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Articles by issue : Vol 61 (2003)
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HUKUM POSITIF DAN HUKUM ISLAM DALAM SISTEM HUKUM DI INDONESIA

Harahap, Burhanudin

YUSTISIA Vol 61 (2003)
Publisher : YUSTISIA

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Abstract

The variety law existing in Indonesia is becoming a law reality, in which the existing processes of each law in society is quitenot same. As well as the existing processes of each law in the life of state is different too. So that to definite a law as positive law inIndonesia need a study in the frame oflegal system in Indonesia

KEBIJAKAN LEGISLATIF DALAM RANGKA PERLINDUNGAN HAK ASASI MANUSIA DAN KORBAN TINDAK PIDANA

Rofikah, Rofikah

YUSTISIA Vol 61 (2003)
Publisher : YUSTISIA

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Abstract

A human rights and cime victim protection is veryimportant to be considered. Human rights protection within criminal law included human rights protection and crime conduct can be regarded as twoside suchlawprotection notbecome a crime victim andprotection to gainlawguarantee for the suffering/lost ones become crime victim. The legislative policy for the protection human rights by crime perpretator according to positive lawcanbe found in Article 1 parahraph (1) and (2)about neglience in article 44, 48, 49, 50and 51 Code Penal. Whereas in Code Penal draft the legality principle can be found in article 1 and retroactive principle in article 2. Neglience principle can be found in article 35 that described in article 38, 39, 40. Legialative policy in protection not become crime victim regulated in article 33 and 34 act number 39 of 1999 about human rights protection, act number 23 oftahun 1997, act number 8 of 1999 about consumen protection andcriminal procedure code. Our penal code is not regulating crime victim protection spesificaly, but being sealed at the conditional senteneces. Whereas in code penal draft victim protection is regulated strictly in the additional sentences.

PELAKSANAAN ETIKA BISNIS DALAM KAITANNYA DENGAN TANGGUNG JAWAB SOSIAL PERUSAHAAN

Wiyarti, Mg. Sri

YUSTISIA Vol 61 (2003)
Publisher : YUSTISIA

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Abstract

To gain profit as big as possible is becoming a goal ofcompany and public own rights to stop or to limit that company ifpublic suffered damaged caused of company activities. In economy vision, indeed social company responsibility as well as irternal like increasing staff welfare and external like help improving social environment is not covered by his economic responsibility, furthermore if the company in losses or labile condition.. According to our opinion, the the company have been progress and increased, so pay attention to internal environment and external is becoming positive obligation to be accomplished, according to the social responsibility idea. Minimaly its activities doesnt cause damageto the surrounding public.

PELAKSANAAN KETENTUAN BAGI HASILTANAH PETANIAN (UU. NO2 TAHUN 1960) DALAM PERSPEKTIF SOSIOLOGI HUKUM

Sugandha, Wasis

YUSTISIA Vol 61 (2003)
Publisher : YUSTISIA

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Abstract

As agricultural society group which have a stable socialsystem from generation to generation and have been being cultural value in the society life, so the sharing agreement existing in society consistently as an ideal norm. An effort to revise eventhough rationally obyective, logic and positive, will not beaccepted automatically because of sense consideration and public willing not in accordance with such reason. Even negative perception mostly araising as a tool of societyvalue expression to the newregulation that qiete understand their real life norm. Such things can not be denied by all the society element included law apparatus that suppose actively implementing the regulation norms. A forced effort can not be doned as will be cause other matter that disturb an exist peaceful. At least sanction threat will not make society obey toimplement the act as society as matter of fact more likely society more seing law as regulation norm that willbe be enforced to create peaceful!, order and community interest protection. So far sharing agreement regulation that regulated by state never been implemented within society life dan society prefer to chose their own law that more in accordance with their society condition.

PENERAPAN ASAS PERADILAN SEDERHANA, CEPAT DAN BIAYA RINGAN PADA PERADILAN TATA USAHA NEGARA

Mulja Widada, Sutapa

YUSTISIA Vol 61 (2003)
Publisher : YUSTISIA

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Abstract

A cheap cost, quickly and simple principle have not be implemented fully by administration court. The hindrance that faced by such trial to execute that principle are: the authority oftrial isquite limitedand narrow, the trial have not been established at all regency/city inIndonesia, in common procedure, ceases accomplishment istends need long time and slowly.

POSISISARJANA SYARIAH DALAM RUU PROFESI ADVOKAT

Jamin, Mohammad

YUSTISIA Vol 61 (2003)
Publisher : YUSTISIA

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Abstract

The effort to strugglethe demand to treat Syariah scholar thesame as law scholar in advocaat profession act draft is being a crusial momentum. Its means that ifthat sniggleis failed, so the aspiration must be buried deeply, at least the struggle will need quite long time. To realize that goal its important to take a planned and systematically action and supported by all component existed. The agenda should be prepared clearly, as such: giving academical advice and argumentation for the urgency treating syariah scholarthe sameas law scholar, carryoutmedia campaign to create public opinion in order to gain a support for such goal, To strengthen group and network by making aliansion with other parties, a parties whosehave commitment to syariah scholar, that be hoped beingpressure group, build a lobby and political access to relevant parties to push that demand, Call for demand to human rights nationalcommission as the authority in supervising legislative product that contrary with humanrights and anothercondusive effort that able help in attaining goal.

TINJAUAN YURIDIS HUBUNGAN LEGESLATIF DAN EKSEKUTIF DI DAERAH

Madalina, M.

YUSTISIA Vol 61 (2003)
Publisher : YUSTISIA

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Abstract

Legislative and executive relationship in local area accordingto the act number 5 of 1974 and coloured by by centralized approach for many years have caused a bad influence to the governmental democracy processes. The local government existed present day have not been fully reflect the concept of the actnumber 5 of 1974. Such things is canbe seen as theweakness of autonomous of local parliament that supposed to bea basic of democracy. The relationship between legislative and executive according the act number 22 of 1999 (reformation era)have beenchanged basically within local government implementation, such as in the recruitment of localgovernment officer giving a different places between legislative institution and executive institution. Concerning legislation processes in local area (local regulation legalization) ang the strengthenpeoplevia local parliament is one ofnewestrightof local  parliament is to asking governor, regent and major  responsibility. A tremendous rightsgiven to the local parliament have been born a aconflict between local chiefand local parliament.