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Class Action Lawsuit on Civil Issues in Indonesia as Common Law Adoption 普通法下印度尼西亚民事问题的集体诉讼
Pub Date : 2020-05-16 DOI: 10.15294/ijals.v2i2.38171
Maryana Lestari, S. E. Adiyatma
Regulations in Indonesia country must be fulfilled and adhered to, all the provisions in the form of prohibition, injunction and the sanctions that are in the environment of Indonesian society is hukim countries. So that the actions and deeds led to occur harmonious society without touching the rights of others. In civil law issues include problems between individuals and groups and from group to group and individual to individual, who violated the rights and obligations as a result of an agreement. Expanding the law does not rule out a new legal innovations that can make a person who made a report the other party violated his rights in the absence of a prior agreement to do. This development refers to a class action lawsuit based on some regulatory legislation such as Law - Legal Protection and Environmental Management, Law - Labor Law and the Law - Consumer Protection Act. Class Action Lawsuit become a new breakthrough following the development of the community association in order to avoid gaps in the legal action when there are those who rugikan, nevertheless uses a class action lawsuit is still being done with the procedural provisions of the HIR that is the source of law in civil proceedings. The class action suit or action lawsuit is a legal order that is embraced by the common law system, but countries that use civil law system like Indonesia participate adopt this legal order.
印度尼西亚国家的条例必须得到履行和遵守,印度尼西亚社会环境中的所有禁止、禁令和制裁形式的规定都是hukim国家。从而在不侵犯他人权利的前提下,促成和谐社会的发生。民法问题包括个人与群体之间、群体与群体之间、个人与个人之间因协议而违反权利和义务的问题。扩大法律不排除新的法律创新,可以使举报的一方在没有事先协议的情况下侵犯对方的权利。这种发展是指基于《法律-法律保护与环境管理》、《法律-劳动法》、《法律-消费者保护法》等法规的集体诉讼。集体诉讼成为继社区协会诉讼发展之后的新突破,为了避免在法律诉讼中出现空白时出现的那些人的自顾自,尽管如此,集体诉讼仍在使用诉讼程序规定来完成,这是民事诉讼的法律渊源。集体诉讼或集体诉讼是英美法系所接受的一种法律秩序,但印度尼西亚等大陆法系参与的国家采用的是这种法律秩序。
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引用次数: 1
Legal Aid Institutions as a State Solution for the Poor in Getting Legal Protection 法律援助机构作为贫困人口获得法律保护的国家解决方案
Pub Date : 2020-05-16 DOI: 10.15294/ijals.v2i2.38147
A. Rochman
This study examines how the rules of the Legal Aid Institute in providing legal protection to the poor in Indonesia. As well as how the implementation of legal aid institutions in Indonesia in providing legal protection to the poor to examine the problem, the research methods used are; normative legal research methods with the statute approach, and the conceptual approach. The legal material collection technique used in this research is literature study. Research results confirm that poverty is one of the biggest problems in upholding human rights in obtaining legal assistance. The human rights approach is one of the basic principles of the government in serving people who are unable to overcome or provide legal protection in facing legal problems that are being faced either criminal, civil or state administration, so that the rights of the poor are not lost. Implementation of Providing Legal Aid is a law of social justice, where these values ​​include respecting the dignity and rights of individuals before the law, addressing the imbalance of power and legal injustice between the rich and the poor
本研究考察了法律援助研究所的规则如何为印度尼西亚的穷人提供法律保护。以及如何对印尼法律援助机构在为穷人提供法律保护方面的实施问题进行考察,所采用的研究方法有;规范性法学研究方法有成文法方法和概念方法。本研究采用的法律资料收集技术是文献研究法。研究结果证实,贫困是法律援助中人权保障的最大问题之一。人权方针是政府在面对刑事、民事或国家行政面临的法律问题时,为无法克服或无法提供法律保护的人提供服务的基本原则之一,以使穷人的权利不丧失。《提供法律援助》的实施是一部社会正义法,其价值观包括尊重个人在法律面前的尊严和权利,解决贫富之间的权力不平衡和法律不公
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引用次数: 1
Unraveling Authority of Coal Mining Management by the Regional Government and Its Implications for Regional Autonomy 地方政府煤矿管理权的下放及其对区域自治的启示
Pub Date : 2020-01-02 DOI: 10.15294/ijals.v1i2.36069
Dolot Alhasni Bakung
The region has the authority to manage and regulate its territory independently based on the mandate of Article 18 paragraph (2) of the 1945 Constitution. One such authority is to manage natural resources in this case conducting coal mining. The management of coal mining under the Minerba Act places the district/city government in authority in its management. Meanwhile, the Local Government Law places the provincial government also in possession of this management authority. This gave birth to the dualism of regulation in terms of the authority to manage coal, giving rise to a contradiction between one rule and another. The problem in this study is First, how is the condition of coal mining management by local governments in the perspective of regional autonomy? Second, what are the implications of the current coal mining arrangements by the regional government? The results of the study showed that coal mining authority from the district/municipal government under the Minerba Act then was transferred to the provincial government based on the Regional Government Law was reasonable because of various problems that arose from the authority of the district/city government. However, this fact puts the authority of coal mining management in dualism and disharmony in its regulation. This dualism has implications for the disruption of the pattern of authority relations between the central and regional governments, financial management between the central and regional governments, and the division of supervisory authorities between the central and regional governments.
