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POLITIK HUKUM PEMBERANTASAN KORUPSI DALAM UNDANG-UNDANG CIPTA KERJA SEKTOR LINGKUNGAN 全球企业流动政策
Pub Date : 2022-05-25 DOI: 10.24002/jep.v38i1.4330
Korneles Materay
Law Number 11 of 2020 concerning Job Creation is claimed to solve the problem of corruption which has become a serious problem in the bureaucracy that has hindered growth of economics and investments so far. The legislators have taken steps to regulate, amend, and delete several provisions in about 79 laws. This paper aims to see the extent the issue of eradicating corruption has been taken in the politics of drafting a quo law, particularly in relation to the environmental sector. The results of the study show that the Environmental Sector Job Creation Law contains many crucial norms that are not in line with the anti-corruption spirit. This is because there are many gaps or spaces in these norms that can be misinterpreted according to the interests of the government and economic or political interest groups. Instead of preventing and reducing corruption, the Environmental Job Creation Law has the potential to give birth to corrupt practices in business licensing and political corruption related to various considerations for granting permits. This is exacerbated by reducing anti-corruption principles such as transparency, disclosure of information, and genuine participation.
据称,2020年关于创造就业的第11号法律旨在解决腐败问题,腐败已成为官僚机构中的一个严重问题,迄今为止阻碍了经济和投资的增长。立法者已采取措施对大约79项法律中的若干条款进行了规范、修改和删除。本文旨在了解在起草现状法的政治中,特别是在环境部门方面,根除腐败问题的程度。研究结果表明,《环境部门创造就业法》包含了许多不符合反腐败精神的关键规范。这是因为这些规范中存在许多漏洞或空间,可以根据政府和经济或政治利益集团的利益进行误解。《环境创造就业法》非但没有预防和减少腐败,反而有可能催生商业许可方面的腐败行为,以及与发放许可证的各种考虑因素有关的政治腐败。透明度、信息披露和真正参与等反腐败原则的减少加剧了这种情况。
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引用次数: 0
THE RELATIONSHIP OF HUSBAND AUTHORITY TO THE WIFE POLITICAL RIGHTS 丈夫权力与妻子政治权利的关系
Pub Date : 2022-05-09 DOI: 10.24002/jep.v38i1.4480
Yana Suryana
This research aimed to show the relationship of husband authority in the form of intervention on wife political rights. The collection of data was carried out through interviews, observations, and literature studies in order to help answering the research questions. The results showed that the husband intervened in his wife's political rights. This was what escaped the attention of governments and gender drivers in protecting the political rights of wives. So far, the government has not maximally protected the rights of wives in the public sphere. Whereas the private/family institution is the root of the wife's political rights being unprotected. Thus, the family institution becomes the first place to lose the wife's independence in obtaining her political rights.
本研究旨在揭示丈夫权威以干预妻子政治权利的形式存在的关系。通过访谈、观察和文献研究来收集数据,以帮助回答研究问题。结果表明,丈夫干预了妻子的政治权利。在保护妻子政治权利方面,政府和性别推动者没有注意到这一点。到目前为止,政府还没有最大限度地保护妻子在公共领域的权利。而私人/家庭机构是妻子政治权利不受保护的根源。因此,家庭制度成为妻子在获得政治权利方面首先丧失独立性的地方。
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引用次数: 0
TINJAUAN YURIDIS ASAS PEMBANGUNAN TENAGA KERJA DALAM PEMBERIAN PESANGON DI INDONESIA
Pub Date : 2022-05-09 DOI: 10.24002/jep.v38i1.3822
E. Wijaya
Economic growth can realize by increasing investment. Unfortunately, investors are not interested in investing in Indonesia because of the large amount of severance pay for workers. Regulatory adjustments are needed to meet the demands of investors while still paying attention to the principles of labor development. Therefore, this research focuses on the issues of determining and analyzing juridically the principles of labor development in giving severance pay in Indonesia. This research is a normative legal research that focuses on positive legal norms in the form of legislation. The result of this research shows that the provision of severance pay for workers in Indonesia is not currently under the principles of labor development. This is because the regulated severance pay that should be provided in order to develop workers actually taking away workers prosperity.
