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Dinamika Hukum

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1 KONSEP DAN MANFAAT PENGATURAN SAHAM TANPA NILAI NOMINAL DALAM PASAR MODAL INDONESIA, Ida Keriahenta Silalahi & Nur Sayidah
The purpose of this research is to find out the concept and benefit of regulation of no par value shares in Indonesian Capital Market. The legal issue of this research is the philosophical meaning of no par value shares as stipulated in Article 31 subsection (2) of Company Law 2007. Ontologically, regulation of no par value shares is one of alternatives to solve the crisis of capital market. Etiologically, the regulation will give the value of benefits in term of providing easiness to perform corporate action, simplification of accounting, no distinction between issued shares and outstanding shares, the shares price is not determined by the nominal price but the market price, it remains to be traded, the company may still do a rights issue to obtain fresh funds even during crisis and they can use mandatory and optional system. Keywords: regulation, no par value shares, capital market.
2 ANALISIS MENGENAI MATERI MUATAN PERATURAN MAHKAMAH AGUNG NOMOR 2 TAHUN 2003 TENTANG PROSEDUR MEDIASI PENGADILAN , Rahardi Wasi Bintoro dan Tedi Sudrajat
These days the solving of dispute by jurisdiction gets the critics from the practitioner and the jurist. The role and function of jurisdiction were assumed overloaded, wasting time, expressive, less responsive to the public interest, and also too formal and technical. There were various concepts that already offered to make the jurisdiction more simple, quick and light expenses. One of the concept which have been offered and now applying is the mediation institute in the civil the court system through PERMA No. 2 year 2003. The background of this regulation is because of the application of article 130 HIR is not effective. It changes the voluntary to the compulsory system by using the mediation institute. Now the party must used the mediation before entering the litigation. Keywords: Jurisdiction, dispute and mediation.
3 PENGISIAN JABATAN SEKRETARIS DESA DI KABUPATEN BANYUMAS(Studi Tentang Kebijakan Pengisian Jabatan Sekretaris Desa) , Sri Hartini dan Abdul Aziz Nassihudin
Village secretary assumed as a strategic occupation in the village government because the function as a proxy lead village. At the moment, Law No. 32 Year 2004 concerning Local Government have made arrangement this occupation status, which initially village secretary is not a public servant and now because some reasons will fill by Public Servant. How the policy of admission filling of this occupation? In the case, the government should make regulation which can guarantee the orderliness and protect the society. Keywords: Village, village secretary and government policy
4 BATASAN TANGGUNG JAWAB DIREKSI ATAS KERUGIAN PERUSAHAAN , Trusto Subekti
The effect of monetary crisis in year 1997 has caused many share companies in Indonesia close down because of unprofitable. At that moment, the price of shareholder drastic downwards, even exists to the zero level and effected to the bankruptcy. For the agenda of overcoming situation of share company, many ways have been conducted by the board of directories company to overcome the loss by using the law corridor, but somehow there are many party conduct action by impinged the laws. The problems which stated here ishow far a Board of directors can be responsible to the loss suffered of the company. From the theoretical study, it expected can be obtained the image of concerning indicator of a director that conduct the abuse of power. Keywords: share company, board of directories, and abuse of power
5 EFEKTIVITAS SISTEM PERADILAN SEDERHANA, CEPAT, DAN BIAYA RINGAN DI LINGKUNGAN PERADILAN UMUM , Pramono Sukolegowo
Article 5 sentence ( 2) Law No. 4 Year 2004 concerning Judicial Power stated that the court help all searchers of justice and overcoming all barricade and resistance to reached the simple, quick, and light expense jurisdiction, so the system of judicature can be effective and efficient. There are some factors that influence the function of law in the society or make effectiveness of the law enforcement which are: substance of law, law enforcement, facility, and also society factor that the law environment applied. Keywords: Simple, quick, and Light Expense Jurisdiction
6 PERLINDUNGAN HAK ATAS MEREK, Haedah Faradz
Along with fast progressively growth of inter-states service and goods commerce, it needed the existence of international arrangement that giving protection guarantee and rule of law in brand area. For the agenda of giving protection to the owner of brand, governmental have renewed Law Number 21 Year 1961 and replace with Law Number 19 Year 1992. Along with ratifying of WTO which loading rule of Trade Related Aspects of Intellectual Property (TRIPS), Indonesia conducted Law Number 19 Year 1992 through Law Number 14 Year 1997 and renewed again with Law Number 15 Year 2001.Because of Indonesia taking part in WTO and agreement of TRIPS, hence Indonesia have to correspond to the rule, as consistency step to ratification which have been conducted by Indonesia, hence change the law and forming new law as a step that must be taken. An application of registration of brand will be accepted if the requirement has been fulfilled as stated in the law of brand. Main requirement which at the same time become especial characteristic of brand is the existence of distinguishing energy. Keywords: Protection, Rights of Brand.
7 IMPLEMENTASI POLIGAMI ANTINOMI ANTARA INDIVIDUAL RIGHT DAN SOCIAL RIGHT , Sanyoto
Court of religion have absolute jurisdiction to check and judge polygamy application and then check the material condition and if its fulfilled, husband as applicant obliged to prove the reason. If he success to prove, so there are polygamous permission, but if he fail to prove the reason of polygamy, so the application will be refused. In application of Polygamy, Religion court give register of polygamous permission in form Pdt G. Verification charged upon husband. Wife have to explain about polygamous permission which given this matter shows importance antinomy between Wife, Husband, and society. Polygamous Implementation in Religion court have done according to existing rule, but for this decision many people is disgruntled because its sacrifice the justice for wife. Kata Kunci: Poligami, Antinomi
8 KETERLIBATAN PEREMPUAN DALAM PENYUSUNAN PRODUK HUKUM DAERAH DI KABUPATEN BANYUMAS, Riris Ardhanariswari, Sofa Marwah, dan Tedi Sudrajat
Solution of Raperda in regional parliament has entangled governmental element, parliament and society. Involvement of society assessed before existence of formal solution of Raperda is at hearing public process and empirical facts analysis by SKPD. When solution of Raperda, society can follow to involve actively at level I, II and of IV in plenary meeting. Besides that, after perda have done, society still enabled to involve in public test. In this case, legal status between woman and men is same. The women's involvement in making of regional law, especially in Banyumas, still experience of various constraint. In this case, role of woman (generally) still assumed lower or not yet maximal. Opportunity have been given by government but woman still not yet earned the rights maximally. There are role of woman in attendance but role in input form is not yet maximal. In general, arising out constraint to women involvement in making regional law is come from society mindset concerning woman, cultural and quality of the Human Resources. Kata Kunci : Keterlibatan Perempuan, Produk Hukum Daerah
9 PENGARUH PERJANJIAN INTERNASIONAL TERHADAP PERUBAHAN-PERUBAHAN KUHP BERKAITAN DENGAN TINDAK PIDANA AERIAL HIJACKING , Ruby Hadiati Johny
International Agreement is very important for growth of national law, especially national criminal law. International Agreement as one of legal source can give information about growth at national law that carried out bilateral conventions and multilateral. The growth of Criminal law in Indonesia is influenced by many growths of international society. This influence is progressively with existence of globalization that affecting at changes of behavior which outwardly shift in law orders. Globalization era have supported by information technology, transportation and communications. One of fast transportation is plane. ICAO as world organization that concern in problem of air transportation said that this transportation is gristle with danger by people with various motifs. Conventions that carried out by ICAO such as Convention of Tokyo year 1963, Convention of Hague year 1970, Convention of Montreal year 1971 that influenced at KUHP after Indonesia have applicator this application can see in Law No. 4 Year 1976 that concerning Hijacking. Kata kunci: Perjanjian Internasional sangat berpengaruh terhadap perubahan hukum pidana khususnya KUHP
10 PROBLEMATIKA ASAS RETROAKTIF DALAM HUKUM PIDANA INDONESIA , Agus Raharjo
One of the fundamental principles of criminal law is the principle of legality. This principle of prohibition enforcement consequences subsided (non-retroactive) a criminal law. In its development, this principle was deviation, especially for the crimes that fall into that category gross human rights violations. Constitutional Court decision to cancel the implementation regulation No. subsided. Law No. 2/2002 or Law No. 16/2003 closed the possibility of other criminal regulations made retroactive. Retroactive provisions of the (retroactive) in Indonesia is only possible for the gross human rights violations as defined in Law No. 39/1999 or Law No. 26/2000. This issue becomes complicated when the crime occurred a new type will cause a lot of casualties but no criminal laws that govern them. Will restrictions on retroactive application of the principle is so tight to let the victim fall. Kata Kunci: asas legalitas, asas retroaktif, asas non-retroaktif.
11 EKSISTENSI KOMISI YUDISAL DALAM STRUKTUR KETATANEGARAAN REPUBLIK INDONESIA DAN YANG SEHARUSNYA DIATUR DALAM PERATURAN PERUNDANG-UNDANGAN , Muhammad Fauzan
Existence of Judicial Commission in system of Republic of Indonesia is a long process in searching format of civic specially related to execution of judicial power. The chaos of execution of judicial power which influence of government and other power's have pushed the importance of a institute that able to " guarantee" the judicial power in order to according with the justice . the judicial Commission althought arranged in Chapter of IX UUD 1945 concerning Judicial Power, but judicial Commission is not executor of judicial power, Therefore Judicial Commission is not as institute enforcer of law of code, but as institute enforcer of ethic norm (ethics of code). Judicial Commission is expected can support the creation execution of judicial power which independence and free from other power. Kata Kunci : Komisi Yudisial, Struktur Ketatanegaraan, Peraturan Perundang-undangan
12 KEBIJAKAN PENGUSAHA YANG MENIMBULKAN KETIDAKADILAN GENDER TERHADAP BURUH PEREMPUAN DI PT DIDACHI TANGERANG , Abdul Aziz Nasihuddin, Dody Nur Andriyan, dan Dewi Chusna Indriasari
The regulation of Industrial affair between women labour with company or entrepreneur, contain in Law Number 13 Year 2003 concerning Labour, and the regulation that protect women labour contain in Law Number 7 Year 1984 concerning Convention Of The Elimination Of All Forms Of Discrimation Against Women. But in the reality, there are many problems in the labour environment. Especially, if it concerning the unfairness of gender for the women, like the case in PT. DIDACHI, Tangerang. In this research, revealed about the entrepreneur policy that not only againts the regulation, but also in gender perspective they do the unfairness of gender in the term of behavior and policy. The labeling and the wrong interpretation about gender cause many policy that make the unfairness condition for the women labour in PT. DIDACHI, Tangerang. Keywords: Gender, interpretation of gender, unfairness of gender, women labour, entrepreneur, company.
13 KEJAHATAN ALIENATIF, Hermansyah
The exictency of state of law in social life is certainly and its clear that impact of all our live, these conditions, of course, are able to impact on our life, likely, ideology, economy, cultural and social life. Moreover, are eliminated of lacal law that there are along ago. And then, sometime, appeared resistance from community where the local law become their way of life. This condition, are able to say that eliminated crime are accoured. Keywords: state of law, local law and eliminated crime.
14 INTERPRETASI HAKIM, PENGACARA DAN NOTARIS TERHADAP KONSEP HARTA BERSAMA MENURUT UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN DI KABUPATEN BANYUMAS(Studi Tentang Kriteria yang Digunakan dalam Mengkualifikasi Harta Bersama) , Trusto Subekti
A marriage always have legal consequences, especially in marriage good together. Every regulation of that law have the character of abstraction and passive, hence to comprehend content and intention something section in law have to use appliance is so called interprestasi (interpretation method), result of perception (observasi) whereas studied law and regulation, that is as sources of law. This research have the character of research of law with approach of empirical juridis and research type the used is bibliography (research library) field (field of research) to obtain direct explanation of subjek in this research, that is Judges, Lawyers, and Notaries in Sub-Province of Banyumas. Pursuant to research result obtained from 12 (twelve) method interpretation of which can utilized to comprehend community property concept according to article 35 point (1) Act No.l, 1974, in the reality utilized by all law practitioners, only 2 (two) interpretation method, that is interpretation of language 47 (54,65%) and systematic interpretation 29 (45,35%). And result of interpretation inventariasi all practitioners punish to regarding criterion used to determine kualification an object of included in community property from 23 interpretation object item obtained 7 (seven) criterion, as follows: obtained estae during marriage, result of management with diving marriage, production during marriage, earnings during marriage, purchasing during marriage, result of from heritage obtained during marriage, transformation of heritage during marriage. Hence require to be given clear formula pass law and regulation and properly there are same understanding to all practitioners punish to regarding criterion to determine something object of kualification as personal estae or community property, to be society not be bewildered caused by interpretation which different each other. Kata Kunci : Interpretasi, kriteria, konsep harta bersama, hakim pengacara, notaris
15 PROSES PENYELESAIAN SENGKETA PERDATA DI PENGADILAN NEGERI DALAM KAITANNYA DENGAN TRANSAKSI YANG MENGGUNAKAN INTERNET , Sanyoto, Antonius Sidik Maryono dan Rahadi Wasi Bintoro
The growth of technological Progress make the change of pattern in the socialize human life, and it can conduct the economic activity in the local scale, regional and also global. In the individual assocciation by using internet technology will take the relation pattern between individual which it is unlike what that happened in the real world. By the existence of internet, contractual terms between subject of law and each other without meeting (face to face), even it is enabled for subject of law not to recognizing each other. During the people conducting activity in the illusory world, especially in the private law, like commerce, agreement and also banking activity, it is enabled to take a problems such as performed in the conventional private relationship. If the consumer internet in the private activity feel their private rights are impinged and they are wish to claim their rights, so there is civil conflict. The relationship between the individual in the transaction using internet not yet arrange peculiarly in law and regulation. But judge have to find the law and also create the law if he confronted with a dispute in the transaction using internet. Kata kunci : hakim, hukum, internet, perdagangan elektronik, tanda tangan digital
16 EKSEPSI PLURIUM LITIS CONSORTIUM (Studi Terhadap Putusan Pengadilan Tinggi Semarang No. 401/Pdt/2002/PT. Smg jo. Putusan Pengadilan Negeri Purwokerto No.41/Pdt.G/2000/PN.Pwt) , Siti Muflichah, Trusto Subekti dan Haedah Faradz
In the civil jurisdiction, truth searched is the formal truth. This matter of course different from the criminal justice, where truth searched is material truth. Searching the formal truth, meaning that judge may not be abysmal of boundary that raised by the parties. This matter contain the congeniality, that verification process is not see at wight or content, but to wide of case scope or dispute that raised by the parties. In this case judge have the passive character. in civil jurisdiction, truth searched is a truth that relying on formal verification. The Judge decision shall contain the rule of law element, justice and benefit. For the reason judge have to careful, goodness in making draft of decision and also decision intake later. In Case No. 401/ Pdt / 2002 / PT. Smg, The Judge of High Court of middle of Java made the decision by strengthening decision of District Court of Purwokerto in case No. 41/Pdt.G/2000/PN Pwt. This Judge Decision represent an example of careless of the judge in make decision. exception of the lack of party had refused. Therefore, judge have to consider this matter in its decision. Therefore, judge have to consider this matter in its decision. This matter of course relative harm the plaintiff, because if suing is not accepted, plaintiff can improve/ repair its suing or make a lawsuit to the court newly again. But refusedly of suing make the plaintiff cannot improve/ repair its suing or make the new suing again. finally, the decision which is not careful will not fulfill the rule of law elements, justice and benefit. Kata kunci: kebenaran formil, penggugat, tergugat, turut tergugat, syarat formil gugatan
17 TUNTUTAN DWANGSOM DALAM SENGKETA PEMILIKAN TANAH(Studi Terhadap Permohonan Kasasi yang Dikabulkan pada Putusan Mahkamah Agung No. 1429K/Pdt/2006), Sanyoto, Ziad, Antonius Sidik Maryono, dan Desy Perdani Yuris
Plaintiff that feels disadvantage because the rights impinged in the rule of procedure of civil law he or she can file a main claim by accompanied with addition claim. One of addition claim which can be asked plaintiff is to be sued punished to pray force money (dwangsom) every day to the negligence fulfilling justice decision. Rule of dwangsom there is in section 606 RV which in practice jurisdiction still applying where dwangsom is pressure tool which psychologically the side of sued to be defeated soon will fulfill main punishment in content of judge decision having the character of condemnatory which is not punishment of payment of money but in the form or real execution or realization as soon as possible. In decision of Mahkamah Agung No 1429 K/Pdt/2006 Plaintiff bringing a lawsuit to the court on the basis of property to land mastered by opponent is againts the law which the main claim is she or he expressed as valid owner to dispute object and express deed is sued has done deed to fight against law that is mastering disputed site without legal right and surrender claim of land with a width of 744 m2 any unconditional and force money (dwangswom) equal to 100.000, per day since decision obtains permanent legal force. Initially in first level of court (P.N. MALANG) Plaintiff claim is refused, then plaintiff submits effort of appeal law to P.T. Surabaya. On the basis of the matter is plaintiff applies cassation to Mahkamah Agung and granted because subordinate court has wrong applies law. Key word: dwangsom, final punishment, mahkamah agung
18 PENGATURAN TENTANG HAK ASASI MANUSIA BERDASARKAN UNDANG-UNDANG DASAR 1945 SEBELUM DAN SETELAH AMANDEMEN , Tenang Haryanto, Johannes Suhardjana, A. Komari, Muhammad Fauzan, dan Manunggal Kusuma Wardaya
The end of the government of Orde Baru that tends to be more authoritharian has emerged the transformation almost in all government hierarchy. The most important transformation is in the material contains or substantive of 1945 constitution, whether material that has been erased, revised or new material. Material contain of the 1945 constitution is the result of the amendment such as the Human Right. The regulation about human right before amendment 1945 constitution regulated as right and duty of the republic citizen in Indonesia that contains the values of human right and regulated in the article 27 to article 34. The regulation of human right after amendment of 1945 constitution regulated in article 28A to 28J. The regulation about the human right based on the Law Number 39 Year 1999 concerning the Human Right. It explain there is no right in Indonesia that has the absolute power and unlimited. Human Right is not the right that has the absolute characteristic. In the implementation, its limited by the right, morale, security and order of other people. Because of that, in the human right also known the existence of human right duty. Moreover, the implementation of the human right has been regulated in the 1945 Constitution. Kata Kunci : Hak Asasi manusia, Amandemen UUD 1945
19 PENERAPAN PASAL 4 UNDANG-UNDANG NO.8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN PADA JASA PENGIRIMAN DOKUMEN DI PT. KERTA GAYA PUSAKA PERWAKILAN PURWOKERTO , Rochani Urip Salami, I Ketut Karmi Nurjaya, dan Krisnhoe Kartika
Nowadays, the issue of consumer protection in Indonesia has encompassed various fields of social life, nd without any exemption, the isuue of transportation is include thereof. Transportation is one of the factor that able to determine the succes of states economic. Transportation is executable through land, air and water. One of the forms of services in land transportation is the transport of package in Purwokerto that run the area of document. This research usesd the method of normative approach, eith the intention to conclude the legal protection toward the consumer of PT Kerta Gaya Pustaka package transport service branch in Purwokerto, considering that PT Kerta Gaya Pustaka is one of the parties in the world of bussiness that has obligations to perform its bussiness in conformity with the principles and provisions in the consumer protection act (UUPK) as well as possible and with liabilities. Kata Kunci : Perlindungan Konsumen, jasa Pengiriman dokumen
20 PERUMUSAN KETENTUAN PIDANA DALAM PEMBENTUKAN PERATURAN DAERAH (Studi di Kabupaten Purbalingga) , Muhammad Fauzan, Djumadi, dan Riris Ardhanariswari
Article 143 section (2) Law Number 32 Years 2004 concerning Local Government contending that by law can load six-month coop crime threat at longest or maximun Rp. 50.000.000,00 ( fifty million rupiah). While in section ( 3) the law give authority to local goverment to load the crime in the out off the this regulation. This regulation by itself give authority at local government to specify crime threat or maximal penalty. Even give crime threat besides the crime serve a sentence and penalty. The Result this research that in the reality Rule of Crime in Local Regulation in Purbalingga still not yet applied the mentioned, is even found also not clear of arrangement of rule of crime in Local Regulation Sub-Province of Purbalingga, like: boundary inexistence upper and lower in rule of crime, there is no him clarity of qualifikasi glare at alternative, or cumulative or alternatif-cumulatif, there is no him rule of attempt penalization. What for the reason this research give recommendation for this local regulation. Kata kunci: Local Government, Rule of Crime, Local Regulation
21 TINJAUAN FILOSOFIS UNDANG-UNDANG NOMOR 1 TAHUN 1974, Tri Lisiani Prihatinah
In the globalization era, there is less respect to the marriage institution due to the influence from different concepts of marriages from different countries. In the Indonesian context, one of the reasons comes from misunderstanding towards the nature of family law i.e. Marriage Law Number 1 Year 1974. Better understanding for all Indonesian to the law from phylosophical point of view is an essential effort to achieve the goal of marriage itself. A specific analysis has been given to the aspects of onthology, epistemology and actiology. Kata kunci: filsafat, UU Perkawinan, Indonesia
22 REFLEKSI EKSISTENSIALISME DALAM ILMU HUKUM(SUATU UPAYA HUMANISASI TERHADAP TEORI ILMU HUKUM) , Hermansyah
The existentialism of philosophy has concern and admits the uniqueness of the human being. The effort of the theorititation of law should be back to the good of human being aspect as individual and also the community. Uniforming to the individual thinking in universal term as well as in positivism theory (law) will have given a fence for the human being freedom like represent of the denial in the existing individual variety, so that the existence becoming limited by human meaning. Theory compilation for social fact that perceived have peep out the regular nature, it is representing just a few of the human being side that have the richness of value. Kata Kunci: humanisme, alienasi, eksistensialisme, ilmu hukum
23 PENGANTAR MENGENAI TEORI MARXIS TENTANG HUKUM, Endra Wijaya
