Pub Date : 2020-01-31DOI: 10.28946/SLREV.VOL4.ISS2.294.PP79-90
James Gregory Alcaraz Villasis
The arbitrability of anti-competition disputes in the Philippines remains to be tested. It is since the Philippine Competition Act is relatively at its infancy, and cases are yet to be brought before the courts. This area entails much complexity considering that competition disputes are by nature imbued with public policy concerns, a mandatory exception for arbitration. This paper aims to examine the arbitrability of competition disputes under the Philippine domestic arbitration regime. After conducting an examination of cases and literature both in the Philippines and abroad, the paper argues that the Philippines may consider the US and French positions as to the arbitrability of competition disputes despite the presence of various public policy concerns. The public policy issues should only be taken into consideration when an arbitral award is brought before judicial bodies for recognition and enforcement and should not bar domestic arbitral bodies from taking cognizance of these disputes. It is to accommodate the state policy regarding alternative means of settling disputes such as arbitration in rendering speedy administration of justice. Whenever an award is granted, the same will be subject to court's intervention for recognition with due respect to the public policy concerns. In so doing, arbitration is being promoted without sacrificing the competition law policy of the Philippines.
{"title":"Public Policy Defense and the Arbitrability of Competition Disputes Under the Philippine Arbitration Regime","authors":"James Gregory Alcaraz Villasis","doi":"10.28946/SLREV.VOL4.ISS2.294.PP79-90","DOIUrl":"https://doi.org/10.28946/SLREV.VOL4.ISS2.294.PP79-90","url":null,"abstract":"The arbitrability of anti-competition disputes in the Philippines remains to be tested. It is since the Philippine Competition Act is relatively at its infancy, and cases are yet to be brought before the courts. This area entails much complexity considering that competition disputes are by nature imbued with public policy concerns, a mandatory exception for arbitration. This paper aims to examine the arbitrability of competition disputes under the Philippine domestic arbitration regime. After conducting an examination of cases and literature both in the Philippines and abroad, the paper argues that the Philippines may consider the US and French positions as to the arbitrability of competition disputes despite the presence of various public policy concerns. The public policy issues should only be taken into consideration when an arbitral award is brought before judicial bodies for recognition and enforcement and should not bar domestic arbitral bodies from taking cognizance of these disputes. It is to accommodate the state policy regarding alternative means of settling disputes such as arbitration in rendering speedy administration of justice. Whenever an award is granted, the same will be subject to court's intervention for recognition with due respect to the public policy concerns. In so doing, arbitration is being promoted without sacrificing the competition law policy of the Philippines.","PeriodicalId":32073,"journal":{"name":"Sriwijaya Law Review","volume":"26 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87045274","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 : 2020-01-31DOI: 10.28946/SLREV.VOL4.ISS2.347.PP91-108
Udin Silalahi, Priskilla Chrysentia
Tender conspiracy is one of the anti-competition acts prohibited under Article 22 Law No. 5 of 1999 on Prohibition of Monopolistic Practices and Unfair Business Competition. As one of the violations which are almost always injurious, tender conspiracy is only regulated by a rule of reasonable approach giving an interpretation room of the consequences of the violation. The tender conspiracy is also proven conducted by reported parties in the case that it had been decided by KPPU, such as in the KPPU Decision Number 06/KPPU-L/2015. The questions arising in connection with the rampant practices of tender conspiracy are how they regulate in the applicable law and how KPPU decides on the practice of tender conspiracy in the case concerned with the law. The aim is to examine the causes of the rampant practice of tender conspiracy in relation to the regulations governing it, as well as to review the KPPU's decision on real tender conspiracy case. For this reason, this research is normative legal research with qualitative analysis techniques on secondary data and uses the statute approach, and case approaches. The results of the study indicate that Article 22 is not sufficient yet to regulate the prohibition of tender conspiracy and often leads to multi-interpretation. the KPPU decided that there is a horizontal conspiracy among defendantsindetermining of the tender winner
