Pub Date : 2018-08-20DOI: 10.33019/progresif.v11i1.201
Y. Yokotani
The role of the legislature as a representation of the people has been much improved. The duties and functions and forms of this institution are also developing which has the system of state government and the form of its state. The legislature as an institution must exist in the system of government and any state form applied in the countries of the world. But the development of the chamber that is applied by each country is sometimes different from each other despite having the same governmental system and state form
{"title":"SISTEM BIKAMERAL DI LEMBAGA LEGISLATIF BERDASARKAN TUGAS DAN KEWENANGAN DEWAN PERWAKILAN DAERAH (Perbandingan dengan Amerika Serikat, Inggris, dan Argentina)","authors":"Y. Yokotani","doi":"10.33019/progresif.v11i1.201","DOIUrl":"https://doi.org/10.33019/progresif.v11i1.201","url":null,"abstract":"The role of the legislature as a representation of the people has been much improved. The duties and functions and forms of this institution are also developing which has the system of state government and the form of its state. The legislature as an institution must exist in the system of government and any state form applied in the countries of the world. But the development of the chamber that is applied by each country is sometimes different from each other despite having the same governmental system and state form","PeriodicalId":448451,"journal":{"name":"PROGRESIF: Jurnal Hukum","volume":"219 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-08-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130458838","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 : 2018-08-20DOI: 10.33019/progresif.v10i1.182
Shinta Jayanti Apriana
Legal protection is very effort to shelther the human dignity and recognize of human rights in the legal field. A country has the responsibility to socialize new regulations to its society so that they will be aware of the law and also of their rights protected by the state. If society’s legal awareness is growing well, then legal protection in this country will run properly. The development of law enforcement is the beginning of the Police Force. It offers a very interesting history in the development of humanity. Despite the progress that goes slowly, the efforrt is gradually continued in line with the development of human civilization. Thus the ask of the Police is to perforn law enforcement, and the authority of its duty is restricted under the law. In reality, the Police offers in Indonesia are not Legal subjects who never made mistake; hence the author deems that the legal rights and obligations of these officers should be similar as the community at large.
{"title":"PERLINDUNGAN HUKUM TERHADAP PROFESI KEPOLISIAN DALAM MENJALANKAN TUGAS POKOK DAN FUNGSI PENYELESAIAN TINDAK PIDANA DI KEPOLISIAN DAERAH (POLDA) PROPINSI KEPULAUAN BANGKA BELITUNG","authors":"Shinta Jayanti Apriana","doi":"10.33019/progresif.v10i1.182","DOIUrl":"https://doi.org/10.33019/progresif.v10i1.182","url":null,"abstract":"Legal protection is very effort to shelther the human dignity and recognize of human rights in the legal field. A country has the responsibility to socialize new regulations to its society so that they will be aware of the law and also of their rights protected by the state. If society’s legal awareness is growing well, then legal protection in this country will run properly. The development of law enforcement is the beginning of the Police Force. It offers a very interesting history in the development of humanity. Despite the progress that goes slowly, the efforrt is gradually continued in line with the development of human civilization. Thus the ask of the Police is to perforn law enforcement, and the authority of its duty is restricted under the law. In reality, the Police offers in Indonesia are not Legal subjects who never made mistake; hence the author deems that the legal rights and obligations of these officers should be similar as the community at large.","PeriodicalId":448451,"journal":{"name":"PROGRESIF: Jurnal Hukum","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-08-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130517189","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 : 2018-08-20DOI: 10.33019/progresif.v11i1.197
A. Samosir
The existence of reversing the burden of proof from the perspective of legislation policy is known in the criminal act of corruption as a "premium remediation" provision and also contains a special prevention. The criminal act of corruption as "extra ordinary crimes that require extra ordinary enforcement and extra ordinary measures", then crucial aspects in cases of corruption is the effort to fulfill the burden of proof in the process by law enforcement officers.