根据1945年《宪法》第18条第2款的授权,该地区有权独立管理和管理其领土。其中一个这样的权力是管理自然资源在这个例子中进行煤矿开采。根据《Minerba法》对煤矿的管理使区/市政府有权进行管理。同时,《地方政府法》规定省政府也拥有这一管理权。这就产生了煤炭管理权限的二元论,产生了规则之间的矛盾。本文研究的问题是:第一,区域自治视角下的地方政府煤矿开采管理现状如何?第二,地方政府目前的煤矿开采安排意味着什么?研究结果表明,由于区/市政府的权力产生了各种问题,因此根据《Minerba法》将区/市政府的采煤权移交给基于《区域政府法》的省政府是合理的。然而,这一事实使煤矿管理权力处于二元化和不协调的状态。这种二元论对中央与地方政府之间的权力关系格局、中央与地方政府之间的财政管理以及中央与地方政府之间监管权力的划分产生了影响。
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引用次数: 3
Advanced Training of Intellectual Property Documents of Industrial Designs for Goyor Sarong Craftsman in Pemalang District 槟榔屿地区萨隆师傅工业设计知识产权文件高级培训
Pub Date : 2020-01-01 DOI: 10.15294/ijals.v1i2.33961
Waspiah Waspiah, Rodiyah Rodiyah, Dian Latifiani, Dede Alvin Setiaji
Intellectual property is used to increase economic value while providing legal protection for innovative inventions. Goyor Glove, typical of Pemalang, in fact, does not yet have legal protection on Intellectual Property, especially Industrial Design, so that the protection is low and many industrial designs of Goyor sarong are used by others without permission. The methods used to solve the problems in this service program are: (1) Training (workshop), which aims to provide knowledge and skills in quality improvement and product development (2) Product development and application management of the Goyor motif motif to be a description of IP Industrial Design; (3) Assisting and facilitating IP registration of Industrial Designs to be able to increase the economic value of the product; and (4) Monitoring and Evaluation for follow-up plans. Partners in this program, namely the Goyor Sarong Craftsmen in Pemalang District, were given the opportunity to play an active role, from the time of training to mentoring, facilitation and monitoring and evaluation especially during registration and acceleration of obtaining IP Industrial Design certificates craftsmen are given the opportunity to actively provide ideas, criticism in product development and application of management to obtain IP protection. Thus this activity is centered on partners based on the basic needs of partners to develop by increasing the economic value and welfare of the Goyor Gloves craftsman in particular.
知识产权的作用是在为创新发明提供法律保护的同时增加经济价值。事实上,作为槟榔屿典型的高约手套,在知识产权方面,特别是工业设计方面,还没有得到法律的保护,因此保护程度较低,许多高约纱笼的工业设计被他人擅自使用。本服务项目解决问题的方法为:(1)培训(工作坊),旨在提供质量改进和产品开发方面的知识和技能;(2)Goyor主题主题的产品开发和应用管理,作为IP工业设计的描述;(三)协助和促进工业品外观设计的知识产权注册,提高产品的经济价值;(4)对后续计划进行监测和评价。该项目的合作伙伴,即槟榔屿地区的Goyor Sarong工匠,有机会发挥积极作用,从培训到指导,促进和监督评估,特别是在注册和加速获得知识产权工业设计证书的过程中,工匠有机会在产品开发和应用管理中积极提供想法,批评,以获得知识产权保护。因此,这项活动以合作伙伴为中心,基于合作伙伴的基本需求,通过增加经济价值和福利来发展,特别是戈约尔手套工匠。
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引用次数: 3
Implementation of Assistance for Victims of Domestic Violence 实施对家庭暴力受害者的援助
Pub Date : 2019-09-20 DOI: 10.15294/ijals.v1i1.33801
N. Kasim, Sri Nanang Meiske Kamba
This research aims to empirically analyses of implementation of counselling towards victims of domestic violence. The research method is descriptive qualitative. The population of this study were women (wives), who were victims of different types of domestic violence at Tabongo Timur Village. Based on the result, there were three pattern implementations of counselling that have been done at Tabonga Timur Village, firstly, providing direction/guidance; secondly, assisting domestic violence victims; and thirdly, establishing domestic violence clinic. The realization of the program of providing counselling of domestic victims at Tabonga Timur Village has not been optimal because the victims are afraid to report, limited fund allocation, inadequate facilities and infrastructure, and both characteristics of victims and factors of domestic violence are various.
