published by Universitas Tadulako
ISSN : 25272977     EISSN : 25272985     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Arjuna Subject : -
Articles 7 Documents
 1 
Search results for , issue "Vol 1, No 2 (2016)" : 7 Documents clear
PROTECTION ON CULTURAL EXPRESSION AS A COPYRIGHTS OF THE KAKULA TRADITIONAL MUSIC Korompot, Ratu Ratna; Miqat, Nurul
Tadulako Law Review Vol 1, No 2 (2016)
Publisher : Tadulako University

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Abstract

Legal instruments that can be used to protect music Kakula as traditional cultural heritage namely Intellectual Property Rights, in this case the rules relating to Copyright can be used as a basis for the protection of traditional musical art music Kakula. Copyright law provisions can be used as a basis for protecting cultural works are included in the scope of knowledge of art and literature. Kakula is a traditional musical instrument which is the traditional cultural heritage which is always used at events such as marriage ritual, the coronation of noble titles or formal occasions regions. The approach method in use is normative and normative anthropology, which takes secondary data and primary data through interviews with the parties relating to the cultural resources in the city of Palu, Donggala, and Sigi. As a result of the research after proposed in 2015, in 2016 coincided Kakula has been proposed to register as one of the Objects of Folklore.
AXIOLOGY ARBITRATION VALUE RULING IN THE CASE SETTLEMENT TRADE (Case Study Decision Of Supreme Court Number : 199 K / Pdt.Sus / 2012) Salam, Safrin
Tadulako Law Review Vol 1, No 2 (2016)
Publisher : Tadulako University

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Abstract

The existence of the Indonesian National Arbitration Board (BANI) in Indonesia that still exist to this day is one manifestation of diakomodasinya patterns of dispute resolution outside the court. Legal Considerations Application Reasons Cancellation Arbitral Article 70 of Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution in Supreme Court Decision No. 199 K / Pdt.Sus / 2012 Relation Ensure Legal Certainty In the disputing parties are legal considerations of the cancellation decision was not all acceptance or rejection of the cancellation request arbitration decision based on legal grounds contained in Article 70 of Law No. 30 of 1999. Act No. 30 of 1999 on the ADR needs to be improved, especially the explanation of article 60 and article 70 which could lead to legal uncertainty for justice seekers among businesses in the dispute and the opportunity loss of trust businesses to resolve the dispute out of court through arbitration institution (the Arbitration Tribunal Ad-Hoc, BANI, etc.)
THE PROGRESIVE RECHTSVINDING IN CRIMINAL JUSTICE PROCESS Wahyu, Wahyu
Tadulako Law Review Vol 1, No 2 (2016)
Publisher : Tadulako University

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Abstract

The positive law still dominates in Indonesian’s law. Currently the legal institutions must do a new beginning. Legal proceedings not often able to resolve the law issue clearly, even provide the substantive justice for both of the perpetrators and the victims. The discovery of progressive law in the criminal justice process is indispensable today.  For example is to implement the progressive judge’s decision that’s mean it is not just legalistic as a depictions of the constitution, judge’s decision not only to maintain order but to deliver improvements in public and to build the social harmonitations. For the last, judge’s decision must be visionary that reborned the courage morality  and legal breakthrough for the better nation.
THE POSITION OF STATE RESPONSIBILITY FOR ENVIRONMENTAL POLLUTION BY CORPORATE : The Legal Studies of Implementation Paradigm Polluter Pay Principle in Environmental Law Enforcement in Indonesia Priyanta, Maret
Tadulako Law Review Vol 1, No 2 (2016)
Publisher : Tadulako University

