Friday, January 14, 2011

bill legal aid

To achieve the equality in law, the legal department and human rights foundation aid agencies pointed to Indonesia to make the bill the legal aid.

But as for the establishment of the objectives of the bill is to make people who can not afford the services of a fixed advocate can get legal aid, so that the rights of its good range of civil and not criminal terzalimi by others and even by country

provision of legal aid is not only a legal aid is litigation, but also in the form of legal aid non-litigation. We hope that the bill can be accepted by the legislature and ratified later that the aim of creating legal equality is achieved. not just people who have money are able to get legal aid, but people who are not able to also have the same rights.


bill legal aid part two

The types of legal assistance can be given according to the bill could be litigation and non litigation in the field of civil law, criminal, administrative and labor;

Litigation legal assistance in the form of running power, represent and / or assist, other legal action in order to defend the rights and legal interests of legal aid recipients in the judicial process

Legal assistance in non-litigation in the form:
- Legal consultations
- Preparation / creation of legal documents
- Conduct mediation or consensus, and resolve disputes between parties

the bill requires public support because it will be a very important role in creating equality before the law

bill legal aid part three

In the bill for this legal aid could be a legal aid attorney who worked on the legal aid agencies.

Besides advocate who worked in legal aid organizations, the implementation of legal aid can also be assisted by professors and law students at the college, paralegal and advocate candidates.

About law students at these colleges should be given the explanation that the students who can provide legal assistance are students who have graduated from the law courses.

Execution Against Objects Objects fiduciary agreement with the Deed of Hands Down

Agreement is an agreement fiduciary accounts receivable payable to the debtor's creditors that involves underwriting. Guarantee the position still in control of security owners.

But to ensure legal certainty for creditors who then made the deed made by a notary and registered at the Registry Office fiduciary. Later creditors will receive a guarantee certificate fiduciary berirah-Irah "For Justice Based Belief in God Almighty". Thus, having the right power immediately if the debtor eksekutorial violated fiduciary to the creditor agreement (parate execution), according to Law No. 42 of 1999 concerning Guarantee fiduciary.

Then, what about the fiduciary agreement that does not make you a notary in and registered at the registration office created under the fiduciary aka the hand? Understanding the deed under the hand is a deed made between the parties which are not pembuatanya in the presence of a valid certificate maker established by law (notary, PPAT, etc.).

Deed under the hand is not an authentic act that has evidentiary value perfectly. In contrast, authentic deed is the deed made by, or in front of the official appointed by the Law and has a perfect proof strength. To act carried out under the hands usually have to re diotentikan by the parties if it would be legal evidence, such as in court. The question is whether the valid and have legal proof of the strength of a certificate under the hand? Writer's opinion, legitimate use as long as the parties acknowledge the existence and contents of the deed. In practice, at home or because of certain conditions cause the legal relationship was strengthened by deed under the hand as in the process of buying and selling debt receivables. However, that deed is strong, still have legalized the parties to the authorities.

Currently, many financial institutions (finance) and banks (commercial banks and rural credit) organized financing for the consumer (consumer finance), lease (leasing), factoring (factoring). They generally use ordinances that include agreement guarantees fiduciary for fiduciary assurance body object. Practice of financing institutions to provide the requested goods moving consumer (such as motor or industrial machinery) and consumer diatasnamakan as debtor (recipient's credit). Consequently the debtor gave the creditor (lender) a fiduciary. That means the debtor as the owner on behalf of the goods to be the fiduciary to the creditors in accepting the position as fiduciary. Simple in practice is the debtor's fiduciary assurance / parties who have filed financing of goods to the creditor, then the two sides both agree to use the insurance fiduciary debtor belongings and made a notary and registered at the registry office with fiduciary. Creditors as the recipient will get a Certificate of Authenticity fiduciary fiduciary, and a copy given to the debtor. With the certified fiduciary guarantees the lender / recipient fiduciary necessarily have the right to direct execution (parate execution), as occurs in borrowing in the banking and loans. Legal force of the certificate is equal to the court's decision that already had permanent legal force.

Facts on the ground shows, financing institutions in financing agreements mencamtumkan pledged words are fiduciary. But the irony is not made in a notary and not registered at the registry office to get a certificate fiduciary. Such a deed can be called a fiduciary warranty deed under hand.

If the recipient of fiduciary having trouble in the field, so he can ask the local court through the bailiff make the determination letter application execution security assistance. Execution security assistance can be directed to police officers, civil service and civil villages / village where the object is the object of fiduciary insurance. Thus creating a certificate that guarantees to protect the recipient fiduciary fiduciary fiduciary if the provider fails to meet obligations as stated in the agreement of both parties.

As a result of Law

Fiduciary assurance that security certificates are not made fiduciary legal consequences of complex and risky. Creditors can do the right execution for being one-sided and can lead to arbitrariness of the creditors. It could also be due to considering the financing of goods fiduciary objects are usually not full in accordance with the value of goods. Or, the debtor's obligations some of the agreements made, so that it can be said that the above goods are standing right in part and partly owned by the debtor's creditors. Moreover, if the execution is not through price assessment agency or entity authorized public auction. This behavior can be categorized as an act against the Law (PMH) as stipulated in Article 1365 Book of the Law and the Civil Code can be sued for damages.

In the conception of criminal law, fiduciary object execution at the hands of criminal acts included in Article 368 if the creditors do KUHPidana coercion and the threat of expropriation. This Article states:

1. Whoever with the intent to benefit himself / herself or another person unlawfully, forcing a by force or threat of violence to give something good, wholly or partly belonged to that person or another person, or to make debt and eliminate debt, liable for extortion with a maximum imprisonment of nine months.
2. Provisions of Article 365 second paragraph, third, and fourth true for this crime.

This situation can occur if the creditor in execution to coercion and take the goods unilaterally, but it is known in the goods wholly or partially owned by someone else. Although also known that some of these items belonged to creditors who want to execute but is not registered in the fiduciary office. Even the imposition of other articles can happen to remember that everywhere execution is not easy, for it will take legal guarantee and support law enforcement agencies legally. This is the urgency balanced legal protection of creditors and debtors.

Even if the debtor's fiduciary transfer objects objects made under the hand to the other party can not be snared by Law No. 42 of 1999 concerning fiduciary assurance, because legalnya unauthorized or fiduciary assurance agreements made. That the debtor may have shifted the goods object of fiduciary assurance in reporting on embezzlement charges in accordance

Article 372 KUHPidana insisted: "Anyone who intentionally and unlawfully possessing something that wholly or partly belonged to someone else, but who are in power not because crime is liable for fraud, with a maximum imprisonment of four years or a maximum fine of nine hundred dollars ".

By creditors, but it also could be a blunder because it can be reported together because some of these items belonged to both all creditors and debtors, civil decisions required by local courts for the seats the portion of each owner of an item to both parties. If this is adopted there will be a long legal process, tedious and not cost you a bit. As a result, margins to be achieved not realized the company could even lose money, including loss of time and thought.

