25 research outputs found

    Mengenal Prinsip Dan Penerapan Corporate Governance Dalam Mendukung Pengungkapan Informasi

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    Good Corporate Governance (GCG) kini makin popular, dan menjadi prasyarat, karena GCG merupakan salah satu kunci sukses Perusahaan untuk dapat terus tumbuh dan dapat menguntungkan dalam jangka panjang, sekaligus memenangkan persaingan bisnis dalam era globalisasi dewasa ini. Khususnya untuk Perusahaan yang telah mampu berkembang, penerapan GCG sudah harus diperhitungkan. Terdapat empat komponen utama yang diperlukan dalam konsep Good Corporate Governance ini, yaitu fairness, transparancy, accountability, dan responsibility (Beasly et.al, 1996). Dalam Kepmen Badan Usaha Milik Negara tahun 2002, Corporate Governance disebut suatu proses terstruktur yang digunakan dalam organ BUMN, untuk meningkatkan keberhasilan USAha dan akuntabilitas Perusahaan guna mewujudkan nilai pemegang saham dalam jangka panjang, yang tetap memperhatikan kepentingan stakeholder lainnya, berlandaskan peraturan Perundang-undangan dan etika. Semakin tinggi indeks Corporate Governance suatu Perusahaan yang menerapkan Good Corporate Governance, maka semakin tinggi pula tingkat pengungkapan informasinya. Jika dianalisis, maka faktor-faktor yang menyebabkan adanya pengaruh pada hal tersebut, dapat di tinjau dari beberapa faktor, antara lain; implementasi Corporate Governance (CG), struktur kepemilikan, ukuran Perusahaan, dan Profitabilitas. Keywords: Good Corporate Governance, pengungkapan Informasi

    Peranan The United Nations Children\u27s Fund (Unicef) dalam Penanganan Eksploitasi Seksual Komersial Anak (Eska) di Dunia

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    Maharany Fitri* Dr. Chairul Bariah, S.H., M.Hum.** Arif, S.H., M.Hum.*** Child Commercial Sexual Exploitation is a basic violation to the rights of children. These violations consist of sexual abuse from adults and rewards in a form of money or object for the child, third parties, or other parties. Child Commercial Sexual Exploitation can take form in Child Prostitution, Early-age Marriage, Child Pornography, or even Child Sex Tourism. In Principle, International law already legislate a law about Child Commercial Sexual Exploitation. However, Child Commercial Sexual Exploitation is still a never ending problem. Therefore, UNICEF as an Organization who on the job for child benefit felt that it is their responsibility to help Nations all around the world fight Child Commercial Sexual Exploitation. Based on this, the formulations of the problem in this research are: What is the position of the child in International law? How is the protection system against Commercial Sexual Exploitation of Children? What are UNICEF\u27s roles as the International organizations in dealing with the practice of Sexual Exploitation of Children in the world? By using empirical - normative research methods, which combine normative legal approach with several empirical studies, it can be concluded that the children were in accordance with International law are those who are under 18 years old unless, under the law applicable to the child, majority is attained earlier. Children must be protected by the government, local communities and families because they are considered weak and not aware of their rights. Article 34 of the UN Convention on the Rights of the Child states that State parties are obliged to protect the child from all forms of sexual exploitation. UNICEF as an International organization working in the field of children protection felt obliged to assist and cooperate with the countries all around the world to protect children from Commercial Sexual Exploitation of Children and eliminate them. To do so, UNICEF makes an accurate data about Commercial Sexual Exploitation of Children, giving help and rehabilitation for the victim of Commercial Sexual Exploitation of Children, giving the community the right education so they can avoid Commercial Sexual Exploitation of Children, and also helping the government so they by law can handle Commercial Sexual Exploitation of Children that happened in their country

    Perlindungan Hukum Dan Tanggung Jawab Terhadap Penumpang Sipil Pada Kecelakaan Pesawat Udara Dalam Lingkup Hukum Internasional

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    The writing is on the backs by setting the legal protection and responsibilities of civil passenger aircraft accident within the scope of International law, the problem is how the civil aviation, legal protection of civilian passengers, airline liability for passenger aircraft accidents. It is necessary to set up an arrangement of the flight. But in reality the calamities that befall the flight is still occurring, then get out some of the Convention among other Warsawa Convention of 1929, Act No. 1 of 2009

    Praktik Impunity dalam Kasus Pelanggaran HAM Berat (Tinjauan terhadap Kasus Pembantaian Rawagede 1947)

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    Impunity is one of the most often thing that ever happened in order to settle the gross human rights violations. Impunity means crime without punishment and an inevitable phenomenon in gross human rights violations\u27 cases. In the scope of International law, impunity refers to the failure to bring perpetrators of gross human rights violations to justice and denial of the right of victims to obtain justice and their right to redress. Impunity allows the cycle of human rights violations keeps going on, because the persons who committed the violations are not considered responsible. The 1947 Rawagede massacre case is an old case that began to become a hot topic which discussed by many recently ever since the case was taken to the Hague District Court in 2009. Therefore, the problems in this thesis are about the position of impunity in human rights violations\u27 cases, the International laws that related to the practice of impunity and how that happened in the case of the 1947 Rawagede massacre case. The research methodology used in this thesis is a normative legal research or library research, by collecting materials from books, journals, websites, legislations and other scientific papers which are closely related to the intentions and purposes of the preparation of this manuscript. Internationally, there are a few regulations which can be applied in this topic, because the scope is about human rights. First of all is the contents in the 1948 Universal Declaration of Human Rights. The second, for the assertion is the contents in the 1993 Vienna Declaration and Programme of Action. Last but not least, for the regulations on gross human rights violations are the contents in the 1998 Rome Statute. But because Indonesia has not ratified the 1998 Rome Statute and this events occurred long before the Rome Statute generated, then the case was submitted to the Hague District Court. As the result of this study, the conclusion is that the practice of impunity itself, even though not inevitable, still will not release the offenders from their responsibilities towards the victims of gross human rights violations because the victims have basic legal rights that must be fulfilled

