cover
Filter by Year
Articles by issue : Vol 72 (2007)
10
Articles
IMPLERfiENTASI PENYELESAIAN SENGKETA DAGANGINTERNASIONAL RflELALUI FORUftfl WTO

Purwandoko, Prasetyo Hadi

YUSTISIA Vol 72 (2007)
Publisher : YUSTISIA

Show Abstract | Original Source | Check in Google Scholar

Abstract

T/?e research aimed todiscovertheimplementation  ofInternational Trade Dispute Settlementbyusing World Trade Organization (WTO) Forum. The research used  doctrinal/normative method, and as descrip tive research type. The data ofthe research was collected from different libraries. The sources ofdata are secondary, which were founded from the primary law material, such as: Agreement on Establishing TheWorld Trade Organization, The Law Book 7/1994 ofRatification on Establishing The WTO, and Under standing on Rules and Procedures Governing, the Settlement ofDisputes. Other secondary data were founded from secondary law material: books, papers and seminars report, and also the news which were collected from massmedia like Kompas and Tabloid. Tertiary data founded from dictionary, lawencyclope dia, and bibliography. The research used content analysis foranalyzing the collected data. The result ofthe research concluded that there were numbers of International Trade Dispute which settled using WTO forums. The research founded that  WTOhadsettled349cases ofInternational Trade Dispute that from the dateof 10*January 1995 to &» September2006.

IMPLEMENTASIPERLINDUNGAN HUKUM TERHADAP PEREMPUAN KORBAN KEKERASAN DALAM RUMAH TANGGA Dl KOTA MADIUN (Kajian Terhadap UU No. 23 Tahun 2004 Tentang Penghapusan Kekerasan dalam Rumah Tangga)

Nuswantarl, Nuswantarl

YUSTISIA Vol 72 (2007)
Publisher : YUSTISIA

Show Abstract | Original Source | Check in Google Scholar

Abstract

The aims of the research are: (1) to find out how the legal protection toward women as the victims of harassment within householdis implemented, (2) whatconstraints the legal upholderdeal with in imple menting the legal protection, (3) what measures the legal upholders have taken to overcome the constraints, and (4) what alternative solutions can be proposed to completely Implement the legal protection toward women as the victims ofharassment within household. This is a  non-doctrinallegal study with a microinteractionapproach and a qualitativemethod. Theresearch was conducted at the regionofMadium CityGovernmentin2004-2005.  Theresearchemployeda purposivesampling method.Dataof the research wereprimaryandsecondarydata. The dataweregathered through Interview, directobservation, andcontentanalysis. The data were analysed by usinga qualitative analysis technique with an interactive analysis. Basedon the results ofthe analysis, conclusions are drawnas follows: (1) The City Government ofMadiun Cityandthe legalupholders of Madiun Cityhave notcompletelyimplemented thelegalprotection towardwomen as the victims ofharassment within household;(2) the constraints they face are: (a) that there have notbeen any practicalguidelinesat the CityGovernmentofmadiun Cityand the LegalUpholdersof Madiun City inimplementing the legal protection toward women as the victimsofharassment within household, (b) that the legal contents of the existing laws have not reflected Justice forwomen as the victims ofharassment within household, (c) that the structure of laws or law agencies is gender-biased, and (d) that the legalculture ofcommunity is still gender-biased and patriarchic; (3) the measures taken to overcome the con straints in the implementation of the legal protection toward women as the victims of harassment within household are: (a) conducting communicationand coordination effectively among the legal upholders, (b) improvingattitude and integrityqualityup the legal upholderinexecuting theirduties and functions, and (c) socializing and disseminating the Law Number 23, the Year of2004 on eliminationofharassment within Household to the community; and (4) the alternative solutions proposed to perfectly   implement the legal protection toward women as the victims of harassment within household are immediately executing an integrated penal Iwsystem that acommodates genderjustice and equality in the settlement of cases of harassment within household.

IMPLEMENTASIUNDANG-UNDANG PENGHAPUSAN KEKERASAN DALAM RUMAH TANGGA DAN RELASINYADENGAN NILAI-NILAI AGAMA DAN BUDAYA (Studi Kasus Di Majelis Talim Desa Pucangan Kecamatan Kartasura Kabupaten Sukoharjo)

Lutfiyah, Zeni

YUSTISIA Vol 72 (2007)
Publisher : YUSTISIA

Show Abstract | Original Source | Check in Google Scholar

Abstract

77ie researchwas oriented todescriberelation of  thelawproductandthesocio-cutturelaspectinthe community. Particularly thefollowers ofmajelis talim inthe village ofPucangan Kartasura, Sukoharjo. Thisinquiryfoundseveral information thattheextension at the regulation ofdomestic violence elimination(UUPKDRT). Inspite ofthissituation influenced the focus ofanalysis on communityperception. The research got the formulation of the relation between Pucangan Village and the sosialization programofcommunityandthecommunityand^Q regulation ofdormstic olenceenmination (UUPKDRT). The sodo-cultural aspect communityopinion on the legal product Although the communityhave had awamesson theregulation. Theyalso have hadlocalwisdom thatis sourced from thereligion holybooks, cultures, and customs.

