Suchergebnisse

Abstract The ratification of an international treaty is an important action of a nation because it will determine the involvement of that nation in the international agreement. Law No.24 Year 2000 concerning International Treaties regulates about ratification, both in terms of internal (article 9) and external (article 1 number 2). The purpose of this article is to analyze whether ratification of an international agreement according to Law No.24 Year 2000 is "approval" or "confirmation"? And what is the appropriate action or form of such ratification? The results shows that the ratification of an international agreement, if view from an external procedure must be interpreted as a form of "confirmation". Whereas from the internal procedure point of view, ratification must be interpreted as an "approval of the DPR". This can also be interpreted as a "confirmation" from the legislature to the President, so that the President conducts a ratification in an external sense. AbstrakPengesahan terhadap perjanjian internasional merupakan suatu tindakan penting dari suatu negara, karena akan menentukan keterikatan negara tersebut dalam perjanjian internasional. Dalam UU No 24 Tahun 2000 tentang Perjanjian Internasional, telah diatur tentang pengesahan ini, baik pengesahan dalam arti internal (Pasal 9) maupun pengesahan dalam arti eksternal (Pasal 1 angka 2). Tujuan penulisan artikel ini menganalisis tentang apakah pengesahan perjanjian internasional menurut UU No 24 tahun 2000 tersebut merupakan "persetujuan" ataukah merupakan "konfirmasi" ? dan apa bentuk hukum yang tepat dari tindakan pengesahan tersebut ?. Adapun hasil dari pembahasan adalah bahwa pengesahan terhadap perjanjian internasional, jika dilihat dari prosedur eksternal, maka harus dimaknai sebagai "konfirmasi", yakni perbuatan hukum untuk mengikatkan diri pada perjanjian internasional. Sementara itu, pengesahan sebagai prosedur internal harus dimaknai sebagai "persetujuan DPR" , yang juga dapat dimaknai sebagai "konfirmasi" dari legislatif kepada Presiden, agar Presiden melakukan pengesahan dalam arti eksternal.

The Indonesian geographical condition as an archipelagic state with abundant natural resources has put maritime security into its central issue. Several challenges are facing Indonesia's maritime coordination. National maritime agencies are still overlapping and duplicating based on various laws and regulations. As part of the Indonesian vision to be a 'global maritime fulcrum,' Indonesia's government established the Marine Security Agency (BAKAMLA). BAKAMLA aims to shift the law enforcement paradigm from a multi-agency multi-task to a single-agency multi-task. The establishment of BAKAMLA is expected to create law enforcement's effectiveness and efficiency in Indonesia's water jurisdiction. This study is a type of normative juridical research using a statute approach and case study approach. This study reveals that the emerging of BAKAMLA, based on Law Number 32 of 2014 concerning Marine, grants broad authority to the maritime security agency. BAKAMLA has the power to direct instant pursue, dismiss, inspect, arrest, carry, and deliver the ship to the related authorized agency for further legal proceedings. BAKAMLA also has the authority to integrated security and safety information systems. The presence of BAKAMLA does not necessarily disregard or eliminate other institutions in the same task, but as a guard to stimulate to synergize further the security and safety of Indonesia's territorial waters under a single command unit.

ABSTRAK Pada jurnal ini, penulis mengangkat permasalahan mengenai politik hukum pengaturan penyelesaian perselisihan hasil pemilihan Kepala Desa. Konstitusi telah menyatakan Indonesia sebagai negara Hukum. Konsekuensi logis dari negara hukum adalah adanya separation of power. Teori pemisahan kekuasaan ini dikenal dengan trias politika. Kemudian konstitusi juga mengatur bahwa negara mengakui keberadaan masyarakat hukum adat (termasuk desa) beserta hak-hak tradisionalnya, termasuk hak asal usul. Pengakuan ini disebut dengan Asas Rekognisi. UU Desa manyatakan penyelesaian perselisihan hasil pemilihan Kepala Desa diselesaikan oleh Bupati dan Walikota. Menjadi pertanyaan apakah penyelesaian perselisihan hasil pemilihan Kepala Desa telah sesuai konstitusi khususnya hak asal usul dan teori trias politika ?. Penelitian ini adalah penelitian yuridis normatif dengan pendekatan perundang-undangan, sejarah dan konsep. Hasil dari penelitian ini menyatakan bahwa politik hukum pengaturan penyelesaian perselisihan hasil pemilihan Kepala Desa tidak sesuai dengan konstitusi dan teori trias politika.Kata Kunci: Politik Hukum, Pemilihan Kepala Desa, Trias Politika, Hak Asal Usul. ABSTRAK In this journal, researcher raised issue about the legal politics of the dispute resolutions over the Village Heads election results. The State of Indonesia is a state based on the rule of law. The consequence of the rule of law is the existence of a "separation of power". Theory of separation of powers is also known as trias politica. The constitution also regulate that the state recognizes the existence of the homogeneity of societies with customary law (including village) along with their traditional rights, including the "asal-usul right". This recognition is called Recognition Principle. The Village Law (UU Desa) declared that dispute resolutions over the Village Heads election results to be solved by the Bupati and the Mayor. It is a question of whether the dispute resolution over the election result has been in accordance with the constitution, especially the "asal-usul right" and the theory of trias politica. This research is normative juridical research with statute aproach, historical aproach and conceptual aproach. The result of this research indicates that the legal politics of the dispute resolutions over the Village Heads election results is not in accordance with constitution and trias politica theory. Key words: Legal Politics, Village Heads Election, Trias Politica, Asal-Usul Rights.

