10 research outputs found

    Overview of Current Lagislation and Its Supporting Lagislations Concerning Trafficking in Children In Indonesia

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    Child trafficking is alarming in Indonesia. The country is recognized as a country of origin, transit and destination for victims of trafficking in children. Many of Indonesian young girls are trafficked to Southeast Asia, East Asia, the Middle East, as well as trafficked to Australia, North America, and Europe.  Many of the victims are subjected to sexual exploitation and servitude. In addition, domestic trafficking in children is also a major issue within Indonesia. The victims are subject to violations of human right, unsafe working conditions, and sexual abuse. Considering current legislations on criminal act of trafficking in children is not capable of providing a comprehensive and integrated legal basis for the eradication of the crime, the Government of Indonesia enacted the current legislation: i.e., Law No. 21 of 2007. Today, every person involved in trafficking in persons shall be punishable by a prison sentence of a minimum period of 3 (three) years and a maximum of 15 (fifteen) years and a fine amounting to a minimum of IDR 120 million and a maximum of IDR 600 million. The current legislation recently has been equipped with its implementing regulation, namely Government Regulation No. 9 of 2008 and Presidential Regulation No. 69 of 2008. Keywords: trafficking in children, current legislation, supporting legislation

    PENINGKATAN PENGETAHUAN MASYARAKAT TERHADAP PERANAN LEMBAGA KEUANGAN BANK DAN BUKAN BANK DI DI DESA MEKARMAJU KECAMATAN PASIRJAMBU KABUPATEN BANDUNG

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    Tujuan penyuluhan peranan Lembaga Keuangan Bank dan bukan Bank adalah agar masyarakat dapat memahami peranan perbankan dan bukan Bank dan juga perbedaan kedua Lembaga tersebut karena lembaga keuangan mempunyai peran yang sangat strategis sebagai wadah menghimpun dan menyalurkan dana secara efektif dan efisien untuk memenuhi kebutuhan masyarakat. Selain itu peranan lembaga keuangan bank dan bukan bank berbeda, tetapi kedua Lembaga keuangan tersebut memberi kontribusi bagi perekonomian negara. Jadi masyarakat perlu memahami hal tersebut. Metode pelaksanaan yaitu narasumber dalam hal ini Dosen menyampaikan materi dan dilakukan melalui pendekatan problem solving melalui diskusi dan tanyajawab. Kegiatan penyuluhan dilaksanakan di Desa Mekarmaju Kecamatan Pasirjambu Kabupaten Bandung. Sasaran kegiatan ini  yaitu masyarakat dan dihadiri oleh 21 orang. Desa Mekarmaju. Hasil penyuluhan ini bahwa masyarakat memberikan respon yang positif, dengan semangat dan antusias masyarakat bertanya yang melihatkan ketertarikan masyarakat untuk mengetahui lebih dalam tentang Lembaga keuangan dan implementasinya

    Perspektif Hukum dalam Peningkatan Ekonomi Masyarakat melalui Usaha Perkoperasian di Indonesia

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    Development of cooperatives of small and medium-sized enterprises, has become an integral part of national economic development. The presence of cooperative small and medium enterprises start since its establishment until now a a pillarnational economy, it is also reinforced in UUD1945, Article 33, however, if observed the presence and contribution can not be equated with other forms of business such as private companies and SOEs and have not been able to compete in the global market. As time goes by and the dynamic changes in all fields, the law must be able to anticipate these changes, in this case the law should not be left behind with the changes, and may be in line withdevelopment it, otherwise the development and role of law in economic development is not running optimally , Therefore, the law and the economy should be run in parallel and the law is also needed as a social control to avoid collisions with one another. Legal perspective of the running of the economy and increasing economic competitivenesscommunity, especially cooperatives, legal development is carried out through the renewal of legal materials such as the Law on Cooperatives in order to anticipate and competitive flow of globalization, particularly the economic field, but with due regard pluralistic society prevailing legal order and in an attempt to increase certainty and legal protection, law enforcement and human rights (HAM), legal awareness and legal services based on justice and truth, order and prosperity, in the framework of the implementation of state increasingly orderly, organized, smoothly, and globally competitive.     Kata Kunci: Perspektif hukum dalam peningkatan Koperasi

