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Articles by issue : Vol 63 (2003)
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ANALISIS PUTUSAN MAHKAMAH AGUNG NOMOR 51/K/AG/l999 DALAM PERKARA AHLIWARIS BEDA AGAMA

Soehartono, Soehartono

YUSTISIA Vol 63 (2003)
Publisher : YUSTISIA

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Abstract

According to Supreme Court decision number 51/AG/1999, soYogyakarta moslem court and high court more inaccordance with the.values existing within society. Islamic law compilation which used asbasic law and become a law guidance for moslem court is the core ofmatterial Islamic law that being united from many fiqih book. Thecompilation being used for islamic people is purpused to give lawprotection, law order, justice and law certainty, moreover to createsociety welfare. Its means that Islamic law compilation as lawguidance for moslem court can not be abandoned as its existencyhavebeenaccepted bymoslem society specificaly.

ASAS-ASAS HUKUM PERLINDUNGAN AIR BAWAH TANAH DARIDAMPAK KEGIATANINDUSTRI

ImanuIIah, Moch Najib

YUSTISIA Vol 63 (2003)
Publisher : YUSTISIA

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Abstract

The specific objective of this research is to find out the basic laws use as the principles of law protection on ground water especially the use ground water for indusrtrial activities.To achieve the objective, the researcher investigated normative judiciaries to find out basic laws. The metoddology ofthis research is contentof analysisusing dogmatic lawsas the instrument of analysis. Thefinding of this research are that principles which are potentially used as the basic principles for regulating and protecting ground water resources are the principles of:general utilization, equilibrium, perpetuity, the right of administering water is on the government authority, active participants of the social members are in attempting to make water perpetual, should be charged to change back, utilizing underground water should consider environmental conditions concerned. The implication of this research is that the government needs to construct regulation of acts administeringunderground water use for industrial activities.

EKSAMINASI PUTUSANPENGADILAN SEBAGAIMANIFESTASIKEPEDULIAN DAN KETERLIBATAN MASYARAKAT TERHADAP PERADILAN

Harjono, Harjono

YUSTISIA Vol 63 (2003)
Publisher : YUSTISIA

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Abstract

An effort to canyout supervision to the court, the public involvement hoped able giving an useful idea for improvement ofIndonesia court soirounding. Technically all the idea ofpublic examination seems ideally. Eventhough most of people still feel hesitate since the existency until the sensitive issuees within examination. There is suspicious to the independence and obyectivity of such examination, as there is possibility to counterfeit the result of examination become a partisan activities for certain interest parties, especially for ceases that caontain conflict ofinterest

MONEY LAUNDERING ( Suatu Kajian Dari Aspek Yuridis - Kriminologis)

Budyatmojo, Winarno

YUSTISIA Vol 63 (2003)
Publisher : YUSTISIA

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Abstract

Money laundering is the method being used by crime perpetrator in legalizing the illegal money. Its be doned by circling such an illegal money many times within investation and finance transaction instrument to erase the track of such illegal money. The two kinds ofmoney laundering, first by buying stock exchange or certain traded capital goods, by using illegal money, and then being traded again and the second is using illegal money to buy immoveable property as the ownwer able to used his property without feeling worry to be known the origin of their property. Generaly there are three tehnique steps of moneylaundering conducted by the perpertrator such as: the placement, layerting and integration. In Indonesia money laundering has been declared as crime by act number 15 of 2002 about money laundering crime. More over to anticipate and supress the posibility of advanced money laundering, so being recomended to government to carryout national and international cooperation using bilateral and multilateral forum, for the purpuses such as the extradition of perpetrator which in foreign country and confiscating the assets which be placed at foreign country and to improve the quality of human resoources that handling the ceases by an intensive training and education program.

PEMBAHARUAN HUKUM PIDANA DALAM RANGKA PEMBANGUNAN HUKUM INDONESIA

Adnan, Mohammad

YUSTISIA Vol 63 (2003)
Publisher : YUSTISIA

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Abstract

The national law development, included criminal law development should be directed to the national law system realization that be rooted or sourced of basicvaluenorms or concept and the living reality of indonesia people its self. Its means the penal law reform chould be directed the realization of national law system that be based to five principle grounds as Indonesia people life philosophy and principles within constitution:

PENGATURAN PERLINDUNGAN HUKUM BAGI SAKSI DALAM PERKARA TINDAK PIDANA KORUPSI

Santoso, Bambang

YUSTISIA Vol 63 (2003)
Publisher : YUSTISIA

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Abstract

The witness law protection in corruption ceases have notbeen doned optimally as the the lack of detail regulation withincorruption supression act. Such things does not giving condusiveclimate for the effort ofextinguishing of corruption totaly. The lack of witness protection guarantee cause people feeling afraid and hesitate in giving and information, data, evidence and other information that useful for the corruption investigation. By such condition, the present of the witness protection act is becoming an urgent need. All parties should take an action or pressure to government in creating witness protection act draft in which earlier material have been formulated by Faculty ofLaw UI. ICW and YLBHIand moreover parliament should be responsive in discussingsuch witness protectiunact draft.

PROSPER IMPLEMENTASIHUKUM HUMANTTER PADA KONFLIK BERSENJATA DINANGROE ACEH DARUSALAM (NAD)

Hadi Purwandoko, Prasetyo

YUSTISIA Vol 63 (2003)
Publisher : YUSTISIA

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Abstract

The humanitarian law regulation that can be implemented within armed conflict at NAD is not folly. Humanitarian law regulation that might be implemented by Indonesia government is article 3 Geneva convention of 1949, as the regulation existed is not possible to be implemented is Protocol II additional 1977, this things caused as conflict at Aceh between GAMand government have not been fulfil the requirement stated by protocol II its self, beside that protocol II 1977 have not been ratified by Indonesia government. The obstacle in implementing humanitarian law in armed conflict at Aceh is the problem of subyect to whom owniong right to implement article 3 The Geneva Convention 1949 and the Protocol II additional 1977. Beside that the problem ofthe obey guarantee of protocol II additional 1977 by the rebelion.