Financial institutions that do not register the actual collateral loss fiduciary himself because he had no legal right eksekutorial. Poblem business that requires speed and excellent customer service is always inconsistent with the logic of existing law. Perhaps because of the law or the legal vacuum that is not always as fast as the times. Imagine, fiduciary assurance must be made before a notary while financial institutions make agreements and fiduciary transactions in the field in a relatively fast.

Today many financial institutions to execute on the objects that encumbered goods fiduciary assurance which is not registered. Can be called remedial, rof Coll, or remove. During this financial companies feel their actions have a safe and smooth. According to the authors, this occurs because it is still weak bargaining power of creditors of the customer as the owner of funds. Plus legal knowledge society is still low. This weakness exploited by the financial industry businesses, especially financial institutions sector and banks that run fiduciary assurance practices by deed under his hand.

The author is also concerned about the alleged non pengemplangan income tax according the No.. About 20 Year 1997 Non-Tax Revenue, because millions of financing (consumption, manufacturing and industry) with fiduciary assurance are not registered and have a great potential financial harm state revenues.

Process Execution

That the principle of agreement "pacta sun servanda" which states that the agreement made by the parties agree, will become law for both, remains valid and become the main principle in treaty law. But the agreement that provides assurance fiduciary under the hand can not be executed. Process execution must be carried out by a civil lawsuit filed to the District Court through the legal process that normally show up to drop a court decision. This is the choice of procedural law in order to maintain the formal justice and the rule of law it contains material.

This process is almost certainly take a long time, if the parties to use all available remedies. Costs incurred must also not small. Of course, this is a choice dilemma. Pretext of pursuing large margin should also consider the sense of justice of all parties. Society generally becomes more customer must also critical and thorough in doing transactions. As for the government, certainty, justice and the rule of law is important.

Firmansyah: Nothing new in the Law Reform

Chairman of the National Law Reform Consortium (KRHN), Firmansyah stated in the next five years there is no new thing related to law reform efforts in the homeland. Reality is based on the number of issues or problems that have been identified and mapped. Opinion was delivered in the Media Gathering, and NGO experts meeting under the theme "Development Priorities in National Law 2009-2014) organized the National Law Commission (KHN) of the Republic of Indonesia at the Millennium Hotel Jakarta, Thursday, 05/02/2009.

Present is about the development and strengthening of various agendas and programs of existing laws and push for the achievement of the expected.

Law Development programs that need to be prioritized for the years 2009-2014, Yu gave three issues that need attention. First, related to the need to strengthen the Democratic System with the system of government prisidensiil confirmed by an evaluation of presidential governance practices, but the taste of parliamentary, revision of the Law of Politics to support the operation of effective presidential governance and Shaping Law of the Presidency and the Ministry of State.

In the context of strengthening the democratic system is also necessary to consolidate the state commissions are there. This is important because after the reform commission and the country flourished to this day is still possible the birth of the state commissions a new one. For this problem would be created for the formation parameters and a State Commission for Conducting standardization status, position and organization of the State Commission.

Second, the issue is far Bureaucracy Reform is not maximized even barely touched. In the case of this bureaucratic reform includes legal institutions. For that there must be supporting upya bureaucratic reform by doing: Ethics Standards Organization of the State, Promoting Transparency in the Institutional Services and Law Enforcement Public Isntitusi and Accelerating Strategic Discussion and Ratification of the bill package related to Bureaucratic Reform.

Third, the Criminal Justice System for Developing Higher speed with priority on discussion of the bill and the Criminal Procedure Code and Penal Code Implementation and Monitoring Penitentiary Reform.

National Law Commission proposal Permit Checking Officers President Deleted

National Law Commission proposed the abolition of the president permission to examine the state officials who allegedly involved in corruption. "Do not permit the president," said Falah Fajrul member of the National Law Commission, Tuesday (6 / 11), after meeting President Susilo Bambang Yudhoyono at the Presidential Office, Jakarta.

So far, only the Corruption Eradication Commission (KPK) which remove the need to permit the president to check the official. According to Fajrul, because eradication of corruption not only by the Commission, the rules should not need permission of the president also applies to other law enforcement agencies.


He was the need to assess for the president had prevented the permit law enforcement officers to process corruption cases.

Barriers also occur due to the lack of restrictions on the process of handling cases of corruption stage. It also makes the uncertainty of seeking justice. For that, said Fajrul, the commission also proposed limitation period for the inquiry, investigation, and the courts. "For example, how long a suspect's status? We propose limited," he said.

If the National Law Commission proposals were approved, said Fajrul, consequently, was the revision of several laws including the Law Book of Criminal Procedure.

Attorney General Hendarman Supandji welcomes the National Law Commission proposals. "Fine, but I have not read the recommendations," Hendarman said yesterday.

However, he refuses when asked whether all this has hindered the president permission handling of corruption in its institutions. "I do not want to answer," she said as she went into his official car.

This proposal, if accepted by the president then, attempts to process the officials who indicated to corruption will be able to run more smoothly. for this is an obstacle for the prosecution in uncovering these officials are due to the permission of the president. expected with the abolition of the permit review procedures of this request, the parties can more freely prosecutors carry out their duties and could return the money already in the country of corruption by the officials.

INDEPENDENCE DAY AND LAW ENFORCEMENT

Proklamasi'45 the statement is a declaration of independence stance of Indonesia addressed to the people of Indonesia and to the whole world that we "have independent" from foreign occupation since August 17, 1945. Proklamasi'45 is the gateway of Indonesia's independence and the establishment of the Republic of Indonesia, by putting PANCASILA as the basis of the Republic of Indonesia
The establishment of the state of Indonesia with 2 (two) objectives, namely the state goals and objectives into the country to the outside. For the purposes of the state to the other addressed to the Indonesian nation, is to: 1). "Protect the whole Indonesian nation and the entire country of Indonesia"; 2). "Promote the general welfare"; 3). "The intellectual life of the nation", while the destination country outside Indonesia, addressed to the world community, is to, "contribute to the establishment of a world order based on freedom, lasting peace and social justice";

However, to implement goals in the Indonesia country, like Indonesia to protect the whole nation and the entire country of Indonesia, promote the general welfare and intellectual life of the nation can only be done through the Good Law Enforcement. Without the availability of Human Resources (HR) are well within the rule of law (Law Enforcement) and the awareness of all the people of Indonesia to always obey the law, the Indonesian state is impossible goals can be achieved.

There's no way all the development programs launched by the government which aims to achieve the state goal, as stated above will work without the guarantee of a good law enforcement and legal certainty in Indonesia. Even the construction tends to have the opposite effect, which makes the nation and the people of Indonesia is to be poor and miserable.

This fact is contrary to existing facts, where Indonesia is known as a country with Natural Resources (SDA) are abundant, but poor people in the midst of wealth. Ironic! Proklamasi'45 clearly born of a sense of kinship and sepenanggungan, and independence is the golden bridge to change the fate of the Indonesian people from "poor" to "rich". And after 64 years, was Indonesia's independence has not made this nation "rich". "Rich" here can be interpreted as the level of human ability, or a nation to collect the values of life and recognized amongst the people of the world.

