Articles
86 Documents
<![CDATA[THE IMPLEMENTATION OF SURAKARTA REGIONAL REGULATION NUMBER 2 YEAR 2008 ABOUT DISABILITY EQULITY OF TRANSPORTATION FACILITY ACCESSIBILITY ]]>
<![CDATA[Arifah, Kuni Nasihatun]]>
<![CDATA[ Tadulako Law Review Vol 2, No 1 (2017) ]]>
Publisher : <![CDATA[Tadulako University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
<![CDATA[The fulfillment of Human Rights is one of the indicators of a Legal State, Indonesia as a State of law mandated in the body of the 1945 Constitution of the State's obligation to fulfill human rights for every citizen of his country without exception including to the disabled, disabled is one of the citizens who are prone to discrimination. Perda Kota Surakarta No.2 Year 2008 about disability equality regulates the rights and obligations of the disabled and the obligation of government in realizing equality of disability including physical accessibility in public transportation and public service. In order to implement the regulation, regulation can be implemented. The form of impelemntasi aksebilitas public transportation facilities in Surakarta is with the BST (Bus Trans Surakarta) , halte bus and bus Begawan Abiyasa. After implementation is run, there is an effort to increase Accessibility that is with the supervision of local regulations, the construction of tirtonadi terminal, and coordination.Hambatan that the Government in the effort to fulfill the right of accessibility Public transportation is a matter of funds and coordination between agencies.The result of the research shows that the implementation of the rights of Perda No.2 of 2008 on disability equality in Surakarta through three processes namely socialization, coordination and implementation and supervision and assessment, all of which have been running well but still require a lot of improvement especially in terms of coordination of implementation.]]>
<![CDATA[ACCESSIBILITY RIGHTS TO PUBLIC FACILITIES FOR DISABILITIES IN INDONESIA ]]>
<![CDATA[Nurvianti, Dewi]]>
<![CDATA[ Tadulako Law Review Vol 2, No 2 (2017) ]]>
Publisher : <![CDATA[Tadulako University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
<![CDATA[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.]]>
<![CDATA[COMMERCIAL DISPUTE RESOLUTION: HAS ARBITRATION TRANSFORMED NIGERIAâS LEGAL LANDSCAPE? ]]>
<![CDATA[Olusola, Olujobi J.]]>;
<![CDATA[Oyewunmi, Olabode A.]]>;
<![CDATA[Adeniji, Adenike A.]]>;
<![CDATA[Oyewunmi, Adebukola E.]]>
<![CDATA[ Tadulako Law Review Vol 3, No 1 (2018) ]]>
Publisher : <![CDATA[Universitas Tadulako ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.22487/j25272985.2018.v3.i1.8225
<![CDATA[The adoption of arbitration in the light of its well established attributes promotes confidence levels in the general businesses environment, enhances institutional trust, whilst also developing practical compromise resolution mechanisms. Hence, arbitration is usually deployed as a preferred option for resolving modern commercial disputes. However, Nigeria, a developing economy has not matched policy intent with commercial realities, particularly in terms of broad based integration and utilization of arbitral tools. This trend is not sustainable in the light of the renewed efforts to promote enhanced justice delivery; lower administrative costs and the urgent need to optimize the capabilities of the judicial arm of government. The paper assessed specific arbitral provisions of selected, State High Court Civil Procedures Rules, and on this basis critiqued the arbitral visibility and incorporation relative to established legal processes. Amongst other salient issues, a robust application of arbitration is recommended especially in view of the peculiarities of Nigeriaâs legal processes, judicial institutions, evolving political and social-economic indicators.       ]]>
<![CDATA[LEGAL PROTECTION ON APARTMENT UNIT PURCHASER IN RELATED TO THE OWNERSHIP ]]>
<![CDATA[Saputra, Athalia]]>
<![CDATA[ Tadulako Law Review Vol 3, No 1 (2018) ]]>
Publisher : <![CDATA[Tadulako University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
<![CDATA[The sale and purchase's binding agreement is often becomes a temporary hold for buyer of apartment units over the years. In every sale and purchase's binding agreement always made by developer only, beside that sale and purchase's binding agreement had a standard character and not detail, because there are still many things to be done in the process of splitting certificate. But this is becoming a sudden concern for developers, how if something wrong happens with the developer. every buyer has no proof of ownership yet. It is a dangerous thing for buyer. Proof of ownership to buyers is sale and purchase’s agrrement who made by Pejabat Pembuat Akta Tanah in Indoensia. Research conducted using normative juridical research, which faces legal issues with the process of discovering legal rules, legal principles, and legal doctrines relating to the issue of law. In this study used deductive method that begins from the things that are common then applied to the formulation of the problem and can produce answers that are specific and legitimate. Based on the results of research, from the various rules of law, doctrine, In Indonesia regulates the legal provisions for buyers where buyers can apply for legal remedies through courts of law in Indonesia. The regulation which regulated are Undang-Undang Nomor 8 Tahun 1999 tentang Perlindungan Konsumen dan Undang-Undang Nomor 20 Tahun 2011 tentang Rumah Susun.]]>