投标串谋是1999年《禁止垄断行为和不正当商业竞争法》第22条所禁止的反竞争行为之一。作为一种几乎总是有害的违法行为，投标串谋仅受合理做法规则的管制，为违法行为的后果提供了解释空间。在由KPPU决定的情况下，如KPPU第06/KPPU- l /2015号决定，投标串谋也被报告方证明是进行的。投标串谋行为的猖獗所引起的问题是如何在适用法律中加以规范，以及KPPU如何在涉及法律的情况下对投标串谋行为作出裁决。目的是研究投标串谋行为猖獗的原因，并与规范有关，以及审查KPPU对真实投标串谋案件的决定。因此，本研究是规范性的法律研究，采用二手数据的定性分析技术，并采用法规方法和案例方法。研究结果表明，第22条尚不足以规范投标串谋的禁止，往往导致多重解释。KPPU认为，被告之间存在横向阴谋，以决定中标者
{"title":"Tender Conspiracy Under KPPU Decision and Prohibition of Monopolistic Practices Act","authors":"Udin Silalahi, Priskilla Chrysentia","doi":"10.28946/SLREV.VOL4.ISS2.347.PP91-108","DOIUrl":"https://doi.org/10.28946/SLREV.VOL4.ISS2.347.PP91-108","url":null,"abstract":"Tender conspiracy is one of the anti-competition acts prohibited under Article 22 Law No. 5 of 1999 on Prohibition of Monopolistic Practices and Unfair Business Competition. As one of the violations which are almost always injurious, tender conspiracy is only regulated by a rule of reasonable approach giving an interpretation room of the consequences of the violation. The tender conspiracy is also proven conducted by reported parties in the case that it had been decided by KPPU, such as in the KPPU Decision Number 06/KPPU-L/2015. The questions arising in connection with the rampant practices of tender conspiracy are how they regulate in the applicable law and how KPPU decides on the practice of tender conspiracy in the case concerned with the law. The aim is to examine the causes of the rampant practice of tender conspiracy in relation to the regulations governing it, as well as to review the KPPU's decision on real tender conspiracy case. For this reason, this research is normative legal research with qualitative analysis techniques on secondary data and uses the statute approach, and case approaches. The results of the study indicate that Article 22 is not sufficient yet to regulate the prohibition of tender conspiracy and often leads to multi-interpretation. the KPPU decided that there is a horizontal conspiracy among defendantsindetermining of the tender winner","PeriodicalId":32073,"journal":{"name":"Sriwijaya Law Review","volume":"23 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89366369","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 : 2020-01-31DOI: 10.28946/SLREV.VOL4.ISS2.295.PP109-123
Holijah Holijah
Weak supervision on the standardization of the quality of goods products, the negative impact of the use of technology, and fraudulent products cause an increase in hidden defective goods products in the current era of globalization. The phenomenon of the existence of hidden defective products increasingly demanding the importance of the role of government to regulate, supervise and control to create a legal construction of product responsibility for consumers, which normatively does not exist yet. The concept of consumer protection due to hidden defective goods is a new thing that has never been explained in Indonesian literature. The purpose of this paper is to analyze the hidden defective products phenomenon, and the legal basis on the principle of responsibility is applied. Strict liability of produces due to loss of hidden defective goods products as an effort to protect consumers in Indonesia. This research uses the normative analysis method by using secondary data as primary data through the statute approach, philosophical approach, and historical approach. The results of this study show the importance of legal products that can provide consumer rights without reducing the rights of produces. The need for a legal basis for the product liability principle with the principle of strict liability to claim the responsibility of a produces through developing the doctrine of tort as a basis for demanding compensation due to hidden defective goods from the outstanding produces on the market. For this reason, it is recommended as a consideration, namely normative amendment to the law of the Republic of Indonesia number 8 of 1999 concerning consumer protection as a short-term step, while the long-term step is to issue a special law that regulates the absolute responsibility of produces due to loss of defective products hidden in the future.
