KAJIAN TEORITIS ALIRAN POSITIVISME HUKUM, DIHUBUNGKAN DENGAN KETENTUAN UU NO. 24 TAHUN 2009 TENTANG BENDERA, BAHASA DAN LAMBANG NEGARA, SERTA LAGU KEBANGSAAN JO UU NO. 12 TAHUN 2011 TENTANG PEMBENTUKAN PERUNDANG-UNDANGAN

The law state concept which applied in Indonesia is the law system as heritage of Netherland which is growth in the Europe Continental is mention “Europe Continental Concept”, which is implementing base on “concordance principle” which is mentioned in the transition rule Article II of The Indonesia Constitution Year of 1945 (original text). Which declaring “all institutions of the state and regulation which is existing at the time is directly apply, during  been providing the new regulation yet base on this Constitution”. One of the other character of this law system in the Continental Europe Concept is the law  positivism or the law legism, which generally can be meaning that law identicallly  with the rule, outside the rule there is no law, to creating the certainty of law, the law absolutely be made by legislature institution, and be placed in the book of the rule (codification). The born of MPRS Decree No. XX/MPRS/1966 Subject to the hierarchy of the regulation, MPR Decree No. III/MPR/2000 Subject to the hierarchy of the regulation, Rule No. 10 Year of 2004 Subject to the Forming the Regulation, and Rule No. 12 Year of 2011 Subject to the Forming the Regulation. is meaning that Indonesia State belonging the on the rule and certainty of law. In the fact on practice still many society which not understanding yet each regulation which decided by the state, so that, often happened law violations which carry out by the society, but the society are not care as have been done. Such as for the time being happened the case of violation of the flag of the rule No. 24 Year of 2009 subject to the letters, flag and symbols of state. The conclution of this research that, the national law system of Indonesia, in the practically influenced by the concept of law positivism/legism from Continental Europe System.Key Words : Positivisme, konkordansi, legisme, certainty of law

STUDY AND ANALYSIS CONCERNING THE URGENCY OF APPLICATION FOR EXPANDING THE REGENCY/CITY AREA IN BANTEN PROVINCE

The establishment of a region can be in the form of a merging of several regions or parts of a contiguous region or division and one region becoming two or more. Regional expansion is basically intended to provide opportunities for regions to be able to take care of their own households, which in turn can increase the level of welfare in their area. The proposal for regional expansion in the regional government began with the promotion of regional autonomy with the issuance of Law No. 22 of 1999 concerning Regional Government, Law No. 32 of 2004 concerning Regional Government, Law no. 12 of 2008 concerning the Second Amendment to Law No. 32 of 2004 concerning Regional Government and Law No. 23 of 2014 concerning Regional Government. The research model used is qualitative research, where the data used is weighted data in providing reinforcement in the research process. The approach in this research is sociological juridical where in addition to reviewing the laws and regulations relating to regional expansion, sociological studies are also carried out by conducting observations and territorial data in Banten Province. The results of this study, the implementation of the division of the Regency/City in Banten Province has been carried out referring to existing laws and regulations, and in general has been quite successful. However, there are a number of Regency/City areas which in the regional capacity do not yet have the sufficiency to become independent regions

Pengaruh Konvensi Hukum Laut Internasional Tahun 1982 Terhadap Wilayah Laut Indonesia