<![CDATA[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 ]]>
<![CDATA[Priyanta, Maret]]>
<![CDATA[ Tadulako Law Review Vol 1, No 2 (2016) ]]>
Publisher : <![CDATA[Tadulako University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
<![CDATA[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.]]>
<![CDATA[JURIDICAL ANALYSIS OF LEGISLATION RELATED TO THE CRIME OF TRADE IN HUMAN ORGANS FOR THE BENEFIT OF THE KIDNEY ORGAN TRANSPLANT (Comparative Studies Between Indonesia with Philippines) ]]>
<![CDATA[Situmorang, Benny]]>
<![CDATA[ Tadulako Law Review Vol 1, No 1 (2016) ]]>
Publisher : <![CDATA[Tadulako University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
<![CDATA[In accordance with organ transplant’s evolve especially the kidneys it is necessary to rule out specific health legislation in dealing with transplantation  of human body’s organs to prevent  human trafficking  of human organs.  The approaches used is the approach of legislation and comparisons to provide an overview of the regulation of transplantation of human body’s organs in Indonesia, and to know the comparison with other countries that have specific rules on transplants. The result is that the regulations in Indonesia does not have rules on organ transplants from living non-related organ donation and found no legal protection againts the donor. Keywords: Organ  transplant,  kidney  transplant,  human  trafficking,  health legislation.]]>
<![CDATA[APPLICATION OF THE ULTIMUM REMEDIUM PRINCIPLE TO THE CHILDREN INVOLVED IN NARCOTIC ]]>
<![CDATA[Syachdin, Syachdin]]>
<![CDATA[ Tadulako Law Review Vol 1, No 2 (2016) ]]>
Publisher : <![CDATA[Tadulako University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
<![CDATA[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.]]>
<![CDATA[THE DISPUTE RESOLUTION MODEL OF VILLAGE HEAD ELECTION THROUGH NON LITIGATION ]]>
<![CDATA[Praptianingsih, Sri]]>;
<![CDATA[Fauziyah, Fauziyah]]>
<![CDATA[ Tadulako Law Review Vol 2, No 1 (2017) ]]>
Publisher : <![CDATA[Tadulako University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
<![CDATA[Article Number 6 of 2014 clauses 37 verses (5) and (6) provides that the regent in the district must resolve the dispute over the election result of the village head within 30 days. At the district level, the Regional Regulations governing the settlement of village head election disputes and regulations are effective in the dispute profession.However, the laws and regulations at the local / district level have not yet clearly defined the form / format of the outcome of the dispute over the election of the village mayors. The specific purpose of this research is to formulate the model form in the effort to solve the disputes of Village mayors Election by doing syncretism of existing strategy. The Urgency of this research that is (a) need to build juridical system in handling dispute of village head election; (b) the synchronization of district regulations governing the handling of village head election disputes both vertically and horizontally (c) needs a dispute resolution strategy by developing a model of settlement that provides protection of constitutional rights and ensures that government agenda.Research activities in Jember, Bondowoso and Lumajang districts, with a total sample of 150 people. Data collection techniques use Participatory Action Research (PAR) and Focus Group Discussion (FGD) methods. The Data analysis technique using qualitative analysis.The result of this research is the policy of settlement of disputes of village head election is set forth in juridical instrument at local level, result of settlement stated in peace agreement.This Agreement is then submitted to the Court for the issuance of the Deed of Peace in order to ensure the validity of the legal force for the parties. ]]>
<![CDATA[HUMAN RIGHTS CATEGORIZED JUS COGENS AND IT’S RELATION TO THE RIGHT OF EDUCATION ]]>
<![CDATA[Fattah, Virgayani]]>
<![CDATA[ Tadulako Law Review Vol 2, No 1 (2017) ]]>
Publisher : <![CDATA[Tadulako University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
<![CDATA[Jus cogens as a norm of general international law accepted and recognized by the international community as a whole with the main characteristics is the nature of non derogable rights.The right to education is a fundamental human right, so that its existence can’t be reduced under any circumstances based on the importance and importance of education for children.The national education policy is not yet fully aligned with the international human rights instruments causing the development of education sector not yet fully based on human rights.The Government is obliged to fulfill the right to education primarily in relation to the budget for building and repairing school buildings and improving the quality of education in Indonesia, as set out in the International Human Rights Instrument, in particular the Covenant on Ecosystem Rights.The importance of the right to education as the primary vehicle for lifting and empowering children from poverty, as a means to participate actively and totally in the development of its social community and as a powerful road to humanity.]]>
<![CDATA[THE LAWFUL CONSEQUENCES OF BIRTH CERTIFICATE ON CHILDREN ABROGATION ]]>
<![CDATA[Sandjojo, Natasya Immanuela]]>
<![CDATA[ Tadulako Law Review Vol 2, No 2 (2017) ]]>
Publisher : <![CDATA[Tadulako University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
<![CDATA[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.]]>
