Kedudukan Hukum Hipotek Kapal Laut Dalam Hukum Jaminan Dan Penetapan Hipotek Kapal Laut Sebagai Jaminan Perikatan

2017 ◽  
Vol 7 (2) ◽  
pp. 130
Author(s):  
Syukri Hidayatullah, S.H., M.H
Keyword(s):  
Development Process ◽  
Colonial Rule ◽  
Shipping Industry ◽  
Legal Certainty ◽  
Commercial Law ◽  
Sea Transport ◽  
International Convention ◽  
Commercial Code ◽  
The Law ◽  
The Government

Given the importance of the position of fund's credit in the development process, it has been supposed to be the giver and the recipient of the credit and other related parties are protected through a rights institutions, strong guarantee and also be able to provide legal certainty for all parties concerned in the various sectors of the trade of Indonesia, including the shipping sector. To encourage the shipping industry, the Government has undertaken various legal actions including through deregulation in the field of sea transport issued Law No. 17 in 2008 about voyage, the President’s Instruction Number 5 in 2005 concerning Empowerment National Shipping Industry and the regulation of President No. 44 in 2005 about ratification of the International Convention on Maritime Receivable and Mortgage with this ratification, particularly the field of shipping, the Indonesian shipping industry may participate empower and strengthen national and international efforts to prepare Legislation in the draft of Law on the Maritime Claim Prior and Mortgages on Ships. The regulations of ship mortgage, among others, are still adopting colonial rule both the Book of the Law of Civil Law (Civil Code) and the Book of the Law of Commercial Law (Commercial code) and Indonesia legislation, namely Law No. 17 in 2008 about Shipping. Regarding the distribution of these regulations will be further discussed in Chapter II.

scholarly journals KEPAILITAN BUMN YANG DIMOHONKAN ATAS DASAR HAK – HAK BURUH YANG TIDAK DIPENUHI

2019 ◽  
Vol 3 (1) ◽  
pp. 53-70
Author(s):  
Ardini Octaviarini
Keyword(s):  
Public Interest ◽  
The State ◽  
Labor Rights ◽  
Legal Certainty ◽  
Severance Pay ◽  
Control Regulation ◽  
State Owned Enterprise ◽  
The Law ◽  
The Government ◽  
A Company

BUMN are private corporate entities so that the laws governing Manpower are applicable to Law 13 of 2003. Therefore, the normative rights set forth in Law No. 13 of 2003 must be met by companies for their workers. These normative rights are, among others, when the Bankrupt Company, ie, a one time severance pay under the provisions of Article 156 Paragraph 2, severance pay for a one-time stipulation of Article 156 paragraph 3 and compensation pay pursuant to paragraph 156 4. Where there is labor rights is not fulfilled by a state-owned enterprise, workers may file for bankruptcy in the company, in its qualification as a Preferen creditor. Based on the research, the state-owned enterprises should be clearly stated in a company to protect the company's existing components in case of Bankruptcy, if the State participates, there must be at least 51% of the shares therein, so that the control, regulation and controlling functions performed the government is clear that the company's goals are achieved. It is necessary to have the same meaning / meaning as the state-owned enterprise which is engaged in public interest. Because of Article 2 paragraph 5 of Law No. 37 of 2004 with the explanation is not in line. Article 2 paragraph 5 of the Law on Bankruptcy refers to state-owned enterprises in the field of public interest, while in the explanation states that state-owned all state-owned capital and not divided into shares. Between the contents of the article and the explanation is not synchronized, then the provisions should be mentioned directly Perum, in order to achieve legal certainty.  

Don’t Ask, Do(n’t) Tell: Homeschooling in Hong Kong

2018 ◽  
Vol 6 (2) ◽  
pp. 307-319
Author(s):  
Esther ERLINGS
Keyword(s):  
Hong Kong ◽  
Government Policy ◽  
Legal Framework ◽  
Home Education ◽  
Colonial Rule ◽  
Legal Certainty ◽  
Compulsory Schooling ◽  
History Of ◽  
1997 Handover ◽  
The Government