Abstract.Indonesia is a country that has a wider sea area (two thirds) than the land area (one third). The land area of Indonesia consists of thousands of islands which include: inland waters, straits and bays which serve as a link between the existing islands. Determination of the Geneva convention in 1958-1960 concerning the law of the sea has not given satisfaction to the state of Indonesia in providing national security regarding the unintegrated national territory. This can be seen as a mistake in the decision of the Geneva convention of 1958-1960 on the Law of the International Sea, which has not guaranteed the protection of all marine areas, especially marine areas in inland waters. Therefore, the Indonesian government pioneered the 1957 Djuanda Declaration, followed by the struggle of Foreign Minister Mochtar Kusumaatmadja and Indonesian diplomats such as Hasyim Djalal to try to accommodate Indonesia's interests as an archipelagic state. In the end, the above struggles can be fulfilled in the provisions of the Third Law of the Sea Convention in 1982, recognizing that all marine areas including Indonesia's inland waters constitute an Indonesian territory (insight of the archipelago).Keywords: Law of the Sea 1958, Law of the Sea of 1982, Sea Area, Archipelago Insight Abstrak. Indonesia adalah negara yang memiliki wilayah laut lebih luas (dua pertiga) dari wilayah daratan (satu pertiga). Wilayah daratan Indonesia terdiri dari beribu-ribu pulau yang di dalamnya meliputi: perairan pedalaman, selat maupun teluk yang menjadi penghubung antar pulau-pulau yang ada. Penetapan konvensi Jenewa tahun 1958-1960 tentang hukum laut belum memberikan kepuasan kepada negara Indonesia dalam memberikan pengamanan secara nasional berkenaan dengan belum terintegrasinya wilayah nasional. Hal ini dapat dilihat salah keputusan konvensi Jenewa Tahun 1958-1960 tentang Hukum Laut Internasional belum memberikan jaminan perlindungan terhadap seluruh wilayah laut terutama wilayah laut di perairan pedalaman. Karena itu, pemerintah Indonesia yang pelopori dengan Deklarasi Djuanda 1957, dilanjutkan perjuangan Menteri Luar Negeri Mochtar Kusumaatmadja serta para Diplomat Indonesia seperti Hasyim Djalal berupaya agar kepentingan Indonesia sebagai negara kepulauan (archipelagic state) dapat diakomodir. Pada akhirnya perjuangan-perjuangan di atas dapat dipenuhi pada ketetapan Konvensi Hukum Laut Ke III tahun 1982 mengakui bahwa seluruh wilayah laut termasuk perairan pedalaman Indonesia merupakan suatu kesatuan wilayah Indonesia (wawasan nusantara).Kata Kunci: Hukum Laut 1958, Hukum Laut 1982, Wilayah Laut, Wawasan Nusantara

Kedudukan notaris sebagai pejabat pembuat akta otentik dan sebagai pejabat pembuat akta tanah

Hal 36-5

The Position of President and Vice President of Republic of Indonesia, After 3rd Amendment Constitution 1945, Correlated with The 4th Principle of Pancasila

The third time amendments of the constitution Republic of Indonesia 1945 has amended the constitutional system of the position President Republic of Indonesia fundamentally In the article 6 clause 2, The original manuscript the law of the Republic of Indonesia 1945 mention that “The President and the Vice President of Republic of Indonesia are elected by people representative assembly through the most voters. Meanwhile the result of the third amendment as mentioned previously in the Article 6A, paragraph (1) said that “The president and vice president shall be elected in one partner by people directly. The amendment above has changed the authority of People Representative Assembly (MPR) to elect the president and the vice president of the Republic of Indonesia as a representative of people. The change has been a discussion in the people, is the change election the president and vice president which is done by the representative system through People Representative Assembly (MPR) or the direct election which is elected by people. The question, Does appropriate with the value of which contained in the fourth principle of Pancasila? The method of study through the empirical normative. The normative study will use the secondary data, it connects to the legislation, library references and the other supporting data. The empirical means in the study will use primary data that is interview with the experts, academicians, practitioners, even politicians. The conclusion of the study has been analyzed which based on The basis of philosophical, theories even juridical that the changed election system of the President and the vice President from representative to direct election does not appropriate in the fourth principle of Pancasila

The Position of President and Vice President of Republic of Indonesia, After 3

The third time amendments of the constitution Republic of Indonesia 1945 has amended the constitutional system of the position President Republic of Indonesia fundamentally In the article 6 clause 2, The original manuscript the law of the Republic of Indonesia 1945 mention that “The President and the Vice President of Republic of Indonesia are elected by people representative assembly through the most voters. Meanwhile the result of the third amendment as mentioned previously in the Article 6A, paragraph (1) said that “The president and vice president shall be elected in one partner by people directly. The amendment above has changed the authority of People Representative Assembly (MPR) to elect the president and the vice president of the Republic of Indonesia as a representative of people. The change has been a discussion in the people, is the change election the president and vice president which is done by the representative system through People Representative Assembly (MPR) or the direct election which is elected by people. The question, Does appropriate with the value of which contained in the fourth principle of Pancasila? The method of study through the empirical normative. The normative study will use the secondary data, it connects to the legislation, library references and the other supporting data. The empirical means in the study will use primary data that is interview with the experts, academicians, practitioners, even politicians. The conclusion of the study has been analyzed which based on The basis of philosophical, theories even juridical that the changed election system of the President and the vice President from representative to direct election does not appropriate in the fourth principle of Pancasila

Jurnal cita hukum volume 6 number 2 2018

iii, 386 hlm, 24,1 x 17,1 c