PRANATA HUKUM
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ANALISIS YURIDIS KEBIJAKAN PEMERINTAH TENTANG PENYEDIAAN FASILITAS KHUSUS MENYUSUI DAN/ATAU MEMERAH ASI UNTUK MENDUKUNG PROGRAM ASI EKSLUSIF DI PROVINSI LAMPUNG
ABSTRACTBreastmilk, which is called as Exclusive Breastmilk is given to baby since the day baby is born until 6 (six) months without adding and / or replacing with other foods or beverages. Governments are responsible for setting policy in order to guarantee the right of infants and children to get the exclusive breastmilk. Regulatory Policy Regions in Lampung Province related to exclusive breastfeeding is still less effective. Coverage of babies who get exclusive breastfeeding in Lampung Province in 2015 is amounted to 57.70%, which is still below the figure from the expected target as 80%. The Government policy on provision of special breastfeeding facilities in the workplace and public facilities for its implementation has not been fully implemented in accordance with the provisions prevailing laws and regulations. Particularly in the Province of Lampung, based on the observation of researchers, there is an office providing nursery room, but the standard is not good enough and also the facilities in it are not yet eligible. In line with that, the nursery room which exist in public places like terminal, shopping center, tourist attractions, hotels still do not provide specific facilities for breastfeeding activity. The law enforcement against the disfunction of working places and public places which do not provide nursery room like private sector, government offices, regional government as well is still going on. As the conclusion, the lack of opportunity given by the respective institutions still reflect that breastfeeding mothers still have no proper opportunity to deliver their rights in using the facilities. It also could be said that the regulation has not been running the way it should be regarding the existing regulations
TINJAUAN YURIDIS MODUS OPERANDING TINDAK PIDANA PENCUCIAN UANG (MONEY LAUNDERING)
ABSTRAKMoney laundering is a hot or dirty money laundering practice (dirty money). This dirty money comes from illegitimate and illegal practices such as corruption, bribery, smuggling, as well as banking crimes and other unhealthy practices. To clean it, the money is placed in a bank or certain place for a while before being transferred to another place (layering), for example through the purchase of shares in the capital market, foreign exchange transfers or the purchase of an asset. After that, the offender will receive money that has been cleared from the washing field in the form of income derived from the purchase of shares, foreign exchange or assets (integration). The practice of money laudering that continues to occur along with the times and modernization provides the concept of thinking to examine the legal issue of the regulation being implemented, and how the modus operandi of the occurrence of a case. The stages and mode of occurrence of money laundering crime include: Placement, which is the first stage by placing (depositing) the illicit money into the financial system (financial system). Layering at this stage the washers try to break the money from the crime from the source, by transferring the money from one bank to another, up to several times. Integration, iniuang washed stages are brought back into circulation in the form of net income even as tax objects by using money that has become lawful for business activities. The perpetrator of money laundering as an organized crime, is carried out by a person who controls or has special knowledge in the world of financial service providers. Even they must master science in the field of computers. Money laundering in addition is very detrimental to society, also very detrimental to the State because it can influence or undermining national economic stability or State finances by increasing various crime
KEPASTIAN HUKUM DALAM PENEGAKKAN HUKUM PERPAJAKAN
ABSTRAKTax amnesty in the form of tax debt relief along with sanctions creates legal problems. The problem is how to enforce the law on the principle of legality in the legal system of taxation in Indonesia. This study uses a normative juridical approach, therefore the main data used is secondary data in the form of legislative regulations - data analysis invitations carried out in qualitative analysis. Based on the results of the study, that legal certainty in law enforcement by looking at the inaccuracies of regulations concerning the substance and form of legislation - invitation will weaken the principle of legality. From the experience of tax amnesty implementation, it turns out that tax amnesty does not necessarily increase state revenues, nor does tax amnesty automatically increase investment. As a suggestion, tax amnesty as an incentive needs to get policy support from other sectors so as to create the expected investment climate.
