Anis Mashdurohatun
Dosen Fakultas Hukum UNISSULA

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PENEGAKAN HUKUM PIDANA DI BIDANG ILLEGAL LOGGING BAGI KELESTARIAN LINGKUNGAN HIDUP DAN UPAYA PENANGGULANGANNYA

Jurnal Hukum Vol 26, No 2 (2011): “Jurnal Hukum” Volume XXVI, Nomor 2, Edisi Agustus 2011
Publisher : Universitas Islam Sultan Agung

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Abstract

Criminal Law Enforcement in the Field of Illegal Logging for environmental sustainability has not been completed properly, In fact the government was impressed as if keen to eradicate illegal logging, while the court would release him diligently. development of environmental law in Indonesia. Constraints, the Indonesian legal system is still associated with the pattern of claims with losses that are real. Future losses can not be applied in real terms, therefore losses are not yet occurred, is still a problems of law in Indonesia. Illegal logging is highly impact on the state of ecosystems in Indonesia. Logging provides a very adverse impact surrounding communities, and even the world community. Losses caused by forest destruction is not only the economic value of damage, loss of lung Indonesia and the world, global warming, will be followed by climate change such as increased rainfall in some parts of the world, catastrophic floods and landslides, but instead in another hemisphere experiencing a prolonged drought.

PROBLEMATIKA PERLINDUNGAN HAK CIPTADI INDONESIA

YUSTISIA Vol 82 (2011)
Publisher : YUSTISIA

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Abstract

Development of copyrights works as part of the intellectual property rights that stem from results of human creation gave birth to a right of the creator of the so-called copyright. Copyright inherent in the creator differs from otherintellectual property rights, because theinherent consists of two types of rights, moral rights and economic rights. The problems ofcopyright protection in Indonesia is caused byseveralthings including: Islamic view of Copyrights, the publics view of the Copyright, Still Lack PopularizingCopyright Act, the Purchaser is notin thequestioning, andlegal awareness.

IDENTIFIKASI FAIR USE/FAIR DEALING HAK CIPTA ATAS BUKU DALAM PENGEMBANGAN IPTEK PADA PENDIDIKAN TINGGI DIJAWA TENGAH

YUSTISIA Vol 93 (2015)
Publisher : YUSTISIA

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AbstrakTujuan Penelitian adalah untuk megidentikasi implementasi fair use/fair dealing hak cipta atas buku pengembangan IPTEK pada Pendidikan Tinggi Jawa Tengah. Penelitian ini dilakukan dengan menggunakan pendekatan yuridis sosiologis. Teknik Pengambilan sampai dengan menggunakan purposive nonrandom sampling. Adapun pengumpulan data dilakukan dengan studi kepustakaan dan lapangan (observasi,kuesioner dan wawancara) terhadap penulisan dan penggunaan buku. analisis data dilakukan dengan menggunakan analisis deskriptif kualitatif. Hasil penelitian menunjukan bahwa identikasi implementasi fair use/fair dealing hak cipta atas buku dalam pengembangan IPTEK pada pendidikan tinggi di Jawa Tengah terkendala dengan beragamnya persepsi masyarakat penggunaan buku di salatiga, kabupaten semarang dan kota semarang, sehingga memicu terjadinya pelanggaran hak cipta atas buku, dan rendahnya penghargaan hak moral dan hak ekonomi pencipta/pemegang hak cipta, selain itu juga reading habit masyarakat yang rendah dan daya beli masyarakat terhadap buku masih sangat rendah, oleh karena itu dalam pengembangan IPTEK pada pendidikan tinggi diperlukan kebijakan model fair use/fair dealing hak cipta atas buku dalam pengembangan IPTEK pada pendidikan tinggi di Jawa Tengah dengan berasaskan keseimbangan hak dan pemanfaatan buku yang menjamin aksesbilitas buku mudah, yang berkualitas dalam bentuk buku teks dan e-books dengan harga yang terjangkau.Kata kunci : fair use/fair dealing hak cipta buku, IPTEK dan Pendidikan Tinggi.

