IS THE LAW (POSSIBLY) DEAD OR CAN IT BE KILLED? OR HAS THE STATE FAILED/HAS IT BEEN ABSENT?

Law is impossible to die, even if we can strangle it until limp. This questions appeared the possibility of killing the law by tracing the ideas about the law and the state that appears in the passage of time. What emerges is that the order or disorder always presupposes the emergence of law. Although it does not indicate whether the law appear fair or not. The fact is that people need a law although not necessarily requiring the State. Problems faced by Indonesia is now possible to be considered not as a matter of law, but the inability of the State  to present itself as something that is needed by the community.Keywords : Community, Emergence of  Law, Fairnes

THE PRINCIPLE OF SOCIAL JUSTICE AS THE LAW

The term of “social justice†has mentioned explicitly in Pancasila. As the nation philosophical base, every Indonesian citizen may interpret the meaning of this term. Interpretation of every citizen may be various caused by each personal have their own way of thinking. This article offered a picture of how the “social justice†term could be interpret in 4 points of view, that are; Indonesianist, liberalist, Islamic and post modernist point of view. Furthermore this article will shows basic similarity among four ideas above concerning “social justice†so that we could see the harmony among them in interpreting “social justice†term. In the end will be described how “social justice†term embraced as a principle and normatively functioned. That is as a guidance to state rights and obligations which in certain situation could hold stronger power than a valid regulation. Keywords: Justice Theory, Legal Positivism, Pancasila, Social Justice, Basic Right.Abstrak

HUMAN RIGHTS LAW ENFORCEMENT POLITICS IN INDONESIA IN CASES OF GROSS HUMAN RIGHTS VIOLATION

This is important because law politic shows government will and attitude in formation of law and law enforcement consistently. Indonesian law politic on the human rights protection can be seen in Act number 26 of 2000. The Act have within it a will to give justice for the victim and family victim of gross violation of human right by establish a trial for the perpetrator. However this act have a lot of weakness that makes trial for the perpetrator can not work properly. Law politic can be seen not only in the law product but also on implementation of law.  Indonesia has bring before the court some cases of gross violation of human rights, through the Human rights Court (permanent) and an Ad hoc Human Rights Court. However there are some weakness on those trial. Keywords: Politics, Law, Human Right

THE PRINCIPLES OF ANTI-DISCRIMINATION AND PROTECTION OF MATERNAL RIGHTS OF FEMALE LABORERS VIEWED FROM THE PERSPECTIVE OF GENDER EQUALITY

Anti-discrimination is also known by the term opportunity and equal treatment. The opportunity and equal treatment is a right of every citizen in all fields of life, whether economic, social, cultural, political and labor affairs. One of the most fundamental rights is the maternal right of female workers, including the right to menstruation leave, maternity leave, get social security in the form of care during childbirth and after childbirth, breast feeding and caring for the rights and child rearing. This research is to look at the law as the principles of truth and justice that is natural and universally applicable. This is consistent with normative legal research, the study of the principles of law or legal principles. On normative legal research, data processing activities to conduct systematize nature of the material written law. Systematizes means making a classification of materials written laws to facilitate the analysis and construction work. The principle of anti-discrimination and protection of workers’ rights maternal woman in Indonesia has been stated in the statutory provisions and refers to international conventions on human rights and the Convention on the Elimination of All Forms of Discrimination Against Women and ILO Convention No. 183 Year 2000 on Maternity Protection (ILO Convention on Maternity Protection). These rights include the right to menstruation leave, maternity leave, maternity leave, the right to bear the cost of the company or employer through labor social security, and the right feed and care for the child and the right of special treatment (affirmative action) in employment. However, long-time child care, it is not described in detail in the statutory provisions and arrangements delivered to the employer or the employer and the worker. This clause is felt still too discriminatory given that the rights of children to be treated and was raised by a mother (especially working mothers) marred. So we need a judicial review of Law No. 13 of 2003 relating to the protection of the rights of women workers as a form of maternal implementing anti-discrimination principle.Keywords: Anti-Discrimination, Protection of Workers, Rights Materna

THE CONCEPT OF JUSTICE IN THE MANAGEMENT AND UTILIZATION OF NATURAL RESOURCES BASED ON THE 1960 BASIC AGRARIAN LAW

The Agrarian Law of 1960 is  basic rule for managing and exploiting natural resources  in Indonesian which one it’s aim is to create justice to both state and  citizen. Even though justice has been  established as it’s aim, but still the justice as stipulated in Agrarian Law of 1960 is unclear such as it’s definition, standing and position, function, as well as it’s profile and character. Such vagueness impacts on variety of things including the final purpose to which the law directs. Nevertheless, theoretically, the justice on the perspective of Agrarian Law of 1960 is relatively closer to utilitarianism theory has i.e. to create the happiness and welfare for the greatest number of Indonesian people. Finally, according to utilitarianism perspective, the happiness and welfare supposes to be enjoyed and possessed  by every body, or if it can’t be realized,  at least by the greatest number of people.  Keywords: Natural Resources, Managing,  Justic

