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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 2, No 2 (2017)" : 7 Documents clear
THE PENAL CODE REFORMULATION IN ERADICATION OF NARCOTICS CRIME Ginting, Iwan
Tadulako Law Review Vol 2, No 2 (2017)
Publisher : Tadulako University

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Abstract

The high penalty of imposed fines aims to provide a deterrent effect and fear, both for the perpetrator of the criminal itself and for others. However, with the formulation of high penalty penalty threats and the granting of the possibility by the Act to replace the implementation of a fine with a subpoena of imprisonment in a short time cause the fine penalty in Law Number 35 Year 2009 is not effective.
ACCESSIBILITY RIGHTS TO PUBLIC FACILITIES FOR DISABILITIES IN INDONESIA Nurvianti, Dewi
Tadulako Law Review Vol 2, No 2 (2017)
Publisher : Tadulako University

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Abstract

The disabilities people in Indonesia, interacting with their environment experienced many obstacles, especially in accessing public facilities. To eliminate all these obstacles, the Government of Indonesia pursues one way of doing so by fulfilling the right to accessibility to public facilities for PwDs. Such fulfillment efforts begin by ratifying the International Convention on Persons with Disabilities that govern the fulfillment of those rights. In addition, the effort taken also to give birth to the national legislation about persons with disabilities namely Law No. 8 of 2016. In the Act is regulated one of several rights, namely the right to accessibility. In this article we will describe the right accesibiltas which is part of human rights and the availability of legal guarantees in Indonesia on the right to accessibility for persons with disabilities in some legislation related to public facilities, namely the right to accessibility to building, spatial and region and transportation. The conclusions presented in this article are, firstly, the right to accessibility is an integral part of the concept of human rights. Secondly, the right to accessibility to public facilities for persons with disabilities is accommodated in several laws and regulations in Indonesia.
THE LAWFUL CONSEQUENCES OF BIRTH CERTIFICATE ON CHILDREN ABROGATION Sandjojo, Natasya Immanuela
Tadulako Law Review Vol 2, No 2 (2017)
Publisher : Tadulako University

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Abstract

Research due to the law on the abrogation of birth certificates against children aims to know the effect of law affecting the child, as well as review of the determination and judgment in court that play a role in the birth certificate abrogation. This research describes the importance of birth certificate because of the low public awareness to perform birth registration. The study uses normative juridical research, which faces legal issues with the process of discovering legal rules, principles, and legal doctrines, with deductive methods, starting from the general thing and then generating specific and legitimate answers. Based on the results of the study, that the abrogation of birth certificate brings great lawful consequences for the child, especially the status and position of the child, as well as the right of alimentation,  which in this study included some examples of determination and court decision about the birth certificate abrogation.
STATE’S AUTHORITY RIGHTS OVER LAND IN INDONESIA Awaluddin, Awaluddin
Tadulako Law Review Vol 2, No 2 (2017)
Publisher : Tadulako University

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Abstract

The basic principle mentioned about the right over land by state is very basic according Article 33 Paragraph (3) of the 1945 Constitution which states "" earth and air and natural resources contained within it controlled by the state and used for the stock of people's prosperity." This research is intended to seek and understand whether the meaning of rights by the state can be interpreted also as the right of the state (eigenaar) to the land in Indonesia. This research uses research methods with the approach of legislation and conceptual road. Based materials from books law and research journals are the main legal ingredients. The results show that state copyright is interpreted as a state authority, judicial, air and space rules and regulations.
THE LEGAL PROTECTION FOR REAL LAND RIGHT HOLDER IN CASE OF FORGED RINCIK Nirwana, Nirwana; Patittingi, Farida; Nur, Sri Susyanti
Tadulako Law Review Vol 2, No 2 (2017)
Publisher : Tadulako University

