LAW JOURNAL

Defending the Direct Gubernatorial Election in Indonesia

2011-05-09T02:12:00.000-07:00

DEFENDING THE DIRECT GUBERNATORIAL ELECTION IN INDONESIA * Pan Mohamad FaizThe political reformation in 1998 has significantly transformed the democratization atmosphere in Indonesia through amendment of the 1945 Constitution. One of its fundamental changes is related to the electoral mechanism on regional leaders for Governors, Regents and Mayors. We used to have indirect election where the

Breaking News: Indonesia Wins the International Humanitarian Law Moot Competition

2009-03-12T05:02:00.000-07:00

INDONESIA WINS THE INTERNATIONAL HUMANITARIAN LAWMOOT COMPETTION In exciting news from Hong Kong, Indonesia has won the 7th Red Cross International Humanitarian Law (IHL) Moot competition for the Asia-Pacific region. Indonesia was represented by the University of Indonesia (Katrina Marcellina, Tracy Tania, and Aloysius Selwas Taborat) and coached by Hersapata Mulyono, SH. The University of

Blogger Indonesia of the Week (87): PMF

2008-11-07T13:59:00.000-08:00

BLOGGER INDONESIA OF THE WEEK (87)Beberapa waktu yang lalu saya menerima pesan elektronik mengenai hasil review dari salah satu “Bapak Blogger” Indonesia, A. Fatih Syuhud, terhadap Blawg saya yang berbahasa Inggris. Dalam tulisan singkatnya menyimpulkan bahwa saya berhak menyandang masuk dalam daftar lanjutan Blogger of the Week yang ke-87. Saya sendiri tidak dapat berkomentar banyak terhadap

commemorating the 80th Years of "Indonesian Youth Pledge 1928".

2008-11-01T04:16:00.000-07:00

Note: My post today will be written in Bahasa (Indonesian language) to respect and commemorate the 80th Year of "Indonesian Youth Pledge 1928". If you want to know the meaning of my post, please learn Bahasa Indonesia. I'm sure you will not regret to learn it. :) Quote of the Day:“Memilih satu momentum yang tepat adalah pula satu keharusan, sebab kalau tidak maka segala-galanya akan menjadi

Happy Eid ul-Fitr 1429 H

2008-10-04T04:40:00.000-07:00

Assalamualaikum Wr. Wb.Dear my Blawgger Colleagues,The holy and graceful Ramadan has past.On this special occasion I would like to wish you and your family:"Taqabbalallahu minna wa minkum, shiyamana wa shiyamakum. Kullu 'amin wa antum bi khoir"Happy Eid ul-Fitr 1429 HPlease forgive my intentional or intuitively mistakes in the past andmay God always bless us. Amen.Wassalamualaikum Wr. Wb.===Pan

Guarding the 20% Education Budget in Indonesia

2008-09-23T22:09:00.000-07:00

IMPLEMENTATION OF 20% EDUCATION BUGDET POST 4th CONSTITUTIONAL COURT'S VERDICTPan Mohamad Faiz, Jakarta Fresh air blows into education sector in Indonesia after the President SBY gave his State Address and the Government Statement on the 2009 Bill on the State Budget before the members of Parliament last month. His address brought strong and sunny signal that the Government is going to increase

Capital Punishment in Indonesia

2008-07-28T09:48:00.000-07:00

KEEP THE DEATH SENTENCEAhmad Qisa'i and Pan Mohamad Faiz, Jakarta and New Delhi This article was published at the Jakarta Post on Wed, 08/06/2008 In the past week, debate over the pros and cons of using capital punishment in Indonesia has made the news on several TV stations, pitching two opposing camps against each other. The execution

Human Rights Protection and Constitutional Review in Indonesia

2008-04-09T04:14:00.000-07:00

HUMAN RIGHTS PROTECTION AND CONSTITUTIONAL REVIEW IN INDONESIA: A Basic Foundation of Sustainable Development in IndonesiaPan Mohamad Faiz *Faculty of Law, University of DelhiChhatra Marg, New Delhi - INDIAEmail: pan.mohamad.faiz@gmail.comWebsite: http://www.panmohamadfaiz.com/Abstract:Many people strongly believe that rising the challenge of sustainable development can help the country go

Constitution and Sustainable Development (2)

2008-02-18T01:30:00.000-08:00

CONSTITUTIONAL APPROACH TO DEVELOPMENTPan Mohamad Faiz, New DelhiNote: Published version in The Jakarta Post (18/02/2008) According to the Human Development Report 2007, launched by the United Nation Development Program, the Human Development Index (HDI) for Indonesia is 0.728, giving the country a ranking of 107th out of 177 countries, and 7th among the Southeast Asian countries.The most

The Winner of National Round Moot Court Competition in Indonesia

2008-02-12T23:53:00.001-08:00

INDONESIAN LAW STUDENTS ARE GOING TO BEAT THEIR CONTENDERS IN WASHINGTON D.C. Law students of the University of Indonesia (UI) and Parahyangan University will represent Indonesia in an international court competition in March in the United States.They were the winning teams of a three-day national round moot court contest after eliminating other law undergraduates in the 2008 Phillip C. Jessup

Human Rights Protection

2008-01-21T22:58:00.000-08:00

HUMAN RIGHT PROTECTION AS BASIC FOUNDATION OF SUSTAINABLE DEVELOPMENT IN INDONESIAPan Mohamad Faiz Faculty of Law, University of DelhiSchool of Social Science, IGNOU, New DelhiAccording to the Human Development Report 2007 launched by the United Nation Development Programme, The Human Development Index for Indonesia is 0.728 which gives the country a rank of 107th out of 177 countries. It is