The values include: 1) the average people have a good education, 2) have the skills; 3) have sufficient property; 3) has a power in the democratic system; 4) a Self-Esteem as an independent nation; 5) There Legal Certainty and Justice; 6) There Love and Tolerance; 7) have a healthy body Lahir Batin; 8) feel safe living side by side and tried; 9) is the responsible freedom; Etc..

The fact that there is, this nation's poor education, poor skills, poor power to be able to influence things for the better, property poor, poor love, poor health, poor security, poor freedom of living in harmony side by side and the poor of justice and legal certainty .

Why did this come about? because this nation cq. Government and Religious Leaders and Community leaders do not have a good quality of nationalism, and do not understand completely against the ideals proklamasi'45, so consequently they fail to educate its people or ummatnya.

This nation after the proklamasi'45 grow and develop is primordialism bonds, namely ism tribal, regional ism, ism ism and religious groups. Do not be surprised if conflicts arise everywhere always come from the bond primordialism and not building nationalism.

This conflict potential will increasingly occur because the government failed in leading the nation and the people of Indonesia, especially in the economic sector that the government was not able to prosper its people in the economic field. Plus schools of economic poverty primordialism and lack of strong nationalism of the Indonesian people will make this nation the potential of causing disintegration tends to miss secede from the Republic of Indonesia.

Proklamasi'45 a golden bridge to the ideals of Indonesia must be saved by putting superiority road development program with how aroused nationalism of the Indonesian people, the people who mensejahteraakan simultaneously immediately improve the quality of law enforcement in Indonesia is not discriminatory .. If this is done and terujud, then people would be proud as a citizen of Indonesia and the impact of a chain of love for the people of Indonesia to the country in an atmosphere of legal certainty or rule of law in Indonesia would be able to contribute effectively to all aspects of the economy and the development of Indonesia in general. Hopefully.

DEMOCRACY, ELECTION AND LAW ENFORCEMENT

Modern Democracy by definition is the original form of government in which many government decisions or policy behind that decision led to birth of a majority vote of the majority in the government or the policy behind that decision led to birth of a majority vote, ie the majority of government ( consent of a majority of adult governed).

However, the conceptual boundaries easily understood about "democracy" is, a process of system implementation of a national government powers that run from the people, by the people and for the people.

Operational restrictions are of "democracy" is, how the indicators of democracy work as it should. And it can be identified by measuring and questioning the democratic indicators, such as: 1. Healthy level of at least organizing elections; 2. About whether this nation is healthy or political figures in the deliberations (negotiation); 3. About the least healthy people's participation in influencing public policy of a government; 4. About Healthy least the rights of representatives of the people used in the course of government control, such as: the right of questionnaire, the right budget, interplasi rights, amendment rights and other rights.

To measure a country's democratic or not, should be measured from the boundaries or definition of the operation of democracy, not from the definition of the concept of democracy. It is a fact of history that democracy in Indonesia have been felt far from the spirit or the Tondi of democracy itself. This can be ascertained from: 1. People's participation can be bought with money; 2. Election of the full backwards with fraud; 3. Mass show of force became the pride of many political parties to conduct the pressures; 4. When this nation or the people in different political tokokh opinion in consulting or negotiating the differences become seeds of hostility; 5. the rights of Parliament as a control mechanism against the Government is not running as it should; 6. Ideals are not a member of the Legislative doubtful whether based on nationalism that aims to fight for the ideals of this nation, as contained in paragraph IV, the 1945 Constitution; The ideals of the nation and nationalism is to be pursued and enforced the the Caleg if he will Legislative members of Parliament. Meanwhile, as we know most of the children of this nation wants to be a member of the legislature merely seeking prestige or social prestige, so most of them after the power and the capital mobilized Caleg just to become a member of the legislature and if the failure of not a few are even suffering from mental stress . Not too much faith and godly if the future leaders of this nation need to be hidden, or perhaps this nation's way of thinking was already in pain, so do not understand how we live national and state, may also do not understand that part of the political parties really bring the mission to fight the ideology to make this nation with dignity. Even maybe we no longer have bonded as a great nation or we also have lost track of how to honor the noble history of struggle for this nation to be humiliated by the occupying an independent nation that all was paid for with blood, lives and tears.

We now are no longer colonized by a foreign nation, but we can not be denied this time occupied by our own people are compartmentalized in primordialism bond that is much more cruel impact of foreign imperialism itself. To save all we must wake up and recognize the history and ideals of this nation and carry forward the Pancasila democracy Iman and Taqwa, Kemnusiaan and nationalism in our current culture of democratic behavior to obtain a legitimate power in order to realize the ideals of this nation forward.

But in the process must all be done through the Good Law Enforcement and the availability of Human Resources in the rule of law (Law Enforcement) is accompanied by an awareness of all people of Indonesia to always obey the law, especially in the democratic party. The fact that there is, this nation's poor education, political participation because of poor voice has purchased the rights, poor security and the freedom of living in harmony side by side and the poor of justice and legal certainty in every organization of elections. People who are poor is not an ideal to be invited to the democracy-especially amid ribald marutnya law enforcement, then in a situation like this is impossible goals can be achieved Indonesia country well, impossible democracy and elections run smoothly without any cheating. Even the construction tends to have the opposite effect of making people poorer, destroy the social system and behavior and degrade the environment and the rampant culture of corruption that increasingly difficult to prevent. Is not the fact that there, where Indonesia is known as a country with Natural Resources (SDA) are abundant, but poor people in the midst of wealth. Ironic!
We now are no longer colonized by a foreign nation, but we can not be denied this time occupied by our own people are compartmentalized in primordialism bond that is much more cruel impact of foreign imperialism itself. To save all we must wake up and recognize the history and ideals of this nation and carry forward the Pancasila democracy Iman and Taqwa, Kemnusiaan and nationalism in our current culture of democratic behavior to obtain a legitimate power in order to realize the ideals of this nation forward.

But in the process must all be done through the Good Law Enforcement and the availability of Human Resources in the rule of law (Law Enforcement) is accompanied by an awareness of all people of Indonesia to always obey the law, especially in the democratic party.

Legal Awareness vs. Legal Compliance

Various legal counseling programs conducted during the time of the general public especially those on the Villages with the creation of target litigious society (Kadarkum) seems something good and ideal. But that must be understood with the public legal awareness are not synonymous with compliance with the law the law itself.

Compliance with the law is essentially "kesetian" person or legal subject to that law which diujudkan in the form of real behavior, being "legal consciousness of the people" is still not an abstract form of real behaviors that accommodate the will of the law itself. Many community members are aware of the need to actually respect for the law either "instinctive" as well as rational, but they tend not to obey the law. Developed legal culture of our community the more it reflects the attitude of opportunis can berkenderaan their diibarat traffic on the highway, when a red light and nothing happened to the police who guard the many of "them" reckless still go on with no regard or heed red lights are lit.

Is the so those who violate a red light that we say are not aware of the legal and / or do not understand what the function of regulating the presence of light traffic that there is a crossroads disimpang-.. ?, We are too premature to say they are not aware of the law.

