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Articles by issue : Vol 62 (2003)
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IDENTEFTKASIPOLA PERLINDUNGAN HUKUM AIR BAWAH TANAH DARIKERUSAKAN SEBAGAIDAMPAK INDUSTRIALISASI

Imanullah, Moch Najib

YUSTISIA Vol 62 (2003)
Publisher : YUSTISIA

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Abstract

The specific objective of this research is to find out the modelsoflaw protection convening water suplay on regulations of laws. To achieve the objective, the research investigated normative judiciaries, conducted on law regulations from the level ofacts to regulations issue by the directorate general, local regulations administering the drainage area used as the research location were investigated: The metodology of this research is that the models of law protection which can be used or protecting water and its resource is the scheme of its perpetuity are the models of: permitting, guiding, controlling, supervising and executing either administrative sanction or criminal penalty. The implication of this research is that the government needs to construct regulations of acts administering water use, especially underground water for industrial activities.

KAJTAN YURIDIS PELAKSANAAN UNDANG-UNDANG DESAIN INDUSTRI

Kholil, Munawar

YUSTISIA Vol 62 (2003)
Publisher : YUSTISIA

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Abstract

A good and stable Industrial design law enforcement notmerely depend on the quantity of written regulation formulated and the regulated field large (as will realize a formal law enforcement degree), but should be supported by material aspect too, that is mental and conduct improvement that in accordance with the character and essensial of law.The industrial deign its self (law culture), without such improvement will arraising an obstacle in law enforcement processes, so the legal culture and also law apparatus bureaucracyis being component that have a greatinfluences in law enforcement processes. Government need to revise some regulation within industrial design act that contains weakness (loophole) and urgent more intensive to carryout deregulation and debureaucracy concerning intellectual property right to be accessed easily by small and medium entrepreneur. Its can be doned by available adequate facilties by establishing intellectual property right centre in every group of small enterprise unit, as well as involved other institutionsuch as universities, NGO.

PENDAYAGUNAAN ZAKAT DI MASYARAKAT MENURUT UNDANG-UNDANG NO. 38 TAHUN 1999 TENTANG PENGELOLAAN ZAKAT

Rianto, Agus

YUSTISIA Vol 62 (2003)
Publisher : YUSTISIA

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Abstract

As a tool in realizing public welfare generalyand specialy moslem society, so alms not merely used for consumtive need, butshould be used as a tool of of investation to finance productiveactivities that can be used in increasing economy welfare and material and spiritual welfare of poor peoples. To complete the utility of alms for being true target and giving optimaly result, so the government establish act number 38 of 1999, that followed by the Religion Minister decree number 581 of 1999 a implementated regulation. By such act being hoped distribution implementation ofalms in Indonesia will be better and succesed

PROBLEMATDKA MEREK TERKENAL DAN PERLINDUNGAN HUKUMNYA DI INDONESIA

Hadi Purwandoko, Prasetyo

YUSTISIA Vol 62 (2003)
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Abstract

A famoustrademark law protection given by trademark act thatbeing preventive minded has been in accordance with TRTPs regulation as be stated in article 6 paragraph (3) and (4) included protection to goods and services as well as similar or not similar, that is by registering trademark. But concerning with repressive protection has not been solved.

UPAYA PEMERINTAH DALAM MEMBERI PERLINDUNGAN HUKUM TERHADAP HAK ANAK

Rofikah, Rofikah

YUSTISIA Vol 62 (2003)
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Abstract

Law protection to the children happened not only if the children conduct crime, but also when the children become crime victimas rape, prostitution, torture. The children right which attained as crime victim are: Theright for getting information of crime being conducted to children, protection right of conduct that threat, torture and blackmailing causing spiritual and material losses, the right for demanding compensation of children suffering, the right for close trial, the right being accompanied bylawyer, the right fortrial facilities. Our penal code does not regulate the crime victim protection (ncluded children), as in article 10penal code there isnocompensation sanction thatcan bebrough to the crime victim.

UPAYA PENYELESAIAN SENGKETA LINGKUNGAN HIDUP (Studi Kasus DiPTPalur Raya Desa Ngringo Kecamatan Jaten, Kabupaten Karanganyar)

Waluyo, Waluyo

YUSTISIA Vol 62 (2003)
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Abstract

:The research goal are to know environmental conflicts cause and the setlement effort of environmental conflict between P.T. Palur Raya which is producting chemically stuffs such as mono sodium glutamate, and part of Palur"s Society arround the company, united in Konsosrsium Korban Limbah PT. PalurRaya (KKL), and thesettlement efforts form be used at future. Data collected by interview technique and partisipated observation at PT. Palur Raya and Desa Ngringo Kecamatan Jaten Kabupaten Karanganyar the necessary data served. Dataanalysed qualitetively. The result are (1) the cause of living environmental conflict between PT. Palur Raya and part of society at the neighbourhood united in Konsorsium Korban Limbah (KKL), is the presumption of toxic waste and environmental pollution because of liquid waste did by PT. Palur Raya. Part of negighbourhood society assume the company existance caused the water contamination (river whales), air pollution (odor/smell) and soil pollution (farms land). (2) The settlement effort are: One side only settlement effort, settlement effort runned bythemselves, and yuridically normative settlement effort. The form of yuridically normatif settlement effort (depend on Undang-Undang Nomor.25/1997 about Environmental Management (UUPLH) is out court resolution the settlement done by agreement between both side, vide article 32 UUPLH, some kind of resolution institution form used were Mediation and resulting Mediation Agreement July 22nd 2000, which continued in the forming ofIndependent Team, assigned to do environmental audit at PT. Palur Raya and recomending the conclusion resulted depend on research. (3) in court using claim (directly or class action) at any violence an law regulation causing losses, and outs court using multilevel settlement system alternative.The settlement should be done by each side. Ifonly this settlement didnt gain any progress, soits going to have use model which is involving some outsider (the natural one) inorder to help and find the way out. This settlement took some application: Law of The Republic of Indonesia Number 30 of 1999 Regarding Arbitrase and Alternatif Disputes Ressolution and Government Regulation od The Republic of Indonesia Number 24 of 2000 Regarding ofProperly Service of Court Environmental Disputes Settlement.

UTANG MENURUT UNDANG-UNDANG KEPAILITAN DAN PROBLEMATIKANYA DALAM PRAKTEK (Analisis Putusan Mahkamah Agung)

Harjono, Harjono

YUSTISIA Vol 62 (2003)
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Abstract

The definition of debt seems to be an urgent need. The vacuum of a stricht, clear and sharped debt definition can cause law uncertainty. Such things can be proved by the vision or argumentatiton of trade court, cassasion judge or appeal judge thatinconsistence in which can damage public interest. So that in thenewest payment obligation cancelation and bankcrupcy act draft,should be given a certain and clear definition. Such definition couldbe hoped being judge guidance in deciding the bankcrupcy declaration inquirement, so that