IDENTIFIKASI FAIR USE/FAIR DEALING HAK CIPTA ATAS BUKU DALAM PENGEMBANGAN IPTEK PADA PENDIDIKAN TINGGI DI JAWA TENGAH

Yustisia Jurnal Hukum Vol 4, No 3: SEPTEMBER-DECEMBER 2015
Publisher : Faculty of Law, Universitas Sebelas Maret

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Abstract

AbstractThe purpose of this research is identified the implementation of fair use/ fair dealingof book’s copyright of science and technology book on High Education in Central Java. This research conducted by sociological and juridical approach. The sampling technique with purposive nonrandom sampling. The data collection is used with literature study and field (observation, questionaires, and interview) for the author and users book. Analizing data is used with qualitative desctription analizing. The result shows that identification of implementation fair use/fair dealing of book’s copyright for development science and technology in High Education in Central Java has some problem with perception of users’s book society at Salatiga, Semarang District and the Semarang City, that cause of offence of book’s copyright, and low reward of moral rights and economic rights of creators/holders, also reading habit of people are low and purchasing power of people for books are very low, so because of it development of science and technology in High Education are needed fair use/fair dealing policy model of book’s copyrights of developing science and technology in High Education in Central Java with based balance rights value and utilization of books easy, which qualified in form of text books and e-Books in affordable price.Keyword : fair use/fair dealing, book’s copyrights, science and technology, and High Education.  AbstrakTujuan penelitian adalah untuk mengidentifikasi implementasifair use/ fair dealinghak cipta atas buku pengembangan IPTEK pada Pendidikan Tinggidi Jawa Tengah. Penelitian ini  dilakukan dengan menggunakan  pendekatan yuridis sosiologis. Teknik pengambilan sampel dengan menggunakan purposive nonrandom sampling. Adapun pengumpulan data dilakukan dengan studi kepustakaan dan lapangan (observasi, kuesioner dan wawancara) terhadap penulis dan pengguna buku. Analisis data dilakukan dengan menggunakan analisis deskriptif kualitatif. Hasil penelitian menunjukkan bahwa identifikasi implementasi fair use/fair dealing hak cipta atas buku dalam pengembangan IPTEK pada pendidikan tinggi di Jawa Tengah terkendala dengan beragamnya persepsi masyarakat pengguna buku di Salatiga, Kabupaten Semarang dan Kota Semarang, sehingga memicu terjadinya pelanggaran hak cipta atas buku, dan rendahnya penghargaan hak moral dan hak ekonomi pencipta/pemegang hak cipta, selain itu juga reading habit masyarakat yang rendah dan daya beli masyarakat terhadap buku masih sangat rendah, oleh karena itu dalam pengembangan IPTEK pada Pendidikan Tinggi diperlukannya kebijakan model fair use/fair dealing hak cipta atas buku dalam pengembangan IPTEK pada pendidikan tinggi di Jawa Tengah dengan berasaskan keseimbangan hak dan pemanfaatan buku yang menjamin aksebilitas buku mudah, yang berkualitas dalam bentuk buku teks dan e-Books dengan harga yang terjangkau.Kata kunci : fair use/fair dealing, hak cipta buku, IPTEK dan  Pendidikan Tinggi

Policy Value of Basic Law in The Process of Criminal Investigation by Polri Investigator

Jurnal Daulat Hukum Vol 1, No 3 (2018): September 2018
Publisher : Magister of Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

Policy value of basic law of investigation on the handling of an offense by the police investigators is still less than the maximum because public distrust and dissatisfaction factors on the performance of the Police. The purpose of this research isto describe rate policy the basic law, the factors that influence and examine how the investigation should be done on the handling of criminal assault by police investigators in the present and future. The method used in this research is the approach normatife juridical and empirical approaches. Type of research is descriptive. Primary data and secondary data is data used in this study. Methods of data collection in this study using observation, interview and literature study. Analysis of data using qualitative descriptive method. The study states that 1) in order to hold the inquiry and investigation, the Investigation Police Investigation Unit and has implemented procedures in accordance with the prescribed rules legislation; 2) The most dominant factor affect the investigation that is a factor of society 3) The efforts made in overcoming the barriers that exist, such as by holding socialization and explain the importance of the role of investigator in handling criminal offense.Keywords: Basic Law; Investigation; Investigator.

