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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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INVESTOR LEGAL PROTECTION IN THE INDONESIAN INDUSTRIAL 4.0 Wahyudi, Wahyudi
Tadulako Law Review Vol 4, No 2 (2019)
Publisher : Tadulako University

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Abstract

Industry 4.0 its a combination of automation technology and cyber technology that is inevitable especially for the advancement of industry in Indonesia. The hospitality of foreign investment is very necessary for investors to invest in Indonesia, especially the existence of legal protection for security of investments in the framework of industrial development 4.0. The form of legal protection provided by the Government of Indonesia is with various kinds of regulations that support foreign investment, one of which is Constitution Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution, Constitution Number 25 of 2007 concerning Investment and Comunication Ministerial Regulations No 20 of 2016 concerning Protection of Personal Data and the existence of a Personal Data Protection legislation.
ARRANGEMENT OF REGIONAL REGULATION CONTENT MATERIAL AS THE NATIONAL LEGAL SUB-SYSTEM M. Isa, Jalaluddin
Tadulako Law Review Vol 4, No 2 (2019)
Publisher : Tadulako University

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Abstract

Arrangement of the content material of regional regulation as part of the legislations sub-system adjustment in Indonesia must be directed in tone with the direction of national law development. In accordance with the National Long-Term Development Plan (RPJPN, 2005-2025), the development of national law is directed at the realization of a solid national legal system based on the Pancasila and the 1945 Constitution of the Republic of Indonesia which includes the development of legal material, legal structures, legal culture legal apparatus, legal facilities and infrastructure that can guarantee order, legal certainty, justice, truth and protection of human rights.The discussion in this article aims to raise a number of important relevant issues to be used as material for evaluation in structuring the content of the regional regulations as a sub-system of national law.The research method used in this study is legal research using a legislative approach and a conceptual approach.It is concluded that the regulation of the content material of the regional regulation as a sub-system of national law is not only placed in the legal sense as a mere system of order, thus creating a relationship of tension between the central government and the regional government, it but must be placed in a legal sense as a fluid relationship so that the determination of the content of the regional regulation is also fluid, for the good of the community and the government as a whole.
THE PAROLE AND PURPOSES OF SENTENCING Balqis, Wizna Gania
Tadulako Law Review Vol 4, No 2 (2019)
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Abstract

The policy of determination of parole has strong relevance to the correctional idea as correctional idea is one model of purposes of sentencing that was initiated in order to achieve the goal of modern criminal punishment, which is to improve the convict (resocialization). Parole, in addition to a way of implementing imprisonment, as well as a form of coaching outside of prison inmates, who have the same purposes with the correctional idea philosophy. As a form of coaching outside of prison inmates, parole can be viewed as a subsystem of correctional system, and it will positively contribute to the achievement of correctional goals, which is to educate and guide inmates in order to return to live as responsible citizens as well as for themself, family and society.
PROTECTION OF TEACHER PROFESSION ENCOUNTERED WITH THE RULE OF CRIMINAL LAW ON CHILD PROTECTION Yanto, Oksidelfa; Iqbal, Muhamad
Tadulako Law Review Vol 4, No 2 (2019)
Publisher : Tadulako University

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Abstract

The purpose of this research is in order to know the legal protection to the profession of teacher who perform disciplinary punishment of learners during the teaching and learning process. In addition, this is also to know the legal protection against learners from acts of violence that occurred in the educational environment. The method applied is a normative legal research method that focuses on legal norms and some research results relevant to the existing problems. The result of research showed in the disciplinary effort for the students there is a pattern of relationship between teachers with learners. The relationship is sometimes confronted with child protection regulations that confront the teacher on existing legal processes, although the teaching profession in carrying out its educational activities is protected by law. The conclusion of this research is the enforcement of discipline by teachers to learners often does not mean anything when encountered with other regulations, namely law of child protection. It certainly raises concerns for educator professions in their efforts to enforce disciplinary rules when encountered with the context of learners who cannot be directed by way of advice. 
HIGH CONSERVATION VALUE (HCV) CONSIDERATION IN THE EXTRICATION OF FOREST AREA FOR PALM PLANTATION Muhdar, Muhamad; Retno S., Haris; Sopialena, Sopialena
Tadulako Law Review Vol 4, No 2 (2019)
Publisher : Tadulako University

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Abstract

Planting activities are undergoing in the area of former forest with mechanism of extrication of forest area or non-forest area that commonly has high conservation value or known as High Conservation Value (HCV). However, the extrication of forest area for Palm Plantation has eroded the presence of forest with HCV disrupting ecosystem balance and harming the wellbeing of current and next generations. Legal system does not specifically regulate the limit of application for the use of forest area for palm plantation through the mechanism of forest extrication. Legal provisions at the national and regional levels encounter a difficulty accommodating the existence of area with HCV, especially in terms of regional spatial plans. Moreover, the obscurity of forest distribution and non-forestry areas with HCV also complicates the regulation at the level of imperative provisions.
REALIZING THE LEGAL CERTAINTY OF CALCULATING FINES BUSINESS COMPETITION LAW Disemadi, Hari Sutra; Roisah, Kholis; Prananingtyas, Paramita
Tadulako Law Review Vol 4, No 2 (2019)
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Abstract

The Business Competition Supervisory Commission (KPPU) by the Business Competition Law (Law Number 5 Year 1999) has been given the authority to impose sanctions in the form of administrative measures, namely the imposition of administrative fines. The amount is very clearly regulated in the Business Competition Law, which is the lower limit and the upper limit. In fact, prior to the implementation of guidelines for calculating fines, many KPPU’s decisions deviated from the amount of sanctions that have been regulated in the Business Competition Law. Therefore, that will raise questions about the quality of the KPPU’s decision. Even worse, if the public or business actors no longer trust KPPU, because KPPU acts unfairly against other business actors. Not fair, by looking at the disparity in determining the amount of fines imposed. To minimize the foregoing, the issuance of guidelines for calculating fines is expected to overcome the disparity problem in imposing fines on the Reported Party. The issuance of this guideline does not in fact intend to limit the space and independence of the KPPU but will instead assist the KPPU’s tasks.
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)
Publisher : Tadulako University

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Abstract

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)
Publisher : Tadulako University

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Abstract

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)
Publisher : Tadulako University

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Abstract

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.

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