Perspektif

148-156

Authors: Riza Alifianto Kurniawan

This research is about examination of medical failure which conducted by doctors. Medical failure is a starting point for negligence or mal practice accusation. Negligence accusation has a relation with doctor and patient relationship. Doctor and patient relationship is a special relationship which different from other relation. Moreover, this relationship not only based on medical agreement between patient with doctor but also can be based on doctor obligation which regulated in their ethical code and it’s standard operational procedure.

169-179

Authors: Sofyan Hadi, Tomy M. Saragih

Consequences of the implementation of regional autonomy in Indonesia is the division of authority between the central government and the local government (the monetary and national fiscal decentralized). Though obviously that is a matter of fiscal and monetary affairs absolute central government. Area should only be done through the fiscal affairs of deconcentration. For equitable development in the region, the central government should retain control of the sources of revenue and strategic importance, that can be given to other areas of the source of income is still minimal.

188-194

Authors: Bambang Yunarko

A land deed officer is a general officer who has function to help the head officer of the land office in the level of municipality, in regard to the registration of the land. The land deed officer has an authority to produce a legal certificate which is related to a legal acts for rights of the land and flats. Also the officer of land deed is the officer of administrative, however the deed or a certificate of the land which is legalized by the land deed officer is not product of administrative. Therefore it cannot be disputed in Administrative Court.

74-85

Authors: Faizal Kurniawan

State has the power to manage natural resources for the sake of social justice, the general welfare and are used as much as possible the greatest benefit for the greatest welfare of people. Contract law is the main instrument used to protect the state assets including oil and gas. Production Sharing Contract as a legal safeguard for oil and gas, is a fundamental pillar in the effort and utilization management activities of oil and gas. In this Production Sharing Contract, which the contracts also involve the government and called government contract, has a unique characteristic which is not entirely subject to private law. In principle, the state should not be harmed, called as state immunity. This principle also applies universally in the interest of protecting the state assets.

97-107

Authors: Tresilia Dwitamara

Psychologically, child instead of a miniature adult but child is a subject that is still in the developmental stage capacity-prone (evolving capacities), which is closely related to the causality between the fulfillment and protection of the right to life and the right to survival, the right to grow and develop the child as well as the right to be protected from violence and discrimination. It should be emphasized that the right to life can not be released to the right to survival, and the right to grow and develop. Especially for children who are still in a period of growth and development, where each wound, destruction, or reducing the child’s right to survival will resulting in serious and fatal child’s condition. The tendency to bring the child to the juvenile justice machine, then the children will always be the target of criminalization. So it should not be taken to court if it does not need. This is of course not only affects the child physically, but also psychologically. Educative criminal system prevailing in Indonesia at this time has not been as expected. Protection of children whom qualified as criminals really have to get serious attention from the government. Children in conflict with the law in the position of children as criminals in need of protection and security in addition to self-regulation also requires a special protection that ensures the interests of the child.

118-125

Authors: Urip Santoso

One thing that is required in land registration activity is the issuance of the certificate of land rights by the land office, which is used commonly as an evidence. By the issuance of this certificate, it will ease the process of proofing the ownership of the related land. The issuance of this certificate will definetely realize the legal certainty and legal protection to the owner. In fact, there was an act of irregularities in the issuance of certificates, which occured in several forms, such as the issuance of fake certificates, original certificates but apparently false, multiple certificates, certificates of overlap, as well as fictitious certificates.

14-22

Authors: A'an Effendi

Environmental dispute resolution through the administrative courts is done by submitting lawsuit into administrative courts in order the judge will cancel the issuance of environmental permits which were not carefully made, so that it could stop the environment pollution which occurred immediately. Environmental dispute resolution through administrative courts aims to stop the environment pollution which occurred through administrative law procedures. The legal basis for the lawsuit of environmental dispute resolution through administrative courts refers to the Law No. 32/2009 about the Environment Protection and Management and also Administrative Court Law.

32-45

Authors: Fani Martiawan Kumara Putra

Property rights will engender creditors, creditors which are produced due to the existence of zakelijke zekerheid (property guarantee) are preferred creditors who has various superior characteristics, including the payment will be prioritized than other concurrent creditors. But the superior characteristics of the preferred creditors will looks weak when it crashed with privilege creditors which the existence are regulated in Law. The conflict between preferred creditors and privilege creditors makes the preferred creditors character become so weak, it is related to debt fulfillment because of force majeure and guarantee payment by the insurance company. This situation happened because when there was a force majeure, then the preferred creditors now should be just a concurrent creditors but they still hold the characters of preferred creditors because of the implication of the promises when the ship mortgage agreement made.

56-63

Authors: Ahmad Basuki

Judicial independence is a prerequisite that must be met in the context of the operation of democratic state. State laws which the consolidated democracies are weak could cause the independence of judicial power principle became so often misused and thus causing “judicial mafia”. Along with the reformation momentum, then by considering the experience and practice of justice in the past, the development and reformation of the judiciary should be directed to the administration of justice in a transparent, rigorous oversight and resolute in action, so it will be able to bring the judiciary accountable and dignified. Judicial independence must be balanced with the accountability principle as a manifestation of a democratic state.