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Full-Text Articles in Law

Bali Mawacara: Is A Quasi-Common Law System Developing In Balinese Customary Law?, Danial Kelly, Wayan P. Windia Dec 2019

Bali Mawacara: Is A Quasi-Common Law System Developing In Balinese Customary Law?, Danial Kelly, Wayan P. Windia

Indonesia Law Review

The Indonesian island of Bali is internationally renowned as a popular tourist destination. Tourists from around the world have been attracted to Bali’s rich and colourful displays of culture and its friendly people for many decades. Intertwined with the predominately Hindu culture that is so readily visible is the invisible customary legal system of Bali that regulates much of the daily life of the Balinese. This autochthonous legal system exists in plurality with the Indonesian state legal system. As with all legal systems, the Balinese customary law system is in a state of flux. This article will examine the foundational …


Dewan Perwakilan Rakyat Dan Majelis Permusyawaratan Rakyat Dalam Proses Impeachment Presiden Abdurrahman Wahid, Kukuh Bergas Dec 2019

Dewan Perwakilan Rakyat Dan Majelis Permusyawaratan Rakyat Dalam Proses Impeachment Presiden Abdurrahman Wahid, Kukuh Bergas

Jurnal Hukum & Pembangunan

As a country that uses presidential systems, Indonesia realizes that the role of the president as an executive is powerful. Therefore it is necessary to establish legal rules or supervisory institutions as a counterweight to avoid abuse of authority. The DPR and MPR are legislative institutions whose task is to oversee the performance of the president. If a suspected violation is found, the DPR may submit a proposal for the dismissal of the president. Indonesia's 4th President experienced this case, K. H. Abdurrahman Wahid is also known as Gus Dur, because he was considered to have committed a violation which …


Perlindungan Terhadap Simpanan Pernah Tercatat Pada Bank, Bukan Suatu Keniscayaan, Yudha Ramelan Dec 2019

Perlindungan Terhadap Simpanan Pernah Tercatat Pada Bank, Bukan Suatu Keniscayaan, Yudha Ramelan

Jurnal Hukum & Pembangunan

Many types of crimes occur in the banking sector, which has implications for losses suffered by people who save their money in banks. One example of crime is taking deposits out from the bank by breaking the law. It causes deletion data of customer deposits from the bank's balance sheet or a list of third party funds. Customers are declared to have already received payment from the bank, and hence the agreement to deposit funds between the customer and the bank is reported to have ended. This condition can make customers’ right to get a refund of their money from …


Model Pembentukan Peraturan Daerah Yang Ideal Dalam Penyelenggaraan Otonomi Daerah, Marten Bunga Dec 2019

Model Pembentukan Peraturan Daerah Yang Ideal Dalam Penyelenggaraan Otonomi Daerah, Marten Bunga

Jurnal Hukum & Pembangunan

This study aims to analyze the model formation of regional regulations in the implementation of regional autonomy. This research method used is included in the type of normative legal research that uses secondary data obtained from library materials in the form of primary legal material. The results of the study indicate that regional regulations in the implementation of regional autonomy are a policy instrument in the implementation of the regional government. Establishment of regional regulations that are in accordance with the interests of the community must implement the principles of regional autonomy and the content of regional regulations must not …


Corporate Social Responsibility Sebagai Promosi Perseroan Terbatas, Chandra Yusuf, Endang Purwaningsih Dec 2019

Corporate Social Responsibility Sebagai Promosi Perseroan Terbatas, Chandra Yusuf, Endang Purwaningsih

Jurnal Hukum & Pembangunan

The application of Corporate Social Responsibility (CSR) and Fiduciary Duty in Law No. 40 of 2007 concerning Limited Liability Companies creates a conflict of interest. The problem that arises is the placement of CSR in the company's income statement that will reduce the company's dividend distribution. This violates the principle of "fiduciary duty". Directors of Limited Liability Company must maximize shareholder prosperity. So far, CSR is considered a social activity. To avoid conflicts of interest, CSR must be classified into a promotional account in the financial statements, especially the Balance Sheet. The method used to assess CSR refers to the …


Dinamika Pengelolaan Zakat Oleh Negara Di Beberapa Provinsi Di Indonesia Pasca Undang-Undang No. 23 Tahun 2011, Muhammad Izzuddin Abdul Aziz, Heru Susetyo Dec 2019