They're actually conscious of the need for traffic regulation passed on the highway and more than that they are also aware of having violated a red light, but the problem is they do not adhere to that rule. And there's more as illustration the case of a child in this country people who had just committed yells (demonstration) with an agenda "enforce the rule of law without discrimination, corrupt law officials and black conglomerates" but when a young nation and hurried over demostrasi home accident in the middle of the road hit a raid (Poltas interception) and the nation's children do not happen to carry license, even for Poltas ngajak 86, another word for "understanding" resolved outside the courts.

It seems the case illustration is a representation of the legal culture in Indonesia. Most of the people we are aware of the necessity of law and respect for the law in the life of nation and state, but in fact our society tend not to obey the law.

That one's awareness of the law did not necessarily make a person is obedient to the law because many social indicators affecting the other. Legal compliance is the dependent variable is to build a law-abiding community have sought an independent intervening variable or variables that government programs that require the creation of litigious society the result can be seen in the form of compliance with these people in the law itself, that is not necessary means of coercion (power cq Police) that makes people afraid that they obey the law.

But on the other hand was not in fact too little of our Law Enforcement that belong to the chess dynasty that in doing his duty to enforce the law, especially in material criminal law (Criminal Code and Regulations Laws and other laws that contain criminal sanctions) it did break the law by formal criminal (Criminal Procedure Code and other Criminal Procedure) that either intentional or "accidental", that fact may indicate a strong and give the impression to the public that the law enforcement process in our country is still done with a half-hearted even in this era of reform era which he put forward the law as a "commander".

This fact is even more strongly suggests to the public that "enforcement hukumpun" in this country "does not obey the law".

Relations Law Doctors & Patients Based on the Applicable Regulations in Indonesia

Physician relationship with patients is a unique relationship, doctors as health providers and patients as recipients of health services. Doctors are experts and ordinary patients, doctors are healthy and sick patients.

Responsibility relationship is unbalanced, causing patients because keawamannya do not know what is happening at the time of medical acts performed, this is possible because information from doctors is not always understood by the patient.

Often patients do not understand it, suspect that an error occurred / negligence, so the doctors asked to replace the losses suffered. That often the wrong opinion is that any errors / omissions are done by the doctor must get gantirugi. Even sometimes if there is something about the alleged malpractice occurred, then used by the patient as an opportunity to force doctors to pay compensation.

In determining whether or not the doctor guilty and paying compensation to be proved first, and is determined by the judge in court. The problem is doctors are highly vulnerable to publication, so that doctors often are reluctant to be highlighted in the media, paying patient complaints, without due process of law.

This error is often misused by patients, causing doctors to protect themselves in various ways to avoid lawsuits from patients. One way is to transfer responsibility to a third party ie insurance, or working extra careful. In turn, the loss of patients as well as the cost of treatment becomes larger and the patient must bear the burden.

Actual fault or negligence of doctors in carrying out the medical profession, is an important thing to be discussed and known by physicians in general, it is because due to errors and omissions may cause very harmful effects. Besides damaging or reducing public trust in the medical profession also cause harm to patients. To understand the presence or absence of fault or negligence, the first execution errors or omissions should be placed facing the profession with the professional obligations in addition to the aspect of law that underlies the legal relationship between doctors with patients based on therapeutic transactions.

When viewed from the standpoint of law, the relationship between patients with doctors included in the scope of the agreement (transaction therapeutic) because of the ability of doctors to promote health or cure the patient, the patient otherwise approved therapeutic actions performed by the doctor. Agreement has therapeutic qualities and special features, not the same as the nature and features of the agreement in general, because the object of agreement in the therapeutic transaction is not a "cure" the patient, but look for "efforts" the right to cure the patient. Agreement doctors with patients, including the appointment of "effort" or called (Inspaningsverbintenis) not an agreement about the "results" or called (Resultaatverbintenis). Legal relationship between the patient's doctor may occur partly because; patient who came for help physicians treat illness, in circumstances like this happens will the agreement between the two sides, and place the legal relationship of trust derived from a patient to a doctor, so patients are willing to give consent medical action (informed consent).

In Indonesia, informed consent has been obtained juridical justification through the Minister of Health Regulation No. RI. 585/Menkes/1989. Approval of medical action (informed consent) in practice much difficulty, because of the language factor, factor family intervention or a third party in giving consent, factor the difference of interest between doctors and patients, and other factors.

Because of this concept is only obliged to physician health services with full sincerity, with all his ability and interest in accordance with professional standards. So says a doctor can make a mistake or negligence in carrying out his profession, if he did not fulfill their obligations properly, based on the highest they have the ability in accordance with operational standards (SOP).

Quo Vadis Consumer Protection in Indonesia

The most prominent issues in the implementation of globalization is the free market system that is currently sweeping the world speeding by all the consequences. Turnover of goods and services across borders has many benefits for consumers where the consumer has the freedom to choose goods and services offered, but on the other hand the negative impacts, ie the consumer will be the target / object of the business activities of the businessmen to take advantage of the maximum .

A new development in today's society, especially in developed countries is increasing attention to consumer protection issues, in line with the increased protection of the rights of human rights. Monopolistic practices and lack of consumer protection has been put "position" consumers in the lowest level in dealing with business actors (in the sense that the widest).

Therefore the consumer is seen as more weak laws deserve greater protection in the appeal periods ago. In connection with it in various countries, especially in developed countries and the international world has made legal reforms related to producer responsibility (product liability), particularly in order facilitate providing compensation for consumers who suffer losses due to products distributed in the community .

In particular the definition of product liability is a legal responsibility of the person or legal entity that produces a product, and / or parties who sell these products and / or parties who distribute these products, as well as those involved here in the commercial series of preparation or distribution of a product, and also includes entrepreneurs workshop, warehouse, agents and employees of enterprises above.

That the efforts of consumer protection is more intended to enhance the dignity and consumer awareness and / or both are intended to encourage actors in the conduct of business in their business activities carried out with a full sense of responsibility.

The need for regulation of consumer protection is in order as follows: 1) Creating a consumer protection system which contains elements of access and information disclosure, and ensure legal certainty, 2) Protecting the interests of consumers in particular and the entire business interests in general; 3) Improve the quality of goods and services; 4). Provide protection to consumers from deceptive business paraktik and misleading; and 5). Integrate the implementation, development and consumer protection arrangements in the areas of protection in other areas;

In the life of society is very much consumer rights consciously or unconsciously, often overlooked or violated by the business, whether it occurs banking sector / financial institutions, telecommunications and transportation services, at the pump / gas station, and in the supply of goods and services in general through advertising practices that are misleading, in which often happens: 1) Ad bait (Bait and Switch adv) which is now being conducted by the business by distributing invitations to take kecalon consumers a free gift then persuaded consumers to buy goods with a spectacular discount when price and quality of goods are being manipulated; 2). Misleading ads (mock-up-adv), where the content of this ad or efficacy of the product state is described by lead towards excessive and misleading, as occurs in many medicinal products are advertised, generally only show / exploit the things that are excellence and success products without informing adverse effects and side effects that can harm consumers.

