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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 10 Documents
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Search results for , issue "Vol 5, No 1 (2020)" : 10 Documents clear
LIMITATIONS BETWEEN COMMERCIAL CONTRACTS AND CONSUMER CONTRACTS Tridarani, Marsella; Ahmady, Yarni Nikita
Tadulako Law Review Vol 5, No 1 (2020)
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Abstract

Commercial Contracts and Consumer Contracts have a fundamental difference however in practice people still can not distinguish between the two. These differences include the principles, scope, the parties who are involved and the settlement of its dispute. Moreover, the terms of the contract can not be separated from BW, although the consumer contract is specifically regulated in Law No. 8 of 1999 on Consumer Protection. These contractual arrangements are also governed by the Convention on International Sales of Goods (CISG), Unidroit Principles of International Commercial Contracts (UPICC), the settlement of disputes between the two contracts are different in which the non litigation process of  consumer contracts dispute can be settled through BPSK.
CRIMINAL LIABILITY AGAINST PERPETRATORS OF FRAUDULENT CRIMINAL ACT BY HYNOSIS Rusdi, Puspitasari; Muhadar, Muhadar; Haeranah, Haeranah
Tadulako Law Review Vol 5, No 1 (2020)
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Crimes by hypnosis are very common among the people. Hypnosis is a type of crime. This crime is also difficult to uncover because it has minimal evidence. This hypnotic crime needs to be included in the law as a criminal offense, because this crime is directly felt by the public. the method used is normative law by using several approaches namely the statute approach, the case approach, the comparative approach and the conceptual approach. A person who commits a criminal offense and has an error, then the person will be convicted. A criminal offense that can be accounted for is included in the element of intent or negligence / negligence. The act can be accounted for if the maker requires the condition, that the person who committed the criminal act had an error. then the defendant must use the theory of purpose of punishment which is appropriate for the perpetrators of criminal fraud by hypnosis. Crimes with hypnotic acts can be subject to fraud offenses. This is because the hypnotic act is intended to take advantage of the victim, using actions that move others to do something. Fraud crime is regulated in Article 378 of the Criminal Code, in an act of hypnosis the aim is to move others to give up something, to benefit themselves. Moving it is done by deception or a series of lies, which makes the victim do something. So the element of purpose and element of the way in this case meets to be categorized as fraud offense, so that hypnosis can be snared with the article fraud
THE EXISTENCE OF CUSTOMARY INHERITANCE LAW IN INDONESIA Masakke, Fransisca Utami; Hapsari, Irena; Az-Zahro, Syaukah
Tadulako Law Review Vol 5, No 1 (2020)
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This paper explains about the application of inheritance law in Indonesia which is strongly influenced by three law systems such as Islamic law, customary law, and Western law. At the beginning of Islam in Indonesia, Islamic law is very dominant in the implementation of Islamic inheritance law which is intergrated with culture and tradition among Muslim society. In Colonial period, the government of Dutch East Hindia started to establish Western law for European and East Asian people. But for the Muslim citizens in Indonesia was implementting the combination of Islamic law and customary law. In the independence period, the political of law has been changed through unification and codification of Islamic law into the Indonesia rules formally, including in the application of Islamic inheritance law. 
LEGAL POLICIES REGARDING RELIGIOUS DELICT IN THE INDONESIAN CRIMINAL CODE Sirait, Trinita Yulinda; Soponyono, Eko
Tadulako Law Review Vol 5, No 1 (2020)
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The Indonesian nation consists of ethnic groups consisting of many tribes, races, classes, religions, and cultures that demand Indonesian people. The reality that occurred in the community was found about the contradictions between religious communities who demanded that Indonesia overcome it with formulation policies or which were part of the action through criminal law policies (criminal policy. This research aims to describe the formulation policy regarding religious offenses in Indonesia. normative that puts forward secondary data in the process of finding conclusions Article 156 and Article 156A of the Criminal Code is a state policy to assist with religious fish interest policies that have succeeded in solving the Indonesian nation, protecting the integrity and national defense of the Indonesian nation.
