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Articles by issue : Vol 69 (2006)
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EFEKTIVITAS PELAKSANAAN UU NO. 25 TAHUN 2003 TENTANG TINDAK PIDANAPENCUCIAN UANG KHUSUSNYA MENGENAI PENGATURAN TRANS FER DANA MELALUI MEDIA ELEKTRONIKPADA BANK

Suprobowati, Gayatri Dyah

YUSTISIA Vol 69 (2006)
Publisher : YUSTISIA

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Abstract

The aim ofthe study is to know the effectiveness arangement transfer the fundespecially electronic media at bank in perpective oflaw No. 25/2003 concerning the money laundering crime and seen from Recommendation FATF (Financial Action Task Force). The conclusion that arrangement transfer fund specially in electronic media at bank in perpective oflaw No. 25 at 2003 about doing an injustice of money laundering and seen from Recommendation FATF, in the reality in its execution not yet effective because seen from it regulationmaker facet and its regulationis it selfstillthere are regulationblankness aspecially in the case of fund transfering in electronic media, Cyber Crime and other smelling electronic. For the officer oflaw enforcer still constraint because concerning sophisticated and complicated activity so some time the officer besides not follow also not able to conduct action law. So also from its society facet (role handle), still less the existence of socialization from government, so that a lot of them which not under stood and comprehand what intend in an injustice ofmoney laundering. And it difficultyin the implementation.

IDENTIFIKASI PENYEBAB DAN POLA PENYELESAIAN SENGKETA LINGKUNGAN Dl WILAYAH KABUPATEN KARANGANYAR

Waluyo, Waluyo

YUSTISIA Vol 69 (2006)
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Abstract

Theaim of the studyis revealing the cause factor of the happening of and form the solution model applied toenvironment dispute occurred in region of Karanganyar. The cause ofenvironment dispute in region Karanganyar, environmental dispute between PTIndo Acidatama Chemical Industry residing in Kemiri Kebakkramat versus some of farmersociety in Sroyo and Kemiri (1999-2000) and also environmental dispute between PTPalurRaya residing in Ngringo Jaten versus someof Ngringo society which is merged into byConsortium of Waste Victim (KKL) PTPalur Raya (2000-2002) is the existence ofanticipa tion havethe happening ofenvironmental contamination in consequence ofhaveoperated[tcompany (PTIACI andPTPalur Raya). To solve the dispute between PTIndo Acidatama Chemical Industry residing in Kemiri Kebakkramat versus parts farmer society In Sroyo andKemiri (1999-2000) with formed its function ing Tim-9 connecting problems faced between company and society. This team give the solution which Incharacterrecommend tocompany andcontrol when needed; while toenvironmental dispute thathappened between PT Palur Raya versus KKL is pass the mechanism of Is solving of extrajudlcal environment dispute In the form ofEnvironmental Medlasi (mediator Ir. Agus Qunawan Wlbisono). This Mediasi yield the Agreement Mediasi ofdate of22July 2000 and followed with the Independent Team forming.

KAJIAN YURIDIS PENERBITAN SERTIFIKAT LISENSIPENGUMUMAN MUSIK OLEH YAYASAN KARYA CIPTA INDONESIA (YKCI)

Djuwityastuti, Djuwityastuti

YUSTISIA Vol 69 (2006)
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Abstract

The art product which the creativity result of songs and musics creator is protected bylawof act number 19 of 2002concerning Copyright within article 12(Id). The importance ofadequate lawprotection for the songs and musics creator either with text or without text as every creator owning exclusive right and the other right which included within moral and economy right that can not be separated from the cultural and economy aspect oftheir creation. For such reason Yayasan Karya Cipta Indonesia (YKCI) represent in defending andprotecting the creator interest bycarrying regristation for the contract formulation participator, power ofattorney formulation and regristation ofart product. In order for the collection offee/royalty for the usage of copyright by musics user which giving economic benefit as well as within domestic or foreign bypublishing musical announcement licence sertificate. Bymusical announcement sertificate the creator/user attain the right to announce songs ormusics with textor without textwithin certain terms in according with sertificate (article 48 (2) yo article 2 (1)UUHC).

KOMISIKEBENARAN DAN REKONSILIASI SEBAGAIALTERNATIF LAIN DALAM PENYELESAIAN PELANGGARAN H.A.M. BERAT MASA LALU

Herdyanto, Edi

YUSTISIA Vol 69 (2006)
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Abstract

The human right violation occured atthe pastlike 30 September Indonesias Communist Party Affair, The attack of Indonesias Democratic Party headquarter at Diponegoro street in which most popular named 27July affair, Trisakti violence ceases, The first and second Semanggi, needtobe accomplished by Reconsiliation and Truth Comission. The prospect of Reconsiliation and Truth Comission is quite clearandgood as own strong legal base, as decrees ofPeoples Consultative Assembly No. V/MPR/2000and the law number 26of2000 concerning Human Right Court The Peoples Consulative assembly recommendation is needed forthe establishment Reconsiliation and truth Commission as alternative choice to settle the past human right violation

KRISIS AIR, ILLEGAL LOGGING DAN PENEGAKAN HUKUM LINGKUNGAN Dl INDONESIA

Handayan, I Gusti Ayu Ketut Rachmi

YUSTISIA Vol 69 (2006)
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Abstract

The protection and preservation ofthe environment isnowperceived asbeing ofcrucial importance to the future of mankind, and public bodies both national and international are taking significant steps towards theestablishment oflegislation which will promote the protection ofthe environment. The number of critical watershed in Indonesia increases from time to time. In 1980s there were only 22 areas, but in 1990s itincreased into 35 areasandin 2003italready reached into 69 areas. Almost 70% of thesecritical areaslocate in Java island. One ofthe weaknesses in the integrated watershed management in Indonesia is the decreasing quality oflaw enforcement, especially for the regulations pertaining to water resources, spatial planning, and conservation ofnatural resources together with the ecosystem.