The opinion of Karl Marx becomes the inspiration for the appearance of the critical philosophy in the field of economics, social, politic and law. The spirit is to criticize the capitalism system that assumed of negative effect for the human life. When those opinion is came into the law, it bring the criticism to attendance of law in capitalist society. In capitalist society, law is not a free value, its not neutral character and always related with the economic factor and also existing politics. Kata Kunci : teori marxis dan sistem kapitalisme
24 PERLINDUNGAN TERHADAP PENGUNGSI DOMESTIK MENURUT HUKUM HUMANITER DAN HAK ASASI MANUSIA , Aryuni Yuliantiningsih
Internal displacement is one of humanitarian problem that need to be handled in accordance to humanitarian principles. The usual causes of internal displacement are, as results of armed conflicts, violations of human rights, and natural disaster. Internal displacement is different with refugees. For refugees who crossed border to another country there was a protection has been regulated under The Convention relating to The Status of Refugees 1951, but for Internally Dis-placed Persons remain within their own countries without legal protection under international law. To fulfill this vacuum, United Nations has stipulated a Guiding Principle on Internal Displacement in 2001.This guidance is can promote international humanitarian law and human rights law. Kata kunci: pengungsi domestik, perlindungan, hukum humaniter dan hak asasi manusia
25 PENEGAKAN HUKUM DI INDONESIA, Sanyoto
The law enforcement shall do correctly and effectively to measure the succeed of the state, particularly in giving protection toward the citizen. The state realize that the law enforcement must related with the the five pillars of law instrument which are law builder, law enforcer, people consciousness, culture and infrastructure which supported. Expedient justify with increasing awareness of law society, so the consequence of building still as cut down action and not fait. Kata kunci : penegakkan hukum, perlindungan masyarakat
26 FAKTOR-FAKTOR YANG MEMPENGARUHI EFEKTIVITAS PANGLIMA LAOT DALAM PENGELOLAAN SUMBER DAYA ALAM LAUT DI KOTA SABANG, Tedi Sudrajat
At Nanggroe Aceh Darussalam Province, regional domination pattern of sea still very strong grow in fisherman society. Therefore, in their society still functioned Panglima Laot that have the function to : defence and observe the sea for regional exploiting. In this case, the authoritative of Panglima Laot, first, maintaining the sea environment as cooperative ownership ( common heritage). Second, arrange the resource management of the sea. Third, give the sanction to the people that collision to rule of the customary law of the sea. In Implementated their function, Panglima Laot have a lot of constraint, such as : the factor of fishing in sea, institution factor, the earningsinstitute factor, regional boundary factor, human resource factor, factor of the weakness management system in effort fishery, and also factor of supply of the traditional arrest. Kata Kunci : Panglima Laot dan Pengelolaan SDA Laut
27 IMPLEMENTASI KEBIJAKAN PERTANAHAN NASIONAL, Supriyanto
Policy of land which formulated in Law Number 5 Year 1960 more knowledgeable with title of UUPA which based article 33 sentence (3) UUD 1945 occupying very strategic position in our law system. Tahunis matter for example because caused by UUPA of nationality values and commendation to carry out life which wiTahun justice social. As policy of public in land area, UUPA have applied more or less 48 years and have experienced of Tahunree important era Tahunat is Old Order era, New Order era and Reform order. During Tahune era confessed Tahunat UUPA various change as influence of difference of mission and vision and policy of governance each order. Implementation policy of public in land area from Tahunree Tahune regime very determine by importance of politics. Tahunerefore in Tahune policy implementation of require to be performed by renewal which wiTahun justice and have prosperity wiTahun decentralization principles, governance good in management of land resource. All Tahunis it is of course for Tahune agenda of reaching Tahune target of nations Tahunat is reaching prosperous and fair society pursuant to Five Principles. Kata kunci : kebijakan tanah
28 IMPLEMENTASI UU NO. 13 TAHUN 2003 TENTANG KETENAGAKERJAAN BAGI TENAGA KERJA PEREMPUAN DI KABUPATEN PURBALINGGA, Rahadi Wasi Bintoro, Riris Ardhanariswari, Rahman Permana
The governmental intervention through law and regulation have brought the elementary change in labour relationship, namely the nature of private and public, so that regulation thet released by government have in such a way broadness, not only in law aspect which relate with the job, but also before and after labour relationship. This concept have accommodated in Law Number 13 Year 2003 about labourness. Law No. 13 Year 2003 have given the arrangement about the protection of law for woman labour, such as the protection of law for underage woman labour, the protection of law for pregnant woman labour and the protection of law in the case of in working and take a rest. But in the other hand, in Law No. 13 Year 2003, there are weakness in giving protection for woman labour. Based on Article 10 sentence (1) and (3) Law No. 32 year 2004 about Local Governance, that besides political business abroad, defender, security, yustisi, fiscal and national monetary, and also religion become the business of local government. For the reason, Local government can release the furthermore regulation such as local regulation and also regent decree, utilize to arrange furthermore about labourness. Kata kunci : tenaga kerja, perusahaan, perlindungan hukum
29 PRINSIP ITIKAD BAIK BERDASARKAN PASAL 251 KUHD DALAM ASURANSI KERUGIAN , Eti Purwiyantiningsih
Everybody has their own risk with their life or their own. The best way to avoid the risk is by sending the risk to another party which has capable to hande it, throught insurance agreement. This insurance has many purposes such has taken over the risk to others. In insurance the participant has obligation regulation in 251 KUHD in which determined that all of the statement both true or false or all of the condition has known by participant as a reflection of honesty by participant, it can will not an agreement based on the same qualification it there is know by participant the agreement will be canceled. In the indemnity insurance as 251 KUHD there is no fully application because there is still touty at the good faith, it means that the agreement will cancel because of no good faith from the participant, therefore it will be canceled Kata kunci : itikad baik dan asuransi kerugian.
30 TUJUAN DAN MANFAAT PERJANJIAN PERKAWINAN, Haedah Faradz
Societal perception which still consider dim towards Marriage Agreement makes Marriage Agreement seldom doing by layman. This case happens because Marriage Agreement considers does not ethic, and even does not fit with oriental custom. Actually Law No.1 Year 1974 concerning Marriage law has not yet cleared to arrange Marriage Agreement, it only declares that both parties that is husband and wife, article 29 Law No.1 Year 1974 mentioned above can conclude that inscribed Agreement which mentioned is Marriage Agreement. In fact Marriage Agreement carries a nice purpose and profit, because it is a preventive action to simplify distribution of their property. Kata kunci: Perkawinan dan perjanjian
31 TEROBOSAN HUKUM MAHKAMAH KONSTITUSI(Analisis Tentang Putusan MK Nomor: 41/PHPU.D-VI/2008), Muhammad Fauzan
Decision of Constitutional Court of Republic Of Indonesia Number 41/PHPU.D-VI/2008 is law breakthrough / invention of law ( rechtsvinding) because judge is not funnel of law, Judge have freedom in verdicting is reflection of independence / freedom of judge based on justice values and living law which growth and expand in society. By tekstual decision of Constitutional Court Number 41/PHPU.D-VI/2008 earning isn't transgression because reason of consideration of judge command the Lokal Commission of General Election of East Java to execute re- balloting can be concluded do not fulfill clauses as based in Section 219 sentence ( 1) and ( 2) of The 2008 General Election Code Number 10, and have potency to impinge rule of Section 233 sentence (3) of The 2008 Local Government Code Number 12 Second Change of The 2004 of the Local Government Code Number 32. Kata Kunci : Terobosan Hukum
32 PERLINDUNGAN HUKUM BAGI KORBAN BANK GELAP, Hibnu Nugroho
In explanation from Article 18 Constitution Number 18 Year 1998 concerning Banking, it mention that any fund retrieving from society by anyone is an action that need be monitories, this need to done because a lot of funds from the society has been retrieved by those fund retriever. In few last years, we often see may funds retrieving from society that end up with many victims. Mostly, the victims suffer lost of materials. Penalty that gave to the criminal become not important because law in Indonesia that rule about restitution could not be applied maximally. That only wish from the victims are that they will get their money back, but for law enforcer, that the firs action need to be done is to prevent the criminal from escaping., hiding the evidence and prevent anymore victims. Those two opposed interest should not be happen because one purpose of penalty is to keep the balance in society from losing. Kata Kunci : Bank gelap, korban, ganti rugi
33 INCEST SEBAGAI BENTUK MANIFESTASI KEKERASAN TERHADAP PEREMPUAN , Dwi Hapsari Retnaningrum
Incest is another form of gender-based violence, more specifically a manifestation of violence against women. Categorized as crime under the existing law, there is a strong need not only to suppress this conduct but also to give justice to the victims. At this context, the legal policy to suppress incest can be divided into two main themes. Firstly, is to protect the citizens so that they will not be a victim of incest. Secondly, is to realize the right of victim of incest such as compensation, restitutions et cetera as have been regulated by the law. In addition, this paper recommends non-penal approach to reduce the number of incest. Kata kunci : gender-based violence, incest
34 PENEGAKAN PERADILAN PIDANA ANAK DENGAN PENDEKATAN HUKUM PROGRESIF DALAM RANGKA PERLINDUNGAN ANAK, Setya Wahyudi
Law enforcement with progressive law approach was very fit to implements in juvenile justice enforcement, because juvenile juctice enforcement more signalyzed at juvenile protections interest. The relevance of proressive law enforcement with juvenile justice system in Indonesia, relied on the aim of juvenile justice system and with the existence of arrest rule, detention and penals fallout as effort and the form of sanction to juvenile, which can in treatment form which laid in juvenile justice constitution. Desire of criminal law enforcement with the progressive law approach in juvenile justice system in Indonesia not yet been fully conducted, this matter is known by the police, attorney, and judge tendency, which still hold on positivistic view, so that criminal law enforcer tend to do some detention to the juvenile constitution, while sanction fallout with an eye for child protection and prosperity not yet become the especial consideration. Kata kunci: pendekatan hukum progresif, Juvenile Justice System, perlindungan anak
35 PENGUKURAN LEBAR LAUT TERITORIAL MENGGUNAKAN GARIS PANGKAL MENURUT UNCLOS 1982 DAN PENERAPANNYA DALAM HUKUM INDONESIA, Eva Johan
Arrangement of concerning wide determination the territorial of sea is conducted by withdrawal the jetty lines that done by harmonizing the regulation of the stipulating the useful of the archipelago jetty lines that matching with region of NKRI by positive law instrument of Indonesia. But which require to be reemphasized is Indonesia obligation to make a map of the regional border line of Indonesia, because till in the end Indonesia still use the illustrative map that made in the 1960 year. The government of Indonesia have to immediately make the map of the region of Indonesia by using dot co-ordinate of the jetty lines of Indonesia archipelago which have been specified according to PP No.37 year 2008 to take care the sovereignty of Indonesia. Kata kunci : pengukuran lebar laut territorial, garis pangkal dan hukum Indonesia.
36 IMPLIKASI PENOLAKAN LAPORAN KETERANGAN PERTANGGUNG- JAWABAN KEPALA DAERAH DALAM PERSPEKTIF HUKUM TATA NEGARA, H.A. Komari
The Format of Indonesia Local Government that change with implementation Law Number 32 year 2004 concerning Local Government replaces Law Number 22 year 1999 concerning Local Government, the one of consequence change that is about responsibility the leader of local government. In implementation Law Number 22 year 1999 concerning Local Government, the leader of local government is responsible to DPRD as a local parlement with mechanism Responsible Report. DPRD as a local government have a authority to give and punish if a Responsible Report accepted or rejected with implicated the leader of local government can be impeacthment. The important point in implementation in Law Number 32 year 2004 concerning Local Government, with the simetris position like a partenership between leader of local government and DPRD as a local parlement is nothing implication of law with rejected to Progres Report the Leader of Local Government, as a like impeacthment, to claim in court or punish can not able to be a candidat in leader of local government in the next election. Kata kunci: Laporan Pertanggungjawaban, Kepala Daerah, Pemerintahan Daerah
37 KEWAJIBAN PEGAWAI NEGERI SIPIL MEMILIKI NOMOR POKOK WAJIB PAJAK (NPWP) , Sri Hartini
Public servant represent one of is one of the tax subject, the public servant must have NPWP. The criterion for officer to make the NPWP minimum of faction is II A and officer of private sector that have income 1,1 million rupiahs. Tax is foreign exchange of the country. Because of Public servant considered to be a dominant taxpayer, so Public servant obliged to have the NPWP. NPWP is an registration form that given by Office of tax service to the personal people or company that registering its self to be confirmed as taxpayer which is used as identification or identity of taxpayer. As administration tools, NPWP is important and useful for taxpayer and Office of tax service, so office of tax service try gift NPWP that can be conducted by easily and modestly. If the data have complete, so the NPWP can did only on thirty minute . For public servant that do not execute this rule, it will be considered to be collision discipline of public servant ( PP. No. 30 Year 1980) Kata kunci : kewajiban PNS memiliki NPWP
38 IMPLEMENTASI UNDANG-UNDANG NO 28 TAHUN 2004 PERUBAHAN ATAS UNDANG-UNDANG NO 16 TAHUN 2001 TENTANG YAYASAN, Sukirman
Government to guarantee certainty and orderliness of law, hence there is effort to purify again deviation to purpose and objectives of is forming of institution. Therefore institution to purposes and objectives of is forming of institution. Therefore institution old ones its existence remain to confess as legal body, on condition that have been registered in district court and announced in Addition Official Gazette Republic Of Indonesia and also have permission conduct activity of related/relevant institution. That way also institution as company which is legal body and domicile in unity state republic of Indonesia region, hence is obliged to be registered at list company. Beside that institution as taxpayer and can conduct commercial business unit, hence institution is obliged to pay for lease of income. This obligation will vanish if institution obtain;get earnings of contribution, donation, and communal ownership. Kata kunci : daftar perusahaan, pajak pendapatan
39 PERANAN KPPU DALAM MENEGAKKAN UNDANG-UNDANG NOMOR 5 TAHUN 1999 TENTANG LARANGAN PRAKTEK MONOPOLI DAN PERSAINGAN USAHA TIDAK SEHAT, I Ketut Karmi Nurjaya
Law No. 5/1999 regardingthe prohibition of monopoly practices and unfair Businesss Competition has been established on 5 March 1999 and was effective on 5 September 2000. Through the establishment of Law No 5/1999 it is hope that fair competition will be created, therefore market economy will rise effectively. The implementation of Law No.5/1999is entrusted to and implemented by Komisi Pengawas Persaingan Usaha/KPPU (Supervisory Commission for Business Competition) that has already been established through Presidential Decree No. 75/1999 about Komisi Pengawas Persaingan Usaha.The role that can be taken by KPPU is taking action in accordance with the out bority of the commission as reffered to in article 36 especially in concluding the result of investigation and/or examination whether there are or are not any monpoly practices and/or unfair busines competition, also deciding and determining whether or not there has been any loss inffered by other business actors or public. Kata kunci: Peranan KPPU, Praktek Monopoli
40 PERJANJIAN PEMBORONGAN PEKERJAAN (OUTSOURCING) DALAM HUKUM KETENAGAKERJAAN , Siti Kunarti
Arrangement concerning of outsourcing in Law Number 13 Year 2003 concerning Labour, at one side have opened opportunity of new companies appearance which active in service, and on the other side, have enabled companies which have stood to do efficiency through exploiting of service company of outsourcing to product selected service or products which do not in direct corollation to especial business of company. There is no definitive measure him to determine especial as profession and not especial become the reason of justification for entrepreneur to execute outsourcing business regulasi the clearness in execution of harmless outsourcing in job relation. Kata kunci: outsourcing
41 PENEMUAN HUKUM IN CONCRETO DALAM KEBEBASAN BERAGAMA DAN BERKEYAKINAN , Alef Musyahadah Rahmah dan Tedi Sudrajat
The implementation of freedom of religion and beliefs have many problems. it can be recognize by many regulation that not synchronized. Based on the research, to find in concreto law, researcher using the general principles of legal drafting. Lex superior derograt legi inferiori between article 28-29 UUD 1945 with Law No.1 Year 1965 jo Law No.5 Year 1969, Lex Specialist derograt legi generali between Law No.39 Year 1999 jo Law No.12 Year 2005 with Law No.1 Year 1965 jo Law No.5 Year 1969, and Lex posterior degograt legi priori between Law No.39 Year 1999 jo Law No.12 Year 2005 with Law No.1 Year 1965 jo Law No.5 Year 1969. Kata kunci: Hukum in Concreto, Asas-asas umum peraturan oerundang-undangan dan kebebasan beragama dan berkeyakinan
42 MUTUAL LEGAL ASSISTANCE TREATIES (MLATs) SEBAGAI INSTRUMEN PEMBERANTASAN KEJAHATAN INTERNASIONAL, Noer Indriati
International contractual law is an order which must respect and adhered by pertinent of the parties in agreement. The formal and informal relation between the citizen or corporate have very intensively. International badness which pass boundaries jurisdiction of the state have increase in the form which is sophisticated and the frequency which progressively often. Because of international badness which have more progressively is needed cooperation between the state which it is more coordinated as straightening of law. Mutual Legal Assistance Treaties (MLATS) emerge because eradication of insufficient badness upheld by agreement of extradition. Form of Mutual Legal Assistance Treaties (MLATS) have agreed on, for example United Nations Convention Against Corruption Year 2003, United nations Conventions Against Transnational Organized Crime Year 2000. While in the level of ASEAN, Treaty Mutual Legal Assistance in Criminal Matters year 2004. Kata kunci: kejahatan internasional, perjanjian internasional
43 AGRESI ISRAEL TERHADAP PALESTINA PERSPEKTIF HUKUM HUMANITER INTERNASIONAL , Aryuni Yuliantiningsih
Israels agrresion to Palestina has international reactions because of enormous victims caused by that action, whom mostly were civilians. According humanitarian law, Israels agression to Palestina had breached humanitarian law principles, there are : humanity principle, limitation principle and distinction principle. Israel has done war crimes so international society asked how Israel can be justiced ? There are three mechanism to enforce humanitarian law. First, the contracting parties of Jeneva Convention State to enact any legislation neccessary to provide effective penal sanction for person committing or ordering to be comitted any of the grave breaches , second by ad hoc tribunal and third by International Criminal Court, but it is rather difficult to prosecute Israel because Israel dont ratificate Roma Statuta 1998. Kata kunci : Agresi Israel, Palestina
44 PERWUJUDAN GOOD GOVERNANCE MELALUI FORMAT REFORMASI BIROKRASI PUBLIK DALAM PERSPEKTIF HUKUM ADMINISTRASI NEGARA, Tedi Sudrajat
Law Administration is being developing in atmosphere that governmental start to arrange the society in law aspect. It is impact with governmental orientation that to create development in society. Then generate implication in the form of usage a set component, element, or element of subsystem with all his attribute, where which one another and each other interconnected, and interdependent so that in its entirety is a[n integrated unity or a[n totality, and also have specific-purpose or role among the law system and state administrate system. In this article will be explained about a set component, element, or element of subsystem to influence Law Administration State by good governance in materialization of public bureaucracy reform in Indonesia. Kata Kunci : Hukum Administrasi Negara, good governance dan reformasi birokrasi publik
45 TRAFFICKING: SUATU STUDI TENTANG PERDAGANGAN PEREMPUAN DARI ASPEK SOSIAL, BUDAYA DAN EKONOMI DI KABUPATEN BANYUMAS , Hj. Siti Muflichah dan Rahadi Wasi Bintoro
Trafficking or people commerce is a recruitment, transportation, reception centre, sending, moving or reception somaone with threat, harshness, abduction, forgery, deception, abuse of power, trapping of debt or giving payment or profit, so get approval from people holding to conduct of others, both for conducted in inter-states and state for ceploittation or result people exploited. From understanding above, hence form trafficking can in the form of labor migran legal also illegal, worker of hausehold, worker of commercial seks, wedding orger, spurlous child adoption, beggar, pornography industry, circulation of forbidden drug and sale of body organ. Pursuant to research result, trafficking form that happened Banyumas is expressed. Its for ecample that is husemaid labour of migran and worker of commercial seks. Form of him not yet been expressed. Cause factor the happen of trafficking is economic factor or poorness, education which relative lower, patriakhi culture who then push woman motivate to fulfill requirement of economics and fulfill the him of as especial entrpreneur. The trafficking victims less get protection of law, this matter is caused by law and substanstion regulation completely arrangen protection to victim. The adjacent is theoretically conducted in three aspects, its relocation, repatriating, and reintegration, but not all victims get adjacent pattern. Kata kunci : trafficking, perlindungan hukum, perantara, korban
46 CONTEMPT OF COURT (KAJIAN TENTANG IDE DASAR DAN IMPLEMENTASINYA DALAM HUKUM PIDANA), Ruby Hadiarti Johny
Contempt of Court historically comes from Common Law in England where as it represents the king as the God Representative in the world to punish whoever against its commands and prohibitions. The term of Contempt means indignity so contempt of court means an action insulting the board of court. The researcher is interested in the Contempt of Court research in Indonesia since there are a lot cases which could be qualified as Contempt of Court but the regulation has not been clear enough. The data needed are secondary data and supported by the primary data got from interviews with the experts of criminal law. The result of the research shows that the basic idea of the contempt of court managed in the criminal code is closely related with and afford to promote the high authority and privilege. Contempt of Court in Indonesia is implemented in the articles which spread out of the Criminal Code especially offences related with rechtspleging and draft of law of criminal code which has been directed on its chapter itself namely Chapter VI about crime act on holding the judicature from the article 325 up to 335 of draft of law of the Criminal Code. The conducts which could be classified as the contempt of court is now days essential in Indonesia to keep the authority and privilege of justice institution to take action againts the actors of contempt of court to apply the articles of Criminal Code. Kata kunci : melawan hukum, sistem hukum
47 KAJIAN TERHADAP PROSES PENYELESAIAN PERKARA KEPAILITAN DAN PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG DI PENGADILAN NIAGA JAKARTA PUSAT , Theresia Endang Ratnawati
Law No.4 Year 1998 is not yet accomodate the importance of corporate in the world. To soving the constraint in applying of Law No. 4 Year 1998, the government have released Law No. 37 Year 2004 that concerning Bankrupt and Postponement of Obligation To Pay Debt in the place of Law No. 4 Year 1998. in the other side, the released of Law No.37 Year 2004 not yet earned the enthusiasm of the creditors to go through bankrupt process to finishing loan that stuck from [all] his debitors. Pursuant to the research, it can be concluded that amount of the cases of bankrupt is influenced by subtantion of law that arranging bankrupt, institute performance/ commisioned functionary that handle bankrupt case and asset of recovery of the bankrupt process. Result of lowness asset recovery and process of solving the case of bankrupt which is relative long will be degraded the enthusiasm of the creditor to finish the receivable of passing bankrupt process. Kata Kunci: Kepailitan, Asset Recovery
