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INDONESIA
Tadulako Law Review
Published by Universitas Tadulako
ISSN : 25272977     EISSN : 25272985     DOI : -
Core Subject : Social,
Arjuna Subject : -
Articles 56 Documents
REALIZING THE LEGAL CERTAINTY OF CALCULATING FINES BUSINESS COMPETITION LAW Disemadi, Hari Sutra; Roisah, Kholis; Prananingtyas, Paramita
Tadulako Law Review Vol 4, No 2 (2019)
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Abstract

The Business Competition Supervisory Commission (KPPU) by the Business Competition Law (Law Number 5 Year 1999) has been given the authority to impose sanctions in the form of administrative measures, namely the imposition of administrative fines. The amount is very clearly regulated in the Business Competition Law, which is the lower limit and the upper limit. In fact, prior to the implementation of guidelines for calculating fines, many KPPU?s decisions deviated from the amount of sanctions that have been regulated in the Business Competition Law. Therefore, that will raise questions about the quality of the KPPU?s decision. Even worse, if the public or business actors no longer trust KPPU, because KPPU acts unfairly against other business actors. Not fair, by looking at the disparity in determining the amount of fines imposed. To minimize the foregoing, the issuance of guidelines for calculating fines is expected to overcome the disparity problem in imposing fines on the Reported Party. The issuance of this guideline does not in fact intend to limit the space and independence of the KPPU but will instead assist the KPPU?s tasks.
HIGH CONSERVATION VALUE (HCV) CONSIDERATION IN THE EXTRICATION OF FOREST AREA FOR PALM PLANTATION Muhdar, Muhamad; Retno S., Haris; Sopialena, Sopialena
Tadulako Law Review Vol 4, No 2 (2019)
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Abstract

Planting activities are undergoing in the area of former forest with mechanism of extrication of forest area or non-forest area that commonly has high conservation value or known as High Conservation Value (HCV). However, the extrication of forest area for Palm Plantation has eroded the presence of forest with HCV disrupting ecosystem balance and harming the wellbeing of current and next generations. Legal system does not specifically regulate the limit of application for the use of forest area for palm plantation through the mechanism of forest extrication. Legal provisions at the national and regional levels encounter a difficulty accommodating the existence of area with HCV, especially in terms of regional spatial plans. Moreover, the obscurity of forest distribution and non-forestry areas with HCV also complicates the regulation at the level of imperative provisions.
PROTECTION OF TEACHER PROFESSION ENCOUNTERED WITH THE RULE OF CRIMINAL LAW ON CHILD PROTECTION Yanto, Oksidelfa; Iqbal, Muhamad
Tadulako Law Review Vol 4, No 2 (2019)
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Abstract

The purpose of this research is in order to know the legal protection to the profession of teacher who perform disciplinary punishment of learners during the teaching and learning process. In addition, this is also to know the legal protection against learners from acts of violence that occurred in the educational environment. The method applied is a normative legal research method that focuses on legal norms and some research results relevant to the existing problems. The result of research showed in the disciplinary effort for the students there is a pattern of relationship between teachers with learners. The relationship is sometimes confronted with child protection regulations that confront the teacher on existing legal processes, although the teaching profession in carrying out its educational activities is protected by law. The conclusion of this research is the enforcement of discipline by teachers to learners often does not mean anything when encountered with other regulations, namely law of child protection. It certainly raises concerns for educator professions in their efforts to enforce disciplinary rules when encountered with the context of learners who cannot be directed by way of advice. 
THE PAROLE AND PURPOSES OF SENTENCING Balqis, Wizna Gania
Tadulako Law Review Vol 4, No 2 (2019)
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Abstract

The policy of determination of parole has strong relevance to the correctional idea as correctional idea is one model of purposes of sentencing that was initiated in order to achieve the goal of modern criminal punishment, which is to improve the convict (resocialization). Parole, in addition to a way of implementing imprisonment, as well as a form of coaching outside of prison inmates, who have the same purposes with the correctional idea philosophy. As a form of coaching outside of prison inmates, parole can be viewed as a subsystem of correctional system, and it will positively contribute to the achievement of correctional goals, which is to educate and guide inmates in order to return to live as responsible citizens as well as for themself, family and society.
ARRANGEMENT OF REGIONAL REGULATION CONTENT MATERIAL AS THE NATIONAL LEGAL SUB-SYSTEM M. Isa, Jalaluddin
Tadulako Law Review Vol 4, No 2 (2019)
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Abstract

Arrangement of the content material of regional regulation as part of the legislations sub-system adjustment in Indonesia must be directed in tone with the direction of national law development. In accordance with the National Long-Term Development Plan (RPJPN, 2005-2025), the development of national law is directed at the realization of a solid national legal system based on the Pancasila and the 1945 Constitution of the Republic of Indonesia which includes the development of legal material, legal structures, legal culture legal apparatus, legal facilities and infrastructure that can guarantee order, legal certainty, justice, truth and protection of human rights.The discussion in this article aims to raise a number of important relevant issues to be used as material for evaluation in structuring the content of the regional regulations as a sub-system of national law.The research method used in this study is legal research using a legislative approach and a conceptual approach.It is concluded that the regulation of the content material of the regional regulation as a sub-system of national law is not only placed in the legal sense as a mere system of order, thus creating a relationship of tension between the central government and the regional government, it but must be placed in a legal sense as a fluid relationship so that the determination of the content of the regional regulation is also fluid, for the good of the community and the government as a whole.
TRADE WAR BETWEEN UNITED STATE OF AMERICA AND CHINA REVIEWED FROM THE RETALIATION PRINCIPLE Savira, Gina Nafsah; Latifah, Emmy
Tadulako Law Review Vol 4, No 2 (2019)
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Abstract