AbstractHong Kong’s history of compulsory schooling (as opposed to education) commenced under colonial rule and has been maintained by the local government following the 1997 Handover. Beyond the exception of “reasonable cause,” homeschooling, or elective home education, is in principle prohibited under the laws of Hong Kong. However, there is evidence of a growing homeschooling community in Hong Kong that relies on loopholes in the law and an apparent de facto government policy to operate. This article sets out the background, legal framework, and homeschooling practice in Hong Kong. It criticizes the current situation from the perspectives of legal certainty and children’s rights. The author suggests that the government should take action to devise clear laws and public policy in relation to elective home education.

scholarly journals Penegakan Hukum Pajak Melalui Penggunaan Sandera Pajak Dalam Penagihan Utang Pajak Di Indonesia

2021 ◽  
Vol 2 (2) ◽  
pp. 73-81
Author(s):  
Yeni Nur Arifin
Keyword(s):  
Research Method ◽  
Legal Protection ◽  
Legal Certainty ◽  
Legal Research ◽  
State Revenue ◽  
Finance Development ◽  
The Law ◽  
The Government

Taxes make a major contribution to the source of state revenue which is used to finance development in Indonesia. However, there are still many taxpayers / tax insurer who are not compliant in paying taxes. The problems in this study are why the government uses tax hostages in collecting tax debts, how hostages are used as a means of force in collecting tax debts and how hostage-taking is viewed from a juridical aspect. The research method used in this research is normative legal research method. The result of the research is that there are several factors that become the reasons for tax hostage taking. The government (fiskus) in collecting tax debt with tax hostages has been carried out in accordance with the provisions of the law. Based on the aspect of legal certainty, tax hostages in Indonesia already have a legal umbrella, namely Law no. 9 of 2000 and several other regulations. From the aspect of justice, legal protection is provided to taxpayers / tax insurer who are subject to tax hostages. From the benefit aspect, the application of tax hostages is beneficial in increasing taxpayer compliance.

scholarly journals The Need to Remove the Civil Code from Mexican Commercial Laws: The Case of “Offers” and “Firm Promises”

2017 ◽  
Vol 1 (19) ◽  
pp. 21
Author(s):  
Raúl Iturralde González
Keyword(s):  
Civil Code ◽  
Commercial Law ◽  
Porfirio Diaz ◽  
Commercial Code ◽  
The Law ◽  
Further Development

In 1889, then Mexican President Porfirio Díaz enacted the Mexican Commercial Code that is still in force today. This code was inspired on the Napoleonic code of 1807. Unfortunately, the Mexican code eliminated the use of commercial customs and practices as an accepted method for breaching gaps in commercial law. Since then, Mexican commercial law has held the civil code as the basis for dealing with gaps and loopholes in the application of commercial law. This has prevented the further development of Mexican commercial law as it is forced to use institutions and doctrines that were not designed to deal with rapidly changing commercial issues. Mexican commercial law would benefit from the reincorporation of commercial customs and practices as a basis to fill in the gaps in the law.

scholarly journals LEGAL PROTECTION OF PHARMACY TAKES A PHARMACY CARE IN THE EVENT OF EMERGENCY

2020 ◽  
Vol 1 (1) ◽  
pp. 55
Author(s):  
Ardiyansyah Ardiyansyah
Keyword(s):  
Emergency Services ◽  
Legal Protection ◽  
Professional Standards ◽  
Professional Service ◽  
Legal Certainty ◽  
The Public ◽  
Care Services ◽  
The Law ◽  
The Government ◽  
Service Standards

The legal protection of pharmacists is very important, because if there is no legal protection in carrying out pharmaceutical practices by a pharmacist it will become an obstacle in the running of pharmaceutical services to the public, especially with the new concept of pharmacy services at home (home pharmacy care). The instrument has not been regulated in the law so that the pharmacist profession is vulnerable to criminalization. The problem in this paper is (a) how is the legal protection of pharmacists in conducting home pharmacy care in the emergency services outside in their authority? How do you prevent the criminalization of pharmacists in conducting home pharmacy care? This study uses an empirical juridical and normative juridical approach. The results showed that the legal protection of pharmacists in carrying out home pharmacy care services in the emergency can carry out services outside their authority. The Indonesian Pharmacist Association (IAI) is obliged to provide protection to members as long as they carry out their duties in accordance with professional standards, professional service standards and operational procedure standards, and prevent the criminalization of pharmacists in practicing Home Pharmacy Care services. Suggestions by the authors in this study is expected the government to immediately issue a new law related to the validity of pharmacist activities in conducting home pharmacy care so that the existence of the law will guarantee legal certainty.