TANGGUNG JAWAB ORGAN BUMN DALAM PENGELOLAAN KEKAYAAN BUMN DIKAITKAN DENGAN HAK NEGARA SEBAGAI PEMEGANG SAHAM
ABSTRAKAt present there is a dualism in the regulation of the management of BUMN Persero. First, arrangements that assume that state-owned enterprises are merely business entities. Secondly, the regulation which considers that the management of BUMN Persero is seen from the aspect of capital including into State Finance. This dualism of regulation brings different legal implications. This research is intended to find out and formulate, the responsibility of BUMN Persero in the management of BUMN Persero's wealth is associated with the rights of the State as a shareholder, the research method applied in this research is a normative juridical approach with analytical descriptive research which describes primary and secondary data related to the problem of responsibility legal management of BUMN Persero. The results of the research show that the responsibility of the management of BUMN Persero and BUMN BUMN organs is civil and the State has limited responsibility in accordance with the shares owned. Limited liability The Company's and the State's organs can be broken if they exceed the management authority according to the position of each organ (piercing the corporate veil). As a suggestion for the renewal of processes in the management of state-owned enterprises that are more supportive of quick, efficient and more accountable decision making, as well as the updating and structuring of the functions of institutions related to the management of state-owned enterprises.
PENYELESAIAN SENGKETA BISNIS MELALUI PENGADILAN NIAGA
ABSTRAKThe Commercial Court in the Settlement of Business Disputes Linked to the Principle of Legal Certainty As an Effort to Develop the Indonesian Judicial System at this time still needs to be considered to what extent its authority. From this background the problem that is the subject of the research is how is the Commercial Court's authority in resolving business disputes given the lack of clarity about the object of commercial matters that can be handled by the Commercial Court? The research method used is a normative juridical research method through a legislative approach. With data sources namely secondary data in the form of primary legal materials, secondary legal materials, and tertiary legal materials. The collected data is analyzed qualitatively. The results of the research show that the authority of the Commercial Court in addition to bankruptcy and other commerce currently being examined is intellectual property rights namely Industrial Design, Layout Design of Integrated Circuits, Patents, Trademarks and Copyright while business disputes are submitted to the Commercial Court which are not regulated by law The law is a case relating to banking, trade agreements, consumer protection, insurance, corporate, transportation and capital markets. As a suggestion the authority of the Commercial Court should be clearly specified in the category of business cases and constitute the absolute competence of the Commercial Court and the Commercial Court to be established throughout the Capital of the Province
KEDUDUKAN PRODUK HUKUM DARI FUNGSI PENGATURAN MAHKAMAH AGUNG DALAM SISTEM PERUNDANG-UNDANGAN NASIONAL
ABSTRAKAuthority of the Supreme Court in Implementing the Functions of Post-Amendment Arrangements of the 1945 Constitution associated with the current national legislation system will be very meaningful to determine whether the legal products made by the Supreme Court have the power such as legal products made by legislators - other invitations. The problem examined is how is the legal product position from the Supreme Court's regulatory function in the national legislation system? To answer these problems, this study uses a normative juridical method with a legislative approach. Sources of data are generated from the study of laws and regulations, decisions of the Supreme Court, Supreme Court regulations, Supreme Court circular letters and related research literature. The resulting data is qualitative data. The data is processed, analyzed, and presented with analytical descriptive methods. Based on the results of the study, it can be explained that the legal product position of the Supreme Court's regulatory function in the national legislation system consists of the position of the Supreme Court Regulation as a statutory regulation, and the position of the Supreme Court Circular as a policy regulation. The advice given is that in the implementation of the Supreme Court's regulatory functions it needs to be limited so that no arbitrary acts or acts of abuse of authority occur.
PENYELENGGARAAN PELAYANAN PUBLIK BERDASARKAN ASAS OTONOMI DAERAH PADA KECAMATAN GEDONG TATAAN- KABUPATEN PESAWARAN
