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  • The Idea Of Customary Law Community Representation In The Regional Representative Council

    The Customary Law Community (Masyarakat Hukum Adat, MHA) as part of the Customary Law System is recognized for its existence and its implementation in the National Land Law (Hukum Tanah Nasional, HTN). In the Explanation of the Basic Agrarian Law (UUPA) it is stated that the function of Customary Law as the main source in the development of HTN, although such recognition is accompanied by conditions as long as in reality they still exist and in accordance with national and state interests. This paper analyses and examines the problems of MHA in the concept of regional representative council. The problem on this paper come up from various problems concerning to ulayat land and its conflict between indigenous people and government. The research emphasized that the main problem is the inequality of perception between the Executive, Judiciary and Legislative institutions in the consistency of compensation payments resulting in the re-claim of Tanah Ulayat (Adat), there is no basis for a multi-dimensional approach (anthropology, sociology and others besides the juridical approach). This means that the formal juridical approach alone does not achieve effective results. The question is whether the constitutional MHA can have representation in the Regional Representative Council (DPD) and what forms of democracy are appropriate and can channel the aspirations of the MHA.

  • Defaults In Credit Agreements: How Are They Settled?

    This study aims to determine whether the debtor has carried out his achievements as they should and knows the legal consequences for the debtor when trying to carry out his achievements more than the specified due date. This research is a normative or doctrinal research that is descriptive in nature using secondary data types. In this research, the data collection technique used is the study of literature. The results showed that Sujono, as the debtor and PT BPR Mranggen Mitra Persada as the creditor had carried out the credit agreement. By fulfilling the legal conditions of the agreement as stipulated in Article 1320 of the Civil Code, both subjective and objective terms, the agreement credit between PT BPR Mranggen Mitra Persada as the creditor and Sujono as the debtor is a legal agreement, but in credit repayments Sujono has an arrears of credit repayments calculated from the principal debt, interest, and costs incurred due to arrears. Since PT BPR Mranggen Mitra Persada filed a lawsuit with the Blora District Court, Sujono as a defendant had no good intention to attend the trial. The Panel of Judges decided to drop the verdict without the presence of the defendant called verstek. From this decision the defendant or Sujono fought against verstek or what was called the verzet. With respect to the verzet submitted by Sujono, the judge considered that the resistance was rejected by the Panel of Judges based on the consideration that Sujono had wrongly determined his legal subject and incorrectly determined the arguments of the resistance proposed by Sujono against PT BPR Mranggen Mitra Persada. Based on the decision of the Panel of Judges, Sujono is still considered to have defaulted and must fulfil his achievements.

  • Policy On Reducing Child Labor As The Elimination Of The Worst Forms Of Child Labor

    The more complex issue of child labor now a days because many children work at school age. Child labor vulnerable to be exploitated, doing hazardous work, mor a land psychological, and hampered to access education. So the government issued a policy Reduction of Child Labour in order to Support the Family Hope Program (PPA-PKH) as efforts to Elimination of the Worst Forms of Child (PBPTA) in order for the child can be returned in the educational unit, Pemalang is one of the districts that run the program PPA -PKH. Problems examined: (1) Implementation of PPA-PKH asefforts of PBPTA in Pemalang (2) Obstacles and over coming obstacles in the implementation of PPA-PKH policiesas PBPTA efforts in Pemalang. This study using sociological juridical approach. Results of the study (1) Implementation of policies PPA-PKH in Pemalang has been run in accordance with the purpose, with the establishment of shelters through three stages: pre shelter, the implementation in the shelter, and after the implementation form shelter and get a recommendation schools (2) Efforts to overcome the obstacles in the implementation of PPA -PKH policies in Pemalang which includes the beneficiaries of data was only 10% valid so that need to perform additional data. Inability of companionon the shelter so tha this attemptstomake psycologis approachand change the way of learning. Lack of coordination between relevant government service to coordinate their efforts and commitment among relevant government service and proposing a scholarship program for the children of beneficiaries. The advice given by the researchers that the data of beneficiaries must be renewed every year, provide socialiszation that bring about beneficiary families about the importance of education impact economic development of families, increased coordination between relevant government service, there is certainly that the child gets a scholarship or BSM for education.

