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Legal Assistance by Advocates in Gender Mainstreaming: A Reflection 性别主流化倡导者的法律援助:反思
Pub Date : 2022-09-01 DOI: 10.22225/scj.5.2.2022.139-145
Anak Agung Sagung Laksmi Dewi
Gender mainstreaming has become one of the legal politics in Indonesia, this is in line with the nature contained in Law Number 17 of 2007 concerning National Long-Term Development of 2005-2025. Therefore, gender mainstreaming needs special attention in some of its supporting elements. One of the supporting elements is legal aid, as a form of preventive and repressive efforts in realizing gender equality in responding to discrimination that is often experienced by women in Indonesia. one of the supporters of these preventive and repressive efforts is legal aid which can normatively be carried out by advocates in Indonesia. This should be a common thread in the protection of women's rights and gender mainstreaming in Indonesia which is carried out through legal aid in Indonesia. When scrutinized again in the regulation regarding the concept of legal aid as stated in Law Number 18 of 2003 concerning Advocates and Law Number 16 of 2011 concerning Legal Aid, legal aid can only be given to “poor or incapable people”. Meanwhile, women are one of the people who are often in a cornered/unfavorable/marginalized position in physical, opportunity and social status. So that it becomes an urgent condition to expand the interpretation of “poor or incapable people” so that legal aid that is the obligation of advocates or legal aid providers can also include assistance to women in an effort to realize gender mainstreaming in Indonesia.
将性别观点纳入主流已成为印度尼西亚的法律政治之一,这符合关于2005-2025年国家长期发展的2007年第17号法律所载的性质。因此,将性别观点纳入主流需要在其一些支持要素方面给予特别关注。其中一个支持因素是法律援助,这是一种预防性和压制性的努力,旨在实现性别平等,以应对印度尼西亚妇女经常遭受的歧视。这些预防和镇压努力的支持者之一是法律援助,法律援助可以由印度尼西亚的倡导者规范地进行。这应该是印度尼西亚通过法律援助保护妇女权利和将性别观点纳入主流的共同主线。2003年关于辩护律师的第18号法律和2011年关于法律援助的第16号法律中关于法律援助概念的条例再次审查时,法律援助只能提供给“穷人或无能力的人”。与此同时,妇女是在身体、机会和社会地位方面往往处于走投无路/不利/边缘化地位的人之一。因此,迫切需要扩大对“穷人或无能力者”的解释,以便作为倡导者或法律援助提供者义务的法律援助也可以包括对妇女的援助,以努力在印度尼西亚实现性别主流化。
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引用次数: 1
The Criminal Liability for Debtors Who Provides Fake Letter to Creditors to Get Credit Criminal Liability 债务人向债权人提供虚假信函骗取信用刑事责任的刑事责任
Pub Date : 2022-08-08 DOI: 10.22225/scj.5.2.2022.146-153
Ni Made Umi Kartika Dewi
The issue described in this study is about which letters can be an objects of falsified by debtors to get credit from creditor and how is the debtors accountability for providing fake letters to creditors. The method used in this research is normative, which is emphasizes the gap in norms that occur, this normative analysis mainly using library materials and laws and regulations as the source of research material. The results shows that there are several letters that can be falsified, such as: Letter of Assignment, ID, Family Card, Pay Slip. The purpose is to show that the letter seems to come from someone other than the author (perpetrator) so it is called material forgery (material valsheid), the origin of the letter is fake. Then, the act of falsifying a letter is carried out by making unauthorized changes (without the rightful permission) in a letter or writing, regarding the signature or the contents. Criminal liability for debtors who provide fake letters to creditors is leading to criminal prosecution of the perpetrators, if they have violated the provisions of Article 263 of the Criminal Code and fulfill the elements of Article 263 of the Criminal Code and the ability to be responsible is an element of error, therefore to prove the element of error, then the element of responsibility must also be proven, however, to prove the existence of an element of accountability is very difficult and requires time and money, so in practice it is used that everyone is considered capable of being responsible unless there are signs that indicate otherwise.
