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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 3, No 2 (2018)" : 7 Documents clear
PROBLEMATICS OF JINAYAT QANUN IMPLEMENTATION IN NANGGROE ACEH DARUSSALAM COMMUNITY Zainuddin, Zainuddin; Sahban, Sahban
Tadulako Law Review Vol 3, No 2 (2018)
Publisher : Tadulako University

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Abstract

This paper explores the implementation of jinayat law in the perspective of equality before the law in the people of Nanggroe Aceh Darussalam. Qanun Number 6 of 2014 concerning Jinayah Law is the implementation of Law Number 18 Year 2001 concerning Special Autonomy for the Province of Aceh Special Region as the Province of Nanggroe Aceh Darussalam. Qanun Number 6 of 2014 concerning Jinayah Law. This research is a normative law and is descriptive in nature and the approach used is the law approach, case approach, and conceptual approach. In its application, the Jinayat Qanun has heeded the principle of equality before the law because Jinayat Qanun applies only to certain fingerprints. There are ten prohibited acts (jarimah) in accordance with Islamic Shari'a in the qanun. The clause is khalwat, maisir, and gambling, adultery, the practice of homosexuals (liwath), lesbians (musahaqah) and marital bonding (ikhtilat). In addition, it has not protected women victims of crime, and also discriminates against non-Muslims.
APPLICATION OF FINANCING BASED WARRANTY CONTRACT OF PRINCIPLES FOR SETTLEMENT WITH RESPECT TO THE RESULTS AND FINANCING PROBLEMS Zulfi Diane Zaini; Arifin Arifin; Lukmanul Hakim; Aprinisa Aprinisa
Tadulako Law Review Vol 3, No 2 (2018)
Publisher : Tadulako University

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A collateral is prohibited in contract based on profit sharing, because this contract is trust-based agreements. But in order to avoid high credit/financing risk, shariah banking in practice implements it. In addition, the binding of collateral used ini shariah banking still uses conventional agreements. This research uses normative law approach(literature research). The result if this research is a collateral has an importen position in the contract based on profit sharing in shariah bank is accordance with the prudential banking principle and sharia compliance because a collateral is applied not as assurance effort of the financial capital, but to guarantee the orderly repayment/settlement of amount of the obligations and profit sharing ratio at the time in accordance with the agreed upon agreement and the disbursement after the customer’s proven negligence, the binding of collateral using the conventional binding provided in the exixting positive law, it has not specialy accommodated the shariah principle and collateral has an urgent function as part of the settlement of financing problems and executed after the customer is declared negligent
THE LEGAL PROBLEMS OF LAND LAW TOWARD INVESTMENT ERA IN INDONESIA Supriadi, Supriadi; Weri, Asmadi; Sari, Dewi Kemala
Tadulako Law Review Vol 3, No 2 (2018)
Publisher : Tadulako University

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The development of the Indonesian nation needs assistance from abroad, through the mechanism of investment, and in the context of investment in Indonesia providing facilities in the field of import duties, and land use permits. The ease of granting permits to use the land is often an obstacle, because there is a clash between the community and large companies, the government and other agencies. To avoid such conflicts, the road taken is to build awareness of all stakeholders, especially government officials and security forces. the people who own / control their land are only intended to connect their lives. Meanwhile, government officials and security forces and law enforcement officials realized that "humanity is very valuable above all. Thus the method used is three approaches (i) type of research, which are related to the type of normative research; (ii) problem approach, using, namely: (a) conceptual approach; (b) the law approach. This approach will be used as a means to conduct legal analysis of the implementation of the construction of LNG or liquefied natural gas infrastructure in Uso Batui Village, Banggai District. The existence of an LNG development project managed by PT Donggi Senoro LNG, in practice led to conflicts between communities related to the non-implementation of Presidential Regulation No. 36 of 2005 as the basis for implementing compensation payments. By using the research method, the issue of land acquisition for the public interest is taken by means of: (i) the apparatus, both government officials, law enforcement officials, and agencies of the National Land Agency must do the right and fair in making decisions regarding land; (ii) placing the value of justice above the interests of legislation.
MEASURING THE AGREEMENT LEGALITY BETWEEN THE COMPANY OF ONLINE TRANSPORTATION SERVICE PROVIDER AND THEIR DRIVER PARTNERS IN EFFECTUATION OF NON-ROUTE PUBLIC TRANSPORTATION Baco, Syamsuddin; Noko’e, Nurhayati Sutan; Syamsuddin, Adiesty Septhiany Prihatiningsih
Tadulako Law Review Vol 3, No 2 (2018)
Publisher : Tadulako University

