Pub Date : 2018-09-16DOI: 10.20961/YUSTISIA.V7I2.15048
Dona Budi Kharisma, S. Yulianti
The present study seeks to analyze the functions of civil registration in poverty reduction and to identify various problems encountered in civil registration in Indonesia. This study was conducted by using an empirical law research. Primary data and legal materials are analyzed qualitatively with empirical juridical approach. The results conclude that civil registration yields demographic data that play a strategic role in the utilization of public services and development planning. Improving the quality of human life, either in the field of education, health or revenue requires demographic data as the policy focus. This gives implications that the basis of development program interventions in the three sectors refer to the aforementioned demographic data. Therefore, the use of demographic data and expansion of the coverage of ownership of demographic documents present as strategic steps for poverty reduction. However, the low attainment of document ownership in some regions and the limited number of civil registration apparatuses become an indicator of the absence of roles of demographic data in development. This has an impact on improperly targeted development planning. Several strategies that need to be implemented include: (1) Strengthening regulations at the regional level that regulate the utilization of demographic data in development planning; (2) establishing study program of civil registration law as an attempt of population-based development in Indonesia.
{"title":"DEMOGRAPHY-BASED DEVELOPMENT: THE CHALLENGES OF CIVIL REGISTRATION TO REDUCE POVERTY IN INDONESIA","authors":"Dona Budi Kharisma, S. Yulianti","doi":"10.20961/YUSTISIA.V7I2.15048","DOIUrl":"https://doi.org/10.20961/YUSTISIA.V7I2.15048","url":null,"abstract":"The present study seeks to analyze the functions of civil registration in poverty reduction and to identify various problems encountered in civil registration in Indonesia. This study was conducted by using an empirical law research. Primary data and legal materials are analyzed qualitatively with empirical juridical approach. The results conclude that civil registration yields demographic data that play a strategic role in the utilization of public services and development planning. Improving the quality of human life, either in the field of education, health or revenue requires demographic data as the policy focus. This gives implications that the basis of development program interventions in the three sectors refer to the aforementioned demographic data. Therefore, the use of demographic data and expansion of the coverage of ownership of demographic documents present as strategic steps for poverty reduction. However, the low attainment of document ownership in some regions and the limited number of civil registration apparatuses become an indicator of the absence of roles of demographic data in development. This has an impact on improperly targeted development planning. Several strategies that need to be implemented include: (1) Strengthening regulations at the regional level that regulate the utilization of demographic data in development planning; (2) establishing study program of civil registration law as an attempt of population-based development in Indonesia.","PeriodicalId":33244,"journal":{"name":"Yustisia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-09-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47220725","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 : 2018-09-16DOI: 10.20961/YUSTISIA.V7I2.21668
Hotlan Samosir
This study aims to analyze the implementation of progressive tariffs on motorized vehicles in Papua Province based on Regional Legislation Number 4 of 2011 concerning Regional Taxes. The problem studied in this paper is how aspects of democracy and justice are applied in regional legislation in Papua Province. The study was conducted by using a normative juridical research method which is focused on studying the application of norms in positive law. The application of progressive tax on four-wheeled motorized vehicles in Papua Province required review as it contradicted aspects of democracy and justice as mandated by Law Number 28 of 2009 concerning regional taxes and Regional Retributions. The enactment of the law gave a mandate to the region to form and issue a regional legislation as a legal basis for local tax collection. Based on the mandate, Regional Legislation Number 4 of 2011 concerning Regional Taxes in Papua Province was formed. Thus, the application of the regional legislation has not fully appropriate yet due to the factual consideration that the limitation on the number of four-wheeled vehicles in Papua Province is not due as its density is still at the normal level.