Abstract:The system of government in Indonesia according to the 1945 Constitution, based on the explanation stated that the regions of Indonesia are divided into provincial and provincial regions will also be divided into smaller areas in autonomous regions. In legal politics, the most essential in the implementation of autonomous regional government is the granting of the broadest authority to the regions accompanied by the granting of certain rights and obligations. In the reality in the field, this policy was not implemented in accordance with the provisions of the Act. The lack of optimal public services in serving the people in several regions in Indonesia in various fields, including government agencies, has not yet been able to provide maximum public services, so in this paper will discuss how the efforts made by the Regional Government, especially in Gedong Tataan Subdistrict, Pesawaran District in organizing and improving public services based on its Regional Autonomy Principle. The efforts made in the discussion and solving problems in this study were carried out using a juridical / normative approach and empirical approach. The implementation of public policy based on the principle of regional autonomy in the District of Pesawaran District Gedong Tataan is in accordance with Law Number 23 of 2014 concerning Regional Government and Law Number 25 of 2009 concerning Public Services, but there are technical obstacles such as the distance from public services to one another, less responsive, less informative and lacking coordination in service delivery. Efforts that can be made by the Gedong Tataan District Government in improving the quality of public services are through revitalization, restructuring and deregulation in the field of public services. Suggestions that can be given to the Regional Government, especially in the District of Pesawaran District Gedong Tataan in carrying out public services based on the principle of autonomy are: expected in carrying out the process of implementing public services must be in accordance with Law Number 25 of 2009 concerning Public Services and expected improvement in the quality of behavior and professionalism of the apparatus government, creating public service policies that are not too procedural and convoluted, and improve facilities that support quality services
ANALISIS PUTUSAN PIDANA MATI TERHADAP PELAKU TINDAK PIDANA NARKOTIKA DAN PSIKOTROPIKA
ABSTRAKThe imposition of capital punishment on narcotics and psychotropic criminals in Indonesia in the perspective of human rights based on the 1945 Constitution needs to be reviewed to understand whether capital punishment is a way of law enforcement that is contrary to human rights. The main problem being the object of research, is the imposition of capital punishment against narcotics and psychotropic criminals violating human rights based on the 1945 Constitution. This research is a normative legal research through a legislative approach, conceptual, case. The data used is secondary data with qualitative data analysis. The results of the study show that the imposition of capital punishment on narcotics and psychotropic criminals does not violate human rights because it does not conflict with the provisions of Article 28A, Article 28I paragraph (1) and Article 28J paragraph (2) of the 1945 Constitution and does not violate Indonesia's international legal obligations that were born from international agreements on the eradication of illicit trafficking in narcotics and psychotropic substances. As a suggestion, law enforcement needs to be improved, because crime / narcotics and psychotropic crimes are transnational types of crime by using high modus operandi
Tinjauan Yuridis Putusan Mahkamah Konstitusi Nomor 25/PUU-XIV/2016 dalam Hal Perubahan Ketentuan Pasal 2 dan 3 Undang-Undang Nomor 20 Tahun 2001 tentang Tindak Pidana Korupsi
Implementation of the Constitutional Court Decision Number 25 / PUU-XIV / 2016 In the matter of Amendments to the Provisions of Article 2 and 3 of Law Number 20 of 2001 concerning Corruption Crimes and Legal Effects Arising from the Decision of the Constitutional Court Decision Number 25 / PUU-XIV / 2016 in The Amendment to the Provisions of Article 2 and 3 of Law Number 20 of 2001 concerning Corruption. The results of this study are, Opinion of the word "Get" in Article 2 paragraph (1) and Article 3 means "possible", "potential", "can", "not necessarily". If the word "can" is omitted it will weaken Article 2 paragraph (1) and Article 3 of Law Number 31 Year 1999 as amended by Law Number 20 of 2001 concerning Eradication of Corruption, in the case of Corruption categorized as Extraordinary Crime Extraordinary Law law enforcement should be implemented not by weakening the legal basis in eradicating the Corruption
Implementasi Pasal 3 Peraturan Daerah Kota Metro Nomor 02 Tahun 2012 Tentang Pajak Daerah
Dalam rangka meningkatkan Pendapatan Asli Daerah Kota Metro. Salah satu perangkat daerah yang memiliki kewenangan dalam melaksanakan Peraturan Daerah adalah Badan Pendapatan Daerah Kota Metro. Permasalahan penelitian adalah bagaimana implementasi Pasal 3 Peraturan Daerah Kota Metro Nomor 02 Tahun 2012 tentang Pajak Daerah Pendekatan masalah pada penelitian ini adalah pendekatan yuridis normatif dan empiris. Pengumpulan data dengan studi pustaka dan studi lapangan dan data dianalisis secara kualitatif. Hasil penelitian ini menunjukkan bahwa implementasi Pasal 3 Peraturan Daerah Kota Metro Nomor 02 Tahun 2012 tentang Pajak Daerah dilaksanakan oleh Badan Pendapatan Daerah dengan cara memperluas tax-base pajak hotel dan melakukan sistem penarikan pajak door to door, yaitu dengan melakukan penagihan dengan mendatangi wajib pajak hotel secara langsung, melakukan reidentifikasi mandat organisasi dan melaksanakan pemungutan pajak hotel sesuai Standar Operasional Prosedur melalui program intensifikasi dan ekstensifikasi pajak. Saran untuk meningkatkan pajak hotel yaitu memperluas tax-base pajak hotel dengan cara melakukan pendataan kembali objek pajak hotel yang telah ada, meningkatkan motivasi pegawai dengan cara memberikan imbalan kepada pegawai yang berprestasi