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Abstract

The development activities is one of the government's efforts in order to realize a fairness and prosperous for the society. The natural resources management through the business activities carried out by the corporation, became one of the important factors in the success of national development. One of the impacts of development activities on the environment is the environmental pollution because of the utilization of natural resources. The pollution has caused a decrease in the quality of human life and other living creatures. Differences paradigm or way people view the polluter pays principle and the position of the responsibility of States to discredit the corporation still there is a difference of view and understanding. It is see from the practice of application of the Social and Environmental Responsibility (TJSL), which seems to have been removing corporate responsibility and involvement allocationof State budget revenue and expenditure of the State to penangulangan pollution, which performed by the corporation. This has led to uncertainty in the law enforcement environment in Indonesia. This study aimed to describe the problem from the legal aspect and theory in relation to the position of state responsibility and corporate environmental pollution in the environmental legal system. This study uses normative juridical approach, through the method of approach to legislation, the conceptual approach, and an analytical approach. The scope of this normative juridical research includes the study of the principles and theory of law. Paradigm reform of the principles of pollution should be change or reform based on theory of law, whereby the position and extent of responsibility of states and corporations definitely be regulated in the Indonesia environmental legal system.
APPLICATION OF THE ULTIMUM REMEDIUM PRINCIPLE TO THE CHILDREN INVOLVED IN NARCOTIC Syachdin, Syachdin
Tadulako Law Review Vol 1, No 2 (2016)
Publisher : Tadulako University

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The focus of this study is the existence of legal principles applicable to the child ultimum remedium the doers. The issues concerning the application of the principle of ultimum How remedium against children as perpetrators Crime Narcotics. Studies conducted an empirical study aims to determine the juridical form of the application of the principle of ultimum remedium in narcotic crime committed by a child. Law Number 11 Year 2012 on Juvenile Justice System and Law Number 35 Year 2009 on Narcotics have to give freedom to the judge to apply the principle of ultimum remedium. However, the application of the principle of ultimum remedium still needs to be studied more in practice. Lack of innovation sanctions given by the judge against children as a criminal narcotics makes imprisonment remains a potent drug (by judges) in the system of juvenile justice, so that the principle of ultimum remedium that should be mandated by an Act of Justice System Child and the Law on Narcotics only limited without a popular mandate fulfilled.
THE URGENCY OF THE CRIMINAL POLICY IN CRIME MITIGATION POLICE PROFESSION Tahir, Ridwan
Tadulako Law Review Vol 1, No 2 (2016)
Publisher : Tadulako University

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Abstract

This article aims to reveal the characteristics of the crimes committed by the police in general, and then continued by asserting the main orientation of the criminal policy in crime prevention. Next, will be discussed more specifically about the urgency of the criminal policy in the prevention of the crimes committed by the police. This paper, presented using data and information from literature sources, then analyzed qualitatively with decomposition descriptive and prescriptive analytics. The focus of the discussion of this article will be directed to the issue of urgency criminal policy in relation to the role of agency compensation and rehabilitation for the abuses of power that are criminogen in the investigation process established through pretrial agencies that the results are only set compensation and rehabilitation as a result of misuse of the police profession. To that end, the weakness of the criminal law policy, need to be updated, ie, by adding the authority to institute pretrial may also recommend its findings to be prosecuted and criminal sanctions
THE RESPONSIVE LEGISLATION: THE ROLE OF PARLIAMENTS IN THE ESTABLISHMENT OF LOCAL REGULATIONS ON TAXES AND FEES THAT ARE RESPONSIVE IN CENTRAL MALUKU DISTRICT Dayanto, Dayanto; Ruslan, Achmad; Hasrul, Muh.; Hakim, Asma
Tadulako Law Review Vol 1, No 2 (2016)
Publisher : Tadulako University

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Abstract

The existence of Local Regulation of taxes and levies is often a problem, especially the cause of the economic climate, hight cost economy in the era of regional autonomy widespread today. Therefore, the Regional Representatives Council as one of the primary organs of the establishment of legislation demanded its role in presenting the Regulation on Taxes and Levies responsive. With the normative-legal research methods-empirical located in Central Maluku district, the study found that the normative role of Parliament as provided for in the provisions of legislation that allows for the formation of local legislation on taxes and levies which have not been effectively implemented responsive. Therefore, to ensure the establishment of local legislation on Taxes and Levies character responsive required their obedience to the law of Parliament to implement the role of normative in the formation of legislation, empowering the institutional capacity of Parliament as well as personal legislators in the formation of legislation, as well as the necessary revision of DPRD  Regulation Central Maluku District Number 01 of 2014 on the Standing Orders of parliament so as to ensure the accessibility of public participation in the formation of legislation.

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