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Jurnal Wawasan Yuridika
Articles by issue : Vol 22, No 1 (2010)
7
Articles
RASIONALITAS PENETAPAN PIDANA TAMBAHAN DALAM PENANGGULANGAN KEJAHATAN KORPORASI DI BIDANG NARKOBA

Sujasmin, Sujasmin

Jurnal Wawasan Yuridika Vol 22, No 1 (2010)
Publisher : Sekolah Tinggi Hukum Bandung

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Abstract

Act No. 5 of 1997 on psychotropic and Act No. 35 of 2009 on narcotic have already regulated corporations as subjects of criminal act, in addition to the sentence to the people. Nevertheless, there are still shortcomings particularly in stipulation of additional sentence to corporations which have committed criminal acts against Act No. 5 of 1997 and Act No. 35 of 2009. The problem formulations are as follow: the first; how is the rationality of additional sentence stipulation in prevention of corporate crime in narcotic and psychotropic fields?. The second; how are the material and formal  consequences against additional sentence stipulation in prevention of corporate crime in narcotic and psychotropic fields?Keywords: Rationality ?? Stipulation ­ Corporate Crime ­ Additional Sentence

PENYELESAIAN SENGKETA PERDAGANGAN MELALUI ARBITRASE SECARA ELEKTRONIK (ARBITRASE ON LINE) BERDASARKAN UNDANG-UNDANG NOMOR 30 TAHUN 1999 TENTANG ARBITRASE DAN ALTERNATIF PENYELESAIAN SENGKETA

Hassanah, Hetty

Jurnal Wawasan Yuridika Vol 22, No 1 (2010)
Publisher : Sekolah Tinggi Hukum Bandung

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Abstract

The advancement of information technology bears different kinds of activities, including e­commerce transaction. In this process of e­commerce transaction, there is still a problem. The solution to this problem is through arbitration on line. Nevertheless, not all business doers in traditional commerce and e­commerce know the process of commerce dispute settlement through arbitration on line, and law provision so that the process of arbitration on line is not suitable with the existing provisions that is to say Act of Dispute Settlement Alternatives (APS), and Act of Electronic Technology Information (ITE). There are some problems; validity of arbitration on line, process of arbitration on line, and also obstacles in implementation of arbitration on line decision. The result of this research shows that the implementation of arbitration on line in Indonesia has already been suitable, and it is not in contradiction to the existing legislation, although there is no regulation of implementation which regulates the process of arbitration on line.Keywords: Arbitration  On Line ­ non Litigation

NOMOR POKOK WAJIB PAJAK (NPWP) DAN PENGUSAHA KENA PAJAK (PKP)

Abuyamin, Oyok

Jurnal Wawasan Yuridika Vol 22, No 1 (2010)
Publisher : Sekolah Tinggi Hukum Bandung

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Abstract

Every taxpayer who has fulfilled subjective and objective qualification in accordance with provision and Taxation Act has an obligation to register to Directorate General of Tax where its working area covers the residence or position of the taxpayers and to them are given Registered Number of Taxpayer Subject (NPWP). Then, every taxpayer as a taxable entrepreneur based on Value Added Taxation Act year 1984 and its amendment  has anobligation to send their business reports to the office of Directorate General of Tax where its working area covers the residence or position of the taxpayers and their places of business to become taxable entrepreneurs.Keywords: Self Assessment ­ Registered Number of Taxpayers Subject: Taxable

KEDUDUKAN ??LEX NE SCRIPTA? DALAM SISTEM HUKUM INDONESIA

Gunakaya, A. Widiada

Jurnal Wawasan Yuridika Vol 22, No 1 (2010)
Publisher : Sekolah Tinggi Hukum Bandung