Dinamika Pengelolaan Zakat Oleh Negara Di Beberapa Provinsi Di Indonesia Pasca Undang-Undang No. 23 Tahun 2011, Muhammad Izzuddin Abdul Aziz, Heru Susetyo

Jurnal Hukum & Pembangunan

This article is derived from research conducted by the authors in some provinces in Indonesia. The focus of the research is the administration of zakat (alms) by the state, in this case, is BAZNAS at various provinces in Indonesia in the aftermath of Law No. 23/ 2011 on Zakat Administration. The authors select two provinces where Muslim inhabitants are a minority, namely in North Sulawesi and East Nusa Tenggara (NTT) and three provinces where Muslims are majority namely in Aceh, West Nusa Tenggara, and Gorontalo. There is three focus of questions: 1. The practice of zakat administration by the BAZNAS; …


Perlindungan Hukum Nasabah Dalam Perjanjian Telemarketing Bank, Sri Lestari Poernomo Dec 2019

Perlindungan Hukum Nasabah Dalam Perjanjian Telemarketing Bank, Sri Lestari Poernomo

Jurnal Hukum & Pembangunan

Telemarketing is one of the banking products. This research is conducted to analyze the validity of the agreement that was born and the offering of banking products through telemarketing, transactions made in telemarketing activities almost entirely do not fulfill the legal agreement requirements, namely contracts because if there are elements of oversight and fraud, the Bank must be responsible if a loss occurs because the bank uses customer data to be referenced to the insurance company that works with the bank. The problem examined is how the validity of the agreement that was born from bank telemarketing activities and the …


Polemik Jangka Waktu Pengajuan Gugatan Ke Pengadilan Tata Usaha Negara, Renius Albert Marvin, Anna Erliyana Prof. Dec 2019

Polemik Jangka Waktu Pengajuan Gugatan Ke Pengadilan Tata Usaha Negara, Renius Albert Marvin, Anna Erliyana Prof.

Jurnal Hukum & Pembangunan

The period of 90 (ninety) days to file a claim in the Administrative Court (PTUN) plays an important role because if the period is passed, the Administrative Decision (KTUN) can not be claimed even if the KTUN contains defects. The basic principle of regulation the period for filing a claim to the Administrative Court is determined explicitly in Article 55 of the Law of Administrative Courts, which is 90 (ninety) days after the KTUN is received or announced which can be applied in several variables that prove the opportunity for everyone can take legal action if the Administrative Decision issued …


Ketetapan Mpr Dalam Tata Urutan Peraturan Perundang-Undangan Di Indonesia, Nisrina Irbah Sati Dec 2019

Ketetapan Mpr Dalam Tata Urutan Peraturan Perundang-Undangan Di Indonesia, Nisrina Irbah Sati

Jurnal Hukum & Pembangunan

As a result of deliberation and representation based democracy in Indonesia, the UUD 1945 before the amendment presented MPR as the highest state institution that absorbed people's sovereignty, so it gained legitimacy to be a superordinate of state institutions in various branches of power. The MPR’s position as the highest state institution was also accompanied by a legislative function, in which the MPR was able to make its legal product known as Tap MPR. The change in the position of the MPR, which was no longer the highest institution of the state in the constitutional structure since the enactment of …


Hak Penguasaan Negara Terhadap Sumber Daya Alam Dan Implikasinya Terhadap Bentuk Pengusahaan Pertambangan, Tri Hayati Sep 2019

Hak Penguasaan Negara Terhadap Sumber Daya Alam Dan Implikasinya Terhadap Bentuk Pengusahaan Pertambangan, Tri Hayati

Jurnal Hukum & Pembangunan

Granting mining licenses brings various negative impacts in various aspects. In addition to the environmental damage that must have been caused, it also caused a lot of leakage in the revenue of state finances that should have been received by the State. Permits should be a controlling instrument in mining operations, so that they are in accordance with the philosophical meaning as mandated by Article 33 paragraph (3) of the 1945 Constitution. The meaning contained in the Article is the principle of "State's Right to Control" over natural resources and the mandate "for the greatest prosperity. people". These two things …


Faktor Kesukarelaan Dalam Pengunduran Diri Pekerja/Buruh: Studi Putusan Pengadilan Hubungan Industrial Di Medan No. 262/Pdt.Sus-Phi/2017/Pn.Mdn, Di Banda Aceh No. 5/Pdt.Sus- Phi/2016/Pn.Bna, Dan Di Palu No. 18/Pdt.Sus-Phi/2015/Pn.Pal, Patricia Cindy Andriani, Melania Kiswandari Sep 2019

