Browsing by Author "Makawi, Panhar"

Now showing 1 - 2 of 2
  • No Thumbnail Available
    Item
    GENERAL REVIEW OF THE APPOINTMENT OF ACTIVE POLRI MEMBERS TO ANSWER AS REGIONAL HEAD (Case study: Appointment of Pol Commissioner General Mochamad Iriawan as Acting Governor of West Java)
    (International Journal of Psychosocial Rehabilitation, Vol.24, Issue 01, 2020) Makawi, Panhar; Pranata, Muhammad Rizky; Abudan, Muhammad; Pawirosumarto, Suharno
    This research analyzes the appointment of Pol Commissioner General (Komjen) Pol Mochamad Iriawan as Acting Governor of Answers. Because according to Law No. 2 of 2002 concerning National Police of the Republic of Indonesia, it is stated in Article 28 that members of the police must not involve themselves in practical political activities and if they are going to occupy positions outside the National Police, they must resign. Pol Commissioner General (Komjen) Mochamad Iriawan is still a unit within the Indonesian National Police and where his appointment as Acting Governor of West Java is a proposal of the Ministry of Internal Affairs (Mendagri) which then Commissioner General (Komjen) Pol M Iriawan is appointed as the Acting Governor of West Java in dated 18-06-2018 which was then handled by the president according to the Presidential DecreeNumber 106 / P of 2018 concerning the Inauguration of the Dismissal of the Governor / Deputy Governor of West Java for the 2013-2018 Term and the Appointment of the Acting Governor of West Java. This study uses normative, the author will analyze in the appointment of an active police officer who became Acting Governor of West Java. The results of this study concluded that the appointment of the Minister of Home Affairs made Komjen M Iriawan as Acting Governor of West Java in violation of Law No. 2 of 2002 concerning the Indonesian National Police and Law No. 5 of 2014 concerning State Civil Apparatus. In this Law, all procedures are regulated if a police officer wants to occupy a position within the State Civil Apparatus.
  • No Thumbnail Available
    Item
    THE IMPLICATION OF THE SUPREME COURTS AFFIRMATION TOWARDS JUDEX FACTI DECISION IN A FINAL AND BINDING JUDICIAL AWARD WHICH STILL PROVIDING A CHANCE TO PERFORM LEGAL ACTION THROUGH ARBITRATION AFTER THE NULLIFICATION OF THE ARBITRATION AWARD
    (International Journal of Psychosocial Rehabilitation, Vol. 24, Issue 1, 2020) Slamet, Sri Redjeki; Soekristyanto, Okky Rachmadi; Makawi, Panhar; Riantani, Suskim
    The Arbitration Award is a binding adjudication precedent, but based on the provision of Article 70, Statute Number 30 of 1999 of Arbitration and Alternative Dispute Resolution (Statute of Arbitration), such award are admissible for nullification by the District Court and it is also a subject for an appeal to the Supreme Court of Indonesia. The verdict within the Supreme Court award Number 62 B/ Pdt. Sus-Arbt/ 2017 regarding the case of the nullification of Badan Arbitrase Nasional Indonesia’s award, has refused to discharge the authority of Badan Arbitrase Nasional Indonesia (BANI). The legal issues analyzed within this research are: Does the nullification of Arbitration Award resulting on nullification of Arbitration Clause? What are the implications of the affirming verdict of the Supreme Court’s award Number 62 B/Pdt. Sus-Arbt/2017 on Judex Facti’s award number 332/Pdt.G/Arb/2016/PN Jkt.Pst towards the dispute resolution process between the parties? The writing method applied to this thesis is a normative method with descriptive research, with the application of primary, secondary, and tertiary legal resources, analyzed in a qualitative manner. The nullification of Arbitration Award by the Supreme Court does not revoking the authorization of Arbitration and the implication of such awards is that the Pactum de Compromitendo is still enforceable and BANI is still the authorized choice of forum. The conclusions taken from the research conducted are: 1) The nullification of Arbitration Award resulting on nullification of the Arbitration Clause; 2) The implication of the Supreme Court’s award Number 62 B/Pdt.Sus-Arbt/2017 is that there is no certainty of law for the parties as a result of the binding and un-nullified enforceability of the arbitration clause based on the provision of the first paragraph of Article 1338, The Book of Indonesia Private Law. Recommendation: 1) PT. Republik Energi & Metal is advised to file for Judicial Review towards the case to the Supreme Court in order to annul the previous award of the Supreme Court; 2) The conflicting parties to establish Acte Compromis to nullify Arbitration Clause.