{"title":"PEMBUKTIAN TERBALIK: SUATU KAJIAN TEORETIS TERHADAP TINDAK PIDANA KORUPSI","authors":"A. Samosir","doi":"10.33019/progresif.v11i1.197","DOIUrl":"https://doi.org/10.33019/progresif.v11i1.197","url":null,"abstract":"The existence of reversing the burden of proof from the perspective of legislation policy is known in the criminal act of corruption as a \"premium remediation\" provision and also contains a special prevention. The criminal act of corruption as \"extra ordinary crimes that require extra ordinary enforcement and extra ordinary measures\", then crucial aspects in cases of corruption is the effort to fulfill the burden of proof in the process by law enforcement officers.","PeriodicalId":448451,"journal":{"name":"PROGRESIF: Jurnal Hukum","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-08-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129033719","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 : 2018-08-20DOI: 10.33019/PROGRESIF.V10I1.180
Rika Mawarni
Information technology and communication has developed so vast and one of the results is the convenience of e-commerce, a form of electronic transaction. Electronic transaction brings good and bag impacts to the parties involved. Both consumers and business owners are entitled to legal protection for their losses. Based on the result, it is concluded that there are four processes in the transaction implementation which are proposal, order, payment, and delivery. One of the benefits of doing transactions electronically is that the cost of marketing good and services is reduced considerably. The problems that can disrupt the transaction are swindles by irresponsible business owners and torts incurred by consumers that have made a deal in electronic transactions. Legal protection for parties in online transactions covers legal protection for consumers in the form of compensation and legal protection for business owners in the form of compensation and legal protection for business owners in the form of advance payment by consumers that have entered the online transactions.
{"title":"PERLINDUNGAN HUKUM BAGI PARA PIHAK DALAM TRANSAKSI E-COMMERCE MELALUI FACEBOOK","authors":"Rika Mawarni","doi":"10.33019/PROGRESIF.V10I1.180","DOIUrl":"https://doi.org/10.33019/PROGRESIF.V10I1.180","url":null,"abstract":"Information technology and communication has developed so vast and one of the results is the convenience of e-commerce, a form of electronic transaction. Electronic transaction brings good and bag impacts to the parties involved. Both consumers and business owners are entitled to legal protection for their losses. Based on the result, it is concluded that there are four processes in the transaction implementation which are proposal, order, payment, and delivery. One of the benefits of doing transactions electronically is that the cost of marketing good and services is reduced considerably. The problems that can disrupt the transaction are swindles by irresponsible business owners and torts incurred by consumers that have made a deal in electronic transactions. Legal protection for parties in online transactions covers legal protection for consumers in the form of compensation and legal protection for business owners in the form of compensation and legal protection for business owners in the form of advance payment by consumers that have entered the online transactions.","PeriodicalId":448451,"journal":{"name":"PROGRESIF: Jurnal Hukum","volume":"49 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-08-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122770773","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 : 2018-08-20DOI: 10.33019/PROGRESIF.V11I1.196
Wawan Fransisco
Pancasila is a spiritual principle that includes an atmosphere of kebatinan or legal ideals, so it is a source of value. Norms and rules, both moral and state, and master the basic laws of both written or non-written or Convention. Pancasila is the foundation of the Republic of Indonesia as found in the Preamble of the 1945 Constitution of the Republic of Indonesia, whose birth was forged in the Indonesian national process. Pancasila historically has a legal basis in which Pancasila is the basis or direction in the making of law in Indonesia. Juridically, Pancasila is clearly the law of all sources of law in Indonesia.
{"title":"PANCASILA SEBAGAI LANDASAN HUKUM DI INDONESIA","authors":"Wawan Fransisco","doi":"10.33019/PROGRESIF.V11I1.196","DOIUrl":"https://doi.org/10.33019/PROGRESIF.V11I1.196","url":null,"abstract":"Pancasila is a spiritual principle that includes an atmosphere of kebatinan or legal ideals, so it is a source of value. Norms and rules, both moral and state, and master the basic laws of both written or non-written or Convention. Pancasila is the foundation of the Republic of Indonesia as found in the Preamble of the 1945 Constitution of the Republic of Indonesia, whose birth was forged in the Indonesian national process. Pancasila historically has a legal basis in which Pancasila is the basis or direction in the making of law in Indonesia. Juridically, Pancasila is clearly the law of all sources of law in Indonesia.","PeriodicalId":448451,"journal":{"name":"PROGRESIF: Jurnal Hukum","volume":"10 3","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-08-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114017610","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 : 2018-08-20DOI: 10.33019/progresif.v10i2.194
S. Nugroho, Sujadmi Sujadmi
Businesses creativity is needed in maintaining Indonesia's economy, especially in the field of industrial design, so that the resulting industrial design businesses in Indonesia can be protected. One measure that can boost the economy of a region is how much the intellectual property to protected and developed as a defense of wealth and the economy of a region or nation. The purpose this research is to analyze the legal protection and the potential for industrial design in the creative economy in Pangkalpinang. This research, using qualitative research with descriptive research strategy (descriptive research). Object in this research regarding legal protection and the potential for industrial design in the creative economy. From this research can be generated that design in the creative economy in Pangkalpinang not many. The resulting designs are still not adequately protected. Industrial designs in Pangkalpinang still have the potential to be featured as one proponent of the community's economy, especially in Pangkalpinang.