KEBIJAKAN PENYELENGGARAAN KEKUASAAN KEHAKIMAN SEBAGAIKENDALIPEMBENTUKAN PENGADILAN PENGADILAN KHUSUS DlINDONESIA

Herdyanto, Edy

YUSTISIA Vol 72 (2007)
Publisher : YUSTISIA

Show Abstract | Original Source | Check in Google Scholar

Abstract

The aim of the study is to analysis do the establishmentof particular courts recently is accordance or notwith thepowerjusticeimplementation underthesimilarroofofSupreme Court andgiving anadvice the ideal formulation of the  establishment of particular courts within reinof under the  similarroof of Supreme Court. Thisstudy is normative or doctrinal research as law is being concepted as positive norms withinlegislation system. The research take place any places in which can be used to access library material concerningto research data, especially library resources. Thetype ofdata is  seconderdata concerninglaw that consist of primer law material, seconder law material and law tertiary material. The collecting data technique is using library study In analyzing data Is using the logical deduction method. Alter being analysed the conclusion showingthat from the four types  ofparticularcourtthatestablished afterthe exist ofjustice powerimplementation policy underthe similarroofof Supreme Courtas being formulated within article11the law number35/1999 concerningthe revisionof the lawnumber 14/1970  concerningofjustice Powerand the recently is at article 10law number4/2004 concerningthe Justice Power. The three types ofparticular court such as: Human Rights Court, Corruption Courtand Industrial Relationship Courtare in accordance withthe such policy. The exeption is the Taxes Courtis regarded is not inline withjustice power implementation policy under the similarroofof Supreme Court, Forthe future the establishment ofparticu larcourt should not contrarywiththe justice  powerimplementation policy under the similarroof of SupremeCourt. Forthe future the establishment of particularcourts should formulatedby an act, should be placed under the single trial environment such as: common trial environment or religion trial environment or military court environment or administration court environment. As well as the procedure implementedsupposed to follow the procedure lawof the type ofsuch trial environment and also place Supreme Courtas the highest court bodies at Indonesia.

KETERPADUAN KEBIJAKAN LINGKUNGAN DAN TATA RUANG

Sutedjo, Sutedjo

YUSTISIA Vol 72 (2007)
Publisher : YUSTISIA

Show Abstract | Original Source | Check in Google Scholar

Abstract

in the space there are manyenvironmentcomponents. They can beabiotic, biotic and culturalcompo nent They always contact, integrate and depend each otherin the space. Not onlyin continental space but also in sea space and air space. To make their function going well, they need an environment policy andspace planning synchronization. One way to run them well Is make an environment classification. Bymake an environment classification wecan know which environment that can be used, which environmentneedto bedeveloped, need to betaken care and soon. It Is needed to make people and environment can develop well together and help each other. If the people doesnt care about the environment development itcan causea conflicts. The conflicts should be handled seriously. Here aresomekind ofenvironment conflicts: (1) Inter region conflict, (2) Inter sector conflict, (3) Conflict between people and the government, (4)Conflict potentiality inspace planning usage.

LEGAL SERVICEFEE PENASEHAT HUKUM TERDAKWA MONEYLAUNDERING DALAM SINKRONISASI UU ADVOKAT DAN UU TINDAK PIDANA PENCUCIAN UANG

Rustamaji, Muhammad

YUSTISIA Vol 72 (2007)
Publisher : YUSTISIA

Show Abstract | Original Source | Check in Google Scholar

Abstract

Legal servicefee as a reward to thegiven bylawservicea advocate inthereality becomea compli catedstudyareapunish when relating tomoneylaundering crimes, analyse incrime  sectorexpectedtogive important information hithow oughtto be legal service fee in theperspectiveof lawwhenimpinging withmoney launderinglaw. Tread on perpective rule of criminal law, is one can hit by crime sanction as law subjecttothea regulation of invitation constituted with unwritten norm "no crime without fault". Elementary this barbed sliver ably responsibility someone to the deed which have done of. On that account when solutionconcerning advocate accepting is legal service fee to the law service whichhe give to clientwhich is doing an injustice defendant wash of money, must also be tested and studied to use parameter of existence ofmistake (liabilitybased on fault) and abilityofresponsibility (criminal responsibility). Basedonboth of test indicatorcan be known that, the result ofresearch yield conclusion ofadvocate accepting is legal service fee do not includinglaw subject (adresat) ofmoneylaunderinglaw.

MENYOROT KEDUDUKAN DAN FUNGSI MRP (MAJELIS RAKYAT PAPUA) DALAM OTONOMI KHUSUS Dl PAPUA

Grahani Firdausy, Adriana

YUSTISIA Vol 72 (2007)
Publisher : YUSTISIA

Show Abstract | Original Source | Check in Google Scholar

Abstract

This article concern theproblems, particularly from the legal perspective, theimplementation ofLaw Number21of2001 onSpecial Autonomy for Papua Province, commonly referred toMajelis Rakyat Papua (the Papuan Peoples Assembly). The MRP is intended to be the cultural representative ofindigenousPapuans. Its members must be indigenous Papuans with one-third each of the membership being adat (the traditional tribal communities), religious and womens representatives. The MRPis aunique body within Indonesias system ofgovernance and its exact role and powers are laid outin some detail in Articles 19- 25 of SpecialAutonomy. This article will give  descriptions about the functions ofMRPand its authorities inSpecial Autonomy for Papua Province. This article also will shows that the MRP will give some influences inIndonesiassystem of governance.

