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Articles by issue : Vol 66 (2004)
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HARMONISASI PEMUNGUTAN PAJAK DAERAH DAN PAJAK PUSAT SEBAGAI KESATUAN SISTEM PERPAJAKAN NASIONAL SERTA MOTIFASIWAJIB PAJAK DALAM PEMBAYARAN PAJAK

Wiwoho, Jamal

YUSTISIA Vol 66 (2004)
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Abstract

The tax collection both central and local is being an Indonesiantaxes system, which generally become the public burden so being urgent to be maintained in order to direct such policy giving a fair burden. In accordance with central tax, the supervision of local tax needed to be doned comprehensively with national tax. The supervision is being carried on continually, especially concerning the tax obyect and the tax tariff, so between local tax and national tax is become complementary. As well as the formulation oflocal legislation concerning local tax should be based on the national taxes system as an unity frame system.

IMPLEMENTASI PERUBAHAN FAlLLfSSEMENT VERORDENING MENJADI UNBANG-UNBANGAN" NOMOR 4 TAHUN 1998 TENTANG KEPABLITAN

Hadi, Hemawan

YUSTISIA Vol 66 (2004)
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Abstract

Implementation Change abaut Faillissement Verordening Become Undang-undang Nomor 4 Tahun 1998 About Bankrupt. FacultyOf Law Sebelas Maret University . New Parturition Bankrupty Law ( UU No. 4 Tahun 1998) based on the basis of pressure from International Monetary Fund ( IMF) which looking into that Regulationof Bankruptold ones have inappropriate again with international plan era demand, regulation of Bankrupt Ought to have to earn to push Ardour of Foreign Invesment, Capital Market and Facilitate Company of Indonesia obtain;get Overseas Credit. Going into effect ofit an elementary Lawnot because of base from society will;desire ( down up). Theoretically law will peep out / awakening various attitude for example active attitude which in the form of resistance and protest and indifference which in the form of cynical tosituation or try to understand and obtain;get clarification to the such situation. This Research type is including research punish normatif and is qualitative. Normatif because this research is to check qualitative and new Bankrupty Law because this research pursuant to existing law theory. From result of research told that between birth an new Law ( UU Bankrupt) disagree with law theory basing thatLawwhich is goodto be relied on requirement society will punish ( own up).

IMPLEMENTASIUNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANGPERLBVDUNGAN KONSUMEN BARANG DI KOTA SURAKARTA (Studi Pelaksanaan Hak dan Kewajiban Konsumen Barang)

Purwandoko, Prasetyo Hadi

YUSTISIA Vol 66 (2004)
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Abstract

The aim of the research are to observe and to derscribe theimplementation of Law No. 8 of 1999 concerning the Consumers Protection in Surakarta district, in this case the implementation of rights and obligations of goods consumers, and also to arrange its obstacle factors. The method of the research is used survey design which is with sociological jurisprudence approach and descriptive research type. Its sampling technique is probablysampling as simple random sampling. Thedata sources are primary data and secondary data. Collecting data method are questionnaire, interview, and content identification. Technique of data analysis base on combination of deduction and induction analiyical. The final of the result is quantified. It is analyzed with quantitative and qualitative method. The study conclude thatimplementation of theLaw No. 8 of 1999, especially the application of rights andobligations of goodsconsumers are nottotally manifested yet. Thefocus relating to attitude for the rights struggle, for example: the right of advocation, the right of compensation. The obstructions connect with factor of the low gradation of the rights and obligations consciousness in detail.Another factors are operation of the institutions, and socialization of the consumers protection.

KEBIJAKAN FORMULATIF HUKUM PEDANA BALAM UPAYA PENANGGULANGAN TINBAK PIDANA KEKERASAN TERHADAP PEREMPUAN

Novianto, Widodo Tresno

YUSTISIA Vol 66 (2004)
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Abstract

Violence against women, especially related to morality crimes (rape), has been a great concern nowadays. From the collecteddata, it is known that in an only 6 month period (January-June 2002), there were 78 cases of rape, which victimized 88 females, including children under 5. The data in RSCM, Jakarta in 1994-1998 record that there were 919 victims of sexsual abuse, 226 of whom were between 5 to 14 years old. One indication of the casual factors is the limitation in the KUHP which do not give legal protection decently to women, either the criminal formulation or the criminal sanctions. Even there are some articels which are difficult to verity (i.e., rape offense), especially concerning with the evidence of the witnesses and visum et repertum. There fore, this thesis discusses 2 major problems, namely (1) How the formulative policies of the criminal laws suppress violence against women. The research methodology used in this thesis is Juridical Normative. The research specification is descriptive analysis. The data wre based on the secondary data. Then the data was analyzed descriptivelyand presented qualitatively. From the analysis, it is concluded that the formulatif policies in KUHP have not given legal protection to the victim of violence, both from thesubstantial formulation of the crimes and the sanctions. Therefore, there are some points in those policies, among other things are expanding the formulation of violence, both physically and non-physically, and formulating a principle in giving proper compensations to victims, either from the goverment or from criminals.

