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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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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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Abstract

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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Abstract

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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Abstract

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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Abstract

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.
AUTHORITY OF SUPERVISORY APPARATUS INTERNAL GOVERNMENT OR APIP IN DETERMINING STATE LOSSES DUE TO CORRUPTION IN LOCAL GOVERNMENT INSTITUTIONS Nurmayani, Nurmayani; Madinar, Madinar; Febbiazka, Karmila
Tadulako Law Review Vol 5, No 2 (2020)
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This time, there is often debate between two financial supervisory institutions, namely between APIP (Supervisory Apparatus Internal Government) and BPK (Financial Audit Institutions) relating to the existence of the same authority in these two supervisory institutions. This authority is related to the calculation of state losses as regulated in Decision of the Constitutional Court No. 31 / PUUX / 2012 related to testing Law No. 30 of 2002 concerning the Corruption Eradication Commission or the KPK against the Indonesia Constitution 1945 or UUD 1945. The decision states that the KPK can not only coordinate with the BPK and BPKP (Supervisory Financial and Development) in terms of proof of corruption but can also coordinate with other agencies, it can even prove itself apart from the findings of the BKP and BPKP. Based on this background, the problem in this research is how is the authority of APIP in calculating state losses due to corruption in Local Government agencies? The problem approach in this research is normative legal research, normatively is the approach by collecting and studying, documents, and applicable laws and regulations, which are related to the determination of state losses by APIP.The results of the research shows that based on Article 50 paragraph (1) of Government Regulation Number 60 Year 2008 concerning Government Internal Control Systems, APIP can conduct audits with specific objectives in order to calculate the state losses due to corruption. However, in calculating state losses, APIP must get a request from the legal apparatus first as stated in the cooperation agreement made by the Inspectorate and BPKP as APIP. Based on these rules, APIP only has a mandate from the legal apparatus so that the audit results of the APIP is informative and do not constitute a state administration decision. Therefore based on the Supreme Court Circular No. 4 of 2016 concerning the Imposition of the 2016 Supreme Court Chamber Room Plenary Meeting Results as a guideline for the implementation of duties for the court, APIP is only authorized to calculate state losses and can only determine state losses by BPK.
PROTECTION OF PRIVATE DATA CONSUMERS P2P LENDING AS PART OF E-COMMERCE BUSINESS IN INDONESIA Winarso, Teguh; Disemadi, Hari Sutra; Prananingtyas, Paramita
Tadulako Law Review Vol 5, No 2 (2020)
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The use of information technology in Indonesia has increased significantly and has affected the aspects of human life. One of them is the presence of e-commerce platform money lending rather than financial technology in the form of peer to peer lending (P2P Lending). P2P Lending is the practice or method of giving money to individuals or businesses and vice versa, applying for loans to lenders, which connects lenders with borrowers or investors online. However, the problem currently faced is the protection of P2P Lending consumers' data. Therefore, this normative legal research aims to find out and examine the protection of personal data of P2P Lending consumers as part of the e-commerce business in Indonesia. This research shows that the implementation of P2P Lending is regulated in POJK No. 77/POJK.01/2016 and PBI No.19/12/PBI/2017. These two rules were formed aiming to ensure the implementation of P2P Lending and be able to keep abreast of financial technology very quickly. Then the protection of P2P Lending consumer private data has been set in the ITE Law. The presence of the ITE Law aims to protect private data in P2P Lending activities as part of an e-commerce business. But the ITE Law does not yet contain specific data protection rules.
A COMPARATIVE STUDY ON THE RECOGNITION OF THE RELIGION IN THE INDIGENOUS PEOPLE COMMUNITY IN INDONESIA ACCORDING TO THE CONSTITUTIONAL COURT DECISIONS NUMBER 97/PUU-XIV/2016 AND 140/PUU-VII/2009 Sihombing, Uli Parulian; Safa'at, Muchammad Ali; Setya Negara, Tunggal Ashari; Widiarto, Aan Eko
Tadulako Law Review Vol 5, No 2 (2020)
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This article is intended to conduct a legal research on how the constitutional courts have interpreted the meaning of the religion in the constitution of Indonesia. The author has applied normative legal reseach method by compiling and analyzing the constititonal court decisions related to the issue of the religios in the indigenous community in Indonesia. Also, the author try to raise a statutory approach and legal reasonings in the constitutional court decision to analyse the legal issues. According to the result of this legal research, the author comes to the following conclussions; the constitutional court decisions has applied and used the historic interpretation method of a religion meaning in the constitution, but the constitutional courts have come to the different result of the religion meaning in the constitution. While the constitutional court decision number 140/PUU-VII/2009 excluded the meaning of the religion in the constitution, however, the constitutional court decision number 97/PUU-XIV/2016 embarced the meaning of the religion in the constitution.
BUSINESS ETHICS FORMULATION BASED ON LEGAL ASPECTS IN THE IMPLEMENTATION OF GCG (GOOD CORPORATE GOVERNANCE) Putri, Mitrida Iga Rahma; Turisno, Bambang Eko
Tadulako Law Review Vol 5, No 2 (2020)
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Corporate governance is defined as a subject that has many aspects. One of the main topics in corporate governance concerns issues of accountability and mandate responsibility, specifically the implementation of guidelines and mechanisms to ensure good behavior and protect the interests of shareholders. Weak corporate governance is often cited as one of the causes of financial crises in Asian countries. The main characteristic of weak corporate governance is selfish action on the part of company managers. The method used is a normative juridical method with the types and techniques of data collection with legal literature and literature review. This study aims to find out and get a picture of the concept of good corporate governance in business ethics and to know the formulation of business ethics based on legal aspects in the application of corporate governance in creating good corporate performance. Good corporate governance can be created if there is a balance of interests between all parties concerned with our business. Identifying the balance in its existence requires a measurement system that can absorb every strategic and operational dimension of the business.

Page 7 of 9 | Total Record : 86

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