Bonded Labour

2008-01-11T11:06:00.000-08:00

LAW AND THE LIBERATION OF BONDED LABOUR IN INDIAI. IntroductionBonded labour is widely prevalent in many regions in India. The main feature of the system is that the debtor pledges his person or that a member of his family for a loan and is released on the repayment of the debt.Bonded labour is referred to by different names in different regions. The Elayaperumal Committee mentions the following:

Dowry and Bride Price

2008-01-06T10:44:00.000-08:00

DOWRY AND BRIDE PRICE IN INDIA: A Socio-Legal Perspective A. IntroductionProblem related to dowry have come to the attention of Indian social workers from 1960’s onwards. Dowry induced violence may be physical or mental, overt or covert. Dowry has been referred to as a social cancer, a cruel custom and an insult to the dignity of women. It has been crystallized in Indian society and, despite

Non-State Law

2008-01-04T08:17:00.000-08:00

THE ROLE OF NON-STATE LAW IN INDIA I. IntroductionB.S. Cohn (1959) maintains rightly that the way a people settles disputes is part of its social structure and value system. The indigenous and the ‘official’ legal systems differ rather drastically on both these aspects.Indian villages are ‘multiplex’ societies; and the ‘network of relationships’ thus involved cannot be summarily cut by a decision

Law and Society

2008-01-02T08:45:00.000-08:00

LAW AS A MEANS OF SOCIAL CHANGE I. INTRODUCTIONLaw is rooted in social institutions, in socio-economic network. These social factors influence the course of law or the direction of legal change. This is the outcome of personal and social interactions which are variable and often unpredictable. At the same time, law may itself change social norms in various ways.For example, in free India, legal

Public Interest Litigation

2007-12-28T22:32:00.000-08:00

TAKING THE EXPERIENCE FROM PUBLIC INTEREST LITIGATION IN INDIA A. IntroductionSuch is the disillusionment with the state formal legal system that it is no longer demanded by law to do justice, if justice perchance is done, we congratulate ourselves for being fortune.In judicial circumstances one of the best things that have happened in the country of India recent years is the process reform

Capital Punishment in India

2007-12-15T03:56:00.000-08:00

STATISTICS PERTAINING TO CAPITAL PUNISHMENT IN INDIA According to the “Law Z”, the statistic of capital punishment in India is increasing. Year 1975 and 1991, about 40 people were executed. Year 1995-2004 when there were no executions. Anti-death penalty activist dispute those figures, claiming much higher numbers on Death Row and actual executions.In August 2004, a 41-year old former security

A Letter from Reader on Rawls's Concepts

2007-11-25T00:38:00.000-08:00

JUST SAVING PRINCIPLE: A Moral Obligation for the Ensuing Generations Two days back I received an email from one of Law Journal’s readers, Mr. James Louviere. He commented my post on Rawls’s concept and his rivals.His comment, however, gives me another progressive side about Rawls’s conceptions that I haven’t mentioned it before. After getting his permission I would like to share his thought to

Legal Research: Domestic Violence Act

2007-11-24T02:37:00.000-08:00

PROTECTION OF WOMENWITH SPECIAL EMPHASIS ON DOMESTIC VIOLENCE ACT:A Comparative Analysis between India and Indonesia Domestic violence has been on the global agenda for several decades. The evidence suggests that domestic violence disproportionately affects women as victims.[1] The World Health Organization, in its first World Report on Violence and Health in 2002, revealed that between 40

Indonesia, Constitution and Holy Book

2007-11-01T02:32:00.000-07:00

CONSTITUTION OR HOLY BOOK? By: Pan Mohamad Faiz, New DelhiThis article was published on the Jakarta Post (01/11/07)One of the important developments in our constitutional structure was the establishment of the Constitutional Court as a response to the demand for a strengthening of the checks and balances in the system of state administration.The improvement in the constitutional situation post

Indonesian Youth Pledge

2007-10-26T22:25:00.000-07:00

CONTEMPORARY YOUTH MOVEMENT AND ITS CHALLENGESbyPan Mohamad Faiz (New Delhi) andHaghia Sophia Lubis (Boston) On October 28, 1928, Indonesian youth nationalists from all over the country proclaimed a historic Youth Pledge, known as “Sumpah Pemuda”, for a unity of homeland, nation and language. This pledge helped Indonesia’s unification in Indonesia’s struggle for Independence. Ever since then, the

Unreasonableness and Wednesbury Principle

2007-10-22T10:59:00.000-07:00

UNREASONABLE EXERCISE OF DISCRETION OR VIOLATION OF WEDNESBURY PRINCIPLE A. Discretion Limited by LawIt used to be thought to be classical constitutional doctrine that wide discretionary power was incompatible with the rule of law. But this dogma cannot be taken seriously today, and indeed it never contained much truth. What the rule of law demands is not that wide discretionary power should be

Constitutional Review and Freedom of Religion

2007-10-11T13:07:00.000-07:00

PROTECTING FREEDOM OF RELIGION IN INDONESIATHROUGH CONSTITUTIONAL REVIEWPan Mohamad Faiz, New Delhi, India*The history and development of constitutional practice in Indonesia within 62 years never asides from process of trial and error. It is conducted to create more democratic living society with a high respect on human right values.One of the important developments in our constitutional

Happy Eid ul-Fitr 1428 H

2007-10-11T01:56:00.000-07:00

Assalamualaikum Wr. Wb.Our holy friend and visitor Ramadan is packing his bags up now and doing farewell aforetimeInsya Allah it is being a wonderful and successful Ramadan again for allOn this special occasion I would like to wish you and your familyTaqabbalallahu minna wa minkum, shiyamana wa shiyamakum,Kullu 'amin wa antum bi khoirHappy Eid ul-Fitr 1428 HMinal aidin wal faidzinPlease accept my

