Ekowisata Bahari dan Wisata Olahraga Bahari di Desa Olele: Studi Pendahuluan

This research aims to obtain a general overview of marine ecotourism and marine sports tourism in Olele Village. Applying qualitative description methods, this research uses interview techniques, observation, and literature study for data collection. This research shows that sports tourism activities are in the marine ecotourism area in Olele Village. Types of sports activities, namely snorkeling and diving. In conclusion, there are tourism activities in the marine ecosystem area in Olele Village. Keywords: ecotourism, sports tourism, marine sport

Dispute Resolution Option on the Result of the Simultaneous Regional Head Election Without the Enactment of Vote Difference Threshold

Enactment of the vote difference threshold as a requirement to file a dispute over the result of a simultaneous election of regional head to the judiciary has had implications for the dispute resolution process which is not in accordance with general dispute resolution principles to the detriment of the candidate pairs. The threshold of the vote difference is not appropriate to be applied in the case of dispute over the results of the regional head election so that the enactment of the vote threshold should be removed and at the same time a new form of dispute resolution of the simultaneous election result of regional head shall be made. Some forms of dispute resolution on the regional head election result without the enactment of the vote difference threshold can be done through the formation of a special justice body of regional head election, establishment of special justice body in provincial level and or trial by other judicial institution first prior to submitted to the Constitutional Court. Keywords: Election of Regional Head, Dispute of Election Result, Threshold of Vote Differenc

Law Reconstruction of Public Mining Areas Gives Law Safety Guarantee of Miners Rights Based on Social Justice

Management of natural resources directed to give a public prosperity. It has already been set out in the preamble constitution of the Republic of Indonesia in 1945. Mining resources owned by the public have to be organized by the country and the result must be given to the public. Instruction which tend to seek sustenance in daily life as same as the Republic of Indonesia’s constitution in 1945 in the article of 27 (paragraph 2) state, “Every citizens have the rights of any job and a decent living for the people”, no exception to the work of minners work. However, the constitution of minerba have not give any legal protection of the mining worker rights because of the mining areas management do not support the mining workers. Keywords: Reconstruction, law, mining, publi

Legal Dualism Norm Administrative Decision

The legal implications of the legal dualism,State Administrative Decisions (KTUN ), settings in the administrative dispute is legal uncertainty. This means that the law is uncertain. In theory, legal certainty stated that the law should be clear and logical. Obviously in the sense that there is no logical vagueness of the norm and there is no clash of norms. Legal certainty is a condition or circumstance arising because of a rule that has been created and compiled then enacted with certainty to clearly and logically. Understanding Obviously no blurring of norms or doubts (multiple interpretations) and understanding Logis is a system of norms with other norms so as not to clash or conflict norms. Legal certainty refers to the application of the law is clear, permanent, consistently and consequently, the implementation of which can not be influenced by circumstances subjective nature. Key Terms: Legal dualism, Administrative Decisio

Implication of the Vote-Difference Threshold in Settlement of Disputes on Results of Election of Regional Heads on Legal Protection Principle

Legal protection is an effort to protect, safeguard and fortify the rights of citizens to avoid being violated or harmed, the effort of legal protection is built based on human rights and repressive protection. The realization of legal protection is the availability of judicial chambers for the justice seekers to obtain justice through the judiciary. However, the access to justice through the judicial process did not materialize in the settlement of disputes over the results of the Regional Head Election (PHPKADA). It is due to the application of the threshold of vote difference in the law of dispute settlement result of regional head election to be able to apply to Constitutional Court (MK) so that many candidate pair of election candidates who cannot apply although their rights violated or harmed. Based on this issue, a research problem appears on why the threshold of vote difference is a requirement to file a dispute over the results and what the implications are for the principle of legal protection. The formulation of this problem will be thorough with the juridical-normative research method by using content analysis and prescriptive analysis. The results showed that the application of the threshold of the difference in vote to file a case to the Constitutional Court is an attempt to minimize the number of cases filed, and must be prosecuted by the Court at the same time. The limitation of the number of cases through the threshold of the vote difference has caused the number of candidates for regional heads who cannot apply to the Constitutional Court when they feel that their rights have been violated or become victims of other pairs’ fraud. This is certainly not in line with the principle of legal protection in which each right of candidate pairs should be protected and given the opportunity to obtain justice through the judiciary. Substantially, an alternative judicial process should be established for the candidates of regional heads who do not meet the threshold of the vote. Key Terms: Threshold of vote difference, legal protection, rights of candidates for regional head

Indonesia Natural Resource Management Arrangement In the Maqashid of Shariah

Development is essentially a process of social change that can not be avoided. Therefore, development is still important to do, but that must be considered is the implementation of development that should not sacrifice the environment in such a way that there is no longer the carrying capacity of the environment that will support life. The cost of living and social costs will be higher if the environment is sacrificed solely for the sake of development. Thus, this method will encourage human beings to always maintain the quality of the environment not only based on environmental ethics, but more than that the implementation of maintaining the quality of the environment placed in the context of worship, ie adherence to the Shari'a to be assessed a record of kindness or merit in the sight of Allah SWT Key words: Resource, power, natural, Maqshid, Shari’

The Determination of Waiting Listed Pilgrim Candidates Criteria in Hajj Enforcement System In Indonesia