{"title":"Strict Liability Principle: Consumer Protection from Hidden Defective Products in Indonesia","authors":"Holijah Holijah","doi":"10.28946/SLREV.VOL4.ISS2.295.PP109-123","DOIUrl":"https://doi.org/10.28946/SLREV.VOL4.ISS2.295.PP109-123","url":null,"abstract":"Weak supervision on the standardization of the quality of goods products, the negative impact of the use of technology, and fraudulent products cause an increase in hidden defective goods products in the current era of globalization. The phenomenon of the existence of hidden defective products increasingly demanding the importance of the role of government to regulate, supervise and control to create a legal construction of product responsibility for consumers, which normatively does not exist yet. The concept of consumer protection due to hidden defective goods is a new thing that has never been explained in Indonesian literature. The purpose of this paper is to analyze the hidden defective products phenomenon, and the legal basis on the principle of responsibility is applied. Strict liability of produces due to loss of hidden defective goods products as an effort to protect consumers in Indonesia. This research uses the normative analysis method by using secondary data as primary data through the statute approach, philosophical approach, and historical approach. The results of this study show the importance of legal products that can provide consumer rights without reducing the rights of produces. The need for a legal basis for the product liability principle with the principle of strict liability to claim the responsibility of a produces through developing the doctrine of tort as a basis for demanding compensation due to hidden defective goods from the outstanding produces on the market. For this reason, it is recommended as a consideration, namely normative amendment to the law of the Republic of Indonesia number 8 of 1999 concerning consumer protection as a short-term step, while the long-term step is to issue a special law that regulates the absolute responsibility of produces due to loss of defective products hidden in the future.","PeriodicalId":32073,"journal":{"name":"Sriwijaya Law Review","volume":"12 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75853003","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 : 2020-01-31DOI: 10.28946/SLREV.VOL4.ISS2.298.PP41-51
H. Helmi, Fauzi Syam, Harry Setya Setya Nugraha, Retno Kusniati
The debate on the absolute competency of the State Administrative Court in Indonesia to set the dispute over the State Financial Losses Report (LHPKKN) is proved to have caused dissenting opinion. The judgments between one administrative court to other court in Indonesia cause main problem of achieving justice and legal certainty. This research examines the issue of absolute competence of the Administrative Court in adjudicating disputes on the State Financial Losses Report published by the Financial and Development Monitoring Agency (BPKP). This article uses normative legal research and implement the statute approach, conceptual approach, and case approach. These approaches are used to discern and analyze several related legal materials or documents scientifically. The aims and objectives of this research are to find a legal solution on how this classic issue has to be approached and solved. As a result, it is found through this article that the Administrative Court has absolute competence in deciding disputes on the Report on the Calculation of State Financial Losses issued by the Financial and Development Monitoring Agency, which is supported by several fundamental reasons.
{"title":"The Competency of Administrative Court in Adjudicating State Financial Losses Report Dispute in Indonesia","authors":"H. Helmi, Fauzi Syam, Harry Setya Setya Nugraha, Retno Kusniati","doi":"10.28946/SLREV.VOL4.ISS2.298.PP41-51","DOIUrl":"https://doi.org/10.28946/SLREV.VOL4.ISS2.298.PP41-51","url":null,"abstract":"The debate on the absolute competency of the State Administrative Court in Indonesia to set the dispute over the State Financial Losses Report (LHPKKN) is proved to have caused dissenting opinion. The judgments between one administrative court to other court in Indonesia cause main problem of achieving justice and legal certainty. This research examines the issue of absolute competence of the Administrative Court in adjudicating disputes on the State Financial Losses Report published by the Financial and Development Monitoring Agency (BPKP). This article uses normative legal research and implement the statute approach, conceptual approach, and case approach. These approaches are used to discern and analyze several related legal materials or documents scientifically. The aims and objectives of this research are to find a legal solution on how this classic issue has to be approached and solved. As a result, it is found through this article that the Administrative Court has absolute competence in deciding disputes on the Report on the Calculation of State Financial Losses issued by the Financial and Development Monitoring Agency, which is supported by several fundamental reasons.","PeriodicalId":32073,"journal":{"name":"Sriwijaya Law Review","volume":"34 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85835149","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 : 2020-01-31DOI: 10.28946/SLREV.VOL4.ISS2.119.PP124-135
Usmawadi Usmawadi
Indonesia is one of the producers of tuna and tuna species (tuna, skipjack, and mackerel tuna), which are increasing every year. Its geographical location and area of its many Exclusive Economic Zones (EEZs) bordering many neighboring countries, requires Indonesia to implement the CLS 1982 provisions on far-migratory fish. In this connection, Indonesia implements two forms. Firstly, in the form of legislation, which Indonesia has issued about 17 regulations, starting from the level of the Law to the Ministerial Regulation. Secondly, Indonesia has been active as a member of regional fisheries organizations whose territory borders on the Indonesian EEZ. Consequently, from the issuance of this Ministerial Regulation, Indonesia must carry out fisheries monitoring on board, to meet the higher quality data needs. So that Indonesia is faced with carrying out monitoring on fishing vessels operating in the convention area of the RFMOs, namely the Indian Ocean Tuna Commission, the Commission for Southern Blue Fin Tuna Conservation, and the Central and Western Pacific Fisheries Commission. In order to optimize this implementation, Indonesia needs to prepare officials, facilities, and infrastructure that can support the compliance and enforcement of legislation that has been issued. Indonesia should immediately formulate fisheries policies in the high seas outside the Indonesian EEZ, which involve and benefit Indonesian fishermen.