本研究所描述的问题是,哪些信件可以成为债务人伪造以从债权人那里获得信贷的对象,以及债务人如何对向债权人提供虚假信件负责。本研究采用的方法是规范性的,即强调规范中出现的空白,本规范性分析主要以图书馆资料和法律法规为研究资料来源。结果表明,有几种信件是可以伪造的,如:派遣信、身份证、家庭卡、工资单。其目的是表明这封信似乎来自作者(肇事者)之外的其他人,因此被称为材料伪造(材料valshed),这封信的来源是假的。然后,伪造信件的行为是通过对信件或文字的签名或内容进行未经授权的更改(未经合法许可)来进行的。债务人向债权人提供虚假信件的刑事责任导致犯罪人受到刑事起诉,如果他们违反了《刑法》第263条的规定,并履行了《刑法典》第263款的要素,并且有责任能力是错误的要素,因此要证明错误的要素,那么责任要素也必须被证明,然而,要证明责任要素的存在是非常困难的,需要时间和金钱,所以在实践中,除非有其他迹象表明,否则每个人都被认为有能力承担责任。
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引用次数: 0
The Impact of Tourism Industry Development In Relation to Violations of Utilisation of Cliff Borders by Tourism Entrepreneurs 旅游业发展对旅游企业家利用悬崖边界的影响
Pub Date : 2022-07-30 DOI: 10.22225/scj.5.2.2022.126-132
Luh Putu Suryani, Ida Ayu Putu Widiati, Indah Permatasari
  It is undeniable that the development of the tourism industry can have both positive and negative impacts on the economic, socio-cultural and environmental sectors. In the context of Bali, development of tourism industry will certainly have impacts towards the development of tourism supporting facilities in the form of hotels, restaurants, entertainment and recreation and so on. The aims of this research are to examine the impacts of the development of the tourism industry in relation to violations of the utilisation of cliff borders by tourism entrepreneurs and the one that involves reconstruction of legal norms in accordance with the concept of sustainable tourism development. The research takes the type of empirical legal research. The results show that the existence of tourism supporting facilities on the cliff borders in turn brings about negative impacts on the environment. As a consequence, legal reconstruction is urgently needed by adding more detailed justifications related to the regulations regarding the cliff border areas. The legal reconstruction in question can be done by adding the provisions of Articles in Provincial and Regencial or Municipal Regulations, or can be executed through preparation or reconstruction of additional provisions of Articles in the Regencial or Municipal Spatial Detail Plan or through zoning regulations based on sustainable tourism development. 
不可否认,旅游业的发展对经济、社会文化和环境部门既有积极影响,也有消极影响。在巴厘岛的背景下,旅游业的发展必然会对酒店、餐厅、娱乐休闲等旅游配套设施的发展产生影响。本研究的目的是考察旅游业发展对旅游企业家违反悬崖边界使用的影响,以及根据可持续旅游发展概念重建法律规范的影响。本研究采用实证法学研究的形式。结果表明,悬崖边旅游配套设施的存在反过来又对环境产生了负面影响。因此,迫切需要通过增加与悬崖边界地区法规相关的更详细的理由来进行法律重建。有问题的法律重建可以通过增加《省、市条例》中的条款来完成,也可以通过编制或重建《市空间详细规划》中的额外条款来执行,或者通过基于可持续旅游发展的分区条例来执行。
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引用次数: 0
Legal Protection of Registered Brand Holders (A case study of the infringement of the Kaso brand light steel) 商标注册人的法律保护(以Kaso牌轻钢侵权为例)
Pub Date : 2022-07-30 DOI: 10.22225/scj.5.2.2022.86-90
Dionisius Purwo Sudarsono
  For companies that manufacture good products with registered trademarks that are known by the public, they definitely have good market shares. It is undeniable that many companies practice unfair business competition by imitating or using other parties’ registered trademarks to market their products. The objective of this research is to obtain a legal basis for trademark rights in Indonesian positive law and the implementation of legal protection for the holder of registered trademark of lightweight steel products under brand of "Kaso" from trademark infringement by other parties through a case study of lightweight steel brand counterfeiting. This type of this research is normative, which is legal research conducted through library research. The finding of the research indicates that the legal basis for the holder of registered trademark shall be Law No.20 of 2016 which provides 10 (ten) years of legal protection. The legal protection of registered trademarks includes the type of violation, the threat of punishment for the violation, granting the right to file a lawsuit with the Commercial Court, criminal charges for alleged trademark infringement through the Police and/or by choosing an alternative solution. 