{"title":"PERLINDUNGAN HUKUM DAN ANALISIS POTENSI DESAIN INDUSTRI PADA EKONOMI KREATIF YANG BERBASIS ILMU PENGETAHUAN YANG DIHASILKAN OLEH UMKM DI KOTA PANGKALPINANG","authors":"S. Nugroho, Sujadmi Sujadmi","doi":"10.33019/progresif.v10i2.194","DOIUrl":"https://doi.org/10.33019/progresif.v10i2.194","url":null,"abstract":"Businesses creativity is needed in maintaining Indonesia's economy, especially in the field of industrial design, so that the resulting industrial design businesses in Indonesia can be protected. One measure that can boost the economy of a region is how much the intellectual property to protected and developed as a defense of wealth and the economy of a region or nation. The purpose this research is to analyze the legal protection and the potential for industrial design in the creative economy in Pangkalpinang. This research, using qualitative research with descriptive research strategy (descriptive research). Object in this research regarding legal protection and the potential for industrial design in the creative economy. From this research can be generated that design in the creative economy in Pangkalpinang not many. The resulting designs are still not adequately protected. Industrial designs in Pangkalpinang still have the potential to be featured as one proponent of the community's economy, especially in Pangkalpinang.","PeriodicalId":448451,"journal":{"name":"PROGRESIF: Jurnal Hukum","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-08-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123298848","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 : 2018-06-01DOI: 10.33019/PROGRESIF.V12I1.953
F. Faisal
General Purpose of punishment in criminal law at least can be divided into two : first ,this goal patterned conceptual gave basis of criminal sanctions, the type and form of criminal sanction. Second, the purpose of criminal sanctions against those who violate the criminal law. In the banking law, not explicitly mentioned purpose of criminal sanctions in specific meaning. But can be seen in the banking law has only a more general purpose .
{"title":"MEMAHAMI SECARA KRITIS PEMIDANAAN DALAM UNDANG-UNDANG PERBANKAN","authors":"F. Faisal","doi":"10.33019/PROGRESIF.V12I1.953","DOIUrl":"https://doi.org/10.33019/PROGRESIF.V12I1.953","url":null,"abstract":"General Purpose of punishment in criminal law at least can be divided into two : first ,this \u0000goal patterned conceptual gave basis of criminal sanctions, the type and form of criminal \u0000sanction. Second, the purpose of criminal sanctions against those who violate the criminal \u0000law. In the banking law, not explicitly mentioned purpose of criminal sanctions in specific \u0000meaning. But can be seen in the banking law has only a more general purpose .","PeriodicalId":448451,"journal":{"name":"PROGRESIF: Jurnal Hukum","volume":"96 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134547005","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 : 2018-06-01DOI: 10.33019/progresif.v12i1.954
J. D. N. Manik
The arrangements area of the country is done to provide legal certainty and clarity to citizens on the territory of the country. Area of the country as outlined in the Constitution of the Republic of Indonesia Year 1945 has an arrangement the Government of Indonesia that protects the Nations Indonesia, the utilization of earth, water, and air as well as the natural resources contained therein for the most of people's prosperity, decentralization of Government to the areas large and small that are autonomous in the frame of the unitary State of the Republic of Indonesia; and social welfare for all the people of Indonesia.
{"title":"PENGATURAN HUKUM PERBATASAN NEGARA KESATUAN REPUBLIK INDONESIA BERDASARKAN UNDANG-UNDANG WILAYAH NEGARA","authors":"J. D. N. Manik","doi":"10.33019/progresif.v12i1.954","DOIUrl":"https://doi.org/10.33019/progresif.v12i1.954","url":null,"abstract":"The arrangements area of the country is done to provide legal certainty and clarity to \u0000citizens on the territory of the country. Area of the country as outlined in the Constitution \u0000of the Republic of Indonesia Year 1945 has an arrangement the Government of Indonesia \u0000that protects the Nations Indonesia, the utilization of earth, water, and air as well as the \u0000natural resources contained therein for the most of people's prosperity, decentralization of \u0000Government to the areas large and small that are autonomous in the frame of the unitary \u0000State of the Republic of Indonesia; and social welfare for all the people of Indonesia.","PeriodicalId":448451,"journal":{"name":"PROGRESIF: Jurnal Hukum","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132184366","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 : 2018-06-01DOI: 10.33019/PROGRESIF.V12I1.955
Naufal Muhammad, R. Agustian, Reko Dwi Salfutra
Verdict Sungailiat Court Number 03/Pdt.G/2012/PN.Sgt in the verdict has stated the defendant (Feng Jung) has committed acts againts the law by certifying a plot of land to a National Land Agency of Bangka Regency on the Right Certificate Number 2305 was issued by the National Land Agency if Bangka Regency in 2003, but was sued by the plaintiff (Tjong Ana) in 2012. The results of research, Paragraph 32 Sentence 2 of Government Regulation Number 24 of 1997 have been fulfilled by defendant in conducting process of land registration of Certificate of Property Number 2305 so that this provision is absolutely to run and about absolute authority to run about absolute authority of judge, that a judge of a Public Court is not authorized to declare a Certificate of Property Number 2305 has no legal force, and certificate that is a powerful evidentiary tool has become an absolute if element of Paragraph 32 Sentence 2 of Government Regulation Number 24 of 1977 has been fulfilled.
