Ali Kurnia Widi, Salim HS, Lalu Wira Pria Suhartana

Abstract: This study aims at investigating the investment licensing activity in Mataram city, a potential place for the investors to do investment. It is due to the large number of businessmen making their investment license in the mentioned city. Not the entire investment license is well and smoothly processed by the One-door Integrated Services of Investment Coordinating Board of Mataram city, however. It is because of some constrains in the investment licensing services. The present study, thus, aims to explain such constrains and the way the government of Mataram uses to have the businessmen understand about the importance of making investment license on their business legality. This study is expected to be used as reference and to be beneficial of the development of the related field. It is also hoped to contribute to the understanding about the implementation of licensing activity. The method of this study is normative empirical method. Primary and secondary data are the source of the data used in this study. The result of this study explains about the implementation of the investment licensing activity, the classification of license according to the types of business, the constrains in the investment licensing services (e.g. the assumption of businessmen about the existence of the technical coordinator team making the bureaucracy take too long, the pander activity, the limitation of facilities, and the mutation of functionary leading to the making of different policies), and the government’s effort in getting the businessmen interested in making the legality of their business such as the launching of One-day Service program and of Permit Package program, and the making of the Standard Operating Services.

Keywords: implementation, service, licensing, investment

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Suntara Jaya Kwangtama Tekayadi

Abstract: The principle of presumption of innocence is a norm or rule that contains provisions that must be enforced by law enforcement officers to treat suspects or defendants as well as innocent people. Terrorist cases are one of the most vulnerable to violations of the principle of presumption of innocence in the judicial process. This study aims to find out how the procedure of handling terrorism cases in Indonesia, how to apply the principle of presumption of innocence in the criminal justice process of terrorism, and what are the legal consequences of violating the principle of presumption of innocence in the process of criminal justice of terrorism. This research is a normative empirical research. Then analyzed by using descriptive qualitative method. The results of the research indicate that the procedures for handling terrorism crime cases in accordance with Law Number 15 Year 2003 must be executed by the State institutions granted authority with full sense of responsibility and seriousness, that there is still an understanding of law enforcers if the principle of presumption of innocence means not guilty in the true sense that they always see their law enforcers as guilty. The legal consequences for violation of the principle have not been clearly stipulated in the provisions, unless unlawful involuntary attempts may be filed with a pre-trial lawsuit.

Keywords: effectiveness, presumption of innocence 

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Ni Wayan Ika Siwi Sasanthi

Abstract:

Land is one of the most important natural resources for the survival of mankind, the human relationship with land is not just a place to live, but more than that the land provides resources for the survival of humanity. According to Article 16 of Law no. 5 of 1960 Concerning the Basic Regulation of Agrarian Principles shall be regulated on the right to land which may be granted to the state of the country in the form of the most important ownership of the property, the right to use, the right to use the building, the right to use, the right to lease, the right to open the land, the right to collect the proceeds forests and other rights not included in the above rights to be determined by law and temporary rights as mentioned in Article 53 of the Basic Agrarian Law.

The purpose of this research is to know the mechanism of consignment of compensation and to know the obstacles that arise in the mechanism of compensation. In this writing the author uses the method of normative empirical research, the approach method used is the normative approach and empirical approach method, the data source used is literature study and field study, where the data used in the form of primary data and secondary data related to the issues discussed.

Keywords: consignment, land, public Interest

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Bambang Karyono

Abstract: This study aims to know and analyze; (1) the position of the sole candidate for regional head in the election and (2) the concept of regulating single candidates in the election, based on the democratic perspective. This research is normative research. The sample in this study is the sole candidate of regional head in Indonesia. Research method is done through problem approach which is approach of legislation and conceptual approach. The legal substances that have been collected are analyzed by using descriptive qualitative analysis. The results of this study are: (1) The existence of the Single Candidate of the Regional Head in the Election of the Head of Region simultaneously based on the Decision of the Constitutional Court Number 100 / PUU-XIII / 2015 and Law Number 10 of 2016 Selection of Head of Region with the sole candidate is the election conducted in a democratic perspective caused by the decision of the Constitutional Court (MK) by placing a Plebiscite as the basis for issuing an improper verdict permissible single candidate in the elections simultaneously held by electoral mechanism, because plebiscite to ask the people as voters to decide whether to “agree” or “not agree “with the candidate pair. So this cannot be said to remain in the perspective of democracy because society is not choosing to agree or disagree over the policy changes; and (2) The concept of regulating a single candidate in the election of a Regional Head based on a democratic perspective is a change of Law Number 10 of 2016 by considering the Stipulation of a single candidate as the winner of the Regional Head Election (acclamation), Single Candidate Pair is declared dead and unable to nominate self-returning, Candidate Doll is another form of single candidate, as well as the determination of the maximum limit of support from the political party path.

Keywords: single candidate, election of regional head, perspective democracy

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Jayadi

Abstract: The problems that often arise in the field of public services such as less responsive, less informative, less accessible, less transparent suspected as a result of the absence of compliance in carrying out public services. This study aims to determine whether public service in the city of Mataram is in accordance with the provisions of the Law of public service, and know the factors that affect public services. This research is an empirical law research that is research that see the real situation in the field. Then analyzed by using Qualitative method. The result of the research concludes that the public service conducted by the institution that became the object of research in Mataram City is in accordance with the provisions of the applicable laws and regulations, although there are some indicators that still need to be improved. Then the factors that influence public service are legal factor, government apparatus factor, facility and infrastructure factor, society factor, and supervision factor.