经济增长可以通过增加投资来实现。不幸的是,投资者对在印尼投资不感兴趣,因为工人的遣散费数额很大。需要调整监管,以满足投资者的需求,同时仍然关注劳动发展的原则。因此,本研究的重点是确定和分析印尼在给予遣散费的劳动发展原则的法律问题。本研究是一项规范性法律研究,侧重于立法形式的实证法律规范。本研究的结果表明,目前印度尼西亚对工人的遣散费的提供并不符合劳动发展的原则。这是因为,为了发展劳动者而应提供的法定遣散费,实际上剥夺了劳动者的财富。
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引用次数: 1
PARADIGMA MAKNA FINAL DAN MENGIKAT PUTUSAN DEWAN KEHORMATAN PENYELENGGARA PEMILU 最终机器与现场调查原则的决策
Pub Date : 2021-12-22 DOI: 10.24002/jep.v37i2.4312
I. Ismail, Fakhris Lutfianto Hapsoro
In several cases of settlement of the State Administrative Court, the Panel of Judges annulled the Presidential Decree (beschikking) which followed up on a Decision of the Honorary Council of Election Organizers regarding the dishonorable dismissal of members of the General Election Commission. Basically, the decision of the Honorary Election Organizing Council is final and binding. With this practice in mind, this paper discusses how the paradigm is "final and binding" in the Decisions of the Honorary Election Organizing Council and what the consequences are for legal certainty. This paper uses a normative juridical approach. The results of this paper indicate that the "final and binding" nature of the DKPP Decision has a paradigm of meaning and creates uncertainty and disruption of legal order in the administration of elections and nullifies the essence of the existence of DKPP as an ethical judiciary institution that balances power (checks and balances).
在国家行政法院的几起和解案件中,法官小组废除了总统令(beschikking),该法令是选举组织者荣誉委员会关于不光彩地解雇大选委员会成员的决定的后续行动。基本上,荣誉选举组织委员会的决定是最终的,具有约束力。考虑到这一做法,本文讨论了荣誉选举组织委员会的决定中这种模式是如何“最终和具有约束力”的,以及对法律确定性的影响。本文采用规范的司法方法。本文的结果表明,丹麦民主进步党决定的“最终和具有约束力”性质具有一定的意义,在选举管理中造成了不确定性和法律秩序的破坏,并使丹麦民主进步民主党作为一个平衡权力(制衡)的道德司法机构的存在本质无效。
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引用次数: 0
PERTANGGUNGJAWABAN PIDANA KORPORASI PADA PERKARA TINDAK PIDANA PENCUCIAN UANG 企业对洗钱罪的犯罪责任
Pub Date : 2021-12-22 DOI: 10.24002/jep.v37i2.4412
Listawati Listawati
Law Number 8 Year 2010 concerning Prevention and Eradication of Money Laundering Act (UU TPPU) has stipulates that criminal liability shall not only apply to natural persons but also legal entities and non-legal entities. In practice, corporate criminal liability has only been applied in the case of money laundering crimes committed by PT. Beringin Bangun Utama. This paper is intended to determine the regulation of corporate criminal liability based on the Money Laundering Law and its application in the case of PT. Beringin Bangun Utama. This study uses a normative method with 3 (three) approaches, namely the statutory approach, the case approach, and the conceptual approach. The results of the research conclude that corporate criminal liability in money laundering cases uses the doctrine of identification where to be able to impose criminal responsibility on corporations, law enforcement must be able to identify that those who commit (actus reus) are controlling personnel (directing mind or controlling mind). Furthermore, the intention or the attitude of the heart of guilt (mens rea) in the the doctrine of identification can be determined if the crime is committed in the context of providing benefits to the corporation.
2010年关于《防止和消除洗钱法》的第8号法律规定,刑事责任不仅适用于自然人,也适用于法人和非法人。在实践中,公司刑事责任仅适用于PT Beringin Bangun Utama犯下的洗钱罪行。本文旨在确定基于《洗钱法》的公司刑事责任规定及其在PT Beringin Bangun Utama案件中的应用。本研究采用规范方法,包括三(3)种方法,即法定方法、案例方法和概念方法。研究结果表明,洗钱案件中的公司刑事责任使用了识别原则,为了能够将刑事责任强加给公司,执法部门必须能够识别犯罪者是控制人员(指挥头脑或控制头脑)。此外,如果犯罪是在为公司提供利益的背景下实施的,则可以确定身份认定原则中有罪之心(犯罪意图)的意图或态度。
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引用次数: 1
PARAMETER KEYAKINAN HAKIM DALAM MEMUTUS PERKARA PIDANA 皮达纳会议中的权利履行参数
Pub Date : 2021-12-22 DOI: 10.24002/jep.v37i2.3744
Triantono Triantono, M. Marizal
According to Article 183 of the Criminal Procedure Code, a judge may not impose a sentence on a person unless he has at least two valid evidence and he is convinced that a criminal act actually occurred and that the defendant was guilty of committing it. In this context there are at least two means of evidence and belief must be applied cumulatively based on the negative evidence theory (negative wettelijk bewijs theorie) adopted in Indonesia. The word two means of evidence refers to the parameter that there must be at least two pieces of evidence from the four pieces of evidence that have been determined limitatifly based on Article 184 of the Criminal Procedure Code, but the problem is that there is no clear measure (parameter) regarding the judge's conviction. The results of the study concluded that the judge's confidence parameters consisted of formal parameters and material parameters. Formal parameters are very much determined by formal evidence as stipulated in law and jurisprudence. Meanwhile, material actors have a freer character not only to see formal procedural facts but also to juridical, sociological, and philosophical aspects.
