cover
Filter by Year
Articles by issue : Vol 68 (2005)
10
Articles
EKSISTENSITANAH KASULTANAN ( SULTAN GROUND ) YOGYAKARTA SETELAH BERLAKUNYA UU No. 5 / 1960

Kusumoharyono, Umar

YUSTISIA Vol 68 (2005)
Publisher : YUSTISIA

Show Abstract | Original Source | Check in Google Scholar

Abstract

The aim of research is to reveal the land legislationhistory at Kasultanan Yogyakarta during swapraja era, the Kasultanan Yogyakarta land status after the existence of UUPA since 24 September 1960 until 24 September 1983 at Daerah Istimewa Yogyakarta, the legislation after the existence of UUPA at Daerah Istimewa Yogyakart since 24 September 1983. The reserach take place at Kasultanan Yogyakarta where now become Daerah Istimewa Yogyakarta, at the level provinsial first grade, except at Kulonprogo regency. The data type are primary and secondary resources. Qualitative method is used to analysis the data collected. The swapraja land at Yogyakarta after the existence of UUPA is not changing yet as the fourth dictum of UUPA not available the government decree as implementation legislation, eventhough most ofswapraja land has been mastered by central government.

EKTRADISI DALAM KERANGKA KERJASAMA MENCEGAH DAN MEMBERANTAS KEJAHATAN (Tinjauan Hubungan Indonesia - Singapura)

Muslimah, Siti

YUSTISIA Vol 68 (2005)
Publisher : YUSTISIA

Show Abstract | Original Source | Check in Google Scholar

Abstract

Theres an assumption that criminals especially comptor whomade the finance and economic affairs of Indonesia getting wrost, have escape their self to Singapore. Beside this state is the closer one, the weakness of security and defence system of this state be the reasons. In addition, they are save to hide their self overthere, even to operate their business. The jurisdiction process to such chased is inhibit by the frontierof sovereignty. One of the effort that can be used to catch them is extradition agreement from Singapore and for getting that agreement weve tried in the last 30 years. But till now Singapore likely cant receive such agreement yet. This condition show us that theres no political willing to make a deal of law upright even with other ASEAN members. Singapores "political will" is domestical problem of this state that must be realized, thats cause they get "benefit" with the presence of chaseds. Extradition agreements problem is complicated letlone if thelaw systembetween state different eachother, including in procedure. To built a baseof workship which bond strongly andwholy among members, how much better if such extradition agreement is made in a regional convention of the ASEAN. Its has supported by the resolution No 45/116 about "Model Treaty on Extradition" that have declarated by UNO on their conggres with absolutely December 14th 1990.

IMPLEMENTASI AGREEMENT ON TRADE RELATED ASPECTS OF INTELLECTUAL PROPERTY RIGHTS OLEH PEMERINTAH INDONESIA

Hadi Purwandoko, Prasetyo

YUSTISIA Vol 68 (2005)
Publisher : YUSTISIA

Show Abstract | Original Source | Check in Google Scholar

Abstract

The main problem this study is how the implementationAgreement on rade Related Aspects of Intellectual Property Rights, Including Trade in Conterfeit Goods by the Indonesian government. This is non doctrinal/sociological reaserach. The typeand resources of data used is primer and secunder material. Data collecting techniques is by interviewing, library study, and by accessing data of website situs. Qualitative analysis with Interactive model is used to analysis primer data. To analysis the seconder data/non statistical is by deductive method. The approach used is juridical approach. The study showingAgreement on Trade Related Aspects of Intellectual Property Rights, Including Trade in Conterfeit Goods have been well implemented by the Indonesian government by making some policy such as legislation policy. For such things have been formulated a new statute which have not been regulated yet and the adjusment of the existed law with TRIPs regulation.For suchthings can be proved that in 2000 havebeenstipulated the industrial design law, integrated circuit site plan design and trade secrecy. Furthermore the legislation regulating copy right, patent and brand name since 1997 until 2002 also heve been renewable in accordance with TRIPs Agreement/WTO. Beside that have been doned the effort to improve and increase intelectual property rights administration byaraising President Decree Number 144/1998 and President decree number 189/1998 that state the duty of intelectual property rights directorate generale (DITJEN HK1) to cany out nationalintelectual property rights system integrally. This action supported by the directorate of cooperation and information development of intelectual property rights directorate. Within cooperation and socialization sector implemented by increasing cooperation (foreign) and increasing socialization for improving the undestanding and consciousness of intelectual propertyrights. Furthermore been carry out law enforcement of intelectual property rights. To enlarge the public access in present have been carried oiut technology information services system by developing infrastructure by automation system in cooperation with Japan International Cooperation Agency (JIKA).

