Pub Date : 1900-01-01DOI: 10.2991/assehr.k.200306.220
Desi Apriani, Toto Tohir Suriaatmadja, Syafrinaldi
Indonesian business competition law is contained in Act Number 5 Year 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition. One of the backgrounds of the birth of this Act was the pressure of the IMF (International Monetary Fund) as part of Letter of Intent (LOI) at that time. As a result, the embodiment of Islamic values in the drafting of the Law has not been carried out at all. This can be seen from the provisions of the exception of Article 50 especially exceptions to small businessman. This research is juridical normative research by qualitative analytical method, and the data that the author use is secondary data consisting of primary and secondary legal materials. Ideal law is a law that is created in accordance with the noble values of its people, and should be accommodating the religious values embraced by the people. There is a need for the renewal of Indonesian business competition law by incorporating Islamic values in order to achieve Indonesian business competition law that reflects the values of Godliness, and at the same time can reflect the values of Pancasila Economic System.
{"title":"Building the Law of Indonesian Business Competition Based on Islamic Economic Principles","authors":"Desi Apriani, Toto Tohir Suriaatmadja, Syafrinaldi","doi":"10.2991/assehr.k.200306.220","DOIUrl":"https://doi.org/10.2991/assehr.k.200306.220","url":null,"abstract":"Indonesian business competition law is contained in Act Number 5 Year 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition. One of the backgrounds of the birth of this Act was the pressure of the IMF (International Monetary Fund) as part of Letter of Intent (LOI) at that time. As a result, the embodiment of Islamic values in the drafting of the Law has not been carried out at all. This can be seen from the provisions of the exception of Article 50 especially exceptions to small businessman. This research is juridical normative research by qualitative analytical method, and the data that the author use is secondary data consisting of primary and secondary legal materials. Ideal law is a law that is created in accordance with the noble values of its people, and should be accommodating the religious values embraced by the people. There is a need for the renewal of Indonesian business competition law by incorporating Islamic values in order to achieve Indonesian business competition law that reflects the values of Godliness, and at the same time can reflect the values of Pancasila Economic System.","PeriodicalId":276491,"journal":{"name":"Proceedings of the International Conference on Law, Governance and Islamic Society (ICOLGIS 2019)","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129542787","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 : 1900-01-01DOI: 10.2991/assehr.k.200306.191
L. A. H. Purba, Anna Erliyana
This paper analyzes waste management in DKI Jakarta. It aims to understand the opportunities that the DKI Jakarta government can increase investment by plastic waste management. The recycling business is one of the implementations of the circular economy in Indonesia. However, it will cause some problems without the right sorting process. This research is a doctrinal/normative legal research employing a statutory approach. Data collection involved library research, and the data were then analyzed qualitatively. Legal aspects in waste management in Indonesia refers to three levels, namely national, regional and local. Law enforcement in waste management is also an embodiment of the government and the regional government of DKI Jakarta, which requires producers to provide Temporary Shelter, Temporary Shelter of 3R (Reduce, Recycle, Reuse) and collection equipment for disaggregated waste.
{"title":"Legal Framework of Waste Management in Indonesia","authors":"L. A. H. Purba, Anna Erliyana","doi":"10.2991/assehr.k.200306.191","DOIUrl":"https://doi.org/10.2991/assehr.k.200306.191","url":null,"abstract":"This paper analyzes waste management in DKI Jakarta. It aims to understand the opportunities that the DKI Jakarta government can increase investment by plastic waste management. The recycling business is one of the implementations of the circular economy in Indonesia. However, it will cause some problems without the right sorting process. This research is a doctrinal/normative legal research employing a statutory approach. Data collection involved library research, and the data were then analyzed qualitatively. Legal aspects in waste management in Indonesia refers to three levels, namely national, regional and local. Law enforcement in waste management is also an embodiment of the government and the regional government of DKI Jakarta, which requires producers to provide Temporary Shelter, Temporary Shelter of 3R (Reduce, Recycle, Reuse) and collection equipment for disaggregated waste.","PeriodicalId":276491,"journal":{"name":"Proceedings of the International Conference on Law, Governance and Islamic Society (ICOLGIS 2019)","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129625730","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 : 1900-01-01DOI: 10.2991/assehr.k.200306.200
O. B. Gultom, B. Ginting, M. Lubis, T. D. Azwar, M. Pasaribu
To guarantee legal certainty by the Government, land registration is carried out for the entire territory of the Republic of Indonesia according to the provisions regulated by Government Regulations. The problem formulation in this study is how the land registration originating from inheritance in Indonesia since the enactment of PMA No. 3 of 1997 is implemented. This study used a legal research method with a normative juridical approach. Data collected through literature were then analyzed qualitatively. The results show that the implementation of land registration originating from inheritance in Indonesia returned to the Dutch colonial era, by dividing the population of Indonesia into 3 (three) groups. By the overlapping of regulations, this ultimately led to no legal certainty in the registration of land originating from inheritance. Thus, the Notary experienced a dilemma in making inheritance certificates for all Indonesian citizens, due to the provisions of Article 111 PMA No. 3 of 1997. As for the suggestions, the Notary must provide legal counseling to the National Land Agency (BPN) relating to land registration originating from inheritance, so that the inheritance certificate made by a Notary for all groups is accepted by the National Land Agency.
