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Articles by issue : Vol 58 (2002)
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HUBUNGAN HUKUM DAN KEKUASAAN DALAM PERSPEKTIF SOSIOLOGIS

Suraji, Suraji

YUSTISIA Vol 58 (2002)
Publisher : YUSTISIA

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Abstract

Its being reality that between law and power is can not be separated. People take hope both of them work harmonizely and there is no powermisuse by the regim as happened in Indonesia in couple years ago. Such condition arrised because of the influenced of power culture sometimes still exist and become barrier for development and law establishment. In the beginning of new ord we always try to change the power culture into law culture permanently.

AMANAT PASAL 33 UUD 1945 DAN PERGESERAN PARADIGMDARISISTEM EKONOMIKAPHALISME KE ARAH KEBERPIHAKAN PADA EKONOMI RAKYAT

Suraji, Suraji

YUSTISIA Vol 58 (2002)
Publisher : YUSTISIA

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Abstract

Economic crisis happened in Indonesia is the direct impact ofeconomic policy that tends to economic growth emphasized conglomerate economic. Capitalism economic system promises high economic growth but disregard distribution and justice. Actually conglomerate economic have succesrully increasing the indonesian status from poorcountry becomeaverageincomecountry in 30 years period. But economic system that disrespect moral by abandoning the interest of small economic hascaused poor people doesnt havethe opportunity to receive distrubution of income and earnings fairly and proportionaly. This condition has left a series oftime bomband thenexploded 30 yeras later furthermore destroy the basic of national economic. The justice for all indonesia people wil be succesfully attained by giving priority to small medium economic actvities.

BEBERAPA PROBLEMATIK HUKUM HAK JAMINAN

Tuhana, Tuhana

YUSTISIA Vol 58 (2002)
Publisher : YUSTISIA

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Abstract

material and personal guarantee arrised from an agreement toensure legal certainty for creditor for the payment of debt orimplementation of obligation by debitor to creditor. Juridical materialy guarantee have function to pledge debt. In material guarantee, the guarantee obyect material, especially used as preventive action just in case if any parties not obey their obligation. Its necessary to reform the guarantee law system that still based into the reform of material law sistem as an original law asa well as pay attention to consistencyprinciple.

KEDUDUKAN PASAL 224 HIR DALAM EKSEKUSI HAK TANGGUNGAN

Pranoto, Pranoto

YUSTISIA Vol 58 (2002)
Publisher : YUSTISIA

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Abstract

Credit guarantee provided by bank should be protected by lawfrom fraud or inability ofthe debtor to repay the credit. The protection meant here is written in article 224 HIR, saying that creditor needs not to go through legal action which demands a considerable time to withdraw the credit, instead the creditor can execute it with a more efficient scheme. How the position ofArticle 224 HIR in the execution ofcredit withdrawal isand how it provides fair law protection for creditors and debtors is an interesting matter to study. Through the study ofnormative jurisdictions, it is expected that the objective ofthe research that attemps to study the position of article 224 HIR, can be achieved by using interpretative method as its analysis. The study shows that the position of article 224 HIR is weaken bythe Supreme Court through its instruction no. 174/168/86/n/UM.TU/Pdt although it actually provides balance for creditor and debtor.

KLASEFEKASI PENYELEWENGAN BANTUAN LIKUIDITAS BANK INDONESIA SEBAGAI TINDAK PIDANA EKONOMI

Hadi, Hernawan

YUSTISIA Vol 58 (2002)
Publisher : YUSTISIA

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Abstract

Corporate crime is concerning with economic or business activitieslike banking sector. Corporation is being categorized as responsibility subyect besides the person (management), its the reflection about two things are corporate ability conduct a crime dan corporate responsibility within criminal law. Corporate delict has been conducted by banks that giving a credit not in accordance with the condition stated in bank regulation. This condition becomeworst by the lack ofsupervision of Bank Indonesia.

MENGKAJILEMAHNYA PERHATIAN MASYARAKAT DAN NEGARA TERHADAP KORBAN KEJAHATAN

Ismunarno, Ismunarno

YUSTISIA Vol 58 (2002)
Publisher : YUSTISIA

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Abstract

The effort to give anadequate attention to the crime victimshas been neglected for a long time There is no an act or just article pay attention to the victim interest. Its seem so ironicas the exist of law is from the victim first, In other hand every body prefer to focuses attention to the criminal perpretator. The concept of victim is various as: according to criminal procedure code means criminal justice processes victim (suspect, accused), society victim concept. The variety of victim concept cause the effort to protect victim cant bedoned optimally

PANDANGAN HUKUM ISLAM TERHADAP ANAK ASUH

Rianto, Agus

YUSTISIA Vol 58 (2002)
Publisher : YUSTISIA

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Abstract

The difficulties in fulfilling economic need, cause manychildren dont have enough money for their daily living and their education cost. Ifthis we dont pay attentioanto that conditioncan arraise social tension that will cause loss for society. Within Islamic Law vision to aid a poor children by adopting them, beside state and society duty, also become duty for rich man, as humanity sende and help each other duty and has been gods command in Al-Quran. But we should remember that an adopted children could not be own children that prohibited by Islamic Law.

PROBLEMATIKA HUKUM PERBANKAN ISLAM DI INDONESIA

Harahap, Burhanudin

YUSTISIA Vol 58 (2002)
Publisher : YUSTISIA

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Abstract

Syariah banking have unique function as they have multifunction, beside giving finace facility services just like otherconvensional banking, also giving finacial service as given by non bank finance institution.. So it can be concluded that syariah banking giving services with modern finance concept, not old ones. To realize strong banking islamic law need a certain agreement. Islamic law certainty is began from agreemnet between bank and customer that simillar for all syariah banking in Indonesia. If that things not be doned can makedistrust to islamic law.