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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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JURIDICAL ANALYSIS OF THE BANKRUPTCY EXECUTION DECISION UNDER INDONESIAN COMMERCIAL COURT Savitri, Ravina; Santoso, Budi
Tadulako Law Review Vol 6, No 1 (2021)
Publisher : Tadulako University

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Abstract

Bankruptcy is a civil law institution as the realization of the two main principles contained in Article 1131 and Article 1132 of the Civil Code. The effect of bankruptcy is only on the assets of the debtor, where the debtor is not under supervision. The debtor does not lose his ability to carry out legal actions unless the legal action involves the management and transfer of his existing property. Meanwhile, execution is the implementation of a Court Decision which has permanent legal (in kracht van gewijsde), after the debtor is declared bankrupt, the bankruptcy process will be carried out. The main purpose of conducting bankruptcy is to share the debtor's assets with its creditors and this must be done by the curator after there is a bankruptcy decision. This study uses a normative juridical approach, which means that this research is conducted by examining existing literature such as laws and regulations, related books, as well as dictionaries or encyclopedias. This approach is carried out with the intention that researchers get information from various aspects of the issue being tried to find answers. The Bankruptcy Law explains several factors regarding the need for bankruptcy regulations and postponement of debt payment obligations. The bankruptcy verdict greatly affects the execution. As a result of the declaration of bankruptcy, the entire determination of the debtor's assets obtained before being declared bankrupt must be terminated and since then no decision has been made. A bankrupt debtor may be subject to gijzeling action. This gijzeling institution is primarily shown if the bankrupt debtor is not cooperative in resolving bankruptcy as regulated in Articles 93-96 of the Bankruptcy Law. Legal remedies in bankruptcy proceedings did the abolition of appeal legal remedies is intended to cut the judicial pathway in the bankruptcy process to make it more effective
EMPLOYMENT OPPORTUNITIES FOR PERSONS WITH DISABILITIES IN INDONESIA: LEGAL STUDIES BASED ON THE SDGS PERSPECTIVE Ayunda, Rahmi
Tadulako Law Review Vol 6, No 1 (2021)
Publisher : Tadulako University

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Abstract

Persons with disabilities are humans who have certain physical or non-physical limitations that make them unable to do activities like humans in general. As part of Indonesian citizens, persons with disabilities have the same rights. These rights include life rights, education rights, health rights, household rights, political rights, development rights, and the right to get a job. Indonesia is responsible for the welfare of all its people including people with disabilities. This has been explicitly stated in the preamble to the 1945 Constitution of the Republic of Indonesia. However, the problem is that there are still people with disabilities who do not get their rights, especially the right to work. This research is important to do because it wants to examine the problem of employment opportunities for people with disabilities based on the perspective of the Sustainable Development Goals or SDGs. Generally, SDGs are intended to achieve social justice from generation to generation, including for people with disabilities. The 8th goal of the SDGs states explicitly that the state must be able to create decent jobs for all people without exception, including the provision of jobs for people with disabilities.
THE RISE OF CHILD MARRIAGE IN PALU CITY Susilawati, Susi; Ridwan, Ashar; Maddusila, Sitti Fatimah
Tadulako Law Review Vol 6, No 1 (2021)
Publisher : Tadulako University

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Abstract

Act Number 16 Year 2019 on Marriage stipulates that the minimum age for marriage for a person is 19 years for both men and women. Whereas the previous Act stipulated the age limit of marriage, 19 years for men and 16 years for women. This is considered very burdensome for some religious people who obey traditions and laws as well as other factors. Thus, child marriage in the period before the Marriage Act Amendment was already quite high and it is even higher afterward. This writing aims to determine and analyze how many applications for marriage dispensation after the Amendment of the Marriage Act at the Religious Court of Palu City, using empirical research methods. The results showed that there was a significant increase in applications for marriage dispensation in the Religious Court of Palu City after the amendment.
THE IMPLEMENTATION OF PRESIDENT AND VICE PRESIDENT ELECTION IN PEOPLE’S CONSULTATIVE ASSEMBLY (MPR) (A CONSTITUTIONAL LAW STUDY) Bruaharja, Isman; Primayanti, Andi Dewi
Tadulako Law Review Vol 6, No 1 (2021)
Publisher : Tadulako University

