Small Medium Entreprises (SMEs) and Cooperative have not received a proper law protection in facing trade liberation of ASEAN Economic Community (AEC) and economic globalized world. In 2015 AEC has been established that would bring a huge change in Southeast Asia regionS and definitely will have a wide impact to business people in Indonesia. SMEs and Cooperative contribute to more than 90 percent of total Indonesian national economy. However, they are weak on investment and information technology and management skill as well as competition law among ASEAN Member States. Economic policies do not give a sufficient protection to SMEs and Cooperative. This article tries to seek solutions for SMEs problems especially their legal structure in order to enhance their competitiveness. This article argues that the government can provide legal protection by reforming SMEs economic sectors similar to the AEC's priority sectors by which the Indonesian' SMEs would become world class corporate.
Selain memiliki dimensi sosial ekonomi, konflik agraria di Bongkoran, Kabupaten Banyuwangi, Provinsi Jawa Timur, Indonesia, juga memiliki dimensi hukum. Terdapat dualisme hukum yang konfliktual dalam hal penguasaan tanah dan klaim penggunaan. Satu pihak, pemerintah, dan korporasi mengandalkan hukum negara yang legalistik-positivistik, sedangkan masyarakat lokal mengandalkan hukum rakyat yaitu hukum informal yang sudah ada, hidup, dan berkembang dalam masyarakat komunal secara turun-temurun. Penelitian ini berfokus pada bagaimana perspektif sosiologis hukum menganalisis konflik hukum yang terjadi dalam konflik agraria Bongkoran, khususnya antara hukum negara dan hukum rakyat. Penelitian ini menggunakan metode kualitatif dengan perspektif sosiologi hukum. Subjek penelitian adalah petani/masyarakat Bongkoran, Penasehat Hukum Masyarakat, Pemerintah (Pemerintah Daerah, Badan Pertanahan Nasional, dan Kepolisian), dan unsur korporasi (PT Wongsorejo). Informan dipilih dengan menggunakan teknik purposive sampling, berdasarkan pertimbangan tertentu yang dapat dikenali terlebih dahulu yaitu mengenali dan memahami masalah yang diteliti. Pengumpulan data dilakukan melalui observasi, wawancara mendalam, dan dokumentasi. Data yang terkumpul dianalisis secara kualitatif dengan mengacu pada perspektif yang telah disajikan. Hasil penelitian menunjukkan bahwa penyelesaian konflik agraria di Bongkoran memerlukan implementasi hukum yang lebih berkeadilan bagi masyarakat lokal. Implementasi hukum tidak hanya berdasarkan pasal-pasal yang rigid dalam undang-undang, tetapi perlu memperhatikan konteks sosial budaya dan historis dari masyarakat. Dominasi hukum negara atas hukum rakyat dalam konflik agraria mengakibatkan praktik penundukan hukum negara ke hukum rakyat, baik secara persuasif maupun represif. Oleh karena itu, untuk meminimalisir ketegangan dan konflik antara hukum negara dan hukum rakyat dalam konflik agraria, diperlukan pemahaman baru tentang hubungan kedua hukum tersebut. Keberadaan dan penegakan hukum rakyat dijadikan sebagai elemen yang saling melengkapi dalam aspek normatif yang belum diatur dalam hukum negara. ; Apart from having a socio-economic dimension, agrarian conflicts in Bongkoran, Banyuwangi Regency, East Java Province, Indonesia, also have a legal dimension. There is a dualism of law that is conflictual in terms of land tenure and use claims. One party, the government, and corporations rely on legalistic-positivistic state laws, while local people rely on folk law, namely informal laws that have existed, lived, and developed in communal society for generations. This research focuses on how the sociological perspective of law analyzes the legal conflicts that occur in Bongkoran agrarian conflict, particularly between state law and folk law. This research used a qualitative method with a legal sociology perspective. The research subjects were farmers/people of Bongkoran, Community Legal Advisors (CLA), Government (Local Government, National Land Agency, and Police), and corporate elements (PT Wongsorejo). Informants were selected using a purposive sampling technique, based on certain considerations that can be recognized beforehand, namely recognizing and understanding the problem under this research. Data collection was conducted through observation, in-depth interviews, and documentation. The collected data were analyzed qualitatively by referring to the perspectives that have been presented. The results indicated that the resolution of agrarian conflicts in Bongkoran requires the implementation of laws that are more just for local communities. The implementation of the laws is not only based on rigid articles in the law, but it needs attention to the socio-cultural and historical context of the community. The dominance of state law over folk law in agrarian conflicts results in the practice of subjugation of state law to folk law, both persuasively and repressively. Therefore, to minimize the tension and conflict between state law and folk law in agrarian conflicts, it is necessary to have a new understanding of the relationship between the two laws. The existence and enforcement of folk law are used as a complementary element in normative aspects that have not been regulated in state law.
