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Jurnal Wawasan Yuridika
Articles by issue : Vol 23, No 2 (2010)
7
Articles
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KRIMINALISASI KEBIJAKAN

Priyatno, Dwidja

Jurnal Wawasan Yuridika Vol 23, No 2 (2010)
Publisher : Sekolah Tinggi Hukum Bandung

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Abstract

Legal protection, especially against the alleged criminalization policies, which apply to policy makers and implementers, should be explicitly included in the legislation, as an excuse criminal eraser, ie eliminate unlawful nature (justification). However, its implementation should be done with reference also to some general principles of state governance, namely: the principle of legal certainty, is a principle in law that gave priority to state the basis of legislation, decency and fairness in every policy of state officials, the principle of Orderly Operation of the State, is a principle that to order, harmony, and balance in the control of the state organization, the principle of public interest, is the principle of priority to public welfare by aspirational, accommodative and selective, the principle of openness, is the principle of opening up to the right of people to obtain correct, honest and not discriminatory on the administration of the state with due regard to protection of personal rights, class and state secrets, the principle of proportionality, is a principle that prioritizes a balance betweenrights and obligations of the state, the principle of professionalism, expertise is a principle that prioritizes based code of ethics and rules of law and regulations, and principles akuntabililas, is a principle which determines that each activity and the end result of the activities of stateadministration must be accountable to the community or the people as the supreme sovereign state in accordance with the provisions of the legislation in force, also refers to the principles unwritten law which is the propriety of living in society. During the signs are obeyed, then thecriminalization of policy, will not do.Keywords: Criminalization Policies - Public Policy - Crimes Against Public Interest

WACANA KONSEP HUKUM PROGRESIF DALAM PENEGAKAN HUKUM DI INDONESIA

Ravena, Dey

Jurnal Wawasan Yuridika Vol 23, No 2 (2010)
Publisher : Sekolah Tinggi Hukum Bandung

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Abstract

Laws are for humans, not vice versa, thus paradigms should be used in studying law. This is the entrance and the point of view (point of view) which will affect all aspects of our learning about progressive law. People who use a different point of view will also generate learning about the law differently. Acknowledging the presence of humans as a major stakeholder in the law would place them in line with legal regulations, if not, even on higher ground.Admittedly, that it is not easy to be realized or implemented. Much easier when we only have to deal with any regulations.Keywords: Progressive Law Human - Law - Enforcement

PEMBERANTASAN MAFIA PERADILAN DENGAN PEMBERDAYAAN ‚??GAYA SENTRIFUGAL‚?Ě DAN ‚??SENTRIPETAL‚?Ě UKUM DALAM PENEGAKAN SUPREMASI HUKUM (Suatu Kontemplasi Refleksif)

Gunakaya, A. Widiada

Jurnal Wawasan Yuridika Vol 23, No 2 (2010)
Publisher : Sekolah Tinggi Hukum Bandung

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Abstract

Judicial corruption in Indonesia is offenses beyond the reach of the law, Its growth is systemic, not just individual form of corruption, but also shaped, structural, institutional, and political corruption. Such crimes, it can disrupt and inhibit the development of law, hinder the achievement of objectives of the law, threatening the whole system of law, undermine the legal guidance and law enforcement officials, as well as damaging the quality of law enforcement in a fair and dignified. Mitigation efforts should integrate efforts and Penal nonpenal simultaneously. In the law enforcement policy, the instrumental anticorruption law should be empowered to implement the "centrifugal force" laws, and legal position imperatively must be centered and focused in the community, both as adresat legal arrangements and the rule of law. In order to streamline law enforcement, is necessary to reform anticorruption law, which is done by applying the "centripetal force" laws, and laws should be interpreted as a subsocial systems that influence and determine the legal establishment.Keywords: Judicial Corruption - "sentri fugal force of law" - "style petal sentri law"

PENDIDIKAN HUKUM KRITIS PADA ANAK KONFLIK HUKUM (Studi Kasus di Rutan Kebon Waru Bandung)

Suparman, Asep

Jurnal Wawasan Yuridika Vol 23, No 2 (2010)
Publisher : Sekolah Tinggi Hukum Bandung