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Abstract

The People’s consultative Assembly is the highest state institution that has undergone a change in the constitutional structure after the amandements to the 1945 Constitution, changes to the MPR are very clearly seen in the first to the fourth amandements to the 1945 Constitution. Before the amandement to the 1945 Constitusion , The MPR  as the highest state institusion was given unlimited powers,and MPR is the one that has the authority to enact the 1945 Constitution,GBHN,Appoint the president and vice president in a accordance with the provisions of article 3 paragraph 1 of the 1945 Constitution before the amandement the MPR stipulates the constitution and the GBHN. The existence of the MPR at this time is indeed a high state institution The MPR stikk existence has no position as no longer as the highest state institution and the big question is whether its existence is the absolute holder of the people’s sovereignty
LEGAL REVIEW CONTRACT WORKERS RIGHTS (OUTSOURCING) IN ACHIEVING SUSTAINABLE DEVELOPMENT GOALS (SDGs) Suhartono, Tonny; Setiyono, Joko
Tadulako Law Review Vol 6, No 1 (2021)
Publisher : Tadulako University

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Abstract

Labor problems will be very complex in line with the era of globalization and the rapid development of all fields, especially in the industrial sector, especially considering the high number of workers in Indonesia today. Another factor that is the source of labor problems is the unfulfilled interests of workers' rights. Therefore, efforts are needed to improve the rights of contract workers and promote a healthy and safe work environment. This study aims to examine the rights of contract workers based on existing laws in Indonesia. Also, this research will examine the contextualization of the Sustainable Development Goals (SDGs) as an effort to improve the rights of contract workers. This research uses normative legal research. The approach used is a statutory approach and a conceptual approach. The data used are secondary data which were analyzed using descriptive-qualitative analysis techniques. The results of this study indicate that the development approach in the economic sector in sustainable development focuses on increasing workers' skills so that they can increase competitiveness in obtaining decent work. This of course can be achieved by fulfilling workers' rights. Indonesia needs to demonstrate its commitment to the implementation of the SDGs, particularly Goal 8 on decent work and economic growth. Indonesia is one of the countries that approved the formation of SDGs, therefore the responsibility for achieving the SDGs is also the responsibility of Indonesia, from the central government to regional governments.
EFFORTS TO CONTROL THE CENTER FOR DRUG AND FOOD CONTROL AGAINST CRIME OF ILLEGAL COSMETICS CIRCULATION IN MAKASSAR CITY Rusni Rauf, Risma Nur Hijriah; Sampurno, Slamet; Azisa, Nur
Tadulako Law Review Vol 6, No 1 (2021)
Publisher : Tadulako University

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Abstract

This study aims to analyze the efforts to tackle the National Center for Drug and Food Control against the crime of illegal cosmetic distribution and to analyze the obstacles faced by the Center for Drug and Food Control in dealing with the crime of illegal cosmetic distribution. This study uses a normative empirical research type using the statutory approach. law and case approach Efforts to tackle the Food and Drug Supervisory Center against the distribution of illegal cosmetics use 2 measures or measures to protect the community, namely: preventive measures; BBPOM Makassar uses the method of conducting routine surveillance every week randomly based on risk analysis and conducting special examinations with the Police. Supervision is carried out before circulation and after the circulation of cosmetic products on the market, socialization in the form of Communication, Information and Education as well as dissemination of information to provide protection to the public in order to develop insight and awareness in buying and consuming good cosmetics, as well as conducting cyber patrols on social media so that BBPOM Makassar is easier to find out the existence of cosmetic sales. The obstacles faced by the Central for Drug and Food Control in dealing with the distribution of illegal cosmetics, namely using 5 factors; legal factors, the Health Law does not say that the minimum sentence given / imposed on the perpetrator of the illegal distribution of cosmetics is law enforcement factors, in terms of the authority of the Makassar BBPOM PPNS is still lacking due to the absence of forced efforts, the coordination of PPNS BBPOM Makassar with agencies is not optimal. other and there is still a lack of civil servants and staff in the field of supervision considering that the BBPOM Makassar work area is very large, the facilities and facilities factor; inadequate for the purposes of investigation and supervision which require huge costs, community factors; the lack of public awareness and insight in buying and consuming good cosmetics, cultural factors; due to technological sophistication and economic progress that has led to crime.

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