The Construction Services Insurance Agreement has an important role in infrastructure development in Indonesia. It is considering that at present, the Indonesian government is very active in building infrastructure in various corners of the region in the framework of equitable economic stability. The guarantor, in this case, the insurance company provides guarantees in terms of planning up to maintenance. Or before construction up to post-development within a certain period. Insurance agreements made with a variety of considerations, including; protect national interests, avoid contractors who default or have bad intentions, geographical factors in an area, and so forth. But on the other hand, it also to protect the interests of contractors or construction service providers (the insured). For this research, the focus is on the accountability of construction service providers as consumers of insurance companies because construction service providers require insurance companies to transfer some of the risks while carrying out development projects. If in the course of the project an undesirable event occurs starting from the collapse of the building, damage to heavy equipment and so on, which fall within the scope of the object of the insurance agreement, the construction service provider can file a claim against the insurance company to compensate the loss suffered by the construction service provider. Thus it is necessary to analyze the legal relationships and procedures between construction service providers and insurance companies related to infrastructure development. In analyzing and answer the legal issues above, the research methods used are the statute approach (based on applicable laws). And the conceptual approach (based on legal concepts or theories from legal experts).

By 2012, the Indonesia government had validated Law Number 9 of 2017. One of the content is finance information government access to the customer bank and to the taxpayer. The government has considerations. First of all, Government will be open the access limitation of banking automatically that is necessary for taxation. The second, Indonesia has committed to international agreements of taxation which is obliged to fulfill the commitment. The commitment is to participate in implementing Automatic Exchange of Account Information (AEOI). Based on the policy, several managements and flow process around the banking area changed. Moreover as the customer bank are affected. The registration for the customer bank have been starting since 2018. By the earlier 2019, the progress of the administration needed to be checked and to be evaluated. This paper tries to discuss this issue based on the academic point of view. Data were obtained through library research. The library research was done by documentary study by collecting and analyzing selected laws and regulations, books, articles, journals and other documents which were relevant to the research. All datas were analyzed qualitavely. The implication of this research brings up a new idea about the theory of bank secrets. Initially, it is consisted of two theories, namely are absolute and relative. Despite of the two, there is a big affect in theory and academic knowledge about the validation of the agreement Indonesia government.

Protection of traditional culture and knowledge has been a concern in Indonesia. Efforts that have been made to legally protect Indonesian traditional expressions and knowledge usually involve intellectual property (IP) laws. However, the protection provided by IP laws may be inadequate for Indonesian traditional communities that care more about the survival and maintenance of their culture and knowledge than the legal exclusivity of their works. This study uses a normative legal approach with the perspective of hermeneutic circle to look at various studies and legal documents to find reasons why IP laws may not be entirely suitable for the Indonesian context and how an IP-based law can be designed to suit the actual needs of Indonesian traditional expression holders. The results obtained affirm that Indonesian traditional cultural expressions cannot be contained by laws that exclusively limit the usage of those expressions and thus a ‘sui generis’ law is needed to give a more appropriate protection.

The occurrence of CCN in the procedure of issuing natural resources licensing is partly caused by the weakness of supervision aspect. In fact, the purpose of supervision is basically intended to prevent the occurrence of CCN. This paper is intended to examine the legal issue of how the regulation of the authority of the government's internal supervisor (GISA) is in performing the supervisory function based on the prevailing provisions, and how GISA's authority relates to the supervisory function in the natural resource licensing governance to prevent and eradicate CCN. This is a normative juridical study analyzing the primary and secondary legal materials. The analysis is conducted by qualitative juridical. The result of the study shows that the authority of GISA in performing the function of general and technical supervision has been regulated in various regulations. However, related to appointment in position and responsibility mechanism of execution of task and function of GISA there is still a weakness, as it is done not in stages the results of performance are potentially not objective. The authority of GISA which specifically relates to supervisory functions in natural resource licensing has not explicitly been regulated in the existing regulations. However, GISA remains authorized to monitor the governance of natural resource licensing. Therefore, the issuance of all permit decisions including natural resource licensing is the implementation of government functions, while internal control in the administration of government functions belongs to GISA’s authority.