And it is common knowledge that felt disadvantaged consumers are reluctant to do something for the losses it suffered because of distrust of the "Institute of Court", even in the Article 17 paragraph (1) BFL, the penalties are 5 (five) years imprisonment or a fine Rp.2 billion, which specifically regulate the actions provided the advertising business by producing ads that can: a) to deceive consumers about the quality, quantity, ingredients, uses, and prices of goods and / or tariff services and timeliness of receipt of goods and / or services; b) deceive guarantee / warranty for goods and / or services; c). Contains false information, wrong or inappropriate about the goods and / or services; d). It contains information about the risk of the use of goods and / or services; e). Exploit the incident and / or a person without the consent or approval of authorities concerned; and f). Violate ethics and / or the provisions of legislation on advertising. But in reality the consumer society that has not affected many know / not how to use their rights.

In the Consumer Protection Act there are three institutions that play a role and responsibility in the implementation of consumer protection, namely: 1). Ministers and / or relevant technical minister whose duties and responsibilities include the fields of trade; 2). National Consumer Protection Board, and 3). NGOs namely Consumer Protection Agency-Governmental Organization. At points 1 and 2 represent the government and the NGOs in point 3 represents the interests of the community. For dispute settlement is possible without going through the Justice Institute through the Institute of Consumer Dispute Settlement Board is composed of elements of the government, consumers, and business actors.

Of course the purpose of the law to provide consumer protection Indonesia is one thing that can not be avoided, in line with our national development objectives, namely development of the whole Indonesian people.

Legal device in Global Warming

If construction can clearly be interpreted as a concept in which the proposal subject of human behavior change desired, it can be concluded that the essence of development is how to change the laws of human behavior towards awareness and compliance with the law of the values applied in life and society.

Specifically develop human behavior and society should be in the context of community life of nation and state in which they understand and are willing to carry out its legal obligations as a citizen and understanding of how demanding the rights that are guaranteed by law in the legal process itself. Development must also addressed how to change the behavior of the people of Indonesia, from the all retarded behavior towards a more advanced behavior socio-economic, cultural, moral and prosperous behavior by understanding their rights and obligations as citizens.

In this context a clear development can not be separated from the consciousness and adherence to human or public law values. Legal development should be conducted simultaneously with other development plan implemented in the planning process of development of a global nation, because the final goal (end goal) is planning "human behavior" that adhere to the values of development itself.

On the basis of this thinking that led to the development of law in the awareness and compliance with public law must receive primary attention from all aspects of the planned development. We need to know that the law as a discipline actually has 2 (two) objects, the formal objects and material objects.

Formal object of legal science is how to lay the foundation and the handle to the creation of order, peace, decency and justice for individuals and society, is the Material Object of legal science is how to create the formation of human behavior and culture-conscious people and very obedient and understanding of rights and obligations as part of a community of communities, of a nation and / or a country. We are very concerned to see the culture of our nation's law behavior is apparent therein which is filled with potential for violence and indifference to the required order in the habitat.

The potential of this law behavior can be described as culture-cross-over behavior in the streets. Compliance left-over traffic in the street can occur if there is a traffic cop who was always ready to guard the road users or drivers on the road, if there is no Poltas all signs traffic tends to be broken, especially violations of traffic signal lights that have the road intersections. Order at least a society can be measured against the law of public awareness in pass-traffic on public streets.

Not even a little too much road users (motorists) who tend to violate the street signs and totally ignore it even if there Traffic police guarding the moment. Development Law can not seem to go smoothly if the root problem is the failure of the indicators of a building is not completed, for example, one of which concerns: 1) aspects of welfare (prosperity), in which concerns some indicators such as indicators of the availability of jobs with salaries that "enough"; 2) aspects of facilities and infrastructure to accommodate road comfort and safety for road users drivers; 3) professional aspects of the law; 4) aspects of ensuring that community needs regarding food, clothes and shelter; 5) aspects of system operation conducive infrastructure and superstructure of the concerns of public services; and many other aspects that can not be mentioned given the limited field.

Development asserted law can not be done partially or is a concept that stands alone. Tend to be obedient to all the signs and legal norms, if the fundamental aspects concerning the needs of his life is threatened and / or difficult to be fulfilled in the midst of a global system in which they live. If this happens, do not expect many people we want to consciously adhere to all norms and rules of law in our country.

This is a chain will bear the impact of the development of the artificial. Is it democratic development, moral development and character of the nation, development of facilities and physical infrastructure of buildings and super market, or the construction of educational facilities and produces only the delivery of job seekers. Legal development should be conducted simultaneously and synergy with other development aspects.

Without such a utopia, he became, so the law can only be obeyed by the public within the authoritarian system of government.

Warranty On Rights Legal Aid

Equal treatment before the law are human rights. this equation must be balanced with treatment so as not to be violated due to various reasons such as social structure, and economic status. regarding issues of equal treatment before the law in The Constitution of the Republic of Indonesia in 1945 was staged.

other than those stipulated in the Constitution of the Republic of Indonesia, concerning equality before the law was also in the set of laws and regulations applicable in Indonesia, as in the Act No. 39 of 2009 on human rights. of the rules of positive law in Indonesia is clear that each person is recognized equal before the law. and every person who is not capable of fighting for their rights are legally entitled to obtain legal assistance.

Legal aid rights of every person, especially someone so that he could not get justice. no one has the right to remove a person's right to obtain legal aid even though the country. This guarantees the rights contained in international standards and national law as a form of fulfillment of basic rights that have been universally recognized.

The Legal Aid Justice System

In the Indonesian judicial system, particularly criminal, right to legal aid is governed by Article 54 KUHAP.yang where it aims for self-defense interest, suspect or defendant eligible for legal aid by a person or persons legal advisors at every level of examination.

In addition to legal assistance by the legal adviser at every level of examination, the defendant is also entitled to legal aid in any time needed. This was confirmed later in the chapter 56 Code of Criminal Procedure. Legal assistance to OBLIGATIONS especially of certain crimes: 1. Threatened with death penalty, sentence of fifteen more; 2. Suspect or defendant is not able to provide themselves or the threat of criminal punishment in question or indictment of five years or more. Rights have also encountered legal assistance in Law no. 23 Year 2002 on the Elimination of Domestic Violence.

In terms of providing legal aid to those mentioned above of a lawyer or advocate is obliged to provide legal assistance free of charge. this provision in Padal 22 set in law number 18 year 2003 about lawyers. other than that of providing legal assistance free of charge are also regulated in Article 7 (h) Code of Ethics of Indonesian Advocates (KEAI).

State Secrets Bill Indonesian and foreign interests

Newspaper Sydney Morning Herald on March 14, 2002, reported the involvement of Australian-US intelligence in the case of the loss of East Timor. In the proclamation, in describing that in 1999, with sophisticated military facilities, Australia intercepting cellular communications Jakarta-Dili. In another case, in December 2004, the British newspaper The Guardian reported the purchase of 100 units of the project scorpion tank by the government of Indonesia to the weapons company Alvis Vehicle Limited 1994-1996. If we associate with the sounds of article 6 of the bill specify that the RN in the State include confidential information, "the plan allocation and expenditure reports relating to the real task of the mission and the defense, and information relating to the import and export of armaments, technology, war and ammunition for use (debriefing ) TNI ", with clearly that the transaction was the purchase of weapons, including state secrets category. Thus, j

If the bill refers to the State Secret, then if any of our media, citing what he wrote in The Guardian said, would naturally be subject to criminal sanctions. It was common knowledge that most of the news media, national media also quoted from the foreign media. See the formulation of draft article 6 of the Secret State, there are no major defect in the notice by the government. Impressed the government closed access to public information disclosure from the national press to the problems of security and government defense but on the other hand gives a fresh breeze to the actions of wiretapping, intelligence and foreign disclosure.

