KEWENANGAN PENGADILAN AGAMA DALAM PENYELESAIAN SENGKETA PERBANKAN SYARIAH

A.A.Oka Dhermawan
Fakultas Hukum, Universitas Muhammadiyaah Palembang, Jalan Ahmad Yani, Ulu Plaju, Palembang, Indonesia dan Fakultas Hukum Universitas Bhayangkara Jaya, Jalan Dharmawangsa I, No. 1, Jakarta, Indonesia.
Email: dhermawan_oka@yahoo.com.

ABSTRACT

The authority of Religion Court in resolving the Shariah Banking disputes regulated in article 55, verse (1) of Shariah Banking Regulation. There are two types of dispute resolution methods, namely non litigation (out of court) and litigation (through the court). The resolution procedure using non litigation method basically uses the agreement from all parties. If the resolution is made through arbitrate institution, the procedure of the dispute resolution is regulated in Regulation No. 30 the year of 1999, about Arbitration and the Alternative of Dispute Resolution. The procedure of the resolution of the Shariah banking dispute which proposed by the law abider, an Islamic person or legal institution and/or they who abide the Islamic law can be done in two ways. First is special judicial procedure when the case is dismissed, canceled and verstek by the verdict of dismissal, cancelation and verstek. When the case is dismissed, and canceled, there will not be any legal action, but the related parties can reapply the case. When the case is on verstek verdict, the legal action will be in the form of verzet. The second is the regular case, it is applied when all the trial procedures are fulfilled perfectly and the granted or denied with appeal as the law action.

MEMBERANTAS TINDAK PIDANA KORUPSI DI INDONESIA DENGAN MENATA BIROKRASI DALAM KERANGKA GOOD GOVERNANCE

Sjahruddin Rasul
Fakultas Hukum, Universitas Bung Hatta, Jalan Gajah Mada Gunung Panggilung Padang 25143, telepon (0751) 705 1341, 705 4257, Indonesia.
Email: sjahruddin.rasul@taspen.com.

ABSTRACT

Considering the severe corruption in Indonesia, its eradication then could not be conducted partially. It needs a holistic eradication corruption which involves the whole aspect, including Indonesian people and government institutions. Particularly from the side of government institution, it needs harder effort, related with the existence of bureaucracy obstacle and a poor good governance system inside the government organization.

KEDUDUKAN PEMEGANG HAK JAMINAN DAN KOMPETENSI PERADILAN PAJAK DALAM PENAGIHAN PAJAK

Ahmad Rizki Sridadi
Fakultas Ekonomi Universitas Airlangga, Jalan Airlangga 4,
Telp. (031) 5033642, 5036584, 60286, Surabaya, Indonesia.
E-mail: ars@unair.ac.id, ahmadrizkisridadi@yahoo.com

ABSTRACT

This research paper is aimed to examine legal problems arising out of conflicting rights concerning private rights owned by holders of security rights and public rights owned by state through Directorate General of Tax under the Ministry of Finance of Republic of Indonesia. This kind of legal problems occurred due to the tax (payable tax) collectivity conducted by Indonesia Directorate General of Tax against goods secured by guarantee rights (mortgage right, hypothecation, fiduciary right, and pawn). First chapter elaborated on legal matters which could be imposed by tax collectivity. Research continued to which of the two (private rights and public rights) would obtain priority right satisfaction of the secured goods if such goods are sold caused by bankruptcy or default by debtor. Another problem was whether Directorate General of Tax could be included as creditor or not. Further problem continued to the competency of the court which stood for different legal authority to examine and to settle this kind of case. According to this research tax obligation had highest position in all legal obligations hierarchy. Thereafter, settlement of this dispute lied on tax court. Role of tax court depended on whether or not process server of tax has implemented immediate and whole collectivity at time of obtaining two matters namely seizure of goods of tax payer by third parties or indications of bankruptcy.

KONSTRUKSI HUKUM MALPRAKTIK MEDIK DALAM PERSPEKTIF HUKUM ISLAM

Ahdiana Yuni Lestari
Fakultas Hukum Universitas Muhammadiyah Yogyakarta, Jalan Lingkar Selatan, Tamantirto, Kasihan, Yogyakarta 55183, Indonesia.
Email: ahdiana_y@yahoo.com.

Muhammad Endriyo Susila
Fakultas Hukum Universitas Muhammadiyah Yogyakarta, Jalan Lingkar Selatan, Tamantirto, Kasihan, Yogyakarta 55183, Indonesia.
Email: endrio_lycos@yahoo.com

ABSTRACT

In the last several years, medical malpractice has become an actual issue in Indonesia. As a legal construction, medical malpractice is not known in Indonesia. The concept of medical malpractice is still unclear for many people, including those who run the machinery of law. There is no specific regulation on medical malpractice in Indonesia therefore the cases were to be approached with the existing laws. It seems that developing what so-called the law of medical malpractice is urgent for Indonesia. It is interesting to know the concept of medical malpractice under Islamic perspective for the sake of legal development. It is believed that Islam is very much concerned with the issue of justice. In order to realise justice in the relationship between physician and patient, referring to the regulation provided in Islam is a smart choice. As we know that Islam is a religion of perfection. The teaching of Islam embraces all aspects of life. It is true that Islam provides all provisions needed by human being including medical malpractice issue. This paper tries to find out the concept of medical malpractice under Islamic perspective in order to know how liability upon the phisicians may run.

PERLINDUNGAN HUKUM BAGI INVESTOR DALAM INVESTASI REKSA DANA

Yulia Qamariyanti
Fakultas Hukum Universitas Lambung Mangkurat, Jalan Brigjend H.Hasan Basry, Pangeran, Banjarmasin Utara, Banjarmasin 70123, Kalimantan Selatan, Indonesia.

ABSTRACT

The aim of this research is to find out: legal protection for investor in mutual fund investment. The research method used is normative legal research methodology, which is included librarian research using 3 (three) legal source, such as primer legal source, secondary legal source and last but not least ultimate legal source. The result of research are: Legal protection for investor in corporate mutual fund and collective contract investment is stated in multi fund management contract, the state regulation of capital market, and its executor regulations such as Securities Exchange (BAPEPAM) regulation and fiduciary duty.

PELAKSANAAN PRIVATISASI BUMD DI ERA OTONOMI DAERAH

Rhido Jusmadi
Fakultas Hukum Universitas Trunojoyo, Jalan Raya Telang PO. BOX. 2 Kamal,
Telp. 031-3012390, Bangkalan-Madura, Indonesia.
E-mail: piliang_rido@yahoo.com

ABSTRACT

Generally, the existing of Local Own Enterprise (LOE) was based on the willing of local government to intervene the economic life in that region. LOE as business instrument of the local government is valuable enough and gives benefits to the local development as part of the efforts to increase prosperous life in this era of regional autonomy. As stated in Indonesian Constitution 1945 Article 33, the local government (as representation of the state) has right to own LOE as company business. The need of owning this LOE by the local government is embodied in the Article 173 and 177 of the Law No. 32 of 2004. Privatization now becomes an alternative that should be done by State Own Enterprise (SOE) but not by the LOE. It is because of there is, until now, no Law that regulates the privatization in LOE. Now, the effort for privatization still becomes the local policy of each local government. The policy of privatization, then, becomes the important need if it is based on the need to increase local government in the form of public services quality as well as increase its local budget development.