This research is a normative juridical research using a statutory approach, and a conceptual approach. This research is a normative juridical with a literature approach, namely by studying journals, books, legislation and other documents related to this research. Normative law is directly related to the practice of law which involves two main aspects, namely the formation of law and the application of law. This approach views law as synonymous with written norms made and promulgated by official institutions or officials. In this study there are 3 (three) legal materials: including primary, secondary and tertiary legal materials. The technique of collecting legal materials is by using a literature study model. The legal material analysis technique used is content analysis, after obtaining the necessary data, this paper analyzes the data logically, systematically and juridically. Furthermore, the data were analyzed juridically, namely starting from the existing regulations and related to the positive law that is currently in effect.

The enactment of Law Number 17 of 2008 concerning Shipping is the separation of the functions of government activities at ports and the functions of port exploitation. The separation of the functions of government activities and port operations aims to manage ports professionally, by opening up opportunities for fair business competition. There are two authorities in the Port Authority and Port Business Entity, namely the Government in this case the port authority and the Port Business Entity which obtains a permit from the ministry. For this reason, it is necessary to build synergy in maintaining Port Authority and Port Business Entity at commercial ports. The problem in this research is the synergy between the Port Authority (government) and Port Business Entity in maintaining shipping lanes and port pools in commercial ports. Using normative research methods, it is known that the synergy between port authorities and port business entities in maintaining shipping lanes and port pools at commercial ports is carried out through communication and coordination and is stated in the form of an agreement. The agreement made is a joint commitment between Port Authority and Port Business Entity to improve shipping safety and improving services at commercial ports.

The port is a gateway to enter a region or country and as a liaison infrastructure between regions, between islands, and even between countries. One of the important factors in the port is the shipping lane. The shipping lane is used for the trajectory of ships that will enter the port pool. The Port Business Entity has the obligation to carry out maintenance of shipping lanes and port pools in the form of dredging, so that ship traffic flows and port pools can be maintained properly. However, there are obstacles to carrying out dredging, namely regulations related to the obligation of business actors to have at least one dredger unit to obtain a dredging and reclamation business permit. In addition, regarding funding from the State Revenue and Expenditure Budget (APBN), in particular the dredging of shipping lanes and port pools, the central government no longer allocates dredging funds. By using normative legal research, it is known that legal reconstruction in shipping lanes and port pools by port business entities (BUP) will be carried out in the future to realize the discourse on the transformation of port business entities. In addition, it is necessary to improve Law Number 17 of 2008 concerning Shipping; it is necessary to improve port regulations.

The criminal policy of returning state financial losses to corporations as perpetrators of corruption in state financial losses is regulated as additional criminal sanctions in the form of confiscation of goods and payment of replacement money in Article 18 paragraph (1) letter a and letter b of Law Number 31 of 1999 as amended by Law Number 20 of 2001 concerning the Eradication of Corruption Crimes. The purpose of this study is to find out how the legal implications of the criminal policy of returning state financial losses by corporations as perpetrators of criminal acts of corruption are. This research includes normative legal research with several approaches, namely; Historical approach, statutory approach, case approach, and conceptual approach. The results of this study show that the existing criminal policy for recovering state financial losses still has various legal implications which result in non-optimal efforts to recover state financial losses due to corruption in state financial losses committed by corporations.