SANCTIONS AGAINST CHILDREN WHO COMMIT CRIMINAL OFFENSE IN INDONESIA Haeranah, Haeranah; Azisa, Nur; Soewondo, Slamet Sampurno; Nur, Rafika; Bakhtiar, Handina Sulastrina
Tadulako Law Review Vol 5, No 1 (2020)
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In Indonesia the regulation of the age limit of children is very much regulated in various kinds of existing laws and regulations. related to the imposition of sanctions against children who commit a crime is regulated in detail in law no 11 of 2012 the Criminal Justice System for Children which regulates the age limit of children who can be sanctioned are children who have aged 12 (twelve) years, but have not yet age 18 (eighteen) years and for the types of sanctions imposed on children are divided into 2 types namely criminal sanctions and sanctions of actions.
THE SUPERVISION EFFECTIVENESS ON THE IMPLEMENTATION OF ENVIRONMENTAL PERMIT OF SPLIT STONE AND SAND MINING IN THE PALU CITY Insarullah, Insarullah
Tadulako Law Review Vol 5, No 1 (2020)
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Natural resources management in mining has to be managed with environmental oriented policies. The mining split stone and sand mining business in Palu City, especially in the two kelurahan (Buluri and Watusampu) has caused environmental damage that has an impact on the lives of people in the area. This research uses socio-legal research method, research population come from the community around the mining region of split stone and sand in Palu. The sample selected randomly, there are 20 people from the two aforementioned kelurahan which became the research location in Palu. Both of the kelurahan is the center of split stone and sand mining business by the mining company. The mining site located in the fringing road area of Sulawesi main route from Palu to Donggala. Result of the research indicates that the control to environmental permit implementation at the split stone and sand mining in the Palu City is not effective. It is shown from the environmental impact that happened alongside the axis road between Palu and Donggala. There are visible environmental damage and health problem for the resident of the two kelurahan. The tenuous supervision influenced by some factor, namely: the human resource of supervising staff; allocation of control fund; and control supporting facility.
LEMBAGA PERKREDITAN DESA (VILLAGE CREDIT INSTITUSION) AS NON BANKING FINANCIAL INSTITUTION BASED CUSTOMARY LAW IN BALI Suwitra, I Made; Arthanaya, I Wayan; Subawa, I Wayan; Sawitri Nandari, Ni Putu
Tadulako Law Review Vol 5, No 1 (2020)
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The study in this paper aims to show the strength of the Village Rural Institution owned by Desa Adat (costumory village) in Bali in the current globalization based on Awig-Awig (costumary law). This study is based on normative legal research methods and emperical law using satute approach, analytical, case, legal anthropology, and costumory law. The results of the study show that the presence of various financial institutions such as banking, finance, cooperatives have no significant effect on the existence of Lembaga Perkreditan Desa as a non-bank financial institution owned by Desa Adat. It is precisely the financial institutions established under state law are afraid of the existence of Rural Credit Institutions owned by Adat Village because of the strength of its legal alliance body and its awig-awig. So it can be concluded that the Village Rural Institution owned by Desa Adat in Bali can coexistence with various institutions and state law. Since the administration as a model of legal document used by Rural Credit Institution in credit distribution can imitate the model of banking administration in general with some adjustment to the local wisdom law for the welfare of the people of Desa Adat
OPTIMIZATION OF THE MULTIDOOR APPROACH IMPLEMENTATION IN HANDLING CRIMINAL CASES IN THE ENVIRONMENTAL FIELD Natalia, Indriyane Vera; Priyanta, Maret
Tadulako Law Review Vol 5, No 1 (2020)
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Criminal acts in the environmental field are cross sectoral because they are almost followed by other criminal acts such as money laundering, bribery, corruption, gratification, etc. Thus, a multidoor approach was appear with the aim that the limitations of one rule can be filled with another. Furthermore, the magnitude of the chances of escape from criminal offenses, the ineffectiveness of environmental recovery, and the unavailability of deterrent effects can be avoided. The multidoor approach is a legal approach that relies on various laws to ensnare perpetrators of criminal acts in the environmental field. However, until now the application of the multidoor approach has not shown significant results. In this research, the concept of the multidoor approach will be examined from the background of its emerge, its type, and the legal instruments that govern it to its application as well as efforts to optimize the application of the multidoor approach. This research is a normative legal research through the method of legislation approach, conceptual approach and analytical approach. The research specification is analytical descriptive. The object of normative legal research is in the form of qualitative legal material, namely primary legal material, namely legislation and secondary legal material, namely library material. With regard to research data, both secondary and primary data, qualitative juridical analysis is carried out using legal interpretation methods. The conclusion of this study is to provide an understanding of the concept of the multidoor approach and provide suggestions for optimizing the application of this approach.
