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Articles by issue : Vol 59 (2002)
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ANALISIS SOSIO YURIDIS FENOMENA PENGADILAN MASSA (STUDIDIDESA GEDONGAN KECAMATAN BAKI KABUPATEN SUKOHARJO)

Jamin, Mohammad

YUSTISIA Vol 59 (2002)
Publisher : YUSTISIA

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Abstract

Theaim of this research areknowing the kinds of mass courtdone by Gedongan Village people of Baki Subdistrict of Sukoharjo regent, the background factors resulting the mass court phenomenon, and the response ofthe law up holders in anticipation the phenomenon. This research is using sociolegal approach. The primary source data is the actors ofthe mass court, people the society figure the government agencies,and the subdistrict and regent law upholder agencies. More ever the secondary data source include primary law material secondary law material and the tertiary law material. The taking of the sample done by using purposive sampling. The instrument of collecting data are deep interview, questioner and documentary. The analyzing data is quantitative by themixing of deductive and inductive thinking pattern. The technique used in this qualitative analysis in the theoretical interpretative. The result of the study shows that the kind of mass court happens to Gedongan villages of Baki Subdistrict of Sukoharjo regent and to be physically crime as attacking and the oppression till the victims seriously injured, distracting and the act damaging toward the people accused as the stander disseminator; toward the owner of "buto ijo" who makes onuncomfortable society condition; attacking burning and appresionning the owner because of beuting the local people; attacking till result the death of the people who often doing a press; appresioning the one predicted as the tief. In general the victims are well known by the society as one of the member.There are factors background the action of the mass court such as. First the peoples dislike toward the victims. Second there are the socioeconomic factor background. Third there are social values changing in the transition. Fourth the societys entrusted attitude toward the law. The law agencys attitude in facing the mass court phenomenon basically view the mass courtas unsparated laws action and if that happens the process of the crime action will be proceeds according to the crime KUHP. The law agenciss actions responding repressively, the law agencies also pay on attention toward the quality factor and the attitude if the victims.

HAMBATAN BIROKRASI PUBLIK DALAM MEWUJUDKAN GOOD GOVERNANCE

Kusumoharyono, Umar S.

YUSTISIA Vol 59 (2002)
Publisher : YUSTISIA

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Abstract

There are manyfactor considered as barrier for governmentbureaucracy to achive good and clean government, as such: Corruption practice conducted by bureacracy officer and the effort to extinguish the corruption still facing some barrier, Law as the basic of government activities, has not been obeyed caused by the weakness of law enforcement, most of bureaucracy officer in using a power tends trespassing the limit of power, unsystematic government leadership, lack of moral causes the control of public can be doned, The authonomy is not folly given by central government that causes authonomy local government will depend again to central government andthe impact is thegood governance is seem difficult to be realized. The improvement or increasing the quality of moral and mental is being a main priority to be doned as a good moral and mental will able overcome all barrier factor mentioned before.

IMPLEMENTASI ASAS AUDIETALTERAMPARTEM DALAM PEMERIKSAAN PERKARA PERDATA YANGDIPUTUS VERSTEK

Harjono, Harjono

YUSTISIA Vol 59 (2002)
Publisher : YUSTISIA

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Abstract

The permanent absence of defendant at court so that judgecondem verstek decision, but audi et alteram partem principle shall be applied. Before verstek decision declared the law action has been taken in order to present defendant for listening his argumentation, so that defendant is able to defend his interest. So far there are balance between plaintif and defendant interest. The balances of interest, position dan treatment to the parties whom involved in cases, is the essensial of audi et alteram partem principle.

INDONESIA DALAM MENERAPKAN KONSEP REINVENTING GOVERNMENTDENGAS STRATEGIBONISHING BUREANCRACCY

Widada, Sutapa Mulja

YUSTISIA Vol 59 (2002)
Publisher : YUSTISIA

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Abstract

As a system, state administration consist of many sub-systemas such duty, function, organization, employment, finance, material etc, is being sub-system of national system. At present day Indonesia still have difficulty in implementing reinventing government concept with banishing bureaucracy strategy, as the government has not been fully gave a good service to public directly or indirectly. The government existence and all the apparatus still influenced by bureaucracy habitthat only have a regulation authority and command but not provide facility and giving a public services. Implementation the reinventinggovernment, government and the apparatus should become a group of services needed by a public, with the characteristic such as: the need of services user oriented, reactive and inovative sense, giving immediately services for every public need, making an easy for public services, giving public services without distinguishing function, beliefand ras.

PEMBERANTASAN KORUPSIAPARAT PERADBLAN SEBAGAI MODAL DASAR TEGAKNYA HUKUM

Ismunarno, Ismunarno

YUSTISIA Vol 59 (2002)
Publisher : YUSTISIA

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Abstract

The key of law enforcement, especially criminal lawdepndsto three step as: formulation, application and execution. Accrding to such steps, application and execution step more dominantly as as a bad law will become a good law if handled by a good law enforcement apparatus and a good law will become a bad law if handled by a bad law enforcement apparatus. By this assumption, so justice apparatus hold main function for the successful of law enforcement whereas law regulation just supporting. Corruption conducted byjustice apparatus willdisturbing law enforcement processes and the impact is can not be functioned asbe hoped. Law asa tool to pacify contrarary interest and a tool in giving satisfaction, to keep peace and narrating or matching a contratry demand as stated by Roscou Pound have not been fulfilled as the apparatus thatin charge to enforce lawhavenoot been fully carry out their duty.

POLA PENGEMBANGAN KELEMBAGAAN DAERAH UNTUK MENDUKUNG PELAKSANAAN OTONOMI DAERAH DI KABUPATEN SUKOHARJO

Suranto, Suranto

YUSTISIA Vol 59 (2002)
Publisher : YUSTISIA

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Abstract

Thegoal of this study is to reveal the problem of localinstitutions development pattern at Sukoharjo regency to support the implementation a larger, real and responsibility local authonomy as being stated at act number 22 of 1999 about rural government. The approach of this research isjuridical sosiological. The resources of data icluded primair data from officer and staff of local institution and seconder data collected from library document. The sample used is purposive sampling. The data iswill be anayzed qualitatively. The result describe that the local institution development pattern at Sukoharjo regency overdoned bycritizicing the message of act number 22 of 1999and government regulation number 84 of 2000 about local officer organization guidance. The development of local institution overdoned by slim structure and multi function approach, and by considering vision, mission and potency included local ability, so far eficiency and efectivity canbeattained intheimplementation of local authonomy.

REFORMASI HUKUM DALAM PERSPEKTIF KONSEP NEGARA HUKUM MENURUT UNDANG-UNDANG DASAR1945

Tuhana, Tuhana

YUSTISIA Vol 59 (2002)
Publisher : YUSTISIA

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Abstract

The aim of law reformation is giving protection to every citizen human rights. To realize that goal, national law reformationshould be in accordance with Fivepriciple law concept. The establishment of equality before the law principle just not onlyconcerning with procedural aspect, but involve social, economic andpolitical context existing is folly determining the patterns of lawimplementation in society. Law reformation should be directedaccording to our constitution. For that reason its very urgent toestablish an institution that havea duty to examineall ofthe legislation product. To bring backthe authority of government law apparatus law enforcement should be doned without any discrimation.