Hierarchy Of Legislation Research Articles

KAJIAN YURIDIS EKSISTENSI DAN MATERI KETETAPAN MAJELIS PERMUSYAWARATAN RAKYAT REPUBLIK INDONESIA DALAM HIRARKI PERUNDANG-UNDANGAN DI INDONESIA

This study examines, first, what is the position of the People’s Consultative Assembly Decree in the hierarchy of laws in Indonesia? Second, which agency is authorized to examine the decree of People’s Consultative? This research is a normative law with statute approach. The results of this study concludes that, first, even though the People’s Consultative Assembly no longer authorized to issue decree laws of the People’s Consultative Assembly, but there are still three provisions of the Assembly are declared valid. So that the provisions of the People’s Consultative Assembly still has a position in the hierarchy of legislation. Second, the body which has the right to test the decree of People’s Consultative Assembly is still not yet exist, although in practice the application is submitted to the Constitutional Court and was turned down by the Constitutional Court on the grounds that the Constitutional Court does not have the authority to test the People’s Consultative Assembly.

ISBAT NIKAH DALAM PERSPEKTIF KOMPILASI HUKUM ISLAM HUBUNGANNYA DENGAN KEWENANGAN PERADILAN AGAMA

As one of the executors of judicial power in the courts in the Indonesian Religious Court is given the jurisdiction over civil causes of Islam, one of which is in the field of marriage. As an Islamic court, the substantive law that is used Islamic law, then it is often defined as fiqh, which are certainly vulnerable difference. To bridge differences and to create legal certainty, as well as to realize the Islamic law, then Compilation of Islamic Law (KHI) was born which positively main themes of Islamic law in Indonesia and as one of the law applied in the Religious Court. Especially with regard to matters of marriage is a matter of legalization of marriage in Islamic Law Compilation qualified as a remedy called "the isbat of marriage". Of a jurisdictional basis isbat marriage cases as authority Religious Court Compilation of Islamic Law is one of the sources of law which raised more detailed reasons filing. Although the Compilation of Islamic Law is not included in the hierarchy of legislation. However, in order to fill the legal vacuum, the provisions governing the confirmation of marriage is considered as a policy that is needed by the religious court as justice of Islam in Indonesia.

ESTABLISHMENT OF THE NR10 REGULATORY STANDARD FOR PROCESSES INVOLVING ACQUISITION OF IMPORTED EQUIPMENT AND SERVICES PROVIDED BY FOREIGN COMPANIES IN THE BRAZILIAN TERRITORY

This article proposes the breakdown of NR 10 - Brazilian Regulatory StandardNumber 10 - aiming at simplifying the understanding of its rules and trainingof those involved, by summarizing relevant concepts in a presentation form thatis easy to understand.Usually, foreigncompanies and foreign technicians supplying designs, equipment, and services havedifficulties understanding rules, standards, and guidelines during the installationof devices for the implementation of projects in Brazil. The performance ofservices in areas with electricity hazards requires preventive activities and complianceto Brazilian technical recommendations.This articlepresents an overview of the legislation hierarchy in Brazil according to the FederalConstitution and toe Brazilian Regulatory Standards, including NR 10. In thisstudy all items of NR 10 were presented in detail following the originaldocument. In addition, interrelated issues displayed in a didactic manner in aset of tables, and created requirements and guidelines are presented.All materialwas used to sensitize teams that developed the preliminary studies. Weperformed the project by planning and executing services for the installationof an automotive business of Chinese origin, contributed to the project’s direction,and planned the layout of facilities. All work was performed with surety andwithout complex necessary rework, up to the time of approved production lines.

THE ROLES OF THE SUPREME COURT OF THE REPUBLIC OF INDONESIA IN ENFORCEMENT OF INTERNATIONAL ARBITRAL AWARDS IN INDONESIA

Indonesia has been being a member of the 1958 New York Convention since 1981, namely upon issuance of the Presidential Decree No. 34 of 1981. Prior to taking into force of the Regulation of the Supreme Court of the Republic of Indonesia No. 1 of 1990 on Procedures for Enforcement of Foreign Arbitral awards, there were still constraints for the foreign business players in term of enforcement of arbitral awards in Indonesia. The Supreme Court as the highest judicial institution in Indonesia holds that international arbitral awards can not be enforced in Indonesia. After the Indonesian Supreme Court has issued such a regulation, enforcement of international arbitral awards in Indonesia began to be enforceable, because the procedural law that governs the procedures for execution of arbitral awards has been clear. In order to regulate better the international arbitral award problems in the hierarchy of legislation, on October 12, 1999, the Law on Arbitration and Alternative Dispute Resolution was promulgated. In that Law, there is a special part discussing the International Arbitration. This study examines the development of international arbitral award enforcement in Indonesia before Indonesia becoming member of the 1958 New York Convention, until nowadays, by analyzing the international arbitral awards that were decided by the Supreme Court of the Republic of Indonesia after the coming into effect of the Arbitration Law.