scholarly journals PENERAPAN PRINSIP-PRINSIP UNIDROIT DAN KONVENSI INTERNASIONAL TERHADAP PEMBAHARUAN HUKUM KONTRAK INDONESIA

LITIGASI ◽  
2016 ◽  
Vol 15 (1) ◽  
Author(s):  
An An Chandrawulan
Keyword(s):  
International Trade ◽  
Contract Law ◽  
Civil Code ◽  
Law Reform ◽  
Legal Certainty ◽  
International Convention ◽  
Legal Principles ◽  
Business Transactions ◽  
The World ◽  
The Government

The development of business transaction require a new national contract law. Correspondingly, the UNIDROIT Principles of International Commercial Contracts and the International Convention on the sale of Goods (UNCITRAL CISG 1980) sets out principles contained in it may be adopted into a new national contract laws in the future. This research aims to examine in depth the urgency of contract law reform in Indonesia either through adjustment to the development of practice or through a complete overhaulof the Indonesian National Contract Law contained in Book III of the Civil Code (BW) by adopting principles of contract law that is universally applicable in the world. The Result of this research indicate that contract law contained in Book III of the Civil Code has be enunable to meet the demands of the business transactions today. Because it does not explicitly specifying the principles espoused by the international contract law as listed in the UNIDROIT Principles, therefore the new contract law apply the principles contained the provisions of the UNIDROIT Principles for International Commercial Contracts. So setting the forth coming contract to accommodate the interests of society, especially the government, businesses both domestically and internationally so that we will be a player in this era of globalization. Application of the principles of the CISG is based on the CERD and the general legal principles that apply in various countries around the world can be adopted into law the new Indonesian contract, so Indonesian contract law which will come to accommodate the interests and provide protection and legal certainty to the entrepreneurs, especially in the field of international trade. Keywords : Law Reform; Contract; UNIDROIT; CISGABSTRAKAdanya perkembangan transaksi bisnis memerlukan suatu perangkat hukum kontrak nasional yang baru. Sejalan dengan itu, Unidroit Principles of International Commercial Contract dan Konvensi Jual Beli Internasional (UNCITRAL CISG 1980) memuat prinsip-prinsip yang dapat diadopsi ke dalam hukum kontrak nasional yang baru nanti. Penelitian ini bertujuan menelaah secara mendalam urgensi pembaharuan hukum kontrak di Indonesia, apakah melalui penyesuaian terhadap perkembangan praktik yang sudah ada ataukah melalui perombakan total Hukum Perjanjian Nasional Indonesia yang terdapat dalam Buku III KUHPerdata (BW) dengan mengadopsi prinsip-prinsip hukum kontrak yang berlaku universal di dunia. Berdasarkan hasil penelitian hukum kontrak yang termuat dalam Buku III KUHPerdata sudah tidak dapat memenuhi tuntutan perkembangan transaksi bisnis saat ini, karena tidak secara eksplisit mencatumkan  prinsip-prinsip yang dianut oleh hukum kontrak internasional seperti yang tercantum dalam UNIDROIT Principles. Oleh karena itu seyogyianya dalam pembaharuan hukum kontrak diterapkan prinsip-prinsip yang terdapat dalam ketentuan UNIDROIT Principle for Internasional Commercial Contract. Penerapan prinsip-prinsip dalam CISG yang didasari oleh CERD dan prinsip-prinsip hukum umum yang berlaku diberbagai negara di belahan dunia dapat diadopsi kedalam hukum kontrak Indonesia baru, sehingga hukum kontrak Indonesia yang akan datang dapat mengakomodir kepentingan dan memberikan perlindungan serta kepastian hukum kepada para pelaku usaha khususnya yang bergerak di bidang perdagangan internasional. Kata Kunci : Pembaharuan  Hukum; Kontrak; UNIDROIT; CISG 

scholarly journals TOURISM LAW (STUDY ON THE DUTCH CEMETRY IN PENELEH SURABAYA)

2019 ◽  
Vol 15 (2) ◽  
pp. 163-171
Author(s):  
Tomy Michael
Keyword(s):  
Human Resources ◽  
City Government ◽  
Legal Certainty ◽  
State Characteristic ◽  
City Center ◽  
The Law ◽  
The Government ◽  
The City

