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<![CDATA[THE EXISTENCY INTERNATIONAL LAW ACCORDING TO BRIAN Z.TAMANAHA THOUGHT "A REALISTIC THEORY of LAW" ]]>
<![CDATA[Puspita, Lona]]>
<![CDATA[ Tadulako Law Review Vol 6, No 1 (2021) ]]>
Publisher : <![CDATA[Tadulako University ]]>
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<![CDATA[The existence of international law is still widely debated. This research will examine the existence of international law based on the thoughts of Brian Z. Tamanaha: A Realistic Theory of Law. The research method used is normative research using conceptual and philosophical approaches. According to Tamanaha, law is whatever is called law, there are many laws that exist in society which have an equal position so that no law serves as a standard for evaluating other laws. The relationship between law and morals is relative, not absolute. That is, law is still called law even though it is moral or immoral. From this Tamahana thought, we can see that international law is law, whether it is moral or not.]]>
<![CDATA[CHILDREN PROTECTION AGAINST SEXUAL EXPLOITATION THROUGH SIRI MARRIAGE: AN INDONESIAN EXPERIENCE ]]>
<![CDATA[Fitri, Winda]]>
<![CDATA[ Tadulako Law Review Vol 6, No 1 (2021) ]]>
Publisher : <![CDATA[Tadulako University ]]>
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<![CDATA[The problem that develops in the community regarding children is the exploitation of children. This action is considered an act that has violated legal norms, because it has taken away the inherent rights of the child. Child exploitation is an arbitrary act and discriminatory treatment against children by the community or family to force the child to do something without paying attention to children's rights, such as their physical and mental development. The practice of exploiting children, especially sexual exploitation, has been carried out in various ways, one of which is siri marriage. Siri marriage is a new mode to legalize the crime of sexual exploitation of children. Based on Islamic law, unregistered marriage is a legal marriage, because the unregistered marriage has met predetermined marriage validity criteria. However, unregistered marriage will be a criminal offense if it is committed against a child with the motive of legalizing sexual relations. Normatively, Indonesia applies preventive and repressive measures. As a preventive measure, Indonesia has enacted a series of laws regulating prohibitions, sanctions, and protection measures that must be provided to child victims of sexual exploitation. In addition, a form of repressive protection is carried out by providing a deterrent effect through sanctions on parents or other parties who deliberately allow and use it to gain benefits in child marriage through unregistered marriage which can be categorized as a criminal act, therefore in the perspective of criminal law it can be put together. punishment to parents who have been involved in the act of marrying off their children at an early age so that the imposition of criminal sanctions can provide legal certainty.]]>
<![CDATA[BUSINESS ACTIVITIES OF BANK WAKAF MIKRO: CRIMINAL LAW POLICY IN THE IMPLEMENTATION OF MICROFINANCE INSTITUTIONS IN INDONESIA ]]>
<![CDATA[Aminullah, Bayu Ardian]]>;
<![CDATA[Jaya, Nyoman Serikat Putra]]>
<![CDATA[ Tadulako Law Review Vol 6, No 1 (2021) ]]>
Publisher : <![CDATA[Tadulako University ]]>
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<![CDATA[The purpose of this research is to determine the legal provisions of the implementation of Bank Wakaf Mikro as a Microfinance Institution, as well as to find out the criminal law policy in Bank Wakaf Mikro business activities. This research uses a normative legal research method with a statutory approach. This research shows that the Bank Wakaf Mikro is to overcome the problem of poverty and social inequality that occurs in society by empowering productive businesses that can be directly managed by the community. Bank Wakaf Mikro can be defined as a special financial institution established to provide business development and community empowerment services, through financing in micro-scale businesses to members and the community, managing savings, as well as providing business development consulting services by applying sharia principles that are not solely seeking advantage. Bank Wakaf Mikro is regulated in Law Number 1 of 2013 concerning Microfinance Institutions and the criminal provisions in the business activities of Bank Wakaf Mikro are regulated in the provisions of Chapter XII Articles 34 to 38.]]>
<![CDATA[THE EFFECT OF LABELING ON EX-CONVICT IN THE SCOPE OF THE WORLD OF WORK IN COMPANIES IN SOUTH SULAWESI ]]>
<![CDATA[MPB, A. Srikandi]]>;
<![CDATA[Muin, Audyna Mayasari]]>;
<![CDATA[Indrawati, Dara]]>
<![CDATA[ Tadulako Law Review Vol 6, No 1 (2021) ]]>
Publisher : <![CDATA[Tadulako University ]]>
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<![CDATA[Even though they have paid the price for the wrongdoing, ex-convicts still receive labels that result in them being considered criminals by society. Not only labeling within the scope of society but also in the scope of the world of work, especially companies. This study aims to analyze the effect of labeling on ex-convicts within the scope of the world of work at companies in South Sulawesi. This type of research is empirical juridical research. Sources of data in this study are direct interviews as primary data sources and through literature study as secondary data sources. The analysis used is qualitative data analysis. The results of research on the effect of labeling on ex-convicts in the scope of the world of work at companies in South Sulawesi, show that labeling ex-convicts makes it difficult for ex-convicts to be accepted in social life and