This paper aims to examine how the principle of retaliation in the case of a trade war between the United States and China is now happening. The General Agreement on Tariff and Trade (GATT) in the World Trade Organization (WTO) has regulated acts of retaliation in the context of international trade. Even though there are different conceptions of retaliation in the two international legal frameworks, they both recognize the retaliation action. The results of the study shows that the economic policies carried out by the United States are called trade remedies in the form of protestionism which aimed to minimize the negative impact of imports on domestic products. Furthermore, actions taken by China are one example of the remedial actions in the form of retaliation. WTO has a remedy mechanism which is divided into three types, namely: (a) the plaintiff withdraws or changes actions that are not in accordance with the WTO; (b) compensation; and (c) delaying concessions or commonly called retaliation.
INVESTOR LEGAL PROTECTION IN THE INDONESIAN INDUSTRIAL 4.0 Wahyudi, Wahyudi
Tadulako Law Review Vol 4, No 2 (2019)
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Abstract

Industry 4.0 its a combination of automation technology and cyber technology that is inevitable especially for the advancement of industry in Indonesia. The hospitality of foreign investment is very necessary for investors to invest in Indonesia, especially the existence of legal protection for security of investments in the framework of industrial development 4.0. The form of legal protection provided by the Government of Indonesia is with various kinds of regulations that support foreign investment, one of which is Constitution Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution, Constitution Number 25 of 2007 concerning Investment and Comunication Ministerial Regulations No 20 of 2016 concerning Protection of Personal Data and the existence of a Personal Data Protection legislation.
THE OVERCOMING OF ILLEGAL LOGGING IN CENTRAL SULAWESI Salam, Johnny
Tadulako Law Review Vol 1, No 1 (2016)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22487/j25272985.2016.v1.i1.6271

Abstract

Abstract This study aimed to understand the effectiveness of crime prevention and illegal logging in Central Sulawesi , and factors - factors affecting the crime prevention efforts of illegal logging in the area is , as well as how participation and cultural differences community crime prevention efforts against illegal logging in Central Sulawesi . The singer research approach using socio- legal research methods . Results Singer discovered Implementation crime prevention of illegal logging in the region of Central Sulawesi province , as far as Singer Not Operate Effectively Walk ; As well as optimal NOT illegal logging crime prevention efforts in the region of Central Sulawesi province , at least influenced by three factors ; ( 1 ) low capacity of Human Resources , ( 2 ) There has been used to support the inadequacy of the law enforcement process . ( 3 ) the low level of awareness of the law society. Alpha Keywords: Overcoming,  Illegal Loggin, Central Sulawesi
PROTECTION ON CULTURAL EXPRESSION AS A COPYRIGHTS OF THE KAKULA TRADITIONAL MUSIC Korompot, Ratu Ratna; Miqat, Nurul
Tadulako Law Review Vol 1, No 2 (2016)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22487/j25272985.2016.v1.i2.7133

Abstract

Legal instruments that can be used to protect music Kakula as traditional cultural heritage namely Intellectual Property Rights, in this case the rules relating to Copyright can be used as a basis for the protection of traditional musical art music Kakula. Copyright law provisions can be used as a basis for protecting cultural works are included in the scope of knowledge of art and literature. Kakula is a traditional musical instrument which is the traditional cultural heritage which is always used at events such as marriage ritual, the coronation of noble titles or formal occasions regions. The approach method in use is normative and normative anthropology, which takes secondary data and primary data through interviews with the parties relating to the cultural resources in the city of Palu, Donggala, and Sigi. As a result of the research after proposed in 2015, in 2016 coincided Kakula has been proposed to register as one of the Objects of Folklore.
AXIOLOGY ARBITRATION VALUE RULING IN THE CASE SETTLEMENT TRADE (Case Study Decision Of Supreme Court Number : 199 K / Pdt.Sus / 2012) Salam, Safrin
Tadulako Law Review Vol 1, No 2 (2016)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22487/j25272985.2016.v1.i2.7507

Abstract

The existence of the Indonesian National Arbitration Board (BANI) in Indonesia that still exist to this day is one manifestation of diakomodasinya patterns of dispute resolution outside the court. Legal Considerations Application Reasons Cancellation Arbitral Article 70 of Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution in Supreme Court Decision No. 199 K / Pdt.Sus / 2012 Relation Ensure Legal Certainty In the disputing parties are legal considerations of the cancellation decision was not all acceptance or rejection of the cancellation request arbitration decision based on legal grounds contained in Article 70 of Law No. 30 of 1999. Act No. 30 of 1999 on the ADR needs to be improved, especially the explanation of article 60 and article 70 which could lead to legal uncertainty for justice seekers among businesses in the dispute and the opportunity loss of trust businesses to resolve the dispute out of court through arbitration institution (the Arbitration Tribunal Ad-Hoc, BANI, etc.)