    Philosophical Challenges in the Era of Industrial Technology Disruption 4.0

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    In the development of a world that is experiencing the intensity of technological disruption, which has actually broken down the boundaries of space and time, and has ceased various developments in the order of daily life. This confirms the need for a clear mindset that every development or dynamic of technology in the industrial era 4.0 is like a double-edged sword. In a sense, positive and negative impacts. The technological progress of philosophy responds back, that is, one way of doing philosophy in the midst of increasingly powerful industrial technological advances. At that point, it becomes a challenge for philosophy to carry out its function as a critic and as a contributor of constructive direction. The struggle of the 21st century is the progression of industrial technology; therefore, this reality is interesting to study/examine in such a way through a comparative approach, a reflective approach in photographing and articulating sharply “artificial intelligence” technology. The double face of the impact of technological disruption will ultimately remind us that “humans” will be the main determinant of all matters of life on this earth. Keywords: philosophy challenge, era of disruption, 21st centur

    EXPANSION OF THE OBJECT OF INDEPENDENT RIGHTS AUCTION THROUGH THE DEED OF ENFORCEMENT OF LIABILITY RIGHTS

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    The deed of imposition of mortgage (APHT) generally cannot be released with a clause that the mortgage is also binding on everything which according to its designation is an integral part of the land and building. The implication is that the clause must be contained in the draft APHT made by the Land Deed Making Officer (PPAT). Failure to include this clause in the APHT will be fatal. This study aims to analyze the position of the mortgage deed in the auction of mortgage rights in the form of land, along with objects related to land. This research is a normative legal research with a statutory and conceptual approach. The results showed that the position of the APHT determines the success or failure of the auction of land and objects related to land. The provisions in Article 4 paragraph (4) of Law Number 4 of 1996 concerning Mortgage Rights, Article 506, Article 507, Article 584 of the Civil Code will not provide benefits to creditors if the clause in the deed of encumbrance of mortgages does not include in detail the granting of mortgage rights covering a plot of land. land and its successors and/or existing or future works that stand on it, which become an integral part of the land, which due to their nature, purpose, or according to the law are considered immovable objects

    THE ROLE OF COOPERATION AGREEMENT IN PARTNERSHIP SYSTEM TO IMPROVE INDONESIAN COOPERATIVE BUSINESS COMPETITIVENESSIN THE NATIONAL ECONOMY

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    Agreement law is very instrumental in carrying out partnerships between cooperatives and other business entities, because partnerships made without agreement will not have certainty for all parties. The lack of achievement will affect the rights and obligations of the parties in partnership. Cooperative as a legal entity, in principle, is the same as the form of other legal entities. However, in its development it is not the same as a business entity that has other legal entities such as PT and BUMN. In fact, the cooperative is a teacher of the national economy and as a legal entity, as stipulated in Article 33 of the 1945 Constitution of the Republic of Indonesia. This pact is very interesting to study with the aim of: finding to examine the implementation of partnership cooperation agreements in improving cooperative competitiveness. The study was done to examine the increasing competitiveness of Indonesian cooperative businesses through partnership cooperation in the development of Indonesian cooperatives. This study used normative juridical research, with the nature of descriptive analysis research. The data collection techniques were done through library study or document study, but field data is also used to support and complete library data, after the data were collected, they were analyzed by juridical qualitative. Based on the results of research, it was found that to develop cooperatives to be able to have competitiveness, the cooperatives need partnerships with other business partners. The supporting skills such as: skills transfer process, production and processing, marketing, capital, human resources and technology development. Partnerships carried out between cooperatives and other business entities must be based on principles of mutual need, mutual trust, mutual reinforcement and mutual benefit. These principles are taken to eliminate a stereotype that the strong parties will run over the weak parties. The concept of partnership is in accordance with Article 33 of the 1945 Constitution of the Republic of Indonesia, emphasizing that the economy is structured as a joint venture based on kinship. Therefore, the concept of partnership is a manifestation of the principle of kinship in the development of cooperatives in Indonesia. &nbsp

