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Articles by issue : Vol 74 (2008)
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ASURANSI KESEHATAN SOSIAL SEBAGAI UPAYA NEGARA DALAM MEWUJUDKAN MASYARAKAT SEJAHTERA

Suryono, Arief

YUSTISIA Vol 74 (2008)
Publisher : YUSTISIA

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Abstract

Healthinsurance is one of the ways to deal with the illness risks.Inthe healthinsurance, thereare two well-known kinds ofinsurance, medical loss insuranceandlife insurance. Basedonitsfounding, thehealth insurance can be divided into optional/commercial health insurance and mandatory/social health insur ance. Thecommercial healthinsurance is managedbyprivate institutions based on a certain agreement,and itis aimedatgeneratingprofits. Meanwhile, thesocialhealthinsurance is managedbythegovernmentaccording to the persisting legislations, and it is not aimed at generating profit but fulfilling the humans basic needs.The social health insurance is managedby the government inan attempt to protect the health of the community so as to realize the governments objectives and to fulfill its obligation to create prosperous citizens or at least to improve the basic health services, which are still felt less maximal.

KEBEBASAN HAKIM DALAM MEMUTUSKAN PERKARA PERDATA Dl PENGADILAN NEGERI

Riyanto, Benny

YUSTISIA Vol 74 (2008)
Publisher : YUSTISIA

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Abstract

777/s study is aimed to explain the freedom ofjudges todecide legal cases. The importance of the study is basedon not only the fact of the existence of different decision on similar case, but also the difficulty ofexplaining in anapproach which constitutes the character ofcivil law system. Relation that, the legal issuesof this study areas follows: how is the design ofjudges freedom and its reality at deciding private case concerning substantive law orlegalprocedure in Indonesia? How dojudges make the law as implementing ofjudges freedom? Basedonthese issues, this study use doctrinal andnondoctrinal re search method. This studyfind out that judges freedom is anomalous. Ifs mean that the anomaly can not be ex plained relating tocivil  lawsystemparadigm. Actually, given wide judges freedom in Indonesia. Further more, ithappenedshift from "collective freedom" to"personalorindividual freedom" formaking a decisionrelating tobe transplanted dissenting opinion principle  isnotparallel with Indonesia legalorder. It is difficult toimplement thedissenting opinion as the basis ofjudges decision, in spiteof lackof conceptual under standing, legaltheories orreference to explore the different opinion. In relation to take decision, judgesmayto make the lawthan justlegal finding. It is actually  uncommon in civil lawsystem. Unfortunately, space for law making is not followed byprofesional capacity. Therefore, it is ironical thing relating to "anomalyfreedom."

KEBIJAKAN HUKUM PIDANA DALAM MENANGGULANGI MASALAH TINDAK PIDANA LINGKUNGAN HIDUP Dl INDONESIA

Hartiwiningsih, Hartiwiningsih

YUSTISIA Vol 74 (2008)
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Abstract

In general, thecondition ofpenallaw enforcementonenvironmental cases hasnotbeenexpectedbymany people. Various cases of environmental penal law have beenincreased andleading toorganized transnational crimes. The driving factors include policies government undermine toenvironmental aspect weakpenallaw enforcement, inappropriatepunishmentgiven andimplemented, differentperception among lawenforcement institutions, low environmental awareness amongprivate sectors, the lawenforcement institution wasnotneutral, anddeficiency in formulatingpenalacts, penalsanctions andpenalresponsibilities ongeneral environmentallawandsectoralenvironmentallaw. Lawrequired The results ofthis research follows. Atnational leveloutof 127companies involved in bussinessperformance rating (PROPER), there arefound 46 black-listed companies, 51 blue-listed companies, 22 red-listed companies, 8 green-listedcompanies andnone gold listed. At regional level, out of55 cases ofenvironmental penal conducts, 48 cases have been dealt with Alternative Dispute Resolution (ADR). 25 cases have been settledalthough there aresome deficiencies, 1 civil case and6 penalcases havebeen dealt with the verdict. Atnationallevel, there are 117cases; 33 of which arepenal cases, 7penal cases have been dealt with verdict, 87 cases have been dealtwith Alternative Dispute Resolution (ADR), 21 cases can be dealtbutthere are somedeficiencies thatsomeagreements which have not been fulfilled bythe disputing parties. Sixcaseshave beendealt through administrative law without verdict. There are 3 civil cases with noverdict. These facts indicate that the environmental law enforcements through penal law have not been optimum. At application stage, there are other forces beyond the penal law itself influencing the proceeds ofthe penallawenforcement. The formulations on environmental penallawhave notbeen supported environmental penal enforcement due to deficiencies of formuiation ofpenal conduct, penal punishment, and subject responsible forpenal conduct, which are contained in orbeyond General  EnvironmentalLawandSectoral Environmental Law. In line with ius constituendum, theenvironmentalpenal lawas stated  ingeneralenvi ronmentallaw andsectoral environmental to reformulateimmediately.