对于那些生产注册商标为公众所知的好产品的公司来说,他们肯定有很好的市场份额。不可否认,许多公司通过模仿或使用他人的注册商标来营销其产品,从而实施不公平的商业竞争。本研究的目的是通过一个轻钢品牌假冒的案例研究,为印度尼西亚实证法中的商标权提供法律依据,并为“Kaso”品牌下的轻钢产品注册商标持有人免受他人商标侵权提供法律保护。这种类型的研究是规范性的,是通过图书馆研究进行的法律研究。研究结果表明,注册商标持有人的法律依据应为2016年第20号法律,该法律规定了10(十)年的法律保护。对注册商标的法律保护包括违法行为的类型、对违法行为的惩罚威胁、授予向商业法院提起诉讼的权利、通过警方和/或选择替代解决方案对涉嫌侵犯商标的刑事指控。
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引用次数: 0
Alternative Settlement of Dispute Results for the Election of Village Head to Realize Democracy in South Buton 南屯村村长选举实现民主的替代性争端解决结果
Pub Date : 2022-07-30 DOI: 10.22225/scj.5.2.2022.112-118
Indah Kusuma Dewi, Luh Putu Sudini, Hardin, Faais Mufaasir Ramadhan
  The emergence of prolonged Village Head Election Conflicts due to fanaticism and the harsh confrontation of supporters of the village head candidates who face to face fight for the victory of their respective candidates. Sometimes they even forget the value of democracy and undermine the ethical values ​​that have been embedded in village communities. The purpose of this study was to determine the resolution of the dispute over the election results of the Lawela Village Head in realizing democracy in South Buton and to find out the legal consequences of the South Buton Regent's decision on the cancellation of the results of the Lawela Village Head election, South Buton Regency. The method used in this research is normative juridical. The stages of the research method are preparation and administration, inventory of relevant laws and regulations, research, analysis of research results, preparation of research reports and Focus Group Discussion. Based on the above explanation, the legal consequence of the South Buton Regent's Decree Number 341 of 2019 concerning the Dispute Resolution of the Election Results of the Lawela Village Head, Batauga District, South Buton Regency in 2019 is that the results of the Lawela Village Head election in the Lawela Village Head Election become non-binding from the moment it is canceled or fixed. The legal consequences for the elected Village Head candidate in Lawela Village are being canceled as the elected Village Head candidate or as Lawela Village Head for the 2019-2015 periods and/or as the winner who has succeeded in obtaining the most votes based on the determination of the Lawela Village Head Election Committee in 2019.
由于狂热和村长候选人的支持者为争取各自候选人的胜利而面对面的激烈对抗,出现了旷日持久的村长选举冲突。有时他们甚至忘记了民主的价值,破坏了道德价值​​已经融入乡村社区。本研究的目的是确定在南布顿实现民主过程中关于拉韦拉村长选举结果的争议的解决方案,并找出南布顿摄政王关于取消南布顿县拉韦拉村村长选举结果决定的法律后果。本研究所使用的方法是规范司法的。研究方法的阶段是准备和管理、相关法律法规的盘点、研究、研究结果的分析、研究报告的编制和焦点小组讨论。基于上述解释,2019年第341号南布顿摄政令关于2019年南布顿县巴塔乌加区拉韦拉村长选举结果争议解决的法律后果是,拉韦拉村村长选举中的拉韦拉县长选举结果自取消或固定之时起不具约束力。拉韦拉村当选村长候选人的法律后果将被取消为2019-2015年期间的当选村长候选人或拉韦拉村长和/或根据拉韦拉村委会2019年的决定成功获得最多选票的获胜者。
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引用次数: 0
Circumstantial Evidence and Unfair Business Competition Practice: Is A Law Reform Necessary? 间接证据与不正当商业竞争行为:法律改革是否必要?