Faktor Kesukarelaan Dalam Pengunduran Diri Pekerja/Buruh: Studi Putusan Pengadilan Hubungan Industrial Di Medan No. 262/Pdt.Sus-Phi/2017/Pn.Mdn, Di Banda Aceh No. 5/Pdt.Sus- Phi/2016/Pn.Bna, Dan Di Palu No. 18/Pdt.Sus-Phi/2015/Pn.Pal, Patricia Cindy Andriani, Melania Kiswandari

Jurnal Hukum & Pembangunan

Resignation is one of the mechanisms for terminating employment relations that requires voluntary factor in the employee’s action. However, in a number of cases, the resignation was actually not based on the initiative of employee, but was motivated by the employer’s action who put employee into difficult situation so that he/she had no choice but to resign. Therefore, it is necessary to further examine the regulations regarding termination of employment and their implementation at the Industrial Relations Court level toward cases about the employee’s involuntary resignation in decision no. 262/Pdt.Sus- PHI/2017/PN.Mdn, no. 5/Pdt.Sus-PHI/2016/PN.Bna, and no. 18/Pdt.Sus- PHI/2015/PN.Pal. The research is …


Pengaturan Pertanggungjawaban Mutlak Wajib Pajak Di Indonesia Dalam Perspektif Keadilan Dan Kemanfaatan Umum, Henry Dianto Pardamean Sinaga Sep 2019

Pengaturan Pertanggungjawaban Mutlak Wajib Pajak Di Indonesia Dalam Perspektif Keadilan Dan Kemanfaatan Umum, Henry Dianto Pardamean Sinaga

Jurnal Hukum & Pembangunan

The increasing of tax evasion and tax avoidance, due to lack of taxpayer’s liability regulation in tax legislation, has been very detrimental to state revenues. Based on normative juridical research with descriptive-comparative-prescriptive approach which has been done, it is concluded that the regulation of strict liability of taxpayers of Indonesia can: 1) fulfill the sense of justice in terms of equality and or fairness as long as it meets the condition that reflects of material justice and formal justice which must be regulated explicitly in tax legislation; and 2) provide public benefit to the state in handling the social welfare …


Problematika Lembaga Mahkamah Agung Dalam Penegakan Hukum Di Indonesia, Muntaha - Sep 2019

Problematika Lembaga Mahkamah Agung Dalam Penegakan Hukum Di Indonesia, Muntaha -

Jurnal Hukum & Pembangunan

A process of law enforcement was considerably as part of system of judicature as well as a part of procedure of justice. The issue on this research is “What is the problematic in Supreme Court related to law enforcement in Indonesia”. This study principally aimed: a. Academically, as further base data. b. Practically, as evaluated material for Supreme Court in adjusting related to law enforcement in institutional jurisdiction. The used method in this research is by means of conceptual approach. Subsequently, the outcome is that problematic of law enforcement toward Supreme Court are: a. Integrity of law enforcer that has …


Initiating The Utilization Of Restorative Justice In Completing Of The Environmental Crime Cases, Ufran Frans Trisa, Armindo D' Amaral Sep 2019

Initiating The Utilization Of Restorative Justice In Completing Of The Environmental Crime Cases, Ufran Frans Trisa, Armindo D' Amaral

Jurnal Hukum & Pembangunan

Restorative justice is a way to deal with crime by balancing the needs of the community, victims and perpetrators. This is a more holistic solution for trying to understand crime and overcome the dynamics of criminal behavior, its causes and consequences. The focus of restorative justice is empowerment, participation and healing of victims of crime. This paper discusses the possibility of utilizing the concept of restorative justice towards solving environmental crime. Identifying victims of environmental crimes and how they are able to participate in the restorative process. In particular, pay attention to the ideas of the wider community, the sustainability …


Tinjauan Yuridis Pertanggungjawaban Hukum Kartu Kredit Pemerintah Di Indonesia, Shandy Aditya Pratama, Abdul Salam Sep 2019

Tinjauan Yuridis Pertanggungjawaban Hukum Kartu Kredit Pemerintah Di Indonesia, Shandy Aditya Pratama, Abdul Salam

Jurnal Hukum & Pembangunan

Government credit cards are new products whose applications are currently being piloted by the Directorate General of State Treasury to a number of work units and government institutions. This credit card is intended for government employees as a means of payment in order to use inventory money. Based on the Regulation of the Director General of Treasury No. PER-17/PB/2017, sanctions imposed on misuse of government credit cards are only by giving a warning letter and revocation of the credit card. By examining the elements of legal liability, this paper shows what sanctions can actually be imposed for misuse of government …


