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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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IMPLEMENTATION OF THE AGRICULTURAL LAND TRANSFER FUNCTION FOR HOUSING IN SIGI Rachman, Rahmia; Datupalinge, Suarlan; Ardiansyah, Erlan
Tadulako Law Review Vol 5, No 2 (2020)
Publisher : Tadulako University

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Abstract

Sigi is a region which has an area of 5.196 , with a population of 229.474 inhabitants. Sigi location of the region is not too far to the capital of Central Sulawesi province, the city of Palu, from year to year growth of people needing somewhere to stay home. Housing developments in Sigi is growing as well. The impact, the development of residential areas in Sigi reduces existing agricultural lands. With the limited land in this area tends to be increased conversion resulting from agricultural land to non-agricultural rapidly and progressively. Agricultural land have been converted to other uses outside the agricultural sector will be very little chance to turn back to agriculture.The problems examined in this study aims to determinehow the implementation of the conversion of agricultural land into housing in Sigi.The results of this study indicate that agricultural land conversion to non agriculture has frequently occurred in the village of Pombewe, Sigi. Some agricultural land in the village Pombewe much in alihfungsikan into housing, but land is not included in the sustainable food agricultural land, due to be sustainable food agricultural land as well as the requirements and criteria to be set by the Regent.
THE PRINCIPLE OF THE MAXIMUM AVAILABLE RESOURCES (MAR) OBLIGATION IN REGIONAL FINANCE IN INDONESIA Ansar, Ansar; Razak, Abdul
Tadulako Law Review Vol 5, No 2 (2020)
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Abstract

One of the major resources in the regions is financial resources sourced from the Regional Revenue and Expenditure Budget (APBD). In its management, it creates uncertainty about the fulfillment of human rights in regional financial management. This is because one of them is the regional financial regulation which causes the budget allocation for the issue of Economic, Social and Cultural Rights to be very inadequate. Therefore, this paper proposes that the government applies the Principle of Maximum of Available Resources (MAR) in the management of regional finances, especially in the budget for fulfillment of economic, social and cultural rights. In this research, the author uses a normative legal methodology by examining several regional financial law products (regional regulations on regional revenue and expenditure budgets) by utilizing two approaches, namely the statutory approach and the conceptual approach. In this research, the author limits it only to the right to social and cultural affairs in particular, the right to education, the right to health, the right to food, the right to housing. To discuss this matter, the authors chose 4 areas as research objects, namely Province of Kepulauan Bangka Belitung, Province of South Kalimantan, Malang City, Denpasar City and Palu City.
INDONESIAN CHILDREN PROTECTION POLICY AS A PREVENTION OF SEXUAL EXPLOITATION THROUGH SOCIAL MEDIA Ikhsan, Ikhsan; Pujiyono, Pujiyono
Tadulako Law Review Vol 5, No 2 (2020)
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Abstract

Besides offering various facilities and economic benefits, globalization also has many negative impacts. Commercial sexual exploitation of children is one of the negative impacts caused by the current of globalization. Sexual exploitation of children is currently experiencing developments influenced by globalization, one of which is the sexual exploitation of children through online media or social media. In some cases in Indonesia, sexual exploitation of children through social media is usually done through live broadcasts called by the term “vidsex (video sex)” or “vidcallsex (video call sex)” which is interpreted as a live video call for sexual scenes. Therefore this normative study wants to examine the Indonesian government’s policy efforts as a preventive effort in tackling the sexual exploitation of children through social media. The results of this study indicate that the regulation as a preventive measure for the protection of children against sexual exploitation of children through social media has generally been regulated in legislation such as the Child Protection Law and the Information and Electronic Transaction Law.
THE STATUS OF ADOPTED CHILDREN IN INHERITANCE ACCORDING TO THE CUSTOMARY LAW OF KAILI TRIBE IN CENTRAL SULAWESI Aifan, Aifan; Dewi, Marini Citra
Tadulako Law Review Vol 5, No 2 (2020)
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Abstract

One of the goals of marriage is to achieve happiness and continue offspring. As stated in the provisions of Article 1 of Law Number 1 of 1974, that the purpose of marriage is to form a happy family and to have a close relationship with offspring. But in reality, it is not uncommon in a marriage or a family not to get offspring for various reasons, therefore it is done by taking over someone else's child which is then put into a family member as a substitute for children that cannot be obtained naturally. In this research, the juridical empirical approach method is used, while the research specification is descriptive analysis with data obtained through literature and field results. The position of adopted children as heirs of their adoptive parents and the distribution of inheritance to adopted children based on the Kaili customary law in Central Sulawesi are very important. Adopted children are often in a difficult position. Adoptive parents are always careful in the implementation of the distribution of inheritance to adopted children, the goal is to avoid inheritance disputes between their heirs, but must always adhere to the customary law adopted in the community. As for the problems that the author raises regarding 1, How is the inheritance system for adopted children in customary law? 2, What is the position of adopted children in inheriting the inheritance according to the Kaili customary law in Central Sulawesi? Although the position of adopted children is the same as that of biological children as family members of adoptive parents, in certain cases, for example, in obtaining the assets of their adoptive parents according to customary inheritance law in each region in Indonesia is not the same.
LAW ENFORCEMENT IN ILLEGAL LEVIES BY PUBLIC OFFICIALS ASSOCIATED WITH THE THEORY OF COST AND BENEFIT ANALYSIS Pratiwi, Miranti Putri
Tadulako Law Review Vol 5, No 2 (2020)
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Abstract

