Indonesia telah dikenal sebagai negara yang memiliki keragaman budaya, tercermin dari kekayaan budaya yang meliputi kebhinnekaan suku bangsa, agama, bahasa, dan juga keragaman stratifikasi kehidupan sosial masyarakatnya. Motto Bhinneka Tunggal Ika merupakan refleksi empirik dari keragaman kehidupan sosial dan budaya yang membentuk identitas bangsa Indonesia. Hukum adat adalah salah satu dari produk budaya bangsa Indonesia, khususnya kebudayaan idiil, yang membentuk identitas hukum asli masyarakat Indonesia. Dalam kaitan dengan kebijakan pembangunan hukum nasional semestinya hukum adat menjadi referensi yang patut diperhitungkan untuk memperkaya substansi hukum nasional, karena fakta kemajemukan hukum dalam masyarakat adalah keniscayaan yang tidak dapat dipungkiri dalam dalam kehidupan hukum di Indonesia. Artikel ini mencoba untuk memberi pemahaman yang lebih holistik mengenai kedudukan dan kapasitas hukum dalam kebijakan pembangunan hukum nasional dalam negara dan bangsa yang bercorak kemajemukan budaya. Kata Kunci: keragaman budaya, kedudukan dan kapasitas hukum adat, kebijakan pembangunan hukum nasional.
A notary in exercising powers to make an authentic deed is required to read it before an interlocutor as it is set in Article 16 paragraph (1) letter (m) Notary Act. The problem that arises is that, in some cases, notaries are not the only persons who exercise such duties. In fact, such role is often replaced by their staffs on duties entitled to them. It asserts that Notary Act is not extremely obeyed with following effects of the absence of laws in Notary Act which is specifically dealt with the role of notary’s staffs. This study uses empirical legal research with sociological jurisprudence approach. The result shows that a notary has attributive powers from Notary Act which is granted rights or powers to authorize staffs to act and exercize notary’s duties. To adhere with this view, a notary deed is seen as a perfect evidence if a notary did not accomplish certain procedures. However, if a notary cannot prove it, the declaration of a privately made deed should be made by judges of the courts. If there is any disadvantage as the result of deed read by staffs, a notary can be sued in the courts to provide compensation or certain terms as constituted in Article 1365 of the Civil Code, including maerial and immaterial compensations. Keywords: Civil Liability, Notary, Notary Staffs, Deed
The criminal act of terrorism is a crime against humanity, human civilization and constitute a serious threat to the integrity and sovereignty of a nation. In fact, terrorism can be a threat to a state security and sovereignty as well as world peace.It is argued that one of the main causes of criminal acts of terrorism is radicalization. Thus, this paper seeks to analyze the casual link between radicalization and terrorism. This paper determines to what extent does the radicalization affected the criminal acts of terrorism. This research uses a juridical normative method by analyzing legal instruments relating to terrorism and seeks to analyze the reason behind the provided rules.This paper submitted that while radicalization affected terrorism, de-radicalization is urgent in responding to terrorism. This paper also proposes how de-radicalization works in preventing terrorism.
This study aims at examining the development of sustainable tourism in the perspective of policy and legal politic. Conceptual and statute approaches to legislation were used to approach the collection of the data, the analysis, and the presentation of data. However, the data was analyzed and presented with the design of qualitative descriptive by explaining the development of the sustainable tourism in Indonesia. Results show that Tourism in sustainable development requires the informed-participation of all relevant stakeholders, as well as policy and legal instruments and strong political leadership to ensure wide participation and commitment of the stakeholders. In this respect, tourism sustainability principles refer to the integrated of economic, environment, and socio-cultural interests of sustainable development.
Law Number 16 of 2009 concerning General Provisions and Tax Procedures (UU KUP), regulates administrative sanctions and criminal sanctions. The KUP Law method does not yet regulate how to save the loss of state revenue because it does not regulate the implementation of criminal fines, the legal implications of different decisions that cause legal uncertainty, injustice and have not provided benefits, especially in an effort to collect taxes. The purpose of this paper is to find out, analyze, and find the urgency of regulating criminal sanctions for the deprivation of assets in tax crime. This study is normative legal research with a legislation approach, historical approach, comparative law approach, conceptual approach, and case approach. The legal materials used are primary and secondary legal materials. Analysis of legal material is done with a descriptive perspective. The results of this study indicate that the inclusion of fine sanctions in the KUP Act turns out to lead to different interpretations resulting in legal uncertainty and does not provide economic benefits for the state in law enforcement, because the sanctions for fines are not complemented by implementing sanctions in the form of additional criminal sanctions in the form of confiscation of assets belonging to the defendant or an act (maatregel) in the form of requiring improvement of corporate governance in accordance with good corporate governance or placement of a legal company, where an economic crime is committed under a certain period of time, so that in the future the KUP Act, additional sanctions or actions to strengthen / complete in the future criminal sanctions for fines.
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