Tanggung Jawab Notaris Sebagai Pemberi Kerja Dalam Hal Terjadi Perbuatan Melawan Hukum, Siti Hajati Hoesin Sep 2019

Tanggung Jawab Notaris Sebagai Pemberi Kerja Dalam Hal Terjadi Perbuatan Melawan Hukum, Siti Hajati Hoesin

Jurnal Hukum & Pembangunan

Notaries need the help of others to carry out their duties and authorities in making authentic deeds. Other people who work help the Notary, do work in the Notary's office, as a worker. Workers become Notary employees or not become Notary employees, which is only limited to doing the work given by Notaries. In connection with the implementation of the position of a Notary Public there is a possibility that an unlawful act will occur by a person who does work at the Notary Office. When an act of unlawfulness occurs at the Notary's Office, the Notary will be held …


Perlindungan Hukum Terhadap Korban Kejahatan Pada Proses Penyelidikan Dan Penyidikan Dalam Sistem Peradilan Pidana, Rena Yulia, Dadang Herli, Aliyth Prakarsa Sep 2019

Perlindungan Hukum Terhadap Korban Kejahatan Pada Proses Penyelidikan Dan Penyidikan Dalam Sistem Peradilan Pidana, Rena Yulia, Dadang Herli, Aliyth Prakarsa

Jurnal Hukum & Pembangunan

The police is the first and main gate in the process of law enforcement. Crime victims will report or complain about the criminal incident they experienced to the police. For reports or complaints of victims, the police will conduct an investigation to find and even that is suspected of being a criminal offense in order to determine whether or not an investigation can be conducted. In the process of investigation, victims are often treated as witnesses, or even reported. Victims are given entrapment questions and the attitude of the police treat victims not as victims. The victim becomes secondary victimization. …


Aspek Hukum Janji Prakontrak Dalam Pranata Hukum Kontrak Indonesia, Natsir Asnawi Sep 2019

Aspek Hukum Janji Prakontrak Dalam Pranata Hukum Kontrak Indonesia, Natsir Asnawi

Jurnal Hukum & Pembangunan

The precontractual issues in Indonesia had been raised due to the existing gap between the codification of contract law and the practical needs in contract law. As an umbrella act of civil law, The Indonesian Civil Code (Burgerlijke Wetboek) has yet regulate precontractual issue. Likewise, the judicial practice remains to establish law certainty (formalitiy of a contract), instead of giving justice to the parties who get injured on account of breaking the precontractual promises. Due to effort of updating the contract law, its substance should attach precontractual as a crucial term. Precontractual promissory should be stated as legally bound to …


Perbandingan Hukum Peradilan Tata Usaha Negara Dan Verwaltungsgericht Sebagai Bentuk Perlindungan Hukum Kepada Rakyat, Dani Habibi Jul 2019

Perbandingan Hukum Peradilan Tata Usaha Negara Dan Verwaltungsgericht Sebagai Bentuk Perlindungan Hukum Kepada Rakyat, Dani Habibi

Jurnal Hukum & Pembangunan

Legal issues that will be discussed in this paper regarding the description of the Administrative Court system in Germany and the Administrative Court system in Indonesia. Generally, there are similarities between the Administrative Court system in Germany and the Administrative Court system in Indonesia. The system can be seen from the level of the justice system starting from the first level, the level of appeal and the final level or cassation. In addition, it will be reviewed in relation to the judicial process, the basics of the lawsuit filed against the government and the way in which the state administrative …


Hak Uji Materiil Peraturan Daerah Pajak Dan Retribusi Daerah, Adrian Joshua Lumban Tobing Jul 2019

Hak Uji Materiil Peraturan Daerah Pajak Dan Retribusi Daerah, Adrian Joshua Lumban Tobing

Jurnal Hukum & Pembangunan

Legislation set two mechanisms of review or oversight of local regulations, the executive and judicial review. Executive authority to oversee the review of local regulations is owned by the government (executive power), while the judicial review of the authority overseeing local regulation held by the Supreme Court (judicial power). Both of these mechanisms may lead to the cancellation rules of the regulation is contrary regional. Research districts/cities were canceled by the Minister of domestic affairs who then filed a judicial review to the Supreme Court and its effect on empowerment regional. Approach used are normative and case studies. Secondary data …


