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Articles by issue : Vol 75 (2008)
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Articles
ADVOKAT SEBAGAI PENEGAK HUKUM DALAM PROSES PERSIDANGAN DI PENGADILAN

Saida Flora, Henny

YUSTISIA Vol 75 (2008)
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Abstract

Advocate represent one ofelementsystem ofjudicature in executing the straightening oflaw, having freedom and independence, and on an equal with the other law enforcer (judge, attorney, and police).Freedom and advocate independence means that advocate free run the duty and its obligation without existence ofintervention  andintimidate from otherparty. Free advocate release the opinion andin advocat ing case hold responsible in court fixed hold on to the code ethic ofprofession andlawand regulation.

ANALISIS SISTEM HUKUM JAMINAN HAK ATAS TANAH DALAM UNDANG-UNDANG NOMOR 4 TAHUN 1996 TENTANG HAK TANGGUNGAN ATAS TANAH

Mintorowati, Endang

YUSTISIA Vol 75 (2008)
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Abstract

Tha aim of the research is to find out whether or not the Legal System of Land Right Security has been included in Law Number 4,theYear of1996 regarding Land Security Right. This isnormative oradoctrinal study for law is conceptualized as positive norms in the National legal structure. Due to its form, this studybelongs to an evaluative research. The locations of the research were at several libraries. Data of the research were secondary ones in the law field. The data consisted of primary, secondary, and tertiary legal materials. The data were gathered through alibrary research. The data were analyzed by using adeductive logic method. Based onthe analysis, a conclusion isdrawn as follows: TheActnumber 4 of 1996 consist of general and specific component. The general component are include basic principles oh Pancasila, constitutional principles on Indonesian Constitutional of 1945, political principles dnd land policy from Act number 5of1960. Furthermore, thespecific component isnot consist ofdiscrimination between Indonesianand foreign citizen as isregulatedon articles 33paragraph (3) Indonesian constitutional of1945. TheAct on right of guarantee removed hypotheek and credietverband was regulated on article 29. General and specific component related to another and it was law system of land guarantee that give legal certainty and safety a creditor to get paying off. Beside that, the act on rights of guarantee also to protect debitor because debitor ishavenotauthority to get property of guarantee objects.

HARMONISASI DAN SINKRONISASI HUKUM NASIONAL DALAM MENYIKAPI ERA GLOBALISASI

Suhardin, Yohanes

YUSTISIA Vol 75 (2008)
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Abstract

In globalization era the national law haveto beside be pregnant with local characteristic itis as if national ideology, humans condition, nature andnation custom, also mustbepregnantinternational trendshadbeen recognizedbythe world. The nationallawin that to watch overharmony, balance, andbe compat ible among social morality, institutional and civil morality that basedbyactual values civilized in the soci ety, national andintemational.

IMPLEMENTASI KEBIJAKAN DEWAN PERWAKILAN RAKYAT DAERAH (DPRD) DALAM PELAKSANAAN FUNGSI PENGAWASAN MELALUI HAKINTERPELASI

Suranto, Suranto

YUSTISIA Vol 75 (2008)
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Abstract

The aim the research isto find out the implementation ofinterpellation rights bythe Regional Legisla tive Council ofKaranganyar Regency This isa non-doctrinal research with a qualitative approach. Data of the research includeprimary data which were gathered from interview with the heads of factions in the Regional Legislative Council ofKaranganyar regencyandsecondary data which were obtainedfrom library research. The data were qualitative analyzed with an interactive analysis model. Basedon the result of(fie analysis, aconclusion is drawn asfollows: the interpellation rights have been  implementedby the Regional Legislative Council ofKaranganyar regency according to Clauses 5 (1), Clause 6, and Clause 7 ofthe Decree ofthe Regional Legislative Council  ofKaranganyarregency No. 188.4/12/2004 regarding Regulations and Orders ofRegional Legislative Council ofKaranganyar regency. There are three important rea sons which caused the Regional Legislative Council ofKaranganyarregency to Implement its interpellation rights, namely: the project ofobligatoryhand outprovision for ElementarySchools andMadrasah Ibtidaivah (Islamic Elementary Schools), the appointment ofTask Implementing Officers ofDPU/LLAJ, who were give afull authorityas given to definitive officers, and the establishment ofInvestment Development Body headed by Ir. Tony Haryono (the husband ofthe ruling Regent ofKaranganyar regency). Afteralong and tight debate process during the Plenary Session of the Regional Legislative Council of Karanganyar regency the explanations give by the Regent were accepted by the five factions in the Legislative Council of Karanganyarregency. During the implementation ofinterpellation rights, some barriers internallyandexter nallyalso persisted. From the result offinding in fieldsuggested that to be improvedbyharmonious relationamong &e ruling Regent with DPRD ofKaranganyar regency

KOMITMEN BADAN PENGAWAS OBAT DAN MAKANAN (BPOM) DALAM PERLINDUNGAN KONSUMEN ATAS KEAMANAN PANGAN DARI BAHAYA FORMALIN DAN BAHAN BERBAHAYA LAIN Dl INDONESIA

Cahyaningsih, Diana Tantri

YUSTISIA Vol 75 (2008)
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Abstract

The aim ofthis research are to reveal role ofBadan Pengawas Obat dan Makanan (calledBPOM) in control offoods security in Indonesia and its obstacles. As a legal research the study choosen empirical approach in which focused to primary resources and supported by secondary materials. Result of thisresearch showedthat lawarrangements in Indonesia regardingprotection consumerexpeciallyinterrelated foods protection from dangerous substances have to arrange by complete rules. BPOM have strongly commitment to protect comsumers but its activity would beeffective ifthere are not strongly coordination with others instances forprotection foods from dangerous substances. Generally, the obstacles ofBPOMto protect foods consumerare lack offund allocation, human resources, awareness of societyandlack of optimally coordination BPOM andothers instances which interrelated.