{"title":"ASPECT OF JUSTICE ON PROGRESSIVE TARIFF STIPULATION POLICY ON MOTORIZED VEHICLES TAX IN PAPUA PROVINCE","authors":"Hotlan Samosir","doi":"10.20961/YUSTISIA.V7I2.21668","DOIUrl":"https://doi.org/10.20961/YUSTISIA.V7I2.21668","url":null,"abstract":"This study aims to analyze the implementation of progressive tariffs on motorized vehicles in Papua Province based on Regional Legislation Number 4 of 2011 concerning Regional Taxes. The problem studied in this paper is how aspects of democracy and justice are applied in regional legislation in Papua Province. The study was conducted by using a normative juridical research method which is focused on studying the application of norms in positive law. The application of progressive tax on four-wheeled motorized vehicles in Papua Province required review as it contradicted aspects of democracy and justice as mandated by Law Number 28 of 2009 concerning regional taxes and Regional Retributions. The enactment of the law gave a mandate to the region to form and issue a regional legislation as a legal basis for local tax collection. Based on the mandate, Regional Legislation Number 4 of 2011 concerning Regional Taxes in Papua Province was formed. Thus, the application of the regional legislation has not fully appropriate yet due to the factual consideration that the limitation on the number of four-wheeled vehicles in Papua Province is not due as its density is still at the normal level.","PeriodicalId":33244,"journal":{"name":"Yustisia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-09-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41946988","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 : 2018-09-16DOI: 10.20961/YUSTISIA.V7I2.21724
Ghansham Anand, A. Hernoko, M. K. Huda
This study primarily aimed to identify the type of insurance of liabilities as an attempt of risk transferring over the loss caused by the notary public and land deed officials. The method of this study was juridical-normative. The result showed that the notary public and land deed officials (PPAT) were both public officials authorized to establish an authentic deed due to clients’ requests. Any violation or negligence by Notary public and land deed officials that was out of the track of legal law might lead the clients into a disadvantageous situation. Such violation or negligence made the established deed null and void, void-able, or even turned into an private deed. This brought an effect to the client as the injured party, and thus, they might file a lawsuit in case of suing for compensation, indemnification, and interest through court proceeding. Therefore, it needed an agency of risk-transfering in the form of insurance. The insurance of professional liability is a product of public insurance taking-over a risk that is supposed to be charged by the Notary Public and Land Deed Officials. The object of this insurance refers to the insurer’s obligation to pay compensation over particular loss the client has suffered and other expenses due to the risk.
{"title":"THE INSURANCE OF LIABILITY AS AN ATTEMPT OF RISK TRANSFERING OVER THE LOSS CAUSED BY NOTARY PULIC AND LAND DEED OFFICIALS","authors":"Ghansham Anand, A. Hernoko, M. K. Huda","doi":"10.20961/YUSTISIA.V7I2.21724","DOIUrl":"https://doi.org/10.20961/YUSTISIA.V7I2.21724","url":null,"abstract":"This study primarily aimed to identify the type of insurance of liabilities as an attempt of risk transferring over the loss caused by the notary public and land deed officials. The method of this study was juridical-normative. The result showed that the notary public and land deed officials (PPAT) were both public officials authorized to establish an authentic deed due to clients’ requests. Any violation or negligence by Notary public and land deed officials that was out of the track of legal law might lead the clients into a disadvantageous situation. Such violation or negligence made the established deed null and void, void-able, or even turned into an private deed. This brought an effect to the client as the injured party, and thus, they might file a lawsuit in case of suing for compensation, indemnification, and interest through court proceeding. Therefore, it needed an agency of risk-transfering in the form of insurance. The insurance of professional liability is a product of public insurance taking-over a risk that is supposed to be charged by the Notary Public and Land Deed Officials. The object of this insurance refers to the insurer’s obligation to pay compensation over particular loss the client has suffered and other expenses due to the risk.","PeriodicalId":33244,"journal":{"name":"Yustisia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-09-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46754446","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 : 2018-09-16DOI: 10.20961/YUSTISIA.V7I2.18732
Imam Mulyana, A. Siswandi
In recent years, efforts to promote sustainable energy through energy efficiency, renewable energy and use of new technologies are moving rapidly at national, regional, and international levels. The benefits generated from energy efficiency has prompted experts and governments to work together in implementing energy efficiency policies across all sectors of life. One of the focus areas in global energy efficiency policy is energy efficiency in urban areas. This article aims to provide an overview regarding the implementation of policy and regulation on energy efficiency in Indonesia, particularly in urban areas. The research finds that energy efficiency is one of the most effective ways to improve the competitiveness and capacity of cities in Indonesia. In addition, it could advocate the Indonesian Government in responding to global environmental issues, especially climate change.