Konsepsi Bangun Perusahaan Koperasi: Kerangka Pemikiran Badan Usaha Yang Ideal Menurut Pasal 33 Ayat (1) Uud 1945, M. Sofyan Pulungan Jul 2019

Konsepsi Bangun Perusahaan Koperasi: Kerangka Pemikiran Badan Usaha Yang Ideal Menurut Pasal 33 Ayat (1) Uud 1945, M. Sofyan Pulungan

Jurnal Hukum & Pembangunan

Co-operative as company structure (bangun perusahaan) is a concept developed by the Founding Fathers, enshrined in Article 33.1 of the 1945 Constitution. This concept is further developed by renowned economists and lawyers as well. This Article explores the thoughts of Mohammad Hatta, Soepomo, economists and lawyers who have contributed to the development of the concept of co-operatives as company structure. Subsequently, it will offer a framework in which the constitutional stipulation of "a common endeavor based on familial principles" serves as the philosophical basis for the concept. Using Sri-Edi Swasono’s Idea of "Triple-Co" as yardstick, the concept of co-operatives as …


Eksistensi Lembaga Pengawasan Pengelolaan Keuangan Negara, Adam Setiawan Jul 2019

Eksistensi Lembaga Pengawasan Pengelolaan Keuangan Negara, Adam Setiawan

Jurnal Hukum & Pembangunan

Supervision of state finance management conducted by related institutions such as BPKP, DPR / DPRD, BPK and KPK aims to implement the principles of the management of state finances accordingly and in accordance with the objectives of state financial management that is to guarantee the state in order to create welfare, the right of society and finance the service to the community.


Putusan Sela Dalam Perkara Perselisihan Hasil Pemilihan Umum, Bisariyadi - Jul 2019

Putusan Sela Dalam Perkara Perselisihan Hasil Pemilihan Umum, Bisariyadi -

Jurnal Hukum & Pembangunan

This paper departs from the presumption of common misconception in the use of terms as adopted in criminal and civil law. Interlocutory decision in the Constitutional Court has a different definition from criminal and civil law procedure. The difference is within the issue that is cover between the two. Interlocutory decisions in criminal and civil law deals only as far as admissability and jurisdiction, where in the Constitutional Court interlocutory decisions may actually related to the legal issues brought by the party. In addition, as the experience shows that interlocutory decisions are not only used as burden of proof but …


Kajian Tentang Model Rencana Aksi Daerah Hak Asasi Manusia (Radham) Kabupaten Bondowoso Tahun 2018, Al Khanif Dr., Rosita Indrayati, Muhammad Bahrul Ulum, Dina Wildana, Adam Muhshi, Nurul Laili Fadhilah, Ayu Citra Satyaningtyas Jul 2019

Kajian Tentang Model Rencana Aksi Daerah Hak Asasi Manusia (Radham) Kabupaten Bondowoso Tahun 2018, Al Khanif Dr., Rosita Indrayati, Muhammad Bahrul Ulum, Dina Wildana, Adam Muhshi, Nurul Laili Fadhilah, Ayu Citra Satyaningtyas

Jurnal Hukum & Pembangunan

This article discusses Bondowoso District's regional human rights action plan (RADHAM) 2018. The focus of the 2018 RADHAM study explains the background and focus of Bondowoso's 2018 RADHAM policy as the basis for human rights-based policy making in the area. In the context of the division of power between the central and regional governments in the era of autonomy, human rights policy planning becomes complex because there are several regional and central policies that are mutually conflicting so that the mechanism for fulfilling human rights in the regions becomes complicated. To map this issue, local governments need a policy mechanism …


Permasalahan Penerapan Klausula Pembatasan Pertanggungjawaban Dalam Perjanjian Terkait Hak Menuntut Ganti Kerugian Akibat Wanprestasi, Togi M.P. Pangaribuan Jul 2019

Permasalahan Penerapan Klausula Pembatasan Pertanggungjawaban Dalam Perjanjian Terkait Hak Menuntut Ganti Kerugian Akibat Wanprestasi, Togi M.P. Pangaribuan

Jurnal Hukum & Pembangunan

One of the most common aspects in the development of the freedom of contract principle is the use of a clause limiting liability based on Article 1249 of the Indonesian Civil Code. In practice, the application of such clause is often times not in line with other principles under Indonesian contract law such as the principles of balanced, morals, and decency that are also inseparable from Indonesian contract law principles. This issue becomes even more apparent in cases where a breach of contract is done deliberately and/or grounded on bad faith of one of the parties that has calculated that …