{"title":"KEPASTIAN HUKUM BAGI PARA PIHAK PEMEGANG SURAT TANDA BUKTI ATAS TANAH BERUPA SERTIFIKAT HAK MILIK DITINJAU DARI HUKUM AGRARIA","authors":"Naufal Muhammad, R. Agustian, Reko Dwi Salfutra","doi":"10.33019/PROGRESIF.V12I1.955","DOIUrl":"https://doi.org/10.33019/PROGRESIF.V12I1.955","url":null,"abstract":"Verdict Sungailiat Court Number 03/Pdt.G/2012/PN.Sgt in the verdict has stated the defendant (Feng Jung) has committed acts againts the law by certifying a plot of land to a National Land Agency of Bangka Regency on the Right Certificate Number 2305 was issued by the National Land Agency if Bangka Regency in 2003, but was sued by the plaintiff (Tjong Ana) in 2012. The results of research, Paragraph 32 Sentence 2 of Government Regulation Number 24 of 1997 have been fulfilled by defendant in conducting process of land registration of Certificate of Property Number 2305 so that this provision is absolutely to run and about absolute authority to run about absolute authority of judge, that a judge of a Public Court is not authorized to declare a Certificate of Property Number 2305 has no legal force, and certificate that is a powerful evidentiary tool has become an absolute if element of Paragraph 32 Sentence 2 of Government Regulation Number 24 of 1977 has been fulfilled.","PeriodicalId":448451,"journal":{"name":"PROGRESIF: Jurnal Hukum","volume":"190 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121731624","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 : 2018-06-01DOI: 10.33019/PROGRESIF.V12I1.958
Derita Prapti Rahayu
In the current era of globalization and internationalization where economic, social and cultural developments have caused international relations to be infinite which can lead to civil disputes which give rise to the meeting of legal systems of countries in the world that have their own characteristics related to International Private Law. Hopefully there will not be many problems that arise if disputes over different citizenship civilizations are resolved through Alternative dispute resolution. Although when the Al forum decision on alternative dispute resolution was not carried out voluntarily by the parties affected by the execution, the execution of such decisions became the competence of the district court. Especially if the arbitration forum ruling was dropped outside Indonesia, then when the decision is to obtain recognition and execution within the jurisdiction of the Republic of Indonesia, the decision must first obtain an exequature from the Chair of the Central Jakarta District. Court. But the situation will be different if the dispute is not resolved through Alternative dispute resolution but is left to the court authorities to resolve it, it will be different.
{"title":"HUKUM PERDATA INTERNASIONAL INDONESIA BIDANG HUKUM KELUARGA (FAMILY LAW) DALAM MENJAWAB KEBUTUHAN GLOBAL","authors":"Derita Prapti Rahayu","doi":"10.33019/PROGRESIF.V12I1.958","DOIUrl":"https://doi.org/10.33019/PROGRESIF.V12I1.958","url":null,"abstract":"In the current era of globalization and internationalization where economic, social and cultural developments have caused international relations to be infinite which can lead to civil disputes which give rise to the meeting of legal systems of countries in the world that have their own characteristics related to International Private Law. Hopefully there will not be many problems that arise if disputes over different citizenship civilizations are resolved through Alternative dispute resolution. Although when the Al forum decision on alternative dispute resolution was not carried out voluntarily by the parties affected by the execution, the execution of such decisions became the competence of the district court. Especially if the arbitration forum ruling was dropped outside Indonesia, then when the decision is to obtain recognition and execution within the jurisdiction of the Republic of Indonesia, the decision must first obtain an exequature from the Chair of the Central Jakarta District. Court. But the situation will be different if the dispute is not resolved through Alternative dispute resolution but is left to the court authorities to resolve it, it will be different.","PeriodicalId":448451,"journal":{"name":"PROGRESIF: Jurnal Hukum","volume":"61 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116022831","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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