{"title":"INDONESIA’S REGULATION AND POLICY IN THE ENERGY SECTOR: URGENCY TO PROMOTE ENERGY EFFICIENCY IN URBAN AREAS","authors":"Imam Mulyana, A. Siswandi","doi":"10.20961/YUSTISIA.V7I2.18732","DOIUrl":"https://doi.org/10.20961/YUSTISIA.V7I2.18732","url":null,"abstract":"In recent years, efforts to promote sustainable energy through energy efficiency, renewable energy and use of new technologies are moving rapidly at national, regional, and international levels. The benefits generated from energy efficiency has prompted experts and governments to work together in implementing energy efficiency policies across all sectors of life. One of the focus areas in global energy efficiency policy is energy efficiency in urban areas. This article aims to provide an overview regarding the implementation of policy and regulation on energy efficiency in Indonesia, particularly in urban areas. The research finds that energy efficiency is one of the most effective ways to improve the competitiveness and capacity of cities in Indonesia. In addition, it could advocate the Indonesian Government in responding to global environmental issues, especially climate change.","PeriodicalId":33244,"journal":{"name":"Yustisia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-09-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44391167","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 : 2018-09-16DOI: 10.20961/YUSTISIA.V7I2.17232
Y. T. Muryanto, Riezdiani Restu Widyoningrum
This article aims to describe the characteristics of insider trading according to the Act No. 8 of 1995 on Capital Market and the implication with legal effort that can be taken by minority shareholder. The characteristics of insider trading according to the act No 8 of 1995 on Capital Market are in line with fiduciary duty theory principle, there is involvement of insider by the misappropriation trusted. Insider trading has impacts to the other investors, especially to minority shareholder. The difference opportunity to do transaction causes financial disadantages, and for the loss, minority shareholder can doing legal effort, submit their civil lawsuit to the insider trader.
{"title":"ANALYSIS OF INSIDER TRADING PRACTICE RELATING TO LAW PROTECTION EFFORT FOR MINORITY SHAREHOLDERS","authors":"Y. T. Muryanto, Riezdiani Restu Widyoningrum","doi":"10.20961/YUSTISIA.V7I2.17232","DOIUrl":"https://doi.org/10.20961/YUSTISIA.V7I2.17232","url":null,"abstract":"This article aims to describe the characteristics of insider trading according to the Act No. 8 of 1995 on Capital Market and the implication with legal effort that can be taken by minority shareholder. The characteristics of insider trading according to the act No 8 of 1995 on Capital Market are in line with fiduciary duty theory principle, there is involvement of insider by the misappropriation trusted. Insider trading has impacts to the other investors, especially to minority shareholder. The difference opportunity to do transaction causes financial disadantages, and for the loss, minority shareholder can doing legal effort, submit their civil lawsuit to the insider trader.","PeriodicalId":33244,"journal":{"name":"Yustisia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-09-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46991327","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 : 2018-09-16DOI: 10.20961/YUSTISIA.V7I2.18542
Robertus Bima Wahyu Mahardika, E. Latifah
The aim of this study is to provide an academic framing of the philosophical foundation of the Most-favored-nation principle (MFN) in international investment law. The MFN principle is one of the most important principles in international law. In international investment law, MFN principle serves as a mechanism to create conditions in which foreign investors from many countries have equal opportunities to compete fairly in host country.
{"title":"VARYING APPLICATION OF MOST-FAVOURED-NATION PRINCIPLE IN INTERNATIONAL INVESTMENT TREATY","authors":"Robertus Bima Wahyu Mahardika, E. Latifah","doi":"10.20961/YUSTISIA.V7I2.18542","DOIUrl":"https://doi.org/10.20961/YUSTISIA.V7I2.18542","url":null,"abstract":"The aim of this study is to provide an academic framing of the philosophical foundation of the Most-favored-nation principle (MFN) in international investment law. The MFN principle is one of the most important principles in international law. In international investment law, MFN principle serves as a mechanism to create conditions in which foreign investors from many countries have equal opportunities to compete fairly in host country. ","PeriodicalId":33244,"journal":{"name":"Yustisia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-09-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43214542","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 : 2018-09-16DOI: 10.20961/YUSTISIA.V7I2.19914
I. P. Widiatedja
Under the WTO, Indonesia is obliged to liberalize its markets through establishing the schedule that comprise a list of services that can be either opened or closed to foreign suppliers. However, Indonesia’s schedule is vague as to whether gambling services are closed to foreign suppliers. Through this loophole, the practice of cross-border gambling services has been rampant, resulting in some consequences, especially those related to money laundering and underage gambling. Tackling this problem, Indonesia could apply public morals exception that allows member states to impose trade prohibition. By using public morals exception that was applied in some WTO cases, this article explores the way in which Indonesia could justify prohibiting cross-border gambling services. This article claims that Indonesia has a justification to impose public morals exception under the WTO to prohibit cross-border gambling services within its territory because the prohibition would be designed to protect public morals; it would be necessary to protect public morals; and the prohibition would equally apply to both foreign and local suppliers in cross-border gambling services in Indonesia.