within the scope of the world of work, the fact is that until now there is no company in South Sulawesi Province. Those who are willing to accept ex-convicts as workers and the absolute requirements of SKCK in job admission also reinforce the labeling of ex-convicts so that ex-convicts are not confident to compete in the world of work to get decent work and feel discriminated against because they are not given opportunities in the world of work. In addition, the existence of labeling has also had an impact on the formation of recidivists or non-criminal repetitions because the offender who is labeled negative will eventually think that it is useless to do something good, if the community will continue to label him as a criminal and as if it does not give him the opportunity to be even better, then that label has the potential to be realized by the perpetrator, especially if the ex-convict finds it difficult to get a decent job, so in order to meet economic demands in order to survive, the crime will be repeated. ]]>
<![CDATA[JURIDICAL ANALYSIS OF THE BANKRUPTCY EXECUTION DECISION UNDER INDONESIAN COMMERCIAL COURT ]]>
<![CDATA[Savitri, Ravina]]>;
<![CDATA[Santoso, Budi]]>
<![CDATA[ Tadulako Law Review Vol 6, No 1 (2021) ]]>
Publisher : <![CDATA[Tadulako University ]]>
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<![CDATA[Bankruptcy is a civil law institution as the realization of the two main principles contained in Article 1131 and Article 1132 of the Civil Code. The effect of bankruptcy is only on the assets of the debtor, where the debtor is not under supervision. The debtor does not lose his ability to carry out legal actions unless the legal action involves the management and transfer of his existing property. Meanwhile, execution is the implementation of a Court Decision which has permanent legal (in kracht van gewijsde), after the debtor is declared bankrupt, the bankruptcy process will be carried out. The main purpose of conducting bankruptcy is to share the debtor's assets with its creditors and this must be done by the curator after there is a bankruptcy decision. This study uses a normative juridical approach, which means that this research is conducted by examining existing literature such as laws and regulations, related books, as well as dictionaries or encyclopedias. This approach is carried out with the intention that researchers get information from various aspects of the issue being tried to find answers. The Bankruptcy Law explains several factors regarding the need for bankruptcy regulations and postponement of debt payment obligations. The bankruptcy verdict greatly affects the execution. As a result of the declaration of bankruptcy, the entire determination of the debtor's assets obtained before being declared bankrupt must be terminated and since then no decision has been made. A bankrupt debtor may be subject to gijzeling action. This gijzeling institution is primarily shown if the bankrupt debtor is not cooperative in resolving bankruptcy as regulated in Articles 93-96 of the Bankruptcy Law. Legal remedies in bankruptcy proceedings did the abolition of appeal legal remedies is intended to cut the judicial pathway in the bankruptcy process to make it more effective]]>
<![CDATA[EMPLOYMENT OPPORTUNITIES FOR PERSONS WITH DISABILITIES IN INDONESIA: LEGAL STUDIES BASED ON THE SDGS PERSPECTIVE ]]>
<![CDATA[Ayunda, Rahmi]]>
<![CDATA[ Tadulako Law Review Vol 6, No 1 (2021) ]]>
Publisher : <![CDATA[Tadulako University ]]>
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<![CDATA[Persons with disabilities are humans who have certain physical or non-physical limitations that make them unable to do activities like humans in general. As part of Indonesian citizens, persons with disabilities have the same rights. These rights include life rights, education rights, health rights, household rights, political rights, development rights, and the right to get a job. Indonesia is responsible for the welfare of all its people including people with disabilities. This has been explicitly stated in the preamble to the 1945 Constitution of the Republic of Indonesia. However, the problem is that there are still people with disabilities who do not get their rights, especially the right to work. This research is important to do because it wants to examine the problem of employment opportunities for people with disabilities based on the perspective of the Sustainable Development Goals or SDGs. Generally, SDGs are intended to achieve social justice from generation to generation, including for people with disabilities. The 8th goal of the SDGs states explicitly that the state must be able to create decent jobs for all people without exception, including the provision of jobs for people with disabilities.]]>
<![CDATA[THE RISE OF CHILD MARRIAGE IN PALU CITY ]]>
<![CDATA[Susilawati, Susi]]>;
<![CDATA[Ridwan, Ashar]]>;
<![CDATA[Maddusila, Sitti Fatimah]]>
<![CDATA[ Tadulako Law Review Vol 6, No 1 (2021) ]]>
Publisher : <![CDATA[Tadulako University ]]>
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<![CDATA[Act Number 16 Year 2019 on Marriage stipulates that the minimum age for marriage for a person is 19 years for both men and women. Whereas the previous Act stipulated the age limit of marriage, 19 years for men and 16 years for women. This is considered very burdensome for some religious people who obey traditions and laws as well as other factors. Thus, child marriage in the period before the Marriage Act Amendment was already quite high and it is even higher afterward. This writing aims to determine and analyze how many applications for marriage dispensation after the Amendment of the Marriage Act at the Religious Court of Palu City, using empirical research methods. The results showed that there was a significant increase in applications for marriage dispensation in the Religious Court of Palu City after the amendment.]]>