KEBIJAKAN PENYELENGGARAAN KEKUASAAN KEHAKIMANDIBAWAH SATUATAP MAHKAMAH AGUNG (Tinjauan Politik Hukum Undang-undang No. 4 Tahun 2004 tentang Kekuasaan Kehakiman)

Herdyanto, SH, Edy

YUSTISIA Vol 68 (2005)
Publisher : YUSTISIA

Show Abstract | Original Source | Check in Google Scholar

Abstract

The policy of judicial power implementation under the sameroof of supreme court is based to the idea of the peoples consultative assembly number X/MPR/1998 concerning development reformation core in order in saving and normalization of national life as state guard, in which related to law aspect stating the urgent to separate sharply between the function of judicial and executive. The political of law of Act number 4/2004 being implemented such as the change of the judicial power  implementation in which prior handled by two institution as  concerning judicialaffairsupervised by Supreme of  Courtandconcerning finance, organization and administration organized by Departement of Justice, to be changed under the sameroof of Supreme Court

OTONOMI DAERAH DAN PERENCANAAN PEMBANGUNAN DI DAERAH

Isharyanto, Isharyanto

YUSTISIA Vol 68 (2005)
Publisher : YUSTISIA

Show Abstract | Original Source | Check in Google Scholar

Abstract

This article effort to describe the problem ofthe local development planning system under the Law Nr. 25 2004 andthe Law Nr. 322004. The political will of the national government to give the strong legal certainty with the local development planning system motivied by the decentralization policy and the mechanicm constitutional that eliminated the State Policy Outlines (GBHN, Garisgaris Besar Halauan Negara). The regulate model about local development planning system in the the Law Nr. 25/2004 and the Law Nr. 32/2004 are different. Some problem relation with the political interest when the law promulgated and the others are relation with the substance oflaw.

PENYELESAIAN SENGKETA PERUSAHAAN MULTINASIONAL MELALUI ARBITRASE (KAJIAN INTERNA TIONAL CONVENTION ON THE SETTLEMENT OF INVESTMENTDISPUTES)

Prahartono, Hero

YUSTISIA Vol 68 (2005)
Publisher : YUSTISIA

Show Abstract | Original Source | Check in Google Scholar

Abstract

The obyective of the study is first to reveal the reason of multinational corporation using ACSID arbitration to settle down their dispute and the second is to identify the obstacles araising concerning of implementation of ACSID arbitration in Indonesia. The method of the research is used survey design which is with sociological jurisprudence approach and descriptive type. Its sampling technique is probably sampling as sample random sampling. The data sources are primary and secondary data. Collecting data method are questionnaire, interview and contentidentification. Technique of data analysis base are combination of deduction and induction analytical. The final of the result is quantified, it is analyzed with quantitative, qualitative and philosophies method. According to International Agreement, arbitration can be implemented for such reason:1. There should be further Bilateral Agreement, 2. There should be some rule for domestic implementation, 3. The arbitration should be recognized by all of the countries participating in the Convention. In relation to this matter, Indonesian government has issued Supreme Court Decree No. 1/1990) as the rule for implementing The Decisions of foreign Arbitration. Based on the article 2 of Acts No. 5, 1968 , however, not all disputed resulting from foreign investment are automatically subjected to Washington Convention. The Acts stated that the Convention applies only ifthere is an additional agreement between the parties, involved in the disputed. This additional requirement results in.  Contradiction. Keywords : Dispute, Arbitration, Multinational Corporation

PERANAN HUKUM DALAM MENGHADAPI TRANSFORMASI GLOBAL BIDANG EKONOMI

HudiAsrori S, M.

YUSTISIA Vol 68 (2005)
Publisher : YUSTISIA

Show Abstract | Original Source | Check in Google Scholar

Abstract

The history of people and state of Indonesia has been scarreddynamic seem as a complex life phenomenon. Thats the all mighty God procession. Time running without caring to profit or loss interest, supply and demand, good or bad.. To anticipate the progress of free trade activities, it"s better to realize the own potency and ability strongly, such as cooperation, tourism, small and medium enterprises. Those sector should be managed systematically and consistenly, supported by available protectable norms, and prepared humandevelopment as  business actor in which global business oriented for national purposes. To face this free trade era should be arraised The Newest Indonesia program such as the concept stated by Kotler.

