Street vending always becomes one of main problems in many big cities like Jakarta if the existence of street vendors is perceived as a burden and never comprehensively addressed. It is the main concern raised in this article . A more comprehensive perspective can be applied by using philosophical and legal approaches . This article provides two points of view in term of the phenomena, i.e. legal philosophy and consumer [legal] protection. The first relates the subject matter to the universal legal values known as the legal objectives. The second one includes two perspectives, i.e. the proctection for consumers of street vendor’s products and that for street vendor as consumer of [legal] public policy.
Bernard Arief Sidharta has made a significant contribution to Indonesia in the development of the legal discipline. He took the lead in introducing the state-of-the art legal discipline, particularly within his translation of legal textbooks in Dutch. He is also a figure of Indonesian legal theorists and legal philosophers offering interesting ideas, which in this paper, his commentaries will be confined to three areas: the foundation for the theoretical legal functioning, legal reasoning, and the Indonesian national legal science. Arief conducted a very comprehensive study of the first two areas, which later became the basis for national legal science. The national legal science should be based on the legal idea of Pancasila, a view that was heavily influenced by the thoughts of Soediman Kartohadiprodjo and then Mochtar Kusuma-Atmadja. This legal idea is as an immanent value which becomes the base value for describing the source of Indonesia's material law, and as a transcendent value that directs where the Indonesian national legal system will proceed. Regrettably, Arief has not finished talking about the elaboration of the legal idea of Pancasila so that it can substantially and practically give a distinctive color to the national legal science that he aspires to. Abstrak Bernard Arief Sidharta memiliki kontribusi penting bagi Indonesia dalam pengembangan disiplin hukum. Ia adalah orang pertama yang memperkenalkan bangunan disiplin hukum dalam wacana kekinian, khususnya melalui karya terjemahannya atas buku-buku teks hukum berbahasa Belanda. Ia juga adalah sosok teoretisi hukum dan filsuf hukum Indonesia yang menawarkan pemikiran menarik, yang di dalam tulisan ini, akan dibatasi ulasannya pada tiga area. Bidang-bidang itu adalah tentang landasan pengembanan hukum teoretis, penalaran hukum, dan ilmu hukum nasional Indonesia. Arief melakukan kajian yang sangat komprehensif terhadap dua area yang pertama, untuk kemudian menjadikannya sebagai dasar-dasar bagi ilmu hukum nasional Indonesia. Ilmu hukum nasional tersebut harus berintikan cita hukum Pancasila, suatu pandangan yang banyak dipengaruhi pertama-tama oleh pemikiran Soediman Kartohadiprodjo dan kemudian oleh Mochtar Kusuma-Atmadja. Cita hukum ini berfungsi baik sebagai nilai imanen yang menjadi nilai-dasar untuk mendeskripsikan sumber hukum material Indonesia, maupun sebagai nilai transenden yang mengarahkan ke mana tata hukum nasional Indonesia itu akan berproses. Sangat disayangkan, Arief belum tuntas berbicara tentang penjabaran cita hukum Pancasila itu agar secara substansial dan implementatif dapat memberi warna yang khas bagi ilmu hukum nasional Indonesia yang dicita-citakannya.
<p align="left"><strong><em>Abstract</em></strong></p><p><em>Soediman Kartohadiprodjo was one of few Indonesian legal scholars taking interest in Pancasila, the state ideology promulgated by Soekarno. Soediman believe that social justice, the core concept of Pancasila corresponds with the “kekeluargaan” principle as found in the constitution. However, he used the the term welfare or happines rather than social justice since the latter, according to him, tends to adopt liberalist and individualist principles, which according to him contradicts with Pancasila. He also endorsed the idea of “legal revolution”as a mean to increase the Indonesian populace’ awareness about recent legal development post independence. This article discusses and critizes Soediman’s idea on social justice and legal revolution.</em></p><p> </p><p align="right"><strong><em>Keywords: </em></strong></p><p align="right"><em>Pancasila, social justice, welfare state, law revolution.</em></p>
Legal language must follow the laws of language (grammar)
Funitur as a complement to the interior becomes a commodity business that promise today. Currently, almost half the Tirtomoyo village transformed into a new residential complex. Changing agricultural land into residential land makes residents who previously livelihood as farmers begin to lose their jobs. Social and economic inequality becomes a new problem for the surrounding community and migrants, if there is no cooperation between several parties to solve the problem. The target of this activity is youth groups in Tirtomoyo Village. This research method uses qualitative and experimental methods. Furnitur making training for youth groups aims to encourage the emergence of creative entrepreneurs in Tirtomoyo Village. The training activities that have been carried out are making furniture from pallets and multiplex with HPL finishing. Activities carried out by the delivery of theoretical material, direct training and mentoring the development of furniture products. Outcomes of this activities such as product shelves and desk furniture. From these training activities, participants were able to produce furniture products made of pallet wood that were more diverse than those made of multiplex with HPL finishing.
Although the ASEAN Agreement on Transboundary Haze Pollution has been ratified by all members of ASEAN countries, in reality this agreement is not able to combat this transnational environmental problem and foster an environmentally suistanable community in Southeast Asia.The applicable agreement cannot be effective because it is not followed by any legal instrument that can deter the perpetrators of environmental crime.Therefore, private law instrument can be used by providing opportunities for community members to sue the haze polluter before a civil court. Unfortunately, Article 1365 of the Indonesian Civil Code (tortious liablity) has not been able to adequately address this need, so a breakthrough is needed.The author suggests using the legal doctrine of 'injuriasine damno'in order to interpret the meaning of Article 1365 more broadly, especially in relation to the element of loss.
This article is a commentary to President Joko Widodo’s message in a speech given at the celebration of the UNPAR’s dies natalis in 2022, i.e. that manager of higher education institutions should adequately anticipate global uncertainty caused by the advance of industrial society 4.0 and the resulting technological disruptions. The comments given is made based on two different perspectives: legal scholars or academics n and practicing lawyers. In any case, those responsible for the management of higher education should respond to global uncertainty by developing skills to manage big data and other strategic steps.
The law enforcement environment must support the sustainability of environmental management, both through the judiciary and outside the court, whether civil, criminal, or administrative. The purpose of this study is to find out the problems of environmental law enforcement in Indonesia and how judges, in making decisions, use the interpretation of the law. In providing justice, judges are required to look for la bouche de la loi and actively explore the meaning behind these regulations to produce decisions that provide justice for the litigants. However, the tradition of the civil law system, which is still influenced by legalism, limits the space for judges to exercise discretion and is only based on the principle of legality. Using jus cogens in most environmental case decisions will be more effective if judges dare to use legal interpretation.
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