Pub Date : 2022-07-30 DOI: 10.22225/scj.5.2.2022.133-138
Salsalina Itha Karina, Ditha Wiradiputra
The use of circumstantial evidence in unfair business competition case investigations are regulated institutionally by the Commission for the Supervision of Business Competition.  However, due to the absence of regulation as a basis of its use in the Commercial Court and the Supreme Court, this practice remains questionable.  This article aims to analyze the issue regarding the use of circumstantial evidence in the Commercial Court and the Supreme Court in order to evaluate the urgency of a law reform to the existing competition law in Indonesia.  Based on the research, it was found that there are several issues on the practice, including (1) the absence of a law regarding the use of circumstantial evidence may result in a legal certainty; (2) different views regarding the practice result in inconsistencies in law enforcement; (3) this practice contradicts the principle of the due process model which is adopted in Indonesia.  A law that is constructed systematically is necessary to ensure the legal certainty of those who are trying to seek for justice, particularly related to the enforcement of competition law.
商业竞争监督委员会对不正当商业竞争案件调查中间接证据的使用进行了制度上的规范。然而,由于在商事法庭和最高法院中缺乏作为其使用基础的规定,这种做法仍然值得怀疑。本文旨在分析关于在商业法庭和最高法院使用间接证据的问题,以评估印度尼西亚现行竞争法的法律改革的紧迫性。通过研究发现,在实践中存在以下几个问题:(1)对间接证据使用的法律缺失可能导致法律确定性;(二)对实践有不同看法,导致执法不一致的;(3)这种做法与印度尼西亚采用的正当程序模式的原则相矛盾。系统构建的法律是必要的,以确保那些试图寻求正义的人的法律确定性,特别是与竞争法的执行有关。
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引用次数: 1
Administrative Accountability of the Indonesian Government in Environmental Management for Tourism Development 印尼政府在旅游发展环境管理中的行政问责制
Pub Date : 2022-07-30 DOI: 10.22225/scj.5.2.2022.119-125
Leonito Ribeiro, I Nyoman Gede Sugiartha
  A good and healthy living environment is the right of every Indonesian citizen as mandated in Article 28H of the 1945 Constitution of the Indonesian Republic. Unwise environmental management will aggravate the degradation of the environment, and therefore, improving the protection and management of the environment becomes necessary. Government accountability in environmental protection and management is a part of their public service function to ensure that people have a good and healthy environment. Thus, the puposes of this research are to examine the administrative accountability in environmental management for tourism development and to find a way to resolve legal consequences the government can face for its decision in environmental management in tourism development. This research is normative and empirical legal research and applied several approaches: statute approach, conceptual approach, philosophical approach, historical approach, comparative approach, case approach, and cultural approach based on local wisdom. The results show that the protection and management of the environment are efforts to take on a difficult responsibility, making environmental degradation more evident. Therefore, administrative law enforcement is the first step for the government to enforce the law immediately for environmental protection. The enforcement of administrative law and the integration of the values that grow in society in protecting and preserving the environment is ideal forms of wise environmental protection and management to realize tourism development. However, if the government fails to protect and manage the environment in developing tourism, the government can be held administratively accountable.