48 PENGANGKATAN ANAK MENURUT HUKUM ISLAM, Haedah Faradz
During the time application of child become power of district court very Islam. Law number 3 year 2006 concerning change of law number 7 year 1989 concerning Islamic court, giving power to justice of religion to accept, to checking, and judging and also of child genesis and lifting of child pursuant to law of Islam. Stipulating of lifting of child pursuant to Islamic law by justice of religion do not decide contractual terms or lineage relation / link with old fellow contain him. foster child judicially remain to confess as child contain from old fellow contain him. Foster child in law of Islam nor make that foster child as child contain or likened by the child him and rights of like child contain and illegal foster parent become sponsor do woman foster child marry. Kata Kunci : adopsi, Hukum Islam
49 KEWENANGAN BIDANG PERTANAHAN DALAM PELAKSANAAN OTONOMI DAERAH , Supriyanto
Implementation of regional autonomy that is now almost up to enter the age of 10 years can reap a lot is said to have problems. One of the issues that must be addressed immediately is the problem of authority land. According to Law No. 5 th 1960, land is the task of the government (central government) while the provisions in Law No. 32 year 2004 field of land is the authority that has been submitted to the district / city. This course of action necessary for the second sincrinicity regulations are. Based on the approach to the legislation can be concluded that the authority has been the occurrence of land disputes as a result of dissincronicity regulations. For that they need to be made immediately the implementation of Tap MPR No. IX Th 2001 on Agrarian reform and the Management of Natural Resources in the Field of Land. Kata Kunci: kewenangan, sinkronisasi
50 PERKARA PERCERAIAN YANG DIPUTUS DENGAN VERSTEK, Sanyoto
The court changed the divorce of a model and also an announcer Andhara Early to her husband Chesa in the Islamic Court of south Jakarta. This divorce was granted by the justice of the supreme court. This case is very interesting because the accused whom his place has been known and has been called three times properly kept his mind not to attend on the court session. Although has been called properly according to the article 125 HIR/149 RBg the absent of the accused on the court session gave the authority to the judge decided his thought vertically.His thought of the decision was depended on the accusation which is proposed on the court session and was supported by the rational argumentation of accusation. The Authentication from the plaintif ascertained the judge that the rational argumentation could be proved, with the result that the judge granted the accusation of divorce.This cose showed that the process of the court meeting by the absent of the accused made the divorce went fast. Kata Kunci : cerai, Verstek
51 PENDEKATAN HERMENEUTIK DALAM PENEGAKAN HUKUM (UPAYA DEKONSTRUKSI TERHADAP POSITIVISME HUKUM) , Hermansyah
Law enforcement is one of great problem in our development country. Law itself; often misused by agent of law enforcement, likely police, attorneys even judge. If its traced, that the beginning problem is the strong of positivism as paradigm in life of law, where the law itself only as state of law where the interpretation of law stressing on certainty only. Hermeneutics, especially critical hermeneutic, an offered in law enforcement. Kata Kunci: Penegakkan hukum, positivism dan hermeneutik
52 MODEL PERADILAN RESTORATIF DALAM SISTEM PERADILAN ANAK(Kajian tentang Praktik Mediasi Pelaku dan Korban dalam Proses Peradilan Anak di Wilayah Hukum Balai Pemasyarakatan Purwokerto) , Angkasa, Saryono Hanadi, dan Muhammad Budi Setyadi
Legal fundament of implementation of restorative justice in the phase investigation of juvenile justice system in Indonesia stated in article 5 sentence (1) Law No. 8 Year 1981 concerning KUHAP; article 42 Law No. 3 Year 1997 concerning juvenile court, article 16 sentence ( 1) letter (l), sentence (2) and article 18 Law No. 2 Year 2002 concerning Police Department of Republic of Indonesia, Confidential Telegram of Kabareskrim No. Pol. TR/359/DIT,I/VI/2008. Mediation Perpetrator and Victim in the course of Jurisdiction of Child in jurisdiction territory of prison in Purwokerto, in the form of peace among victim and perpetrator of this child, is conducted in inspection phase, is in prosecution phase and inspection of justice have never been conducted by mediation. Implementation of Mediation in case of child in Jurisdiction territory of Bapas Purwokerto, not yet earned a Restorative Justice Model. This Matter is based on fact that goals of this mediation practice tend to only aim to decontrol continuation. Kata kunci: Juvenile Justice System; Restorative Justice Model; Mediation; prison.
53 MODEL PERADILAN RESTORATIF DALAM SISTEM PERADILAN ANAK (Kajian tentang Praktik Mediasi Pelaku dan Korban dalam Proses Peradilan Anak di Wilayah Hukum Balai Pemasyarakatan Purwokerto) , Angkasa, Saryono Hanadi, dan Muhammad Budi Setyadi
Legal fundament of implementation of restorative justice in the phase investigation of juvenile justice system in Indonesia stated in article 5 sentence (1) Law No. 8 Year 1981 concerning KUHAP; article 42 Law No. 3 Year 1997 concerning juvenile court, article 16 sentence ( 1) letter (l), sentence (2) and article 18 Law No. 2 Year 2002 concerning Police Department of Republic of Indonesia, Confidential Telegram of Kabareskrim No. Pol. TR/359/DIT,I/VI/2008. Mediation Perpetrator and Victim in the course of Jurisdiction of Child in jurisdiction territory of prison in Purwokerto, in the form of peace among victim and perpetrator of this child, is conducted in inspection phase, is in prosecution phase and inspection of justice have never been conducted by mediation. Implementation of Mediation in case of child in Jurisdiction territory of Bapas Purwokerto, not yet earned a Restorative Justice Model. This Matter is based on fact that goals of this mediation practice tend to only aim to decontrol continuation. Kata kunci: Juvenile Justice System; Restorative Justice Model; Mediation; prison.
54 EFEKTIVITAS SANKSI PIDANA PAJAK DALAM UNDANG-UNDANG NOMOR 28 TAHUN 2007 TENTANG KETENTUAN UMUM DAN TATA CARA PERPAJAKAN (Studi di Pengadilan Pajak Jakarta) , Tri Wibowo
One effort of realizing independence of nation in defrayal of development is find the source of fund that coming from tax. But, there are behavior of tax evasion that manipulated by legal subject and object of tax for to get thrift of tax by doing contempt of court (unlawful), and manipulate the tax is coherent virus (inherent) in each tax system that applying in every jurisdiction. Based on research result, applying of sanction in the case of manipulate of tax is not yet effective, because not all that order in the norm did, for example bookkeepings not true and not yet had NPWP. Therefore, the policy formulation of crime sanctions in Law Taxation and also there must be support society and from government enforcers, so application of sanction of crime in taxation area can effectively did it. Kata Kunci : Pajak, Penggelapan Pajak, efektivitas sanksi pidana
55 ASURANSI KESEHATAN BERDASARKAN UNDANG-UNDANG NOMOR 3 TAHUN 1992 , Arief Suryono
Health insurance according to the Law No. 3/1992 obout the social employment guarantee which consist of responsiver and the addressee and health service provider is the health social insurance which is aimed to give the health care guarantee toward the addressee that is enterprenaur and worker. The law relationship which is consisted between: Responssiver-Addressee is the insurance relationship; Responssiver-Health services provider is the user of health service belong to the health service provider toward to the addressee; Health services provider-Addressee is gives the health service to the addresse is patient. The responsibility of the responssiver toward the addressee is to give the health care insurance to the addressee gives the health service provider for the importance of the addressee. Kata Kunci: Asuransi Kesehatan
56 FUNGSI LEMBAGA PEMASYARAKATAN SEBAGAI TEMPAT UNTUK MELAKSANAKAN PEMBINAAN DAN PELAYANAN TERPIDANA MATI SEBELUM DIEKSEKUSI , Budiyono
Penitentiary was a place to conduct coaching Educate Prisoners and Child Socialization. There are pro-death penalty views (Retensionist) and cons of death penalty (abolitionist) on the existence of death penalty and execution. This issue is causing problems from the aspect of regulation that is the basis of service provision on death row since capital punishment on all the services there are no specific rules. The problem is the placement and service must be performed by the prisons before the execution on death row, before it is executed on death row man alive who is naturally still have rights that must be protected as a right to physical care and health until the corresponding executable , including also get their rights, as for the rights referred to was referring to the provisions of Article 14 of Act No.12/1995 about Correctional. Kata kunci : Lembaga Pemasyarakatan, Pidana mati, Peraturan khusus
57 ASPEK PERLINDUNGAN ANAK DALAM TINDAK KEKERASAN (BULLYING) TERHADAP SISWA KORBAN KEKERASAN DI SEKOLAH (Studi Kasus di SMK Kabupaten Banyumas) , Muhammad
Children is nation future asset and router generation dream of nation, so children is entitled to the continuity of life, grow, and expand, participating and entitled of protection from discrimination and also have civil rights and freedom. These days there are aggressive behaviors and depress to the children, in the form of physical action and bullying that happened in education environment start from base level till college. From research result, physical bullying counted 9 times; verbal bullying counted 14 times and of bullying physical/ mental counted 8 times. This Bullying done by psychical and verbal. Bullying cause separate impact for student. Legal protection of student at school arranged in Law No.32 year 2002 concerning Protection of child. Kata Kunci: anak, bullying, perlindungan hukum
58 UPAYA MEMERANGI TINDAKAN PENCUCIAN UANG (MONEY LAUNDRING) DI INDONESIA , Edi Waluyo
The problems of prevention of money loundry is not easy and simple problem, world power Problems of prevention of wash of money is not easy and simple problem, even for international. At this millennium, the phenomenon fight money laundry is improving which in international scale by various states, and in domestic level. The international effort is not only emphasizing to the making of law and regulation that instructed to fight crimes organized especially trafficking, drug organized but also other various crime. Indonesia effort to fight in money laundry by gradual through two policy of law, that is with prevention approach in banking law such as Knowing Your Customer Principle and policy of Criminal law as repressive approach in money laundry as arranged in Law No. 15 Year 2002 jo Law No. 25 Year 2003. Kata Kunci : money laundering, Knowing Your Customer Principle.
59 PENEGAKAN HUKUM LINGKUNGAN ADMINISTRATIF DALAM UNDANG-UNDANG PERLINDUNGAN DAN PENGELOLAAN LINGKUNGAN HIDUP , Kartono
General population growth has increased with increasing environmental risk and high consumption of chemical-based products. This condition requires the need for environmental laws tougher life than before. Therefore, on 8 September 2009 and then, the House has passed the bill Protection and Management of the Environment into law. One of the new things in this legislation is the creation of a new type of license, i.e environmental permit. The aim is to strengthen the supervisory authority of the Ministry of Environment protection and environment management. However, the law does not regulate the supervision institutions, so that the authority is structurally integrated into the existing institutions. With such authority, the government should reform the laws and regulations which can substantially support the performance monitoring, both regarding the amount of oversight, supervision and frequency standards of supervision. But on the other aspects of supervision as a form of preventive law enforcement is also facing challenges related inconsitency legal terminology in its formulation. It is necessary for creativity in its application of law enforcement so that law enforcement process does not face constraints in the implementation means. Kata Kunci : pengawasan, izin lingkungan, penegakan hukum
60 PENEGAKAN HUKUM NETRALITAS PEGAWAI NEGERI SIPIL (PNS) , Sri Hartini
Basically, the substance of democracy is the existence of role/active participation in the governance based on independence, equality and freedom. Somehow in new era, this strategic position of public servant was used by political party which finally makes political problems in the conception of law enforcement and makes confusedness to the role of public servant. Finally, the government make coherent regulation concerning with the neutrality in the public service law. Arrangement of public service neutrality, arranged in article 3 sentence (2) and sentence (3) Law No. 43 Year 1999 and Government Regulation No. 37 Year 2004 concerning prohibition order of public servant becoming political party member and official member. The regulation only arranging concerning public servant becoming member and official member of political party, while public servant which was nonmember of political party, what exactly more loyal in political party not yet been arranged in that regulation. The regulation which straightening of neutrality arrange in the preamble which public servant that impinge this regulation not yet arranged to collision, though sanction to this regulation was riffed as public servant, for public servant that becoming member and official member of political party. Keywords: Neutralities, political party, law enforcement.
61 KUALITAS SUMBERDAYA MANUSIA MENENTUKAN KEMAJUAN SUATU NEGARA , Johannes Suhardjana
A common way of saying forward state if the country concerned can show technological and industrial goods. Excellence in the industrial field is parallel with the quality to absorb or to discover something new that is used to enchane the added value of natural resources available which will increase the welfare state. The ability to absorb and discover not will be maintained with any legally experts in the field of intellectual property rights of the human resources will not be useful enough if it is not set for a high benefit for society and the nation as whole because this is the result of the culture of human life. Human resources if be managed properly will be able to determine the progress of a nation. Kata kunci: teknologi, industri, sumberdaya manusia, sumber daya alam, negara kesejahteraan
62 PERSPEKTIF HUKUM DAN KEADILAN TERHADAP KASUS BUAH RANDU DI KABUPATEN BATANG , Waidin
Human needs society to socialize and to maintain the orderliness in the society required norms as guidelines. One of these norms is legal norm that not only written law but also an unwritten law such as customary law and customs of society. The main purpose of law is justice, because it can maintain relationship with the community. Therefore, law enforcement officer carrying out their duties to make justice, not merely apply the law texts for the sake of legal certainty. In the case of cotton fruits, judges prefer to the certainty of the law rather than justice. The judge did not consider the habits of the local community, thats why the perpetrator felt unfairly treated. To create justice in the society, judges should not only guide by the law text but must also consider the habits of the local community. Keywords: Law, justice and legal certainty
63 ANALISIS PUTUSAN HAKIM NOMOR: 113/Pid.B/2007/PN.Pml TENTANG TINDAK PIDANA PENYALAHGUNAAN NARKOTIKA , Saryono Hanad
Decree Number: 113/Pid.B/2007/PN.Pml relating with the case of abuse of narcotic that conducted by Bambang Suroto alias Gentolet bin Rifai. In this case, public Prosecutor assert with laminated assertion which are Primer Assertion by article 81 sentence (1) letter a Law No.22 Year 1997 and subsidiary assertion by article 85 letter a Law No.22 Year 1997 concerning Narcotic. In this case, the decree cannot be told as a progressive decree because it not considering article 47 Law No. 12 Year 1997 concerning Narcotic. Judge ought to be considering the way to solve the problem by commanding the defendant to have the rehabilitation as a prevention without punishment to influencing views of society on crime. Keyword: abuse of narcotic, progressive decree and rehabilitation
64 STUDI PERKEMBANGAN SUBSTANSI KUTIPAN AKTA PERKAWINAN BAGI NON MUSLIM SETELAH BERLAKUNYA UNDANG UNDANG NOMOR 1 TAHUN 1974 PADA DINAS KEPENDUDUKAN DAN CATATAN SIPIL KABUPATEN BANYUMAS, Trusto Subekti
Article 2 paragraph (2) Law No.1 of 1974 stated that every marriage must be recorded as evidence of the Marriage Certificate issued. Viewed from the aspect of history, marriage records still reflect the political classification of residents based on the Civil Ordinance for the European group No. S.1849. 25, Civil Ordinance for the Chinese S. No. 1917. 1919 No. 130 Jo. 81, Civil Ordinance for class citizen Christian Original S. No. 19,330. 1936 No. 75 Jo. 607. In Indonesia the law of political developments have led to no longer recognize classification population. Since 1966, has issued instructions of the Cabinet Presidium Ampera No. 31/U/IN/12/1966 and followed-up by the Presidential Decree No.12 Year 1983, and finally Law No. 23 Year 2006 concerning Population and Administrative and Regulation No.37 Year 2007 as its implementing regulations. Recording of marriage is a state of institutional behavior and decision or reflect the will of the state establishment, and the product of a decision or other form of establishment of the Marriage Act and Marriage Act quotation. If the Marriage Act's passage can be read law and political unknown and the state of institutional readiness in implementing its mission. This study aims to determine the development of the Marriage Act Excerpt substances, particularly applicable to non-Muslim population The approach used in research is a normative juridical and the results obtained is that the study of the development of the Marriage Act Excerpt substance for non-Muslims in touch with the historical aspects that show the existence of variation. Keywords: Growth, Quotes Marriage Act, Non-Muslims
65 KEDUDUKAN GADAI SYARIAH (RAHN) DALAM SISTEM HUKUM JAMINAN INDONESIA , Budiman Setyo Haryanto
Rahn according to Islamic Law is a guarantee institution used in Syariah Bank. Based on the existence, Rahn legal construction has similar traits to the legal construction of pand (Gadai) according to Civil Code. Those traits are consisting of an accessory transaction for the main transaction as a monetary transaction, an moveable object for its guarantee, a principle of in-bezitstelling, a preferent creditor for payment for its debt. Therefore, all regulations for pand (gadai) can be applied to Rahn with analogical interpretation. Keywords : Rahn, pand, Islamic Law
66 PENERAPAN ASAS PACTA TERTIIS NEC NOCENT NEC PROSUNT BERKAITAN DENGAN STATUS HUKUM DAERAH DASAR LAUT SAMUDERA DALAM (SEA BED) , Aryuni Yuliantiningsih
International ocean seabed area out of national jurisdiction recognized as a common heritage of mankind. Its regulations under International authority based on UNCLOS 1982. UNCLOS 1982 didnt universal acceptance because there are several states unwilling consent to be bound by a treaty. In the law of treaty there is pacta tertiis nec nocent nec prosunt principle, means a treaty does not either obligations or rights for a third State without its consent. Nevertheless, rules in a treaty becoming binding upon on third states through international custom and there is a principle has character erga omnes Key Words: pacta tertiis nec nocent nec prosunt principle, legal status, ocean seabed, erga omnes
67 PERJANJIAN INTERNASIONAL OLEH DAERAH SEBAGAI KEWENANGAN OTONOMI DAERAH, Noer Indriati
Law number 32 year 2004 on Regional Government suggests need to do adjustment authority implementation Foreign Relations and Cooperation. Along with the entry into force of the regional autonomy act, the policy of foreign relations and diplomacy by the Central Government, among others, also aimed at empowering and promoting regional potentials. The freedom to conduct foreign relations and cooperation, did not rule on the future more increased in line with the will of Autonomous District and the City to obtain added value for the Autonomous Region concerned. The mechanism of cooperation carried out in consultation with and coordination of the Ministry. Keywords: treaty, sisters city and sisters province
68 PENGHAPUSAN PENDAFTARAN MEREK BERDASARKAN GUGATAN PIHAK KETIGA , Agus Mardianto
The right of a trademark is an exclusive right granted by government. A registered trademark can be cancelled from the General List of Trademark. Cancellation of registration of a trademark can be claimed by a third party through a dispute to a Commercial Court based on article 61 paragraph (2) letter b of Trademark Law 2001. This research is aimed at studying the use of article 61 paragraph (2) letter b of Trademark Law 2001 as the base of dispute for cancelation of the registration of a trademark by a third party, and studying the legal consequences of a trademark cancelation. A qualitative juridicial normative method with descriptive analyses approaches was used to analyze secondary data derived from documents of decisions of Commercial Court of Central Jakarta Number 06/Merek/205/PN.Niaga.JKT.PST and documents of decisions of Supreme Court of the Republic of Indonesia Number 031K/N/HaKI2005. The result of the research showed that the application of article 61 paragraph (2) letter b of Trademark Law 2001 for the base of decision of the judges of Commercial Court of Central Jakarta was inappropritate. In judging at the use of a trademark, the judges only looked at the inconsistency of writtting styles or fonts or colours, but not taking into considerations of the purpose and intention of the parties that claimed the dispute. Cancelation of regitration of a trademark based on the dispute of a third party automatically resulted in the termination of legal protection of the related trademark. Keywords: trademark, cancelation of a trademark, third party, good intention, Commercial Court
69 KRITERIA TANAH TERLANTAR DALAM PERATURAN PERUNDANGAN INDONESIA , Supriyanto
When the State grants the person or legal entity is always accompanied by the obligations set forth in the BAL and the decision letter granting rights. Therefore prohibited from abandoning their land rights holders, and if the rights holders to abandon their land, the BAL has set the legal consequences of the disappearance of the relevant land rights and legal termination and affirmed as the soil directly controlled by the State. Criteria for determining the land has been abandoned, both under Customary Law, Islamic Law, Agrarian Law, Government Regulation No 36, 1998 and also No. 11, 2010 is substantially the same which includes wasteland Object land rights, land rights and management that have a basic mastery land; These lands are not cultivated, not utilized or not utilized in accordance with the circumstances, or the nature and purpose of the rights or basic mastery Therefore land should be maintained. To determine whether a field or farm land has been declared abandoned, the only criterion according to customary law used a specific period. Keywords: Wasteland, State, Rights Holders, A Result Of Law, Land Tenure
70 IMPLEMENTASI PP NO. 27 TAHUN 1998 TENTANG PENGGABUNGAN PELEBURAN DAN PENGAMBILALIHAN PERSEROAN TERBATAS DENGAN BERLAKUNYA UU NO. 40 TAHUN 2007, Sukirman
Incorporated Company is one of the most preferred form of the Company by Entrepreneur and holds an important role in mobilizing the National Economic Development. To develop incorporated company to become a healthy business, can be reach by the expansion that can be done through Merger, Consolidation and Acquisition. From those three forms, takeovers is considered more practical and profitable for the company to develop their business, because there are no company that merged or disbanded. In the implementation, the enactment of Law Number 40 Year 2007 concerning Incorporated Company are not followed by the promulgation of Regulation of the implementation of the Act. This causes the interested parties still refer to the former regulations. The problems that arise is how the implementation of Government Regulation No.27 year 1998 about Merger, Consolidation, and Acquisition of Limited Liability Company with the enactment of Law No.40 Year 2007. Based on the analysis, it known that the enactment of Law No.40 Year 2007 concerning Incorporated Company, Government Regulation No.27 Year 1998 concerning Merger, consolidation, and Acquisition still in force. In addition, Merger, consolidation, and acquisition is still based on Government Regulation No.27 Year 1998 and Article 134 of Company Law. Keywords: Merger, Consolidation, and Acquisition.
