Suchergebnisse

The main objective of WTO Law is to accommodate individual's right in order to obtain better benefit of international trade. However, when a government violates WTO Law, it is therefore causing deprivation of individual right itself. Direct effect seems to be a feasible doctrine to provide a judicial protection for individual, in order to rebalance the right that is violated. Nevertheless, this doctrine is intractable to imply. This article discuss the polemic of giving direct effect of WTO Law and DSB Decision to domestic law to provide judicial protection for individual who becomes victim of WTO violation conducted by government

Abstract: The issues related to political dowry are interminable. This interminability is the result of an indication of political dowry every time a general election or local election is held. Based on that background, this article describes the political dowry's detailed problems. In the beginning, the writer describes the definition of political dowry and its differences from political cost, the reasons for the restrictions, and the law enforcement on political dowry. It ended with some efforts to prevent political dowry.It is found that the definition of political dowry is different from political cost. The regulations restrict the practice of political dowry, but not for the political cost. The political dowry is restricted by law because it is against the national law's interest, which is the interest to have qualified and fair general elections and local elections. Heretofore, there is no legal punishment for the practice of political dowry due to the difficulty to prove the practice. There are some efforts to prevent the practice of political dowry: First, giving intensive supervision from The General Election Supervisory Agency (Bawaslu) and its subdivisions; Second, revising the regulations in the Law of the Local elections for nominating the candidates; Third, revising the regulations in the law of political parties for nominating the candidates of the president and local government; Fourth, assigning the time limitation for the political parties to accept the political cost; and Fifth, enhancing the legal awareness of all parties involving in the practice of general elections or local elections.

There are two functions of the state liability principle. The first is to secure individual rights (including economic rights) from a wrongful act conducted by a government, and the second is to compensate for damage caused by the infringement of individual right. Economic right is inherently allowing an individual to pursue economic interest both domestically or globally. In order to accommodate this right, a government is obliged to provide trade rules and mechanisms for every individual to conduct their global economic activities by participating in the WTO. The objective of the WTO significantly corresponds to the individual's right in order to obtain trade benefits. Hence, when a government infringes trade rules and mechanisms underlined in WTO Law, it will directly restrict individuals from gaining trade benefits under the WTO or, moreover, it will restrain individuals from enjoying their inviolable economic rights. When the right is violated, and the damage occurs, it thus leads to the obligation for the government to compensate the damage according to the state liability principle. This article discusses the nexus between the state liability principle and WTO Law, in order to encourage national courts to exercise the function of state liability by referring to the infringement of economic rights caused by the violation of WTO Law.

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.

This study aims to investigate the position of the DGT's Civil Servant Investigator in relation to their duty to enforce taxation criminal. The law enforcement of taxation criminal in Indonesia is involving several institution like Civil Servant Investigator (Directorate General of Taxes Institution), Police Investigator (Indonesian Police Institution), and Attorney Investigator (Attorney Institution). This involving, which lately leads to the position and authority problem of each institution. This study will be focused on the position of civil servant investigator of Directorate General of Tax and its relation with other party like Supervisory Coordinator which occupied by police investigator, and also other investigator from another institution. The method which is used in this study is normative juridical approach with analytical descriptive specification. Based on that method, then the researcher will compare between the position of DGT's Civil Servant Investigator 'in legislation' and 'in its practice' through library study and field research. The researcher carry out this research based on the researcher's consideration about the importance of state income from the taxation sector, so that the unlawful act that detrimental from the taxpayer and any related party of it can be eradicated immediately. The results shows that the position of the DGT Civil Servant Investigator in the framework of eradicating taxation criminal was emphasized as the primary investigator. This position is based on Law No. 16 of 2009 as lex specialis derogat legi generalis against Law No. 8 of 1981. Based on this position, there some friction that occurs between the DGT Civil Servant Investigator and other officer from another institution. For example, the DGT Civil Servant Investigator of the West Sumatra-Jambi Regional Office, which was designated as a suspect by the Police investigator, and the Mobile 8 tax restitution was handled by the Attorney Investigator. One of the factors that causing the friction is the difference in ...

