cover
Filter by Year
Jurnal Wawasan Yuridika
Articles by issue : Vol 25, No 2 (2011)
5
Articles
KEKERASAN PEREMPUAN DALAM PERSPEKTIF HUKUM DAN SOSIOKULTURAL

Amalia, Mia

Jurnal Wawasan Yuridika Vol 25, No 2 (2011)
Publisher : Sekolah Tinggi Hukum Bandung

Show Abstract | Original Source | Check in Google Scholar | Full PDF (540.349 KB)

Abstract

Every citizen of Indonesia deserves to obtain right to feel secured and free from violence according to the philosophy of Pancasila and the 1945 Constitution; that any violence, especially domestic violence is a kind of violence against human rights, and it is categorized as a crime against dignity of humanity and a discrimination that should be abolished; most of the victims of domestic violence are women, and they should obtain more serious attention and protection from the government, or society in order to avoid threat and violence, torture, or harrashment of dignity of humanity.Keywords: violence; humanity; human rights

PERANAN APARAT HUKUM DALAM PENANGGULANGAN TERORISME DI INDONESIA

Wahyu, Wahyu

Jurnal Wawasan Yuridika Vol 25, No 2 (2011)
Publisher : Sekolah Tinggi Hukum Bandung

Show Abstract | Original Source | Check in Google Scholar | Full PDF (581.555 KB)

Abstract

The main and essential purpose of law is to achieve justice. In oder to achieve justice in society, there should be an orde at first. Disorder and chaos can be caused by the terrorism movement. Terrorism movement in Indonesia has alraedy been increasing rapidly, both frequncies and acceleration. It goes without saying that there is a tool of legislation regulating the eradication of terrorism criminal act, namely Act No. 15 year 2003. That Act has been applied and effective since 2003, and after being implemented by the law  enforcement apparatus, especially the Republic of Indonesia State Police, there are still psycological and juridicaltechnical obstacles, so the handling of this terrorism criminal act has not been successful optimally. As the terrorism criminal act is not only a local movement, but also an international network by using high technology, and terrorism movement in Indonesia has a background of islamic fundamental ideology, the government should not only use repressive paradigm and juridical approach, but also psychological and religioussociological approaches.Keywords: law enforcement; terrorism; justice; eradication

PENGARUH GLOBALISASI TERHADAP HUKUM INDONESIA

Suparman, Asep

Jurnal Wawasan Yuridika Vol 25, No 2 (2011)
Publisher : Sekolah Tinggi Hukum Bandung

Show Abstract | Original Source | Check in Google Scholar

Abstract

By rebus sic stantibus, the countries with their efforts could demand their rights back. Differences in terminology can thus blurthe differencesand the similarities in the implementation. The International Law Commission has rejected the usage of the terminology of rebus sic stantibus. They prefer using the terminology of the doctrine of fundamental changes on equality and justice reasons, and getting rid of the terminology of rebus sic stantibus as it is assumed to cause unintended effects. This doctrine, in fact has been performed, primarily after the end of the war between the allies and Germany. A conditional change can be expressed, although it can not properly be predicted before. It depends on the intention and the hopes of the concerned parties, and intended change characteristic as well which may appear from suspension and restriction of doctrine implementation according to the circumstances of that time.Keywords: Rebus sic stantibus - International Law - Implementation

KONSEPSI OTONOMI DAERAH SEBAGAI ALTERNATIF PILIHAN DARI TUNTUTAN BENTUK NEGARA FEDERAL DI INDONESIA

Ginting, Darwin

Jurnal Wawasan Yuridika Vol 25, No 2 (2011)
Publisher : Sekolah Tinggi Hukum Bandung

Show Abstract | Original Source | Check in Google Scholar | Full PDF (538.642 KB)

Abstract

Since the fall of the New Order regime, the courage to sue the state began to reverberate dipentas unitary national politics. The emergence of the idea of a federal state (united state) is the antithesis of the implementation of regional autonomy in Indonesia based on Law No.5 of 1974 on the Principles of Local Government is in the very setralisti. Through these legal instruments are the restraints and the dominance of local independence done so strict and systematic. Though conceptually the real regional autonomy is the freedom of movement (of expression) should be given to the autonomous regions to conduct their own initiatives to manage the interests of society in the region. Therefore there is a presumption that the imposition of the concept of regional autonomy through the form of a unitary state did not take the welfare of people in the region because the laws on local government implementation of the new order which is conceptually very repressive, also followed well as the behavior of authoritarian governments, harassing human rights, setralisme power sucking resources into the central region. To overcome this, then the solution is the democratization and decentralization of power through regional autonomy the broadest, not by changing the form of the state of federalism, but by changing the way state officials are concerned interestexistence of regions including the utilization of natural resources equity and pluralism (diversity) regions. This is where the importance of regional autonomy as one of the vanguard of the unitary Republic of Indonesia guard.Keywords: Unitary - Federal - Regional Autonomy

SENGKETA KEBERATAN DIBANDINGKAN DENGAN SENGKETA PENGADILAN PAJAK BERDASARKAN PERATURAN YANG BERLAKU

Asmorowati, Meiti

Jurnal Wawasan Yuridika Vol 25, No 2 (2011)
Publisher : Sekolah Tinggi Hukum Bandung

Show Abstract | Original Source | Check in Google Scholar | Full PDF (541.014 KB)

Abstract

Tax Dispute is caused by dissimilarity opinion between tax payers and tax officials based on tax assessment. Therefore, it needs a protection to tax payers by giving justice through a formal and official legal channel. This legal channel is through an objection procedure proposed to pratama tax office where the tax payer is registered. Whwn there is no satisfaction, it can be brought and appealed to Court of tax which is a court outside of four kinds of judicial environments regulated in article 25, paragraph (1), Act No. 48 year 2009 on judicial authorities. The verdict of Court of tax is a final decision, but it can still be struggled by extraordinary legal efforts to the Supreme Court by reconsideration. The dispute settlement performed by Pratama Tax Office and Court of Tax is Different. The difference can be seen from authorities, the officials in charge, the place of disput settlement, procedures, and contents of decision.Keywords: Tax Dispute, objection, Court of Tax