<![CDATA[THE IMPLEMENTATION OF PRESIDENT AND VICE PRESIDENT ELECTION IN PEOPLE’S CONSULTATIVE ASSEMBLY (MPR) (A CONSTITUTIONAL LAW STUDY) ]]>
<![CDATA[Bruaharja, Isman]]>;
<![CDATA[Primayanti, Andi Dewi]]>
<![CDATA[ Tadulako Law Review Vol 6, No 1 (2021) ]]>
Publisher : <![CDATA[Tadulako University ]]>
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<![CDATA[The People’s consultative Assembly is the highest state institution that has undergone a change in the constitutional structure after the amandements to the 1945 Constitution, changes to the MPR are very clearly seen in the first to the fourth amandements to the 1945 Constitution. Before the amandement to the 1945 Constitusion , The MPR as the highest state institusion was given unlimited powers,and MPR is the one that has the authority to enact the 1945 Constitution,GBHN,Appoint the president and vice president in a accordance with the provisions of article 3 paragraph 1 of the 1945 Constitution before the amandement the MPR stipulates the constitution and the GBHN. The existence of the MPR at this time is indeed a high state institution The MPR stikk existence has no position as no longer as the highest state institution and the big question is whether its existence is the absolute holder of the people’s sovereignty]]>
<![CDATA[LEGAL REVIEW CONTRACT WORKERS RIGHTS (OUTSOURCING) IN ACHIEVING SUSTAINABLE DEVELOPMENT GOALS (SDGs) ]]>
<![CDATA[Suhartono, Tonny]]>;
<![CDATA[Setiyono, Joko]]>
<![CDATA[ Tadulako Law Review Vol 6, No 1 (2021) ]]>
Publisher : <![CDATA[Tadulako University ]]>
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<![CDATA[Labor problems will be very complex in line with the era of globalization and the rapid development of all fields, especially in the industrial sector, especially considering the high number of workers in Indonesia today. Another factor that is the source of labor problems is the unfulfilled interests of workers' rights. Therefore, efforts are needed to improve the rights of contract workers and promote a healthy and safe work environment. This study aims to examine the rights of contract workers based on existing laws in Indonesia. Also, this research will examine the contextualization of the Sustainable Development Goals (SDGs) as an effort to improve the rights of contract workers. This research uses normative legal research. The approach used is a statutory approach and a conceptual approach. The data used are secondary data which were analyzed using descriptive-qualitative analysis techniques. The results of this study indicate that the development approach in the economic sector in sustainable development focuses on increasing workers' skills so that they can increase competitiveness in obtaining decent work. This of course can be achieved by fulfilling workers' rights. Indonesia needs to demonstrate its commitment to the implementation of the SDGs, particularly Goal 8 on decent work and economic growth. Indonesia is one of the countries that approved the formation of SDGs, therefore the responsibility for achieving the SDGs is also the responsibility of Indonesia, from the central government to regional governments.]]>
<![CDATA[EFFORTS TO CONTROL THE CENTER FOR DRUG AND FOOD CONTROL AGAINST CRIME OF ILLEGAL COSMETICS CIRCULATION IN MAKASSAR CITY ]]>
<![CDATA[Rusni Rauf, Risma Nur Hijriah]]>;
<![CDATA[Sampurno, Slamet]]>;
<![CDATA[Azisa, Nur]]>
<![CDATA[ Tadulako Law Review Vol 6, No 1 (2021) ]]>
Publisher : <![CDATA[Tadulako University ]]>
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<![CDATA[This study aims to analyze the efforts to tackle the National Center for Drug and Food Control against the crime of illegal cosmetic distribution and to analyze the obstacles faced by the Center for Drug and Food Control in dealing with the crime of illegal cosmetic distribution. This study uses a normative empirical research type using the statutory approach. law and case approach Efforts to tackle the Food and Drug Supervisory Center against the distribution of illegal cosmetics use 2 measures or measures to protect the community, namely: preventive measures; BBPOM Makassar uses the method of conducting routine surveillance every week randomly based on risk analysis and conducting special examinations with the Police. Supervision is carried out before circulation and after the circulation of cosmetic products on the market, socialization in the form of Communication, Information and Education as well as dissemination of information to provide protection to the public in order to develop insight and awareness in buying and consuming good cosmetics, as well as conducting cyber patrols on social media so that BBPOM Makassar is easier to find out the existence of cosmetic sales. The obstacles faced by the Central for Drug and Food Control in dealing with the distribution of illegal cosmetics, namely using 5 factors; legal factors, the Health Law does not say that the minimum sentence given / imposed on the perpetrator of the illegal distribution of cosmetics is law enforcement factors, in terms of the authority of the Makassar BBPOM PPNS is still lacking due to the absence of forced efforts, the coordination of PPNS BBPOM Makassar with agencies is not optimal. other and there is still a lack of civil servants and staff in the field of supervision considering that the BBPOM Makassar work area is very large, the facilities and facilities factor; inadequate for the purposes of investigation and supervision which require huge costs, community factors; the lack of public awareness and insight in buying and consuming good cosmetics, cultural factors; due to technological sophistication and economic progress that has led to crime.]]>
