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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 86 Documents
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THE RESPONSIVE LEGISLATION: THE ROLE OF PARLIAMENTS IN THE ESTABLISHMENT OF LOCAL REGULATIONS ON TAXES AND FEES THAT ARE RESPONSIVE IN CENTRAL MALUKU DISTRICT Dayanto, Dayanto; Ruslan, Achmad; Hasrul, Muh.; Hakim, Asma
Tadulako Law Review Vol 1, No 2 (2016)
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Abstract

The existence of Local Regulation of taxes and levies is often a problem, especially the cause of the economic climate, hight cost economy in the era of regional autonomy widespread today. Therefore, the Regional Representatives Council as one of the primary organs of the establishment of legislation demanded its role in presenting the Regulation on Taxes and Levies responsive. With the normative-legal research methods-empirical located in Central Maluku district, the study found that the normative role of Parliament as provided for in the provisions of legislation that allows for the formation of local legislation on taxes and levies which have not been effectively implemented responsive. Therefore, to ensure the establishment of local legislation on Taxes and Levies character responsive required their obedience to the law of Parliament to implement the role of normative in the formation of legislation, empowering the institutional capacity of Parliament as well as personal legislators in the formation of legislation, as well as the necessary revision of DPRD  Regulation Central Maluku District Number 01 of 2014 on the Standing Orders of parliament so as to ensure the accessibility of public participation in the formation of legislation.
BUILDING AN ANTICORRUPTION MORALITY AMONG CARETAKER OF THE ORETICAL LAW IN INDONESIA Sulaiman, Sulaiman
Tadulako Law Review Vol 2, No 1 (2017)
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Abstract

Corruption has been an acute crime. It spreads into various lines. Impact of the corrupt behaviors is very complex. Corruption is not only impacting economy and well-being of people but also mentality. Such condition must be repaired and morality bases of people should be strengthened. This article used viewpoint of law as reality. Law does not start from perspective of norms. Seeing the law in its perspective of reality, the writing was made inductively and analyzed qualitatively. As a part of caretakers of theoretical law, higher education has been most potentially able to raise and to ingrain anticorruption morality as well as to fight against corrupt behaviors. The greatest challenge is the corrupt behaviors have been committed by educated individuals. The corruptors knew that corrupt behavior is forbidden, but they are not able to avoid of doing it. With the logic, careless and powerless of a person to reject corrupt behavior is not caused by education level but anticorruption behavior.
CRIMINAL ACT OF THEFT IN PENAL CODE PRESPECTIVE AND ISLAMIC LAW Syafii, Ahmad
Tadulako Law Review Vol 2, No 2 (2017)
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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)
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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.
CONTROLLING THE IMPLEMENTATION PRUDENTIAL PRINCIPLES IN BANKING LANDING BY FINANCIAL SERVICES AUTHORITY Zaini, Zulfi Diane; Hakim, Lukmanul
Tadulako Law Review Vol 3, No 1 (2018)
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Abstract

Sources of collection of banking funds collected from the community are then distributed to the community in the form of credit. If the amount of funds disbursed by the bank to the community through credit are not refundable in accordance with the term has been agreed, the credit quality can be classified as non-performing loans or often referred to as Non Performing Loan (NPL). The impact of high NPL levels is disrupted by the liquidity of each banking institution.Research Objectives are: (1) To analyze the supervision of the application of prudential principles in the provision of bank credit conducted by the Financial Services Authority under the Act Number 21 of 2011 on the Financial Services Authority. (2) To analyze the inhibiting factors in supervising the application of prudential principles in the provision of bank credit by the Financial Services Authority. Furthermore, this research uses research method with normative juridical approach, that is by collecting secondary data that is literature materials, as a technique to get information through tracing legislation and other regulations in accordance with research problems and then the data is analyzed by qualitative juridical .The results of the research show that (1) Supervision of prudential principles in the provision of bank credit conducted by the Financial Services Authority under the  Act Number 21 of 2011 concerning Financial Services Authority shall be conducted by Compliance Based Supervision (CBS), that is Compliance Monitoring banks against provisions relating to the operation and management of banks in the past in order to ensure that the bank has been operating and managed properly and properly according to prudential principles. In addition, Risk Based Supervision (RBS) is implemented, ie supervision using risk-based strategies and methodologies that enable bank supervisors to detect significant risks early and take appropriate and timely monitoring actions. (2) Inhibiting factors in supervising the application of prudential principles in the provision of bank credit conducted by the Financial Services Authority is one of the most important that customers often in providing data to the Bank inaccurate and the existence of the prospective customer's delay in completing the file submission of credit.  Keywords:  Supervision, Financial Services Authority, Prudential Banking  Principles, Credit
PROBLEMATICS OF JINAYAT QANUN IMPLEMENTATION IN NANGGROE ACEH DARUSSALAM COMMUNITY Zainuddin, Zainuddin; Sahban, Sahban
Tadulako Law Review Vol 3, No 2 (2018)
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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)
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Abstract

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)
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Abstract

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)
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Abstract

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)
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Abstract

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.

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