Legal Term (2)

2007-10-10T12:41:00.000-07:00

LEGAL TERM LEX INTENDIT VICINUM VICINI FACTA SCIRE“The law intends (or presumes) that one neighbour knows what another neigbour does” AFFIRMATI, NON NEGANTI ICUMBIT PROBATIO“The proof lies upon him who affirms, not on him who denies”COMMUNE VINCULUM“In old English law, a common or mutual bond” CAPITE MINUTUS“In the civil law, one who had suffered capitis diminution, one who lost status or legal

Theories of Justice (2)

2007-09-24T11:01:00.000-07:00

THEORIES OF JUSTICE: An Introduction Theories of Justice seek to find what society seeks to do in relation to individuals and groups of men whose conduct it governs. Philosophers sought to make society better or possibly worse when they champion the cause of some dominant groups) by attempting to identify these criteria to guide us as to how rewards and freedoms shall be distributed in a

Reception of Law

2007-09-24T03:56:00.000-07:00

THE PROBLEM OF RECEPTION OR IMPOSITION OF LAWA. CONCEPTION1. Notion and ReasonsReception means transplantation of one type of law onto another. The basic condition of reception is that one law should penetrate another law on a wider legal area. There are several main reasons for the reception of law, namely:The basic reason for reception may be the “exhaustion” of the adaptional energies of the

Judicial Review on Administrative Action

2007-09-20T12:13:00.000-07:00

GENERAL PRINCIPLE OF JUDICIAL REVIEW ON ADMINISTRATIVE ACTION IN INDIAN LEGAL SYSTEMThe doctrine of judicial review has been originated and developed by the American Supreme Court, although there is no express provision in the American Constitution for the judicial review. In Marbury v. Madison,[1] the Supreme Court made it clear that it had the power of judicial review. Chief Justice George

Basic Needs

2007-08-30T00:07:00.001-07:00

BASIC NEEDS AND ITS LEGAL ADMINISTRATION I. CONCEPTIONA. Definition and TypeBasically, basic needs mean the elementary conditions of existence for every human being. Basic necessity must mean the irreducible minimum prerequisite for a human being. Broadly it means that it is indispensable for lying human life within a society as an equal at last principleFrom the “Homoestatic” concept, we can

Legal Term (1)

2007-08-22T12:32:00.000-07:00

LEGAL TERM QUAE COMMUNI LEGI DEROGAT STRICTE INTERPRETANTUR"Statues that derogate from the common law are to be strictly construed." IN MAXIMA POTENTIA MINIMA LICENTIA"In the greatest power there is the least freedom."JUS LEGITIMUM"A legal right in civil law or a right which was enforceable in the ordinary course of law."

Law, Religion and State

2007-08-21T03:28:00.000-07:00

INTER-RELATIONSHIP BETWEEN STATE AND RELIGION IN INDIA I. BASIC CONCEPTIONA. Secular StateSecular state is the state which guarantees the individual and corporate frame of religion. It deals with the individual as a citizen irrespective of his or her religion. It is also not constitutionally connected with any particular religion nor does it seek to promote interfere with religion.It will be seen

Equality and Gender Bias

2007-08-05T05:17:00.000-07:00

EQUALITY AND GENDER JUSTICE:Legal Analysis on Indian Legal System A. Patriarchy1. DefinitionThe word “Patriarchy” literally means the rule of father or the ‘patriarch’ and originally it was used to describe specific type of ‘male-dominant’ family. Recently, it is used more generally to refer to the dominant of male and to the power relationship by women is kept subordinate in number of

Liberty and Its Conceptions

2007-08-05T02:46:00.000-07:00

LIBERTY AS A SOCIETAL VALUEA. IntroductionLiberty is usually defined as the obscene of coercion or constraint in the full existence of choice and activity. According to Mainland, Liberty is the absence of external restraints of human action which are themselves result of human action.Liberty is a value in itself. It is a primary attribute of human life because it is only through provision of

Summer Course on Indonesian Law

2007-06-06T10:11:00.000-07:00

SUMMER COURSE INDONESIAN LAW AND LEGAL INSTITUTIONS OverviewFaculty of Law Universitas Indonesia offers Summer Course in Indonesian Law and Legal Institution as a response to the wide interest in Indonesian legal system. The course is design by combining academic and practical know ledges.The Course aims to present the basic knowledge in Indonesia legal system to those who want to know more on

Death Penalty in Indonesia (2)

2007-05-02T07:17:00.000-07:00

THE CONSTITUTIONAL DEBATE ON DEATH PENALTY By Mohamad Mova Al ‘Afghani (Bremen) and and Pan Mohamad Faiz (Delhi)(This article published at Jakarta Post on May 4th, 2007Capital punishment debate resurfaces when a group of death row inmates lodged a judicial review to the Constitutional Court against death penalty articles under the 1997 Narcotics Law, used by the criminal court to sentence them.