Regarding the allocation and expenditure reports relating to military security defense, should not be on set again in the State Secrets Bill. Why? As a member of the UN, Indonesia joined in the Guidelines for International Arms Transfers (Disarmament Commission, Mey 1996), where the UN Register of Conventional Arm and UN Standarized of Reporting on Military Expenditure requires transparency of conventional arms transfers between countries. Very contradictory, if our government will have to "open up" with countries outside but must be a secret in the country. If so, the big question, who really gives a threat, our communities or foreign parties? The government should be more observant in formulating the State Secrets Bill, do not seem forced to the legislated, considering that in the last 5 years, no laws issued by the Department of Defense when compared with departments other.

Corruption Court bill

Corruption in Indonesia so rampant, almost to the line and institutions, despite efforts
pemberantasannya been done since the 1960s. So the foreign press is always referred
Indonesia as the sick man of Asia because of corruption has menggurita to various sectors
development.
Now, when Presiden.Yudhoyono lead this country, he has a strong obsession for
corruption. Therefore, issues that need to be addressed are, first, the Bill
Court Corruption (Corruption). Making Corruption Bill should promptly in
prepare specific professional judges. Second, eliminate the provision permits the President to
corrupt state officials.

Presidential Permit
Conditions of permits the President to examine the state officials involved in corruption during the
inhibit the effectiveness of treatment and prevention of corruption cases. Article 106 of Law No.
22/2003 concerning the composition and position of the MPR, DPR, DPD, and DPRD and Article 36 of Law No. 32 /
2004 on Regional Government are equally set the permission of state inspection officials.
From the legal perspective of government, the nature of consent as a form of preventive control
to prevent violations of the law. Therefore, the permission checks that state officials suspected
same as protecting corrupt embezzler normatively. Permits the President at the request of investigators,
according to Article 36 Paragraph (1) Law No. 32/2004, in some cases likely to be misused investigators
"protect" corrupt on the pretext still waiting for permission of the President. And maybe
petition to the President was never sent.
Permit inspection Discrimination state officials to prove discrimination and
ignore the principle of equality before the law between state officials and employees, other countries
involved in corruption. The equation is one of the civil rights that the absolute character
should not be violated by anyone in accordance with Article 28 D of the 1945 Constitution yo Article 4 of Law No
39/1999 on Human Rights.
In politics legislation, in order to create a responsive law in accordance with the demands and expectations
community, the provision of law permits the President in a positive need to be removed. Permits the President to
replaced by a written notice to the authorities investigating hierarchically related to the President as
report.
The report was to supervise the examination of state officials suspected of corruption. Thus, supervision
government needs to be improved although the people still doubt the objectivity of supervision
considering regional watchdog appointed head of regional officials.
In addition, the need to reopen the file corruption in the areas of government in creating a
clean in a way; first, held back in the corruption cases that still "settle".
Second, regional head of the abuses of authority because "for-for" projects in a way
direct appointment to be processed as soon as possible.



Eradication of corruption in Indonesia

Shouts some circles that Bill Court Corruption (Corruption Court bill) discussed in the parliament soon as there are no echoes. Rather than enter a priority, this bill has not even submitted to Parliament during this session to IV. Until now, the Corruption Court bill was still in the hands of the president.

"Unfortunately, the Corruption Court bill not a priority. This is very important when considering the Corruption Court related to the existence of the KPK, "said Senior Researcher Center for Law and Policy Studies (PSHK) Bivitri Susanti, Tuesday (13 / 5).


Based on the Constitutional Court's decision earlier in December 2006, the Corruption Court by a separate statute, not by Law No. 30 of 2002 on the Commission for Eradication of Corruption. The Court gave three years for the formation of a special law giving the legal umbrella for Corruption Court. Thus, given the Constitutional Court deadline is December 2009.
Council members busy dealing with the 2009 General Election and therefore could not meet the deadline given the Court. If this happens, not only would weaken the Commission, the eradication of corruption will also reap serious obstacles.

In a plenary session of Parliament yesterday revealed that the government has not passed the Corruption Court bill to the House. The government just told the three other bill to the House of Representatives discussed. This will certainly be a step backward in law enforcement efforts to eradicate corruption in Indonesia.

Draft state secrets in the eyes of the Press

Regarding the government's plan to legalize a state bill Rahsia a lot of resistance from various elements of society especially the press. for a variety of rubber articles in the bill that would turn off the sovereignty of the people through the banning of the press. This Act threatens democracy. The sovereign is the people that, the greater part of the information is open and only a few! closed. If implemented, this would threaten the press that has developed well.

tolah they RUUnya but not being in the draft created. On the bill was referred to a bill that sanctions violators should be addressed to the holder of confidential information, was also charged to the user. This bill also considered inhibit freedom of the press because in it contains the state budget as a state secret, the prohibition of broadcasting adnya various organizational structures Indonesian National Army (TNI) and the broadcasting ban on members of the military payroll.


This bill is unnecessary because the existing Law No. 14 of 2008 on public information ketebukaan (KIP). in this law is set on what became a state secret. so no need to set the law on state secrets.

IMPLEMENTATION OF ARTICLE 18 ON CONSUMER PROTECTION ACTSTANDART CLAUSE EKSONERASI INCLUSION

Consumer Protection is all efforts that ensure legal certainty to provide protection to consumers. With consumer protection is expected to be hope for all nations in the world to realize the various dimensions of relationships to each other have the linkages and dependencies between consumers, business and government as a regulator. In economic development the government is obliged to give guidance, direction and protection to create a healthy climate and the development of the business world, especially the world of trade.

With Law Consumer Protection No. 8 of 1999 is expected weak consumer position can be protected by law. However, in application of Law Consumer Protection No. 8 of 1999, particularly Article 18 not to work properly we expect bersama.Konsumen forced to accept with some reluctance because it is driven by necessity.


Inclusion of standard clauses can not eliminate eksonerasi consumer rights to obtain damages. The right to obtain damages should be placed higher than businessmen who have made eksonerasi standard clauses. If a request filed by consumers are not getting proper response from the relevant parties so consumers are entitled to legal settlement either through court or outside the court by BPSK. The business still includes the standard clause in the memorandum eksonerasi purchase is subject to civil penalties that the treaty was annulled by the standard legal and business must be revised to comply with Law Consumer Protection No. 8 of 1999 section 18

Cyber law

Cyberlaw or other words of cyberspace law as the legal aspects relating to the use of information technology in virtual space (cyberspace). Professor of Law Faculty of Diponegoro University Barda Nawawi Arief called cyber terms with "mayantara". Unlike the Barda Nawawi Arief, Edmon Makarim of the Institute of Law and Technology Studies, University of Indonesia are reluctant to mention the word virtual cyberlaw. But whatever the term, until now there has been no single regulation in Indonesia who called or defined the term cyber or mayantara. Because the term is basically cyber in Indonesia today is not a legal term.