The cultural heritage of a region is the identity and richness of history for the region. Given the importance of the existence of cultural heritage in an area, the local government should pay special attention to the continuity of its existence. Through inventory, listing the cultural heritages, maintenance until its restoration must be done properly and continuously. This is not only the responsibility of the local government, but it is the responsibility of all parties including the local community. But in practice, local government or society are less concerned about the existence of cultural heritage in the area. This research focuses on cultural heritage buildings in Surabaya because this city is one of the cities in Indonesia which has many buildings of cultural heritage with various conditions. Local governments need to act quickly and effectively to solve the problem, so the solution can be done by including third parties such as insurance companies engaged in the insurance of losses, which can help to cover some form of damage that occurred in the building of the reserve culture in Surabaya. From the problems mentioned above, the research method used is statute approach and conceptual approach.

Penegakan hukum administrasi (handhaving van het bestuurs-recht) merupakan bagian dari Bestuuren. Article lengkap klik disini

Agreement in Arabic termed Mu'ahadah Ittfa, or Contract. In the language of Indonesia known by contract, agreement or approval meaning is an act where one or more bind itself against someone else or more. Equivalent of the word Agreement in Arabic is aqad. In terms of jurisprudence in general contract means something into someone's determination to carry out, both emerging from one party such as endowments, divorce, and the oath, as well as emerging from the two parties such as sale and purchase, rent, wakalah and pawn. On the basis of Islamic banking environment there are ikhiyati where this principle should be applied on the mudharabah financing contract. Basic Ikhtiyati/prudence had the meaning that each contract is done with careful consideration and implemented appropriately and carefully. The implementation of the principle of mudharabah financing contract on ikhtiyati requires the analysis of pembiyaan before the financing approved by the syariah bank, if the customer (mudharib) violate these restrictions, then the mudharib should be responsible in case of loss.

Assurance is an important element in financial planning, but because of the low public awareness and myths that circulate in society around the insurance makes people reluctant to buy insurance products. Insurance is also known only for the upper middle class. On the other hand the realization of a prosperous society, one of which is assessed from the level of good public health. For that the government issued a compulsory social insurance in which the entire community on the mandate of the law shall be a participant of the program. Since 2011, the government has issued a regulation related to the National Social Security System and implemented through Badan Penyelenggara Jaminan Sosial (BPJS) in 2014. However, in the event it was due to political dynamics, the government under Jokowi leadership reissued Kartu Indonesia Sehat (KIS) A presidential regulation that functions the same as the existence of BPJS. This is what needs to be studied more deeply, because it is feared there will be overlapping roles and functions between BPJS and KIS them.

The law of The National Land embrace the horizontale scheiding. The horizontale scheiding declare that buildings and plants are not part of the land, it results that ownership of land will not automatically include ownership of the buildings and plants above. And it also means that a legal act against a land will not involve a legal act against the buildings and plants. The existence of the horizontale scheiding could be used to deceives any parties. Then the criteria of horizontale scheiding towards land and/or building’s tenure is necessary to be ascertained before giving legal protection to the parties since both of The Law of the National Land and Burgerlijk Wetboek haven’t give a clear explanation about it. Control of land and buildings in the Burgerlijk Wetbook (BW) adheres to the principle of attachment or which is also referred to as the principle of natrekking / accessie principle. In this principle, the buildings and plants that exist on the ground constitute a unity, more details, buildings and plants are part of the land concerned. Land tenure by itself will also include control over existing buildings and plants and legal acts of land by itself will also include existing buildings and plants.

This article aimed to criticize the juridical basis of scope of crime mentioned on Law Number 37 of 2004, focuses on criminal responsibility of a curator based on independence principle of bankruptcy law. Essentially, bankruptcy is a part of civil law. However, some bankruptcy cases eventually evolve into criminal matters when a bankruptcy curator who is responsible in handling and administering bankruptcy case is positioned as defendant charged for conducting criminal acts. As stated on Article 234 Verse 2 of Law Number 37 of 2004, a curator who is proven not independent during bankruptcy court may be charged with criminal law. Criminal sanctions for non-independent curators aimed at preventing the curator from committing criminal acts in the course of the execution of the duty and maintenance tasks. Here, the role of criminal law is as a guardian of the norms that exist in the Law on Bankruptcy related to the duties and responsibilities of the curator. In order for a curator or committee before declaring his willingness to accept the duties and responsibilities of the consequences of the bankruptcy verdict or the postponement of the debt obligation obligation (PKPU) really ensure that he will not commit a disgraceful act of.