THE URGENCY OF RATIFYING THE 1990 INTERNATIONAL CONVENTION ON THE PROTECTION OF THE RIGHTS OF ALL MIGRANT WORKERS AND MEMBERS OF THEIR FAMILIES

The International convention on the protection of the rights of all migrant workers and members of their families explicitly regulate the rights described in the Human Rights International Standards. Several main points of the Convention of the Rights of Migrant Workers are that these conventions contribute a normative-comperhensive frame to execute national and international migration policy based on Law provisions. Those conventions provide a right-basic approach frame but not merely a human rights agreement. The conventions built a parameter for national policy and regulations and engage an agenda to consultation and cooperation among countries on the most relevant issues such as information exchange, elimination of the unregulated migration, migrant smuggling and human trafficking. The convention covered the whole migration process of migrant workers and their family members such as preparation, departure and transit, their living in the working destination country, homecoming and reintegration at their home country or domicile country. Therefore through a normative legal study with conceptual and analysis approach, this study will further find out the urgency and motivation for the state to ratify this convention.Keywords: Urgency, Ratification, Migrant Workers

THE FUNCTIONAL RELATIONSHIP BETWEEN BADAN NARKOTIKA NASIONAL (NATIONAL NARCOTICS AGENCY) AND CORRECTIONAL INSTITUTIONS IN DEALING WITH THE ISSUE OF NARCOTICS AT CORRECTIONAL INSTITUTIONS

Therefore, there should be an effort to prevent and to fight against the drug abuse and illicit trafficking in Penitentiary. But, in handling narcotic in Penitentiary there is conflict of authority between National Narcotic Agency (BNN) which is in charge to carry out the drug abuse and narcotic circulation and the authority in the Penitentiary . BNN which is incharge to make and to implement the policies of  preventing, fighting against the drug abuse and narcotic circulation works based on : the Law No. 35 of 2009 concerning on the Narcotic, although prior to that, there are such laws as Instructions of President No. 6 of 1971, Presidential Decree No. 116 of 1999 about National Drug Coordination Body, Presidential Decree No. 17 of 2002 on the National Narcotic Agency (BNN), Presidential Regulation No. 83 of 2007 on the National Narcotic Agency (BNN),  Provincial Narcotic Agency and District Narcotic Agency, and Presidential Regulation No. 23 of 2010 on National Narcotic Agency (BNN). Then,  the implementation of the functional relation between National Narcotic Agency and Penitentiary in handling narcotic in penitentiary has not been going well due to the  duty-related conflict of authority and that should be  synchronized by applying the principle of Lex Specialist Derogat Legi Generalist. Thus, it is necessary to make a good functional pattern of relation between National Narcotic Agency and Penitentiary in handling the narcotic in Penitentiary in the future. The pattern should be a coordinated relation that is preventive and repressive based on the MoU between National Narcotic Agency and Penitentiary.Keywords : Functional Relation, National Narcotic Agency (BNN) and Penitentiary (Lapas

DIVESTMENT VIEWED FROM THE PERSPECTIVE OF JUSTICE (PT. NNT IN WEST NUSA TENGGARA)

The Shares divestment Process of PT NTT becomes interesting legal problem to criticize because the case of shares divestment that involves a big company foreign company in gold mining sector that happened in Indonesia especially in West Nusa Tenggara.The research analyze about how the Indonesian Law regulates on shares divestment and how the divestment practice conducted by Local government of West Nusa Tenggara. Through the normative approach (normative study) and case approach. It was concluded that the law in Indonesian has not been regulated on the process of shares divestment by the Government (Local Company). However through the legal analogy method so the Acts Number 1 Year 2004 on State treasury and some of its implementation regulations applicable to the investments and divestments process. Likewise, as long as the divestment cooperation aims to build the public infrastructure so that the President Regulation Number 65 Year 2005 refers to President Number 13 Year 2010 could be umbrella of law. In the process of shares divestment of PT. NNT, it is found the procedural mistakes by the Government of West Nusa Tenggara, as well as there are collaboration agreement contain a conflict of norm, so that potentially causing losses to the state. Keywords:  the Cooperation Agreement, Divestiture Share