According to some authors pendangan scope of cyberlaw requiring serious attention in Indonesia today ie; criminalization Cyber Crime or crime in cyberspace. The negative impact of crime in this virtual world has a lot happening in Indonesia. However, due to the existing set of rules is still not strong enough to trap the perpetrators firmly sanction, this crime is growing as the development of information technology.

Crime actually grow and thrive in a society, no crime without the community. Diucapankan Lacassagne true that society has criminals in accordance with merit. However we know a lot about the various factors that crime in society, but what is certain is that crime is one form of human behavior that continue to experience growth in line with the development of society itself.

Legal efforts That The Consumer Can Do

Along with the growing development and information technology, people have unknowingly become victims of advertising and promotions that are not true. this can be seen from the number of marketed products often does not match with the advertising and promotion of products tersebut.bahkan problem given discounts often do not match those promised in the promotion or advertising.

Basically, advertising and promotion have a very important role in business activities, the interests of consumers and government activities. And for that, then Law Consumer Protection (BFL) Indonesia enacted to provide legal certainty and protection for each of these interests. In providing legal protection for consumers, Article 9 BFL Indonesia governing the prohibition for the business to trade of goods and / or services offered, promoted, advertised incorrectly, and / or as if such goods.

In addition to these provisions, when talking about advertising and promotion itself, Article 12 of BFL also regulates the prohibition for the business to offer, promote or advertise goods and / or services with special prices in a certain amount of time and, if the business does not mean to perform in accordance with the price, time and the amount offered, promoted, or advertised.

In principle, any consumer who feels harmed may file a lawsuit through the institution authorized to settle disputes between consumers and business actors such as the Consumer Dispute Settlement Board (BPSK), or through the judiciary generally. On this provided for in Article 45 and Article 46 of BFL.


Legal Aspects of Consumer Protection in E-Commerce

Trade using the Internet medium is bustling place. Many who have used konseumen this medium, though with concern how to protect their rights as consumers?. One of the rights of consumers are getting the right information, clear, and honest business actors regarding goods and / or services offered to them.

Consumer rights to information is a basic right of consumers to decide to consume or not the goods and / or services offered to their customers need information. Consumer protection efforts in the trade by using the Internet media can be run with the improvement of the device of consumer protection laws that regulate the advertising, to include media advertising using the internet.

This legal device improvements are needed since we often can not take action against law breakers just because there are legal instruments which can not accommodate the offense committed. Although the legal tools to protect consumers have been prepared and have been corrected, if there is no will and real efforts from government, law enforcement agencies and consumers themselves to enforce their rights, then the consumer protection and place roads will not achieve its objectives. For that oversight of the provision of information through advertising on the internet is required.

CYBERLAW; CHALLENGE FOR DEVELOPMENT OF LAW IN INDONESIA

The development of information technology is happening in almost every country has a global characteristic of a loss of national borders (borderless). Countries that already have a network infrastructure that more adequate information would have enjoyed the development of information technology, developing countries will experience in its development tendency of the emergence of neo-colonialism. This shows the existence of a paradigm shift which is an information network infrastructure for the development of a country. Without the mastery and understanding of this information technology, the challenges of globalization will lead to a high dependency on others and loss of opportunity to compete because of lack of utilization of information technology.


Well aware that the development of information technologies shape the Internet, have changed the pattern of community interaction, such as the interaction of business, economic, social, and cultural. The Internet has contributed so much to society, company / industry and government. Internet presence has been supporting the operational effectiveness and efficiency of every human activity.

The development of information technology including the internet in it also provides challenges for the development of law in Indonesia. Law in Indonesia on demand to adjust to social changes. Soerjono Soekanto suggests that social changes and changes in law or otherwise do not always take place together. This means that in certain circumstances legal development may lag by the development of other elements of society and kebudahaannya or perhaps the opposite

constraints in the trap crimes in cyber world

With the growing dependence on technology and society, especially against the "Internet" resulted not only dipergunakannya this technology to its original destination of the good. In the reality of everyday life, has a lot of crimes committed through this virtual world. whether the shape of fraud, libel or other crimes. The problem is whether the law in Indonesia has been able to ensnare cases like this.

If viewed in a judicial procedure, criminal acts committed through this virtual world there are no particular rules. often the perpetrators of criminal acts in the virtual world is free from legal entanglement. The main problem is in the Aspect of Evidence. We have proof system of law in Indonesia (especially in section 184 Criminal Code) are not familiar with the term evidence of electronic / digital (digital evidence) as proof of valid under law.


Still much debate, especially among academics and practitioners about this. For the civil aspect, basically a judge can even be led to do rechtsvinding (legal discovery). But for the criminal aspect is not the case. Legality principle stipulates that there is no one act can be imprisoned if there are no legal rules that govern them (nullum delictum nulla poena sine previe College poenali). Needed for the proposition that a strong enough so that academics and practitioners debate on this matter need not happen again.

Cara Membuat Teks Berjalan

NORMATIF RIGHTS WORKERS IN THE layoffs affected EXPRESS COMPANY UNDER THE BANKRUPTCY LAWS IN LABOR IN INDONESIA

The working relationship is the relationship between workers and employers are going after a labor contract between workers and employers. Under the agreement workers expressed her willingness to work on the employer to receive wages and where employers expressed her willingness to hire workers by paying wages. Laws and regulations concerning labor in our country have recognized the existence of a principle of workers to continue to work unless there are specific reasons that can stop it.

Dismissal is generally only considered reasonable, if taking into account the interests of fair, both from workers and from the company, and the dismissal is a necessity. If a company is declared bankrupt, then it will give rights to employees who worked on the debtor in bankruptcy to request the Termination of Employment (FLE). That is because companies will not be operational again and the employees / workers will get severance pay, cash awards tenure, and reimbursement rights in accordance with statutory provisions that provided for in Article 165 of Law No. RI. 13 of 2003 concerning Manpower.

Severance pay, cash awards tenure, and reimbursement of such rights is a priority debt to pay. It has been stipulated in Article 39 paragraph (2) of Act No. RI. 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligation to mention that since the date of the bankruptcy decision pronounced, wages payable before or after the verdict was pronounced bankruptcy debt bankruptcy assets.

In Article 95 paragraph (4) of Law No. RI. 13 Th. 2003 on Labor also noted that in the event that the company is declared bankrupt or liquidated under the laws and regulations in force, then the wages and other rights of the workers / laborers is a priority debt payment.

And employers are required to pay severance pay, cash awards tenure, and reimbursement is in accordance with the rights that should be received by the employees / workers, and provision has been stipulated in Article 156 paragraph (1) Law No. RI. 13 Th. 2003 concerning Manpower. With the legislation that the rights of employees / workers affected by layoffs at the company because of where he works can be protected in bankruptcy affected

Rights of the Child From the Mixed Marriage

If you're hit by romance and fall in love with a person and citizen of Indonesia intends to continue the marriage then this is what you should know ...