In Islamic law, khamr is a common type of alcoholic beverage that is forbidden for consumption due to its elements that can intoxicate and lead to loss of self-control. The government of Indonesia also forbids people from consuming the intoxicating beverage in certain levels. Nevertheless, a community group in Batu Payuang Halaban, Lima Puluh Kota Regency, West Sumatra Province, Indonesia, wherein their daily lives can be found a type of traditional beverage as same as khamr that is a fermented juice of sugar palm bunches. The people call it "tuak". This research aims to investigate how the people of Nagari Batu Payuang produce aia niro and tuak, their motives for buying, selling, and consuming the drink, and judging it from the perspective of Islamic law (hadd al-syurb). This type of research is field research with a qualitative approach. Data sources consisted of primary and secondary. The data collection was conducted by observing the process of producing aia niro, tuak, and the transaction, and in-depth interviews with owners of sugar palm plantation, tuak producers, buyers, sellers, consumers, and local ulama (Islamic scholars). The data were analyzed in descriptive by reduction, display, and verification. To examine this research, the theory used was the concept of hadd al-syurb in Islamic law and the regulation on alcoholic beverages in Indonesia. The results show that aia niro is produced by extracting the bunches of male sugar palm and it is the raw material to produce tuak by leaving the aia niro in jerry cans and adding agarwood bark for 3 days. The sellers have various reasons to sell tuak and its raw materials. Besides the price is higher than brown sugar, it is also motivated by personal and other economic reasons as well as easier processing. People who drink tuak realize that it is intoxicating in a certain amount but they drink it to warm their bodies and relieve their fatigues. In the concept of hadd al-syurb, consuming tuak as an intoxicating substance is haram (forbidden) and is condemned to those who drink it. However, they who trade it are not punished by hudud since the Sunna proposition only refers to the transaction as an act of curse. ; Dalam konteks hukum Islam, khamr adalah salah satu jenis minuman yang dilarang untuk dikonsumsi karena mengandung unsur yang dapat memabukkan dan menghilangkan fungsi akal. Pemerintah Indonesia juga melarang masyarakat mengkonsumsi minuman memabukkan dalam kadar tertentu. Meskipun demikian, ada kelompok masyarakat di Batu Payuang Halaban, Kabupaten Lima Puluh Kota, Provinsi Sumatera Barat, Indonesia, yang dalam keseharian mereka ditemukan jenis minuman tradisional yang berfungsi sama dengan khamr. Mereka menyebutnya dengan nama tuak yang berasal dari fermentasi air perasan tandan aren. Penelitian ini bertujuan untuk mengetahui cara masyarakat Nagari Batu Payuang memproduksi aia niro dan tuak serta mengetahui alasan mereka melakukan jual beli dan mengkonsumsinya, kemudian menilainya dari sudut pandang hukum Islam (hadd al-syurb). Jenis penelitian adalah penelitian lapangan dengan pendekatan kualitatif. Sumber data terdiri dari sumber data primer dan sekunder. Pengumpulan data dilakukan dengan cara observasi proses pembuatan aia niro, tuak dan jual belinya, wawancara mendalam dengan pemilik kebun aren, produsen tuak, pembeli, penjual, konsumen dan ulama lokal. Data dianalisis secara deskriptif dengan cara reduksi, display dan verifikasi. Teori yang digunakan untuk menelaah kajian ini adalah konsep hadd al-syurb dalam hukum Islam dan pengaturan minuman keras di Indonesia. Hasil penelitian menunjukkan bahwa cara produksi aia niro adalah dengan menyadap tandan bunga jantan dan airnya digunakan untuk membuat tuak dengan cara mendiamkan aia niro itu dalam jeriken dan menambahkan kulit kayu gaharu selama 3 hari. Para penjual memiliki alasan yang beragam ketika menjual tuak maupun bahan bakunya. Selain harganya lebih tinggi dari gula merah juga karena alasan pribadi dan ekonomis lainnya serta proses pengolahannya yang lebih mudah. Masyarakat yang suka meminum tuak mengetahui bahwa tuak itu memabukkan dalam jumlah tertentu tetapi mereka meminumnya hanya untuk memanaskan tubuh dan menghilangkan rasa penat. Dalam konsep hadd al-syurb, mengkonsumsi tuak sebagai zat yang memabukkan adalah haram dan dihukum hudud orang yang meminumnya. Tetapi orang yang memperjualbelikannya tidak dihukum hudud karena dalil Sunah hanya menyebut jual belinya sebagai perbuatan yang dilaknat.

A soft Brexit scenario will include an implementation period from the day the UK formally leaves the EU to 31 December 2020. During the implementation period, the UK will continue to be functionally treated as an EU member state and remain a party to EU international agreement. Associated with the ASEAN single market, should be considered the readiness of Indonesian regulations and legislations that in sectorial concerns at least three aforementioned legal instruments to be harmonized with the laws of the ASEAN countries. Important findings were shown by the research from the perspectives of business law, especially, capital investment law, intellectual property and international trade law that Brexit has significant impact for the EU itself, Indonesia and also AEC.

Regional autonomy granted on local government to regulate and administer the governmental affairs in order to improve the efficiency and effectiveness of public services. To do so, the local government is authorized to collect taxes from its people. This research aimed to investigate the problematic of provincial tax collection in order to increase the own- source revenue of autonomous areas in Indonesia. The collection of local taxes is still not optimal. Thus, some necessary actions for betterment need to conduct, such as: a). Improving the human resources of tax authorities in terms of their capability in planning and monitoring the collection of taxes; b) Using technology of information to provide a fast and efficient services; and c) Enforcing the law to each of the taxpayers who violate the regulation of provincial taxes.

Plant variety protection is a relatively new concept for many Indonesians. It was developed because of the patent regime's failure to provide appropriate protection for new plant varieties. This new sui generis legislation for the protection of plant varieties was enacted in response to Article 27.3(b) of the TRIPS Agreement, which requires WTO Members to provide an effective sui generis law for the protection of new plant varieties. This paper analyses the current state of plant variety protection in Indonesia. It covers the threshold of protection, the subject, scope, right and obligation of breeders, exceptions to infringement, farmers' rights and local varieties. It also analyses the current policy to revise the Plant Variety Protection Act and the underlying reasons for this, including Indonesia's national interest and its international and bilateral commitments. The main focus of the paper explores why such policy is not broadly compatible with the Indonesian agricultural tradition of seed sharing. Accordingly, this paper explores the tradition of seed sharing in Indonesian culture known as adat. In addition, it explores the likely implication of such protection for national agricultural innovation.

In the era of independence, guided democracy, the new order, until the era ofgovernance reform in Indonesia tended to override the importance of diversity.Power consolidation tends to deny the existence of customary law community unitsand is usually accompanied by etatism tendencies. This article describes how theexistence and regulation of customary law community units as subjects ofConstitutional Law. The conclusion obtained is that the existence and regulation ofcustomary law community units as subjects of constitutional law in the legal systemof the Republic of Indonesia constitution is guaranteed and recognized based on theprovisions of Article 28 B paragraph (2) article and 28 I paragraph (3) of the 1945Constitution, as well as in Article 6 UU no. 39 of 1999 concerning human rights