Perspektif

146-154

Authors: I Nyoman Nurjaya

The recognition of indigenous peoples existence is very dependent on the will of the Government. The village government as formulated in Act number 6/2014 of the village, as well as Government Regulation number 43/2014 about Implementation of the Act number 6/2014 has naturally become a bureaucratic and legal officials law, that the village is set in the system of local government under the supervision of State law. In the case of Bali and the local Government of Bali, there is legal consequences with the fate and the future existence and life of indigenous village/pakraman village as a social and cultural system of the Hindu society, it is the law on the development basis of the indigenous village/pakraman village will not remain be ”the awig-awig” as Balinese traditional society customary law; philosophy and the essence, function and role of the indigenous village/pakraman village changed physically as well as community life of Balinese people loss; traditional customs and Government system should be changed in accordance with the system of the village Government; on one side the customs affairs village should organize pakraman village administration and bureaucracy under the structure of local governments, and on the other hand the indigenous village is at the same time responsible to organize and responsible about the culture, traditions, customs and ritual as Hindu affairs, village understanding of pakraman village customs and traditions should be completely ignored in Balinese village daily community life.

166-183

Authors: Umi Enggarsasi, Sudahnan

Social system set forth in article 2 of Act No. 12 of 1995 concerning Corrections, which confirms that the purpose of the coaching is to form the citizen in our prisons become fully human, aware of the mistakes, improve themselves and not repeat the crime anymore, so may be welcomed back in the environment of the community, can be actively involved in building, and are able to live reasonably. Coaching against inmates in Correctional Institutions is its success depends on structural elements, the substance of the law, culture in it, which is reflected in the Correctional Officer alignment, prisoners, and community or family. The reality in the Penitentiary Institutions are still frequent fights, abuse, even murder in the correctional facility, is also still the number recidivists.

192-201

Authors: Tomy Michael, Antonius Feninlambir

Prosperity of athlete football professional or employees is the right of every employees. The responsibility of the organization of professional football clubs to occupational with their health and safety. Organization of professional football clubs have full responsibility in this regard. With normative legal research. The result obtained there is no correlation between positive of law in Unity State Republic of Indonesia and the statuten made by FIFA. Organization of professional football clubs have not been absolutly run in Law of Republic of Indonesia No. 13 of 2003, Article 87 on labour in which every company must implement a health and safety of management system integrated working with the health management system. As a suggestion, require the rule of law which is in sync with the regulations made by FIFA, PSSI respected to the regulations in Indonesia related to sports that do not event of contradiction before publish the statuten of the organization so that no event of resignation athlete professional football in the future, they shall take into account the contennt of their contract, the public take an active role in infraction notice made by PSSI or other organizations professional football clubs on the regulation of professional football athlete contract that have been made, and the researchers of science of law are examining the country’s sovereignty and the sovereignty of FIFA.

79-89

Authors: Ronny Winarno

Govermental appliance include a process of acquiring legislative and judicial power that is done through the mechanism of elections in which there is a principle in politics. The principles of politics is needed by the political parties in carrying out the process of practical politics. Politician must understand the values and legal norms corresponding legislation, in order to accommodate the interests of people, so that may create a good political practice and does not conflict with legal norms.

101-117

Authors: Fani Martiawan Kumara Putra

The ownership of land rights, may be prooved by the registration status and the outcome of the certificate which become the authority of Badan Pertanahan Nasional. The registered land rights might consist of administrative flaw, so that it might be proposed for the cancellation. The procedure of the cancellation lawsuit must be discussed further, is the lawsuit through Badan Pertanahan Nasional, or must be through court process. The land rights certificate that is cancelled is probably becoming the security object, in this case, Hak Tanggungan object. This condition will definetely brought further implication to the Hak Tanggungan process that based on security law.