With the enactment of Law number 12 year 2006 about citizenship, the rights of children born of mixed marriages are no longer terdiskriminasikan. In the latest citizenship law is not recognized therein dual citizenship (bipartide) or without nationality (apartide), citizenship is granted to children in this Act is an exception. This law also stipulates that children born outside of legal marriage solely to provide protection to children who have their citizenship status.


The Law No.12 of 2006, especially in chapter 4 gives an explanation:
1. 4I article explained that the children born in the territory of the Republic of Indonesia which at the time of birth is not clear the status of father and mother's citizenship,
2. 4J article explained that a newborn child found in the territory of the Republic of Indonesia for the father and mother are unknown.
In the second section provides a status of citizenship for children born in the region in the State of Indonesia which is not obvious at birth the citizenship status of his father and mother and unknown father or mother, this is because of the citizenship law adopted the principle of ius solli the basis of place of birth and ius sanguinis apatide Based offspring (no citizenship) and offspring bipatride (having two nationalities).

The principle of Jus Solli give citizenship to children referred to in Article 4I and 4J because He was born in the region and the state of RI Jus sanguinis principle of giving citizenship to the children in question, although the lineage is apatride (memili no nationality and is not known who the father and mother).

Besides ethnic treats like other Indonesian citizens, Law No. 12 of 2006 also made an important breakthrough that is by giving a limited dual citizenship for children of
results of mixed marriages between a foreign citizen before the child is 18 years old and not married

legal issues in the field of employment

Agreement on the set work in employment law can be individualized (PK) and collective (PKB). Work agreement was made because of the employment relationship with the elements there are jobs, wages and orders (Article 1 number UU RI No. 15. 13 of 2003). Based on Burgerlijk Wetboek (BW), PK and PKB serves as a binding legal (normative) which contains the rights and obligations of the parties to an agreement.

Thus if one party can sue to defaults or dispute. Normative rights disputes as has been agreed under the Law No. 2 of 2004 concerning Industrial Relations Disputes Settlement (PPHI) made through or by Bipartit, Mediation (to dispute the rights, interests, termination, disputes between the SP in one company), conciliation (for conflicts of interest, termination, disputes between the SP in a single company) and Arbitration (conflict of interests between the SP and in one company).



Settlement of normative rights through the Industrial Relations Court under Law No. 2 In 2004, the judicial procedure used was a civil procedural law. A dispute can be continued level of Industrial Relations Court after Bipartit and settlement through mediation, excluding a dispute that is or has been resolved by the arbitrator. Industrial Relations Court over the dispute is the right decision the first level, so the decision can be appealed.

Normative rights that arise because of the legislation is a minimum standard that must be implemented by all parties. In general, the rights raised by legislation is equipped with (a) criminal penalties. If there are not implementing the normative rights contained in the legislation to restore the balance, the state must take steps to make enforcement.

One effort in law enforcement of the regulations that contain criminal sanctions with an investigation under Law No. 8 of 1981 on the Criminal Procedure Code. Procedural law of criminal procedure used is in accordance with Article 6 paragraph (1) Law No. 8 Year 1981 jo b of article 182 paragraph (1) of Law No. 13 of 2003 provided authority Supervisors Employment khusu as PPNS, however, in supervision of manpower known 3 (three) approaches in law enforcement, namely educative preventive, repressive and repressive non justitia justitia.

There are times (most or many) of a PK or PKB, containing or material re-establish the laws and regulations which have criminal sanctions. Our view should be placed to the existence of a normative violation of the rights that have been arranged in the legislation, does not consider whether the agreement right back in the PK or PKB. However, steps to restore balance to be done.



The requirements and process Mixed marriages on the basis of law in Indonesia

When mixed marriages took place in Indonesia, mixed marriages conducted according to the Marriage Law (Article 59 paragraph 2). Requirements regarding marriage must meet the requirements of marriage under the laws of each party (article 60 paragraph 1).



Officials authorized to give information on already fulfilled the terms of marriage by law each party is legal according to civil registrar of each party (article 60 paragraph 2). When the registrar refused to give employees keterang letter, which was concerned that apply to the Court, and the court gives its decision. If the court's decision stated that the denial was not unreasonable, then the Court's decision to replace the certificate (Article 60 paragraph 3).

After a court certificate or court decision obtained, then the marriage take place immediately. Pelangsungan marriages performed legally each religion. For the Islamic religion, which according to Islamic law with the akad nikah ceremony, while for non-Islamic religions is that religious law. In other words, so that the ceremony can be performed according to the Islamic religion, the bride should religion Islam. In order to do the marriage ceremony according to civil records, marriage both parties must be subject to the provisions of civil ceremonies. Pelangsungan marriages performed before the registrar employees.

There is a possibility after they obtain a certificate or court verdict, the marriage did not get them to do. If their marriage was not conducted in a period of six months after the information or the decision was given, then the certificate or court verdict has no more power (Article 60 paragraph 5).

After a court certificate or court decision obtained, then the marriage take place immediately. Pelangsungan marriages performed legally each religion. For the Islamic religion, which according to Islamic law with the akad nikah ceremony, while for non-Islamic religions is that religious law. In other words, so that the ceremony can be performed according to the Islamic religion, the bride should religion Islam. In order to do the marriage ceremony according to civil records, marriage both parties must be subject to the provisions of civil ceremonies. Pelangsungan marriages performed before the registrar employees.

There is a possibility after they obtain a certificate or court verdict, the marriage did not get them to do. If their marriage was not conducted in a period of six months after the information or the decision was given, then the certificate or court verdict has no more power (Article 60 paragraph 5).

Wasior flash floods in Irian Jaya Indonesia



Flash floods that destroyed Wasior City, the capital of Wondama Bay District, West Papua, allegedly triggered by the illegal logging activities (illegal logging). Damage to nature there is the impact of excessive forest exploitation.


This was revealed by Minister of Forestry Zulkifli Hassan in Jakarta, he said, signs of illegal logging are found in West Papua region, such as South Sorong and Wasior. Ministry of Forestry has been aggressively enforcing the law to combat illegal logging. Along with that, Zulkifli Hasan hopes more enterprising people to plant trees to minimize the potential for natural disasters. "Our job is to constantly planting trees, especially in the mountains to avoid the occurrence of natural disasters,"

Wasior Village, in Papua Flash Flood affected, look chaotic and messy, Saturday (9 / 10). At least 147 people dead and 66 missing and 800 injured, as data released by the Government. The government says that this is caused by high rainfall while the Forum for Environment (WALHI) assess flash flood in the City Wasior, Papua, was caused by the destruction of forests in the area of Bay County Wondama. Controversy about the causes of the disaster stuck. Environmental groups such as Forum for Environment life blamed illegal logging as a ringleader. In fact, WALHI claims to have evidence of the photographs the result of illegal logging of timber carried on flash floods.

If it floods in Wasior appeal was caused by illegal logging / illegal logging, the Indonesian government should fully investigate cases of illegal logging in Papua is in accordance with the Law of the Republic of Indonesia No. 41 of 1999 on forestry and the search party should be responsible upon the occurrence of this disaster. Indonesian police are expected to work objectively and not selective logging.

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