Abstrak.

The business transaction method has changed, from “real world” to virtual world.  This phenomenon provokes many legal problems for consumers where consumers often do not have a strong bargaining position and have a weak position. The e-commerce industry in Indonesia grows rapidly in the middle of economic slowdown pace. The value of e-commerce in Indonesia in 2016 is estimated to reach 30 billion US dollars or equivalent to Rp 395 trillion. The figure is predicted to rise to 130 billion US dollars or equivalent to Rp 1.714 trillion in 2020. The government should regulate the legal protection for consumer especially based on its actualization and urgency. The aim of this protection is to fulfill legal certainty which is needed both for business transaction and consumer rights protection. Furthermore, the legal protection of consumer rights in e-commerce should be given in whole aspects of law both simultaneous and comprehensive protection.

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Abstrak.

The Constitutional Court has a code of ethics and behavior of judges the constitution as the legal basis to carry out profession ethics. Due to his duty, judge of the constitution had potentially breaking the code of conduct and behavior of judges. In order to oversee the conduct of judges the constitution formed The Board of Ethics Judge Constitution (DE-HK) who has authority to check and give decision regarding of the reports on complaints and information through the media/the community related to alleged violations the code of conduct and behavior of judges the constitution as well as a violation of law constitutional court. The Board would have the authority to impose sanctions verbally and if the offense heavy, the board recommended the formation of an assembly of honor of constitutional court and make propose of the suspension of the judge the constitution, and if not proven The Board rehabilitates judge that concerned. This study is done in a juridical manner normative by looking at an object or target of regulation research, legislation and materials law other related supervision the conduct of judges the constitution by the board. Hence, within the revision on constitutional court law in National Legislation Program, it’s important to do institutional strengthening the board of conduct and to ripen position the tribunal honor judges to carries out surveillance and checks for violation code of ethics and behavior by the judges.

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Abstrak.

The purpose of this research was to whether the actions of government (bestuurshandeling) based on its discretion can be classified as a criminal act of corruption or not. The Methodology of this research used juridical doctrinal. The result showed that based on legal frame such as Law of The Administrative Court, Law of ASN, Law of Government Administration and legal doctrines as well as the Decision of the judicial review of the Constitutional Court Number: 25 / PUU-XIV / 2016 responsibility of governmental actions (bestuurshandeling), which comes from discretionary (Freies ermessen) containing elements of abuse of authority resulting state loss but there is no element of corruption such as gratifications, bribe, then it can be accounted for by the administrative sanctions under the Law of Government administration Article 20 (6) and Article 80 paragraph (1) Jo Article 81 paragraph (3) in a balanced and case by case. If there is an element of abuse of authority that resulted in state loss and there are elements of corruption such as gratifications, bribe, then accounted for under the criminal law, especially corruption.

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Abstrak.

In the modern context, the Traditional Medicine Knowledge (TMK) of Sasak community is a valuable economic asset considering its usage as a basic knowledge (milestone) in the modern medicine discovery. As a form of human intellectual ability, TMK is regulated under the IPRs-TRIPs regime, whereas TMK have prominent opposite characters with IPRs. This fact raises particular issues in terms of: the form of Sasak community’s TMK, regulation of its protection under the IPRs regime and the ideal legal institution to realize the protection. The majority of Sasak’s TMK are transmitted verbally, a fraction of it was written in babon (book of) tetamba/oat and lontar Usada. The IPRs-TRIPs regime only provides indirect regulation toward TMK, as contained in Patent and Plant Variety Protection Law. Ideally, there should be a local Law that particularly regulates protection on Sasak’s TMK in order to prevent misappropriation. Thus, there is a void of Law since there is no Sui Generis Law on the protection of TMK.

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Abstrak.

