Suchergebnisse

This study aims to determine the reaction of foreign ownership on the Indonesia Stock Exchange to the adoption of International Financial Reporting Standards (IFRS). This study will examine the reaction of foreign ownership on the Indonesia Stock Exchange during the periods 2007-2010 and 2012-2015. The variables used in this study are IFRS and foreign ownership. It finds that the obligation of IFRS does not affect the development of foreign investment in Indonesia, because accounting standards in Indonesia have been adjusted to IFRS since 2008 and investment decisions are not only influenced by standard accounting policies, but also by other factors, such as the economic and political conditions of a country. This study is motivated by the results of previous studies regarding the reaction of foreign ownership of IFRS adoption, which is still controversial. Some studies suggest that IFRS adoption increases information appeal and can attract foreign investment, while other research states that IFRS adoption will not necessarily increase the number of shares held by foreign investors.

since 2007 ASEAN has moved towards an ASEAN Economic community(AEC) as an economi integration of member states based on four economic pillars. One of AEC economic pillar the single market and Production base, means,the region as a whole must become a single market and production base to produce and commercialize good and services anywhere in ASEAN. The establishment of AEC is offering opprtunities in the from of a huge market of US$ 2.6 Trillion and over 622 million people. Of this number, around 40 per cent or 245 million people live in Indonesia. Numerous officials and othes have their doubts and worried that Indonesia will mainly be the market for the AEC and Indonesia's progress in developing its human capital will be negatively impected compettition from other ASEAN nations. The crucial futher step of the AEC is to implement the free movement of skilled labors as one of five core principles of single market and production base pillar, as it will boost economic integration in the region levels. In practice however, progress towords freer mobility has been slow and uneven. In practice however, progress towards freer mobility has been slow and uneven, due to rigid national immigration policies, inequalities in professional education and licensing regimes, public ambivalence toward the AEC, and the vast income gap that many countries fear will contribute to brain drain. This article examines impediment of free movement of skilled labors as a result of weak political and public support to drive the process forward as well as the myriad policy and procedural obstacles of free movement of skilled labor of selected categories of professions associated mainly with trade in service and invesment, this article also reviews the AMSs' policies in these areas

This study aims to determine the reaction of foreign ownership on the Indonesia Stock Exchange to the adoption of International Financial Reporting Standards (IFRS). This study will examine the reaction of foreign ownership on the Indonesia Stock Exchange during the periods 2007-2010 and 2012-2015. The variables used in this study are IFRS and foreign ownership. It finds that the obligation of IFRS does not affect the development of foreign investment in Indonesia, because accounting standards in Indonesia have been adjusted to IFRS since 2008 and investment decisions are not only influenced by standard accounting policies, but also by other factors, such as the economic and political conditions of a country. This study is motivated by the results of previous studies regarding the reaction of foreign ownership of IFRS adoption, which is still controversial. Some studies suggest that IFRS adoption increases information appeal and can attract foreign investment, while other research states that IFRS adoption will not necessarily increase the number of shares held by foreign investors.

The 2007 Indonesian investment law granted national treatment for foreign investors, establishing a transparent 'negative list' for out-of-bonds investment sectors, and has been considired as a reformative regulation in Indonesia's economic strategy. However, decentralized systems give autonomy to local governments to manage their projects and infrastructure themselves. This leads into increasiig investment burdens through their opaque measures that are creating perceptions of risk for foreign investors. As a result, lack of legal certainty, inconsistent regulations and judiciary system would hamter investments. This article argues that law 25/2007 should be supported by a comprehensive investment policy to attract more foreign investors into Indonesia. A key element in establishing a competitive region is a free and open investment regime, This article addresses policy impediment to private investment in Indonesia as well as in the ASEAN region. Indonesia and ASEAN should have non-discriminatory treatment extended to foreign investors including ASEAN-based inveitors, as the establishment of ASEAN Economic community (AEC) will cornmence in 2015. Legal certainty of international business transaction by private investors is fostering investments by both direct investment and indirect investment (portfolio). Parties to investment agreements include individuals, small, medium and large multinational corporations, and countries. In this centralized global atmosphere, the Indonesian agovemment has to provide guarantees to leverage private investments.