Tinjauan Terhadap Konsep Keadilan Spasial Dan Partisipasi Masyarakat Dalam Perencanaan Dan Pengendalian Pemanfaatan Ruang Pada Program Normalisasi Ciliwung Di Provinsi Dki Jakarta, Shafira Anindia Alif Hexagraha, Savitri Nur Setyorini Jul 2019

Tinjauan Terhadap Konsep Keadilan Spasial Dan Partisipasi Masyarakat Dalam Perencanaan Dan Pengendalian Pemanfaatan Ruang Pada Program Normalisasi Ciliwung Di Provinsi Dki Jakarta, Shafira Anindia Alif Hexagraha, Savitri Nur Setyorini

Jurnal Hukum & Pembangunan

The idea of public interest in spatial planning is a two-sided claim. The government often uses it to enforce spatial plan program without the consent of the affected groups. On the other hand, the affected groups also use it as their defense to protect their damaged rights. The idea of spatial justice is derived from progressive intellectual tradition that is highly aware of the severeness of injustice in urban spaces and hence demands radical reconception of spaces, governance, and spatial planning. Most influential intellectual tradition in spatial justice are Habermas’ Public Sphere, Harvey’s Right to The City, and Lefebvre’s Production …


Menulis Di Jurnal Hukum: Gagasan, Struktur, Dan Gaya, Andri Gunawan Wibisana Jul 2019

Menulis Di Jurnal Hukum: Gagasan, Struktur, Dan Gaya, Andri Gunawan Wibisana

Jurnal Hukum & Pembangunan

Writing articles in a law review is different from writing an opinion in a newspaper or articles in other types of journals. Indonesian authors often fail to indicate the problems to be discussed, the proposed thesis statement or idea (claim), and the structure of the article. They also write too descriptive and employ very limited references. This paper aims to support the authors to find out important aspects in formulating a good legal article. For this reason, this paper explains that an article must contain the claim, and be novel, non-obvious, and useful. This paper also explains the importance of …


The Nationalization Of The Dutch Owned Plantations In North Sumatra: To Whom The Communal Land Belong?, Edy Ikhsan Apr 2019

The Nationalization Of The Dutch Owned Plantations In North Sumatra: To Whom The Communal Land Belong?, Edy Ikhsan

Indonesia Law Review

This article has been developed through an analysis of primary and secondary sources concerning the nationalization’s policy of the Dutch enterprises in Indonesia as had been conducted by Soekarno’s regime back in 1958. The impact of this said policy has been so much felt very strongly to these days, most especially on the ex-concessionary lands of the Dutch enterprises in North Sumatera. The flaws made by the Indonesian government in interpreting the terminology of Concession to the Cultivation Rights on Lands, in the said nationalization policy, have created various endless conflicts among central and regional governments, state-owned enterprises, the Sultanates …


Tinjauan “Novum” Dalam Peninjauan Kembali Sengketa Tata Usaha Negara, Yoni A. Setyono Mar 2019

Tinjauan “Novum” Dalam Peninjauan Kembali Sengketa Tata Usaha Negara, Yoni A. Setyono

Jurnal Hukum & Pembangunan

Novum is one of the reasons for conducting a review. Sometimes in one case, there is an intersection between two courts. In writing, it tries to examine the intersection between Novum in civil cases and cases of state administrative disputes. Which more relevant link point is used regarding the period of time in filing EIA problems in state administrative disputes. Subject to the legal requirements of civil cases (Environmental Law) or in the Administrative Procedure Law. This study begins with a comparison of approaches through proof known in civil cases and in state administrative disputes which are finally sent to …


Competition Policy On Online Taxi In Indonesia, Udin Silalahi Mar 2019

Competition Policy On Online Taxi In Indonesia, Udin Silalahi

Jurnal Hukum & Pembangunan

The presence of application-based taxis such as Grabcar and Gocar is a challenge for conventional taxis. Its existence can be reduced to conventional taxi company turnover. On March 22, 2016 thousands of conventional taxi drivers held a demonstration against the existence of online taxis, because online taxis were declared in violation of the Traffic Law and consequently the streets in Jakarta were chaotic. The existence of online taxis cannot be avoided any more, due to technological developments. Online taxis provide benefits and convenience for passengers in ordering and the rates are cheaper than conventional taxi rates. Anyone who has a …