Public officials who carry out illegal levies are threatened with article 12e of Act 31 of 1999 as amended with Act 20 of 2001 concerning Amendments to Act 31 of 1999 concerning Eradication of Corruption. In practice, illegal levies are often carried out in relatively small amounts and are massive. Law enforcement of illegal levies performed by public officials is carried out with the establishment of the Saber Pungli Task Force based on Presidential Regulation (Perpres) 87 of 2016 concerning the Clean-Sweep Illegal Levies Task Force and it will be associated with the theory of Cost and Benefit Analysis. This research uses the normative legal research method by specializing in the approach by using national legal rules to find out law enforcement in cases of illegal levies performed by public officials. The results of this study indicate that law enforcement against illegal levies performed by public officials through the establishment of the Saber Pungli Task Force Team is in line and related to the application of the theory of Cost and Benefit Analysis that compares costs incurred by law enforcement with the benefits obtained through the calculation of losses carried out by illegal levies.
THE IMPLEMENTATION OF THE FUNCTIONS OF SPECIAL DEVELOPMENT INSTITUTIONS FOR CHILDREN IN THE PROTECTION OF HUMAN RIGHTS FOR CHILDREN Sari, Andi Rima Febrina; Razak, Abdul; Muchtar, Syamsuddin
Tadulako Law Review Vol 5, No 2 (2020)
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Abstract

Criminal or criminal conduct is carried out in a Penitentiary through guidance and guidance given to those who have broken the law. This fostering policy with the Penitentiary System reflects that the State of Indonesia is a country that upholds Human Rights. The aim of this research is to find out the forms of fulfillment of human rights for children who commit crimes in the Special Guidance Institution of Children and the prospects for the implementation of the functions of the Special Guidance Institution of Children in protecting human rights for children. This research is empirical normative legal research. Based on normative jurisprudence and seeing the facts directly in the field relating to the form of coaching conducted in Special Child Development Institute Class II Parepare. The results of the study showed that basically the forms of education, skills training, and personality development that have been carried out in Special Child Development Institute Class II Parepare but are considered not yet optimal in fulfilling human rights for children and have not proceeded properly. The protection of human rights for children where in order to be able to realize the concept of child development in the Special Child Development Institute in accordance with the fulfillment of human rights for children needs to change the mindset or mindset of the goal of child punishment, shifting thinking from punishment to punishment coaching for children, besides the need for cooperation that can not be separated from coordination between institutions, both the Ministry of Law and Human Rights, the Ministry of Social Affairs, the Ministry of Education, the Ministry of Women's and Child Empowerment, the Indonesian Child Protection Commission, Non-Governmental Organizations, Foundations and Institutions other institutions involved in implementing child development in accordance with Law Number 11 of 2012 concerning the Juvenile Criminal System.
THE EXISTENCY INTERNATIONAL LAW ACCORDING TO BRIAN Z.TAMANAHA THOUGHT "A REALISTIC THEORY of LAW" Puspita, Lona
Tadulako Law Review Vol 6, No 1 (2021)
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Abstract

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.
CHILDREN PROTECTION AGAINST SEXUAL EXPLOITATION THROUGH SIRI MARRIAGE: AN INDONESIAN EXPERIENCE Fitri, Winda
Tadulako Law Review Vol 6, No 1 (2021)
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Abstract

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.
BUSINESS ACTIVITIES OF BANK WAKAF MIKRO: CRIMINAL LAW POLICY IN THE IMPLEMENTATION OF MICROFINANCE INSTITUTIONS IN INDONESIA Aminullah, Bayu Ardian; Jaya, Nyoman Serikat Putra
Tadulako Law Review Vol 6, No 1 (2021)
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Abstract

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.
THE EFFECT OF LABELING ON EX-CONVICT IN THE SCOPE OF THE WORLD OF WORK IN COMPANIES IN SOUTH SULAWESI MPB, A. Srikandi; Muin, Audyna Mayasari; Indrawati, Dara
Tadulako Law Review Vol 6, No 1 (2021)
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Abstract

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. 

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