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Articles by issue : Vol 73 (2008)
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EFEKTIVITAS PENEGAKAN SANKSI PIDANAUNDANG-UNDANG N0.23 TAHUN 2004TENTANG PENGHAPUSAN KEKERASAN DALAM RUMAH TANGGAUNTUK MELINDUNGIISTRI DARI KEKERASAN OLEH SUAMI

Lestari, Sri Rahayu

YUSTISIA Vol 73 (2008)
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The purpose ofthis research were toknow theeffectiveness ofenforcing criminal sanction as a view toUUNo.23 tahun 2004 about TheAbolition of Violence inthe Householdto give protection to wives from violence done byhusbands, andanyobstacles thatappeared in the effortofenforcing itscriminalsanction.Asaresearch with genderperspective, this research usedsociologicalornon positivistic approach supported byqualitative analysis. The respondents were wives who hadeverexperienced andbeen a victim of vio lenceactdonebytheirhusbands. The data gathered from therespondents which werefrom certain differ entareas;Kelurahan Jebres, Kelurahan Pucangsawit, andKelurahan Mojosongo. Besides that, therewas also the data, which was purposively taken from police offiers (RPK) in Poltabes Surakarta, KejaksaanNegeri Surakarta, andPengadilan Negeri Surakarta. Moreover, theinstruments of theresearch were in depth interviewanddocumentary research. While data analysis done byapplying deductive andinductive (mixed) wayof thinking which was known as theoretical interpretative. The result of theresearch showed that theenforcing ofcriminal sanction toward UUNo. 23 tahun 2004wasnoteffective ingiving protection to wives. In the reality, although there were lots ofhusbands who did violence acts(physic and mental) totheir wives, in fact itwas difficult toapply thecriminal sanction tothem. In other words, anycriminal sanctions that were gotten couldnotgiveprotection towives. Anyobstacles which were inhibited theeffectiveness of enforcing criminal sanction were: a. thecomplexity  andtheimplication ofthelowprocess before itwentto thecourt, b. thepaternalistic culture as an effect of feudalism, c. lawagencies who were notsensitive enough togenderissues, d. theinexistence ofevidence instruments, in this case visum etrepertum, and e. the womens lack ofunderstanding towardUUPKDRT.

INDIKASIGEOGRAFIS SEBAGAIBENTUK HAK KEKAYAANINTELEKTUAL YANG BERSIFAT KOMUNALISTIK

Hadi, Hernawan

YUSTISIA Vol 73 (2008)
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Geographical Indication Protection in Indonesia earlyIndonesia state become one of the 124 state signing multinational ofGATTofRotation Uruguay. Geographical Indication  itslawprotection inIndonesia arranged inUndang-undang No. 15Tahun 2001abaut MerkandPeraturan Pemerintah No. 51 Tahun 2007 about Geographical Indication.Although arranged to Geographical Indication become one with the Geo graphical Undang-undang Merk.but Indication unlike Merk. Differfrom themerkrights abletobe ownedby Individualistic, Geographical Indication do nothave thecharacterof the individualistic. Indication Georafis morehavingthe character of komunalistic, ownedcollectivelyAogether bycertain area society.Dlfferfromthe Brand representing a sign or draw or combination both used to identify product or company, while Geographical Indication protected as sign which toareacomefrom angoods, what is because geographi cal environmental factor Is Including natural factor, human being factor, or combination from both thefactor, giving certain qualityandcharacteristic atgoodsyielded having characteristic characteristic ofcertain area, and owned by thatcertainarea also.

KEBIJAKAN DAERAH DALAM PENATAAN PEDAGANG KAKI LIMA(PKL) GUNAMEWUJUDKAN PENGELOLAAN PKLYANG PARTISIPATIF DAN BERKEADILAN Dl KOTA SURAKARTA