Law Student of University of Indonesia

2007-04-18T03:11:00.000-07:00

FACULTY OF LAW, UNIVERSITY OF INDONESIAWINS INT’L PSEUDO-TRIAL COMPETITION Hanna Azkiya, a female law student from University of Indonesia (UI) law student, one of my junior colleagues, won the internationally prestigious Philip C. Jessup Moot Court Pseudo-Trial Competition in the United States beating more than 200 participants from 95 universities of other countries, an official said.Hanna beat

Death Penalty in Indonesia

2007-04-15T10:20:00.000-07:00

CONSTITUTIONALITY OF DEATH PENALTYIN INDONESIAN NARCOTICS ACT1945 Constitution is the supreme law of the State. It is an agreement of all Indonesian people wherein every law and rules under the Constitution can not contrary the substances of Constitution itself. Constitutional interpretation is not an easy thing because it is not only strict to what grammatically stated.Constitutionality of Death

Death Penalty in India

2007-04-03T03:35:00.000-07:00

CONSTITUTIONALITY OF DEATH PENALTY IN INDIA Imposing of death sentence is one thing that always gets more attention to be discussed, including from the view of constitutional validity in each countries. A serious discussion regarding to death sentence in Indonesia, whether it should be continued or abolished, has come up before the Court after some applicant applied a petition to Indonesian

Comparative Law (2)

2007-03-20T01:16:00.000-07:00

CLASSIFICATION AND VALUES OF COMPARATIVE LAW Comparative law, as it is understood today is definitely a modern character. But there is no doubt about the fact that even in very ancient time there was a tendency to look into the laws of other countries. At the same time where are ample examples to prove the fact that many legal systems of the world did not encourage study of foreign laws. The

Comparative Law (1)

2007-03-19T11:36:00.000-07:00

NATURE AND DEFINITION OF COMPARATIVE LAWA. Meaning of Comparative LawComparison is an important source of knowledge and understanding. It is said to be a technique, a discipline, an implementation and a method by which the values of human life, relations and activities are known and evaluated.The importance of comparison has received recognition in all quarters and by everybody in the field of

Universal Human Rights

2007-02-27T02:00:00.000-08:00

UNIVERSAL PROTECTION AND IMPLEMENTATION OF HUMAN RIGHTS* Pan Mohamad Faiz A. Universal Protection of Human Right Broadly speaking human right may be regarded as those fundamental and inalienable rights which are essential for life as human being. Human rights are the rights which are possessed by very human being, irrespective of his or her nationality, race, religion, sex, etc., simply because

United Nation Charter

2007-02-20T00:55:00.000-08:00

AMENDMENT AND REFORM OF THE U.N. CHARTER Procedure for AmendmentArticle 108 provides that amendments to the present Charter shall come into force for all Members of the United Nations when they have been adopted by a vote of two-thirds of the members of the General Assembly and ratified in accordance with their respective constitutional process by two-thirds of the Members of the U.N., including

Use of Force and Self-Defence

2007-02-19T08:44:00.000-08:00

AN OVERVIEW OF USE OF FORCE, SELF-DEFENCE AND HUMAN INTERVENTION A. Use of Force Article 2(3) of the U.N Charter requires all member states “to settle their international disputes by peaceful means in such a manner that international peace and security, and justice are not endangered.” While Article 2(4) specifically refers to the threat or use of force “against the territorial integrity or

Fair Dealing and Fair Use on Copyright Law

2007-02-08T11:09:00.000-08:00

LEGAL CONCEPT OF FAIR DEALING IN SELECTED COUNTRIES:A Comparative Study under Copyright Law of India, United Kingdom,United States, Australia and Germany Author: Pan Mohamad FaizSubject: Intellectual Property Rights and CopyrightTime: January 2007The general purpose of intellectual property protection, and more specifically, copyright protection, is to provide authors with incentives to create,

John Rawls's Theory of Justice

2007-01-30T18:41:00.000-08:00

JOHN RAWLS’ LIBERAL-EGALITARIAN PRINCIPLES OF SOCIAL JUSTICE A. INTRODUCTIONJustice is of central importance in political practice and theory. In defending or opposing laws, public policies and administrative decisions of governments, appeals are made to notions of justice. Justice is also invoked in social and political movements, civil disobedience and satyagraha campaigns. Thus, the civil

Constitutional Rights of Children

2007-01-21T12:26:00.000-08:00

Constitutional Rights of Children: A Comparative and Critically Study under the Constitution of India and Indonesia Author: Pan Mohamad FaizSubject: Constitutional Law, Human RightsTime: December 2006 “Human Rights begin with Children’s Rights” The role that children play in society is becoming increasingly more important. Their proper development is essential to the future functioning of the

Indonesian Parliament vs. Indonesian Constitutional Court

2007-01-16T14:16:00.000-08:00

The Ninth Schedule of India: An Alternative Solution for Indonesian Constitutional Balances?The Ninth Schedule is a Constitutional provision of India which was drafted by the Nehru Government in 1952 granting Parliament the power to insulate any law from judicial review. The provision came into sharp focus as the political class tended to use it for all kinds of things.According to this

The 4th Asian Law Institute (ASLI) Conference: Call for Papers

2007-01-09T23:14:00.000-08:00

THE 4th ASIAN LAW INSTITUTE (ASLI) CONFERENCE“Voices from Asia for a Just and Equitable World” Thursday and Friday, 24 and 25 May 2007A Word of Welcome Warm greetings from the Asian Law Institute (ASLI) and the Faculty of Law, University of Indonesia (Fakultas Hukum Universitas Indonesia, FHUI). We are happy to inform you that ASLI and FHUI are organizing ASLI’s annual conference in Indonesia, on

Child Labour in Indonesia

2006-12-26T10:51:00.000-08:00

PROTECTION FOR CHILD LABOUR IN INDONESIABASED ON ILO CONVENTION NO. 182/1999A. PrefaceChild Labour’s Issues has seized world’s attention since few decades ago. International Labour Organization (“ILO”) as an international organizations concern on labour issues has issued a number of convention and recommendation related with rights and protection for child labour.Child labour has a different