Currently there are no indicators that can measure the effectiveness of the role of ASEAN in Southeast Asia, especially those related to human security issues in the safety of labor and migrants' mobilization. However, ASEAN still working through any possibilities of cooperation to prevent any threats that would endanger the personal securities of ASEAN community. This paper will further analyze the human security issues in Southeast Asia starting with conceptualizing, identifying, and engaging to find how is the effectivity of ASEAN in charge of prevent human security issues from sociology of law perspective with normative-juridical methodology combined with perspective of international relation approach. Based on the findings in conceptual and data, this research will show the problems that have been handled and have not been done by ASEAN institutionally. In addition to showing the relevance of the establishment of ASEAN Political-Security Community (APSC) 2015 as an affirmation for all ASEAN member countries to respond to institutional human security issues especially in the mobilization of labor and migrants.
The declining attention of young voters on several aspects makes political education very vital for the sustainability of democracy in Indonesia. Political education for students who are young voters in this case are students of the Constitutional Law is considered important to increase their participation at the tertiary level, namely the election of DEMA (Student Executive Council) IAIN Madura. This study used an approach to students of the Constitutional Law study program, Islamic State Faculty of IAIN Madura through observation and interviews as well as data collection supported by document studies through several relevant kinds of literature so that data triangulation was then carried out to produce valid data. The results showed that in the aspect of students' initial knowledge about elections from several informants of the Constitutional Law study program students obtained data that they already had a good understanding of. Then on the aspect of student perspectives on campus politics, some of them do not know information about the election of the chairman of the DEMA (Student Executive Council) due to several reasons behind it. So then to increase student political participation in the election of the chairman of DEMA the author formulated three political stimuli, namely through learning political science courses, through campus organizations, and mass media.
The Constitution and the implementing regulations of the Constitution in the folosifis Indonesiai emphasis on equality and justice between men and women (equality and equity) through the development of the law with a cored Legal policy making and reform of the legal materials to suit your needs. But the normative contraction occurs when the Affirmative Policy in order to speed up justice and equality between men and women laiki has been canceled by the Constitutional Court's decision to cancel the fifth paragraph of Article 205 of Law No. 10 In 2008 the elected legislators decide the candidate by a majority vote. This clearly constitutes a waiver of gender inequality in the political sphere.
Legal findings by judges in interpreting the meaning of the text of the Act can function to realize and provide protection for the community of justice seekers, National legislation and its conclusions in the form of court decisions are reported to be open to various studies and deconstructive criticism that carried out through various social movements that care about the law, so that national law can function as one of the forces to mobilize the lives of new Indonesian people who are able to act responsively for the public interest. From this definition the obligation of the Judge to uphold justice comes from its authority, namely the Judicial Discretion policy. In the event that the judge grants Maternity compensation to the Law Breaking Lawsuits, insofar as it has fulfilled the Elements of Article 1365 of the Civil Code, which brings the legal consequences the judge can grant Immaterial compensation based on found
Abstract Corruption is a criminal act that breaks and against the state law and the religion law. Due tothe fact that this corruption is not only prohibited by the greatest one God but the effectivelegislation rule as well. Furthermore, the corruption can bring about a loss to all side. Forinstance; being able to make a misery society and country, locking the country economygrowth rapidity, putting in disorder country, being able to bring about a bad image for thecountry on the international people's view, in addition to, being able to cut down the countrythrust level on the international worl eithin doing cooperation, mainly in economy sector. Evenfor further more, the corruption make afraid of all foreigner investors to invest their stock orshare in Indonesia.On the other hand, the corruption can also induce the blocked project being carried out inourselves country as well as can hamper routine's job of the country. Thus the corruption actcan become the cause of the stopped country advance or progress. As a final point, thosecorruptors' re properly given a punishment dealing with their deed. Even a great deal ofsociety group wish those corruptors to be killed out or be given as a death sentence or in otherwords, at least is to be imposed as heavy as punishment in order to making them discourageto redo their deed. As a matter of the fact, this is only an example for other people who want todo what was done by the perpetrators before. In the long run, the corruption level can bedecreased in this our motherland's country.Keywords: the corrupt criminal act constitution, constituonal law, the effectivelegislation rule, Islamic law, Al-Qur'an & Al-Hadist.
This paper deals with the existence of customary courts in Aceh in the national judicial system. From formal-juridical perspective, the existence of customary courts is not clearly stated; however, the practices of community have indicated that most of civil disputes and criminal offenses were resolved by the customary courts in Aceh. The question relates to such issues as administration of Aceh customary courts, duties of functionaries in this customary courts, and its existence within the national judicial system. This paper shows that, although the local government of Aceh does not legally include customary court as one of the state official justices, this kind of court has been sociologically recognized in resolving disputes that occur in the society. Furthermore, the local government of Aceh has codified it in the form of qānūn (legal code). ; This paper deals with the existence of customary courts in Aceh in the national judicial system. From formal-juridical perspective, the existence of customary courts is not clearly stated; however, the practices of community have indicated that most of civil disputes and criminal offenses were resolved by the customary courts in Aceh. The question relates to such issues as administration of Aceh customary courts, duties of functionaries in this customary courts, and its existence within the national judicial system. This paper shows that, although the local government of Aceh does not legally include customary court as one of the state official justices, this kind of court has been sociologically recognized in resolving disputes that occur in the society. Furthermore, the local government of Aceh has codified it in the form of qānūn (legal code).