{"title":"Implementation of the UNCLOS 1982 in Utilization of Highly Migratory Species By Indonesia","authors":"Usmawadi Usmawadi","doi":"10.28946/SLREV.VOL4.ISS2.119.PP124-135","DOIUrl":"https://doi.org/10.28946/SLREV.VOL4.ISS2.119.PP124-135","url":null,"abstract":"Indonesia is one of the producers of tuna and tuna species (tuna, skipjack, and mackerel tuna), which are increasing every year. Its geographical location and area of its many Exclusive Economic Zones (EEZs) bordering many neighboring countries, requires Indonesia to implement the CLS 1982 provisions on far-migratory fish. In this connection, Indonesia implements two forms. Firstly, in the form of legislation, which Indonesia has issued about 17 regulations, starting from the level of the Law to the Ministerial Regulation. Secondly, Indonesia has been active as a member of regional fisheries organizations whose territory borders on the Indonesian EEZ. Consequently, from the issuance of this Ministerial Regulation, Indonesia must carry out fisheries monitoring on board, to meet the higher quality data needs. So that Indonesia is faced with carrying out monitoring on fishing vessels operating in the convention area of the RFMOs, namely the Indian Ocean Tuna Commission, the Commission for Southern Blue Fin Tuna Conservation, and the Central and Western Pacific Fisheries Commission. In order to optimize this implementation, Indonesia needs to prepare officials, facilities, and infrastructure that can support the compliance and enforcement of legislation that has been issued. Indonesia should immediately formulate fisheries policies in the high seas outside the Indonesian EEZ, which involve and benefit Indonesian fishermen.","PeriodicalId":32073,"journal":{"name":"Sriwijaya Law Review","volume":"6 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89096039","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 : 2020-01-31DOI: 10.28946/SLREV.VOL4.ISS2.428.PP9-22
A. Ajeti
The purpose of this scientific paper is to handle in detail the main issues concerning the right to use legal remedies by the parties against court decisions. The right to use legal remedies against court decisions is recognized as one of the fundamental rights of litigants in the civil contested procedure. Due to the importance of using legal remedies in this procedure and other court proceedings, the right to use legal remedies is also foreseen by legal acts. We emphasize this because the right to use legal remedies is guaranteed by the Universal Declaration of Human Rights of 1948, by the European Convention on Human Rights of 1950. Also, the right to use legal remedies is guaranteed through the Constitution of the Republic of Kosovo of 2008 as one of the fundamental human rights. In contrast, the procedure, according to appealing means, has been regulated by the Law on Contested Procedure of Kosovo 2008. The main idea of this scientific paper is to clarify the right of parties to use legal remedies and what are legal remedies to this procedure. The results of handling consist of understanding the importance of legal remedies, in which cases legal remedies may be submitted, and their impact in exercising the right of litigants in order to provide protection to the legal interests of the parties. In this scientific paper have been conducted handlings concerning the right to use legal remedies, types of appealing means, ordinary legal remedies, and extraordinary legal remedies. This scientific paper is based on applicable legislation, judicial practice, and legal doctrine. In this paper are also given conclusions regarding the right to use legal remedies against court decisions in the contested procedure.