European Convention of Human Rights

2006-12-13T11:36:00.000-08:00

IMPLEMENTATION OF EUROPEAN CONVENTION, 1950IntroductionThe European Commission for Protection of Human Rights and Fundamental Freedoms (hereinafter referred as “ECHR”) was signed at Rome on November, 1950. It entered into force in September, 1953. There are 22 parties to it. Eleven Protocols to European Convention have also been signed, either, adding the rights recognized in convention or

Legal Research: Analysis on the Role of Security Council

2006-12-12T04:57:00.000-08:00

ANALYSIS ON THE ROLE OF SECURITY COUNCILIN MAINTENANCE OF INTERNATIONAL PEACE AND SECURITYAuthor: Pan Mohamad FaizSubject: International Organisation, Law and HumanitarianTime: December 2006ABSTRACT The Security Council of the United Nations has primary responsibility under the UN Charter for the maintenance of international peace and security. During the first forty-five years of its existence,

Legal Research: Legal Perspective on Educational Neglect

2006-12-06T23:23:00.000-08:00

EDUCATIONAL NEGLECT:Legal Perspective on the Right to Education Author: Pan Mohamad FaizSubject: Human Right, Education and Juvenile DelinquencyTime: November 2006“If we are to real peace in this world, we shall have to begin with the children”.(Mahatma Gandhi, 1869-1948)Education plays a key role in the development of an individual and a Nation. It is contribution to the growth to the human

Law Quotation on November

2006-11-30T09:35:00.000-08:00

Law and Society "In the state of nature, all men are born equal, but they cannot continue in this equality. Society makes them lose it, and they recover it only by the protection of the law."-- Charles de Monstesquieu (1689-1744) --## Please give your comment regarding the Law Quotation in November above. Thanks.

Legal Research: Analysis on Exceptions of Copyright

2006-11-15T22:02:00.000-08:00

ANALYSIS ON EXCEPTIONS OF COPYRIGHT:A Comparative Study to Indian Copyright Act, 1957Author: Pan Mohamad FaizSubject: Intellectual Property LawsTime: October, 2006ABSTRACT: In the last few years, intellectual property has assumed great importance world over. With the changing needs of the society, the importance of this subject has further enhanced and now it is considered as one of the most

Syariah Banking

2006-11-06T04:16:00.000-08:00

NEW GUIDLINES FOR SYARIAH SUPERVISORY BOARD IN SYARIAH BANKING On August 24, 2006 Bank Indonesia has enacted a new circular letter for syariah banking. This Circular Letter No. 8/19/DPbS concerning Syariah Supervising Guidelines and Report Procedure for Syariah Supervisory Board (“Guidelines”) (Pedoman Pengawasan Syariah dan Tata Cara Pelaporan Hasil Pengawasan Bagi Dewan Pengawas Syariah).The

The Concept of Federalism

2006-11-04T20:25:00.000-08:00

FEDERAL PRINCIPLES: A Comparative StudyA. IntroductionThe origin of the concept of federalism comes in various approaches. Dicey stated that federalism is a national constitution for a body of states which desire union and do not desire unity. He described a federal state as political contrivance intended to reconcile unity and power with the maintenance of state rights. The essence of a

Happy Eid ul-Fitr 1427 H

2006-10-24T11:26:00.000-07:00

HAPPY EID MUBARAKAssalamualaikum Wr. Wb.Our holy friend and visitor Ramadhan is packing his bags up now and doing farewell aforetime.Insya Allah it is being a wonderful and successful Ramadhan for all.On this Special Eve I would like to take this opportunity to wish youTaqabbalallahu minna wa minkum kullu ‘amin wa antum bi khoirMinal ‘aidin wal faidzinForgive me for the indiscretions of the body

Indonesia Becomes UN Security Council Members

2006-10-20T16:39:00.000-07:00

INDONESIA WILL BE THE KEY PLAYERTO INTERNATIONAL PEACEBy: Pan Mohamad FaizGood news comes from New York, U.S. where the United Nation located. The United Nations Security Council (UNSC) announced last Monday that Indonesia had become a nonpermanent member of the Security Council (SC) for two-year terms starting 1 January 2007. Indonesia's strongest competitor in that race to represent Asia was

Law Quotation in October

2006-10-16T05:30:00.000-07:00

The Lawyer Vs. The Gun-Man"A Lawyer with his briefcase can steal more than a thousand men with guns."-- MARIO PUZZO -- ## Please give your comment about the Law Quotation in October above. Thanks.

North Korea Nuke Test

2006-10-12T17:15:00.000-07:00

NORTH KOREA NUKE TEST: THE FAILURE OF BUSH DIPLOMACYBy: Pan Mohamad Faiz *Several days ago North Korea claimed a successful nuclear test, despite pressure from the international community for it to abandon its nuclear weapons program. It also has brought into sharp focus on International peace and security, provisionally in East Asian Region which can trigger an arms race.The blast was believed

Asset Backed Securitisation

2006-10-06T05:33:00.000-07:00

ASSET BACKED SECURITISATIONUNDER INDONESIAN LAW[1]I. IntroductionIndonesian business and investment project has begun obstructed since the economic crisis arose in 1997. The crisis had brought Rupiah into a great depreciation. Indonesian companies have founded difficulties in funding its business, and the investors have lost their trust to invest. Such condition causes capital flight in a great

Fair Dealing

2006-10-05T03:40:00.000-07:00

LEGAL DOCTRINE OF “FAIR DEALING”IN VARIOUS COUNTRIESBy: Pan Mohamad Faiz *)The expression "limitations and exceptions to copyright" refers to situations in which the exclusive rights granted to authors, or their assignees under copyright law do not apply. Limitations and exceptions are also the subject of significant regulation by international treaties. These treaties have harmonized the