MENGKAJI KEBIJAKAN PEMTOANAAN UU PEMILU (UU NO. 12 TH. 2003 DAN UU NO. 23 TH. 2003)

Ismunarno, Ismunarno

YUSTISIA Vol 66 (2004)
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Abstract

Genelar election is being a political process for the people of Indonesia toward to the political life demeocraticaly and responsible. To guarantee the general election process it is needed a number of penal sanction for the guard or watching the success of the implementation of the general election. The legislation concerning with genelar election are the Act number 12 of 2003 about the elction of the House Representative member, and Local representative member and Local House Representative member. The other is Act Number 23 of 2003 about the President Election. Generally both act have been better formulated, eventhought some weakness can be founded as well as within formal and material aspect

MODEL TREATMENT DAN REHABILITASI BAGI REMAJA KOREAN NARKOBA ( Studi tentang Implementasi Pasal48 UU No. 22tahun 1997 tentang Narkotika)

Santoso, Bambang

YUSTISIA Vol 66 (2004)
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The aim of this study are to know the model and the obstacles of the treatment and rehabilitation for juvenile that involved in using drugs and narcotics. The category of this study is descriptive research by usng qualitative approach. The sources data collected as well as primer and seconder information. A deeph interviewwith the key person concerning the topic of the study is become the main primer data, so as the seconder databasd on the documentation, tex book related to the topic as well as information gained from internet (electronics data). To analilyze the data is using qualitive approach. The result ofthis study can be concluded first: the model of the treatment and rehabilitation for juvenile carried on by passing four processes as: Treatment, Rehabilitation, Rebinding and Integrationprocesses. So far the obstacles for the treatment and rehabilitation is the fact that the family, surrounding and societytends do not help or reluctantly for the juvenile treatment and rehabilitation support.

PENERAPAN ASAS-ASAS HUKUM PERJANJIAN DALAM KONTRAK PENGADAAN BARANG/JASA EVSTANSI PEMERINTAH

ImanuIIah, Moch Najib

YUSTISIA Vol 66 (2004)
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The purpose ofthis research is to know implementation ofthe basic law principles of contract law on good/ service provisioning contract of the governments institution and juridical implication of the basic law principles when did not apply. To achieve the purposes, normative juridical research is conducted. The subject of the research is basic law principles of contact law. The research use secondary data from primary and secondary law substance, while, the analysis is using the editing analysis style.From the research, researcher have as an conclusion that drafting of good/ services provisioning contract of the government institution that regulated on chapter V the Decree between the Minister of Finance and The Chairman of The National Development Planning Agency Number: S-42/A/2000 and S-2262/D.2/05/2000, apply the basic principles of contract law, such: consensualism, freedom of contract and good faith. But, the equilibrium between the government and the partner (project organizer) have done. As result, wanprestasi on contract implementation potentially. Implication of this research, the government added. Collectively decree with standard contract forexample that write basic principles of contract law onthe article explicitly.

PROBLEMA VCD ILLEGAL Pemahaman dan Upaya penanggulangannya dengan Hukum Pidana

Supanto, Supanto

YUSTISIA Vol 66 (2004)
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Abstract

Violations of intellectual property right (IPR) represent theeconomic crime, that impinge the legislation of IPR rule. VCD Illegal as counterfeiting behavioral is the deed which violate the Copyright regulation (The Law No. 19 of 2002). It is administration law belonging penal sanction. This matter as effort of crime prevention policy with the criminal law, representing the part of criminal policy. The Criminal law is used to become an instrument executing the governmental policy. The enforcement of law in IPR area is important in context of economical globalization, related to Indonesia have followed the member ofWTO. TheIndonesia IPR provisions imposed in Indonesia face the cultural of law problem, concerning the law awareness.

TINJAUAN TENTANG VISUMETREPERTUM DALAM PERSPEKTIF SISTEM PERADILAN PIDANA

Kristiyadi, Kristiyadi

YUSTISIA Vol 66 (2004)
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Practicality visum et repertum visum et repertum does not have a significant role within criminal justice system in Indonesia. Such things happened caused by the criminal procedure evidence system using negative evidence system. According to the negative evidence system, each proof owning an equal quality of evidence. Included visum et repertum, which either calleddocument or expertwitness not fully urge the judges in making final decision, eventhough the truth ofvisumet repertum is doubtless by the judges, but if the judge unable to reach the conviction concerning the guilty of the defendant, so the judges can not use visum et repertum as a binding proof.

TINJAUAN YURIDIS PUTUSAN MAHKAMAH KONSTITUSI TENTANG PEMBATALAN UU NO. 16 TAHUN 2003

Subekti, Subekti

YUSTISIA Vol 66 (2004)
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The act number 16 of 2003 concernng the decree of alternativelegislation on the enactment of alternative legislaton number 1 of 2002 on the eradication of terrorism referring to the Bom explotion incident at Bali October 12of 2002become an act have been called of by TheConstitution court on July 23 of 2004. Eventhought such act have been canceled but Indonesia still consistenly and able to eradicate the terrorism by law number 15 of 2003 concerning the decree alternative legislation number 1of 2002 on the eradicatyion of terrorism become an act. There are dissenting opinion within The Court of Constitution that submitted by 4 judges of the 9 Constitution Courtjudges member. Oneof the base of the decision is the prohibition the enactment of retroactive principle on the Bom explotion incident. The Constitution Court decision arraising juridical implication on the settlement of Bom explotion case at bali on October 12 of 2002, as well as to the inmate, the suspect or whom to thefugitive that related to the suchBomexplotionincidentat Bali.