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Wacana Hukum
JURNAL WACANA HUKUM is a peer-reviewed journal published by Faculty of Law Universitas Slamet Riyadi. It published twice times a year (Juni and Desember). JURNAL WACANA HUKUM aims to provide a forum for lecturers and researchers to publish the original articles about Law Science.
Articles by issue : Vol 10, No 2 (2011): Wacana Hukum
9
Articles
HUKUM DAN ILMU HUKUM DALAM PERSPEKTIF FILSAFAT ILMU

-, Supriyanta

Wacana Hukum Vol 10, No 2 (2011): Wacana Hukum
Publisher : Universitas Slamet Riyadi

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Abstract

AbstractThe philosophy of science divides a study into two point of views, those are; positivistic which creates empiric study, and normative which creates normative study. The law study has both of those characteristics; in one hand, it has the real characteristics as a normative study; in the other hand, it has empiric characteristics which, later on, become the object study of sociological jurisprudence and socio legal jurisprudence. Therefore, if it is observed from this point of view, it can be concluded that the normative law study has a particular method of study, while empiric law study can be researched by qualitative or quantitative research methodology towards the characteristics of the data. Keywords: the philosophy of science, sociological  jurisprudence, socio legal jurisprudence

PERLINDUNGAN KORBAN (SAKSI) SEBAGAI SARANA MENUJU PROSES PERADILAN PIDANA YANG JUJUR DAN ADIL

Widiastuti, Tri Wahyu

Wacana Hukum Vol 10, No 2 (2011): Wacana Hukum
Publisher : Universitas Slamet Riyadi

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Abstract

AbstractIn the criminal justice system, victim (witness) hold important role in order to opened materiil trully. So in the Article 184 section 1 KUHAP, witness explain exist in the first above expert explain, letter, guidence and offender explain as evidence tool. When witness will give explain, they have to independent from fear befor, present and after given witness. This guaranty is important for knowing that witness explain is true and not engineering or emphazing from other subject. Key words: victim protection (witness), fairness criminal justice process.

PENEGAKAN HUKUM LINGKUNGAN DI INDONESIA

Nurs-Al Umar, Santoso Budi

Wacana Hukum Vol 10, No 2 (2011): Wacana Hukum
Publisher : Universitas Slamet Riyadi

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Abstract

AbstractsEnforcement of Environmental Law in Indonesia is still very poor although some times the legal framework related to environmental management are experiencing recent changes made ​​Act number 32 of 2009 on the Protection and Environmental Management. Environmental law enforcement problems occurred in addition to human resource issues are also global environmental problem that is both attractive differing interests between developed and developing countries, because environmental issues are not only related to criminal cases but also civil law. Perhaps the administrative problems to environmental problems must be resolved in a comprehensive and integral. Key words  :Enforcement of Environmental Law, the legal aspects related

PENYELESAIAN PERSELISIHAN HUBUNGAN INDUSTRIAL BERDASARKAN UU NOMOR 2 TAHUN 2004

Agatha Jumiati, Dahlia &

Wacana Hukum Vol 10, No 2 (2011): Wacana Hukum
Publisher : Universitas Slamet Riyadi

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Abstract

AbstractIndustrial dispute solving that managed in UU No. 2 Tahun 2004 can be solved by bipartite negotiation, conciliation, arbitartion, mediation, and industrial dispute court. Principe of this mattter is to prior bipartite negotiation as the first step before go to other way. As it managed in UU No. 2 Tahun 2004 it suppose to be everyone that related can solve fast, fair, and cheaply. Key words: industrial relation, industrial dispute, and industrial dispute solving.

HAK NAFKAH ANAK AKIBAT PERCERAIAN

Bambang Ali Kusumo, Nur Cholifah &

Wacana Hukum Vol 10, No 2 (2011): Wacana Hukum
Publisher : Universitas Slamet Riyadi

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Abstract

AbstractProvision of living child after the divorce is the duty of parents, especially fathers, In prctice the father of the obligations does not conform to the religious court’s decition. Given this, the parties raising and educating children should be proactively reminded to fulfill its obligations and the religious must be proactive to oversee the execution of its decition. Key words: a living child,  religious court decition.