71 PERLINDUNGAN HUKUM TERHADAP KONSUMEN PRODUK PANGAN OLAHAN YANG MENGANDUNG BAHAN REKAYASA GENETIK, Suyadi
Obligation to write a description of genetically engineered food manunjukkan does not mean that the product of genetic engineering that use materials are not safe, but the subscription is more information, because basically the food products that have been circulating in the market is a product that is safe for consumption means that products are free from material substances that are harmful to humans and how the processing should ensure the safety of the product, therefore the information in the form of inclusion of the words "Food Genetic Engineering" is intended to meet the consumers' right to choose the right form of goods or services to be consumed, which in this case is part of legal protection for consumers. Keywords: Protection Law, Consumer Protection Act, Genetic Engineering of Food, Consumer, Entrepreneur
72 EFEKTIVITAS PIDANA PEMBAYARAN UANG PENGGANTI DALAM TINDAK PIDANA KORUPSI (Studi Putusan Tindak Pidana Korupsi di Pengadilan Negeri Purwokerto) , Ade Paul Lukas
This punishment is proved not effective because there were only two person punished who repaid. The rest failed to do so due either to lack of money or liquid assets. Instead they signed a letter stating their inability to repay the corrupted money and their readiness to undergo subsidiary punishment. The verdicts of Purwokerto regential Court against corruption act during the period between 2004 through 2008 stated that the punished were given additional punishment to repay the corrupted money but not all of them were punished with such additional punishment. The punishment given was without the obligation to repay and verdict of not guilty. There was constraint from the legal aspect. The constraining factors were the difficulty the public attorney faced in tracing the wealth obtained from corruption. There was also the unawareness of the society to report corruption act. Keyword : Legal effectiveness, Repay the corrupted money, Corruption
73 IMPLEMENTASI TUGAS HAKIM PENGAWAS DAN PENGAMAT DALAM PENGAWASAN DAN PENGAMATAN TERHADAP NARAPIDANA (Kajian di Lembaga Pemasyarakatan Klas II A Purwokerto) , Dessi Perdani Yuris Puspita Sari
The implementation of court judgments needs to be observed and perceived, thus the birth of Supervisor and Observer Judge Institution by Law No. 8 of 1981. The position of a Judge is not simply responsible for imposition of punishment, but also have to responsible for completion of punishment term by inmates in Correctional Institute by appropriate pattern and program of counseling. Besides in article 277 KUHAP till article 288 KUHAP it is charged another task as supervisor and observer of the court decision. The research results show that the implementation of the Supervisory Judge task and Observers in the execution of court decisions in Purwokerto Penitentiary is based on the Criminal Procedure Code Article 277 through Article 283 Criminal Procedure Code, the implementing regulations of the Supreme Court Circular No. RI. No. 7 of 1985. Supervisory Judge in the performance of duties and Observers in Purwokerto Penitentiary still met the constraints that are internal or external, internal resistance from law enforcement and the factors of factor means or facilities. Then the external barriers are the ruling factor. Keywords : Supervisor and Observer Judge, Purwokerto Penitentiary and prisoner
74 IMPLEMENTASI UNDANG-UNDANG NO. 3 TAHUN 1997 TENTANG PENGADILAN ANAK (Studi terhadap Anak yang Berhadapan dengan Hukum dalam Tingkat Penyidikan di Polres Purbalingga), Mugiman
In investigating a case involving child, the police always prioritized the childs interest as the basis of handling the case and tried its best to avoid bringing the case to trial. The employed the penal and non penal approach. The non penal approach was done through diverting and restorative justice method. The diverting method was meant to eliminate the negative effect which might result from legal proceeding, and replaced it with a discretion which was based its function as public service provider. The police did this by aborting the legal process and returning the child to the parents or replacing with other form of obligation for the child to give social service. The impending factors in this implementation was that there had not been common perception among the police officers as the law enforcing body due to their lack of understanding of the spirit of the law. Besides that there was also the constraint due to lack of public service facilities and societys lack of concern towards their neighborhood and tendency to judge child behavior as the same as that of the adults. Keywords : juvenile, penal approach, non penal approach
75 PERAMPASAN DAN PENGEMBALIAN BARANG BUKTI ALAT ANGKUT TINDAK PIDANA ILLEGAL LOGGING DALAM MEWUJUDKAN RASA KEADILAN (Studi Putusan di Pengadilan Negeri Kandangan, Kabupaten Hulu Sungai Selatan dan Pengadilan Negeri Purbalingga, Kabupaten Purbalingga ) , Praditia Danindra
Studies of Decision Number 14/Pid.B/2006/PN.Kgn jo Number 37/PID/2006/PT.BJM shows that the judge was correct in sentencing, but on the evidence they have different opinions. Courts of first return of the evidence to its owner, while the appeals court that the evidence seized goods for the country. This appeals court decision in accordance with the provisions of Article 78 paragraph (15) of Law Number 41 Year 1999 on Forestry, the Supreme Guide of the Technical Judicial and Court Management in 2005 and the Circular of the Supreme Court (SEMA) No. 01 Year 2008. Here the Panel of Judges to act only as an oral (funnel) laws which in French is called "He boushe de la loi." In Decision Number 44/Pid.B/2009/PN.Pbg jo Number 371/Pid/2009/PT.Smg is already really good against the imposition of the penalty or against the evidence that is returned to the beneficiary even though this decision does not match the above rules . Thus, the High Court Judges Semarang sense of justice is more priority than legal certainty. Keyword: sentencing, evidence, justice, legal certainty, illegal logging.
76 TINDAK PIDANA PEMILU LEGISLATIF DI KABUPATEN BANYUMAS DAN PURBALINGGA (Studi tentang Kebijakan Formulasi dan Penerapan Undang-Undang No. 10 Tahun 2008 Tentang Pemilihan Umum) , Suharso Agung Basuki
Legislative General Election 2009 has opening the opportunity to return sovereignty to people. Therefore, in article entitling, Writer interest to study The Crime of legislative general election which formulated in Code Number 10 Year 2008 concerning General Election Of Member of DPR, DPRD, and DPD, and applying of The Crime of General Election in Sub-Province of Banyumas and Purbalingga at GENERAL ELECTION 2009, which conducted by using yuridis normative approach. Pursuant to research, the crime sanction system in general election have the character of cumulative which it is merger of prison sanction and penalty at the same time that imposed to perpetrator. This matter digresses from crime system in KUHP Section 10. 94 of general election crime in Sub-Province of Banyumas and Sub-Province of Purbalingga only 3 processed. Two judge decisions have execution power, whereas the other decision have discharge defendant from all prosecution or ontslag van of ale rechtvervolging (in Sub-Province of Banyumas). Therefore, writer raise recommendation : cause of the number of Parties participant in general election which many collisions in General, so that this code have to reform again, at specially in the case of penalty and prison sanction, and The Stopping of investigation in police level and public attorney don't be easy to conducted. Keyword: general election, crime, sanction, applying of law.
77 TUNTUTAN HAK DALAM PERSIDANGAN PERKARA PERDATA, Rahadi Wasi Bintoro
Procedure of private law in Indonesia have experiencing of some growths, for the example is the mechanism of suing which it's not arranged in Het Herzeine Indonesich Reglement, such as class action, legal standing, citizen lawsuit or actio popularis. This article is study to the difference characteristic of suing in procedure of private law in Indonesia. Pursuant to analysis result, the mechanism of ordinary suing is the mechanism suing by the plaintiff to the sued as effect of contempt of court or break a promise which it have generated loss to plaintiff. Class action is the mechanism of suing by numerous plaintiff which it raised by class representative, that representing his own and his group member, with demand in the form of indemnation. Suing of non government organization (NGO) or legal standing is the mechanism of proffering suing by NGO as collision effect or existence of contempt of court which done by the people which arranged in statues. Citizen lawsuit or actio popularis is a suing that raised by citizen to state, as effect of existence of contempt of court, in the form of neglected the civil rights. Its purpose is formed the law order immediately. Keyword: suing, private dispute, plaintiff, sued
78 PERSPEKTIF JENDER TERHADAP PUTUSAN MAHKAMAH KONSTITUSI TENTANG DIHAPUSKANNYA KEBIJAKAN AFIRMATIF PEREMPUAN DI PARLEMEN PADA PEMILU TAHUN 2009 , Tri Lisiani Prihatinah
Gender activists have two opposite point of view towards the decision from Constitutional Court of Justice (MK). The one who does not agree with the decision argue that the decision can rise many obstacles for women who want to be members of parliament. The women argue that women - compared to men - have more burdens either in private and public life, therefore they have more difficulties to become members of parliament. On the other hand, some gender activists mention that this decision gives a good opportunity for women to show that they are elected into the parliament because of their qualified capabilities with no preference from gender point of view. Besides, in the general election under MK containing a fair competition for both women and men, reflects that people sovereignty is more accommodated, although a substantive gender equality is marginalized. Keywords: gender perspective, the Constitutional Court, affirmative policies
79 SENGKETA LINGKUNGAN DAN PENYELESAIANNYA, Handri Wirastuti Sawitri dan Rahadi Wasi Bintoro
Continuation of the environment at the end of this century has more attention, not only in Indonesia but also throughout the world. Sustainability of the environment this time was viewed as an obligation of the world community. This matter then pushing the environment damage becomes a deed of contempt of court, so it can be a reason to submit the suing. This article study about the solving of environment dispute by extrajudicial procedure and solving of environment dispute by judicial procedure. Based on the analysis, the pollution and destruction of the environment resulted in the loss of certain parties, such as community, the environmental organizations and government. This can be resolved through extrajudicial or judicial procedure. Solution of extrajudicial dispute can be done by mediation, and conciliation of arbitration. Solution by litigation can be done by class action, legal standing, suing to PTUN. Keyword: Sustainable development, dispute resolution, arbitration.
80 TUGAS DAN WEWENANG OMBUDSMAN REPUBLIK INDONESIA DALAM PELAYANAN PUBLIK MENURUT UU NO. 37 TAHUN 2008 , Setiajeng Kadarsih
Ombudsman RI is an institute that has an autonomy and it doesnt have organic relationship with other state and governance institutes and also it runs its duties and rights free from the involvement of other authority. This institute has right to control the establishment of public service. Ombudsmans right detail exists in Article 8 Law Number 37Year 2008 concerning ombudsman RI. Besides, OMBUDSMAN is allowed to give advice to the government to make reparation and perfection of organization and procedures of public service in order to avoid administration problem. Keywords: duty, right, public service
81 MALPRAKTIK DOKTER DALAM PERSPEKTIF HUKUM, Bambang Heryanto
Now adays malpractice problem of health service start to talk lively by the various society. That matter is seen from many indictment cases of malpractice which submitted by the society about a doctor profession that regarded to have inflicted the patient in conducting a task which are cause the wrong act, feel pain, injury, physical defect, body damage, and death. A law justification of doctor malpractice which is cause the inflicted of patient, so the victim side could be demand for materil and immateril compensation. The law protection of doctor malpractices victim who is demand to the court, a judges could apply a Res Ipsa Loquitur doctrine, its means that the victim sides does not need to prove the presence of carelessness substances, but they enough to show the truth. Keyword: Malpractice, Res Ipsa Loquitur
82 PENDAYAGUNAAN TEKNOLOGI INFORMASI DALAM PEMBERDAYAAN MASYARAKAT UNTUK MENGAWASI BEKERJANYA SISTEM PERADILAN PIDANA DI JAWA TENGAH , Agus Raharjo dan Sunaryo
Criminal Justice System did an approach of system. Focus of this research is effort to make a society participation model in observation to the working of criminal justice system. Method which used in this research is law as action is social science study which is non-doctrinal and hake the character of empiric. Experimentation test to made software to be done to find really exactly model. Criminal Justice System has criminogen characteristic, and this is one of the factor causing society participation level to enforcement of law in Indonesia lower. Effort to improve society participation in this case use information technology which in the form of ready of software able to be accessed by whosoever and wherever. This effort expect also can improve image of enforcement of law which till now is bad. Keyword : Criminal justice system, community empowerment, community participation, information technology
83 OVER CAPACITY NARAPIDANA DI LEMBAGA PEMASYARAKATAN, FAKTOR PENYEBAB, IMPLIKASI NEGATIF, SERTA SOLUSI DALAM UPAYA OPTIMALISASI PEMBINAAN NARAPIDANA , Angkasa
Overcapacity happened because growth rate dweller of ill assorted prison with dwelling medium of prison. Besides seems there are some other impeller factors to the happening of the paradigm overcapacity or law factors of itself which tend to oriented institutional crime (prison). Overcapacity tend to to have negative implication to some matters for example the lowering of security storey;level / observation and also the happening of prisonization. Solution of overcapacity convict in prison in the effort optimalization construction of convict in the effort optimalization construction of convict for example with a few actions having the character of non-institutional in the form of conditional crime, probation, suspended, compensation, restitution and also usage of restorative justice. Keyword: overcapacity, convict, justice restorative
84 ASPEK-ASPEK SOSIOLOGIK SISTEM HUKUM NASIONAL(Tinjauan Kritis Terhadap Kasus Bank Century) , Noor Aziz Said
National law system professes the modern precept. The existence of modern law was integrally with the modern concept, which was the analytical legal positivism or the rechtdogmatiek and the political atmosphere which hegemony the XIX century, which is: Liberalism. Liberalism as a fundament of modern law focused in individual freedom and managing lives by preserving freedom and the sustainably. Liberal values and individual freedom have become paradigm inside the modern law system. And sociologic perspective, modern law existance with liberalism is a reflection of political interaction pattern, economic, social, and culture and preserving the interaction, it clearly that law contain with class characteristic. Law system was not integration media but creating and strenght the undistributed and social jealousy, and instituted privilege. The impact is law interaction no longer reflecting the equal relation but oriented to repressive based on power or asymmetry and negative sanction. Keyword: liberalism, class freedom, repressive, right
85 FORMULASI UNDANG-UNDANG BADAN HUKUM PENDIDIKAN (Pencarian Bentuk dan Batasan Pengaturan) , Suharizal
Constitution court of justice verdict Number 11-14-21-126 and 136/PUU-VII/2009 that read date 31 march 2010 then, has juridical implication very vast towards education system in indonesia. Those implication not only limit the act number 9 year 2009 concerning education corporate body, but it implicated to vast towards higher education management as a whole. This article means to study the decision and trace the will of constitution court of justice in the form of education corporate body that constitutional. Keyword; constitution, education, justice verdict
86 PERGESERAN PARADIGMA DALAM PENDIDIKAN TINGGI HUKUM (Dari Kurikulum Inti dan Institusional ke Kurikulum Berbasis Kompetensi) , Rini Fidiyani
The change of era and labor markets creates demand for graduates college of law must have the necessary competency, whereas the high law education system does not prepare graduates to have competencies that are expected. Therefore, a change from the old curriculum to the Competency Based Curriculum (CBC) needs to be done to address these problems. In CBC, competency mapping, teaching paradigm is also shifting from Teacher-Centered Learning (TCL) to the Student-Learning Center (SCL). Loads lecture materials are also change from the original emphasis on technical expertise (academic/hardskills) to the non-technical skills (softskills) are balanced. Expectation with the implementation of CBC on the law of science study program, graduates who can compete and have generated competitiveness in the job market. Keyword: Competency Based Curriculum, Student-Learning Center, Teacher-Centered Learning, hardskills, softskills.
87 SUPREMASI KONSTITUSI ADALAH TUJUAN NEGARA , Johannes Suhardjana
Contitution or Fundamental norms is the supreme law governing the operation of the working rules of the state as an organization, so that the constitution would give the direction and under the laws and regulation. In the constitution there must be an effective system, regularly to the mechanism or the operations of the government and the main of the constitutions is the existence of restriction of the authority and respect for the human rights, because human rights is human nature that possesses from birth. Keywords: constitution, restriction, human rights
88 REKONSTRUKSI KONSEP KEBEBASAN HAK BERSERIKAT BAGI SERIKAT PEKERJA PADA HUBUNGAN INDUSTRIAL BERBASIS NILAI KEADILAN, Gunarto
The concept of freedom of association for trade union rights provided for in Law No. 21 of 2000 on Trade Unions, aimed at providing protection of workers, and improve the welfare of workers. But social facts to still many industrial dispute, and there were so many layoffs. Legal research methods to use social research. So in this perspective, freedom of association for trade union rights are not viewed from the norms of the country, but seen from the values of living in society, although freedom of association rights are influenced by state regulations. Construction of freedom of association for trade union rights as set out in Law No. 21 of 2000 on Trade Unions, still reflects the capitalistic character. The impact caused the number of industrial disputes and layoffs for workers, because employers view workers as a factor of production rather than as business partners. So the necessary reconstruction of freedom of association rights for workers with social justice based values to create a harmonious industrial relations. A reconstruction model using prismatic law, which took a good system of capitalistic model and the socialist model and the model adapted Pancasila industrial relations with the values of Indonesian. Keywords : Reconstruction, Freedom Right of Association, trade unions, justice
89 HUKUM KODRAT, PANCASILA DAN ASAS HUKUM DALAM PEMBENTUKAN HUKUM DI INDONESIA , Otong Rosadi
Goal of legislation establishment is fair legislation carries out mission of prosperous society. To achieve the goal, process of the establishment has to be based on moral nation as philosophical foundation. For Indonesian people, Pancasila on Preamble of UUD 1945, not only as national goal but also as fundamental basic rule of state, should be the basis of legislation establishment. Keywords: legislation establishment, Pancasila, moral nation, legal principle
90 ASPIRASI REFORMASI HUKUM DAN PENEGAKAN HUKUM PROGRESIF MELALUI MEDIA HAKIM PERDAMAIAN DESA, Tedi Sudrajat
Strategies of law enforcement are functioned to reduce the social conflicts that represent the aspiration of legal reform at local level, which the output is to support the government of Indonesia in establishing the accommodative legal system. In Indonesian social life, the values ought to be explored through the village as the lowest governmental organizations and the closest area with the society. These functions can create the village as a strategic area to create the justice at local level, and therefore the role of village judge required the village as a place that can accommodate the interests of the society. Keywords: law enforcement, law reform, village judge
91 TUGAS DAN FUNGSI KEUCHIK, TUHA PEUET DALAM PENYELENGGARAAN PEMERINTAHAN GAMPONG LAMPISANG KECAMATAN PEUKAN BADA KABUPATEN ACEH BESAR BERDASARKAN QANUN NOMOR 8 TAHUN 2004 TENTANG PEMERINTAHAN GAMPONG, Andri Kurniawan
Aceh is a province which is the unity of the legal community who are privileged and given special authority to organize and manage their own affairs and interests of its people in accordance with laws and regulations in the system and the principle of the Unitary Republic of Indonesia based on the 1945. Aceh Besar district government has issued Qanun Aceh Besar District No. 8 of 2004 on Village Governance, which is the translation of NAD Province Qanun No. 5 Year 2003. Qanun District No. 8 of 2004 on Village Governance is still valid until now. This is because the district has not revised the Qanun Aceh Besar district as mandated by Law Number 11 Year 2006 about the existing Governing Aceh. Keywords: Roles and Functions, Keuchik, Tuha Peuet, Village Governance.