根据1945年《印度尼西亚共和国宪法》第28条h款的规定,良好和健康的生活环境是每个印度尼西亚公民的权利。不明智的环境管理会加剧环境的退化,因此,改善环境的保护和管理变得必要。政府在环境保护和管理方面的责任是其公共服务职能的一部分,以确保人民拥有良好和健康的环境。因此,本研究的目的是考察旅游发展环境管理中的行政问责,并找到一种方法来解决政府在旅游发展环境管理决策中可能面临的法律后果。本研究是规范性和经验性的法律研究,运用了成文法方法、概念方法、哲学方法、历史方法、比较方法、案例方法和基于地方智慧的文化方法。结果表明,环境的保护和管理是一项艰巨的责任,使环境恶化更加明显。因此,行政执法是政府为环境保护立即执法的第一步。通过行政法的执法和社会价值观念在保护和保存环境中的整合,是实现旅游发展的明智的环境保护和管理的理想形式。但是,如果政府在发展旅游业的过程中没有保护和管理好环境,政府可以被追究行政责任。
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引用次数: 0
Global Principles of Sustainable Tourism Development Ecological, Economic and Cultural 旅游业可持续发展的全球原则——生态、经济和文化
Pub Date : 2022-07-30 DOI: 10.22225/scj.5.2.2022.97-106
I Nyoman Nurjaya
  Indonesia is known as a country that has the beauty of the natural panorama of the sea and land and also invaluable cultural resources for the development of national tourism, in order to realizing the welfare and prosperity of the people as mandated by the1945 Constitution of the Republic of Indonesia. This research focus on discuss Global Principles of Sustainable Tourism Development and Sustainable Tourism Development Policy in Bali Province and to analyze the management of tourism destination in KSPN Kintamani-Lake Batur. This research is a normative legal research. The data used are primary and secondary data. The result explaine that the main economic sector in Bali, on the one hand, tourism performance is required to reduce the negative impact of tourism development. Nationally, with the enactment of Law Number 10 of 2009 concerning Tourism and Government Regulation Number 50 of 2011 concerning the National Tourism Development Master Plan (RIPKN), the Bali Provincial Government is required to prepare a Regional Tourism Development Master Plan (RIPKD) as stated in Bali Provincial Regulation No. 10 of 2015 concerning the Bali Provincial Tourism Development Master Plan for 2015-2029,  which contains visions, directions, and plans that direct the development of tourist areas in Bali.
印度尼西亚是一个拥有美丽的海洋和陆地自然景观的国家,也是发展国家旅游业的宝贵文化资源,以实现1945年《印度尼西亚共和国宪法》规定的人民福利和繁荣。本研究旨在探讨全球旅游业可持续发展原则与巴厘省旅游业可持续开发政策,并分析巴图尔湖旅游目的地的管理。本研究是一项规范性的法律研究。所使用的数据是主数据和辅助数据。研究结果表明,巴厘岛的主要经济部门,一方面需要旅游业的表现来减少旅游业发展的负面影响。在全国范围内,随着2009年关于旅游业的第10号法律和2011年关于国家旅游业发展总体规划的第50号政府条例的颁布,巴厘岛省政府需要根据2015年巴厘岛省第10号条例中关于2015-2029年巴厘岛旅游发展总体规划的规定,编制一份区域旅游发展总体计划(RIPKD),其中包含指导巴厘岛旅游区发展的愿景、方向和计划。
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引用次数: 0
Land Utilization, Perspectives, Implementation and the Problems in the Development of Sustain Able Tourism in the Global Era 全球时代可持续旅游发展中的土地利用、前景、实施与问题
Pub Date : 2022-07-30 DOI: 10.22225/scj.5.2.2022.91-96
I Gede Arya Bagus Wiranata
  Sustainable Tourism often watches videos and is echoed by tourism experts around the world. The aims of this research are to discuss the use of Land, Investment, Tourism, Local Wisdom and Globalization and to find out the problem of the availability of land in Bali. This study uses a normative research method by combining land and tourism regulations. The result of this research shows that Tourism activities require the conversion of land, land and resources. In the context of globalization, the presence of investors from one country to another is a necessity. The current problems related to land are exacerbated by the emergence of: (a) Globalization, (b) Socio-cultural changes, (c) orientation of shifting values towards materialistic (d) Changes in patterns and lifestyles increasingly towards consumerism, (e) Individualistic and hegemony personal.