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Abstract

The values of Pancasila in our country does not become an ideal principle in every activity of lives. It is not used as a main basis of national law even as the source of all sources of law. The implication is that; in the level of application there are always stagnancy and resistance in the implementation and law enforcement. This is because of there is no ??lex scripta? as a norm of positive law which regulates and can become juridical principle to ensnare an unlawful act. Whereas, ??lex scripta? norm of law is acknowledged as the norm of law in Indonesia which derives from values of Pancasila as ??rechsidee?, ??grundnorm?, both in Pancasila and 1945 Constitution, and also judicial authority which merely gives authority to law enforcement apparatus to investigate, sue, punish, and decide an unlawful acts. In the system of law in Indonesia, the position ??lex ne scripta? is equal to ??lex scripta?. The consequence of law is that; ??lex ne scripta? can replace the position of ??lex scripta? if in the norm of positive law does notregulate unlawful acts. Related to the compilation of national law system in Indonesia, ??lex ne scripta? plays an important role in developing law, especially in the context of determination of legal substance, implementation and law enforcement, and also law behavior.Keywords: Pancasila ­ National Law System ­ Implementation and Law Enforcement

SEBUAH KONTEMPLASI TENTANG KLASIFIKASI HAK-HAK ASASI MANUSIA

Jurnal Wawasan Yuridika Vol 22, No 1 (2010)
Publisher : Sekolah Tinggi Hukum Bandung

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Abstract

Today, Human rights study is the most popular study object and attracts many scholars from other disciplines, and law science as well. One of focused human rights study fields is right which can be classified as a part of human rights, as the rights cannot be mentioned as fundamental rights. This writing gives an ideal classification of human rights so it can represent the definition of human rights as a universal, eternal, and natural concept. Rights classified as human rights are as follow: (1) right to live; (2) right to speak and express opinion; (3) right to freedom of assembly; (4) right to participate in government; (5) right to continue descent; (6) right to achieve prosperity; (7) right to achieve equal justice; (8) right to perform religious service; and (9) right to achieve equal position under the lawKeywords: Human Rights, Fundamental Rights, Constitution Law

BERKEADILAN YANG DILAKUKAN OLEH POLRI (Telaah Filsafat Hukum)

Saragih, Bonarsius

Jurnal Wawasan Yuridika Vol 22, No 1 (2010)
Publisher : Sekolah Tinggi Hukum Bandung

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Abstract

Law enforcement as facility to create the direction of law should be applied as effective as possible to create morality values in law. The failure of law is a very dangerous threat to the decrease of law itself. The law which does not have good implementation to morality values will be far and isolated from societies. The success of law enforcement will be a barometer of law legitimacy in the social reality. The law culture of  law enforcement, especially Indonesian Republic State Police  (POLRI)  in performing their duties and their authorities as investigators still have violation culture; false arrest, incorrect procedure. Scrutinizing philosophy principle from process law (KUHAP), the function of law enforcement entrusted to Indonesian Republic State Police (POLRI) exists in the scope of  performance of Gods mandate.The must be courageous, and must have ability to scrutinize and understand the signal of consistent justice values with conception of Gods justice values and human justice which is always created in every law enforcement. Law enforcement performed by Indonesian Republic State Police should perform good law enforcement by principles of: leaving non­ scientific investigation and always using examination pattern of scientific investigation; leaving incusator examination, but acusator way and also upholding presumption of innocence principleKeywords: Justice ­ Indonesian Police ­ Legal Philosophy

PELAKSANAAN ASAS KETERTIBAN UMUM DI PENGADILAN NASIONAL TERHADAP PUTUSAN BADAN ARBITRASE ASING (LUAR NEGERI)

Basarah, Mochamad

Jurnal Wawasan Yuridika Vol 22, No 1 (2010)
Publisher : Sekolah Tinggi Hukum Bandung

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Abstract

New York convention was designed to give international value to decision of arbitration and also has regulated two items in arbitration mechanism, that is to say recognition of arbitration clause, and also recognition and implementation of arbitration decision. National court of justice related to this mechanism will adapt itself to convention regulations. This case is possible to appear although every party has chosen substantive law from different countries to regulate their agreements, because court of justice can refuse arbitration decision if it is assumed to violate against public order.Keywords: New York Convention ­ Principle of Public Order ­  National Court of