92 CORPORATE SOCIAL RESPONSIBILITY (CSR)SEBAGAI INSTRUMEN HUKUM EKONOMI DI ERA GLOBALISASI , Nur Sulistyo B Ambarini
Globalization of the world have substantial influence the development of the state and the country of Indonesia. One of the globalization trends that influence the development of economic law in Indonesia is the Corporate Social Responsibility (CSR). Corporate Social Responsibility (CSR) is a concept in economic activity associated with the embodiment of the concept of Sustainable Development . CSR arrangements in legislation, are a reflection of the principle of government intervention. In this regard CSR as an instrument of economic laws is mandatory to become a tool for corporate or business entity for achieve sustainable development and environmentally sound. This is intended as an effort to provide protection to the community, environment and natural resources of the business practices that harm. In addition it also guarantees the performance of firms in the economy in a balanced way to achieve socio-economic welfare of society. Keywords: Corporate Social Responsibility (CSR); Economic Law, Globalization.
93 OPTIMALISASI PENGELOLAAN DAN PEMBERDAYAAN PULAU-PULAU TERLUAR DALAM RANGKA MEMPERTAHANKAN KEUTUHAN NEGARA KESATUAN REPUBLIK INDONESIA , Ayub Torry Satriyo Kusumo
Indonesia is an archipelago with the most numerous islands with their resources, including the ones owned in its outmost islands. The outmost islands are rich in various resources but have not been managed yet. Those islands are also the first guard which acts as safeguard for the unity of Indonesia. Unfortunately, the government has not paid a comprehensive concern to those islands and it results in successful claim of Sipadan and Ligitan Islands by the neighbor country based on their effective occupation toward those islands. It will endanger the entirety of Indonesia and cause a great lost economically. Therefore, by the way of good protection and management of the outmost islands, the unity of Indonesia will be defended and the welfare of Indonesian will be enhanced. Keywords: the outmost islands, empowerment, state sovereignty.
94 SAHNYA PERKAWINAN MENURUT UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN DITINJAU DARI HUKUM PERJANJIAN, Trusto Subekti
Legal certainty is an indicator for a legal into good legal category, the fact about the validity of marriage has led a multi interpretation among the experts and the society, especially among Muslims. This is shown in the society members statement that "the secret marriage" as a valid marriage according to religious even it is not listed. " Arranged marriage in a society is intended to solve problems within the scope of family law and marriage, not to create new problems in society. the problem is how the legitimacy of the marriage law seen from the viewpoint of the agreement, with expectations to obtain certainty about the right interpretation of the validity of marriage, so the confusion about the validity of a marriage can be resolved. Seen from the viewpoint of the legal agreements, Marriage included in family laws agreements and according to the provisions this agreements are categorized as a formal agreements, it means that the agreement was born and legally binding if the requirements and procedures (formality) of marriage according Act No. 1 Year 1974 jo. No PP. 9 Year 1975 fulfilled. Afterwards, from the binding aspect, the function of marriage records juridically is a requirement in order to obtain recognition and protection from the state and binding the third party: (others). According to the regulatory aspects the procedure and the registration of marriages reflect a legal certainty, as the result the existence of marriage proved by a marriage certificate.As a further consequence, in the law viewpoint a marriage is invalid if the marriage did not comply the procedure and registration of marriage. Keyword: Validity of marriages, Law Agreement
95 EKSISTENSI HAK PENGELOLAAN ATAS TANAH (HPL) DAN REALITAS PEMBANGUNAN INDONESIA , Elita Rahmi
Management Right on Land (HPL) is right outside in Act No. 5 of 1960 on Basic Regulation on Agrarian Principles (Undang-undang Pokok Agraria/UUPA) that grow and develop in accordance with the demands of the development. Rights that has existed since the colonial era already formulated in a special regulation, so that the holders of HPL with are third parties who utilize HPL within the law and morals. Development held in Indonesia still requires the existence of HPL, due to limited government funds and the empowerment of government agencies central government and local government. HPL may become a test of the right control of the country. Are the economically weak have a place in existence in order to compensate parties who HPL always "land eklpoitation " the investors. Key word: Management Right, value, development.
96 ASPEK HUKUM ZONASI PASAR TRADISIONAL DAN PASAR MODERN , Rahadi Wasi Bintoro
The existence of traditional markets in urban areas from time to time further increasingly threatened by rampant construction of modern markets. Therefore, in this paper the authors are interested to explore some aspects zoning laws of modern markets and traditional markets. Based on the analysis, zoning traditional markets and modern market is the authority of local governments as stipulated in Presidential Regulation Number 112 Year 2007 concerning Settlement and Development of Traditional, Modern Shopping Centers and who is the embodiment of Law No. 5 Year 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition healthy. If the establishment of a modern market violates the provisions of Law No. 5 Year 1999 and Presidential Decree. 112 Year 1999 will be reported to the KPPU to be examined.In addition, with no establishment of zoning district regulations regarding local government market has resulted in unlawful acts and therefore can be sued by actio popularis lawsuit or citizen law suits. Keywords: zoning, traditional markets, modern markets
97 ANALISIS ANTROPOLOGI HUKUM TERHADAP PERDAGANGAN LINTAS BATAS DI KALIMANTAN BARAT (UPAYA PENCARIAN MODEL DAN POLA PERLINDUNGAN HUKUM) , Hermansyah
Due to its geographic location bordering directly with neighboring countries, the border in West Kalimantan as the outer limit of the state of Indonesia is one region that has not received attention, especially attention with regard to activities in the economic field. Cross Border Trade and Market in the Border area, for example, is so much economic activity along the border there is a transaction involving the people who come from two different countries and have different legal systems. In the perspective of legal anthropology, it is probably legal system that applies to communities in the border area showed such legal pluralism, if not addressed carefully, it did not rule out the trade problems that occur in communities in the border area will be sticking to the issue between countries, because of differences in existing law. Therefore, efforts to create a model that would be able to accommodate the parties-such as community, nation and state of Indonesia-Malaysia would need to be pursued, so the problem is not a legal issue to drag on the interests of each party. Key words: Cross Border Trade, legal systems and legal pluralism.
98 REKONSTRUKSI POLA PIKIR HAKIM DALAM MEMUTUSKAN PERKARA KORUPSI BERBASIS HUKUM PROGRESIF, M. Syamsudin
This study aims to reveal and then reconstruct the mindset of judges in deciding corruption cases based Progressive Law. Academic question posed is whether the condition of existing as the mindset of judges in deciding cases of corruption and how to build a new construction mindset of judges based on the principles of Progressive Law. This research is classified in the tradition of non-doctrinal legal research with sosiolegal approach. Data collected by interview, observation and document study and then analyzed following the interactive model of Mattew B. Miles and A. Michael Haberman. The results of study indicate the need for new construction mindset of judges based progressive law. This is based on the empirical reality that the judge handling the case of corruption by many experienced deterioration and failure to bring the law in a fair, useful and protect the interests of society. The mindset of the judge who figured positivistic needs to be reorganized under the new progressive mindset in deciding the various legal problems that emerged recently that the more complex and complicated, especially in deciding the case of corruption. Judges at all levels of education and environmental justice needs to be improved for the judge able to resolve various legal issues properly, fairly and wisely. Key words: reconstruction, the mindset of judges, corruption cases, progressive law
99 PERSEPSI PEGIAT JENDER TERHADAP KONSEP PASAL 31 AYAT (3) UNDANG-UNDANG PERKAWINAN TENTANG STATUS KEPALA KELUARGA , Tri Lisiani Prihatinah
Some of gender activists assume that status of husband as a head of household is discriminating wife. Therefore, they propose a gender equality model which gives the same status to both husband and wife as a head of household altogether. By using sociological method and feminist legal analysis, it is resulted that most gender activists who become the source of information in this research do not agree with the proposed model of gender equality because they do believe its legal consequence will burden more to the wife. However, they agree that women develop their economic ability to ear money. These gender activists do not want to amend Article 31 (3) Law Number 1 Year 1974. They understand this article as a reflection of substantive equality which recognizes husband as a head of households status is parallel with the burden of the responsibility. Key words: gender equality, head household
100 PEMBANTARAN PENAHANAN TERHADAP TERSANGKA DALAM PERSPERKTIF HAK ASASI MANUSIA (Studi Di Polres Purbalingga) , Handri Wirastuti Sawitri
Suspect in custody who experience severe pain, must be doing maintenance by the investigator as the officers responsible for detention. Based on the implementation of research results pembantaran arrest suspects in the level of investigation based on several provisions or regulations, among others: the Criminal Procedure Code, Act No. 2 year 2002 as well as SEMA No. 1 in 1989. The protection of human rights for suspects, particularly in health care by providing opportunities for treatment in hospitals outside the prison, which is a right that must be respected and protected by the state. Key words : suspect, human rights, treatment
101 ANALISIS TERHADAP HAK PILIH TNI DAN POLRI DALAM PEMILIHAN UMUM , Setiajeng Kadarsih dan Tedi Sudrajat
In this reformation era, there were discourses on the recovery of the right to vote for members of the Indonesian National Army (TNI) and Indonesian National Police (Polri) in the General Election. The willingness of those recovery based on the development of democratization and human rights, that places the right to vote as a fundamental right that cannot be infringed by the state. The problem that arises are how the arrangement of the right to vote for the TNI and Polri in the Indonesian General Election when it viewed from the perspective of the political history and how the legal synchronization between the right to vote for TNI and Polri when it viewed from the conception of human rights in the context of a democratic society in Indonesia. Based on the results, it known that there are setback in the arrangement of the right to vote for armed forces and police in three periods. In old order, armed forces and police were given the right to vote in the election. In the new order, the Armed Forces were not entitled to vote, but the presence of armed forces in the realm of regulated political sphere in particular through the lifting mechanism in the legislature. While in reformation era, the right to vote and vote for members of the military and police were removed, so the military and police only carry out the state tasks without any political rights inherent in that institution. This indicates that the legal arrangements concerning the right to vote according to the perspective of human rights in the context of a democratic society is not yet in sync with each other. Key words : Human rights, democratic society and legal synchronization
102 UPAYA PEMERINTAH SUMATERA SELATAN MENARIK INVESTOR ASING DALAM KEGIATAN PENANAMAN MODAL , Sri Handayani
Investment is one of important variable to increase the economic performance. Moreover it can stimulate to increase per capita income and consuming ability of the society. A well investment climate given some benefits to the society. The local government is facing some problems in facing some challenge to increase the key factors to overcome those problems. In South Sumatera, the government does some efforts to attract the investor especially foreign direct investment. In the development of South Sumatera, foreign direct Investment has the important function. It is hoped that the investment has positive impact to increase the economic growth of the district which can increase the public welfare as well in South Sumatera. Key words: Investment, foreign direct investment
103 KEWENANGAN MAHKAMAH KONSTITUSI DALAM PROSES IMPEACHMENT PRESIDEN MENURUT SISTEM KETATANEGARAAN REPUBLIK INDONESIA , Muhammad Fauzan,
The authority of the Constitutional Court to adjudicate and decide upon the opinion of the House of Representatives that the President and/or vice president has violated the law of treason to the state, corruption, bribery, other felonies, or moral turpitude, and/or that the President and /or Vice President no longer meets the conditions as President and/or Vice President are normative efforts to avoid a repeat of dismisal that are soley based on slander and suspicion which are only to satisfy the political interests of political elites. Key words : The authority of the Constitutional Court, Impeachment
104 PENGUASAAN TANAH MASYARAKAT HUKUM ADAT (SUATU KAJIAN TERHADAP MASYARAKAT HUKUM ADAT TERNATE) , Husen Alting
Land acquisation by the community of adat law tends to leave out. This condition caused by the government policy before which has no attention to the development of land acquisition of the adat community. According that policy, all land are owned by the State, especially when its issue is about the government and bussiness interest. Reformation has changed the State system related to land acquisition, where the position of adat law community is diclared explicitly in the State constitution. The position of adat law community is agreed as long as not contradicted wiht public interest. The tale of seeking the existency of adat law community and the right of adat land acquisition shows that acquisition, mechanism and the area of adat law community still exist and have different characteristic between one and another. So that, State and the government should give protection and agreement to the right of adat law community as well as local wisdom as stated in its constitution. Key words: Land acquisation, right of adat community, adat law
105 DAERAH KEPULAUAN SEBAGAI SATUAN PEMERINTAHAN DAERAH YANG BERSIFAT KHUSUS , Kotan Y. Stefanus
Some regions (local government) geograpically lie in islands area which get unjustice treatment compared with other regions. The problem is because of the service to public is broad and heavy in some islands, but do not get particular treatment from central government Search for and investigation about the law basis about archipelago area expresses that one of the principles of regional government undertaking according to the basic constitution of 1945 is that giving space to advance particular regions and specifically (including to as regions in islands). However, such principle has not been implicated broadly and clearly in the rule Law Number 32 years 2004. Key words: archipelago area, local government, particular regions, Legitimacy.
106 IMPLIKASI KEBIJAKAN PENDAERAHAN PENGELOLAAN PBB SETELAH BERLAKUNYA UU NO. 28 TAHUN 2009 TENTANG PAJAK DAERAH DAN RETRIBUSI DAERAH , Kadar Pamuji
Local tax policies according to local tax laws and new levies which gives breadth to the local taxation authority is done by expanding the tax base. Giving to the local taxation authority have been duly carried out to confirm the alignments to the process of democratization. The problem is "how is the legal implications of the Land and Building Tax management of rural and urban sector after the enactment of Law no. 28 of 2009 on regional taxes and Retribution" To know the legal implications, the study begins first by performing comparative Land and Building Tax arrangement according to the Law. 12 of 1985 by Act no. 28 of 2009 on regional taxes and Retribution. The results of the study concluded that the policy of the Land and Building Tax management of rural and urban sectors is authorized for the district/city, which has implications on the necessity for coordination, transfer of assets, preparation of executive human resources, technology, device setup, institutional arrangements, legal instruments (regulations and declaring) as well as other supporting facilities and infrastructure. Key words: Legal Implication, Policy, Land and Building Tax Management
107 PASANG SURUT KEBEBASAN PERS DI INDONESIA , Satrio Saptohadi
In the New Order of the press regulated by Law No. 11 Year 1966, Law No. 4 Year 1967 and Law no. 21 Year 1982 which is a product of the repressive Soeharto regime, whereas in the era of reform after the resignation of Suharto's life enacted press Law No. 40 Year 1999 about the Press is full of euphoria. During the New Order's authoritarian press system produces under the guide of Pancasila press system that is free press and responsible, to the effect of press freedom in a way that is very restrained by bridle and thrown into prison their anti-government . In the Reform era of the press leading up to the liberal press system that is with the euphoria of freedom that went too far because there is no regulation of the repressive provisions. Key words : New order, the reform era and freedom of the press.
108 MEMBANGUN SISTEM PERIZINAN TERPADU BIDANG LINGKUNGAN HIDUP DI INDONESIA , Helmi
Applicability of Law. 32 of 2009 on the Protection and Management of the Environment an integrated licensing increasingly strict environmental field. Nevertheless, there are still many problems to the implementation of an integrated licensing is the inconsistency of the sectoral rules, ego-sectoral technical agencies, the strong economic interests than the interests of environmental protectionand social welfare. Implementation of an integrated licensing system requires integration of the environmental field of governance, institutions, power, mechanisms and requirements to achieve sustainable environmental management. That requires the synchronization settings, the integration of sustainable development and institutional models of integrated environmental permit system. Key words: environment, licensing system, integrated.
109 ASPEK HUKUM KEGIATAN WISATA RUANG ANGKASA (SPACE TOURISM) MENURUT HUKUM INTERNASIONAL , Aryuni Yuliantiningsih
The activities of States in the exploration and use of outer space began since Uni Sovyet was launching Sputnik sattelite at 1957 and than followed the first manned spaceflight launched namely Yuri Gagarin at 1961. In their activities, manned spaceflight get law protection according Space Treaty and Rescue Agrement. Article 5 Space Treaty regulate that State Parties to the treaty shall regard astonauts as envoys of mankind in outer space and shall render to them all possible assistance in the event of accident, distress, or emergency landing of another State Party. In the other side, the activities of commercial use of outer space is developing, the one is space tourism. This matter not yet be regulated so if there are many problems about the law protection of space tourists and the activities of outer space that performed by private enterprises, the treaties of outer space can be applicated. Key word : space tourism, outer space treaty
110 PERKEMBANGAN KONSTELASI POLITIK INTERNASIONAL DAN IMPLIKASINYA TERHADAP POLITIK HUKUM NASIONAL INDONESIA DALAM PEMBERANTASAN TERORISME, Mardenis
The problem of terrorism has now become one of the few global issues which are very much talked about and greatly affect international relations. Actually, when the United States (U.S.) makes the issue of terrorism as the main agenda of foreign policy (polugri) country and invite / pressing other countries to support it, almost all world countries basically agree, agree. The problem then arises when the execution was terrorism that will be the common enemy of mankind and must be fought together it is terrorism by political interests, and ideology economi U.S. Key words: Terrorism, global issue, US foreign policy, political, economy and ideology of US.
111 GAGASAN REFORMASI BIROKRASI DALAM RANCANGAN UNDANG UNDANG (RUU) TENTANG ADMINISTRASI PEMERINTAHAN, Dwiyanto Indiahono
Draft of Public Administration Law in the reality is arranging how public administration done by government and citizen. This draft is legal fundament to put down public functionary rights and obligations, governmental institution (as public organization) and public as citizen more equal. Bureaucracy reform have to be viewed as complex domain, and also require the complex effort to support it. RUU AP has to esteem as part of bureaucracy reform effort in Indonesia. And to hope happened high acceleration in bureaucracy reform, hence RUU AP has to be supported with effort of developing commitment of public functionaries, developing system public service, improving the quality of human resource, improving exploiting of technology in bureaucracy (e-gov) and create best culture of bureaucracy. Key words: bureaucracy reform, public administration law, and culture of bureaucracy.
112 PEMENUHAN HAK ANAK ATAS KESEHATAN DI PROVINSI NANGGROE ACEH DARUSSALAM DI DASARKAN QANUN ACEH NOMOR 11 TAHUN 2008 TENTANG PERLINDUNGAN ANAK, Andri Kurniawan
Qanun Aceh No. 11 of 2008 concerning Protection of Children is based on the perspective that protection of children in all aspects is a part of the development activities and distinctive peculiarities of Aceh and promoting community life and nation in the Republic of Indonesia. Obligation to provide protection to children based on the principles of non-discrimination, the best interests of the child, right to life, survival, and development, and reward for the opinions of children. In the implementation, legal protection of children in Nanggroe Aceh Darussalam not fully comply. Those constraint relating with the legislation, the body builder, body organizer, health facilities and membership. Keywords : Qanun, Protection of the Child, Rights of the Child on Health
113 PELAKSANAAN PERLINDUNGAN HUKUM TERHADAP ANAK YANG MENJADI KORBAN TINDAK PIDANA DI WILAYAH HUKUM PENGADILAN NEGERI BANYUMAS , Haryanto Dwiatmodjo
Forms of legal protection of children as victims of crime in the jurisdiction of the District Court of Banyumas on the level of investigation in the Police with given rehabilitation. At the level Prosecutor's just no real form of protection for victim. Who's in Court level there are two forms of protection, the first form of protection of identity in the mass media coverage to avoid labeling, and second with the provision of safety guarantees. Realization of the protection of children who are victims of crime has not been up to since the rights of victims, get rehabilitation, compensation, and restitution difficult to manage their funds because there is confusion of the law enforcement agency where the source of funds to be allocated. Barriers to the very fundamentals of the implementation of child protection as a victim was the absence of implementation costs to maximize protection. Keywords: Legal protection, children, victims
114 TINDAK PIDANA KEKERASAN TERHADAP PEREMPUAN (Studi Etiologi Kriminal di Wilayah Hukum Polres Banyumas) , Ruby Hadiarti Johny
The violence against women is increasing in number. This article discusses the factors underlying the occurrence and other form of violence against women that occurred in the Police Banyumas region. Sociological juridical approach used in this research. Specification of research is descriptive. The data used are primary and secondary data. The dominant factors that cause criminal violence to women are dominated by economic factors about 70%, cultural factors about 15%, affair factors about 10 %, and lack of communication between family factors about 5 %. The types of criminal violence to women based on data from LSM Lentera Perempuan WCC Banyumas, Victims, and Poice Banyumas region most of the type criminal violence to women is domestic violence, as physic, psychological, sexual violence, and negligence of household. The problem solving is with the litigation process or non litigation process. The litigation process with criminal law process and the non litigation process with mediation. Keywords: Domestic violence, form of violence, cause of violence.
