Perspektif

Number 1 Vol. 21, 2016

1-10
IMPLIKASI PEMBERLAKUAN UNDANG-UNDANG OTORITAS JASA KEUANGAN TERHADAP PERLINDUNGAN KONSUMEN JASA KEUANGAN DIKAITKAN UNDANG-UNDANG PERLINDUNGAN KONSUMEN

Authors: Agus Suwandono

Abstract

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Number of views: 1008

Enforcement of the Act No. 21 Year 2011 on the Financial Services Authority (UUOJK) brings hope and legal certainty for consumer protection in the financial service sector in Indonesia. However, there has been a regulation on consumer protection, namely in Law No. 8 of 1999 on Consumer Protection (UUPK) before the enactment of UUOJK. The scope of UUPK regulation also basically includes consumer protection in the financial service sector which are banking, finance and insurance institutions. This study is a normative legal research which studies library materials or secondary data. The study is analytical descriptive that uses normative methods. Based on the results and discussion, it is concluded that regulation of consumer protection in the financial service sector written in UUOJK is basically special rules governing consumer protection in the financial service sector. However, UUPK is generally not a lex generalis of UUOJK due to different definition of consumer in UUPK and UUOJK. In the case of term consumer according to UUPK, UUOJK can be regarded as lex specialis of UUPK.

11-22
KONSEKUENSI HUKUM BAGI INDONESIA TENTANG PENGENDALIAN PENCEMARAN ASAP LINTAS BATAS PASCA RATIFIKASI ASEAN AGREEMENT ON TRANSBOUNDARY HAZE POLLUTION

Authors: Agis Ardhiansyah

Abstract

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Number of views: 912

This journal aims to analyze the legal consequences for Indonesia on preventing and monitoring transboundary haze pollution after the ratification of ASEAN Agreement on Transboundary Haze Pollution and actions that should be taken by the Republic of Indonesia as a form of principle of good faith. This study is a normative legal research by using regulation of written law approach (statute approach). The result of this journal showed that Indonesia shall take legislative, administrative and other steps, as aprinciple of good faith, to prevent, control and mitigate land and forest fires that leads to trans boundary haze pollution. Indonesia also shall enforce the law as a main priority against the person or corporation that burns land and forest.

23-33
KEJAHATAN PERTAMBANGAN DALAM PERSPEKTIF KEADILAN BERMARTABAT

Authors: Teguh Prasetyo

Abstract

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Number of views: 1292

The law has always been around to overcome evil and restore justice. The urgency of the ever presence of law in handling mining crime activities could be seen in the 1945 Constitution of the Republic of Indonesia, Article 33 Section 3. It is stipulated that land, water and wealth of it’s natural resources are in the possession of the State and used for the utmost welfare of the people. The Dignified Justice has potrayed, described and particularly explained how the law exists to overcome crimes and offences or injustices which always threaten the mining industries. Among other things, one of the examples ofthe Dignified Justice Theory describes how the law plays it’s role to prevent and solve crimes in the Pancasila Legal System which is in the Law number 4/2009 on Minerals and Coals Mining. The details on the types of crimes and offences on the mining field and all the legal efforts to overcome those injustices might be found in the Articles of 158 to 165 of the Law number 4/2009 on Minerals and Coals Mining.

34-47
KARAKTERISTIK PEMBEBANAN JAMINAN FIDUSIA PADA BENDA PERSEDIAAN DAN PENYELESAIAN SENGKETA SAAT DEBITOR WANPRESTASI

Authors: Fani Martiawan Kumara Putra

Abstract

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Number of views: 1829

Nowadays, Fiduciary security agency has been a necessity coveted by entrepreneurs who need capital by mortgaging their valuable chattel/moving goods without relinquishing the right of control over the collateral valuable chattel. Fiduciary has been in a long phase until the Law No. 42 of 1999 on Fiduciary has been enacted. One of its development periods is the presence of a decision regarding an inventory or supplies secured to fiduciary insurance agency. It is also regulated about the availability of supplies become fiduciary objects through UUJF. Since the given rule is not comprehensive, it is necessary to figure out how its characters and legal protection when a dispute arises among the parties.

48-59
IMPLEMENTASI PRINSIP NEGARA HUKUM DALAM MEMBERIKAN PERLINDUNGAN HUKUM TERHADAP NOTARIS

Authors: Firman Floranta Adonara

Abstract

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Number of views: 956

The existence of assurance, order and legal protection that is based on truth and justice has been the principle of constitutional state (rechtstaat). It requires the state to provide fair recognition, security, protection, legal certainty and equal treatment of law to its citizens. One of state services to its people is providing them opportunity to obtain proof or legal documents pertaining to civil law. For those purposes, officials known as public notary handles the proof or documents. Minuta of the deed establishment belongs to state that must be kept until the unspecified time limit. A notary sometimes deals with legal issues in carrying out his duties although has been cautious with legislation. The legal issues may bring the notary to stage of investigation by law enforcement officials, whether dealing with investigator, prosecutor, or judge, where it is necessary for the judicial process. UUJN has regarded notary as a public official who runs the legal profession and they should get legal protection because notary is regarded as professional job not as personal.

48-59
TEORI HUKUM PANCASILA SEBAGAI SINTESA KONVERGENSI TEORI-TEORI HUKUM DI INDONESIA

Authors: Any Farida

Abstract

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Number of views: 2090

Three legal origin theories of Indonesia have influenced the development of study and practice of law in Indonesia, whether in its thought, creation, implementation, and enforcement. Those three theories are Mochtar Kusumaatmadja’s Developmental Legal Theory, Satjipto Rahardjo‘s Progressive Legal Theory and Romli Atmasasmita’s Integrative Legal Theory. Developmental Legal Theory has been criticized by Progressive Legal Theory and Integrative Legal Theory which rebuilds both Developmental Legal Theory and Progressive Legal Theory. It proves that a theory is built based on previous theories. Viewing these theories (the Developmental Legal Theory, Progressive Legal Theory and Integrative Legal Theory) from corvergence point generates Legal Theory of Five Principles known as Pancasila. All these theories are based on living law in society and primordial values of Indonesian, which are the values of Pancasila as peculiar of social life and volkgeist. Legal Theory of Pancasila is a legal theory based on the values of Pancasila as ontological, epistemological and axiological foundation.

70-82
PERTANGGUNGJAWABAN ORGAN YAYASAN TERHADAP KERUGIAN BIDANG PENDIDIKAN DI INDONESIA

Authors: Shanti Wulandari

Abstract

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Number of views: 1896

To set up a foundation and hide behind the status of foundation legal entities, which is not only used as means to develop social, religious, humanitarian activities but also to enrich the Founders, Administrators, and Supervisors themselves is considered as institutional abuse. Many problems also arise in line with the tendency, either issues related to the Foundation’s activities deviating from the purposes and objectives as listed in the Articles of Association, disputes between the Administrators with Founders or other parties, or allegations stating that the foundation is used to accommodate the wealth coming from the founders or others obtained unlawfully. The problem cannot be resolved legally for the inadequate understanding and knowledge from the public on the existence of positive law regarding the Foundation as its juridical basis of settlement. Besides, it is vitally required that the educational foundation possess supervisory agencies toward its establishment and operation.