Berlakunya Statuta Fédération Internationale De Football Association (Fifa) Dikaitkan dengan Kedaulatan Negara (Studi Kasus Dualisme Persatuan Sepakbola Seluruh Indonesia (PSSI))

This study aims to determine how the statute owned by an International sports federation which is an International non governmental organizations, Federation Internationale de Football Association (FIFA) on its relation to the sovereignty of a country, and this case is appeared on dualism that happened ini one of FIFA member, Football Association of Indonesia (PSSI). In the dualism of PSSI case, the Indonesian government urged to resolve the problem of PSSI but it is tangent to the articles in the FIFA Statutes which prohibits any intervention, including one from a country through the government, on the problems faced by members of FIFA and if that happens, there will be sanctions provided to the country's football association. The problem in this thesis is how to give FIFA a position as an International organization under International law, how the role of the FIFA Statutes as Lex Sportiva in the International community, and how the FIFA Statutes applicable to the sovereignty of the state in the dualism of PSSI case. The method used is the normative legal research with library research used to obtain secondary data required which includes primary legal materials, secondary and tertiary related issues. The results of the study are presented descriptively in order to obtain an explanation of the issues discussed. The results showed that the FIFA Statutes is Lex Sportiva and applied as a transnational law and binding its members in performing all activities. Applicability of Statutes of FIFA against the sovereignty of the state in the dualism of PSSI indicated by the Indonesian government involvement in resolving the case by holding to the FIFA instructions to guide the parties to the dispute and not to interfere and take PSSI directly. Here it can be seen that the Indonesian government run it with respect to the presence of FIFA and it statutes. FIFA also assumed that the Indonesian government did not intervene in the matter so that it did not issue any sanctions. With the harmonization between the Indonesian government involvement and the enforcement of the FIFA Statutes, PSSI then can solved the dualism problem

Asas Kepatutan dalam Pemberian Ganti Rugi dan Kompensasi oleh PT. Perusahaan Listrik Negara (Persero) Atas Tanah Masyarakat (Studi pada Pembangunan Jaringan Kabel Saluran Udara Tegangan Ekstra Tinggi (Sutet) di Kabupaten Langkat dan Kota Binjai)

Based on the legal handling on the compensation for the people who were harmed by the construction of SUTET Cable Network which was resulted in the agreement by both parties (PT. PLN (Persero) and the people), followed by the opinion of the District Attorney, it could be concluded that: The principle of compatibility played an important role in determining the achievement and the application of justice and certainty as the responsibility of the stakeholders for their performance and willingness to comply with their agreement. The process of the principle of compatibility through the agreement by reconciliation as the realization of the living custom with transparency and consanguinity could set aside the policy of the Decree of the Minister of Mining and Energy No. 975 K/47/MPE/1999. In maximizing its function and responsibility, PT. PLN (Persero) should admit that economic development is more advanced than the written record. In order not to be long-winded in the concept of compensation, it is necessary to be brave enough in internal improvement in prioritizing the need for justice and the need for legal certainty so that the goal is more prioritized than the procedure in taking the responsibilit

Pertanggungjawaban Pidana Badan USAha Berbentuk CV (Commanditaire Vennootschap) dalam Perlindungan dan Pengelolaan Lingkungan Hidup

Commanditaire Vennootschap (CV) is an uncorporated business entity as a perpetrators of enviromental crime is obliged to mantain the function of the enviroment and manage the pollutions or enviromental damages. Pollutions or enviromental damages caused by an economical contents and will be increase as the progress of economical. It is a duty of every person to mantain the functions of the enviroment and manages the pollutions or enviromental damages.The responsibility of an uncorporate business entity to enviromental protection and management may be convicted to the business entity , and also those who govern the enviromental crimes and people who lead the offense. The uncorporate responsibility in enviromental crime may be convicted to the association and to the agents that consist by general partner and limited partner on a duty that caused a pollutions and enviromental damages

Perlindungan Hukum terhadap Debitur (Pelaksana Pekerjaan) dalam Pelaksanaan Perjanjian Upah Borong (Partisipatif) dalam Proyek Swakelola di Lingkungan Pekerjaan Umum Kabupaten Deli Serdang

Government procurement of goods and service is a very essential part in the process of implementing the development. Without adequate equipment and infrastructure, the implementation of government's work will be disturbed and it will not achieve the maximum results. In order to achieve such results, comprehensible legal regulations are required, especially regarding rights and obligations of parties that execute the work. It is closely related to the agreement made in the implementation of contracted works as stipulated in Article 1601 b of the Civil Code. According to the agreement, the work results can be accounted for in terms of its physic, finance, and usefulness for the uninterrupted flow of government work and service. The thesis discusses some problems, namely how the protection for debtor (work executor) is in the agreement to the contracted work wages (participating) in self management project at the public works of Deli Serdang Regency and how the protection for debtor (work executor) is in the implementation of the agreement to the contracted work wages (participating) in the self management project at the public works of Deli Serdang Regency. The thesis uses analytical prescriptive judicial normative research method. It used the theory of Legal Protection. The data were gathered by using primary, secondary, and tertiary legal materials, supported by approach methods, namely statute approach, conceptual approach and case approach. The gathered data were analyzed qualityatively. The results showed that: First, in the agreement to the contracted work wages between the debtor (private party/contractor) and the creditor (government /employer), the debtor had weaker position compared to the creditor. The debtor is vulnerable to endure loss that was uncertainly paid by the creditor. Secondly, the agreement to the contracted work wages did not reflect balance principle in which the debtor bear their own obligations, for which in this research the debtor took legal action to obtain legal protection, so that the agreement world reflect the balance principle

Kedudukan dan Kekuatan Mengikat dari Nota Kesepahaman (Memorandum Of Understanding) dalam Perspektif Hukum Kontrak di Indonesia

Practically, Memorandum of Understanding (MOU) is commonly used by stakeholders, with various reasons, to do business transaction or inter-institutional relationship. As an agreement which is placed in pre-contract and preliminary contract, it is usually misinterpreted as a part of a contract in Indonesia so that it usually causes problems for stakeholders when it ends in legal dispute among the stakeholders. Therefore, it is necessary to do judicial normative analysis on the real position and binding force of Memorandum of Understanding, viewed from contract law in Indonesia. In this case, descriptive analytic method inductively and logically was used in primary, secondary, and tertiary legal materials in order to obtain clear description of meaning and principles found in the Memorandum of Understanding. The result of the analysis on court's consideration and verdicts shows that Memorandum of Understanding tends to be described as a contract according to the principles and provisions in the Civil Code so that the consideration deviates from the meaning of Memorandum of Understanding; that is, initial agreement is designed by the absence of legal consequence. In other words, Memorandum of Understanding is an agreement which comes from the stakeholders before everything is started seriously through a more and complex agreement in order to avoid damages of those who are involved in the agreement. When the contract is final and conclusive, Memorandum of Understanding can be equivalent with the principles and provisions under Article 1320 of the Indonesian Civil Code and, at the same time, Memorandum of Understanding has its substantial principles and becomes just a name