Article 1 number 2, the Law of the Republic of Indonesia Number 13 Year 2008 regarding the Hajj enforcement, (abbreviated UUPIH) states that the Hajj enforcement is a series of management activities of Hajj implementation that includes coaching, serving, and protection of pilgrims. That article is intended only for pilgrims candidate who will depart in the current year, while for pilgrims in waiting list do not get the same legal protection as pilgrims who departed in the current year. The government's responsibility normatively is addressing, protecting and resolving the main problem of why the build-up of queues pilgrims everywhere until today has not been visible. This is seen when regulations of UUPIH implementation, there is no article which manage the fate of the pilgrims in waiting list. Based on those problems, this paper analyzes the managing criteria for candidate of Waiting List pilgrims in Hajj enforcement system in Indonesia. The method used is normative research which is focused on legal materials. This research uses law, conceptual and philosophical approach. Based on the results of the research, it is known that managing criteria for pilgrims candidate in waiting list in the Hajj enforcement system in Indonesia either in law No. 17 year 1999 about Hajj enforcement or law Number 13 year 2008 about Hajj enforcement and its derivatives, juridical legislation has not yet regulated the selection of system pilgrims criteria based on pilgrims’ capability, the limit of the minimum and maximum age of pilgrims and Hajj repetition. This has become one of the causes of the worst of care system in the Hajj registration. Keywords : Determination, Criteria of Pilgrim Candidates, Hajj Enforcement Syste

Meaning of Authority of Policy-Making Officials of Bail Out Century And Legal Responsibility In Constraining The Financial Crisis

At the end of December 2008 Bank Century recorded a loss of Rp 7.8 trillion. The Bank is granted funding of Rp 1.55 trillion on February 3, 2009. The bail granting or bail out to Bank Century is a decision of the Financial System Stability Committee (KSSK) formed based on Government Regulation in Lieu of Law (Perppu) Number 4 2008 on the Financial System Stability Net which later established Bank Century as a failed bank with systemic impact. Determination of failed bank with systemic impact by policy-making officials is considered an abuse of authority if the policy creates a legal and political debate. However, this policy cannot be judged by the discipline of law or its implementer apparatus (overheidbeleid) which is an area of administrative law regardless whether there is a validity of substance of those policies or not. Policies issued in urgent and emergency conditions are generally not in accordance with or even against the written rules. Therefore, the policies issued in emergency conditions cannot be assessed or measured by regulatory products under normal circumstances. One of the consequences is an emergence of allegation of criminalization of the policy. In the view of law enforcer, such action cannot be qualified as criminalizing the policy if part of the policy-making mechanism is established on the basis of predetermined norms. The Supreme Court as the highest judicial institution has a different attitude in deciding a case related to government policy. Based on law and regulations, the Supreme Court pleaded guilty to policy-making officials who misused authority and provided clarity of responsible legal subjects if there is a state loss, namely to policy-making officials and parties that caused the bank to fail. Keywords: bail out, failed bank, systemic, policy-making officials, abuse of authority

The Administration of the Waiting Listed Pilgrim Candidates in a Justicial Operation System of Hajj Worship

The high interest of Muslims to perform pilgrimage, especially in Indonesia is not supported with the quota given by the government of Saudi Arabia, that creates a long queue (waiting list). This is of course an obstacle for pilgrim candidates, especially for pilgrim candidates in certain conditions besides any other issues that arose before the departure of the pilgrimage. Based on the legal issues above, this paper attempts to formulate a focus of research related to the setting criteria for pilgrims waiting list in the system of organizing the Hajj to be equitable. To solve the forementioned problem the authors use the theory of maqasid al-shariah, theory of justicial law. On the legal issue of the arrangements for the waiting listed pilgrim candidates, both in terms of philosophical, juridical, and sociological theory, still found a variety of crucial issues which are very interesting to study. Therefore, the authors attempt to examine, test, and analyze the issue on “the fair administration of the criterion of the waiting listed pilgrim candidates" The used method in this research is focused on the normative legal material. The used approaches in this study are the legislation approach, conceptual approach, and philosophical approach.The results of this study indicate that setting criteria for the waiting listed pilgrim candidates waiting list in a fair system of organizing the Hajj is to affirm the principle of legal arrangements for pilgrims who are capable, in accordance with age selectivity principles, and the obligations of performing Hajj worship only once in a lifetime. It is based on the change of situations and condition in the destination (The Holy Land) which can not accommodate the number of pilgrims. Keywords: Hajj Implementation System, Waiting Listed Pilgrim Candidate

Fulfillment of the Principle of Justice in Making Birth Certificates for Children Born Outside of Legal Marriage Between Both Parents

The problem in this study is related to the fulfillment of the principle of justice in making birth certificates intended for children born outside of marriage which is carried out legally between the two parents.  This article is normative juridical research with a statutory and conceptual approach.  The results of this legal research show that the principle of justice for illegitimate children can be fulfilled by adjusting the provisions regarding the making and issuance of birth certificates for illegitimate children based on the provisions on the status of illegitimate children in the Indonesia Constitutional Court Decision Number: 46/PUU-VIII/2010. Its cause in contrast to the provisions of the Indonesia Marriage Law regarding the distributive status of children outside of marriage, justice for children in the provisions of the status of children outside of marriage in the Indonesia Constitutional Court Decision Number: 46/PUU-VIII/2010 is more commutative. Furthermore, the provisions regarding the status of children out of wedlock in the Constitutional Court Decision Number: 46/PUU-VIII/2010 are teleologically more able to provide benefits and fulfill the purpose of establishing the rule of law and in line with the principle of child protection, namely the best interests of the child. The decision of the Indonesia Constitutional Court Number: 46/PUU-VIII/2010 can be implemented by creating a civil relationship between the child out of wedlock and the biological father and the family of the father. In addition, the Indonesia Constitutional Court Decision Number: 46/PUU-VIII/2010 also has an impact on the administrative field, namely by being able to issue birth certificates for children out of wedlock by including the name of the biological father, so that it is not limited to only including the name of the biological mother