The purpose of this study is to find out about the setting of the authority of the Indonesian National Army (TNI) overcoming the armed separatist movement, armed insurgency, and acts of terrorism in Law NRI Number. This research is normative legal research using the statutory approach, historical approach, comparative approach, philosophical approach. The analysis technique is done by qualitative juridical analysis. The results showed that the legis ratio of regulating the authority of the Indonesian National Army in overcoming armed separatist movements, armed insurgency, and acts of terrorism in RI law number 34 of 2004 concerning the Indonesian National Army was departed from the desire to abandon the dual function model of ABRI, namely as a security and security forces and as a social-political force. As a social and political force, ABRI at that time had a role as a stabilizer, a dynamist, as a pioneer, and as an implementer of Pancasila democracy. With the enactment of RI law number 34 of 2004 concerning the Indonesian National Army, changing the Indonesian National Army as a means of defense of the Unitary State of the Republic of Indonesia, which is tasked with implementing a state defense policy to uphold national sovereignty, maintain territorial integrity, and protect national security, carry out military operations for war and military operations other than war, and actively participate in the task of maintaining regional and international peace

The purpose of this study is to find out about the setting of the authority of the Indonesian National Army (TNI) overcoming the armed separatist movement, armed insurgency, and acts of terrorism in Law NRI Number. This research is normative legal research using the statutory approach, historical approach, comparative approach, philosophical approach. The analysis technique is done by qualitative juridical analysis. The results showed that the legis ratio of regulating the authority of the Indonesian National Army in overcoming armed separatist movements, armed insurgency, and acts of terrorism in RI law number 34 of 2004 concerning the Indonesian National Army was departed from the desire to abandon the dual function model of ABRI, namely as a security and security forces and as a social-political force. As a social and political force, ABRI at that time had a role as a stabilizer, a dynamist, as a pioneer, and as an implementer of Pancasila democracy. With the enactment of RI law number 34 of 2004 concerning the Indonesian National Army, changing the Indonesian National Army as a means of defense of the Unitary State of the Republic of Indonesia, which is tasked with implementing a state defense policy to uphold national sovereignty, maintain territorial integrity, and protect national security, carry out military operations for war and military operations other than war, and actively participate in the task of maintaining regional and international peace

The final and binding nature of international arbitral awards results in the nullification of the rights of the parties to file legal remedies against the arbitral award, as is the case with decisions of national courts that can be appealed, appealed, or reviewed. However, Article 68 paragraph (2) of Law Number 30 of 1999 concerning arbitration and Alternative Dispute Resolution provides an opportunity for parties who refuse to recognize and implement an international arbitral award that can be appealed to, as well as Article 70 must also be explained that Article this applies only to national arbitrations. This of course creates legal uncertainty, disuse, and injustice for the parties. Therefore, what is highlighted in this research is what is the position of the final and binding international arbitration award in Indonesia. The research method used in this article is legal research using primary and secondary legal materials. The results of the research show that the position of international arbitral awards in Indonesia is not the same as the decisions of national courts because they cannot be appealed, cassated, and reviewed. Therefore, it is necessary to completely amend international arbitration arrangements by removing Article 68 paragraph (2) of Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution in order to provide legal certainty, benefit, and justice for the parties.

This article aims to analyze Indonesia's efforts to accommodate national interests in efforts to handle refugees in Indonesia. UNHCR noted that until December 2020 the number of refugees in Indonesia reached 13,700 people, with the most refugees coming from Afghanistan 57%, Somalia 10%, and Myanmar 7%. This number is very large considering the fact that Indonesia is only a transit country and not a country that ratified the 1951 Refugee Covenant. The existence of refugees in Indonesia is an urgent problem by taking advantage from human rights as the basis of its justification, while Indonesia is a sovereign country that has the authority to regulate the traffic of foreigners in its territory especially on the basis of national interests, such as security. The existence of Presidential Regulation No. 125/2016 on the Handling of Refugees from Abroad has not optimally become a solution for handling refugees in Indonesia. By using normative juridical research method, the authors analyzed that although the regulations regarding repatriation and resettlement of refugees were mentioned in Presidential Regulation No. 125/2016, they did not clearly regulate the procedures for handling refugees either through voluntary repatriation and there was no attempt by the government to implement the repatriation program. As for resettlement, the Indonesian government only relies on UNHCR

The philosophy of law is a science that analyzes law in a philosophical way. So that, the object of the science of legal philosophy is legal norms, and the object is evaluated in a way that is at the heart or basis, which is called the law. The philosphy of law has a wider area than the investigation of the workings of law regarding certainty, truth and objectivity. The position of the philosophy of law in the scientific constellation is as a basis for ethical logic about law. Philosophy of law is a science that specifically discusses the nature of law in a fundamental and comprehensive manner which is always dealing with scientific constellations consisting of the social and natural sciences, so that it's also at the intersection f the sciences as well as at the meeting point between the sciences. Science and it intersects with the ethics and logic.