128-135

Authors: Umi Enggarsasi, Atet Sumanto

Remission is the right of inmates to get a reduction in crime when undergoing training during good behavior. Remission is the right of prisoners could be increased if the relevant deeds among others: Doing services to the state, and doing deeds that are beneficial to the country or humanity, as well as Perform the action that helps the activities Penitentiary. Remission arrangements in some of the rules are: Presidential Decree No. 174 year1999 concerning Remission; Minister of Law and Legislation Decree No. M.09.HN.02.01 year 1999 on the Implementation of Presidential Decree No. 174 of 1999; Minister of Law and Legislation Decree Number M.10.HN.02.01 year 1999 on Delegation of Authority granting Special Remission; Presidential Decree No. 120 year 1995 concerning the Special Forgiveness; Minister of Justice Decree No. 1988 on Additional 04.HN.02.01 Remission for prisoners Become Organ Donors and Blood; Circular Number E.PS.01-03-15 May 26 year 2000 on the Amendment of Criminal Life Imprisonment While Being Criminal Prison; and Government Regulation No. 99 Year 2012 regarding the Second Amendment to Government Regulation No. 32 Year1999 on Conditions and Procedures for the Implementation of the Right prisoners. Implementation of the remission of prisoners begins on the petition the Head of Penitentiary to the Head Office of the Ministry of Justice and Human Rights of prisoners are eligible for remission based on the guidance to the inmates. Decision remissions granted by the Head of Department of Law and Human Rights based on the reports of correctional and Head of the Institute of Law No. 12 Year 1995 on Penal and PP 99 Year 2012.

10-19

Authors: Joko Sasmito

The military judge may face a situation that can intervene their freedom andindependence, whether it is intern or extern, institutionally, the existence of the legal relationship between the judge with the supervisor happened directly, indirectly, dimensionality, and structural relationships within the organization.Besides, insubstance there are still some rules of law which some people consider that is limiting, even more it can intervene the independence ofmilitary judge,in an effort to realize the independence of the judge, the judge must still adhere to the law, the legal facts in courts, as well as the considerations that are formulated systematically. The judge’s final decision as a legal product that is based on the Criminal Procedure, will provide a certainty, fairness and benefits to all parties.

30-40

Authors: Elly Kristiani Purwendah, Agoes Djatmiko

This research was designed by empirical juridical approach study used primary data from an in-depth interview of respondens. Syahbandar at the port was an government official who are appointed by the Minister with a supreme authority to supervise the enforcement of legislation ensuring the safety and security of shipping. One of his authority was the prevention and control of oil pollution at sea by tanker. In the implementation of reduction and prevention pollution, the Syahbandar had a main role as a mandatory in the coastal sovereign state obligation including the maritime law enforcement of administrative, civil, and criminal areas. The task of Syahbandar in conducting pollution prevention served as the coordinator/commander of Puskodalok (Command Control Center at location) teams consisting of the Police, the Navy, the Pertamina (State Oil and Gas Company) and the local government. The teams formed to control and prevention of pollution called Tier 1 had a restrict authority with the categorization of oil spill emergency response occurs inside or outside the Region of Interest Ports Environment (DLKP) and Working Environment Regional Ports (DLKR) or the oil and gas activity or other units that could be handled by the infrastructure, facilities and human resources that available at the port or the oil and gas activity unit or other activity units.

49-58

Authors: Dwi Tatak Subagiyo

This research was intended to review and analyze the legal protection of minority shareholders, the legal consequences for Director which committed an unlawful act and legal efforts to minority shareholders under the Limited Liability Corporation Act Based on this research, this paper concludes that the legal protection for minority shareholders of the Company can be achieved by applying the principles of Good Corporate Governance (Management of Good Company). As a result of tort law must be held accountable indemnify Director (Article 1365 of the Civil Law Code) and therefore fulfilled criminal element, then the Board of Directors may be subject to imprisonment or criminal fines are wiping money and fraud (Article 372 and Article 378 of the Criminal Law Code) may be responsible to the Director even his private property (Article 97 paragraph (3) of the Limited Liability Corporation Act).

153-165

Authors: Misranto

The Constitutional Court is a judicial institution that is trusted by the constitution (UUD 1945) to implement the impeachment court sistem. Justice impeachment begins with a request fatwa by the House of Representatives to the Constitutional Court. Position of the House of Representatives at the hearing of the Constitutional Court or the judicial sistem of impeachment is the applicant. Application is submitted to the Constitutional Court after the House of Representatives argued that the President and/or Vice-President has committed an offense referred to in Article 7A of the 1945 Constitution. While the verdict given by the Constitutional Court is proof that Indonesia is really a form of state law countries. Authority of the Constitutional Court in the impeachment court sistem can only be executed, if the House of Representatives to apply to him. If Parliament does not propose, then the justice sistem impeachment will not be realized.

