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Jurnal Wawasan Yuridika
Articles by issue : Vol 27, No 2 (2012)
7
Articles
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EKSISTENSI DAN PENEGAKAN HUKUM PERBANKAN SYARIAH DI INDONESIA

Utama, Sofyan Mei

Jurnal Wawasan Yuridika Vol 27, No 2 (2012)
Publisher : Sekolah Tinggi Hukum Bandung

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Abstract

The existence of syariah banking in Indonesia was thought about because of monetary crisis in 1997 as well as national political crisis. They had brought impact and influenced national economy. Such crisis has already given inspiration to bring up out of the alternative bank which could be developed in Indonesia, such as syariah banking. The research has shown that syariah bank can survive from monetary crisis, so the existence of syariah banking is hoped to become one of reliable banks. Nevertheless, in order to make syariah banking survive with its characteristic, the law enforcement of syariah banking requires more selective supervision of Bank Indonesia and needs to be supported by excellent human resources. Finally, syariah banking can still be trusted by society, and becomes one of alternative bank in Indonesia.Keywords: monetary crisis; syariah banking; law enforcement

PERLINDUNGAN HUKUM TERHADAP MEREK ATAS ACTION FOR PASSING OFF

Ahyani, Sri

Jurnal Wawasan Yuridika Vol 27, No 2 (2012)
Publisher : Sekolah Tinggi Hukum Bandung

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Abstract

Action for passing off is a form of plagiarism against a brand that has a business reputation that has been known to gain an advantage by doing pemboncengan as if the brand being marketed is the original brand, it is meant for consumers instantly interested. Cases like that, obviously can be detrimental to the owner of a registered trademark.Keywords: Perlindungan Hukum ‚?? Merek ‚?? Passing Off.

KEDUDUKAN PANCASILA DALAM POLITIK HUKUM INDONESIA MENUJU NEGARA HUKUM KESEJAHTERAAN (WELFARE STAAT)

Sujasmin, Sujasmin

Jurnal Wawasan Yuridika Vol 27, No 2 (2012)
Publisher : Sekolah Tinggi Hukum Bandung

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Abstract

In the development of law in Indonesia, it has already changed in the fields of law, economy, culture, religion, and also technology. Therefore, politic of law in the law reform in Indonesia which puts priority on the making of law materials should adapt and accommodate the needs of society, and the implementation of the provision of law and the clearness of institutional function should be performed firmly as well as the establishment of law upholders, and finally it can create a welfare staat. Indonesia has an ideal principle, Pancasila as it is contained in the 1945 Constitution. Pancasila in the system of Indonesian politic of law has a philosophy of life, and becomes a basis of the State of the Republic of Indonesia or basis of Indonesian philosophy which has a vast philosophy study in Indonesian politic of law, both from the historical aspect and the making of law which should reflect highest values contained in Pancasila, and it should not be separated from politic of law policy.Keywords: politic of law; law upholder; State of law

POTENSI PENYALAHGUNAAN KEWENANGAN OLEH PEJABAT ADMINISTRASI NEGARA DALAM PENGAMBILAN DAN PELAKSANAAN KEBIJAKAN PUBLIK

Charda S., Ujang

Jurnal Wawasan Yuridika Vol 27, No 2 (2012)
Publisher : Sekolah Tinggi Hukum Bandung

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Abstract

The potential abuse of power that motivated malicious intent would be to have the perfection that is attached to the power, because the positions of power can do anything with a plea for and on behalf of its authority under the legislation. Therefore, the act of state administration in upholding the rule of law requires for its implementation, otherwise the power itself is determined by the legal limits. To that end, the law and the power of an absolute element in a society of law in the sense of community that is governed by law and that any act or authority is not misused.Keywords : legitimasi ‚?? administrasi negara ‚?? kebijakan public

PEMIKIRAN MENUJU HUKUM PROGRESIF

Dysmala, Emma

Jurnal Wawasan Yuridika Vol 27, No 2 (2012)
Publisher : Sekolah Tinggi Hukum Bandung

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Abstract

AbstractThe idea of progressive law stimulates legal professionals community to encourage themselves to create a breakthrough in performing the law in Indonesia, and it is not handcuffed by legal analytical and positivism though. It is not only suggested to perform rule making and rule abiding, but also to perform rule breaking. Those things are not negligible because there are still another ways through legal method, legal theory, and new paradigm which can be created to perform rule breaking. Then, to create all those things above, there should be an important role from academics to appear and show themselves as social powers which can assist actively in order to make the law come out from difficulties and declines.Keywords: progressive law; positivistic; academic

ANALISIS LINGUISTIK TERHADAP ISI SHORT MESSAGE SERVICE (SMS) YANG BERAKIBAT PELANGGARAN HUKUM

Hartini, Lilis

Jurnal Wawasan Yuridika Vol 27, No 2 (2012)
Publisher : Sekolah Tinggi Hukum Bandung

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Abstract

Short Message Service (SMS)is a kind of written text as a means of making a long distant communication by using a mobile phone. Communication through Short Message Service frequently causes miscommunication among senders and receivers as there is no face to face communication. This failure of communication can cause various individual and social problems. The problems appear because the receiver is not happy or being threatened by the texts sent through Short Message Service. This failure of communication also causes violation against the law. The theory used in this research is functional grammar analysis; that is to say a way to make a research on texts contained in Short Message Service (SMS). This linguisticanalytic approach is aimed at examining rationality which is related to ideas of message senders, and also examining how it is consistent with other ideas. By using grammar and logic, the researcher studies this concept by analyzing from a certain point of view.This linguisticanalytic approach examines logically concepts according to the needs of the texts which have been approached. The result of the research shows that communication for people from different social and culture backgrounds can cause misunderstanding, so it can have an impact on legal action. When we make verbal and written communication with the strangers, we are supposed to understand attentively both explicit and implicit meanings of the texts. It should be consulted with the experts or linguists in order to avoid legal action.Keywords: short message service; violation against the law

MASALAH PIDANA MATI DALAM PERSPEKTIF PEMBAHARUAN HUKUM PIDANA DI INDONESIA

Amalia, Mia

Jurnal Wawasan Yuridika Vol 27, No 2 (2012)
Publisher : Sekolah Tinggi Hukum Bandung

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Abstract

If penalty is formulated in the Criminal Code, it will be against the principle of equality. In Netherlands, death penalty has been abolished since 1980. Apart from principle of objection, death penalty occasionally is defended on behalf of religious principle, and moreover the death penalty in Netherlands is not regarded any more to keep and protect legal order. Keywords: principle of equality; death penalty