KONTRIBUSI HUKUM TERHADAP PERKEMBANGAN WARALABA Dl INDONESIA

ImanuIIah, Moch Najib

YUSTISIA Vol 74 (2008)
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Abstract

77?e objectives of this research are explore and discribethe roleand contribution oflaw to franchise development. Toachive this objectives researcher conduct empirical legal research. Primary data col lectedby structuredinterview, andsecondarydata collected by content identification. Data analysis using editing analysis style (textual analysis ). The resultofthisresearch showedthatthe lawhave significantcontribution to franchise development on legality and bonafidityforeign franchisorand protectsmall and andmedium business as franchisee by determine time of franchise contract, content of franchise contract, disclosure of franchise prospectus, franchise regristation facilities, and support small and medium business joint the intemational franchise expo. The impact of this research, the goverment created a franchise act.

KONTRIBUSI KRIMINOLOGI UNTUK AHLI HUKUM PIDANA DALAM MEMBERIKAN LEGAL OPINION DAN KETERANGAN AHLI TERHADAP PENANGANAN PERKARA PIDANA

Ginting, Rehnalemken

YUSTISIA Vol 74 (2008)
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Abstract

Anycorruption casesfound in Indonesia need to behandledseriouslyby those who uphold the law, in this case: police, attorney, andjudicialaffairs. Forsolong, the handlings ofthe corruption cases tend togo far beyond the justice that finally the society lose their trust to those agencies. In order to anticipate that situation and condition, the experts explanations are needed to look atthe corruption cases scientifically. The experts explanations are usuallyrelated to constitutional lawandcriminal law, while some otherexperts explanations are the experts explanations from the people who work in BPKandBPKP to see whether or not there is a detrimentIn general, the explanation from the constitutional law expert isneeded to see that the misuse ofthe authorityisacriminalact, while the explanation from the criminallaw expertisneeded to define whether the corruption is consideredas a criminal act ornot. Furthermore, to deepen andbroaden the analysis that isdone bythe criminal law expert, criminology is needed. Thus, a certain corruption case is then analyzed not only basedoncriminology study and but also criminal law study. The method that was used to conduct this research was doctrinal research, which wasalso basedon  sociologyandanalyzeddescriptively. Basedon theresult oftheresearch, itcouldbe concluded thata criminal lawexpert, ingiving legal opinions and any experts explanations,  shouldbeable convince that the corruption isa criminal act. Theusing ofcriminology as the auxiliary studies ofcriminal law would help the expert to present a scientific analysis towardthe corruption case.

KORPORASI DALAM KEJAHATAN EKONOMI DIERAGLOBALISASI

Budyatmojo, Winarno

YUSTISIA Vol 74 (2008)
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Abstract

Globalization besides giving utilites forman kind life also araising negative side effectsuch as crime globalization  andtheincreaseofcrime qualityandquantity, justlike economycrime as wellas corporation crime. Implementation ofpenalsanction is very urgent infacing economic crime as ifs able to constraint nations developmentprogram.

OPERASIONALISASI PERUNDANG-UNDANGAN PIDANA DALAM PENANGGULANGAN T1NDAK PIDANA KORUPSI

Supanto, Supanto

YUSTISIA Vol 74 (2008)
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Abstract

Thegrowthof corruption offence have damaged, relating to all of the life aspects (economy, politic, socialand culture), and become systematicallyin institutionals, such asyudicative, executive, and legisla tive. TheCorruption risingis a partofpoliticalpoweroperation in"Orde Baru"regime,butalso thatcontinue in the regime authorities after the reformation era. In connected with this situation, law functions are weakedfacing the power, so as prevention of crimeinstrument, the law (criminal law)have limitation. This is manifested in legislation concerning corruption offence (the LawNo. 31 of 1999jo the Law No. 20 of2001), belonging substance in relevance with socialchange demand, relatingto formally the offence formu lation, the law subject, special minimum penal sanction threatened, gravititation, as prioritycase, tool of provingconformingtechnology development, and participation of social members in corruption eradica tion. In context corruption eradication policy by criminal law instrumentmust be integrated with another instruments,such as effortIndeveloping of government checkand balance mechanism, empowering civilsociety, and another democratizationefforts.

