| Judul | Abstract | Halaman |
|---|
| Konsekuensi Yuridis Proklamasi Kemerdekaan Bagi Bangsa Indonesia Dalam Kehidupan Berbangsa dan Bernegara | The Proclamation of the Independence of Indonesia as a governmental act bears a highly fundamental function in terms of the establishment of its identity and sovereignty. This article explores the practical and juridical consequences of the proclamation both as a legal and political act. As a political statement, the proclamation effectively changed the fate of the Indonesian people embodying their rejection of colonialism, a practice viewed as inconsistent with humanity and fairness. As a legal event, the proclamation accorded the country a new legal status as an independent state with a sovereign government, legal order and legal certainty under an autonomous and free governance regime. | 315-330 |
| Memaknai (Kembali) Empat Pilar Kehidupan Berbangsa dan Bernegara Indonesia | All legal norms that govern society must be born from a higher legal norm. This legal norm for Indonesia is embodied in the Pancasila which prescribes the basic principles underlying the 1945 Constitution. The unifying function of the Pancasila is operationalized in the agreement to form a Unitary Republic of Indonesia (NKRI) whose motto Bhinneka Tunggal Ika expressly recognizes unity in diversity. The Pancasila has four pillars which in the constitutional history of Indonesia have become the subject of varying political interpretations to justify policies of incumbents. This paper will explore the normative concept of the four pillars and their influence on Indonesia as a nation. | 331-358 |
| Telaah kriminologi Konstitutif Terhadap Perwujudan Hak-hak Sipil yang Dijamin dalam UUD 1945 | Postmodern criminology promotes successful crime control through fulfillment of basic human rights of citizens. For Indonesia, the legal framework to realize and fulfill civil rights are already guaranteed by the 1945 Constitution and supported by the state philosophy of Pancasila. However, despite such framework, structural adjustments are still necessary to ensure Indonesian society achieves full protection of these constitutionally recognized civil and political rights. This paper analyzes the constitutive criminology tradition which discourse attempts to ensure social structures are developed and institutionalized to create conditions to deter illegal acts and breach of laws. It posits that in this respect, crime should be seen as a result of the workings of Indonesian society which must be enabled to ensure equal opportunities for all Indonesians to freely and socially interact without harming others. | 359-378 |
| Stagnasi Hukum dan Demokrasi di Indonesia dalam Pelaksanaan Otonomi Daerah | Indonesia is a unified state which recognizes democracy and the rule of law. The second amendment to Article 18 of the Constitution of the Republic of Indonesia 1945 which relates to local autonomy has done much to further both these ideals. However, it is difficult to maintain the democratic process where local officials are concerned, and where their election into office tend to be influenced disproportionately by ethnic and cultural groups. This has a negative effect on the values associated with real democracy. Moreover, local leaders have a great deal of authority in managing their areas (through taxes and levies) and expend a considerable amount of money on local elections, a problem which is compounded by widespread corruption. This paper will examine some of the problems of local government which have an adverse impact on democracy in Indonesia. | 379-406 |
| Wewenang Pembatalan Peraturan Daerah | Currently even or aspects of existing laws and the presidential governmental system, they remain valid unless cancelled by the Supreme Court pursuant to the praesumptio iustae causa principle thereby allowing the ex nunc validity of such regulations. This article addresses the legal issues concerning the annulment of regional regulations and finds that the process may indeed be inconsistent with existing laws and the presidential government system. Thus there is a need to clarify (a) the scope of Article 145, paragraph (3) of Law No. 32 year of 2004 upon Regional Government, particularly since regional regulations are a form of "delegated legislation," (b) the standard or threshold of "contravention of law" by which they may be annulled, and (c) the legal effects of annulment in order to create legal certainty. | 407-424 |
| Pengalaman Sistem Semi Presidensialisme Prancis: Sebuah Pertimbangan untuk Indonesia | The road to democratization in Indonesia is embodiedin its existing institutional design, which is a combination of presidentialism on the one hand, and multipartism on the other. However, this governance blueprint is inherently problematic as it regularly results in an inflexible and deadlock situation due to the permanent tension between the executive and the legislative branches of government. Empirical evidence suggests that only one country in the world has relatively succeeded while others have failed. This paper suggests that it may now be time for Indonesia to consider an alternative form of governance, namely the experience of France in practicing of semi-presidentialism. Semi- presidentialism is likely suitable to reconcile the benefits and disadvantages of presidentialism and multipartism in Indonesia. | 425-444 |
| Toward Federalism: a Constitutional Solution for Indonesia? | Sejak awal sejarah Indonesia modern, federalisme sering dianggap sebagai warisan penjajah Belanda untuk melanggengkan kekuasaan kolonial di Indonesia. Banyak kalangan menilai federalisme adalah agenda politik tersembunyi Belanda untuk mempertahankan pengaruhnya. Oleh karenanya, usaha untuk membendung hal itu adalah dengan membentuk dan mempertahankan sistem negara kesatuan sebagaimana diterapkan hingga hari ini. Sebaliknya, jatuhnya rezim Soeharto menjadikan isu federalisme mengemuka kembali sebagai sebuah formula untuk keluar dari krisis multi dimensi yang ditimbulkan Orde Baru. Terlepas dari diskursus federalisme yang masih menjadi jalan panjang untuk diadopsi di Indonesia, paper ini mengulas mengenai federalism, sebagai sebuah sistem pemerintah, yang patut menjadi sistem politik yang tepat untuk Indonesiakhususnya dalam mengatur keberagaman dan menyelesaikan krisis multi dimensi. | 445-470 |
| Pengaturan Kegiatan Trust Bagi Industri Perbankan di Indonesia | The existence of a policy concerning receipt of export proceeds through domestic banking system shall enable sustainable supply of foreign exchange in domestic financial markets. In response to the above referred consideration, Bank Indonesia sets provisions in Peraturan Bank Indonesia (PBI) No. 14/17/ PBI/2012 concerning Trust as banking business activity. Parties involved in Trust activities are : bank as Trustee, Settlor, and Beneficiary. The above PBI regulates that Trust activities shall be conducted by a business unit apart from banks other activities; Trust activities should be done based on written instructions from settlor as contained in the Trust Agreement; assets entrusted by settlor are recorded and reported separately from banks assets; Trustee is obliged to maintain records of Trust activities separately from banks records; and in the event a bank that conducts trust activities is liquidated, all Trust assets shall not be included in the bankruptcy assets and shall be returned to settlor. Based on a normative analysis made on the above PBI, it is deemed that from legal point of view, the above regulation has provide effective provisions and protections for exporters who safe and keep their export proceeds in the Trustee. | 471-492 |