  • Regional Revenue And Expenditures Budget Transparency In The Context Of Regional Financial Law

    This research aims to describe the transparency of the use of the Semarang City Regional Revenue and Expenditure Budget and discover the forms, mechanisms and constraints in obtaining transparency of information on the use of the Semarang City Revenue and Expenditure Budget, this research uses a sociological juridical research type approach method, by using primary data and secondary data which are then analyzed using qualitative data analysis.The results of the study can be seen that the transparency of the use of the Semarang City Regional Revenue and Expenditure Budget already has internal regulations in the form of Mayor Regulation number 26 of 2012 and forms and mechanisms in accordance with Law number 14 of 2008 although internal and external obstacles are still found that result implementation is less than optimal so that it inhibits the realization of good governance (good governance). The conclusions from the results of the study show that the transparency of the use of the Semarang City Regional Revenue and Expenditure Budget is in accordance with Law number 14 of 2008 and already has forms and internal mechanisms, although in the implementation phase there are still obstacles both internally and externally.

  • How Far Is Consumer Protection In The Health Care Sector?

    In health services, it is not uncommon to cause malpractice due to negligence committed by health workers who are not in accordance with professional standards. This paper is intended to analyse concerning to how to protect consumers, the form of legal protection for patients as consumers of medical services and the forms of responsibility of hospitals and doctors as parties to medical services according to Law No. 8 of 1999 concerning Consumer Protection and Law No. 36 of 2009 concerning Health. To answer the question used the normative legal research method, the approach used in legal research is the statute approach­­), and case approach. In the Decision of Central Jakarta District Court No. 287/PDT.G/BTH/2011/PN.JKT.PST) there are 5 (five) rights of consumers who have been neglected by business actors according to Law Number 8 of 1999 concerning Consumer Protection, namely Article 4 points (a), (c), (d), (e), (g), and (h), and according to the Law Number 36 of 2009 concerning Health of consumer rights that are violated is in Articles 5-8, Articles 56-58. Regarding the responsibility given by business actors (RSCM) to consumers (Nina Dwijayanti) in the form of money amounting to Rp 1,776,010,000.00 (one billion seven hundred seventy-six million ten thousand rupiah), in Article 19 paragraph (2) the Consumer Law only recognizes just material compensation but according to Article 46 of Law No.44 of 2009 concerning this compensation house is appropriate.

  • Electronic Traffic Law Enforcement: Is It Able To Reduce Traffic Violations?

    The practice of law enforcement on traffic violations committed by law enforcement officers is currently not enough to satisfy the expectations of the community. Problems often occur in current law enforcement practices, including vulnerability to corruption and convoluted bureaucracy in dealing with the process of law enforcement, especially for traffic violations. The practice of law enforcement itself cannot only be shackled in the current legal rigidity, in this condition a legal breakthrough or legal progression is needed, so that our law can adjust to the times and demands of society. The E-TLE (Electronic Traffic Law Enforcement) system created by the Semarang Traffic Police Unit is a breakthrough in law in law enforcement practices that are applied to traffic violations in the City of Semarang in order to bring a fast, precise, clean and transparent law enforcement system. In this context, progressive legal theory is used to create a breakthrough in progressive law enforcement in the E-TLE Satlantas Polrestabes Semarang system against traffic violations in the city of Semarang.

  • Health Facility Licensing Dispute

    Clinic is a health service facility that organizes individual health services that provide basic and/or specialist medical services. Primary Clinic (Klinik Pratama) is a Clinic that organizes basic medical services both general and specific. To establish a Klinik Pratama so that it can operate through a series of licensing processes namely Nuisance/Hinder Ordonnantie Permit (HO), Establishment Permit Clinic (IMK) and Clinical Operating Permit (IOK). The results of this process are overlapping or repetitive requirements, making the process ineffective and inefficient. This research is intended to analyze the dispute on health facility licensing in Padang City, West Sumatra. This paper analyzes overlapping of clinical licensing. The main problems that analyzed in this paper concerning to analyze and review clinical licensing, analyze licensing regulations at the Padang City level as a basis for recommendations on simplification, deletion and merging of licenses by the Padang City Government.

  • Impact of double bind & promotional paradox on work performance of women.
  • Effect of employee's upward influence tactics on managerial decision making.
  • Motivation & attitude of generation y in India: an exploratory study.