本研究旨在实证分析家庭暴力受害人辅导的实施情况。研究方法为描述定性。这项研究的对象是妇女(妻子),她们是Tabongo Timur村不同类型家庭暴力的受害者。根据结果,在Tabonga Timur村进行了三种模式的咨询实施:第一,提供指导/指导;第二,帮助家庭暴力受害者;第三,建立家庭暴力诊所。在Tabonga Timur村,为家庭暴力受害者提供咨询的方案的实施并不理想,因为受害者不敢报告,资金分配有限,设施和基础设施不足,受害者的特点和家庭暴力的因素各不相同。
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引用次数: 3
Harmonization of Law No. 11 of 2010 concerning Cultural Heritage in the Preservation of Cultural Heritage Objects of Semarang City 在三宝垄市文物保护中协调2010年第11号关于文化遗产的法律
Pub Date : 2019-09-17 DOI: 10.15294/ijals.v1i1.33788
M. S. Prabowo, Anto Kustanto
The Semarang City Government has been criticized by the community because it is considered to allow the demolition of ancient and historic buildings to be replaced with new buildings that are economically more profitable. The city has ancient buildings of high historical and architectural value, especially in the Old City cultural heritage area. Blenduk Church, for example, which was built in 1742, is a landmark of the Old City. Therefore, the following problems can be formulated: (1) What is the existence of Cultural Heritage objects in the city of Semarang? (2) What about Law No. 11 of 2010 in providing protection for Semarang City Cultural Heritage Property?, (3) What are the obstacles in implementing the preservation of Cultural Heritage objects in Semarang City? The method used in the socialization and dissemination of law regarding Law No.11 of 2010 concerning Cultural Heritage conducted at the activity participants is a lecture, question and answer, and discussion model.  The results of the community service activities show that there is an increase in understanding and knowledge of the community service participants, which is indicated by the results of tests conducted by the community service team. From the results of this dedication, it can be concluded that the existence of cultural heritage objects in the city of Semarang can still be maintained, by creating cultural heritage zones, and protection of cultural heritage objects in addition to using laws, will be more effective when using local regulations and empowering society in the economic field. Then the advice given is that the Semarang City government should make a policy that protects cultural heritage objects from business interests. Besides that, it is necessary to conduct socialization about the importance of cultural heritage objects for improving the welfare of the community.
三宝垄市政府一直受到社区的批评,因为它被认为允许拆除古老和历史建筑,以取代经济上更有利可图的新建筑。这座城市有很高的历史和建筑价值的古建筑,特别是在旧城文化遗产区。例如,建于1742年的Blenduk教堂是旧城的地标。因此,可以制定以下问题:(1)三宝垄市的文化遗产对象的存在是什么?(2)关于保护三宝垄市文化遗产的2010年第11号法律是怎么回事?(3)三宝垄市实施文物保护的障碍是什么?在活动参与者中开展的2010年第11号《文化遗产法》法律社会化和传播的方法是讲座、问答和讨论模式。社区服务活动的结果表明,社区服务参与者的理解和知识有所增加,社区服务队进行的测试结果表明了这一点。从这一奉献的结果可以得出结论,三宝垄市的文化遗产仍然可以通过创建文化遗产区来保持存在,除了使用法律之外,使用地方法规和在经济领域赋予社会权力,文化遗产的保护将更加有效。因此,建议三宝垄市政府制定保护文化遗产免受商业利益侵害的政策。此外,有必要对文化遗产的重要性进行社会化,以提高社区的福利。
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引用次数: 1
Community Empowerment on Establishment of Friendly-Village for Women and Children 社区赋权建设妇女儿童友好村
Pub Date : 2019-09-15 DOI: 10.15294/ijals.v1i1.33756
Sarno Setiawan, Muhammad Afis Saifunuha, Jauza Lasta Kautsar, Cahya Wulandari
Worthy children and women's Village/Sub-district is a village/sub-district development that brings together the commitment and resources of village/village government that involve the community and business world in the sub-district in order to promote, protect, Fulfilling and respecting the rights of children and women, which are planned consciously and sustainably. Some laws have been established to support the protection of children and women such as the Act of the Republic of Indonesia number 35 year 2014 about the amendment to law Number 23 year 2002 about protection Children and Law Number 23 year 2004 concerning the elimination of violence in households. In order to realize the child and women’s friendly villages, there are several efforts that can be done as the socialization of legal protection and community empowerment. Socialization programs not only provide information or knowledge but also supported by the empowerment of community that provides training and experience in the community. So that socialization tends to only provide information to be easier to understand by the community through the Community Empowerment program and increase public awareness to continue to actively participate in the realization of child and women’s friendly villages.