可持续旅游经常观看视频,并得到世界各地旅游专家的响应。本研究的目的是探讨土地利用、投资、旅游、地方智慧和全球化,并找出巴厘岛土地可用性的问题。本研究采用规范性研究方法,结合土地和旅游法规。研究结果表明,旅游活动需要土地、土地和资源的转换。在全球化的背景下,从一个国家到另一个国家的投资者的存在是必要的。目前与土地有关的问题因以下方面的出现而加剧:(a)全球化,(b)社会文化变化,(c)价值观转向物质主义(d)模式和生活方式越来越向消费主义转变,(e)个人主义和个人霸权。
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引用次数: 0
Efforts to Resolve the Misuse of Customer Funds at The Village Credit Institution (VCI) of Sibang Kaja Customary Village 解决Sibang Kaja习俗村乡村信贷机构(VCI)客户资金滥用问题的努力
Pub Date : 2022-07-30 DOI: 10.22225/scj.5.2.2022.107-111
Ida Ayu Sadnyini, Ni Wayan Pariasih Cahyana
  Village Credit Institution (VCI) of customary village/desa pekraman in Bali is a village-owned financial business entity that carries out business activities in the village and for krama desa. In this case, the authors conducted research on the VCI of Sibang Kaja Customary Village, Abiansemal District, Badung Regency, Bali Province. This research was conducted to determine and examine (1) the factors that cause customer funds cannot be disbursed at the VCI of Sibang Kaja Customary Village; (2) the efforts to resolve the misuse of customer funds at the VCI of Sibang Kaja Customary Village. This is empirical and juridical research, using the qualitative descriptive method and Aristotle’s theory of justice. This research used primary and secondary data. Data were obtained through in-depth interviews. Three factors that cause customer funds cannot be disbursed: (a) the VCI does not record the money deposited by customers in their passbooks; (b) customers deposit their money through VCI employees in charge of collecting money in the field, yet, the money is not deposited to the VCI, resulting in the customer suffering a loss; (c) non-fulfillment of customer rights. The effort to resolve the misuse of customer funds at the VCI of Sibang Kaja Customary Village is through deliberation/paruman of the customary village. The result of deliberation/paruman of the customary village is reconciliation between the customers of the VCI and the perpetrators. Sanctions given on the perpetrators are: managers and employees of the VCI who, in carrying out their duties, violate the provisions and cause harm to the VCI must: (a) provide compensation according to the losses incurred; (b) receive customary sanctions according to awig-awig and perarem; (c) receive sanctions according to the applicable law.
巴厘岛传统村庄/desa pekraman的乡村信贷机构(VCI)是一家乡村所有的金融商业实体,在村庄和krama desa开展商业活动。在这种情况下,作者对巴厘省巴东县Abiansemal区Sibang Kaja习俗村的VCI进行了研究。本研究旨在确定和检查(1)导致客户资金无法在Sibang Kaja海关村VCI支付的因素;(2) 解决Sibang Kaja海关村VCI客户资金滥用问题的努力。这是一项实证和司法研究,采用定性描述方法和亚里士多德的正义理论。这项研究使用了主要和次要数据。数据是通过深入访谈获得的。导致客户资金无法支付的三个因素是:(a)VCI没有将客户存入的资金记录在存折中;(b) 客户通过VCI负责现场收款的员工存款,但未将钱存入VCI,导致客户遭受损失;(c) 未履行客户权利。解决Sibang Kaja习俗村VCI客户资金滥用问题的努力是通过对习俗村的审议/审查。习俗村的商议结果是VCI的客户和犯罪者之间的和解。对肇事者的制裁是:VCI的经理和员工在履行职责时违反规定并对VCI造成伤害,他们必须:(a)根据所造成的损失提供赔偿;(b) 根据awig-awig和perarem接受习惯制裁;(c) 根据适用法律接受制裁。
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引用次数: 0
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Sociological Jurisprudence Journal
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