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Abstract

The legal Protection For Real Land Right Holder in Case of Forged Rincik. The research aimed to investigate (1) the legal protection for the land owner whose possession was based on rincik evidence, and (2) the legal protection on the good-will buyer based on the forged rincik document used in the land sale transaction. This was the normative legal research, also called the library research or documentary study because the research was only conducted on the written regulations or other legal materials or secondary data consisting of the primary and secondary legal materials. The interview was performed to strengthen the theories and opinions in the research. The research also used the Secondary data. the data were analysed and presented using the qualitative descriptive method. The research result indicate that: (1) the real land owner with rincik possession issued after the year 1960 based on the decision of Indonesian Supreme Court No. 560K / PID / 2008 has not been fully protected due to the fact that the seller is funished for forging the rincik., returning the right to the land owner can not be carried out due to the decision of Indonesian Supreme Court Number. 482 / PK / Pdt / 2014 which make the buyer win, while the real land owner is the directed to sue the land seller to give the compensation: and (2) the legal protection on the good faith buyer based on forget rincik in the land sale transaction has been fully protected and has the ringt to possess the land based on the decision of Indonesian Supreme Court Number. 482/PK/Pdt/2014 because the buyer has bought the land in the presence of Temporary Land Title Registar.
CRIMINAL ACT OF THEFT IN PENAL CODE PRESPECTIVE AND ISLAMIC LAW Syafii, Ahmad
Tadulako Law Review Vol 2, No 2 (2017)
Publisher : Tadulako University

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Abstract

Crime is regulated in Indonesian Criminal Code or positive law has been classified into several types of theft crimes, ranging from theft of ordinary crimes (Article 362 of the Criminal Code) punishable with imprisonment of five years, the crime of theft by weighting (Article 363 of the Criminal Code) punishable by a maximum imprison­ment of seven years, minor theft crimes (Article 364 of the Criminal Code) punishable with imprisonment of three months, theft and violent crime (Article 365 of the Criminal Code) threatened with imprisonment of twelve years, the crime of theft in the family (Article 367 of the Criminal Code) is absolutely not possible prosecution. In Islamic criminal law, crime is known as jarimah. Jarimah is any Syara’ prohibition which had been threatened with had punishment or ta’zir. Therefore in jarimah theft included under Islamic criminal law may be using cut hands had punishment {Surah Al-Maidah (5): 38}. Had punishment by cut the and is applied when reaching a predetermined nishab, while ta’zir law done if not fulfilled the terms of theft that requires had punishment.
LEGAL FRAMEWORK IN THE FULFILMENT OF RIGHT TO EDUCATION AS CONSTITUTIONAL RIGHT OF CITIZENS IN BORDER AREA OF NUNUKAN-NORTH KALIMANTAN PROVINCE (Comparison Study and Legal Framework of Right to Education of Citizens in Border Area of Indonesia-Sabah, Malaysia) Zein, Yahya Ahmad; Syaprillah, Aditia; Rohman, Arif
Tadulako Law Review Vol 2, No 2 (2017)
Publisher : Tadulako University

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Abstract

The issues was found based on research results in the first year of the model of the fulfillment of the right to education as a constitutional right of citizens in the Nunukan-North Kalimantan Province. The research addresses the policies and models of the fulfillment of the right to education there are still various weaknesses, especially related to the implementation of policies has been contained in the Local Regulations, even worsened by the neglect of border area management principles based on the fulfillment of the right to education that will break the poverty chain, and will strengthen the orientation of border area management based on the welfare of the people. This is of course very interesting when compared to Malaysia's neighboring state Sabah in the fulfillment of the right to education concerning the availability, affordability, acceptance, and conformity of education.The main issues be discussed in this study are how is comparative policies and how os comparison of the framework in the fulfillment of the right to education as a constitutional right of citizens in the border region of Nunukan Indonesia and Sabah Malaysia.this research is a comparative law study so that it will provide a new policy model of border area management based on the fulfillment of the right to education.The results of this study conclude that the Malaysian government's policy of opening and developing the port of Tawau at the end of the 19th century and the port of Tawau is the third major destination in Sabah after Kota Kinabalu and Sandakan as evidence that the management of its border areas using the prosperity approach has brought prosperity to Malaysian citizen who is on the border of his country and this is directly proportional to the strengthening of human resources through the Infrastructure and quality of education of his country. The results of the Model comparison indicate that there are significant differences in the fulfillment of the right to education as a constitutional right of citizens in the border regions of Nunukan Indonesia and Sabah Malaysia in terms of the conditions of educational infrastructure and access to education information. Affordability of school locations and systems that facilitate the process towards educational facilities.Availability of quality education standards for citizens and the availability of adequate teachers at every level of education.The aim of this research is not only for the development of science, especially the knowledge of Indonesian border region, but also contributes as a reference for the government related to the policy of border area management in Indonesia, particularly the reference for Local Govenrmment of Nunukan.

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