Introduction to the Study of Islamic Law

2006-09-22T13:34:00.000-07:00

THE ORIGIN OF ISLAMIC LAW“Jurisprudence is the soul’s cognizance of its rights and obligations”.- Abu Hanifa - Introduction:Islamic Law as it exists today is the result of a continuous process of development during the fourteen centuries of the existence of Islam. According to the classical theory, it consists of the express injunctions of the Koran; of the legislation introduced by the ‘practice

The Lawyers Behind "Lonelygirl15"

2006-09-20T20:44:00.000-07:00

UNCOVERING THE TRUTH OF "LONELYGIRL15"Last week's outing of lonelygirl15 quickly became the stuff of Internet legend. Rumors were already circulating that this YouTube favorite was a hoax when a reporter and his son broke the news on SiliconValleyWatcher that the supposed 16-year-old girl recording confessional videos in her bedroom was actually a 20-something actress named Jessica Rose. The next

Law Quotation on September

2006-09-13T12:51:00.000-07:00

A CONTEMPLATION OF LAW A short conversation between Professor of Law and His Little Son Professor of Law:"Do you know what is the meaning of Laws?" His Little Son:"Yes I know what they are, and what they are worth. They are spider webs for the rich and mighty, steel chains for the poor and weak, fishing nets in the hands of government." Professor of Law:"Really??" ## Please give your comment for

UK’s Youngest Magistrate

2006-09-12T12:24:00.000-07:00

A 19-YEAR-OLD LAW STUDENT HAS BECOME BRITAIN'S YOUNGEST MAGISTRATEShopping for shoes, watching TV and reading are Lucy Tate hobbies. On the Friends Reunited website, Miss Tate, who is studying a law degree at Leeds University, gives an intriguing insight into her tastes and lifestyle. Her profile includes a photograph of her favourite shoes and matching handbag, which are covered in pink sequins.

State of Nation Address 2006

2006-09-07T00:38:00.000-07:00

STATE ADDRESSOF THE PRESIDENT OF THE REPUBLIC OF INDONESIA Jakarta, 16 August 2006 Bismillahirrahmanirrahim,Assalamu’alaikum Warahmatullahi Wabarakatuh, May we all be bestowed with prosperity, Honourable Speaker, Deputy Speakers, and Members of the House of Representatives,Esteemed Chairpersons, Deputy Chairpersons, and Members of State Institutions,Excellencies, the Ambassadors and

Present Legal Review of War in Iraq

2006-08-31T01:51:00.000-07:00

PRESENT LEGAL REVIEW OF WAR IN IRAQ:WHO IS THE DEFENDANT, BUSH OR SADDAM?The US President Bush in his televised address to his nation on 17 March 2003 demanded: “Saddam Hussein and his sons must leave Iraq within 48 hours. Their refusal to do so will result in military conflict commenced at a time of our choosing”. The question is why Saddam and his sons should leave Iraq, their motherland on the

Early Marriage: Harmful Traditional Practice

2006-08-29T02:01:00.000-07:00

EARLY MARRIAGE:HARMFUL TRADITIONAL PRACTICE[1]By: Pan Mohamad Faiz K.W.[2]Marriage before the age of 18 is a reality for many young women. In many parts of the world parents encourage the marriage of their daughters while they are still children in hopes that the marriage will benefit them both financially and socially, while also relieving financial burdens on the family.In actuality, child

The International Criminal Court (ICC)

2006-08-29T01:35:00.000-07:00

INTERNATIONAL CRIMINAL COURT (ICC)By: Pan Mohamad Faiz K.W.[1]Brief IntroductionThe U.N. General Assembly, in 1989, requested the International Law Commission to address the question of establishing an international criminal court. The commission prepared a Draft Statue. The Rome Conference – U.N. Diplomatic Conference of Plenipotentiaries, in Italy, adopted the statue known as the “Rome Statue

The International Court of Justice (ICJ)

2006-08-29T01:17:00.000-07:00

THE INTERNATIONAL COURT OF JUSTICE (ICJ)By: Pan Mohamad Faiz K.W. [1]Brief IntroductionThe need for the establishment of a Permanent Court to solve international disputes was felt in the First Hague Conference. It was in the Second Hague Peace Conference, the USA proposed for the establishment of such a Court. The Permanent Court of International Justice (PCIJ) was established in 1921 under the

Introduction to the Terminology of Use Force and Self-Defence

2006-08-29T00:44:00.000-07:00

STUDY ABOUT USE OF FORCE AND SELF-DEFENCEThe crisis in the Middle-East Asia between Israel and Lebanon has become a hot issue in every newspaper, magazine, journal or in society daily conversation. A lot of article addressing that Israel should be responsible for their action that caused huge damage in the cities of Lebanon. Even some practitioner had given opinion that Israel shall be dragged

Iran’s President, Ahmadinejad, Launches Blog

2006-08-18T07:57:00.000-07:00

AHMADINEJAD LAMBASTS UNITED STATE ON HIS NEW BLOGIran’s President has launched a web log, using his first entry to recount his poor upbringing and ask visitors to the site if they think the US and Israel want to start a new world war. But actually, the blog is an unusual move by the conservative president, whose government has censored Internet sites it deems inappropriate and cracked down on

Australian Asylum Laws

2006-08-18T07:36:00.000-07:00

AUSTRALIA REJECTS NEW ASYLUM LAWS Australia abandoned on Monday plans for tougher new asylum laws after a revolt by government lawmakers ensured Prime Minister John Howard could not pass the legislation.Three government lawmakers defied Howard and voted against the new laws in the lower house last week, and two abstained. At least two government Senators planned to defy Howard in the Senate,