有价值的儿童和妇女村/街道是一个村/街道发展,它汇集了村/村政府的承诺和资源,涉及街道内的社区和商界,以促进、保护、实现和尊重儿童和妇女的权利,这是有意识和可持续的规划。已经制定了一些法律来支持保护儿童和妇女,例如印度尼西亚共和国2014年第35号法,关于对2002年关于保护儿童的第23号法的修正,以及2004年关于消除家庭暴力的第23号法。为实现妇女儿童友好村,可从法律保护社会化、社区赋权等方面进行努力。社会化计划不仅提供信息或知识,而且还得到社区授权的支持,在社区中提供培训和经验。因此,社会化倾向于只提供更容易被社区理解的信息,通过社区赋权计划,提高公众意识,继续积极参与实现儿童和妇女友好村。
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引用次数: 12
Urgency of Legal Aspects in Management of Featured Products as an Effort to Empower Communities in the Circle Campus Area 特色产品管理法律层面的迫切性,为圆形校园区社区赋权
Pub Date : 2019-09-15 DOI: 10.15294/ijals.v1i1.33699
Martitah Martitah, Dewi Sulistianingsih, Saru Arifin
The strategy of strengthening a competitive domestic economy supported by agricultural development is a strategy that is close to the countryside. Pakintelan is a village located in Gunungpati District, Semarang City. The vast area of ​​the Pakintelan Village is a capital or asset for the people of Pakintelan to make a living because most of the people of Pakintelan are farmers and traders. The purpose of this program is to identify the legal aspects in the management and marketing of superior products in Pakintelan Gunungpati Semarang. The method used in this program in addition to socialization, also carried out observation and documentation of existing resources. This paper confirms that strengthening the legal aspects in the management and marketing of superior products in Indonesia, especially in Pakintelan, Semarang, Central Java, is becoming very important in the midst of globalization and industrial growth. Strengthening these legal aspects must also be supported and carried out by various elements of society including the sword community and the community around the Semarang State University campus which is one of the target markets in the Pakintelan community's small business.
在农业发展的支持下加强有竞争力的国内经济的战略是一项贴近农村的战略。Pakintelan是位于三宝垄市Gunungpati区的一个村庄。Pakintelan村的广大地区是Pakintelan人民赖以为生的资本或资产,因为大多数Pakintelan人都是农民和商人。该计划的目的是确定在巴基斯坦三宝垄管理和营销优质产品的法律方面。本方案采用的方法除了社会化之外,还对现有资源进行了观察和记录。本文证实,加强法律方面的管理和营销的优质产品在印度尼西亚,特别是在巴基斯坦,三宝垄,中爪哇,在全球化和工业增长中变得非常重要。加强这些法律方面也必须得到社会各方面的支持和执行,包括剑社区和三宝垄州立大学校园周围的社区,这是巴基斯坦社区小企业的目标市场之一。
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引用次数: 0
Development Method of Village Consultative Body Post Head Village Election in Kalikayen Village, East Ungaran District 东云加兰区Kalikayen村村长选举的发展方法
Pub Date : 2019-09-15 DOI: 10.15294/ijals.v1i1.33734
M. Qibtiyah, Siti Mu’afifah
Various conditions after the Head Village Election have a great impact to the development of village itself especially on Village Constulative Body structure. The article highight some problems: (1) What is urgency of Village Council developing method, post Head of Village Election in Kalikayen?; and (2) What is the method of Village Council Development, Post Head of Village Election in Kalikayen? Therefore, there is a method of developing Village Council Post Village Election in order to answer the challenges mentioned above. The purpose of this program is to find out the guidance carried out by the regional government of the Village Council, the Village Council to be able to carry out their duties properly, and submit proposals to the government to pay more attention to the implementation of village government. After the completion of this dedication, the Village Council now understands their duties and functions as well as its role in village development. In addition, the Village Council already has the knowledge and experience in drafting village regulations. Outcomes of our service programs include the publication of a village guidebook module that contains the optimization of the implementation of the Village Law, the management of village funds, the techniques for establishing regulations in the Village. The next output is the draft village regulations and the village head regulations, as well as the activity proposal form and problem priority of each backwoods.