{"title":"The Right to Use Legal Remedies Against Court Decisions in Contested Procedure","authors":"A. Ajeti","doi":"10.28946/SLREV.VOL4.ISS2.428.PP9-22","DOIUrl":"https://doi.org/10.28946/SLREV.VOL4.ISS2.428.PP9-22","url":null,"abstract":"The purpose of this scientific paper is to handle in detail the main issues concerning the right to use legal remedies by the parties against court decisions. The right to use legal remedies against court decisions is recognized as one of the fundamental rights of litigants in the civil contested procedure. Due to the importance of using legal remedies in this procedure and other court proceedings, the right to use legal remedies is also foreseen by legal acts. We emphasize this because the right to use legal remedies is guaranteed by the Universal Declaration of Human Rights of 1948, by the European Convention on Human Rights of 1950. Also, the right to use legal remedies is guaranteed through the Constitution of the Republic of Kosovo of 2008 as one of the fundamental human rights. In contrast, the procedure, according to appealing means, has been regulated by the Law on Contested Procedure of Kosovo 2008. The main idea of this scientific paper is to clarify the right of parties to use legal remedies and what are legal remedies to this procedure. The results of handling consist of understanding the importance of legal remedies, in which cases legal remedies may be submitted, and their impact in exercising the right of litigants in order to provide protection to the legal interests of the parties. In this scientific paper have been conducted handlings concerning the right to use legal remedies, types of appealing means, ordinary legal remedies, and extraordinary legal remedies. This scientific paper is based on applicable legislation, judicial practice, and legal doctrine. In this paper are also given conclusions regarding the right to use legal remedies against court decisions in the contested procedure.","PeriodicalId":32073,"journal":{"name":"Sriwijaya Law Review","volume":"32 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85374101","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 : 2020-01-31DOI: 10.28946/SLREV.VOL4.ISS2.221.PP1-8
Muhammad Nasir, W. Dahalan, Harun Harun, Phoenna Ath Thariq
In the unilateral claim, every determination of a territory is the right of a sovereign state and does not require agreement with international organizations or other countries. Especially regarding the borders of a country, many international regulations require a joint determination (bilateral or multilateral). The norm will impact the absence of responses from another country, or such a country does not react because its interests were not disturbed. China's unilateral statement over the South China Sea has tried to dominate globally, and at the same time, there has been no stabilization of peace. It will likely continue, expand, and have long-term adverse impacts on the regional economic and security situation in the region. China's unilateral claims in the South China Sea have also resulted in other warring countries, strengthening their presence and claims. This research uses normative approach which examines the unilateral claims under international law in the South China Sea especially in the UNCLOS 1982 and other related international law instruments. As a result, for China, it is necessary to improve its current position, at least it needs to negotiate in the future. Countries which is involved in the South China Sea should clarify and submit territorial claims and maritime rights under international law, including the UNCLOS 1982.
{"title":"Unilateral Claim in Dispute of Island Over the South China Sea","authors":"Muhammad Nasir, W. Dahalan, Harun Harun, Phoenna Ath Thariq","doi":"10.28946/SLREV.VOL4.ISS2.221.PP1-8","DOIUrl":"https://doi.org/10.28946/SLREV.VOL4.ISS2.221.PP1-8","url":null,"abstract":"In the unilateral claim, every determination of a territory is the right of a sovereign state and does not require agreement with international organizations or other countries. Especially regarding the borders of a country, many international regulations require a joint determination (bilateral or multilateral). The norm will impact the absence of responses from another country, or such a country does not react because its interests were not disturbed. China's unilateral statement over the South China Sea has tried to dominate globally, and at the same time, there has been no stabilization of peace. It will likely continue, expand, and have long-term adverse impacts on the regional economic and security situation in the region. China's unilateral claims in the South China Sea have also resulted in other warring countries, strengthening their presence and claims. This research uses normative approach which examines the unilateral claims under international law in the South China Sea especially in the UNCLOS 1982 and other related international law instruments. As a result, for China, it is necessary to improve its current position, at least it needs to negotiate in the future. Countries which is involved in the South China Sea should clarify and submit territorial claims and maritime rights under international law, including the UNCLOS 1982.","PeriodicalId":32073,"journal":{"name":"Sriwijaya Law Review","volume":"24 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73770542","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 : 2020-01-31DOI: 10.28946/SLREV.VOL4.ISS2.452.PP23-40
Rycko Amelza Dahniel