PERLINDUNGAN HUKUM TERHADAP KONSUMEN YANG MENDERITA KERUGIAN DALAM TRANSAKSIPROPERTI MENURUT UNDANG-UNDANG PERLINDUNGAN KONSUMEN ( Studi Pada Pengembang Perumahan PT. Fajar Bangun Raharja Surakarta )

Harjono, Harjono

YUSTISIA Vol 68 (2005)
Publisher : YUSTISIA

Show Abstract | Original Source | Check in Google Scholar

Abstract

This research will study and answer problems concerning legalfundament able to be used by consumerto sue civil liabilityof developer of housing, in the case of loss as effort obtain get protection of law; arrangement of perpetrator liability of effort ( developer of housing) in ConsumerismLaw have enough give protection to importance of consumer or not yet; civil liability of perpetrator of effort ( developer of housing) have been  executed as according to Consumerism Law or not yet; law procedure able to be gone through by unprofitable consumer, to claim  liability of civil to developer of housing.This research is including type research of law of empirik and have the character of descriptively, this Research data cover primary data and data of sekunder. Primary data is especial data ofthis research. Whiledata of sekunder used as [by] supporter of primary data. Subyek the research more view as [by] [is] informan to giveinformation concerning problems which will check. To determine informan used by technique of purposive sampling . Hereinafter with Snow Ball Sampling determined by other informan. Data collected with technique interview structure (guide interview ). Interview done by circumstantial (interviewing depth in ). To collect data of sekunderused by technique note document, used Analysis technique havethe characterof qualitative. Nature of base analyse this have the characterof inductively, that is ways conclude from things having the character of special toward things having the character of public. Law And Regulation Of which can made by the basis law by unprofitable housing consumer, to claim civil liability of developer ofhousing, as effort obtain; get protection of law namelyUUPK, UU No. 2 Year 1986 Jo. UU No. 9 Year 2004, PERMA No. 1 Year 2002, UU No. 30Year 1999. Civil liability of perpetrator of effort developer of housing of PT. Fajar Bangun Raharja have been executed as according to Consumerism Law. Procedure Law able to be gone through by unprofitable consumer, to claim responsibility of civil to developer of housing that is bringed a lawsuit to the court deed contempt of court to District Court, or suing of class action, and or BPSK

PROBLEMATBKA HAK KEKAYAAN INTELEKTUAL (HKI) PADA KERAJINAN BATIK KAYU

Imanullah, Moch Najib, Rofikah, Rofikah, Hadi Purwandoko, Prasetyo

YUSTISIA Vol 68 (2005)
Publisher : YUSTISIA

Show Abstract | Original Source | Check in Google Scholar

Abstract

The aim of the research are to identify Intellectual Property Right and as problems of wood batik handycraft, and looking for alternative solution. To achieve that, normative and empirical juridical research is conducted. The research use secondary and primary data. The analysis is using the editing analysis style. From the research, researcher have as as conclusion that the art of wood batik handycraft potential to protect by Intellectual Property Right, such as copy right for inovation/ alternative batik, patent for colour formula and Mark for trade mark. But, there are technical problems and high cost as the problem to obtain Intellectual Property Rights.

PROSES NATURALISASI BAGI WARGA NEGARA ASING YANG BERDOMISILI DI INDONESIA

Praptono, Sugeng

YUSTISIA Vol 68 (2005)
Publisher : YUSTISIA

Show Abstract | Original Source | Check in Google Scholar

Abstract

The citizmship is an important study in the Constitusional Ixiufield Itshas relation with the existance ofthestatedanin otheside has an objectively consequence in the human rights and the duty from a person who become an citizen of the slate. The consequences are both in the private law and the public law. In Indonesia, the 1945 Constitution had regulated in the article 26 andin the frame of its reform (1999-2002), the substance amanded for answer the claim of global isseus related with democracy and human rights problem. The derivative law which operated the new article of constitution has not promulged so it become some problems in the exercise of the regidation. Today the derivative law has been exist is Law Nr. 62 1958 that mention of the procedure to get citizen status by the naturalitationprocess.