KERANCUAN PENATAAN HAM DALAM SISTEM HUKUM NASIONAL INDONESIA

-, Supriyanto

Wacana Hukum Vol 10, No 2 (2011): Wacana Hukum
Publisher : Universitas Slamet Riyadi

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Abstract

AbstractDespite the attention of human rights has existed since long, but the struggle to get legal protection in state constitution looks after the birth of Magna Charta in England in 1215 which is followed by Declaration of Independence in the United States of America in 1776 and Declaration des droits de “I” home et du citoyen in France in 1780. In Indonesia this right has received legal protection in 1945 Constitution, RIS Constitution, or Temporary Constitution, and become much stronger after the birth of MPR Decree Number XVII year 1998 which is followed by Act Number 39 year 1999 on Human Rights, Act Number 26 year 2000 on Human Rights Court which is followed by Amendment of 1945 Constitution which govern specifically Human Rights Chapter in chapter X A which consist of 10 articles. Even though human rights in Indonesia have evolved considerably, but when we look further there is still many weaknesses which contradict one and another. For example: Article 281 Amendment of 1945 Constitution and Article 4 Act of Human Rights which adheres the principle of non retroactive absolutely with Article 43:1 Act of Human Rights Court and Explanation of Article 4 Human Rights Act which adheres the principle of retroactive for gross violation of human rights. Contradiction is also occurs in Article 4 Human Rights Act body and its explanation. Keywords: human rights.

PEMBERHENTIAN PRESIDEN REPUBLIK INDONESIA DARI MASA KE MAS

-, Sunarno

Wacana Hukum Vol 10, No 2 (2011): Wacana Hukum
Publisher : Universitas Slamet Riyadi

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Abstract

Abstract: The impeachment of the President of Indonesia that has happened from periode to periode is not the same uniform. In the Old Orde has been no provision for sure when the President can be impeach, especially when the President Soekarno was appointed as President for Life. During the New Order, according to Article 4 has been set Tap No.III/MPR/1978 to impeach the President before his term runs out, namely because: (a) at his own request, (b) remain absent, (c) really is agains the GBHN. During the Reformation, the termination of President expressly provided in Article 6 and Article 7 of the 1945 Constitution. Both in the Old Orde  and the New Orde Impeachment of President is more political than judicial. While at the Reformation Orde had never happened to impeach the Presiden. In Constitutional Law, decisions of state institution in generally is more political than judicial. Keywords: Impeachment, The  President  Republic of Indonesia

PENYALAHGUNAAN NARKOTIKA DAN ATURAN HUKUMNYA

Aryani, Esti

Wacana Hukum Vol 10, No 2 (2011): Wacana Hukum
Publisher : Universitas Slamet Riyadi

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Abstract

Abstract: Narcotic crime is no longer done on an individual basis, but involves a lot of people are well organized with extensive networks and increasingly sophisticated modus operandi. Narcotic Act No. 35, 2009 was enacted to address the condition. Criminal investigation of narcotics and narcotics precursors made ​​by the police, and BNN investigators. Investigators can cooperate with each other in investigating drug crimes. Keywords: investigations, narcotics, narcotic precursors

TANGGUNG JAWAB ORGAN PERSEROAN TERBATAS (PT) DALAM KEPAILITAN

-, Puspaningrum

Wacana Hukum Vol 10, No 2 (2011): Wacana Hukum
Publisher : Universitas Slamet Riyadi

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Abstract

AbstractBankruptcy is a situation where the debtor is unable to make payments against the debts of the creditors. State can not afford the usual due to financial difficulties (financial distress) of the debitor who has suffered a setback. The main purpose of bankruptcy proceedings against the Limited Liability Company is to acceleratethe process of liquidation in the context of the distribution of company assets to pay debts that the company has experienced financial difficulties that caused the insolvency.Company Limited as a corporation having characteristics such as private law, including the separation of assets between the management company with Limited Liability, if a limited company into bankruptcy so that the company broke up how the management responsibilities of a Limited Liability Company? whether the management company can still be held liable or not Keywords: Company Limited, Bankruptcy.