THE LAWS ON “SIRRI MARRIED AND INTS IMPACT

The 2nd Proceeding “Indonesia Clean of Corruption in 2020" Table Of Content
Publisher : The 2nd Proceeding “Indonesia Clean of Corruption in 2020"

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Marriage is legal if it is done according to the Law on Religion and belief respectively and in order to have legal force and apply the power of the marriage must be registered. Reality is happening in the society there is a practice often seen Sirri marriage lawful religion, but does not have the force of law according to the positive effect. This study aims ffor know how the views of Islamic law and positive law in marriage Sirri, the factors that cause it, and how the process of completion according to the positive law. This research is normaif law, the research data source is the secondary law, both secondary-primary, and secondary-sekuder and secondary-tertiary. The tools used in the form of study documents, and the deductive and inductive analysis in descriptive form. The findings generated in this study are: (1) the grounds of marriage Sirri menur ut Islamic law is valid, but according to the positive law of marriage does not have the force valid as evidence to ensure legal certainty. (2) the factors that lead to marriage Sirri was done because of lack of knowledge and awareness of the law that the marriage should be registered. (3) the process of completion once the divorce judgment to become one. Keywords: impact, marriage Sirri, positive law.

RECONSTRUCTION OF PARATE EXECUTION MORTGAGE RIGHTS TO LAND BASED ON THE VALUE OF JUSTICE

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Credit risk in the context of financial institutions is a common occurrence but it has a negative impact if not insurmountable be influential on the soundness of the financial institution. Nevertheless, this risk can be managed and controlled, by way of precaution in terms of lending.1 Therefore, in the granting of credit, the bank must pay attention to the principles of lending right,2 which one of them is through the appraisal (coleteral) in the form of collateral that can be used as protection for creditors (financial institutions) in the event of default or breach of contract. Use of the mortgage institutions by financial institutions as collateral for the credit of the debtor for repayment of debt, considered more a sense of security in terms of lending, compared with provisions on the guarantee in the Civil Code in Article 1131. The weakness in terms of guarantees contained in the provisions of Article 1131 of the Civil Code is very different from the conception of the imposition of bail in the mortgage rights Act which guarantees the imposition of security rights institutions specifically tied and mutually exclusive because it applies only to one creditor only. This legal consequences on the situation in which if the debtor in default, mortgage holders creditors are entitled to sell the object as collateral through public auction in accordance with the provisions of the legislation in question with the right to precede rather than other creditors. Based the provisions of Article 6 of Law No. 4 of 1996 On Mortgage of Land And Objects Relating to Land (hereinafter referred to as UUHT). Takeover of collateral can be done by holders of mortgage without the need to seek prior authorization to the giver mortgag, and do not need to also ask for the establishment of a local court, if want to execute on mortgage as collateral the debt of the debtor in the case of debtor default.3 Mortgage holders may request to the  Head of Auction Office to the auction on the objects mortgage concerned,4 so this is a new step where before the execution of the deed grosse mortgages can only be done through the execution of the District Court.5 Execution of mortgage, this concept is known in the Code of Civil Code (hereinafter referred to as the Civil Code) is known as parate execution as referred to in Article 1178 of the Civil Code. Based these provisions, the takeover of the collateral in the form of a guarantee can be done by holders of mortgage (creditor) without the need for prior approval to the mortgage providers, when will be the execution of the mortgage which is a guarantee of debt of the debtor in which case the debtor is in default, this concept is known as parate execution which means that people refer to it as the execution is always ready at hand or parate execution.6 In practical implementation, execution parate implementation on the mortgage rights are not clear and even tend to stray far from the principles and doctrines parate execution. This is one of them can be seen in Article 14 paragraph (2) and (3) UUHT, where execution can be carried out on the certificate of mortgages in which includes irahirah with the words : “FOR THE SAKE OF JUSTICE UNDER THE ONE ALMIGHTY GOD”. Thus, the aforementioned phrase (irah-irah), indicates that the execution of the security object on the ground bound with mortgage understood as execution as grosse acte hypotheek. Other than that, on a general explanation Point 9 of the Act Mortgage stated that the concept of parate execution mortgage referred to in Article 14 paragraph (3) of the law still refers to Article 224 Herziene Indonesisch Reglement (hereinafter abbreviated as HIR). HIR provisions of Article 224 states that : The original letter from the letter of the mortgage and debt securities strengthened in front of a notary in Indonesia and whose head wear the words “On behalf of the Law”, equal magnitude with the judge’s decision, if the letter that should not be kept by peaceful means, then subject it to run held by the command and leadership from chairman of the district court which is in the jurisdiction the person who owes it silent or stay or choose a place of residence in the manner stated in the articles above in this section, but with the understanding that force the body can only be done, if it is allowed by the judge’s decision. If carrying out that decision to be executed at all or in part outside the area of the law courts the chairman ordered to run it, then the rules in Article 195 second paragraph and the next one followed. This condition caused multiple interpretations are not contradictory between Article 6 jo. Article 20 Paragraph (1) Clause (a) of the Act Mortgage, Article 14 paragraph (3) and Point 9 General Explanation Mortgage Act. This condition eventually making the principles of simplicity and legal certainty parate execution of mortgage not be achieved because eventually the creditor, in this case the holders of mortgage, can not run execution of mortgage easily, in accordance with the ideals of the establishment of the Act Mortgage as stated in the General Explanation of Mortgage Rights Act.

