Pub Date : 2018-09-07DOI: 10.30587/justiciabelen.v1i1.492
Fellista Ersyta Aji, Laga Sugiarto
The government is a legal subject that has little or no role in the survival of society. In performing its duties to serve the community, not infrequently the government issued a State Administrative Decision which is intended for certain communities. With the government issuing this, certainly not forever it is in accordance with existing regulations. Sometimes, decisions issued by the government actually even give the impact on harm to ordinary people. Then, with the administrative court and Act No. 5 of 1986 on Peratun, at least there are facilities for the public to sue the government and ask to cancel the decision made by the government. Then in Year 2014 came the Law No. 30 of 2014 on Government Administration. In this Government Administration Act more or less supersedes the provisions contained in the Law of the Peratun. Especially in this Law which attracts attention is the expansion of object disputes. The object of the TUN dispute in this Act is different from its elements to the Law of the Peratun. One of these is a written stipulation that includes factual action. There is no explanation for the meaning of factual acts in this Administrative Administration Act. Therefore, further research is needed in this regard
{"title":"PEMAKNAAN PERLUASAN OBJEK SENGKETA TATA USAHA NEGARA YANG MELIPUTI TINDAKAN FAKTUAL","authors":"Fellista Ersyta Aji, Laga Sugiarto","doi":"10.30587/justiciabelen.v1i1.492","DOIUrl":"https://doi.org/10.30587/justiciabelen.v1i1.492","url":null,"abstract":"The government is a legal subject that has little or no role in the survival of society. In performing its duties to serve the community, not infrequently the government issued a State Administrative Decision which is intended for certain communities. With the government issuing this, certainly not forever it is in accordance with existing regulations. Sometimes, decisions issued by the government actually even give the impact on harm to ordinary people. Then, with the administrative court and Act No. 5 of 1986 on Peratun, at least there are facilities for the public to sue the government and ask to cancel the decision made by the government. Then in Year 2014 came the Law No. 30 of 2014 on Government Administration. In this Government Administration Act more or less supersedes the provisions contained in the Law of the Peratun. Especially in this Law which attracts attention is the expansion of object disputes. The object of the TUN dispute in this Act is different from its elements to the Law of the Peratun. One of these is a written stipulation that includes factual action. There is no explanation for the meaning of factual acts in this Administrative Administration Act. Therefore, further research is needed in this regard","PeriodicalId":130993,"journal":{"name":"Jurnal Justiciabelen","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-09-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126425729","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-09-07DOI: 10.30587/JUSTICIABELEN.V1I1.491
Dodi Jaya Wardana
The effectiveness and urgency of the use of foreign workers in Indonesia is very effective and urgent to meet the needs of skilled and professional workforce in certain fields that can not be occupied by local workers and as a step in accelerating the process of national and regional development by accelerating the transfer of knowledge and technology and increase foreign investment in the presence of foreign workers as supporting development in Indonesia, although in reality companies in Indonesia, whether foreign or national private companies, must use the Indonesian experts themselves. The purpose of regulating foreign workers if viewed from the aspect of labor law is basically to guarantee and provide decent employment opportunities for Indonesian citizens in various fields and levels. So that in hiring foreign workers in Indonesia must be done through strict mechanisms and procedures starting with the selection and licensing procedures to supervision