Law is an important component in a community. Development of society of course also be influential for the development of the law, thus the development of society would require a legal development that is in tune with the needs and development of the times. One of the components that play an important role in the development of the law is a legal researcher. The role of legal research in building the national legal system is very important to reveal the scientific data concerning aspects of philosophical, juridical, sociological, economic, and political, which can affect the development of the necessary legal Government of Indonesia as a development policy in the legal field. Researcher as implementers of development, especially in the field of law, in order to improve the effectiveness, efficiency, and optimize the necessary coordination at all levels both internal and external level ministry / agency. Researchers law, not only the need to coordinate with other researchers in the field of law only, but also need to coordinate with researchers in other fields as well as coordinate with other functional associated, in particular functional designer of law, because the creation of a legislation can not be monodicipliner done alone. The study, conducted by researchers aimed to formulate new legal norms that have been suggested by the study, and also formulate alternatives. The materials obtained from these studies can be used as input in the preparation of Academic Legislation of the bill to be drafted.

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Absrtak.

Military Court is the body that conduct the judicial power in the Indonesian Military Force (TNI) scope to enforce law and justice. The Military Court does not culminate and not supervised by the Indonesian Military Force headquarters, but culminates and is supervised by the Supreme Court of the Republic of Indonesia. The Philosophy of  the occurrence of dependence in the first military justice system, because of the interest of the military (TNI) which is associated with its principal task of TNI is to defend the national sovereignty, for that reason, by putting the role of commander of the unit (Ankum) as well as kepaperaan within the law enforcement system. The Head of the district court also covers Military Court in his jurisdiction because of it the Head of district court becomes the Head of Military Court. The Registrar is automatically also the Registrar of Military Court, Head of State Prosecutors assigned as military prosecutor. These circumstances affect objections which are seen as unfavorable for military or military units. The authority of the Court is no longer based on the rank of the defendant, the hierarchy of court proceedings such as judges, military Prosecutors, defense attorneys, no longer use the rank but wearing a toga. Development of organizational, administrative, financial of Military Courts is fully under the Supreme Court held consequently as stipulated in the law of judicial power.  The execution of criminal act by military prison, executed equally as prisoner without discriminating the person by his rank.

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Abstrak.

Implementation of good governance general establishment and application in the formation of good governance implementation in Indonesian National Army (TNI) Administration in the Central Office and Base Office (Mabes TNI), and also its roles in equipping the weakness, ambiguities and lack of ordinance as a law finding. Results of this study find and reveal the implementation of several principles, having formal in character, they are: prudent preparation principle, motivation and prohibition in procedural abuse, and matrial character are: law certainty, trust and expectation, prohibition on authority abuse and equality principles. The principles are applied due to its formation is in accordance with prevailed, developed and grown custom law in governance implementation practice, and also because it is according to the higher law norms and also the existing relationship between factual conditions with the incurred consequences. Thereinafter, the principles have very important roles in fulfilling the weakness and ambiguities and also the lackness of ordinance as law finding for the formation of good governance implementation in Indonesian National Army Administration.

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Abstrak.

National development and improving standards of living will be increasingly difficult to achieve if the level of corruption is high. Therefore, it is necessary seriousness in its eradication, either through criminal law as well as through the civil law against the perpetrators of corruption and to the heirs. For that we need strict laws governing asset recovery corruption of the perpetrators and their heirs as part of participating jointly responsible for restoring the proceeds of corruption to the state. The main problem in this dissertation research is about the law of return on assets How does the conception of corruption by the offender and his heirs? The method used in this research is normative juridical method using qualitative data analysis with content analysis techniques. Based on the results, it can be concluded: First, the laws of corruption in recovering assets from corruption cases at this time is not perfect because only put money substitute against corruption proceeds of crime from the perpetrator. Meanwhile, the civil law norms materilnya against the heirs of the perpetrators of corruption has not been set. Second, the existence of Article 33 and Article 34 of Law No. 31 of 1999 just a gate that the heirs of the perpetrators of corruption can be sued if the perpetrator as the heir of the heir died while either not return the results to the state of corruption. It is necessary to formulate norms for about an unlawful act which can be used as a legal basis to sue the heirs of the offender. Third, the legal concepts in asset recovery corruption perpetrators and the survivors of the Indonesian legal system should be directed to the improvement of legislation to prosecute not only the perpetrators but also heirs of the perpetrators of corruption.

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