MENENGOK WATAK PARLEMEN BIKAMERAL Dl INDONESIA

Isharyanto, Isharyanto

YUSTISIA Vol 69 (2006)
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Abstract

After the refomation of constitution in Indonesia, there are some perspetives that make the new configuration for itsgovernment mechanism. Oneis therepotition from thePeople Consultative Assembly(MPR) both ofthefunctions andstructures. The 1945Constitution make thenewcomposition from the MPR and guide the purposes to build of bicameral system. In this regulation, MPR consists from the members of House of Representatives (DPR) and members House of Province (DPD). Its purposes to make check and balances system in the representative democracy andalso to respons from the local interestproblems in the nationalpublic policy But in the normative andreal politic, the honorable goalshas seriousproblems when thepowerof DPD notequalwith theDPRas comon reality inthe otherscountries in thelegislative andcontrol forreformance oftheexecutive. The presumption givetheadjusment that thecharacterofthe parliament in Indonesia is weak bicameralism. Therea are somefactorscan explained why the condition like this exist in Indonesia.

PENGAMALAN/APLIKASI NILAI-NILAI PANCASILA DALAM ASPEK PENGELOLAAN LINGKUNGAN HIDUP

Rianto, Agus

YUSTISIA Vol 69 (2006)
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Abstract

Environment management principally is the effort to conserve the environment function in which included policy, regulation, utility, maintenance, recovery, controlling and managing of environment. The environment management needed in orderin creating sustainable development that owning anenvironment perspective for the Indonesias humanbeing integral development within faith in God. Its urgent in under standing in how to applicate or knowing the application aspects ofPancasila values forthe environment management toattain a betterand usefulenvironment management

STRUKTUR ORGANISASIBIROKRASI DAERAH YANG IDEAL BERDASARKAN PERATURAN PEMERINTAH (PP) NOMOR 8 TAHUN 2003 TENTANG PEDOMAN ORGANISASI PERANGKAT DAERAH

Pujiyono, Pujiyono

YUSTISIA Vol 69 (2006)
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Abstract

One characteristic ofstate bureaucracy isits tendency atpower, so that emerge very strong bureaucracy structure. Surely bureaucracy in local government, since released local autonomy, become strong so. It almost hold all that possible ofsocial, economics and politics life. It represent forefront which deal with gift ofpublic service to society. Structure of fat bureaucracy in a lot of matter exactly generates unsincron function, therefore the policy ofsettlement bureaucracy always important. In this time, policy ofsettlement bureaucracy more aimed to moderate the structure, considering previously our bureaucracy is poorin function and rich in structure. To thafs, The Government hasreleasedPeraturan Pemerintah (PP) NomorB Tahun 2003tentang Pedoman Organisasi Perangkat Daerah. With theeffort ofmoderation structure ofbureaucracy inlocalgovernment based on that PP, itis expectednottoofatandthan more effectiveand efficient in reaching target

UPAYA PENCEGAHAN TERHADAP KEJAHATAN Dl LINGKUNGAN PROFESIONAL

Kristiyadi, Kristiyadi

YUSTISIA Vol 69 (2006)
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Abstract

In present day the professional fringe violator is developed rapidly. The type ofsuch crime includedmany sector occupation: accountant, lawyer, doctor, exc. The settlement ofprofessional fringe violatorbyusing positive law recently is not accordance with the public hope. To overcome that condition, being suggested to carry out law enforcement by using non penal and penal effort.

WATAK UUD 1945 DALAM KERANGKA TRANSISI KE DEMOKRASI Dl INDONESIA

Isharyanto, Isharyanto

YUSTISIA Vol 69 (2006)
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Abstract

Constitution is the supreme law ofthe land and become the highest law in the legal systemofa nation. The conservative study explaining that the function ofthe constitution is to give and control the power of state. Its success to discribe in the normal situation but failed to give the information about the function from the constitution in the transition periodewhen a state changes from the  utharitarianism to democra tization. In order to get the newperspective related with study ofthe constitutional law, the modern study showed that some characters of the constitution. Some related with the transitional model but the others cases be discribed the various factors in the democratization process. There are three characters of the contitution: critical, restorational, and residual. The critical constitution contained manynorms that exchange the new order government deffirent from the old rezim. The restorational one substance the legal system in Oder to come back to the ancient rezime before the otoritariansm condition. Last, the residual one contained the political mechanism as a continued the ancient rezime. In the same frame, the 1945 Constitution, thathave amanded by PeoplesConsultative Assembly (MPR) show the multicharacter as a critical, restorational, and residual constitution. The are many factors be influenced in the transitional process in Indonesia.