LEGAL SERVICE FEE PENASEHAT HUKUM TERDAKWA MONEY LAUNDERING DALAM SINKRONISASI UU ADVOKAT DAN UU TINDAK PIDANA PENCUCIAN UANG

Rustamaji, Muhammad

YUSTISIA Vol 75 (2008)
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Abstract

Legal service fee asareward to the given by law service aadvocate in the realitybecome acompli catedstudyarea punish when relating to moneylaundering crimes, analyse in crime sectorexpectedto give important information hit how ought to be legal service fee in the perspective oflaw when impinging withmoney laundering law. Tread onperpective rule ofcriminal law, is onecan hit bycrime sanction as law subject to the aregulation ofinvitation constituted with unwritten norm "no crime without fault". Elementary this barbed sliverablyresponsibility someone to the deed which have done of. On that accountwhen solution concerning advocate accepting islegalservice fee to the law service which hegive to client which is doing an injustice defendant wash ofmoney, must also be tested and studied to use parameter of existence ofmistake (liabilitybasedon fault) andabilityofresponsibility (criminal responsibility). Basedonboth oftest indicator can be known that, the result of research yield conclusion ofadvocate accepting is legalservice feedonot including lawsubject (adresat) ofmoneylaundering law.

MAKNA RITUAL DALAM TRANSAKSI TANAH MENURUT HUKUM ADAT OSING

Rato, Dominikus

YUSTISIA Vol 75 (2008)
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Abstract

The goalofthis studyis tounderstand the meaning ofritual in theland transaction in theAdatLaw of Osing society. What the meaning ofritual in the land transaction in the Adat Lawof Osing society? By emic eticapproach andinterpretative analysis this studyfound that the ritual oftheland transaction in the Adat LawofOsing society havethree meaning. One ofthem is legal meaning. The legal meaning of the ritual at the land transaction in the Adat Law of Osing society is asatool for socialization that the rights ofland wastransactioned. So, anybody who want tobuythe land, theyknew that theland wastransactioned. So the study hope that anyone rightously to understand the meaning ofritual in the adat law in asociety.

PELAKSANAAN HARMONISASI PERUNDANG-UNDANGAN NASIONAL Dl BIDANG PERDAGANGAN DENGAN KESEPAKATAN TINGKAT ASEAN MENUJU ASEAN ECONOMIC COMMUNITY

Latifah, Emmy

YUSTISIA Vol 75 (2008)
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Abstract

The objectives ofthis research aretoknow what theIndonesian government havedonetocreatethe harmonization oflaw in trade toward the establisment ofthe ASEAN Economic Community and toknow whatthe obstacles are facedby the Indonesian government to achieve the harmonization of lawin trade toward theestablishment theASEAN Economic Community. The result ofthis research concludes that the endeavors ofthe Indonesian government tocreate the harmonization oflaw in trade are undertaken trough harmonizing the tariffnomenclature; harmonizing the most-favoured nation tariff andharmonizing custom procedures. The obstacles faced by the Indonesiangovernment to achieve the harmonization oflawin tradeare overlapping between the local rule and the national rule; high economic cost candecrease thecompetitiveness ofexport products, theweakness of network system andnational distribution, the decreasing ofinvestment andinfrastructure quality.

THE HARMONIZATION OF THE REGULATION OF ANIMAL AND HUMAN CLONING IN THE WORLD PATENT SYSTEM: A DEVELOPING COUNTRYS PERSPECTIVE

Suryo Utomo, Tomi

YUSTISIA Vol 75 (2008)
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Abstract

Since cloning was introduced to the public in the 1990s, the focus of discussion done byresearchers is whether animal and human cloning should be patentable. The response of WTO members on this question varies-some allow it, but mostprohibititon the basis of moralityandethical issues. Harmoniza tion is an appropriate solution to resolve the complexity and diversity of approaches to cloning. But inpractice, the harmonization movement more often fails than succeeds. Harmonization is often unrealistic or even Utopian. However, thispaper will argue thatharmonization is necessary. In doingso, it willcompare the content of patent laws inseveral countries, including the US, Canada, Japan, Europeand Indonesia. Finally, this paper concludes that harmonizing the world patent system for animal and human cloning requires not only consideration of legal issues, but also the social impact of harmonization on WTOmembers.

TINJAUAN TERHADAP UNDANG-UNDANG NOMOR 13 TAHUN 2008 TENTANG PENYELENGGARAAN IBADAH HAJI

Asrori S, M. Hudi

YUSTISIA Vol 75 (2008)
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Abstract

The regulation off Hajj Pilgrimage faces manyproblems resulting from the government policy in hajjpilgrimage management, including the rules ofthis system. This ispotential to bring several interests losses, therefore, the relevant issue to be addressediswhether the system ofhajjpilgrimage implementation gives protection to thepilgrims interest. The research belongs to normative research andaims to study oflaw. It orderto comprehend the reality which is both subjective and interpretative. It conducts qualitative analysis. The data reveal that the system ofhajj pilgrim implementation in Indonesia iscentralistic by the Department ofReligious Affrairs which holds dual functions as regulatorand operatoratthe same time.This system has been unable to protect the interests of Hajj pilgrim aseverything is determined by the Departementin one-sidedmanner. The Departement ofReligious Affrairs has anormative accountability