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.

Currently, ASEAN has come to the new phase of cooperation on political security, economic, and socio-cultural by the establishment of ASEAN Charter in 2008. The cooperation has been deepened, widened, and enlarged. Accordingly, the AEC is the most significant cooperations, namely the economic integration of ASEAN which not mere free trade area but to make the region as a production basefor all products of ASEAN as well as to accomplish the region as a single market by applying scorecard system of AEC's blueprint that should be preserved by all ASEAN state members. Theformation of AEC in 2015 totally depends to the commitments of the member states of ASEAN to apply those agreed trade agreements, roadmaps, and plan of actions including AEC's blueprint.

To implement the governance tasks, professional, responsible, honest, and fair civil servants are needed. It can be attained through a training which is implemented based on the system of working performance and career that focuses on the system of working performance. Therefore, the appraisal of working performance is carried out to evaluate the performance of civil servants for providing guidance to the officials in the evaluation of unit and organization performance. This study aims to make intelligent agens design, so that the working units and governmental organizations can do evaluation based on the self-evaluation of their employees' working performance. It refers to the government regulation number 46 year 2011, that the appraisal of the civil servants' working performance consists of Employee's Work Goal (EWG) and Work Behavior (WB) with the percentages for each are 60% and 40%. The intelligent agens that can be formed from this case consist of 1) Agen-evaluator who provides the feed back of working performance progress, 2) Agen-work planner who contributes in providing recommendation of jobs which are apropriate with the civil servants whose working performance is still low, and 3) Agen-record-of-performance who contribute in recording the performance of Civil Servants.

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 ...

Abstract Completion of the armed conflict in both the legal and political framework set in customary international law and the Hague Convention I of 1899 and 1907 on the peaceful resolution of disputes, as well as the Charter of the United Nations. Mechanisms for resolving armed conflicts as well as measures to prevent the emergence of armed conflict refers to the two methods of dispute resolution, the peaceful resolution of disputes and the settlement of disputes by force or violence. Patterns in the context of conflict resolution approach more focused on the efforts of early stage to prevent the emergence of armed-conflict. Such efforts can be done with diplomacy and political mediation efforts by involving the various parties that are considered to be actors of peace. While humanitarian law in the context of normative law enforcement efforts imprinted on the situation of the ongoing war, one of its forms through foreign intervention in the ongoing armed conflict itself. In the present context of the humanitarian intervention of humanitarian law known as the Responsibility to Protect (R to P). In addition through the UN mechanism for the continuous efforts of the international community to prevent the emergence of armed conflict also involving a number of other actors who can be considered a partner for peace. One of them involving specific groups that can be considered a party to break the chain of armed conflict itself. One of them is through the mechanism of the Kimberley Process.

This paper is a revised version and an expanded version of the paper entitled 'Shares Divestment Scheme in Indonesian Mining Law'. Several cases of ICSID are cases of shares divestment, one of them is the Freeport case that offers divestment by giving the assumption of investment if the Government extends the Freeport Operational License until 2041. It violates determination of divestment share price as the value should be based on fair market price without calculating the amount of minerals. Shares divestment execution is often hampered by the determination of divestment shares' price. The purpose of the divestment arrangement was not achieved because of the price fixing issue which causes divestment failure or causes divestment delay, and the shares that were previously for the government eventually fell on private shareholders which might be owned by foreign parties. This paper is a legal research. It is intended to formulate a shares divestment scheme in the mining sector in Indonesia based on rational choice theory and public choice theory, which is expected to give a valuable contribution to the Government of the Republic of Indonesia as well as stakeholders and can be the ontological basis for laws and policies related to the investment and mining laws in Indonesia. The approaches which are used are the conceptual, statute, case and comparative approach. The primary legal materials that are used are legislation, international conventions and court decisions, while the secondary legal materials are in the form of literature and related materials.Key words: Investment law, mining law, national interest, rational choice theory, shares divestment.

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.