根据《刑事诉讼法》第183条,法官不得对一个人判刑,除非他至少有两个有效证据,并且确信确实发生了犯罪行为,并且被告犯有犯罪行为。在这种情况下,至少有两种证据和信念的方法,必须根据印度尼西亚采用的负面证据理论(负面wettelijk bewijs理论)累积应用。“两种证据手段”一词是指根据《刑事诉讼法》第184条无限期确定的四种证据中必须至少有两种证据,但问题是法官的定罪没有明确的衡量标准(参数)。研究结果表明,法官的置信度参数由形式参数和物质参数组成。形式参数在很大程度上取决于法律和判例中规定的形式证据。同时,物质行动者不仅可以更自由地看到正式的程序事实,还可以看到司法、社会学和哲学方面的事实。
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引用次数: 1
STATUS HUKUM KEUANGAN PERSEROAN TERBATAS (PERSERO) BERDASARKAN TEORI BADAN HUKUM DAN TEORI TRANSFORMASI KEUANGAN 基本变换理论与基本变换理论
Pub Date : 2021-11-06 DOI: 10.24002/jep.v37i2.4183
Debby Debby
The lack of understanding about public finance and private finance will affect the procedures for the management and accountability of a finance. Based on Article 2 letter g Law Number 17 of 2003, separated state assets which are used as capital participation (in this case money) in Limited Liability Companies (Persero) are part of state finance. This is not in line with the theory of legal entities and the theory of financial transformation. Based on that, this paper aims to explain the financial legal status of Limited Liability Companies (Persero) based on the theory of legal entities and the theory of financial transformation. This research is in the form of juridical-normative. The data used is secondary data consisting of primary and secondary legal materials. Data analysis was carried out using qualitative methods and the form of the results of this study was prescriptive analysis. Based on the theory of legal entities, a Limited Liability Company (Persero) is a private legal entity that has private power that can take provate legal actions and is subject to the provisions of private law. Based on the theory of financial transformation, the legal status of finance changes (transform) as a result of the legal action of transferring and separating finances from one legal subject to another. The transformation of the financial legal status causes changes in rights and obligations in the control and ownership of money in a legal entity so that management, responsibility and risk are under the new legal subjects.
对公共财政和私人财政缺乏了解将影响财政的管理和问责程序。根据2003年第17号法律第2条第g款,在有限责任公司(Persero)中用作资本参与(在本例中为货币)的分离国有资产是国家财政的一部分。这不符合法律实体理论和金融转型理论。在此基础上,本文运用法人理论和财务转型理论对有限责任公司的财务法律地位进行了解释。这项研究是以司法规范的形式进行的。所使用的数据是由主要和次要法律材料组成的次要数据。数据分析采用定性方法进行,本研究结果的形式为规范性分析。基于法律实体理论,有限责任公司(Persero)是一个具有私人权力的私人法律实体,可以采取可证明的法律行动,并受私法规定的约束。根据金融转型理论,金融法律地位的变化(转型)是金融从一个法律主体转移到另一个法律客体并将其分离的法律行为的结果。金融法律地位的转变导致法人在控制和拥有货币方面的权利和义务发生变化,从而使管理、责任和风险置于新的法律主体之下。
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引用次数: 0
KEUTAMAAN WORLD TRADE ORGANIZATION ATAS REGIONAL TRADE AGREEMENTS DALAM PERDAGANGAN INTERNASIONAL Keutamaan世界贸易组织的区域贸易协定是国际贸易协定
Pub Date : 2021-11-06 DOI: 10.24002/jep.v37i2.4381
A.D. Agung Sulistyo
The economic and political needs of countries in the world have provided a strong basis for the birth of the World Trade Organization (WTO). This need has also prompted many countries to form preferential agreements such as the Regional Trade Agreement (RTA). A clash between the two international trading systems is inevitable, there is the ambiguity of the relationship and inconsistency of views held, such as in discriminatory and non-discriminatory approaches. Doctrinal research was conducted to find out which agreement should take precedence over the two legal regimes. This paper concludes that international legal provisions favor the WTO Agreement over preferential agreements such as the RTA. Thus, an RTA that does not conform to the WTO legal regime should be considered contradictory.