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Abstract

Children in conflict with the Law residing at any state prison should have equivalent rights to education when compared to other children. A non formal way of teaching in forms of training and supervision could be provided in such a case. Law education is a part of coaching and guidance process which could be given to the children in conflict with the Law. Since law education at prisons is non formal in nature, the teaching of critical law education could as well be provided as an alternative in the process of coaching and guidance at the Calss 1 State Prison of the city of Bandung, Indonesia. According to the research, the author, findings as the result of the study are ; First, critical law education for children in conflict with Law is normatively based on the rules and regulations pertaining to training and supervision for prisoners and in mates. It is hoped that the children would gain a stronger personality and be more self determined; Second, the material to be given is applicable in nature, with emphasized on training and supervision to empower personality and self determination; Third, The method of education is dynamic, with a highlight on values through a process of guidance; Fourth, The process of education includes teaching of juridical and moral aspects of law, based on existing rules and regulations which highlight the level of requirements of the children, exploiting various sources close to their lives.The process of education is given separately in group or in blocks; Fifth, The process of critical law education has exercised every supporting aspect of education such as resources persons, messages, materials, tool, techniques/methods and physical and social environtment of the prison as the sources of education for the children while still consider their needs, availability, accessibility and cost consciousness in order for them to get hold of the said sorces.Keywords: Critical Legal Education - Relieve - ChildrensLegal Conflict

PENDIDIKAN KEWARGANEGARAAN MULTIKULTURAL SEBAGAI WAHANA PENDIDIKAN HUKUM DAN KESADARAN BERKONSTITUSI

Zuriah, Nurul

Jurnal Wawasan Yuridika Vol 23, No 2 (2010)
Publisher : Sekolah Tinggi Hukum Bandung

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Abstract

Multicultural Citizenship Education in the college environment is one of the strategic and fundamental instrument in the frame of national education. Civics assumed an important role as a vehicle for character education and transformation, desimenation nation and character building which has the legal awareness and high constitution, in the middle of heterogeneity, pluralism and multiculturalism which became the main characteristic of the Indonesian nation. Strategic role of civic education is expected to foster nationalism and the dynasty of high ideals in college students. This is based out of a sense of nationalism and aspirations can be achieved dynasty taken for granted or trial and error, on the contrary should be sought in a systematic, programmatic, integrated, sustainable.Keywords: Multicultural Citizenship Education - Nation and Character Building  - Legal Awareness

PEMBERLAKUAN HUKUM INTERNASIONAL PUBLIK DALAM INSTRUMEN DAN PRAKTIK WORLD TRADE ORGANIZATION

Hata, Hata

Jurnal Wawasan Yuridika Vol 23, No 2 (2010)
Publisher : Sekolah Tinggi Hukum Bandung

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Abstract

How does the World Trade Organization relate to the wider corpus of international law ? No straightforward answer can be found in the WTO rules. Yet , as will be shown by the present writer, WTO documents incorporate various rules of general as well as special internationallaw. There are WTO rules that confirm preexisting rules of international law or preexisting treaty law, or deviate from, or even replace preexisting rules of international law. In WTO practices, norms of public international law are frequently invoked before the WTO ‚??judiciary‚?Ě (Panels and the Appellate Body), and WTO members could clarify or change the relationship between WTO law and other rules of international law. WTO rules are just a partof public international law but in many respect they are lex specialis as opposed to general international law.Keywords: Role of Education - Employment - WTO

PENERAPAN FONETIK AKUSTIK DAN TEORI GRICE PADA REKAMAN PENYADAPAN TELEPON SEBAGAI ALAT BUKTI HUKUM: KAJIAN LINGUISTIK FORENSIK TERHADAP PERCAKAPAN ANTARA ARTALYTA SURYANI DENGAN JAKSA URIP TRI GUNAWAN

Hartini, Lilis

Jurnal Wawasan Yuridika Vol 23, No 2 (2010)
Publisher : Sekolah Tinggi Hukum Bandung

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Abstract

Forensic linguistics is a field of applied linguistics that involves the relationship between language, law, and crime. Practices law in this study as one solution in uncovering a legal case. This study is related to the study of transcript of telephone wiretap recordings to reveal how the subject of public law to lie. The method used is a qualitative descriptive method, a method that describes a conversation conducted Artalyta Suryani when his cell phone tapped the prosecution, viewed from the perspective of the principles of cooperation Grice. In descriptive research was conducted solely based on the facts presented or the phenomenon that is the emperis done by native speakers, whereas a qualitative approach that is pragmatic approach that bases itself on the reaction or response according to the conversational partner. The study results in a bribery case that was tapped by mobile phone is terdaspat deceit committed by the defendant.  Pendingnya is they have to talk in riddles and use sign language.Keywords: Wiretapping - Forensic Linguistics - Law of Evidence