Indian Independence Day

2006-08-17T06:27:00.000-07:00

60TH INDIAN INDEPENDENCE DAY15 August, 2006“No one can break our will or unity. No one can make India kneel…”That’s one of Manmohan’s, the Prime Minister of India, stressing points when he delivering the Independence Day addresses the ramparts of the Ref Fort on last Tuesday (15/8). In that time, Prime Minister Manmohan Singh also called for a new kind of politics if the country were to achieve

The Death Penalty for Three US “Rapist Soldiers"

2006-08-10T08:09:00.000-07:00

IRAQI GIRL WAS GANGRAPED BY US SOLDIERS: DEATH PENALTY! A US military court in Baghdad heard graphic testimony on Monday (8/8) of how three US soldiers took turns raping a 14-year-old- Iraqi girl before murdering her and the family. At the hearing into whether the four marines should be court martialled for rape, a special agent described what took place in Mahmudiyah in March, based on an

Lady Judges for Rape Victims

2006-08-09T07:15:00.000-07:00

LADY JUDGES FOR RAPE VICTIMS: A FAIR DEAL?Indian Government is all set to make it mandatory that only women judges will hear rape cases. However, the legal fraternity is divided on whether it will help the victims.There is another move for the empowerment of women in Judicial System. This time it is the law doing its bit for the rape victims, in the form of the recent move to make it mandatory

First FLG Congress and Manifesto

2006-08-07T02:54:00.000-07:00

FORUM LINTAS GENERASI"Announcement of the First Congress and theManifesto of Youth and Indonesia Across-Generation" The Forum Lintas Generasi will hold its first Congress in Depok, West Java, Indonesia, November, 8 - November, 10, 2006, with the theme "Moral & Cultural Aspects; Law, Power, Economics, & Politics: Heroes and Young People Role’s in this Democratic era. The Congress will be hosted

Declaration of "Forum Lintas Generasi"

2006-08-07T02:22:00.000-07:00

FORUM LINTAS GENERASIDEMOCRATIC STUDY & PUBLIC EDUCATION(Moral & Cultural Aspects: Law, Economics, & Politics)Jakarta, January 2006Basic ConsiderationsThe atmosphere of democracy, which occurs after reformation, has continued to become more significant. When society is busy to explore the essence of democracy, we feel more problems emerge within the community. Those problems didn’t diminish, as a

Introduction to The Essay

2006-08-07T02:04:00.000-07:00

INTRODUCTION TO THE ESSAY[1]By: Pan Mohamad Faiz Kusuma Wijaya[2]Essay. The world comes from the French essai (an attempt), first applied in 1580 by Montaigne to his short writings. The chief implication in the world short being “a tentative study”, an essay is often of a few pages, but there is no fixed length. (In an examination, however, a world limit is usually given; if not, the time limit

Lok Adalats

2006-08-06T05:02:00.000-07:00

SHOULD INDONESIA ADOPTS LOK ADALATS?By: Pan Mohamad Faiz [1]Lok Adalat is a special kind of people’s Court in which some particular kind of disputes are sought to be kept confusing court procedure and efforts are made to solve the disputes by direct talk between the litigants. The speciality of these courts is that in these courts the cooperation of social workers, workers and the students of law

Indian High Courts

2006-08-06T04:38:00.000-07:00

HIGH COURTS AND SUBORDINATE COURTS IN INDIABy: Pan Mohamad Faiz [1]A. HIGH COURTSAppointment of Acting Chief JusticeUnder Article 223, if the office of the Chief Justice of any State High Courts falls vacant or if the Chief Justice is absent or for some reason is not in a position to discharge the responsibilities of the office, then the President is empower to appoint any one of the judges of

M.C.L & LL.M. Student at University of Delhi

2006-08-06T03:36:00.000-07:00

HOW TO BE AN M.C.L. OR LL.M. STUDENT AT FACULTY OF LAW, UNIVERSITY OF DELHIThis programme is meant only for foreign nationals with foreign law degrees. In all, not more than ten students shall be admitted to this programme. Not more than two students from one country will ordinarily admitted to this programme. This admission shall be made according to meant and shall be closed along with

Mastering The Comparative Law

2006-07-20T05:27:00.000-07:00

MASTERING THE COMPARATIVE LAW Starting this month, i'll study another side of law. Common law system will be my daily study in Delhi University (DU). Even i'm not yet starting my study rite now, but i've got a lot of attractive news related 'bout subject of law from television and newspaper. We're all know, however, Law is very related with politics matters, so it'll be more interesting if we can

Introduction of Indonesian Constitutional Law

2006-05-31T04:27:00.000-07:00

KAJIAN HUKUM TATA NEGARA:PERGESERAN ORIENTASI POLITIS KE TEKNIS Description: Selama lebih dari 50 tahun sejak Indonesia merdeka, atau tepatnya dari tahun 1945 sampai tahun 1998 ketika terjadinya reformasi nasional (53 tahun sejak kemerdekaan), bidang ilmu hukum tata negara atau constitutional law agak kurang mendapat pasaran di kalangan mahasiswa di Indonesia. Penyebabnya ialah bahwa selama kurun