CRITICAL OF ADMINISTRATION COURT SYSTEM IN INDONESIA THAT IS NOT HARMONIZE YET WITH THE ELEMENT OF GOVERNMENT ADMINISTRATIVE DECISION (BESCHIKKING) BASED ON GOVERNMENT ADMINISTRATION ACT 2014 Mubiina, Fathan Ali
Tadulako Law Review Vol 5, No 1 (2020)
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Abstract

State administrative law has reformed with a new paradigm. So that the alignment or harmonization of administrative court procedural law becomes important. Because at the Implementation level, harmonization is needed in level of understanding that is reformed in the legislation, especially Act of Republic Indonesia No. 30 of 2014. Therefore, this topic tries to remind the stakeholders in the field of law to understand the object extension of the Government Administrative Decision (beschikking) after Act No. 30 of 2014. So, things that are not in accordance with the new paradigm can be minimized. For this reason, in addition to the Law on Administration Procedural Law, stakeholders are required to improve themselves by looking at Act No. 30 of 2014. Because the expansion of the objects of the Government Administrative Decision as the a quo Law still has a paradigm difference with the Circular of the Supreme Court of the Republic of Indonesia (SEMA) No. 4 of 2016. The difference in paradigm ultimately led to the fact that were confusions and trouble in the implementation which was still ongoing until now. Then in this study using the normative juridical method.
STATE RESPONSIBILITIES FOR THE MANAGEMENT OF OIL AND GAS IN THE BORDER REGION Zulkarnain, Zulkarnain
Tadulako Law Review Vol 5, No 1 (2020)
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Indonesia's natural resources which are very strategic and have an important role on the national economy include natural resources in the form of oil and natural gas which must be used as much as possible for the prosperity of the people of Indonesia. This is confirmed in Article 33 paragraph 3 of the 1945 Constitution of the Republic of Indonesia which states that the earth, water and natural resources contained therein are controlled by the state and used for the greatest prosperity of the people. Potential oil reserves in border areas should be given a special share of the results of oil and gas management so that development in the border region is quickly encouraged to match the development of urban areas. Current regulations in the field of oil and gas management (Law Number 22 Year 2001 concerning Oil and Gas) are very liberal and are very far from the mandate of the 1945 Constitution which requires the prosperity of the people. In the implementation of state control over oil and gas management in border areas, the policy aspects can be as follows: Regulation (Regeleensdaad), Management (Bestuurdaad), Management (Behersdaad), and Supervision (Toezicthoudensdaad), Decision / stipulation (Beschikking). This research is a normative legal research that specifically examines the laws and regulations governing natural resource management in Indonesia, with the aim of finding out how the state is responsible for oil and gas management in border areas. The results showed that the results of the management of oil and gas mining managed by business actors in general, and foreign investment companies in particular benefit the company more than the people's welfare. Foreign domination in the exploitation of national energy, especially oil, is due to unfavorable work contracts, weak energy security vision designed by the government, institutional integration in upstream and downstream management, regulations are still ad-hoc and planning is weak, weak control system and good governance (good governance) in the energy sector.

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