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Articles by issue : Vol 65 (2004)
12
Articles
IMPLIKASIPERKEMBANGAN PERATURAN JAMINAN HAK ATAS TANAH DALAM PERKREDITAN DI INDONESIA

Mintorowati, Endang

YUSTISIA Vol 65 (2004)
Publisher : YUSTISIA

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Abstract

This Research is about implication of The Regulation development of the land guarantiee Right in the Credit matters in Indonesia. Thepurpose of this research is to know about the development of credit matters in Indonesia needed. Dealing with the purpose of it, it can be called that the research is a kind of a normative research of the history of the law. The data which is used in this Research is secondary data. It observes some literature materials suchas primary law materials, secondary low materials and tertiary law ones. Firstly, the writer inventoried and clarified all materials sistematially, then I analyzed it logically using content analysis technigue. Based on the result of theobservation, it is really that there are many change at the land guarantee Right in Indonesia. Both the object of the land guarantee right and the guarantor (guarantee institution) have got many change. Before the law no. 5 in 1960 was legalized, it was happened in the colonial era, the objecct of the land guarantee could be differenciated into the foreign (west) authrity ofland and the native authorityofland. The guarantor was also different. The land which was authorized by the west (Dutch), the legal guarantor wasa mortgage and the land which wasauthorized by the Native (Indonesia), the legal guarantee Institution wascredituer bank. The object of the land guarantee right has been national and unification since the law no. 4 in 1996was legalized (point51 ofthe law no. S in 1960).By knowing the content of the law no 4 in 1996 such as aboutthe principle, object and the process of credit matters with the guarantee right, it could be stated that all ofthem can fulfill the development of credit matters in Indonesia. Although the law no 4 in 1996 is good enough, there are stil many points must be revised. It can be revised in the points which are arranging the object and subject (guarantee holder), guarantee promise and arranging how to registrate the guarantee right by making a warrantwhich is giving heavy responsibility to the guarantee right. If theweakness of those points arent revised, The Credit Matters in Indonesia willgo down at the growthofour economic in this globalera.

KEBIJAKAN PERUNDUNGAN HUKUM TERHADAP KONSUMEN ATAS PRODUKOBAT YANG DUCTAL SECARA BEBAS

Sugandha, Wasis

YUSTISIA Vol 65 (2004)
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Abstract

The research aim are to response the problem such as how the law policy declared by government in order to protect the consumer for free trade medicine product, how the government responsibility in consumer protection lawenforcement especially concerning free trademedicine product, and the the factors that impact the consumer protection law enforcement for free trademarketmedicineproduct.The frameofthinkingis basedon  scientifictheoretical concept that the state have dutyto take a series action to createsociety welfare, by implementing the exist regulation. The research method is descriptive normative by library research and using qualitative approach, so the dataobtained is not numerical, but the description offact. The research result are the consumer protection law policy either preventively or curatively. The government administratively responsible and as publicinstitution in consumer protection, the factor impact the law enforcement for consumer protection including sociological and juridical factor, especially related to the society culture. .According to the research result being recommended for completing the exist regulation by  implementation rules.

KEDUDUKAN KEPALA DESA DALAM UPAYA PENYELESAIAN SENGKETA DALAM MASYARAKAT

Soehartono, Soehartono

YUSTISIA Vol 65 (2004)
Publisher : YUSTISIA

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Abstract

Peoples, especially who liveat the village stillacknowledge the existence ofthe vilagejudge. Suchthing can be seen most of the dispute happened between the people andthe otherare brought to the village chief to be settled. The village people prefer to settle their dispute by non litigation manner. Non litigation option is chosen as considered more economical and more democratic, compromise, still keep the harmonization of the family relationship. By such method the exist relationship can be kept.

KETERWAKILAN PEREMPUAN DALAM DEWAN PERWAKILAN RAKYAT: PERSPEKTIF HUKUM TATA NEGARA

Madalina, M.

YUSTISIA Vol 65 (2004)
Publisher : YUSTISIA

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Abstract

A qouta system to formulate women representation compositionwithin Indonesias House of Representative suppose not being regarded as the denial of democracy principles, but merely as affirmative action to create democracy norms universally To guaranteethe implementationwomwn quota system within House ofRepresentativesand generally in other political arena. Its become urgent to keep the rules based to justice and gender equalitywithin national legislation can be implementedeffectively that followed by a strategic actions by anybody whom take concern in the .implementation of democracy in Indonesia.