A law is said to be good if the law goes according to its function. By all means is to implement the law in law science. The application of the law is a state characteristic of the law in which the application will be achieved legal objectives consisting of legal justice, legal certainty and legal benefit. Starting from this, the development of tourism in Indonesia, especially in the Dutch cemetry in Peneleh Surabaya does not comply with Act No. 10-2009. This development is also influenced by human resources in this case the government of Surabaya is less concerned about the existence of the Dutch cemetry in Peneleh Surabaya. By doing empirism Research, the results are still low desire of Surabaya city government because the location is not located in the city center

scholarly journals IMPIAN YANG TERABAIKAN

2019 ◽  
Vol 4 (II) ◽  
pp. 181-204
Author(s):  
Amrunsyah
Keyword(s):  
Law Enforcement ◽  
Legal Culture ◽  
The State ◽  
Legal Issues ◽  
Legal Certainty ◽  
The Public ◽  
Legal Structure ◽  
The People ◽  
The Law ◽  
The Government

This paper is entitled "The Neglected Dream" (Implementation of the Purpose of Law and Criminal Law in Indonesia). Law and the purpose of law have interrelated and inseparable links. The law always plays an important role in a country even the law has a multifunction with the aim of the public good in order to achieve justice, legal certainty, order, expediency, and others. However, this is far from the fire. That is, the public is only given the wind of heaven and dreams that wash away while the state authorities use the law as a tool to suppress society, so that society can be positioned in accordance with the desires of the state authorities. The implementation of the law and the purpose of the law in force in Indonesia is clearly visible, so through a number of legal theories set forth in this paper will be a little stomping for anyone who understands it when compensating for the facts that occur in the midst of society. In fact, for people who want to get legal justice but in reality are entangled in the law. The government should be serious in responding to this because the people have given full mandate to manage this country, including in dealing with legal issues, both in terms of legal structure, legal substance and legal culture played by law enforcement.

scholarly journals Pembubaran Perseroan Terbatas oleh Kejaksaan Sebagai Upaya Memperkuat Ketahanan Nasional

2020 ◽  
Vol 7 (1) ◽  
pp. 78-87
Author(s):  
Andhika Prayoga ◽  
Muhammad Sya’roni Rofii
Keyword(s):  
Executive Function ◽  
Public Interest ◽  
Company Law ◽  
District Court ◽  
Legal Certainty ◽  
Legal Research ◽  
Share Ownership ◽  
Library Research ◽  
The Law ◽  
The Government

The purpose of this writing is to find out the authority of the prosecutor's office in submitting a request to dissolve a PT in a district court based on the provisions of a Indonesia company law, and  its relationship in strengthening national resilience. Furthermore, to examine and analyze this research is by normative legal research by emphasizing discussion on legal-formal (normative) rules and regulations. The data used in this study consisted of primary legal materials including legislation, secondary legal materials such as books and literature and tertiary legal materials obtained through library research. The result of the research is that authority to act as a petitioner for dissolution with the reason if there is a single share ownership (corporate sole) and/or  violation of public interest or the law, in the framework of the executive function to uphold the law in society, and that authority is a form of upholding the authority of the government and reflects legal certainty so that it gives effect to the strengthening of national resilience.

scholarly journals Article 2 of the UCC: Some Thoughts on Success or Failure In the Twenty-First Century

2018 ◽  
Author(s):  
Robert A. Hillman
Keyword(s):  
First Century ◽  
Commercial Law ◽  
Commercial Code ◽  
The Law ◽  
Twenty First Century

The volume of litigation on Uniform Commercial Code Article 2, along with the rise of e-commerce, raises the question of whether Article 2 can succeed in the twenty-first century. There are, of course, many ways to measure success or failure of legislation. One strategy, applied here, is to evaluate Article 2 against the UCC’s ambitious “purposes and policies” of simplifying, clarifying, and modernizing commercial law, supporting commercial practices, and promoting uniformity of the law among the states. In doing so, I ask three questions that help determine when particular sections of Article 2 impede these goals and are ripe for revision:1. Does Article 2 continue to generate litigation?2. Does Article 2 keep up with twenty-first century technology?3. Does Article 2 impede twenty-first century commercial practices?These questions are obviously related. Based on the analysis, I will identify some problematic Article 2 sections, and some that need no tinkering. In the conclusion, I briefly consider next steps if the climate for revision of Article is renewed.

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