RECONSTRUCTION OF THE WASTE MANAGEMENT LAW BASED ON WELFARE VALUE

The 2nd Proceeding “Indonesia Clean of Corruption in 2020" Table Of Content
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To achieve the condition of society who live healthy and prosperous in the future, it will be necessary to have a healthy living environment. From the aspect of waste management, the healthy word would mean a condition that would be achieved if the waste can be managed well so that the living environment where human activity there will be clean (Permen PU number: 21 / PRT / M / 2006). Vision of the development of waste management systems of Departemen Pekerjaan Umum dan Perumahan is " Permukiman Sehat Yang Bersih Dari Sampah", it is reflects to achieve of a good condition and healthy environment. In general, according to the Peraturan Menteri PU nomor: 21/PRT/M/2006, the areas that get solid waste services will either be shown to have the following conditions: a.) The society has access to handle the waste that are producted from daily activities, either in living environment, commerce, offices, and other public places, b). The society has a clean living environment because the waste that are produced can be handled properly. c). The society are able to maintain their health because there is no waste that could potentially be material transmission of diseases such as diarrhea, typhoid, dysentery, and others; and environmental disturbances from pollution of air, water or soil. d.) The sociaty and the business / private sector have the opportunity to participate in waste management so as to obtain benefits for welfare. Until now, waste management paradigm used is: GATHERING-TAKING and REMOVING, and the mainstay of a city in resolving problems of waste is landfilling in TPA. The city manager is less likely to give serious attention to the TPA, so came the failure cases of TPA. The city manager seems to assume that their TPA can solve all waste problems, without having to give proportionate attention to these facilities. TPA can be time bomb for the city manager. To achieve optimal waste services, its time for a paradigm change municipal waste management. Transformative paradigm is the concept of municipal waste management to prevent or minimize the generation of pollution and other negative impacts that are detrimental to society and the environment. According to Witoelar (2006: 2) takes pioneers to change the paradigm of waste management from the approach end of the pipe (end of pipes) that dispose of waste directly to TPA towards waste management with the principles of 3R is Reduce, Reuse and Recycle. In the case of this paradigm change is far behind the other countries. For example, according to Buclet and Olivier waste management paradigm change in most European countries has been started since 1970. The waste management policy emphasis on waste reduction at source, sorting and recycling. A very important starting point in this paradigm change is a change of policy toward the minimization of garbage at the source, rather than on disposal. According to Law No.18 of 2008 on Waste Management, there are two main groups of waste management are: a.) Reduction of waste (waste minimization) consisting of restrictions on the trash, reuse, and recycling, b) Waste management (waste handling ). This condition is emphasized that the main priorities that should be done by all parties is how to reduce waste as much as possible. Part of waste or residue from waste reduction activities remaining is then performed processing (treatment) and heaping (landrilling). Waste management is an important issue in the problems of city environment that is faced in line with population growth and an increase in construction activity. The increase in waste volume grows exponentially which has not been accompanied by an increase in local government revenue equivalent to the management of municipal solid waste (Puslitbang Permukiman, Bandung 2014). This relates to the increasingly difficult and expensive to get the location of the final disposal (TPA), also are located farther away has extended transport and increase the cost of transportation.