KONSISTENSI HAKIM PENGADILAN NIAGA DALAM MENGADILI PERKARA KEPADLITAN DENGAN KLAUSULA ARBITRASE

Harjono, Harjono

YUSTISIA Vol 65 (2004)
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Abstract

this researchstudy Competency of Commercial Court in judgingcase of bankrupt which was the proffering of the base agreement with arbritation clause, and analyse Appelate Court consistency in giving consideration of bankrupt verdict law with arbitration clause. Existence of Abritration clause that agreement in principle indicate that them mutually agree to to finish arising out dispute of the agreement to institute of arbitrase. Thereby abolish Competency of Commercial Court to check that case. But in practise found many, that Commercial Court remain to checkcase of arising out bankrupt of agreement with arbitration clause. Consideration of legal dicision, Commercial Court and Appelate Court have to load consideration of law concerning competence. This research is including type Research of Normative (Doctrinal). Especial Material research of in the form of materials punish and primary of sekunder. Law materials collected with document study with analysis content. Analysiswith pattern have natural existence ofdeductive. With this deductive formal logic will be found by elementary premis-premis to base on the truth ofan method punish concrete in. in this research will look for base of legitimation consideration of law in judge decision. Judge Commercial Court not have same opinion and perception regarding competency of Commercial court to check and judge application of statement ofbankrupt.This difference (of) mirrorof inkonsistensi considerationof law in dropped decision. There is consideration of judge of judge expressing Justice of authoritative Commercial, on the contrary there is also expressing unqualified. This incosistency cause incidenceuncidence uncertainty oflaw. Ofconsideration ofjudges ofCommercial Court and Supreme Court in the reality, always consistent in giving consideration of law at case applicationofstatement ofbankrupt.

LEMBAGA PEMASYARAKATAN DALAM PERSPEKTIF SISTEM PERADILAN PIDANA

Kristiyadi, Kristiyadi

YUSTISIA Vol 65 (2004)
Publisher : YUSTISIA

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Abstract

Penintitiary as a system of criminal justice system, it is existency still contains some weakness, as being regarded with quantityaspect (the number of prison room) not equal with the numebr ofprisoner, the aspect education aspect of the supervisor of Penintiary, whereby avarage education are primary school, junior high school and senior high school, which lack of knowledge as a supervisor. Within legislation aspect still securityapproach  eithereducated aspect

LINGKUNGAN DAN PEMBANGUNAN BERKELANJUTAN (Sejarah dan Pelaksanaannya Di Indonesia)

Waluyo, Waluyo

YUSTISIA Vol 65 (2004)
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The environmental problem is part of our life together. The danger and the damage of environment can occured as a threat of development without conservation. To prevent the damage of environment and guarranteless of next generation, so its become urgent to regulate natural resources management and to implementate the article 9 ofthe environmental management act refering to an integration environmental management

PENGEMBANGAN HUKUM ISLAM MELALUI YURISPRUDENSI PERADILAN AGAMA

Rianto, Agus

YUSTISIA Vol 65 (2004)
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Abstract

The religion court as well as the judges giving a great impact tothe Islamic Law development. By the judge decisions will be formulated various jurisprudence that considered as the answer of many law ceases brought by any parties to the religion court. In this matter of course needed a serious itjihad by all judges in making decision the cases being handled. Being hoped that all the religion judges will be more enthusiasm to carryout a various iijihad

PENGEMBANGAN KURIKULUM PENDIDflKAN HUKUM BERPERSPEKTIF GENDER DIPERGURUAN TINGGIWILAYAH KARESEDENAN SURAKARTA

Sudarwanto, AI. Sentot

YUSTISIA Vol 65 (2004)
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Abstract

The objective of this research is study of the policy of LawFaculty to develop of law study which is gender perspective in higher education in Surakarta. The research was qualitative raethode with primary and secondary data, was collected by field study and literature study. The informan was chosed by porposive sampling design. The result of this research is that developing curriculum of law study was done by gender perspective approach in the study of teaching material and make a new subject of instruction. But the commitment to developing law study have gender perspective is still little, so it is needed to make an aliance forum of lecters to improve developing law study with gender perspective well.

PERDAGANGAN BERJANGKA KOMODITI DALAM PERSPEKTIF HUKUM PERJANJIAN ISLAM

Harahap, Burhanudin

YUSTISIA Vol 65 (2004)
Publisher : YUSTISIA

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Abstract

As a system, the future trading have similarity with stock exchange transaction. Evenhough if being examined deeply, the future trading contains substance that different in the legal aspect that can not be justified with stock exchange trading. The future trading is become trade reality that need comprehensively approach, not merely considered as normative legal perspective. Its need to be considered the utility of such reality. As a system, if in reality trade more give benefit for the parties concerned and not containsthe unjustice aspects, of coursethe Moslemwill accommodate the reality needed according to useful utility.