Undang-Undang No. l Tahun 1974 In people's lives there is still a frequent way of marriage which is a violation of Law , especially article 2 paragraph 2, namely: "Each marriage is recorded according to the applicable laws and regulations". The definition of violation in the law, known as siri marriage. In this case the law must be understood as a set of rules governing, controlling society. Law in this sense is not part of the community system, but control of the community system. Law in this sense is not part of the community system, but control of the community system. According to Gustav Radbruch law must contain three basic values, namely: 1. Value of justice (philosophical aspect). The validity of the law is justified on the basis of human philosophical beliefs. 2. Value of certainty (juridical aspect). The law is enforced because it is determined by the state (gemeenschap), namely by the government and the people's representative council. 3. Value of benefits (sociological aspects). The validity of the law is due to social reality (society as a whole). In a sociological and philosophical view, siri marriage is relatively acceptable to the community, but judicially cannot be justified because it will have an impact on the low legal awareness of the community. Marriage recording does not determine the validity of a marriage, but only states that the marriage event actually happened, so it is merely administrative. Thus, the marriage is legitimate because it is carried out in accordance with religious law but has a weakness, namely the absence of a recording as referred to in article 2 paragraph 2 of Undang-Undang No. l Tahun 1974 . In reality the registration of marriages brought more good than bad in living in a society, so carrying out the registration of the marriage would be in line and not in conflict with religious norms
The problem that often arises today is the impartiality of the local governmentagainst traders in traditional markets that often lead to the implementation of localregulations that marginalize traders and traditional market participants. This alsohappens to traders in Kobong Market who are experiencing displacement by goingthrough a process that violates the procedure.The purpose of this study is to know, review and analyze the understanding ofSemarang municipal government related to the revitalization of fresh fish tradersRejomulyo Market for the sake of justice and welfare and the foundation of tradersdid not approve the transfer of traditional markets by the City GovernmentSemarang.Approach method in this research using socio-legal approach. Specification in thisresearch is qualitative naturalistic. The data used are primary and secondary data.Based on research results, Semarang City Government is less considering theinterests of the community, and consumers who need the supply of fish fromRejomulyo Market. The cornerstone of the traders did not approve the transfer oftraditional markets by Semarang City Government is the absence of clarity about theexact size of the stalls that will be accepted and the new market conditions areconsidered not feasible, and the violation of Article 35 paragraph 1 of the City ofSemarang Regulation no. 9 of 2013 on Traditional Market Arrangement and Article73 paragraph 1 of Regional Regulation of Semarang City No. 7 of 2010 on GreenOpen Space Arrangement.
This study aims to explain the political party authority in withdrawing support for the regional head candidate in elections, as well as providing an understanding of sanctions that targeted political parties who withdrawn or revoked their political stance by applicable regulations. This study using a legal perspective on the authority of political parties in withdrawing support and Authority Theory, Democracy Theory, Rule of Law Theory, Decision Making Theory, and Sanction Theory as supported theories. The formulation of all arguments, facts, and theoretical frameworks in this study uses empirical normative legal research methods. Data obtained and collected through books, journals, theses, and recent dissertations, interviews, and articles related to the problem. The research method in this study combines elements of normative and empirical law and data. This research is qualitative research used in library observation. This research concludes that the authority of political parties regarding the withdrawal of support for a prospective regional head candidate pair explained in three stages or processes, including the first stage is before registering candidates to the KPU, the second stage is the stage after registering with KPU, and last is the stage after the determination of a prospective pair of candidates by the KPU. Among the existing stages, there is a full space for political parties to participate and room for the KPU to organize regional head elections. So concerning the withdrawal of support, political parties are not allowed arbitrarily to withdraw or vice versa regarding their support for prospective pairs of candidates. Referring to the applicable regulations, the forms of sanctions that can be given to political parties that withdraw or revoke a candidate pair are criminal sanctions and administrative sanctions. Where administrative sanctions are considered to be less firm against political parties, in contrast to criminal sanctions (ultimum remedium) or as a last resort that is much firmer but ...
Abstract Arthasastra book first examines community by explaining the purpose trayi, anvikshiki, Varta, and danda within the framework of human existence. Then went on to explain warnasrama dharma as the foundation of social order and the general obligations that apply to everyone. As a statesman, Kautilya pay great attention to work and power. Arthasastra reflected elements of democracy, as described in the conception of democracy among other kingdoms or states recognize diversity; folk in the free association or organization; cooperation are independent and harmonious; seek justice; contained the separation and division of powers; powers acquired under the law; election of state officials based on moral qualities and skills; government policy implemented by law; carried out in a planned leadership succession; no freedom of individuals to develop their talents and interests; ensure the protection of the rights and welfare; magnitude of taxes and trading profits stipulated by the agreement, and dispute resolution institutionalized by prioritizing peace. Key Word: Democracy, Arthasastra, politics and the state.