PENYALAHGUNAAN KEUANGAN BADAN USAHA MILIK NEGARA: ANTARA PELANGGARAN HUKUM PERUSAHAAN DAN UU ANTIKORUPSI

Pradjonggo, Tjandra Srldjaja

YUSTISIA Vol 74 (2008)
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Abstract

Statesproperty is placed as capital inBUMNinrelation toitsstatus,as state finance ornotcause a difference in view. Guidance of Supreme Court aboutit has turned up a controversy, especially in the relation to: itis able ordisable toapllytheAnticorruption Actiftheirregularity ofBUMNfinance is happen. According to the case, the problem is proposed in this study covering of two case: (1) Is the usingof finance managedby BUMN bentdown to the rule about states finance or itis bentdown to the rule of businesspurely? Istheirregularity offinance managedbyBUMNcanbe categorized as criminal action of corruption?Bytheapproach oflegislation  actandconceptualcanbeexplained thatmanagementofstatesproperty is placed as capital in BUMN is bent down to the rule ofbusiness. Concerning toirregularity the finance ofBUMN sistimatlcally, contradiction is turn upbetween UU PTandUU BUMN at one side and Anticorruption act at other side.

PERLINDUNGAN HUKUM BAGI PENGUNGSI PEREMPUAN DALAM INSTRUMEN HUKUM PENGUNGSI INTERNASIONAL (INTERNATIONAL REFUGEE LAW)

Kusumawati, Erna Dyahi

YUSTISIA Vol 74 (2008)
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Abstract

Refugee, basically, is a person wholeaves his/herhabitual  residence or country because of a wellfounded fear of persecution threatening him/her. Women refugees often receive sexual violence when doing longtrip toa safe destination. This research isa literature studywhich contains definition ofrefugeeandits legal instruments, andalso woman refugeeinhuman rights perspective. This normative research gets data taken from secondaryresources. Analysis way, used in this research, is a deductive method which is ongroundofbasic principles thentheresearcherinvites theresearchobjectas a data. Theresultof thisresearch is thatprotection of women refugees couldbe categorizedas preventive and repressive protection. Assumup, theprotection, grantedtowomen refugees, should involve women refugeesherself in planning and implementing aid programs, andalso understanding that patriarchal cultures mustbeerased toreach fairlyprotectionforwomenrefugees.

STUDI PEREKAT SOSIAL PADA ETNIK BERPOTENSI KONFLIK SEBAGAI UPAYA MENCIPTAKAN KEHARMONISAN LINGKUNGAN SOSIAL-BUDAYA MELALUI PENDEKATAN SOCIAL CAPITAL DI KAMPUNG BALONG, KOTA SURAKARTA (Studi Kasus Etnis Cina-Jawa)

Wiwoho, Jamal

YUSTISIA Vol 74 (2008)
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Abstract

Theproblemstatements ofthe research are as follows: (1) Howare the history, process, and develop mentofthe Chinese ethnic who resides withthe local ethnic in the residential area ofBalong, Surakarta?; (2)Howfarare the conflictpotentials toemerge, and whatconflicts alreadyhappened there?;and (3) What factors cause the conflicts? Thesubjects of the research are the Chinese Ethnicand Javanese ethnic residing in the residen tialarea ofBalong, Surakarta City. Theresearch useda qualitative descriptiveapproach. Itsdata sources wereinformants, placesand events, anddocuments/archives. The dataweregatheredbyusing: (1)ques tionnaire, (2) in-depth interview, (3) participatory observation, (4) content analysis, and (5) Focus Group Discussion. Itssamples weretaken byusingproportional stratified, purposive, andsnowballsamplings. In order toobtain highly-valid data, theywerevalidated byusingrecheckandpeer debriefing triangulations. Theywerethen analyzedbyusinganinteractive analysis comprising fouranalysisstages: (1)datagathering, (2) datareduction, (3) datadisplay, and(4) dataverification/conclusion. Based on the results of the analysis, conclusions are made as follows: (1) the economic andpoliticalpressuresinthePeopleRepublic ofChina forced theChinesepeopletoleave for South-EastAsia including Indonesia tomaketheir wayinlife. The increasing number of Chinese peopleinSurakarta and their increasing participation in economy made Pakubuwono IV, the King of Surakarta (1788 - 1820)choose and decide a location fortheirsettlement, thatis, Balong. (2) The conflictsbetween the Chinese ethnicand theJavanese ethnictookplace in 1980and 1998. Thescope of the former is small,butitbrings aboutlarge trauma to the Chinese. Meanwhile, thescope of the latter is big, butitonlycauses a small trauma tothem as therehas been a goodandan intimate relationship betweentheChineseethnic andthe Javaneseethnic. (3) The factors that causedtheconflicts were: (a)socialfactor, theChinese ethnic often tends tolive in a group andhas few social interactions with other ethnics; (b) cultural factor, the Chineseethnic who comes to Indonesia brings their own cultures, custom, andtraditions, which are derived from Confucianism and Buddha; these allegedly less appreciate the localcultures; and (c) economic factor, most of the Chinese work in the field of trading, andeconomically theyare strongerthan the local ethnic. Thismakes economicjealousy to the local ethnic.