Judicial Review UU Hasil Perjanjian Internasional

2006-03-15T04:47:00.000-08:00

PENGUJIAN UNDANG-UNDANG YANG MENSAHKAN PERJANJIAN INTERNASIONAL TERHADAP UUD 1945 DI HADAPAN MAHKAMAH KONSTITUSIDescription:Pemerintah Republik Indonesia dalam melaksanakan politik luar negerinya selalu berusaha melakukan berbagai upaya untuk memperjuangkan kepentingan nasionalnya diantaranya adalah dengan membuat suatu perjanjian internasional dengan negara lain, organisasi internasional dan

Into An Ideal Representative Democracy

2006-03-03T02:29:00.000-08:00

ncA CRITICAL REVIEW OF THE ROLE OPTIMALIZATION IN THE REGIONAL REPRESENTATIVE COUNCIL OF THE REPUBLIC OF INDONESIADescription: The 1945 Constitution amendments has created a figure and system of the state, one of it is about the composition and the position of MPR,DPR,DPD and DPRD. The old MPR consist of DPR member, regional representation, and typical representation, now only consist of two

Semi Autonomous Social Field

2006-03-03T01:34:00.000-08:00

SEMI AUTONOMOUS SOCIAL FIELD:KOMUNITAS PASAR KAGET DI AREAKOMPLEK PEJABAT TINGGI NEGARA REPUBLIK INDONESIA Description: Hasil Penelitian di bidang Hukum Antropologi ini menggarisbawahi mengenai Semi Autonomus Social Field (SASF) yang begitu signifikan dalam memainkan peranannya dalam menciptakan ketertiban dan kepatuhan di tengah-tengah masyarakat. Salah satu SASF yang ada dan terbentuk dalam

Islam dan Persaingan Ideologi di Parlemen

2006-03-02T23:25:00.000-08:00

STUDI KASUS: PRO KONTRA PEMASUKAN "TUJUH KATA" PIAGAM JAKARTA KE DALAM KONSTITUSI PADA MASA REFORMASI Description:Indonesia yang termasuk ke dalam bangsa-bangsa dari dunia Islam dihadapkan kepada soal asas-asas pokok yang harus dijadikan dasar pemerintahan negerinya supaya terjamin kebahagiaan dan kesejahteraan bagi rakyat. Masalah ini bukan saja bersangkutan dengan efisiensi dalam tata usaha

Qua Vadis Sistem Pendidikan Nasional

2006-03-02T08:29:00.000-08:00

ANALISA KRITIS PUTUSAN "EPISODE I" JUDICIAL REVIEW UU SISDIKNAS DAN UU APBN 2005Description: Salah satu faktor yang menjadi penentu utama bagi perkembangan dan kemajuan pendidikan nasional kita, tidak lain adalah faktor alokasi anggaran di bidang pendidikan. Ketentuan mengenai anggaran pendidikan telah diamanatkan secara langsung oleh Undang-Undang Dasar Negara RI Tahun 1945 (UUD Negara RI 1945)

Pers Kampus dan Pendidikan Hukum

2006-03-01T23:08:00.000-08:00

PERS KAMPUS DAN PENDIDIKAN HUKUMDescription:Dengan melihat perkembangan dan peran pers kampus sepanjang sejarahnya, maka sudah tidak dapat kita pungkiri lagi bahwa pers kampus merupakan suatu sarana bagi pengembangan daya pemikiran dan intelektualitas bagi masyarakat Indonesia. Berbagai tema dan topik yang diangkat sangat kental dan dekat dengan kebutuhan informasi yang diinginkan oleh setiap

Konsep Penguasaan Negara

2006-03-01T00:32:00.000-08:00

PENAFSIRAN KONSEP PENGUASAAN NEGARABERDASARKAN PASAL 33 UUD 1945 DAN PUTUSAN MAHKAMAH KONSTITUSIDescription:Pasal 33 UUD 1945 adalah pasal yang dikenal sebagai pasal ideologi dan politik ekonomi Indonesia, karena di dalamnya memuat ketentuan tentang hak penguasaan negara atas:Cabang-cabang produksi yang penting bagi negara dan yang menguasai hajat hidup orang banyak; danBumi dan air dan kekayaan

Constitutional Complaint

2006-02-28T04:02:00.000-08:00

MENABUR BENIH "CONSTITUTIONAL COMPLAINT"Description:Saat ini istilah Constitutional Complaint mungkin sedikit asing di telinga kebanyakan orang, termasuk di kalangan ahli hukum sekalipun. Namun untuk beberapa negara di Eropa, constitutional complaint menjadi solusi yang paling banyak ditempuh oleh warga negara dalam mencari keadilan atas basic rights yang dimilikinya. Tulisan ini diangkat untuk

Komisi Yudisial Vs Mahkamah Agung

2006-02-28T04:00:00.000-08:00

GONJANG-GANJING PERPU TENTANG PENYELEKSIAN ULANG HAKIM AGUNG Description:Rencana pembentukan “Perpu tentang Penyeleksian Ulang Hakim Agung” atas prakarsa Komisi Yudisial ternyata telah mengundang perdebatan yang sangat serius dari berbagai kalangan dan pemerhati hukum. Artikel ini mencoba untuk menganalisis melalui kacamata yuridis maupun sosiologis atas rencana dikeluarkannya Perpu tersebut,

Hukum Acara Mahkamah Konstitusi

2006-02-28T03:54:00.000-08:00

MAHKAMAH KONSTITUSI: THE GUARDIAN AND THE INTERPRETER OF CONSTITUTION Description:Pada saat ini masih sedikit penulis yang membuat artikel mengenai Mahkamah Konstitusi RI dikaitkan dengan proses beracaranya. Tulisan singkat ini merupakan hasil studi sekaligus pengamatan langsung dari penulis atas perkembangan dari Lembaga Negara tersebut. hal yang perlu dipahami adalah Mahkamah onstitusi