    Comparison of Criminal Provisions in National Legislation of Deep Seabed Mining Sponsoring Countries

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    National legislation is the requirement established by the International Seabed Authority (ISA) for each country sponsoring Deep-seabed Mining (DSM) and criminal provisions and sanctions are an inseparable part of it. A total of 38 countries are listed as sponsor countries, while Indonesia, with its potential as a maritime country and member of UNCLOS 1982, has not participated in DSM activities. This article aims to explore and compare the criminal provisions in the national legislation of sponsoring countries that have been approved by the ISA so that the formulation of sanctions in Indonesian national legislation can be illustrated in order to prepare Indonesia’s contribution as a sponsoring country for DSM activities in the International Seabed Area. The research method used is normative juridical with a statutory and comparative approach. The research results show that the majority of sponsoring countries in their criminal provisions stipulate criminal sanctions in the form of fines as well as the possibility of imprisonment and several administrative sanctions. Based on the results of this comparative study, it can be concluded that the formulation of sanctions that can be regulated in Indonesian national legislation is a maximum fine of more than 100 billion Rupiah and a maximum prison sentence of not less than 5 years, as well as additional criminal penalties and administrative sanctions in the form of termination or revocation of DSM activity permits, confiscation of profits resulting from illegal DSM acquisition, and compensation for environmental damage caused by DSM activities

    SETTLEMENT OF DIFFERENCE IN INDUSTRIAL RELATIONSHIP IN COURT BASED ON LAW NO. 2 YEAR 2004

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    Labor Dispute Settlement in the Industrial Relations Court Based on Law No. 2 of 2004 concerning the IRC which includes First: Research Objectives To find out and analyze the types of Disputes that can be resolved at the Industrial Relations Court, To find out the position of the Industrial Relations Court in the Judicial System in Indonesia, To find out the Process of Settling Industrial Relations Disputes in the Relations Court Industrial. Second The scope of the research describes the state of labor disputes, the legal protection of the labor justice system. The third research method is to use qualitative research methods that are nominally. The fourth discussion on Settlement of Labor Disputes at the Industrial Relations Court, is regulated by Law No. 48 of 2009 concerning Judicial Power, which also applies to all judicial bodies in the territory of the Republic of Indonesia. Before the enactment of Law No. 2 of 2004 concerning Settlement of Industrial Relations Disputes. Before these steps are taken, they must first be completed through a Bipartite settlement, Conciliation, Mediation, Negotiation and Arbitration, which must be taken first based on an agreement between the worker and the employer. that the existence and entry into force of Law No. 2 of 2004 is a gateway to labor law towards a labor justice system that is fast, accurate, fair and inexpensive and can guarantee legal certainty that is highly coveted by workers and employers in particular and the Indonesian people in general. The Fifth Conclusions in Settling Industrial Relations Disputes there are 4 (four) types of disputes which then become the absolute authority of the Industrial Relations Court, including: First, Rights Disputes. Second, disputes of interest. Third, Work Termination Disputes. Fourth, disputes between trade unions / labor unions. In addition to the settlement process at the Industrial Relations Court, the Industrial Relations Dispute Settlement Act also regulates alternative industrial relations settlements carried out outside the court, namely through bipartite efforts which constitute mandatory, mediation and conciliation efforts which are mandatory effort choices before entering the Industrial Relations Court, and arbitration which is a settlement institution that has a decision of permanent legal force. &nbsp
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