村长选举后的各种情况对村庄自身的发展,特别是对村委会结构产生了很大的影响。本文提出了一些问题:(1)卡里卡延村村委会发展方式、村长职位选举的紧迫性;(2)卡利卡延的村委会发展、村长选举的方法是什么?因此,有一种发展村委会后村选举的方法来应对上述挑战。该方案的目的是找出区域政府对村委会的指导,使村委会能够妥善履行职责,并向政府提出建议,使其更加重视村委会的执行。落成典礼后,村委会明白了自己的责任和职能,以及在乡村发展中的角色。此外,村委会已经具备了起草村规的知识和经验。我们的服务项目成果包括出版了一个村庄指南模块,其中包含了村庄法的优化实施,村庄资金的管理,以及在村庄建立规章制度的技术。接下来输出的是村规草案和村长条例,以及每个边远地区的活动建议形式和问题重点。
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引用次数: 1
Implementation of Anti-Corruption Education Through Penetrasi Method (Penanaman 9 Nilai Karakter Anti Korupsi) for the Urban Village Community of Jabungan 穿透式反腐教育在贾邦干城中村社区的实施
Pub Date : 2019-09-13 DOI: 10.15294/ijals.v1i1.33752
Dina Wahyu Pritaningtias, Anindhita Sekaring Barendriyas, Amira Rahma Sabela, I. Utari
The importance of anti-corruption education for communities in the area of Jabunganan Village in particular among teenagers, because they were the agents of change for nation building Indonesia in order to form a generation that has integrity. Attempts are made to college student real work relating to the State University of Semarang 2019 in instilling the value of anti-corruption through the PENETRASI method (Penanaman Sembilan Nilai Karakter Anti Korupsi) by holding discussion, dissemination, training and games. In these efforts, contains multiple values, including the anti-corruption character: 1) Honest, 2) Fair, 3) Hard-work, 4) Caring, 5) Simple, 6) Daring, 7) Liability, 8) Independent, 9) Disciplines. These efforts include: Anti Corruption Week (Antik), Rumah Sampah (Ramah), Ruang Inspirasi (Rapi), dan Anti Suap (Asiap), Bank Sampah (Basah), Pelatihan Neraca Laba Rugi bagi UMKM, Lomba Pidato Tema Anti Korupsi (Ladang Tikus), Pelatihan Pembuatan Briket dari Sampah Organik, Psikodrama, Mitigasi Bencana, Infografis Anti Korupsi, Permainan Ular Tangga dan Festival Anak Sholeh.
对Jabunganan村地区的社区,特别是青少年进行反腐败教育的重要性,因为他们是印度尼西亚国家建设的变革推动者,以形成正直的一代。通过讨论、传播、培训和游戏,试图让大学生在与三宝郎州立大学2019有关的实际工作中,通过PENETRASI方法(Penanaman Sembilan Nilai Karakter Anti Korupsi)灌输反腐败的价值。在这些努力中,包含了多重价值观,包括反腐败品格:1)诚实,2)公平,3)勤奋,4)关怀,5)简单,6)大胆,7)责任,8)独立,9)纪律。这些努力包括:反腐败周(Antik)、Rumah Sampah (Ramah)、Ruang Inspirasi (Rapi)、dan Anti Suap (asian)、Bank Sampah (Basah)、Pelatihan Neraca Laba Rugi bagi UMKM、Lomba Pidato Tema Anti Korupsi (Ladang Tikus)、Pelatihan Pembuatan Briket dari Sampah Organik、Psikodrama、Mitigasi ben加纳、Infografis Anti Korupsi、Permainan ultangga dan Festival Anak Sholeh。
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引用次数: 5
期刊
Indonesian Journal of Advocacy and Legal Services
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