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The increase of the online transportation practice raises problems from its legal aspects. Even so, the community actually welcomes it as an alternative means of public transportation, which is faster, cheaper and more convenient for the community.This study aims to: (1). Analyze the legal relationship of the online transportation service provider and their driver partners according to Indonesia Transportation Law; and (2) Analyze the validity and legality of the agreement between the company of online transportation service provider and their driver partners and also between the driver partners and their passenger and it relations under Indonesia Traffic Law.This research was conducted using normative legal approach with studies from theoretical, historical, structural and philosophical aspects of laws and regulations. Empirical approach was used to support the normative approach arguments.The results reveals that: (1) Construction of the legal relationship between the online transportation service provider and the drivers is an agency agreement, where the online transportation service provider act as a commercial agent (Agentuur) and the drivers act as the Principal. Therefore, the agreement substance that contained in the terms and conditions in the electronic contract categorized as an agency agreement (Agentuur contract). (2) The legal relation between the company of online transportation service provider and their driver partners and also between the driver partners and the passenger is a violation of Indonesia Traffic Law. Therefore, the legal status is null and void by law and the parties cannot file a lawsuit before the court based on that agreement
THE ROLE OF BALILIF PROPER AND FORMAL SUMMONS IN PRIVATE SETLEMENT AT DISTRICT COURT OF BANDUNG AND BALE BANDUNG Afriana, Anita
Tadulako Law Review Vol 3, No 2 (2018)
Publisher : Tadulako University

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One of the officers who engage actively as an executive in court is a bailiff. All duties and obligations undertaken by the bailiff are conducted officially and properly in line with the law. Bailiffs execute their mandate and functions in enforcing the law, as they are the forefront of the court. This article presents a part of a research results conducted with normative juridical research method with a descriptive analytical specification. The research prioritizes secondary data complemented by primary data. The research examines issues on official and proper practices of bailiff summons at District Court of Bandung and Bale Bandung as well as legal consequences if the summon is improper in relation to legal certainty. The research concludes that in practice, the summons have been conducted properly based on the law as provided in Article 122 HIR. However, in some cases, due to certain factors, there are summons carried out properly, but informally. Improper and informal summons conducted due to negligence of the bailiffs may cause harm or loss to the litigants as it can complicate the case settlement, hence, the process becomes longer that leads to more legal cost. Further, this practice disregards the primary purpose of the law itself: legal certainty.
AUTHORITY OF RELIGIOUS COURT IN SETTLEMENT OF SHARIAH BANKING DISSOLUTION Astanti, Dhian Indah; Heryanti, B.Rini; Juita, Subaidah Ratna
Tadulako Law Review Vol 3, No 2 (2018)
Publisher : Tadulako University

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The principle of Islamic banking is part of Islamic teachings relating to the economy. One of the principles in Islamic economics is the prohibition of usury in its various forms, and using the system, among others, in the form of profit sharing principles. With the principle of profit sharing, Islamic banks can create a healthy and fair investment climate because all parties can share both the benefits and potential risks that arise so that they will create a balanced position between the bank and its customers. Seeing the development of Islamic banks so far, sharia principles which are the main foundation of Islamic banks in carrying out their duties have not been able to be implemented and enforced optimally, especially in the event of a dispute between parties, Islamic banks and their customers. This study aims to determine and understand the authority of the Religious Courts in resolving sharia banking disputes and the principles of handling sharia banking dispute resolution. This research is a sociological juridical legal research. This approach was chosen considering that in order to achieve the objectives of the study not only based on legal provisions. However, there are sociological factors which need to be addressed, such as social phenomena related to sharia banking dispute resolution. Methods of data collection were conducted through interviews, questionnaires, and literature studies. Data collected includes primary data and secondary data then will be analyzed qualitatively and identified and carried out categorization. From the results of the analysis, conclusions will then be drawn as answers to existing problems. With the issuance of Law Number 3 of 2006 concerning Amendments to Law Number 7 of 1989 concerning Religious Courts since 30 March 2006 has provided a legal umbrella for the implementation of Sharia Economics in Indonesia and disputes in sharia banking are the authority of the religious court environment, dispute resolution related to sharia banking economic activities completed in two ways, namely litigation and non-litigation, besides that the issuance of Law Number 21 of 2008 concerning Islamic Banking further reinforces the dispute resolution mechanism between the bank and the customer as stipulated in Article 55 paragraph (1), (2) and ( 3) that dispute resolution is carried out in accordance with the contents of the contract.
RELEVANCE OF CREATOR’S ECONOMIC RIGHTS PERIOD WITH PUBLIC ACCESS RIGHT IN THE BOOK OF KNOWLEDGE Roisah, Kholis
Tadulako Law Review Vol 3, No 2 (2018)
Publisher : Tadulako University

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Economic rights are creator’s or Copyright holder’s exclusive rights to gain economic advantages over his creation. The history of economic rights in Indonesia continuously experiences changes until the most recent is Copyright Act Number 28 Year 2014 about Copyright of creators’ economic rights is protected for a lifetime plus 70 years after the death of the creator. This change has affected public people, particularly in access to the book of knowledge. This research was conducted using juridical normative method. From the result of the research, it can be concluded that prolonged protection of economic rights causes difficulty for public to access the book of knowledge because public highly depends on books that has become public domain. The book of knowledge is difficult to be accessed because its price tends to be expensive. It is probably useless to wait for the book to be publicly owned because by the time the book is going public, the content will no longer relevant.

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