115 PEMENUHAN HAK ANAK ATAS KESEHATAN DI PROVINSI NANGGROE ACEH DARUSSALAM DI DASARKAN QANUN ACEH NOMOR 11 TAHUN 2008 TENTANG PERLINDUNGAN ANAK, Andri Kurniawan
Qanun Aceh No. 11 of 2008 concerning Protection of Children is based on the perspective that protection of children in all aspects is a part of the development activities and distinctive peculiarities of Aceh and promoting community life and nation in the Republic of Indonesia. Obligation to provide protection to children based on the principles of non-discrimination, the best interests of the child, right to life, survival, and development, and reward for the opinions of children. In the implementation, legal protection of children in Nanggroe Aceh Darussalam not fully comply. Those constraint relating with the legislation, the body builder, body organizer, health facilities and membership. Keywords : Qanun, Protection of the Child, Rights of the Child on Health
116 PELAKSANAAN PERLINDUNGAN HUKUM TERHADAP ANAK YANG MENJADI KORBAN TINDAK PIDANA DI WILAYAH HUKUM PENGADILAN NEGERI BANYUMAS , Haryanto Dwiatmodjo
Forms of legal protection of children as victims of crime in the jurisdiction of the District Court of Banyumas on the level of investigation in the Police with given rehabilitation. At the level Prosecutor's just no real form of protection for victim. Who's in Court level there are two forms of protection, the first form of protection of identity in the mass media coverage to avoid labeling, and second with the provision of safety guarantees. Realization of the protection of children who are victims of crime has not been up to since the rights of victims, get rehabilitation, compensation, and restitution difficult to manage their funds because there is confusion of the law enforcement agency where the source of funds to be allocated. Barriers to the very fundamentals of the implementation of child protection as a victim was the absence of implementation costs to maximize protection. Keywords: Legal protection, children, victims
117 PELAKSANAAN KEBEBASAN BERAGAMA DI INDONESIA (EXTERNAL FREEDOM) DIHUBUNGKAN IJIN PEMBANGUNAN RUMAH IBADAH, Nella Sumika Putri
Recently, Indonesia faced issues about freedom of religion, in particular for construction the house of worship. It is part of freedom of worship which is element from freedom of religion and it should protected by State. eventhough State in implementation those right can make some limitation. Joint Decree 2006 is a form of restriction provided by the State to maintain public order. The implementation of freedom of religion is highly depend on the tolerance among religious community, particularly in the scope of forum externum. Cooperation beetwen all parties, i.e State as policy makers and implementers, religious leaders as a role model for the followers and society plays an important role in maintaining inter-religious harmony. Keywords: human rights, freedom of religion, construction the house of worship
118 DOKTRIN ULTRA VIRES DAN KONSEKUENSI PENERAPANNYA TERHADAP BADAN HUKUM PRIVAT , Johnny Ibrahim
An acts is ultra vires when corporation is without authority to perform it under any circumstance or for any purpose beyond the scope of the powers of corporation, as defined by its charter or by law of incorporation. Some countries restrict the application of the doctrine of ultra vires but do not abolish it. Indonesia adopt doctrine of ultra vires in some of its law such as Law No. 40 of 2007 concerning Limited Liability Company and Law No. 25 of 2003 concerning Anti Money Laundering. The provisions of ultra vires doctrine has impact to other legal person than Limited Liability Company. Key words: ultra vires, extra vires, intra vires.
119 PENERAPAN HUKUM DALAM PENYELESAIAN SENGKETA TRANSAKSI ELEKTRONIK DI PERADILAN UMUM , Rahadi Wasi Bintoro
This research is study about law construction of forming electronic contract in transaction that exploiting information technology and law of evidence that applying for electronic document. and to explaing its, researcher use statue approach, conceptual approach and case approach, that is included in the approach method in legal research. Pursuant to research which have been done, agreement in e-commerce is form when there is an acceptance from buyer by electrically or when the buyer signing a digital signature. Evidence law of electronic document that form in e-commerce and e-banking have strength of perfect verification as pukka act, as long as it is using security system which is difficult technically to be able to infiltrate or leaked by other party, while electronic document from transfer of company document to electronic media have strength of perfect verification. In the case of dispute in e-commerce, e-banking dispute and dispute of company document which have been transferred in the form of electronic media, hence can be raised by evidence appliance in the form of written evidence appliance, eyewitness, presupposition, confession, oath, and expert eyewitness to strengthen electronic document. But that way, rule of law not yet been given by comprehensively. Keywords : internet, e-commerce, e-banking, company documen, evidence law
120 GAGASAN PENGATURAN HUKUM PEMERIKSAAN PERSEROAN TERBATAS (Suatu Evaluasi Normatif terhadap Pasal 138 - Pasal 141 Undang-Undang Nomor 40 Tahun 2007 tentang Perseroan Terbatas) , Muhammad Syaifuddin
Law No. 40 Year 2007 oblige good corporate governance. Practically, there is a chance to do wrongful act which cause bad corporate governance. Law No. 40 Year 2007 have some legal inconsistencies, so that cause uncertainty and unused legal practically. The idea of regulating on investigating of a company in forward has to develop of strengthening of legal certainty principle and legal utility principle (besides legal justice principle) which concrete in positive legal norms about performing, governing, investigating and post-investigating of a limited company by shares as a system. Then, the revising of positive legal norms about investigating of a limited company by shares consistently, which refers to the logics of legal rules. Keywords: the investigating, limited company by shares, normative evaluation, legal inconsistency.
121 PERSPEKTIF KEADILAN IKLIM DALAM INSTRUMEN HUKUM LINGKUNGAN INTERNASIONAL TENTANG PERUBAHAN IKLIM , Deni Bram
The issue of climate change has become a central point of attention the world community on this century. In scientists view says that if we fail to make significant reductions in greenhouse gas emissions for ten to twenty years ahead, we face the possibility of harmful environmental disaster at the end of this century. Legal instruments at international level which is present as a step to mitigate climate change were felt only in the interests of developing countries alone that puts the asymmetric advantage. The concept of climate justice is felt not touched so that the regime to combat climate change often fail in the fulfillment of justice for present and future. Keywords: climate change, intergenerational equity, intra generational equity.
122 KEARIFAN TRADISIONAL DALAM PENGELOLAAN SUMBER DAYA PERIKANAN DI ACEH PADA ERA OTONOMI KHUSUS, Sulaiman
Reformation in Indonesia give implication for Aceh, which is the authority in the form of implementation of fisheries management based on traditional wisdom. Those statement above are trying to answer the question of this traditional wisdom in the era of special autonomy. The important finding is critical condition of fisheries resources which is caused by a disregard pattern of traditional management wisdom. It is recommended that policy makers doing holistic approach to fisheries management. Keywords: Fishing, Traditional Wisdom, Aceh
123 PENGAWASAN SEBAGAI INSTRUMEN PENEGAKAN HUKUM PADA PENGELOLAAN USAHA PERTAMBANGAN MINERAL DAN BATUBARA, Fenty U. Puluhulawa
This research is intended to explain the monitoring as an instrument of law enforcement, to examine how the intensity of supervision on the business of mineral and coal, which is expected to support the establishment of law enforcement. The method in this study are socio juridical, with qualitative and quantitative methods. Research shows that in terms of planning and coordination of implementation supervision has not been implemented optimally, so that does not yet support the establishment of law enforcement. Based on this, it is necessary to the formation of an integrated environmental licensing system specialized in the management of the mining business. Keywords: monitoring, law enforcement, mining
124 SISTEM PENETAPAN GUBERNUR KEPALA DAERAH ISTIMEWA YOGYAKARTA DALAM SISTEM PEMILIHAN KEPALA DAERAH BERDASARKAN PASAL 18 AYAT (4) UUD 1945. , Ismu Gunadi Widodo
The Yogyakarta Specialist Region, both historical and juridical have strong legitimacy as special regions. Historically, (1) privilege status of Yogyakarta is a conscious political choice taken by the ruler of Yogyakarta, namely Sultan HB IX and Paku Alam VIII, and not the granting of national political entity; (2) Yogyakarta provide space areas and concrete for the Indonesian population early. Third, Yogyakarta became the savior when Indonesian forces in crisis situations to preserve the Declaration of Independence August 17, 1945. While legally the First, the consistency at the level that recognizes the juridical existence of a region that is special. Second, the consistency of recognition of the status of a regional specialty is not followed by a comprehensive arrangement on the substance of the privilege of an area. Special of DIY also reflected in the mechanism of filling the vacancy Guvernor and the Deputy Governor, with the appointment/establishment of Sri Sultan and Sri Pakualam directly by the President. The constitutional system of decision Hamengkubuwono X and Sri Pakualam, as Governor and Deputy Governor of DIY is not contradictory with the Constitution (unconstitutional) for determining the gain legitimacy from the community (community wishes). Keywords: specialty of DIY, governor determination system, regional head of electoral systems
125 IMPLEMENTASI PRINSIP DEMOKRASI DAN NOMOKRASI DALAM STRUKTUR KETATANEGARAAN RI PASCA AMANDEMEN UUD 1945, Martha Pigome
The principle of democracy and nomocracy as state in the Constitution 1945 is the embodiment of the state that based on civil sovereignty and state characteristics that uphold the law. Implemention of those two principles changes the structure of the state that established the Constitutional Court. This institution known as the guardian of democracy of any process of political democatization and legal policy. The consitutional Court plays an important role in maintaining the state constitution (Constitution 1945). Constitutional Court have an authority to solve dispute elections and general election. This institution also have a role to judicial review of any statute that not synchronize with the Constitution 1945. Keywords : Demoratization, Rule of Law, Constitution and Legal Policy
126 PARTISIPASI PEREMPUAN DALAM PEMILIHAN GUBERNUR PROVINSI LAMPUNG TAHUN 2008 , Yuswanto
Lampung governor election on 2008 executed under article 233 (2) of act Number 32/2004 cencerning local government, on the other hand its implementation process is referred to act number 12 / 2008 concerning second ammendment of act number 32/2004 concerning local government. Governor election invites controversy both theoretically and practically. The research explores merely on the woman participation. Research method applies normative research that using secondary data deriving from primary, secondary and tertiary legal sources. The research shows that in governor election 2008 executed under article 233 (2) act number 32/2004 concerning local government and its implementation process based on act number 12/2008 , the fact show that from 5,36 milion voters, male voters reached of 2.778.763 voters, female was 2.587.978 voters, sehinso the total number was 5.366.741 voters. In sum, male voters was 51,77 %, and female voters was 48,33 %. This means that woman participation in governor election was 48,33 %. In another word, without woman participation, there is no one candidate can be stipulated as elected candidate. Keywords: governor election, woman participation.
127 UPAYA KEBERATAN TERHADAP PNS YANG DIJATUHI HUKUMAN PEMBERHENTIAN TIDAK DENGAN HORMAT , Sri Hartini
Staffing dispute settlement mechanism against civil servants who sanctioned by harsh punishment such not respect form, is a serious legal problem. From the research found that staffing is the State Administration dispute settlement. What penyelesaianya has its own characteristics. Disputes in the area of staffing are not handled directly by a State Administrative Court (Administrative Court)), but must first be resolved through a process similar to a judicial process, conducted by a team or by an official in the government environment. The process in the science of law is called quasi-judicial (quasi rechtspraak), known as administrative appeals. Civil servants who will submit disputes to the Administrative Court, if the sanstion imposed on the basis of PP No. 53 years 2010 on the discipline of civil servants, the mechanism that must be passed is the efforts the administration that through to the Civil Service Advisory Board (BAPEK). Article 38 of Regulation 53 of 2010 administrative effort submitted to BAPEK, however these regulations do not provide clarity. Based on this research, the settlement of disputes relating to the dismissal of cicil servant by not respect can resolved by employment regulations, the legal basis is the Administrative Court Act, Article 48 paragraph 2 and Article 51 paragraph 3. Key words: civil servants, dispute officer.
128 REVOLUSI MEDIA, JURNALISME GLOBAL, DAN HUKUM PERS INDONESIA, Manunggal K. Wardaya dan Ahmad Komari
The development in information technology influences many aspects of human life including news media. Various definitions in media have encountered significant changes and cannot anymore be us-ed. Press Law as a main regulation of news media Indonesia is no exception. Its relevancy is now be-ing questioned and even challenged when it fails to adopt with the changes in society. This article believes that the amendment of Press Law should be done so that it will be responsive towards the need of the constantly-changing society. Keywords: information technology, media, press, citizen journalism
129 HUKUM TOLERANSI KELOMPOK SALAFI TERHADAP KELOMPOK ISLAM LAINNYA DI KABUPATEN BANYUMAS , Abdul Rohman dan Elis Puspitasari
Islam as a religion has a doctrine full final, complete, comprehensive and universal, so that the texts that became the guiding principle is universally viewed as well. In the real level, especially in need of interpretation, often leading to problems of its own because each group has a flow that allows the results are different interpretations. This is like the Salafi group based its interpretation on groups considered heretical Islamic sects other, so that a constraint when a dialogue about the development of tolerance values. Despite the rejection of the dialogue is actually contrary to the Qur'an itself. Key words: Salafi, tolerance, interpretation, heretical innovation
130 PROFESIONALISME POLISI DALAM PENEGAKAN HUKUM, Agus Raharjo dan Angkasa
Violence is often done by police in the investigation to get a confession the suspect. This behavior has become a habit that can be referenced from various research results, which are caused by lack of supervisory agency investigation, an incomplete legal instruments, the protection of the institution, and the unprofessional attitude of the police. This situation causes no chance to fight for a suspect his rights and the perpetrators of violence inaccessible. Professionalism associated with standardized moral issues into the code of conduct, and any violation of ethics code indicates a problem in the body of moral police. There should be a moral improvement in the investigator for investigation can take place properly and correctly according to expectations. Key words: police violence, investigation, criminal justice system, code of conduct
131 HARMONISASI KEBIJAKAN PENGENTASAN KEMISKINAN DI INDONESIA YANG BERORIENTASI PADA MILLENNIUM DEVELOPMENT GOALS, Emmy Latifah
The purpose of this research is to understand the level of harmonization of poverty alleviation regulations and policies in Indonesia within the Millennium Development Goals (MDGs), especially Target 1. From this research, it can be created a model of regulation and polices harmonization of poverty alleviation in Indonesia in order to harmony with the MDGs. To achieve these objectives, data collected by regulation and policies of poverty alleviation in Indonesia, and then it is analyzed with editing analysis style. The results of this research are the policies of poverty alleviation in Indonesia are not harmonious with the MDG target. It is because of the poverty alleviation policies in Indonesia with the MDG target as a result of differences in defining poverty, which is not focused on the definition of poverty used by the MDGs. The definition of poverty according to the MDGs is those who have income less than US$ 1 per day. Key words: harmonization of regulations and policies, poverty alleviation, Millennium Development Goals.
132 IMPLIKASI HUKUM PEMBATASAN PERAN SERTA PEGAWAI NEGERI SIPIL DALAM PROSES POLITIK DI INDONESIA, Tedi Sudrajat
In the form of philosophies, histories and comparative studies, limiting the political rights of civil Servant is a political outcome of the state to create a public official relations between the countries with the civil servant based on merit system that applies in the civil service law. The legal implications of the limiting the political rights of civil Servant which are : giving tribute, prohibition and administrative sanctions against the civil servant that involved in the process of politic in Indonesia. Key words : civil servant, political participation, political system
133 PERSPEKTIF YURIDIS TANGGUNG JAWAB DOKTER TERHADAP RAHASIA MEDIS PASIEN HIV/AIDS (Studi di Rumah Sakit Umum Daerah Banyumas) , Muhammad Taufiq
Examination of HIV/AIDS patient with do voluntary and confidential principle. Patient confidentiality must be maintained with the best. Status and the presence of HIV/AIDS patients are kept secret and so raises dilemma for physicians nor patient themselves. Juridical perspective of physician responsibility in opening the medical secret of patients with HIV/AIDS is a view or understanding of legal liability physicians in opening the medical secret of HIV/AIDS patients. Things must be secret maintained in the form of of identity, diagnosis, disease history, inspection history and treatment history. Perspective juridical physicians responsibility in RSUD Banyumas generally show very much agrees on opening medical confidential HIV/AIDS patients with patient consent. Implementation of medical confidentiality laws against HIV/AIDS patients in RSUD Banyumas implemented properly. Key words : confidential medical, legal perspectives physicians, law enforcement
134 HUKUM PASAR MODAL DAN TANGGUNG JAWAB SOSIAL , Rochani Urip Salami
Each state has always tried to promote development, prosperity and prosperity of its people. One methode that tends to be done by the state is to attract as many foreign investments into the country. In the Investment Law, there are three principles: First, the rule of law which is manifested in several important principles such asequal treatment between investment of domestic and foreign, transparency and accountability; Second, Guarantees against nationalization affirmation action in the dispute settlement, and Third, Simplification of investment procedures and licensing service through an integrated one stop mechanism. Economic development is not just the responsibility of the goverment and its citizens, but also the responsibility of investor. Arrangements os social responsibility for infestor is the legal basic for investor in caring the surrounding environment, so with the implementation of social responsibility by companies in a region, indirectly the company/investors assist in improve the welfare of local communities. Key words: capital market law, corporate social responsibility, globalization
135 PERJANJIAN INTERNASIONAL DALAM PENGEMBALIAN ASET HASIL KORUPSI DI INDONESIA , Jamin Ginting
International agreement is an important requirement to make asset recovery effectively. Mutual Legal Assistant (MLA) and Extradition are types of international agreement which usually used among country in asset recovery. Beside the regulations mentioned above, there are international regulation in United Nations ConventionAgaints Corruptio, 2003 (UNCAC 2003) which should be adopted and applied in Indonesian Regulation to make asset recovery effectively, such as regulation concerning Illicit Enrichment, Trading in Influence, bribery of foreign public officials and officials of Public international organizations, bribery in the private sector and another regulations which is supposed to be regulated in Indonesians regulation. Key words: corruption, international agreements, extradition
136 AKIBAT HUKUM PEMBATALAN PENDAFTARAN MEREK TERHADAP HAK PENERIMA LISENSI MEREK MENURUT UU NO. 15 TAHUN 2001 , Agus Mardianto
Trade globalization has made trade mark becomes very important, especially in relation to a fair business competition. A trade mark is a sign that functions as a distinguished from those of others, quality guarantee and source of origin. Owner of a trade mark registered reserves exclusive right to use that trade mark for a period of time or may grant permission to other parties to use the trade mark. Permission to other parties should be given through a letter of agreement for permission to use (not transfer of ownership) that trade mark for a certain period of time, and this is accordingly called licence. Registration of a trade mark in the general list of trade mark can be cancelled upon request with an argument that the trade mark has a basic similarity with a previously registered trade mark, or the registration was made for cruel intention. This paper discusses licence and cancellation of a trademark, as well as the consequences of trade mark cancellation for the licensee. Cancellation of a trade mark registration results in termination of a trade mark license agreement, but the licensee may reserve his right until the completion of agreement period. Key words : exclusive right, license agreement, licensee.