{"title":"ASPEK HUKUM PEMERINTAHAN TERHADAP PENGGUNAAN TENAGA KERJA ASING DI INDONESIA DAN IMPLIKASINYA TERHADAP KEDAULATAN NEGARA","authors":"Dodi Jaya Wardana","doi":"10.30587/JUSTICIABELEN.V1I1.491","DOIUrl":"https://doi.org/10.30587/JUSTICIABELEN.V1I1.491","url":null,"abstract":"The effectiveness and urgency of the use of foreign workers in Indonesia is very effective and urgent to meet the needs of skilled and professional workforce in certain fields that can not be occupied by local workers and as a step in accelerating the process of national and regional development by accelerating the transfer of knowledge and technology and increase foreign investment in the presence of foreign workers as supporting development in Indonesia, although in reality companies in Indonesia, whether foreign or national private companies, must use the Indonesian experts themselves. The purpose of regulating foreign workers if viewed from the aspect of labor law is basically to guarantee and provide decent employment opportunities for Indonesian citizens in various fields and levels. So that in hiring foreign workers in Indonesia must be done through strict mechanisms and procedures starting with the selection and licensing procedures to supervision","PeriodicalId":130993,"journal":{"name":"Jurnal Justiciabelen","volume":"250 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-09-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134115434","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-09-06DOI: 10.30587/justiciabelen.v1i1.483
Devi Andani
This study aims to find out how legal force and consequence of batikmark as protection of batik products in Indonesia. The problem raised is: How legal force of batikmark as protection of batik products in Indonesia?; and Howconsequence of batikmark as protection of batik products in Indonesia? This study includes qualitative research with normative legal research typology. Research data was collected throught literature study, documents, and interviews. Then all data collectedwritten descriptively and analyzed qualitatively.The results of this study show that batikmark as protection of batik products in Indonesia have legal force like constitution. But, batikmark implemented for batik entrepreneurs in Indonesia not effective yet. Proven by the small number of batikmark certificates given by Balai Kerajinan dan Batik until September 2012. Furthermore, whwn viewed from batik entrepreneurs, batikmark implemented not effective yet because no sanctions have been imposed if batik entrepreneurs have not implemented batikmark. Consequence of batikmark there are legal of implemented batikmark is batik products are given quality assurance, throuhgt batikmark can increase consumer trust because batik quality has certain criteria; and batikmark as a differentiator between Indonesian batik or foreign batik. This study recommends the improvement and renewal rule of law of batikmark; socializayion and introduction to batikmark forbatik entrepreneurs in Indonesia.
本研究旨在了解印染标志在印尼作为蜡染产品保护的法律效力和后果。提出的问题是:蜡染标志作为蜡染产品保护在印尼的法律效力如何?蜡染标志作为蜡染产品保护在印尼的影响如何?本研究包括定性研究和规范性法律研究类型学。通过文献研究法、文献研究法和访谈法收集研究资料。然后将收集到的所有数据进行描述和定性分析。研究结果表明,印染标志作为印尼蜡染产品的保护具有宪法般的法律效力。但是,印染企业在印尼实施的印染标志尚未见效。由Balai Kerajinan dan Batik在2012年9月之前提供的少量蜡笔证书证明。此外,从蜡染企业家的角度来看,如果蜡染企业家没有实施蜡染标志,则没有实施制裁,因此实施的蜡染标志尚未生效。蜡染的后果是有法律实施的蜡染产品质量保证,因为蜡染的质量有一定的标准,所以整个蜡染都可以增加消费者的信任;以及作为区分印尼蜡染和外国蜡染的标志。本文建议完善和更新商标法;印尼蜡染企业家对蜡染的社会化和介绍。
{"title":"KEKUATAN HUKUM BATIKMARK SEBAGAI SARANA PERLINDUNGAN PRODUK BATIK DI INDONESIA","authors":"Devi Andani","doi":"10.30587/justiciabelen.v1i1.483","DOIUrl":"https://doi.org/10.30587/justiciabelen.v1i1.483","url":null,"abstract":"This study aims to find out how legal force and consequence of batikmark as protection of batik products in Indonesia. The problem raised is: How legal force of batikmark as protection of batik products in Indonesia?; and Howconsequence of batikmark as protection of batik products in Indonesia? This study includes qualitative research with normative legal research typology. Research data was collected throught literature study, documents, and interviews. Then all data collectedwritten descriptively and analyzed qualitatively.The results of this study show that batikmark as protection of batik products in Indonesia have legal force like constitution. But, batikmark implemented for batik entrepreneurs in Indonesia not effective yet. Proven by the small number of batikmark certificates given by Balai Kerajinan dan Batik until September 2012. Furthermore, whwn viewed from batik entrepreneurs, batikmark implemented not effective yet because no sanctions have been imposed if batik entrepreneurs have not implemented batikmark. Consequence of batikmark there are legal of implemented batikmark is batik products are given quality assurance, throuhgt batikmark can increase consumer trust because batik quality has certain criteria; and batikmark as a differentiator between Indonesian batik or foreign batik. This study recommends the improvement and renewal rule of law of batikmark; socializayion and introduction to batikmark forbatik entrepreneurs in Indonesia.","PeriodicalId":130993,"journal":{"name":"Jurnal Justiciabelen","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-09-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133475416","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}