世界各国的经济和政治需要为世界贸易组织(WTO)的诞生提供了强有力的基础。这种需要也促使许多国家缔结了诸如《区域贸易协定》之类的优惠协定。两种国际贸易制度之间的冲突是不可避免的,存在着关系的模糊性和所持观点的不一致,例如在歧视性和非歧视性做法方面。进行了理论研究,以找出哪一项协议应优先于两种法律制度。本文的结论是,国际法律规定更倾向于WTO协定,而不是RTA等优惠协定。因此,不符合世贸组织法律制度的区域贸易协定应被认为是矛盾的。
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引用次数: 0
HAK VETO DEWAN KEAMANAN PERSERIKATAN BANGSA-BANGSA DAN ASAS EQUALITY OF THE STATES DALAM ERA GLOBALISASI 哈克否决邦萨的德万安全与全球化时代的国家平等
Pub Date : 2021-11-01 DOI: 10.24002/jep.v37i2.3849
Battista Pridana Adventura
The Security Council is one of the organs of the United Nations to assist its task in maintaining world security and peace. In carrying out its duties, the Security Council is guided by the principles known in the United Nations, as regulated in Article 2 paragraph 1 of the United Nations Charter. One of the principles is the equality of position or degrees of all member countries. But the phenomenon that occurs is the opposite, equality of position is not respected in the UN Security Council considering that in making decisions, it is known that there is a veto that only applies owned by a permanent member state of the Security Council and this right is often used to carry out foreign policy and maintain interests with allied countries. Seeing this phenomenon, is the veto power still relevant today? And are there any attempts to reduce or limit the permanent member states of the UN Security Council from exercising that veto? The purpose of this study is to identify whether or not there is a need for reform of the use of the veto power which incidentally is not by the principle of equity of the states. This research uses normative legal research. The conclusion of this paper is every country has the same position, but the current phenomenon is a country that has strong power, will affect other countries, as evidenced by the three cases discussed in this paper, then the veto right shows the privilege for the five founders of the United Nations compared to other countries.
安全理事会是联合国协助其维持世界安全与和平任务的机构之一。安全理事会在履行其职责时,以《联合国宪章》第二条第一款所规定的联合国所知的各项原则为指导。其中一项原则是所有成员国的地位或程度平等。但发生的现象恰恰相反,联合国安理会不尊重地位平等,因为众所周知,在做决定时,只有安理会常任理事国才拥有否决权,而且这种权利经常被用来执行外交政策和维护与盟国的利益。看到这种现象,否决权在今天还有意义吗?中方是否试图减少或限制联合国安理会常任理事国行使否决权?这项研究的目的是确定是否有必要改革否决权的使用,顺便说一句,否决权的使用并不符合国家平等的原则。本研究采用规范法学研究。本文的结论是每个国家都有相同的立场,但目前的现象是一个国家拥有强大的力量,会影响到其他国家,正如本文讨论的三个案例所证明的那样,那么否决权就显示了联合国五个创作国相对于其他国家的特权。
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引用次数: 0
AN EXPLORATION TO CHRISTIANITY TEACHING CONCERNING PENAL MEDIATION OF CRIMINAL PROCEDURE LAW IN INDONESIA 基督教在印尼刑事诉讼法刑事调解教学中的探索
Pub Date : 2021-11-01 DOI: 10.24002/jep.v37i2.3654
Christar A. Rumbay, Halim Wiryadinata
Civil court justice shares the nature of mediation as part of litigation process. However, criminal procedure code does not accommodate penal mediation by litigation and non-litigation process. Therefore, penal mediation is considered as an Alternative Dispute Resolution in criminal law. This article attempts to build conversation between jurisprudence and theology, especially speaking the nature of mediatorship of Christian teaching that could be considered as beneficial donates for future penal mediation in criminal law in Indonesia. This research is qualitative work. Literatures, articles, books and related references will receive attention. In conclusion, penal mediation applies to litigation and non-litigation tract, the state should conduct its implementation, modern law maintains its legacy, Christology serves the initiation, and penal mediation pursues restorative justice.
民事法庭司法具有调解的性质,调解是诉讼程序的一部分。然而,《刑事诉讼法》并不适用于通过诉讼和非诉讼程序进行的刑事调解。因此,刑事调解被认为是刑法中的一种替代性纠纷解决方式。本文试图在法理学和神学之间建立对话,特别是谈到基督教教学中介的性质,这可以被视为对印度尼西亚未来刑法中刑事调解的有益捐赠。这项研究是定性的工作。文献、文章、书籍和相关参考文献将受到关注。总之,刑事调解适用于诉讼和非诉讼领域,国家应执行,现代法保持其遗产,基督论服务于启蒙,刑事调解追求恢复性司法。
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引用次数: 0
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Justitia Et Pax
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