137 ASAS PRADUGA TIDAK BERSALAH: PENERAPAN DAN PENGATURANNYA DALAM HUKUM ACARA PERDATA , E. Nurhaini Butarbutar
The principle of presumption of innocence, was a general principle of procedural law, because that was contained in the Act of Power by Judiciary. As that the general principle of procedural laws, that was principle has been effective to all process matter in the court. But also, the principle of presumption of innocence, only well known in the criminal process matter because that was back arrenged in KUHAP and was not arranged in HIR/Rbg as a regulation of civil procedural in the court. Nevertheless, the principle of presumption of innocence was applied in civil process matter by mean of the implementation of principle that contained in HIR/Rbg, i.e principle of actor sequitor forum rei, principle of equality before the law and principle of actori in cumbit probation. Key words : The principle of presumption of innocence, a general principle of procedural law, its implementation, civil process matter,
138 RESTRUKTURISASI PEMBIAYAAN MURABAHAH DALAM MENDUKUNG MANAJEMEN RISIKO SEBAGAI IMPLEMENTASI PRUDENTIAL PRINCIPLE PADA BANK SYARIAH DI INDONESIA , Faisal
Murabahah finance to syariah bank was restructured by rescheduling, reconditioning, and prudential principle. It means that syariah bank had considered various aspects, such as, minimizing syariah bank risk and not making customers disadvantageous, even making both parties advantageous, in the restructuring. Then, the syariah bank must also consider basic Islamic economic principles, such as, riba, gharar and maisir as carefulness in Islamic law. Furthermore, applications of customer service principles, such as, know your customer principles, syariah principle and syariah accounting principle are an inherent part which cannot be separated from prudential principle. Application of the principles is syariah bank loyalty to valid regulation in restructuring finance. Key words: restructuring, murabahah, prudential principle
139 SISTEM PEMBUKTIAN DALAM PENANGANAN PERKARA PERSELISIHAN HASIL PEMILIHAN UMUM KEPALA DAERAH DAN WAKIL KEPALA DAERAH (PEMILUKADA) DI MAHKAMAH KONSTITUSI, Safi
The choice of a system of proof in the case handling process within the judiciary is a very important thing. Because the verification system adopted by a judicial institution will determine the quality of the verdict to be taken. Verification system adopted by the Constitutional Court in handling cases disputes the results of the regional head elections as stipulated in Act. No. 24 Th. 2003 had the right to find a material truth which is expected. Key words: verification, constitutional court, material truth.
140 TANGGUNG JAWAB RUMAH SAKIT TERHADAP KERUGIAN AKIBAT KELALAIAN TENAGA KESEHATAN DAN IMPLIKASINYA, Setya Wahyudi
Justification hospital responsible for the losses resulting from the negligence of health workers in hospitals, namely the existence of the doctrine of respondeat superior, the doctrine of the hospital responsible for the quality of care (duty to care); and doctrine of vicarious liability, hospital liability, corporate liability. These doctrines are implemented on the provisions of Article 46 of Law Hospital in Indonesia, which determines that the hospital liable for all losses incurred on the negligence of health personnel in hospitals. The implications of the provisions was not easy for the public / patients to make compensation claims to the hospital, because it turns out there are reasons that can cause not all acts of negligence of health workers in hospitals is responsibility of the hospital. These reasons, such as health workers are not workers in the hospital; not know what parts are included in the therapeutic agreement with the doctor and what parts are included into the into the contract with the hospital. Key words: hospital responbility; negligence, health workers
141 KEADILAN DALAM PERSPEKTIF FILSAFAT ILMU HUKUM, Inge Dwisvimiar
The author in this paper tries to investigate and describe the perspective of Justice in Legal Studies. Fairness in Legal Studies Philosophy attention to all aspects of terminology relating to justice and legal philosophy of science. Justice is the ideals and purposes of the law that reach from the philosophy of science perspective of the law by providing that justice is realized through law. By reviewing the opinion of Plato and Aristotle as the foundations of justice, Thomas Aquinas, who called for justice as well as John Rawls proportional equality with justice fairness the the basic values of justice are included in the study of philosophy of science philosophy of law will be answered by the legal science it self.The justice is not just there and read the text of legislation but also the legal justice in society. Both Article 16 paragraph (1) Law 4/2004 and Article 5 paragraph (1) Law 48/2009 states that justice shall be upheld in spite of no normative provisions and how thejudge alone buat also to explore and understand the values and sense of justice that exists in the community. Key words: justice, legal studies, philosophy of science of law
142 AKTUALISASI PRINSIP HUKUM PELESTARIAN FUNGSI LINGKUNGAN HIDUP DALAM KEBIJAKAN PERUBAHAN PERUNTUKAN, FUNGSI, DAN PENGGUNAAN KAWASAN HUTAN, Iskandar
This article are intended to describe the thirteen principles of environment conservation law in sustainable forest management as an instrument of prevention of forest damage. In the realization, almost all of the principles are not applied or not be the basis of consideration, either by the Ministry of Forestry, relevant sector ministries, and local governments in establishing the concervation policies. This makes the implementation of policies to use, changes in the function, and use (permission to borrow to use) the forest resist of violations and irregularities. Therefore, it needs to be developed (ius constituendum perspective) the principle of environmental law as a general principles, which has the nature of force and lead to the development of leadership character of the decision makers. Key words: Actualization, Principles of Law, Conservation, Environment Functions, Forest.
143 KONTRAK BUILD OPERATE TRANSFER SEBAGAI PERJANJIAN KEBIJAKAN PEMERINTAH DENGAN PIHAK SWASTA, Lalu Hadi Adha
BOT (Build Operate Transfer) as a form of agreement held by the government policy with private parties is a legal act by the agency or the State administration officials who make public policy as the object of the agreement. Although inherent in him as a body or public official, the government in implementing the contractual relationship with another party (private) legal act is not governed by public law, but based on the laws and regulations of civil law (privaat recht), as the case of legislation that underlie civil legal actions carried out a body of citizens and civil law. The research shows that in a contractual relationship, the government as a party to the BOT contracts have no equal footing with their counterparts. This will be discussed in more depth in the study of law with the approach of juridical normative or study in a BOT contract as an agreement policy. Key words : BOT contract, agreement, policy
144 PEMBENTUKAN MODEL PERLINDUNGAN ANAK BURUH MIGRAN DI KABUPATEN BANYUMAS , Riris Ardhanariswari, Waluyo Handoko, dan Sofa Marwah
This paper discusses about the model of protection children of migrant workers that most appropriate and can be used as a reference for the model of child protection that more comprehensive. The approach used in this study is a qualitative action research approach. The selected research location include two villages that representing the rural and semi-urban areas of two districts which they are the basis of migrant workers, such as Kedondong Village District of Sokaraja (semi-urban) and Dawuhan Kulon Village District of Kedungbanteng (rural). Data were selected by using purposive sampling method. Base on research, Model of child protection of migrant workers can be done by more empowering form of social workers in the district by establishing a new institution, the Board for Child Protection of Migrant Workers (BCPMW) at sub-district and district levels. Membership BCPMW at district level consisting of components Dinsosnakertrans, prospective migrant workers migrant workers, recruitment agency, social worker and observer problems of migrant workers. In carrying out its functions and duties, BCPMW have partnered with Dinsosnakertrans and BapermasPPKB. Keywords: children of migrant workers, child protection model of migrant workers
145 ANALISIS HUKUM TERHADAP EFEKTIVITAS PELAKSANAAN KEBIJAKAN PEMERINTAH DALAM PENGENTASAN KEMISKINAN DAN MODEL PENYELESAIANNYA , Muhaimin
The government has done many efforts in managing poverty problem, but the poverty problems were still unsolved and it didnt have any real comprehensive solutions yet. The results were, first: the implementation of government policy was still ineffective, because of internal factors namely culture and low educational level and the external factors like there werent any valid data and mapping about poverty profile, and specific comprehensive goverment policy and law. Secondly, the main problems regarding to the poverty management were education, skill, and government policy that still using project paradigm and aid, there was no exact regulation and institution focused in managing poverty problems and culture. Thirdly, the effective Pemda policy models by create Perda and make composed specific regulation and institution empowering programme. Keywords: government policy, poverty, problem solving models.
146 PENERAPAN PERLINDUNGAN HUKUM TERHADAP WISATAWAN YANG MENGALAMI KERUGIAN DI OBYEK WISATA (STUDI DI KABUPATEN PURBALINGGA) , Sarsiti dan Muhammad Taufiq
In the era of globalization, the protection of domestic service users and the entreprenuer of domestic tourism is needed. This research concern about the application of legal protection and remedies law for tourist who suffered losses in tourist location. The method used is normative juridical approach. The collection of legal substance done by documentary and then analyzed using method of normative qualitative. Based on this research, the Local Government of Purbalingga have no consider the consumer, as a subject in the tourism industry, because only one tourist location existing regulations, and it was only regulate the formation of regional companies. Application of compensation is only applied to physical accident at the tourist location in, cooperation with PT Jasa Raharja, whereas the loss of non physical/material not regulated yet. Dispute settlement as a result of suffered losses in the tourist location can be done peacefully or adversarially by using BPSK or filling a lawsuit to court. Keywords: legal protection, tourist, losses
147 IMPLEMENTASI KEBIJAKAN ZONASI PASAR TRADISIONAL DAN PASAR MODERN (STUDI DI KABUPATEN PURBALINGGA), Weda Kupita dan Rahadi Wasi Bintoro
Regency area that investment increased more relatively is Purbalingga. One of the Increased industrial sector is retail, whether traditional market and modern market formats such as alfamart and Indomart. Today almost every district in Purbalingga have more than one retail market in a modern format, such as in Kalimanah District, Padamara District, Bobotsari District and Bojongsari District. Therefore, researchers are interested to discuss about the implementation of zo-ning policies of traditional markets and modern markets in Purbalingga and what factors are likely to affect the implementation of zoning policies of tradisional market and a modern market in Purbalingga.Based on the results there are un synchronized legislation in zonation of traditi onal market and modern market. The factors that affect in policy of zoning traditional market and modern market are the law, law enforcement, facilities and infrastructure, community, and cultural factors. Keywords : policy, traditional market, modern market
148 TANGGUNG JAWAB WALI TERHADAP ANAK YANG BERADA DI BAWAH PERWALIANNYA (SUATU PENELITIAN DI KOTA BANDA ACEH), Zahratul Idami
The resut of the research shows that there were guardians who did not make the list of the childrens property and also did not record all the changes of property of the children under their guardianship when he started the position. There were also trustees who did not give all property of the children even thoug their already reached the age of 18 and already get married. It was caused by some factors such as their lack of knowledge on his duty and responsibility toward the children under their guardianship, their opinion that the children were not capable enough to manage the money by himself due to their bad attitude. Lack of socialization;more feeling of relationship; unclear of mechanism of guardianship;unavailableof controlling institution which is really consent to the guardianship. The efforts can be done: a continous controlling and deep toward the guardians and the children under their guardianship. Also it is better if the government make a strict regulation related to the guardianship. Keywords : responsibility, guardian, guardianship
149 MENGGUGAT RELASI FILSAFAT POSITIVISME DENGAN AJARAN HUKUM DOKTRINAL , FX. Adji Samekto
In the teaching of law, there is often "mistaken", that puts legal positivism (jurisprudence) is identical with the philosophy of positivism. Legal positivism be identified as an instance of positivism philosophy intact. The study of legal positivism, in fact very closely related to the philosophy and teachings of the law from time to time. The effects of natural law in the scholastic era, then the era of rationalism and the influence of positivism in the philosophy of natural science is very attached to the legal positivism until today. Therefore not only the philosophy of positivism affecting the development of legal positivism. Based on that then the legal positivism in fact has a characteristic which is different from the social sciences. If the social sciences were developed based on the philosophy of positivism, the doctrinal teaching of the law is not entirely been developed based on the philosophy of positivism. Not all the logical positivist philosophy can be applied in the doctrinal law. Keywords : positivism, legal positivism, doctrinal
150 PROBLEMA PENGGANTIAN HUKUM-HUKUM KOLONIAL DENGAN HUKUM-HUKUM NASIONAL SEBAGAI POLITIK HUKUM , Maroni
Replacement of colonial law was committed by Indonesia since the first, but fact there are still lot of colonial law have a status as positive law. The problems, what is the problematic causing factors of replacement colonial law with national law and how the politics of law response its problematics? The results of the study describe that the causing factors consist of (a) the heterogeneity of Indonesian nation, (b) embrace the principle of unification and codification; (c) differences in views on human rights. While, the politics of law formed as guidance for the colonial laws which are difficult to change such the law that relating to social life, cultural and spiritual. In other case, the field of "neutral" law such contract law and in the field of commercial law changing by renewal or creation the law. Keywords: Problems, colonial, national, politics of law.
151 PERLINDUNGAN TERHADAP ORANG-ORANG DALAM DAERAH KONFLIK BERSENJATA MENURUT HUKUM HUMANITER INTERNASIONAL, Adwani
Persons that involved in an armed conflict are protected by law which regulated in Article 13 of Geneva Convention 1949. There are some persons who receive protection such as combatants, militia and levee en maase and civilians as a matter of law, however, the protection itself has not been fully implemented. This article aims to discuss persons who receive protection whether the persons involve in an armed conflict or not. In principle, persons who involve in an armed conflict must protect the combatants who took direct participation when the combatants are wounded and hostile. However, the protection are not implemented accordingly since they often receive violence attacks. Furthermore, civilians often became victim of attack that classified as inhuman treatment. Keywords: Protected, proctected persons, armed conflict
152 REFORMASI SISTEM PERADILAN PIDANA DALAM RANGKA PENANGGULANGAN MAFIA PERADILAN , J. Pajar Widodo
The purpose of reformation criminal justice system is to strengthen the principle of independence and impartiality criminal justice. Strengthening of independence principle and impartiality criminal justice is done in the process of constitutional amendment and legislation. The reformation of the criminal justice system includes the substance of the law of one roof system design of judicial power that culminated in the Supreme Court. The strengthening of the principle of independence and impartiality criminal justice is to overcome judicial mafia practice that equipped by law reformation culture to uphold the value system, which are values and principles due process of law. Keyword: Judicial reform, independence, judicial mafia
153 PASANG SURUT HUBUNGAN ANTARA MAHKAMAH AGUNG DENGAN KOMISI YUDISIAL DALAM SISTEM KETATANEGARAAN REPUBLIK INDONESIA , Muhammad Fauzan
The relationship between the Supreme Court by the Judicial Commission in the Republic of Indonesia system is not harmonious, this is due to the first, the disharmony between the law on judicial power, including the law on Judicial Power, the law on the Supreme Court, the law on Constitutional Court and the law on the Judicial Commission. Both of the leadership character that exist in the Supreme Court and the Judicial Commission were too emphasizes in ego that one sector feel more superior than the others. To create a harmonious relationship between Supreme Court and Judicial Commission can be done by establishing intensive communication between both of them and by improvement in legislation. Keywords : relation, Supreme Court, Judicial Commission
154 MODEL IDEAL PARTISIPASI MASYARAKAT DALAM PEMBENTUKAN PERATURAN DAERAH , Iza Rumesten R.S.
There are some negative phenomena in this autonomy era that changing of new local regulation that has just legalized and not effectively implemented with the new regulation that not relevant with the society need. This regulation has been changed because its contradictive with the higher regulations. It phenomena happen because of less participation of the society in making the local regulation, started from the making process to the evaluation process. Keywords: ideal model, public participation, local regulation
155 PENERAPAN PRINSIP TANGGUNG GUGAT DALAM PELAKSANAAN TANGGUNG JAWAB SOSIAL PERUSAHAAN DALAM RANGKA IMPLEMENTASI TRIPLE BOTTOM LINE DI INDONESIA , Misahardi Milamarta
The goal of this research is to determine the application of the accountability principle in the implementation of corporate social responsibility within the framework of implementation of triple bottom line in Indonesia. It is a normative legal research using secondary dan primary data. Seconda-ry data obtained through libabry research, while the primary data obtained through in-depth interviews. To ensure the data validity is used the criticism source. Data were analyzed using editing analysis style. The results of this study indicate that the application of an accountability principle is not easy. Standard or criteria that must be applied in case relating to the application of an accountability principle should clearly and objectively. Keywords : an accountability principle, corporate social responsibility, triple bottom line.
156 PERMASALAHAN DAN KENDALA PENYELESAIAN SENGKETA KONSUMEN MELALUI BADAN PENYELESAIAN SENGKETA KONSUMEN (BPSK) , Kurniawan
Consumer dispute can be resolved through on courts or outside the court based on voluntary choice of the parties. Settlement of dispute through the court provisions on the article 45. Dispute of the settlement can be solved out the court by using Consumer Dispute Settlement Body (BPSK).The purpose of establshing BPSK is to protec consumer and producer by designing consumer protection system that contain legal certainty and transparency the information. The existence of BPSK expected equality of justice especially to consumer that aggrieved by consumer. It because the dispute between consumer and producer generally involved in small value so that the consumer hesitate to registered his case to judicial process. There is no adequate between the court fee and indemnification perceived. The problems that the decision of BPSK has characteristic final and binding however it can be carried out to the district court and the decision cannot be executed directly or realized. Keywords: consumers right, consumers protection, dispute resolution.
157 PENERAPAN ASAS NASIONALITAS DALAM PERUNDANG-UNDANGAN AGRARIA INDONESIA (STUDI KASUS PP NO.40 TAHUN 1996), Jum Anggriani
The Agrarian law regulated that only the Indonesian citizen that have the complete connection with the earth, water and the sky. This means that only Indonesian citizen that have the rightful autority of land. This suggests there are a principle of nationality in the Law no. 5 years 1960 primarily as the strongest and fullest of a hereditary property. Keywords : nationality principle, public service, welfare state.
158 KEWENANGAN PEMERINTAH DAERAH TERHADAP HAK PENGUASAAN ATAS TANAH , Urip Santoso
Tenure of land that can be controlled by local government is the right to use and the right to managing the Land. The authority of local government to the land which has the status of right to use by using the land for the benefit of its duties. If the land has the right to managing statutes, the authority is planning the design and the use of land, using the land for the benefit of its duties, and handed the right of managing land to the third parties and/or work with the third parties. Local government are not authorized to lease the right of land and the right of management to another party. Keywords: authority, local government, tenure of land
159 PERADILAN BERBASIS HARMONI DALAM DALAM GUYUB BUDAYA LAMAHOLOT - FLORES , Karolus Kopong Medan
This study tried to offer a new theoretic perspective about settlement form of criminal case. Through law anthropolgy study by using etnography approach and hermeneutic analysis method, this study more strengthen the faith that the final goal of every court process is not only to determine who is wrong and who is right, but also to find out the justice and the truth. But, additionally judicial process has to make a harmony or rebuild a social relation among the victims of conflict. Even, a social harmony that was built is managed generally as individual, and collective context, and as also vertically to the Almighty God. The judicial orientation with rich philosophy of harmony can be applied to social sphere, because actually the harmony value is everybodys dream in the world. Key words: judicial, criminal, harmony, adat tradition, Lamaholot society.