    Perlindungan Atas Imigran Rohingya Dalam Pelanggaran Ham Berat Di Myanmar Dari Aspek Hukum Internasional Dan Hukum Nasional

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    Rohingya Ethnic is a minority ethnic in Myanmar and get a serious attention on discrimination to them. Government of Myanmar did not give them nationality status so they did not get the national protection on any hardness to them. Inhumanity treatment to the ethic of Rohingya in Myanmar encourage them to leave their origin nation. They absconding illegaly to other nations ether by land or by sea. Their arrival to the neighbour nations cause the fear to the destination nations. The destination nation assume that the increasing of the number of Rohingya ethnic who arrived in their nation will treat the stability and national defense of their country. The other reason is to put the load to their nation beause there is not a goodwill of Myanmar to solve this problems. The destination nation take any effort to avoid the arrival of the Rohingya ethnic and to take a policy that avoid their arrival. To the ethnic of Rohingnya who arrived in the destination nation, their right is not assured, in which there is not a relocation with health standard. Therefore, it needs efforts of International government to settle this case. The International government must encourage the Myanmar Government to solve this problem immediately, by provide the nationality status to the ethnic of Rohingya for the long term settlement on this case. Government of Myanmar must take a serious action to the crime do by other ethnic in Myanmar to the ethnic of Rohignya or the crime by army of Myanmar to the etnic of Rohingya

    Pelanggaran Hak Asasi Manusia Terhadap Tahanan Teroris Dalam Program Penahanan Dan Interogasi Cia (Central Intelligence Agency)

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    Ashari Maulana Reza Siregar* Dr. Chairul Bariah S.H., M.Hum.** Arif S.H., M.H.*** Human rights being one important things and essential containing a set of minimum standards and procedural rules related relationship between humans applied in all aspects of human life. But, human rights abuses always happen from time to time, both light and heavy, such as terrorism which has killed many lives. The threat of terrorism make many parties launched efforts to fight it, as one conducted by the United States through Central Intelligence Agency (CIA) by making Detention and Interrogations Program towards terrorist prisoners. But, the implementation of the program loaded with forms human rights abuses was done with the prisoners. On the basis of the violations we need to an academic study against it, one of which is through this paper. As for writing this paper used juridical normative approaching with putting the laws relating to the substance as centre for the study of and descriptive methods intended to present all the data relating to the substance. Data used in this writing is secondary data which is the data obtained from the library such as a legal instrument, book, internet, and others where the data collected by doing library research from various sources. In conclusion, in general human rights is important and essential thing and recognized universally, including in Indonesia, as evidenced by many legal instrument associated to human rights had produced and accepted by many countries. But, still there is threat of human rights such as terrorism, and in this case the United States through the CIA (Central Intelligence Agency) to fight terrorism, one of them is through Detention and Interrogations Program towards terrorists prisoners aims to detect and crack down on terrorism. But, the program would be controversy as of human rights abuses of terrorist prisoners occurs during the CIA's implementation of Detention and Interrogation Program, such as torture and inhuman treatment to other terrorist detainees, where the violation clearly had violated various legal instrument of human rights that require the responsibility from the involved parties

    Tinjauan Hukum Tanggung Jawab Maskapai Penerbangan Sipil Terhadap Kerugian Yang Timbul Berdasarkan Konvensi Chicago Tahun 1944

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    Unitary Republic of Indonesia is an archipelago with inter-island intensity is high enough, so that the necessary protection against the user maximum facility cost consumers in this regard. In this study, the economic aspects of the problem include regulation of civil aviation convention in chicago, 1944, setting the technical and operational aspects of the flight by civil convention in chicago in 1944 and a form of civilian airlines chicago convention in 1944. As for the type of study of this paper is normative research . Normative research is a study of the principles of law , systematic research on law and legal research on synchronization . With the aim to compare the Indonesian positive law governing the civil aviation in the Act 1 of 2009 on Flight to chicago Convention 1944 which is the benchmark of International law in the case of civil aviation . Data sources and collection techniques used in this study is a secondary data , which consists of primary legal materials in the form of legal products such as legislation , which in this case in the form of legislation , International law conventions , declarations , and protocols . Secondary legal materials such as reference materials sourced from books , newspapers , media, internet and other media related to the issues discussed . Tertiary legal materials in the form of materials that give instructions and explanations of the primary and secondary legal materials , such as dictionaries and so on . Results from this study is that the Chicago 1944 convention has been set explicitly linked to economic aspects and the technical aspects of the airline in order to minimize accidents and forms pertanggungjawaba n of the airline when the accident occurred is of course detrimental to the consumer
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