178-189

Authors: Erika, Dewa Gede Sudika Mangku

ASEAN was established by the Bangkok Declaration on August 8, 1967, with the region of ten countries in Southeast Asia that still remains on the principle of non-intervention which has been arranged in the Treaty of Amity and Cooperation in Southeast Asia in 1976 (TAC) and the ASEAN Charter. ASEAN grown into a large international organization and gained recognition in the international world, the principle of non-intervention is still a problem that still coiled in the body of ASEAN and the ASEAN leaders ought to think about the flexibility of this principle, it aims to help a country members who were in face particular problems of humanity.

201-211

Authors: Besse Sugiswati

Marriage which known as the concept of unity between a man and a woman, and therefore creates a property that associated with the marriage. Along the marriage, there are known two types of property, private property and property in marriage. Property in marriage is property that is generated during the marriage. There are three concepts to review property in marriage rules, based on Islamic law, civil law, and customary law. When a marriage ended with divorce, the property in marriage shall be devided. Based on Indonesian Islamic Law and Indonesia civil law, the property in marriage shall be devided half and half for the husband and wife, but according to the community law, the property in marriage shall be devided differently from Indonesian Islamic Law and Indonesian Civil Law, the distribution of the property in marriage according to community law is set differently from one region to another region.

81-93

Authors: Andre Azka Hanifan, Sudahnan

The transfer of some of the work to another company permitted by the Act No.13 of 2003 onEmployment as stipulated in Article 64 through Article 66, and the power over the workers’ status clarified in the Decision of the Constitutional Court. System penyerahaan 27/PUU-IX/2011 about some of the work toWork services provider company then followed up by the Minister of Manpower No. 19 of 2012 on Submission Requirements partial implementation of the Employment of Other. Company Full Service Provider is responsible for the existence of outsourced workers even though his company in a state of bankruptcy or bankruptcy, and workers still get legal protection despite outsourcing workers concerneddo the job with Specific Time Work Agreement. Methods This study used a normative juridical method, the conceptual approach and the conceptual approach approach approach approach statute legislation. The conclusion of this research Workers Services Provider Company in a state of bankruptcy should still be accountable to the outsourced workers who perform labor agreement until a certain time limit specified time and labor overstill obtain legal protection as determined by law.

104-114

Authors: Umi Supraptiningsih

The establishment of Law of Number 11, 2012 about the system of children penal judgment (government gazette 2012 number 153 and additional government gazette number 5332, abbreviated UU-SPPA) is “a hope” for children facing the law both as doers or victims to get their rights. The important thing arranged in UU-SPPA is the completion of children penal from penal judgment process out of penal judgment. There are two aspects to prepare in establishing UU-SPPA, namely physical and non physical. The local governmet has to prepare the institutions such as Lembaga Pembinaan Khusus Anak, Lembaga Penempatan Anak Sementara, Lembaga Penyelenggaraan Kesejahteraan Sosial. This law accomodates children interest and protection that has given the completion of children cases facing the law. While the dominant inhibiting factor is in UU-SPPA its self since there are so many rules that need technical instructions to implement, such as the rule of diversion procedure. If the diversion is a mandate in UU-SPPA and the new institutions are not available so it will make the establishment of diversion facing obstacle. Moreover, if there is no children law holder, the mandate of SPPA will not also be implemented.

125-136

Authors: Riko Eka Kusuma

Since the enactment of Law No. 12 Year 2008 on The Second Amendment to Law Number 32 Year 2004 on Regional Government, as an interpretation of Article 18, to bring new changes in governance in the region. This law has fundamentally changed the practices of government, one of which is related to the position, duties and functions of the District. The changes were brought as a result of changing the shape of the organization, financing, charging personnel, logistics fulfillment and accountability, in addition to changes in the definition of the township itself. Previously, the District is an administrative region in the context of the work environment that is deconcentration government that organizes the implementation of tasks in the area of public administration, while according to Law No. 12 of 2008, Article 126 Section 3, that the District is the district/city in the context of the principle of decentralization. That is, if used within the framework of the principle of deconcentration districts is one of the administrative area, in addition to national, provincial, district and municipality, as well as administrative city. However, at the present time is the working area of the districts of the region. It can be said also that districts not a territory, but district sareservice areas.