160 KRITIK IDEOLOGIS TERHADAP DASAR KEFILSAFATAN ASAS LEGALITAS DALAM HUKUM PIDANA, Deni SB Yuherawan
The essence of legality principle is None is punishable for doing something unless it is forbidden by law established prior to the action. Consequently, actor of wrongdoing will not be criminally prosecuted unless penal statutes prohibit what he or she has done. The purpose of this article is to criticize the basic philosophy of legality principle. The point of departure of the critique is ontological basis of legality principle; subsequently, it goes to axiological basis of the principle. By ideological critique, it is to open up to view and at the same time criticize the basic substance and value of legality principle. In addition, this article also reexamines the legality principle. It is found that from both ontological and axiological bases, legality principle has shortcoming in that it relies upon statute rather than the substance of the conduct that may harm another. This article recommends that another more comprehensive principle be introduced, in which any crime should be punished if it contradicts criminal law or nullum crimen (delictum) nulla poena sine pr?via iure poenali (No offense, no punishment without criminal law previously exists). Key words: Ideological Critique, ontological and axiological bases, and sine pr?via iure
161 STUDI POTENSI KOMPETISI ANTARA PASAR TRADISIONAL DENGAN TOKO MODERN PASCA PERATURAN PRESIDEN (PERPRES)NOMOR 112 TAHUN 2007 DI MADURA , Uswatun Hasanah dan Indien Winarwati
The presence of Regulation the President No. 112 of 2007 is expected to realize the presence of a modern store that can compete in a healthy and fair with traditional markets. Although it has been mentioned that the establishment of modern stores have to pay attention spatial plan district, does not detract from the fact zoning violations on the establishment of a modern store. The study was based on indepth interviews with informants, traditional markets, modern store merchants, officials in the region Bangkalan, Sampang, Pamekasan, Sumenep.The results of this study can be concluded that the competition between the traditional market with modern stores after the enactment of Regulation the Presidential No.112 of 2007 increasingly stringent, as evidenced by the increasing proliferation of modern stores, especially the mini-sale systems and types of merchandise similar to the traditional markets. The factors that became the driving and inhibiting competition is no regulation and management matters. Efforts are being made in overcoming the constraints of competition through improved physical infrastructure, but have not touched on the professionalism of the management of traditional markets. Key words : competition, traditional market, modern store after the enactment Regulation the President No. 112 of 2007
162 PERLINDUNGAN HUKUM TERHADAP PEREMPUAN DALAM PROSES GUGAT CERAI (KHULU) DI PENGADILAN AGAMA PALEMBANG, M. Syaifuddin dan Sri Turatmiyah
Divorce cases in the Islamic Court of Palembang (Pengadilan Agama Palembang) becomes the top of the list, during the year 2009 (72%), 2010 (72%) and 2011 (in June) about 70%. The purpose of this study is to analyze the causes of high divorce rate happening in the city of Palembang, beside to explain the forms of legal protection and analyzes the factors that becoming obstacles for the wife in a filed divorced. The research was conducted with a Normative-Juridical approach which is completed with Empirical Juridical, The location is in the jurisdiction of the Islamic Courts in Palembang (Pengadilan Agama Palembang. Causes of high divorce cases in the city of Palembang, among others: a) economic factors; b) Lack of responsibility; c) a young age and no permanent employment; d) cheating and Unhealthy polygamy as well as domestic violence. Legal protection towards wives who filed the divorce, in Indonesian legal system has been arranged as equality in law and equal treatment before the law and the right to justice. Barriers toward the wife filing the divorce among others: cultural factors, economic dependence, lack of knowledge, and bias Perspective of judges who tend to blame the women, the long process of trial and expensive fees to be paid, also Over valued self-esteem in Indonesian people's community, as well as women's rights arenot easily executed. Key words: legal protection, divorce process
163 HAK ATAS PELAYANAN DAN PERLINDUNGAN KESEHATAN IBU DAN ANAK (Implementasi Kebijakan Di Kabupaten Banyumas), Tedi Sudrajat dan Agus Mardianto
Design of services and health protection for mothers and children in Banyumas directed by a strategic policy to reducing Maternal Mortality Rate (MMR) and Infant Mortality Rate (IMR). In its implementation, especially in Maternal Mortality, the policies were still exceeded the target of Millennium Development Goals (MDGs). In the term of legal protection, the policy not mention the sanction and its influence the implementation that not optimal. But if there are omissions or errors that indicated malpractice will be subject by criminal, civil, administrative and ethics sanctions. Key words: health service, legal protection, maternal and child health
164 PERLINDUNGAN HUKUM TERHADAP PEKERJA ANAK DI SEKTOR INFORMAL (Studi Kasus Di Kota Kediri), Netty Endrawati
Normatively children forbidden to work. To guarantee the protection of working children has been out various laws, which exist principles prohibit children to work, and when forced to work, then the normative such children should obtain legal protection enough guarantee, and the effort was one of them is done through provisions of Article 69 paragraph (2) Law No. 13 of 2003 concerning Manpower. The implementation of legal safeguards against children working in the practice of having many barriers, including economic factors that would be a driver of why kids should be working, cultural factors, factors community participation, and lack of coordination and cooperation, government aparatur limitations personnel assigned to conduct surveillance, and other factors directly or indirectly, so until now the phenomenon of children working in the informal sector is almost always can be found all over Indonesia, both in big cities and in rural areas. Key words: working children, legal protection, the interests of the child
165 ANALISIS TERHADAP IMPLEMENTASI KEBIJAKAN PENGELOLAAN JALAN DI KABUPATEN BANYUMAS, Sri Hartini dan Setiajeng Kadarsih
Basically, the management of roads expected to be able to meet the needs of safe, convenient, and efficient for transportation of goods and services. But in reality, the road management policy in the regional autonomy were still did not meet expectations. Based on the research, the policy of road management in Banyumas are roads construction and road maintenance program. Road construction are conducted to increasing and widening of roads and paving, while road maintenance are done through regular maintenance and periodic maintenance. Factors that influence the policy are legal substance that have not been set as a whole regarding the management of roads, law enforcement which still have its main office in the policyled, facility factor that were not optimal, the society that tend to release responsibility to the government, and permissive factors. Key words: policy, road management and legal factors
166 PENGAWASAN HAKIM KONSTITUSI DALAM SISTEM PENGAWASAN HAKIM MENURUT UNDANG-UNDANG DASAR NEGARA RI 1945, Titik Triwulan Tutik
This research is normative legal research. The objective of this research is firstly to clarify whether the essence of constitutional courts judges is not included in the term of judge in the 1945 constitution and Law number 24 2003 on judicial commission. Secondly, to know how model designs of controlling judges of constitutional court are after the issuance of Constitutional courts decision Number 005/PUU-IV/2006. The conclusion of research are the judges of constitutional court are regular judges bound to all judge regulations in Indonesia, because Indonesian constitution does not recognize different typologies of judges, the note of PAH I BP MPR that formulated amendment of the 1945 constitution the discussion surrounding the typologies of judges never took place; and the legal scholars, generally tend to generalize judges to include judges of constitutional courts. The control of constitutional court necessary to adopt integrated control system, that is internal control is done by Constitutional Court and external supervision mechanism conducted by external independent department, it is Judicial Commission.Based on those findings, in implementing an integrated supervision mechanism of Constitutional Courts Judges an amendment to the 1945 Constitution is recommended and revising the Law number 22 of 2004 on Judicial Commission and law number 24 of 2003 on Constitutional Court is urgently needed. Key words: control on justice of Constitutional Court, the system of judge control, an integrated supervision mechanism
167 KENDALA PERLINDUNGAN HUKUM TERHADAP BURUH MIGRAN DI KABUPATEN CILACAP , Tri Lisiani Prihatinah, Noor Asyik, dan Kartono
In Cilacap, migrant workers are the second largest contributors of foreign exchange after oil and gas sector. It's just the contribution of migrant workers is not consistent with the protection provided by the government, seen by the increasing cases of abuse, sexual violence and trafficking. This research located in Cilacap District using normative-sociological approach to analyze the problems of migrant workers in the normative and empirical levels. The results showed that the normative provisions at the national level have not been able to reach the whole problematics of service and protection of migrant workers in the District. The normative problems include the overlapping of the regulation, duplication of regulation, and provision multiple interpretations that complicate its application. Legislation in general is also not reaching abuses of administration officials. While the results of an empirical study illustrate that the complaints of violence against migrant workers conducted largely by parents and migrant workers are mostly from poor families. Key words: migrant workers, protection, local regulation
168 SURAT WASIAT SEBAGAI PENGHINDAR CAMPURTANGAN PEMERINTAH DI AMERIKA SERIKAT BAGAIAN SELATAN, Tatit Hariyanti
Southerners are famous for their exaltation of their honor and the sanctity of their private property. Any obstacles in the ownership and the management of their private property will be regarded as a form of interference and will be eliminated or at least minimalized. Intestacy laws and death taxes are regarded as the government s interference. Intestacy laws are applied when there is no valid last will and testament. The taxes will be high or low depending of the smartness in utilizing the offered deduction through last will and testament. Key words: sanctity of private property, honor, intestacy laws, taxes, interference, last will and testament.
169 MEMBEBASKAN POSITIVISME HUKUM KE RANAH HUKUM PROGRESIF (Studi Pembacaan Teks Hukum Bagi Penegak Hukum) , A. Sukris Sarmadi
According to the law of UU No. 48 Year 2009 about Judicial Power Section 5 sentence (1) which is on its say; core express that judge is obliged to dig of law, following, and comprehending values law and sense of justice which live in society. Hence law shall comprehend to place forward sense of justice which live in society. Law have the target of its social, advocating and protecting society citizen. If text in law at variance with target of social hence text in law that have to be transferred in essence norm that at target of its social in the form of society sense of justice, defence and protection to society citizen. This matter to free positive law of inequitable of law so that law remain to in progressive target. Key words: Justice, norm, positive law, progressive law, legislation.
170 MENGKAJI POLITIK HUKUM KEBEBASAN BERAGAMA DAN BERKEYAKINAN DI INDONESIA , Muktiono
Indonesia has entered the era of human rights characterized by increasingly massive domestication of the international human rights norms in national legal system. In such a situation, in fact, the rights to freedom of religion and of belief for minorities have not received their benefits and instead they become victims. This Article seeks to investigate how it can happen by using the legal politics analysis as perspective. Legal politics here will focus on how the governments of several regimes in Indonesia have used their legislation and policy to regulate matters relating to the rights to freedom of religion and belief. In addition, it will also see how the Constitutional Court contributed to this issue by influencing the legal politics as this Court is the sole authority in interpreting the constitutional right to the freedom of religion and belief thereby affecting its normation and implementation. Key words: Religious minority group, human rights, legal politics of Indonesia
171 PELAKSANAAN SYARIAT ISLAM DI ACEH SEBAGAI BAGIAN WILAYAH NEGARA KESATUAN REPUBLIK INDONESIA (NKRI), Syamsul Bahri
The application of Sharia law is not a new thing in Indonesia, especially in Aceh. Since pre independent day of Indonesia, Aceh had been famous with its Islamic Empires, such as Samudra Pasai and Aceh Darussalam empires. Nowadays, such law is still applied by the people. However, in applying such law there are some constraints as a result of there is no fix and clear form that can be guidance in Aceh. The efforts done to find the suitable formula for such application are still conducted in every life activity that in the future might give its own characteristic in legal and political studies in Indonesia. Key words : Sharia Law, special authonomy and Qanun
172 PROSES LEGITIMISASI HMT DI PENGADILAN TIPIKOR AMARTA, Teddy Asmara
This study describes the process of enculturation anti-corruption where its dynamic has change to a legitimation of should punish the defendant. With ethnographic case study approach, the study focused on how judges interpret the criminal acts of corruption and how to respond to legitimate to punish the defendant in the context of decision-making. The results showed that the judges react in two ways of reasonings, first, they interpret it as an intervention or intimidation that threatens self-identity. Second, open records his experience of corruption and political relations, or not as transparent as other cases. Technically, the conceptual relationship between the two reasoning is a psycho-cultural cognition as a perfect reflection on their work, structured from the examination to the decision. In other word, the defendant not guilty verdict symbolizes maintaining self-identy and a rejection of legitimation of the defendant should be penalised. Key words: legitimation of defendant should be penalised, meaning of corruption cases, psycho-cultural cognition.
173 RESTORATIVE JUSTICE UNTUK PERADILAN DI INDONESIA (Perspektif Yuridis Filosofis dalam Penegakan Hukum In Concreto), Kuat Puji Prayitno
Restorative justice is a philosophy, a process, an idea, a theory and an intervention, that emphasizes repairing the harm caused or revealed by criminal behaviour. This process is in stark contrast to the established way of addressing crime which are seen as offences committed against the State. Restorative justice finds its footing in the basic philosophy of the four precepts of Pancasila, namely prioritizing deliberation in decision making. Purpose of the settlement with the Victim Offender Mediation is to "humanize" the justice system, that fairness is able to answer what the actual needs of victims, offenders and communities. Key words: Restorative justice, victim offender mediation, repairing the harm
174 PENJABARAN HUKUM ALAM MENURUT PIKIRAN ORANG JAWA BERDASARKAN PRANATA MANGSA, Rini Fidiyani dan Ubaidillah Kamal
Pranara mangsa is a local knowledge on the management of agricultural land for the Javanese people. This study aimed to determine the ability of Jawva to read the laws of nature and the existence of pranata mangsa on people Banyumas today. What is there in nature is a manifestation of Gods eternal law that by Him manifested in signs of nature. How to interpret the laws of nature by which Java is used as a benchmark in managing land called pranata mangsa.Pranata mangsa are dynamic institution, especially with the uncertain climate change. For farmers Banyumas, pranata mangsa remains a benchmark, but as the development of science and technology, pranata mangsa becoming obsolete. This is a threat to the existence of pranata mangsa as national heritage. Key words: pranata mangsa, anthropology of law, natural law, the Javanese
175 KEDUDUKAN KETETAPAN MPR BERDASARKAN UU NO. 12 TAHUN 2011 TENTANG PEMBENTUKAN PERATURAN PERUNDANG-UNDANGAN, Delfina Gusman dan Andi Nova
MPR Decree in resettlement of legislation under the Constitution of 1945 on the basis of Law No. 12 Year 2011 cocerning formation of legislation gives rise to a variety of polemics in the position of the MPR as State institutions. Provisions of the MPR is considered to have urgency in Indonesia's system, because the MPR as State institutions is considered to still have the duty and the authority of its strategic, e.g: inauguration of President and Vice President, the establishment of the Constitution. MPR also made provisions as one of basic national legislation program. Keywords : MPR Decree, national legislation program, rule of law
176 IMPLEMENTASI PEMERINTAHAN YANG BERSIH DALAM KERANGKA RENCANA AKSI DAERAH PEMBERANTASAN KORUPSI (RAD-PK)(Studi Di Kabupaten Pemalang) , Muhammad Fauzan, Bahtaruddin dan Hikmah Nuraini
This research related to the implementation of good governance, free from corruption, collusion and nepotism. The approach used in this research is a descriptive qualitative approach. The Location of research conducted in the District of Pemalang. Based on the research results can presented that the District of Pemalang is committed and fully supports the government policy in eradicating corruption. District of Pemalang support to efforts to more information accelerate the eradication of corruption stated in the the Regional Action Plan to Accelerate the Eradication of Corruption (RAD-PK) in 2011 -2016 which refers to the Medium Term Development Plan (RPJM) District of Pemalang from 2011 to 2016 and the National Action Plan for Eradication of Corruption (RAN-PK) and the President of Republic of Indonesia Instruction No. 5 Year 2004 on Accelerating the eradication of corruption. RAD-PK 2011-2016 District of Pemalang is a document that contains an action program that aims to accelerate the eradication of corruption. RAD-PK as a program of action containing concrete measures that have been agreed by the stakeholders in the area, so it has been a commitment of local governments prevention efforts corruption through the development of programs and activities aimed at improving public services and the application of the principles of good governance. Keywords: governance, eradication, corruption
177 PENGARUH REFORMASI BIROKRASI TERHADAP PERIZINAN PENANAMAN MODAL DI DAERAH (Studi Kasus Di Pemerintahan Kota Bekasi) , Suwari Akhmaddhian
Bureaucratic reform is essentially an attempt to reform and fundamental changes to the system of governance in order to reach the goal of bureaucratic reform to accelerate achievement of good governance and efforts to improve support for local government in increasing performance. Bureaucracy reform program runs which is principally consisted of institusional reform, human resources reform and management information technology support in the licensing process. Institutional reform is by estabilishing a new agency that handles the licensing process in the past, licensing process has to go through the different agencies and with the reform of the bureaucracy in the licensing process united in one body that is unified, improve human resources through training and increase the transparency of information through the management information technology support. Bureaucratic reform in investment licensing in the area is already under way in an effort to improve the service to the community, so good governance is not just a dream and soon will become a reality. Key words: licensing, service, bureaucratic reform.
178 MEWUJUDKAN KEPASTIAN HUKUM, KEADILAN DAN KEMANFAATAN DALAM PUTUSAN HAKIM DI PERADILAN PERDATA, Fence M. Wantu
Courts verdicts issued by the judge ideally contain aspects of legal certainty, justice, and utility. It is not easy though to synergize the three aspects aforementioned. Between aspects of legal certainty and justice, in particular, there are always disagreements. The research results conclude that a judge does not have to stick on one principle whenever examining and deciding a case. In terms of obstacles, the judge is facing a deadlock whenever written stipulations cannot answer the problems arose. The emphasis on justice principle means that the judge should take into consideration the law, which exists in the society, including customs and unwritten laws. The judge in his argument and legal consideration must be able to accommodate any stipulations exist in the society, both customs and unwritten law. The emphasis on utility principle tends to direct to an economic nuance circumstance. It bases its thought on the idea that law is for human beings or public. Key words: legal certainty, justice, utility, civil justice
179 PERLINDUNGAN HUKUM TRANSAKSI JUAL BELI KOMPUTER RAKITAN MENURUT UNDANG-UNDANG TENTANG PERLINDUNGAN KONSUMEN (Studi Di Bintan Risky Computer Surabaya) , Erie Hariyanto
In the computer trade is known two terms of the computer type namely Branded computer, which is usually sold in a well packet, assembled by the producer (company) and the second one is assembly computer that nowadays dominates more than 60 % of computer market share in Indonesia in which the trade transaction makes many obstacles which need the solution and law protection for those involved in the trade transaction of assembly computer. By being prevailed the law of number 8, 1999 about consumer protection, it is wondered whether it has given the law protection for those who are involved especially the consumers. It can be devided into three stages, they are preliminary transaction or the bargain of assembly computer through advertisement, the transaction or agreement of the assembly computer trade and the last is the transaction of sale after service that also concerns with the guarantee. The form of lawsuit solution is commonly done by the familial relathionship between the consumer and the seller. It is the best and effective solution, although the law of the consumer protection also gives the place to complain their cases through the consumer lawsuit affairs. Key words: law protection, trade transaction, assembly computer
180 PERJANJIAN BUILD AND TRANSFER ANTARA PEMERINTAH DAERAH DENGAN PIHAK SWASTA DALAM PENYEDIAAN INFRASTRUKTUR(Studi Di Nusa Tenggara Barat) , Zainal Asikin
Undergoing local authority does not always bring with it advantage to the local government, but this may challenge the local government to make efforts to support and fund its governmental develop-ment. On of the ways out is by working in cooperation with private enterprises based the law of local execution. This study is intended to analize the cooperative agreement of local government with build and transfer model which is adopted widely by some local governments in Indonesia. Through normative juridical study along with statute and case approaches, it is found the coopera-tive agreement of build and transfer in Indonesia is ruled by some official regulations which have different substantive points and have conflicted norms and vague rules related to legal subyect, procedures or mechanism of having agreement. In the future it is needed to issue legal decision re-lated to cooperative agreement between the local government and private enterprises which is more comprehensively in order to resolve the legal affairs or disputes. Key words: build and transfer, infrastructure, bouwheer
181 MODEL PERLINDUNGAN HUKUM TERHADAP KEBIJAKAN PELAYANAN KESEHATAN MASYARAKAT MISKIN DI KABUPATEN BANYUMAS, Sri Hartini, Tedi Sudrajat, dan Rahadi Wasi Bintoro
The legal protection to health care, especially for the poor directed to apply the principles of holistic, unity, evenly, acceptable and achievable. Therefore, this article is useful to explain the rules, policies and barriers that occur in its implementation. Based on the classification, there are 3 part in implementing legal protection and health services include arrangement of the essence of health development, funding and health service delivery. Policies that have been implemented in Banyumas includes a health card namelly jamkesmas, jamkesda, and jampersal. In fact, there are resistance from the aspect of substance, structure and legal culture that affects all three models of its implementation. Key words: legal protection, health care, the poor
182 PRINSIP ADAT ACEH TENTANG PERWALIAN ANAK KORBAN GEMPA DAN TSUNAMI DI BANDA ACEH DAN ACEH BESAR , Laila M Rasyid dan Romi Asmara
Earthquake and tsunami that occurred on December 26, 2004 has brought heavy casualties and one of them are children who lost parents. One of the efforts undertaken to protect them is by appointment or a trust either by others or close relatives. In this study known a few years after the Tsunami occurred, determining application rates of adoption / guardianship quite a lot of happenned in Banda Aceh and Aceh Besar, and motivation to perform the average because of economic interests related to money wages, pension or insurance held by children. The process of removal/custody of children is predominantly used by indigenous peoples in the community, and formal legal principle was used when dealing with law. In the field can be found that property management should a supervision from geuchik,tuha peut and Imum Meunasah, Tuha peut which is the Baitul Mal Village officials to prevent misuse. Keywords: Child, Victim, earthquake, Aceh
183 PERAN LEMBAGA PENDIDIKAN DALAM PEMBERANTASAN TINDAK PIDANA KORUPSI DI INDONESIA , Ridwan
Corruption act in Indonesia is a very serious crime and has serious consequences for the nation of Indonesia, and the most disadvantaged are the people, welfare of the people is the desire of every person difficult to realize, while eradication is very slow. Combating corruption is a very important part in saving the nation from the threat of destruction is therefore a serious effort is needed in its eradication. Educational institutions have an important role for the eradication of corruption in Indonesia, because of the higher education institutions by law forming the character of each person for anti-corruption can be done, for it's efforts to improve the science of divinity to be very important, so the morality of everyone, including law enforcement becomes an important part in real life can be maintained, the science of religion without science is incomplete. Key words: corruption, moral, education, divinity
184 OTORITAS JASA KEUANGAN: SISTEM BARU DALAM PENGATURAN DAN PENGAWASAN SEKTOR JASA KEUANGAN , Hesty D. Lestari
A new institution has been created by Act Number 21 of 2011 regarding the Financial Services Authority (Otoritas Jasa Keuangan/OJK). The new institution, also named OJK, has the function of conducting an integrated regulatory and supervisory sistem for the whole activities in the financial services industry. It takes over the function of the Bank of Indonesia in banking supervision and the function of the Capital Market and Financial Institution Supervisory Agency in supervising capital market, insurance, pension fund, and other financial services. OJK is responsible for maintaining the stability of the Indonesian financial system. Key words: FSA, financial system, banking supervision
185 PENGEMBANGAN HAK KEKAYAAN INTELEKTUAL SEBAGAI COLLATERAL (AGUNAN) UNTUK MENDAPATKAN KREDIT PERBANKAN DI INDONESIA, Sri Mulyani
Intellectual Property Rights is granted the exclusive rights to creators, inventors or designers for the creation or invention that has commercial value, either directly or through the automatic registration of the relevant agencies as awards, recognition should be given the protection of the rights of the community development law. Globally, the IPR will be used as collateral to obtain a bank loan internasional. In this law is necessary to realize the concept of legislation in each country who are willing to apply that regulate substance loading, binding, and registration of intellectual property as collateral. Key words: development of intellectual property rights, collateral, bank credit in Indonesia