{"title":"CAN INDONESIA INVOKE PUBLIC MORALS EXCEPTION UNDER THE WORLD TRADE ORGANIZATION (WTO) FOR PROHIBITING CROSS-BORDER GAMBLING?","authors":"I. P. Widiatedja","doi":"10.20961/YUSTISIA.V7I2.19914","DOIUrl":"https://doi.org/10.20961/YUSTISIA.V7I2.19914","url":null,"abstract":"Under the WTO, Indonesia is obliged to liberalize its markets through establishing the schedule that comprise a list of services that can be either opened or closed to foreign suppliers. However, Indonesia’s schedule is vague as to whether gambling services are closed to foreign suppliers. Through this loophole, the practice of cross-border gambling services has been rampant, resulting in some consequences, especially those related to money laundering and underage gambling. Tackling this problem, Indonesia could apply public morals exception that allows member states to impose trade prohibition. By using public morals exception that was applied in some WTO cases, this article explores the way in which Indonesia could justify prohibiting cross-border gambling services. This article claims that Indonesia has a justification to impose public morals exception under the WTO to prohibit cross-border gambling services within its territory because the prohibition would be designed to protect public morals; it would be necessary to protect public morals; and the prohibition would equally apply to both foreign and local suppliers in cross-border gambling services in Indonesia.","PeriodicalId":33244,"journal":{"name":"Yustisia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-09-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45778073","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 : 2018-09-16DOI: 10.20961/YUSTISIA.V7I2.23210
Handa S. Abidin
This research provides recommendations for the development of an initiative of the President of the Republic of Indonesia (Presiden Republik Indonesia), Joko Widodo (Jokowi), namely the implementation of a competition to cut Indonesian regulations, and relates these recommendations to the role of higher education institutions in Indonesia. The concept of “cutting” regulations should be developed into “managing.” The competition should also widen the scope of what should be managed. Rather than being limited only to “regulations,” the scope should include “laws and regulations as well as other relevant law and policy products.” Furthermore, the competition could be a trigger for developing other related collaborations. The collaboration between relevant parties in the competition and other future collaborations can be classified as a form of mutual cooperation (gotong royong) which could contribute to the development of the quality of Indonesian law in general and specifically to the quality of laws and regulations and other relevant law and policy products in the context of Indonesia. This mutual cooperation could also bring direct benefits to the Central Government of the Republic of Indonesia (Pemerintah Pusat Republik Indonesia) and other relevant state-related institutions as well as to higher education institutions in Indonesia that are expected to be involved in the competition and in other future collaborations.
本研究为印度尼西亚共和国总统(Presiden Republik Indonesia) Joko Widodo (Jokowi)的一项倡议的发展提供了建议，即实施竞争以削减印度尼西亚的法规，并将这些建议与印度尼西亚高等教育机构的作用联系起来。“削减”的概念应该发展为“管理”。竞争也应该扩大管理的范围。其范围不应仅限于“法规”，而应包括“法律法规以及其他相关法律和政策产品”。此外，这种竞争可能会引发其他相关合作的发展。有关各方在竞争和其他未来合作中的合作可被归类为一种相互合作的形式(gotong royong)，它可以促进印度尼西亚法律质量的总体发展，特别是促进印度尼西亚背景下法律法规和其他相关法律和政策产品的质量。这种相互合作还可以为印度尼西亚共和国中央政府(Pemerintah Pusat Republik Indonesia)和其他有关的国家机构以及预计将参与竞争和其他未来合作的印度尼西亚高等教育机构带来直接利益。
{"title":"JOKOWI’S INITIATIVE FOR A COMPETITION TO CUT INDONESIAN REGULATIONS: RECOMMENDATIONS AND THE ROLE OF HIGHER EDUCATION INSTITUTIONS IN INDONESIA","authors":"Handa S. Abidin","doi":"10.20961/YUSTISIA.V7I2.23210","DOIUrl":"https://doi.org/10.20961/YUSTISIA.V7I2.23210","url":null,"abstract":"This research provides recommendations for the development of an initiative of the President of the Republic of Indonesia (Presiden Republik Indonesia), Joko Widodo (Jokowi), namely the implementation of a competition to cut Indonesian regulations, and relates these recommendations to the role of higher education institutions in Indonesia. The concept of “cutting” regulations should be developed into “managing.” The competition should also widen the scope of what should be managed. Rather than being limited only to “regulations,” the scope should include “laws and regulations as well as other relevant law and policy products.” Furthermore, the competition could be a trigger for developing other related collaborations. The collaboration between relevant parties in the competition and other future collaborations can be classified as a form of mutual cooperation (gotong royong) which could contribute to the development of the quality of Indonesian law in general and specifically to the quality of laws and regulations and other relevant law and policy products in the context of Indonesia. This mutual cooperation could also bring direct benefits to the Central Government of the Republic of Indonesia (Pemerintah Pusat Republik Indonesia) and other relevant state-related institutions as well as to higher education institutions in Indonesia that are expected to be involved in the competition and in other future collaborations. ","PeriodicalId":33244,"journal":{"name":"Yustisia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-09-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45996625","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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