MEDIATION RECONSTRUCTION AS ONE OF THE ALTERNATIVE SETTLEMENT OF DECLINE IN THE COURTS BASED ON THE VALUE OF JUSTICE (Study at the Simalungun District Court)

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PERMA No. 1 of 2008 on court mediation procedure is a refinement of the PERMA No. 1 of 2003, concerning the mediation procedure in court. Alternative dispute resolution through mediation aimed at creating a connection or a direct connection between the parties to have the dispute. Based on the above, mediation plays an important role, but in fact the success rate of mediation in court is still very low. I researched this research establishes, that the main problem of the effectiveness of mediation in the District Court in Simalungun and Pematangsiantar, obstacles encountered in the implementation of mediation in state court in the implementation of the mediation solution. The method used in this study is an empirical sociological research study to determine the Effectiveness of law from the perspective of the nature of this research is descriptive. The results of this study show that the effectiveness of mediation is still low to solve dispute. Obstacles encountered in the implementation of mediation in court because the parties did not understand the goodness and benefits of mediation, the role of Advocates less supportive and limitations of a mediator professionals besides facilities mediation process and efforts to overcome it by pursuing the room and mediators were appointed based on considered able to explain the process mediation, and the factors that most substances is the factor structure of the law, legal factors and cultural factors of law, the solution in the implementation of mediation in court additional is expected establishment of the implementation of training and education to become mediators area so as to facilitate legal practitioners, legal academics and legal scholars gain training and education to be a mediator, that mediation can work as expected. Keywords: Mediation, One Alternative, Dispute

THE REFLECTION OF ISLAMIC BANKING IN THEORY AND PRACTICE

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This study aims to identify the struggle of Islamic Banking in theory and practice, analyzes the factors that affect the implementation of Islamic banking as well as the reformulation of Islamic banking in the future. This study used sociological juridical approach, and the data used were primary and secondary data, these data were then analyzed by using descriptive analytical. The results showed that Islamic banking has an important principles la riba, la misyir, la gharar, la Dzulm and la haram within the framework of basic fairness, balance and well-being, but in practice there are still aberrations on Islamic principles. Some factors affect the strength of the capitalist system are human resources and culture of capitalism in banking practices and lack of oversight and enforcement. Islamic banking solution in the foreseeable future need to be strengthen the Islamic banking system, Human Resources who are experts in sharia and revitalizing the Islamic principles of independent, separate from the frame taawun capitalist system, improve internal and external monitoring and enforce the principle of sharia (kafah) in whole, consistent (Istiqomah) and giving sanctions as tarbiyah. Keywords: Reflection, Islamic banking, theory and practice.