Rational bureaucratic models in various organizational contexts can no longer be implemented as originally designed because of the interaction of cultural locality, including in city-level police organizations. Services to the community in the District of Sukabumi cannot be implementedappropriately. It is because there are three problems, namely the absence of detailed and transparent rules, the lack of material and budget support, and the functional relationship between the police and the community, which is influenced by the dominant local culture. This research investigates the variety of features of cultural locality in the bureaucracy of Sukabumi ResortPolice through a qualitative approach.The source of research data is determined purposively and snowball based on an emic approach to get social phenomena that occur. Data mining is carried out in the form of complete participant observation, interviews, and document studies. The results of the research revealed that the bureaucracy in resort police is characterized by a unique hierarchical chain and unity of command through and carried out by superiors, specialization into functions, regulations and organizational policies, standard procedures for each job, career coaching structure, and impersonal relationships. In addition, the cultural context and locality of the Sukabumi community, which is thick with Sundanese culture, become a social convention which is manifested in activities, actions, and ways of thinking. These manifestations are based on friendship, mutual assistance and respect, respect for parents, deliberation in solving social problems that refer to the culture of diriungkeun by using religious figures, preachers, and ajengan as primordial charismatic figures.Cultural context and locality are believed to have influenced the bureaucratic style so that the rational bureaucracy cannot be fully implemented but must adopt local culture.
{"title":"Cultural Locality and Bureaucracy on the Sukabumi City Police Command","authors":"Rycko Amelza Dahniel","doi":"10.28946/SLREV.VOL4.ISS2.452.PP23-40","DOIUrl":"https://doi.org/10.28946/SLREV.VOL4.ISS2.452.PP23-40","url":null,"abstract":"Rational bureaucratic models in various organizational contexts can no longer be implemented as originally designed because of the interaction of cultural locality, including in city-level police organizations. Services to the community in the District of Sukabumi cannot be implementedappropriately. It is because there are three problems, namely the absence of detailed and transparent rules, the lack of material and budget support, and the functional relationship between the police and the community, which is influenced by the dominant local culture. This research investigates the variety of features of cultural locality in the bureaucracy of Sukabumi ResortPolice through a qualitative approach.The source of research data is determined purposively and snowball based on an emic approach to get social phenomena that occur. Data mining is carried out in the form of complete participant observation, interviews, and document studies. The results of the research revealed that the bureaucracy in resort police is characterized by a unique hierarchical chain and unity of command through and carried out by superiors, specialization into functions, regulations and organizational policies, standard procedures for each job, career coaching structure, and impersonal relationships. In addition, the cultural context and locality of the Sukabumi community, which is thick with Sundanese culture, become a social convention which is manifested in activities, actions, and ways of thinking. These manifestations are based on friendship, mutual assistance and respect, respect for parents, deliberation in solving social problems that refer to the culture of diriungkeun by using religious figures, preachers, and ajengan as primordial charismatic figures.Cultural context and locality are believed to have influenced the bureaucratic style so that the rational bureaucracy cannot be fully implemented but must adopt local culture.","PeriodicalId":32073,"journal":{"name":"Sriwijaya Law Review","volume":"32 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85387347","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 : 2019-07-31DOI: 10.28946/SLREV.VOL3.ISS2.226.PP137-151
Birkah Latif, S. M. Noor, J. Sumardi, I. Irwansyah
The issue of trade and environment is always debatable. Degradation and damaging to the environment surge the countries in making comprehensive and multi-approach planning. This is based on the view that trade should not only count for profit but also carry out calculations and planning for the impacts and conditions when the business is carried out and after completion. The purpose of this paper is to find out whether the environment causes trade not to be carried out and to end economic growth and there is a solution to balance the environment and trade as prevention in both fields through environmental protection legal instruments. The first issue showed that trade that used to be a source of income that is the main target of countries, nevertheless, the unwise planning and also corrupt cases has made the trade become the trigger for environmental damage. This condition caused by a lack of awareness in law enforcement and even various corruption issues causing trade to become a threat, especially for the environment. The second issue arises, which is the mechanism in balancing trade and the environment to preserve the environment and encourage the country's economic growth by optimizing the implementation of environmental protection laws. This paper uses normative legal research methods by collecting data derived from the literature, legislation, articles, and cases that occur within countries. The result shows that more states and stakeholder using more technique on achieving a balance of trade and environment protection, with a pro-environment calculation, it is expected that trade will be carried out in parallel with environmental preservation.