Waluyo, Waluyo

YUSTISIA Vol 73 (2008)
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The existence ofthe sidewalk merchant (KL) in Surakarta is a newphenomenon. Its role as informal sector, in fact shows its quite good fenacity compared to any other business sectors, it was proven when the economic crisis erose and the other business sectors went out ofbusiness, this sector was still existand able to grow in almost every big city including Surakarta. Although the existence of the sidewalk merchant can be seen as good thing, in fact ithas a highrisklevel when there is no serious handlinggiven by the government toward its existence. This research has a purpose to know about the policiesgiven by the governmentof Surakarta instructuring the sidewalk merchant (PKL) in orderto create an active and fairmanagementofthe sidewalkmerchantin Surakartabesides also know about any abstacles whichshould be faced bythe government instructuringthe sidewalk merchant in Surakarta. From the result ofthe research could be concluded that: (1) the policies used to structuring the sidewalk merchant were the policies ofarea and time based structuring. Toput the policies into effect, the government would try to relate them withthe procedure of the permission forcertain kinds of business work.Any activities that had ever been done as for as this were relocation PKL from the Lapangan Banjarsari to Notoharjo and from the slow lane located on Jl. Adi Sucipto In frontof Gelora Manahan into the GeloraManahan. While forthis moment, the renewing of the regulation about PKLis stillin the process. Bygivin enough space and time for the agents ofPKL (including any communities), society?LSM, and otherstake holderhopefully those kind ofpolicies that hadalready being drawn up could give the feeling offairness forail the sides. (2) Although several government policis could be mentioned as quite effective, in fact there were still several obstacles that should be faced by the government related to the sructurin and establish ing PKL itself. Some of the obstacles were related to the law regulation which still be seen as not reallysuitable for the situation rightnow and also related to the quantity ofthe human resources in PKLoffice.

PEMBERDAYAAN PEREMPUAN DALAM UPAYA PENANGGULANGAN TINDAK KEKERASAN TERHADAPISTRI Empowering Women: An effort to deal with violence against wives

CIptorukmi N, Anjar S.

YUSTISIA Vol 73 (2008)
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Abstract

Thisresearch was conducted to findout the rightpatternofempowering women to deal with violence against wives (Ktl), which happened inhouseholdand to identity any obstacles appearedin the effort to empowerwomen andstate the solution. This empirical research used primary data.  Datagathering had alreadydone byconducting indepth interviewandlibrary study. The resultwas thenbeinganalyzedusinginteractive qualitative analysis technique.From the result, the researchers identified that there are two things cause Ktl: The imbalanced relationship between husband and wife and the absence of social control in the neithersociety nor environment. According that, the researchers suggested two ways of empowering women:they are ingeneral andinspecific.  Empowering womeningeneral means since the children are introducedto, theirsex identities, do not happened any discrimination against women. In specific, therewerepreventive andrepressive ways. The preventive ways weregiving the understanding aboutrights anddutiesas husbandand wife intheperspectiveofgenderandalso givingany motivations tobe autonomous forthe wife. Therepressive ways were givingjuridical, psychological, economical, social and political reinforcement. Any obstacles to this effortwere differentiatedinto internaland external fac tors. The internalfactors were inferiority, shyness, having a feeling ofgetting old, failure, pessimism andseveral otherbad feelings. While the externalfactorsare thestrongpaternalistic culture inthe societyand the unawareness ofthe violenceinthehousehold(KDRT) itselfas a criminal act anda publicresponsible.

PENERAPAN HUKUM PIDANATERHADAP FOTO BUG ILARTISANJASMARA YANG FENOMENAL DALAM RANGKA MEMBERANTAS PORNOGRAFI DAN PORNOAKSI Dl INDONESIA

Suprobowati, Gayatri Dyah

YUSTISIA Vol 73 (2008)
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This research aim to to knowhowapplyingpunish punishedly to nakedphoto case artistAnjasmara which that fenomenal and toknow with the effective the caseAnjasmara handling can give the contribution to eradication ofpornography andpornoaksi in Indonesia. This research is including research type isnondoktrinal (sosiologis) with the method qualitative having the character of descriptive. Data usedin this research cover the data ofprimary and data sekunder. Primary data obtained from responderbyinterview directly with resource person in kejaksanaan ofCountryJakarta Centerthe.  ResponderDetermination by purposive sampling with resource person in kejaksanaan ofCountryJakarta Centerthe. ResponderDeter mination bypurposive sampling. Analyse the data with the technique qualitative teoriticaiinterpretatifthatis analysis with giving interpretation todata gathered pursuant tobasisfor theoryas framework think oron the contrary. Afteran analysis obtained conclusion that applying criminallawto nakedphoto caseAnjasmara which the fenomenal in the reality notyeteffective though asaccording to procedure punish that isso there society report in this caseFP (Front ofIslam Advocate) to glorious polda metro and ditindaklanjuti remain to in the end there no anypenalization which dikenaan this case. This matterbecause existing orderin the reality not yet can ensnare the perpetrator under the cloak of not fulfilled the elements of this and pomoaksipornographyenable because besides there isno specialUUaboutantipornographyandpornoaksi. Even so there newly RUU-and in the reality in the definition ofpornography and pomoaksi still unclear latenthen from its law enforcer alot technological domination its photography still lessso that difficulty in making morethananything else disinyalir thereoknum