Keywords:  implementation of public services

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Rosita Dewi, Prof. H. Lalu Husni,S.H.,M.Hum., Dr. Arba, S.H.M.Hum

Abstract: The purpose of this research is to know and analyze about the limitation of responsibility of PPAT as general official related to material truth to the deed which made then disputed and to know and analyze the protection of PPAT law in carrying out its position as PPAT when dispute. This legal research is Normative Law research. The theory used in this research is Theory of Responsibility, the theory of Legal certainty, and the theory of Legal protection. Approach methods used are Legislation Approach, Conceptual Approach, and Case Approach. Based on the results of the research (1) The limitations of the responsibility of PPAT as the general official related to the material truth to the deed made then disputed in divided into 3 (three) forms of accountability, namely: Civil Accountability, Criminal Accountability, and Administrative Accountability . Each of these liabilities is sanctions that expressly regulate if PPAT does not carry out its responsibilities. (2) Protection of law of PPAT in carrying out its position as PPAT when dispute namely Preventive Legal Protection and Repressive Legal Protection.

Keywords: protection, law, PPAT

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Agus Wiyono

Abstract: The demands of skilled human resources increase in the era of Asia Economics Community. Therefore, government shall significantly have increased the number of skilled workers until 2019 in order to meet the needs in various sectors, especially education that provides life skill competence according to regional potential. The Ministry of Education and Culture will strengthen several aspects of vocational education, aming others; 1) strengthening institutional management through accelerated accreditation of school and certification, 2) improving curriculum and quality of learning through the arrangement of areas of expertise and enhancement of internships, 3) provision of competent vocational teachers, 4) increasing the quantity of vocational graduate workforce through the strengthening of graduate portfolio. According to the Minister, vocational education should be able to adapt the types of skills to market needs and be able to adapt to the employment and potential of region. This study aimed to determine factors affecting vocational education development to support regional potential were found by using Delphi method. Those factors found were distance (between resident and school), population, number of junior high school students, road network, public transportations, land price, disaster pronc, natural resource production, society participation, government commitment (policy-making), human resources of school managers.

Keywords: Vocational Education Development, Vocational Senior High School, Regional Potential, Delphi

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Suherman, SH

Abstract: International developments require Indonesia to improve international relations, through Law No.17 of 2013 on Civil Society Organizations, foreign civil society organizations (CSOs) can establish or run programs in the territory of the state of Indonesia. Under Indonesian national law, foreign CSOs shall be subject to Indonesian law and sovereignty. By international law, foreign societies that have certain characteristics can be categorized as international organizations, which means also attached to their rights. Thus, there is a conflict of principle between international law and national law. This research is normative law research, with statute approach, conceptual approach, and historical approach. Based on the results of the study, the arrangement of foreign CSOs in Indonesia shall be regulated in the Law No.17 of 2013, with the substance of foreign CSOs in the form of foreign legal entities, foundation bodies established by foreign legal entities or foundation legal entities established by foreign nationals together Indonesian citizens. Restrictions on foreign CSOs are conducted through licensing mechanisms as one of the instruments of the rule of law, which is further stipulated in Government Regulation no. 59 of 2016. The position of foreign CSOs based on Law No.17 of 2013 is influenced by International Law. In the case of state sovereignty, the position of foreign CSOs is subject to Indonesian national law. As members of the international community especially as members of the United Nations, the sovereignty of the state of Indonesia’s enforceability will be limited to the territory and will end if other powers have begun through international law. The concept of Rights in international law provides that international organizations as representations of the right to assemble and associate, must be adapted to the concept of understanding of rights according to the Indonesian nation that cannot be separated from basic human obligations, so that the basic obligations of foreign  CSOs engaged in activities in the territory of Indonesian sovereignty are recognizing Understand the rights adopted by the nation of Indonesia as well as respect the sovereignty of the legal state adopted by the state of Indonesia.

Keywords: position, foreign civil society organizations

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Muslim,¹ Prof. Dr. H.Gatot Hendro W., SH., M.Hum, ² Dr. H. Kaharudin, SH., M.H²

Abstract: Mediation is a way of dispute resolution through negotiation process to get agreement of the parties assisted by mediator.

Mediation as one of the forms of dispute settlement has the main scope of private/civil area. Inheritance Law is one of the cases that must go through the mediation process first before the examination in court in accordance with Article 4 of the Supreme Court Regulation Number 1 Year 2016. Its implementation in the Selong Religious Court in the settlement of heir’s case is the Chairman of the Panel of Judges determine the day of the hearing, the parties on mediation, selecting the mediator, making mediator decisions and adjourning the hearing to carry out the mediation process. The implementation faced with technical and non-technical factors. Successful mediation reaching agreement has the effect of permanent legal force, closed appeal law, cassation and executive power.

The law’s consequences of unlawfully following the mediation of the lawsuit are considered unacceptable, subject to payment of mediation fees and if both parties are declared unlawful then the lawsuit cannot be accepted without the imposition of mediation fees.

Keywords: mediation, mediation procedure in court, inheritance case

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Nesy Nofianti

Abstract: This research is aimed at analyzing the legal protection of website copyright in preventing copyright violation in internet and the extended role of the license in preventing copyright violation to protect the third party.

This research is normative study to study and analyses legal material either the primary or secondary or tertiary ones. The approach used in this research is conceptual and analytical approach.

The research showed that the inference of the study is that legal protection on the website in preventing the legal violation is that through registering the copyright although the registration is not obligation. The registration should be conducted by the copyright owner of the website that is ready to publish. Finally, the license may boost the fair and good competition among the designers of the website within the protection of license agreement model that protect the work that meet three criteria mentioned in laws article 1320 and 1338 of Civil Code which look very easy and simple to apply, but consist of many legal implication that need further attention since it relates to the right of consumers that have protection right in the content of the agreement.

Keywords: Website, Copyright, License

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