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Pub Date : 2019-07-31DOI: 10.28946/SLREV.VOL3.ISS2.249.PP187-198
Sri Turatmiyah, M. Syaifuddin, Annalisa Yahanan, Febrian Febrian, Arfianna Novera
The research aims to analyze the factors why the Religious Court judges do not use their ex officio rights in divorce lawsuits. In divorce case, the defendant who does not have any knowledge about divorce laws generally does not ask for mut'ah and iddah to the plaintiff. The question of this research is what factors caused the judges of Religious Court in South Sumatera, especially Palembang and Kayuagung do not exercise the ex officio rights in determining the quality of mut'ah and iddah due to divorce. This research used normative juridical method with empirical juridical through statute approach and case approach. The results show that during 2017 the Religious Court of Palembang used only once its ex officio rightwhile the Religious Court of Kayuagung did it three times. The reasons are: the judges grant only the petitum of the petitioner solely for the reason that the defendant party does not file a counter-claim, in which judge’s reasoning is based on Article 178 paragraph (3) HIR/189 paragraph (3) RBG that the judge is prohibited from giving a verdict which is more than being petitioned known as the ultra petitum partium, the wife's side as the defendant never attended the hearing, the wife never gave an answer or response to the argument in the application of the plaintiff, the wife was not present in the verdict (verstek), the wife of nusyuz, (does not do her duties as wife) the husband is economically insufficient, the wife does not want to demand the maintenance of mut'ah and iddah, the judge sees the causality. This study suggests that judges should exercise their ex officio rights and give advice as well sufficient information to the wife in order to fulfill her rights and interests as the result of the divorce.
{"title":"Does Judge Has Ex Officio Rights In determining Mut’ah and Iddah?","authors":"Sri Turatmiyah, M. Syaifuddin, Annalisa Yahanan, Febrian Febrian, Arfianna Novera","doi":"10.28946/SLREV.VOL3.ISS2.249.PP187-198","DOIUrl":"https://doi.org/10.28946/SLREV.VOL3.ISS2.249.PP187-198","url":null,"abstract":"The research aims to analyze the factors why the Religious Court judges do not use their ex officio rights in divorce lawsuits. In divorce case, the defendant who does not have any knowledge about divorce laws generally does not ask for mut'ah and iddah to the plaintiff. The question of this research is what factors caused the judges of Religious Court in South Sumatera, especially Palembang and Kayuagung do not exercise the ex officio rights in determining the quality of mut'ah and iddah due to divorce. This research used normative juridical method with empirical juridical through statute approach and case approach. The results show that during 2017 the Religious Court of Palembang used only once its ex officio rightwhile the Religious Court of Kayuagung did it three times. The reasons are: the judges grant only the petitum of the petitioner solely for the reason that the defendant party does not file a counter-claim, in which judge’s reasoning is based on Article 178 paragraph (3) HIR/189 paragraph (3) RBG that the judge is prohibited from giving a verdict which is more than being petitioned known as the ultra petitum partium, the wife's side as the defendant never attended the hearing, the wife never gave an answer or response to the argument in the application of the plaintiff, the wife was not present in the verdict (verstek), the wife of nusyuz, (does not do her duties as wife) the husband is economically insufficient, the wife does not want to demand the maintenance of mut'ah and iddah, the judge sees the causality. This study suggests that judges should exercise their ex officio rights and give advice as well sufficient information to the wife in order to fulfill her rights and interests as the result of the divorce.","PeriodicalId":32073,"journal":{"name":"Sriwijaya Law Review","volume":"435 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76496651","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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