PERLINDUNGAN HUKUM PERUSAHAAN PASANGAN USAHAPADA PERJANJIAN PEMBIAYAAN MODALVENTURAYANG MELAKUKAN DIVESTASISEBELUM JATUH TEMPO

Muryanto, Yudho Taruno

YUSTISIA Vol 73 (2008)
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Aventure capital is an alternative forfinancing has an important rolefora capital investment inbusi ness of company partner. The capital imvestment is spescifiedby the company partner. The venture capitei is temporary investment in nature and the venture period isnotaxceed10years, oritisdetermined inanagreement Capital withdrawbya venture capital firm ona companypartner(diseventation) is gener ally conducted if the company partner is considered as nothaving capability,or it is requested by the companypartner, theventure period Isended, andduetolegal verdictDisvestation bya venture capital firmthatcausedbyanotherreasonthan mentioned aboveorbefore theagreedperiodhas been endedwill cost fbrthe companypartner. So, a legalprotection forthe  companypartnerisprotectedbymeansofpreventive way: Protection thatprovided bythe regulation ofventure capital according to financial Ministry decree of No 215/KMK/0131/1998, and legal protection by notarial authority. Theseconds is a repressive waythat performedbymeansof: Rescheduling, Newagreement, Friendlyandinformalsettlement, andLegal Settle ment

PROBLEMATIK PEROLEHAN HAK PERLINDUNGAN VARIETAS TANAMAN

ImanuIIah, Moch Najib

YUSTISIA Vol 73 (2008)
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The objectives of this research are to know the implementation of Plant Variety Protection Act, implementations problem, and alternative solutions.Primary data collected byinterview and secondary data bycontent analysis. Data validity using triangulation, and analyzed byediting analysis style model. The result of research showedthats goodimplementation in normative, but there areseveralproblems like: socialization, expensive cost, andgeographical factors. Researcherrecommendation a task force for socialization:

TANGGUNG JAWAB NEGARA DALAM PELUNCURAN BENDAANGKASA BERDASARKAN CONVENTION ON INTERNATIONAL LIABILITY FOR DAMAGE CAUSED BY SPACE OBJECTS 1972

Emmy Latifah, Emmy Latifah

YUSTISIA Vol 73 (2008)
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Nowadays, the activities in the spaceare increasing. It raises the possibility ofdamage causedbythe spaceobjects onthe surface ofthe Earth. Concerning the principle ofInternational law, morally, the state has to responsible to thestate which get theimpact of space activities. This state responsibility system includes: the responsible parties; the matter mustbe responsibilioty; thepartieswhich have the right to compensation; andthe claim of compensation.

THE PROTECTION OF WITNESS1 RIGHTS DURING A TRIAL PROCESS AT THE DISTRICT COURT LEVEL; A COMPARISON BETWEEN THE REPUBLIC OF INDONESIA AND THE UNITED STATES

Tanjung, Buyung Ridwan

YUSTISIA Vol 73 (2008)
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Howdo The Republic of Indonesias and The United States criminal law proceduresprotecttheir witnessrights during the trial process at the district level?A witness is a part of evidence holding an important thing to prove a crime. There are many definitionsof witness, one of the definitions from the lectlaw is Person who comes to court andswears under oath togive truthful evidence. Onewho, being sworn oraffirmed, according tolaw, deposes as  tohisknowledge offactsinissue between theparties ina causal. However, often a protectionof witness is not strong enough.