Search

The principle of freedom of contract is influenced by the understanding of individualism that gives birth to the freedom of everyone to obtain what is desired and what is not desired in the realm of private law. Based on the principle of freedom of contract, anyone has the right to make agreements freely without any restriction. But in practice, the principle of absolute and unlimited freedom of contract turns out to create injustice in society, especially if agreements are made by parties whose positions are unbalanced. The weaker party often experiences injustice, so the people then want the weaker party to get protection. As the development of ethical and socialist understandings, the principle of freedom of contract experiences change, so that it is no longer absolute and without limits. This research is intended to analyze the urgency of limiting the principle of freedom of contract in a historical perspective.

Mediation and conciliation are alternatives with varying characteristics acting as a third-party figure in settling disputes in industrial relations. These alternatives are perceived as the same in Act Number 2 of 2004 on Industrial Relations Disputes Settlement. It leads to conceptual errors and causes mistakes in formulating the mediator and conciliator's authority. Therefore, this study analyzed the concepts of mediation and conciliation as regulated in Act Number 2 of 2004 on Industrial Relations Disputes Settlement. This is a normative legal research carried out with the statutory, conceptual, and comparative law approaches. The result showed that the concept of mediation and conciliation formulated in the Act Number 2 of 2004 on Industrial Relations Disputes Settlement deviates from the basic concepts of the mediator and conciliator to make written recommendations. Conceptually, the mediator and conciliator are facilitators incapable and capable of making written recommendations, respectively

In medical dispute resolution through mediation, a mediator with the medical qualification will be easier to facilitate the mediation process because of their expertise related to substance, but health workers which have high solidity towards the profession which will make it difficult for them to be impartial. The principal aim of this thesis was to study the doctor’s capability and doctor’s impartiality as a mediator in medical disputes. The issue will be discussed normatively juridically through the statute approach, conceptual approach, and comparative approach with Malaysia, Australia, and Netherland as the comparative country. From this research, it can be concluded that the capability of doctors as mediators of medical disputes lies in the gravity levels of doctors who are commensurate with the context of the dispute. Malaysia, Australia, and the Netherlands have required that mediators need to have an understanding of the substance and have technical knowledge of the problem at hand. A doctor’s impartiality as a mediator in medical disputes will have a tendency of partisanship and conflicts of interest. Keywords : Capability, Impartiality, Doctor, Mediator, Medical Dispute

The main role of an advocate is to help clients get a fair legal process. This role gives birth to high expectations of advocates so that clients give full confidence to advocates to represent their interests. But in practice, it is not uncommon for advocates to abuse the trust given by their clients. As recorded in the 2019 PERADI annual report which shows that advocates reported by their clients to the PERADI Honorary Board are increasing. Avocados do have immunity rights as regulated in Article 16 of Law No. 18 of 2003 concerning Advocates jo. the decision of the Constitutional Court through decision No. 26 / PUU-XI / 2013. But of course, advocates cannot always protect their immune rights, especially if advocates violate the law and harm the interests of their clients. This study aims to analyze the legal responsibilities of lawyers who violate the law while carrying out their profession and are bound in a legal services contract. This research is normative legal research. The approach used in this research is the conceptual approach, the legislation approach, and the case approach. This research concludes that even though law violations were carried out by lawyers while carrying out their profession and based on a contract, advocates remain responsible, both civil and criminal. While the right to immunity can only be used as a basis for legal protection when advocates in good faith in defending the interests of their clients.

The Urgency of Civil Registration in the Fulfilment of the Rights of the Child From birth Indonesian children have the basic right to be protected by the State and according to religion. One of the basic rights of the child is the right to obtain a birth certificate through the civil registration system. In this context, all children are seen to have the same basic human rights, and the same is true according to Islam. For example, there is no differentiation in relation to whether a child is born within marriage or illegitimately. From a human rights perspective, all children have an equal rights. Similarly, in Islamic jurisprudence according to the Imam Shafi’i School there are no limits to the care of a child. Civil registration of birth ensures human rights in relation to social status and individual benefits. The civil registration system gives individuals a unique identity, records the relationship with parents, and provides the foundation for citizenship. Birth certificates provide documentation of the birth of the child and usually one or both parents, which was fundamental to the determination of nationality, depending on the laws of each country. Civil registration is also important in recording death, marriage, divorce and so forth.

Human trafficking is one of activities that constitute serious violence against human rights, particularly the rights of women and children trafficked. In fact, trafficking has become a universal phenomenon and is considered the enemy of all countries in the world. In Indonesia, women and children are trafficked from one country to another and within the country itself. They are trafficked for domestic work, waiters, entertainers, booked brides, beggars or prostitution. Law enforcement in both national and international levels has been conducted. The laws, nevertheless, cannot effectively overcome the problem of trafficking in women and children