{"title":"Legal Certainty in the Land Registration Process Originating from Inheritance","authors":"O. B. Gultom, B. Ginting, M. Lubis, T. D. Azwar, M. Pasaribu","doi":"10.2991/assehr.k.200306.200","DOIUrl":"https://doi.org/10.2991/assehr.k.200306.200","url":null,"abstract":"To guarantee legal certainty by the Government, land registration is carried out for the entire territory of the Republic of Indonesia according to the provisions regulated by Government Regulations. The problem formulation in this study is how the land registration originating from inheritance in Indonesia since the enactment of PMA No. 3 of 1997 is implemented. This study used a legal research method with a normative juridical approach. Data collected through literature were then analyzed qualitatively. The results show that the implementation of land registration originating from inheritance in Indonesia returned to the Dutch colonial era, by dividing the population of Indonesia into 3 (three) groups. By the overlapping of regulations, this ultimately led to no legal certainty in the registration of land originating from inheritance. Thus, the Notary experienced a dilemma in making inheritance certificates for all Indonesian citizens, due to the provisions of Article 111 PMA No. 3 of 1997. As for the suggestions, the Notary must provide legal counseling to the National Land Agency (BPN) relating to land registration originating from inheritance, so that the inheritance certificate made by a Notary for all groups is accepted by the National Land Agency.","PeriodicalId":276491,"journal":{"name":"Proceedings of the International Conference on Law, Governance and Islamic Society (ICOLGIS 2019)","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124436499","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 : 1900-01-01DOI: 10.2991/assehr.k.200306.195
Nouvan Moulia
In Article 37 Paragraph (1) Aceh Qanun Number 6 of 2014 on Jinayat Law mentioned that the moslems who confess of doing zina then their confession is considered as the request to be sentenced with zina punishment. However in its practice, the researcher finds out that some verdicts decided by Sharia Court Banda Aceh, the defendant who testifies/confesses of zina is sentenced with tazir punishment, not hudud punishment. The main purpose of this study is to find out the answer based on Islamic shariah regarding the provision of jarimah zina verification with the defendant's statement and the consequence that will be certified by the defendant when hudud punishment is applied. The research employs a descriptive-comparative analysis method. Based on the study on 55 verdicts of jarimah ikhtilat decided by the Sharia Court of Banda Aceh, the researcher found that there were 12 verdicts in which the defendants stated that they had committed to zina before they got caught, however they were sentenced with jarimah ikhtilath article not jarimah zina article. Whereas, referring to normative fiqh provisions, they suppose to be sentenced with hudud punishment in the world in order to abort the punishment in the afterlife.
{"title":"The Position of Defendant’s Statement in the Proof of Adultery Case (The Analysis of Syar’iyah Court Verdict Banda Aceh)","authors":"Nouvan Moulia","doi":"10.2991/assehr.k.200306.195","DOIUrl":"https://doi.org/10.2991/assehr.k.200306.195","url":null,"abstract":"In Article 37 Paragraph (1) Aceh Qanun Number 6 of 2014 on Jinayat Law mentioned that the moslems who confess of doing zina then their confession is considered as the request to be sentenced with zina punishment. However in its practice, the researcher finds out that some verdicts decided by Sharia Court Banda Aceh, the defendant who testifies/confesses of zina is sentenced with tazir punishment, not hudud punishment. The main purpose of this study is to find out the answer based on Islamic shariah regarding the provision of jarimah zina verification with the defendant's statement and the consequence that will be certified by the defendant when hudud punishment is applied. The research employs a descriptive-comparative analysis method. Based on the study on 55 verdicts of jarimah ikhtilat decided by the Sharia Court of Banda Aceh, the researcher found that there were 12 verdicts in which the defendants stated that they had committed to zina before they got caught, however they were sentenced with jarimah ikhtilath article not jarimah zina article. Whereas, referring to normative fiqh provisions, they suppose to be sentenced with hudud punishment in the world in order to abort the punishment in the afterlife.","PeriodicalId":276491,"journal":{"name":"Proceedings of the International Conference on Law, Governance and Islamic Society (ICOLGIS 2019)","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129713887","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}
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