PENANGANAN SENGKETA PERSAINGAN USAHA BERDASARKAN UU NO. 5 TAHUN 1999 TENTANG LARANGAN PRAKTEK MONOPOLI DAN PERSAINGAN USAHA TlDAKSEHAT (Suatu Kajian dari Aspek Sejarah dan Peran KPPU)

Wiwoho, Jamal

YUSTISIA Vol 72 (2007)
Publisher : YUSTISIA

Show Abstract | Original Source | Check in Google Scholar

Abstract

The problem of this research is how is the historyof the law of business competition inabroad?, how is the history of the law of business competition in Indonesia?, how is the role of KPPU in solving a business competition dispute? Thisreseearch is aimed at collectingdata related to the history ofthe law of business competition in abroad, specially in Indonesia and also related to the role of KPPUinsolving the matter. This is a normative law research, specified to the history of law since it has tried to present the history of the law of business competition from abroad to Indonesia. For which, it Is also a descriptive research. Itssource of data Is from printeddocuments (library study) usingprimary, secondaryand tertiary law materialsthat have been analyzed In the light of deduction logics.From this research it can be con cluded thatthe historyofthelawofbusiness competition was begunIn English continuedto Unietd States, Japan and Canada. In Indonesia, It has beginby 1984industrial act, article 382 of criminal code (KUHP), 1995 Incorporated Act and UU No. 5, 1999 on a prohibition of monopoly practice and unfair business competition. The role of KPPU in solving a dispute can be driven by a complain from businessman, society or KPPUs finding.

PRAKTIK MUSYARAKAH PADAUNIT SIMPAN PINJAM SYARIAH UNIT USAHAOTONOM KOPERASISERBA USAHA SINAR MENTARI Dl KARANGANYAR-JAWATENGAH

Rianto, Agus

YUSTISIA Vol 72 (2007)
Publisher : YUSTISIA

Show Abstract | Original Source | Check in Google Scholar

Abstract

Thisresearch aims to: a. find out how is the implementationof partnership agreementin Syariah Lon- Saving Unit ofAutonomous Enterprise Unit in Sinar Mentari Multi BusinessCooperation, Karanganyan b. find outsocietys reasons or motivations becomingcustomersof the Syariah Lon-Saving Unit ofAutonomousEnterprise Unit in Sinar Mentari Multi BusinessesCooperation; c. find outthe ways orefforst takento solve theproblems, ifthere is anydispute in thepartnership agreement betweencooperation partyand its customers. Theresearch employs normative juridical and sociological / empirical juridical approach. The data used are primary and secondary data. Techniques of collecting data employed are interview; questionaire for the customer andlibrary observation. Following are the results of the research: a. The partnership agreementbetweencooperation partyanditscustomers isconducted in the form ofwritten one involving mnagementoftherights andobligation ofthecooperation as wellas its customers; stipulation of guarantee object; theamount ofprofit sharing for thecooperation partyas well as itscustomers andso on; b.Most ofpeopleareinterested in becoming thecustomers ofthe Syariah Lon-Saving Unit ofAutonomous Enterprise Unit in Sinar Mentari Multi Businessses Cooperation becauseofits easy procedure, that ac cording to thecustomers, itis more flexible  andnotcomplicated, transaction based onthe Syariah Islamsystemismore comfortable psychologically; borrowingmoney through profit sharing systemismore appro priate than interest system or others; c. If there amy problems/obstruction, firstly cooperation party will attempt to solve the problems in family atmosphere/peacefully orplan to adhere a warning boardonthewall. Whenthisis not successful, thus, it will use jurisdiction way. Since Religion Courtstilldo not have an authority tosolve some dispute regarding with businessandloaning, andIndonesian Muamalah Arbitration Boardis stillnot established in  Karanganyar, the completion lawfully inregency courtis preferred, i.e. in Regency Courtof Karanganyar.

UNDANG-UNDANG NOMOR19 TAHUN 2004 DALAM PERSPEKTIF ETIKA LINGKUNGAN

Riyanto, Budi

YUSTISIA Vol 72 (2007)
Publisher : YUSTISIA

Show Abstract | Original Source | Check in Google Scholar

Abstract

Governmentsand communitiesmust regulate the management and use offorests to ensure thattheir useful functions are maintained overtime, benefits are shared equitably, conflictare resolved in a fairand tranparent manner, andsufficient tax revenues areobtained topayfor necessarypublic expenses. But the realproblem is that many existing forests and conservation law themselves have  unacceptable negative impacts on poorpeople, ethnic minorities, and women, and in manyplaces they are enforced in a fashionthatis discriminatory and abusive.