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Articles by issue : Vol 77 (2009)
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AKURASI TIMBANGAN Dl PASAR TRADISIONAL DALAM RANGKA PERLINDUNGAN KONSUMEN

Sumiyati, Yeti

YUSTISIA Vol 77 (2009)
Publisher : YUSTISIA

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Abstract

This research will examined howthe accuracy of non automatic schale equipment in traditional market is standardizedandhowcontrol mechanism apply toensure its traceability thatperformedbythe government authorities.This research uses yuridical normative method. The research approach through science jurispru dence which involvedthe regulation relatedto standardization and verification scale weighingand mea surement equipment for costumerinterests.The Government maintains the standardization and accuracy of scale equipmentin traditional market held through control mechanism heldannually bymarking, re marked orstamped, andrejectthe error marked, comply to the internationalmetrology standard. This research demonstrate that control mechanism shall continuously implemented andexercised a betterpromotion to the trader society.

KEWENANGAN PENGADILAN MENYELESAIKAN PERKARA KEPAILITAN: Suatu Kajian Perbandingan di Indonesia dan Malaysia

Wijayanta, Tata

YUSTISIA Vol 77 (2009)
Publisher : YUSTISIA

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Abstract

The research aim toanalyse and compare the authority ofthe court tosettle bankruptcy cases in the judicial system in the two countries. The research ofThe Authority ofThe Courts to Settle Bankruptcy Disputes: a comparative analysis ofthe position in Indonesia and Malaysia is a qualitative research The data is obtained from library research in Indonesia and Malaysia The result demontrates the Malaysian judicial system has nospecial courts tosettle bankruptcy disputes. Bankruptcy disputes are within the authority the high court in which there is a special department that examines and settles bankruptcy disputes. In Malaysia, the high court hasbeen formed in every states. Moreover, in a state with a large territory, there are two high courts, as consequence, there are twenty one high courts in Malaysia. In Indonesia, on theotherhand, theauthority tosettlebankruptcy disputes in within specialcourt calledthecommercial court. The last court is formed within thw district court. Although everydistrict orcity has its own districtcourt, up to now there are only five commercialcourts.

REFORMASI KETATANEGARAAN INDONESIA: Kebutuhan Pembenahan Lanjutan

Indrayana, Denny

YUSTISIA Vol 77 (2009)
Publisher : YUSTISIA

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Abstract

Indonesian constitutional reform in 1999 - 2002 has transformed the 1945 Constitution into a much betterdocument, especially when we compare the reformed Constitution with its original version. Theconceptsofconstitutional democracy, rule oflawandseparation ofpowersarebetter adopted. Theamended Constitution remains, however, far from perfect This paperrecommends further amendments tostrengthen the system of checks and balances, particularly within the three branches: executive, legislative andjudiciary. The paper submits someproposals ofconstitutional reform, whyitshouldbeadopted andhowit should be carried out.

TANGGUNG JAWAB PRODUK DALAM TRANSAKSI KONSUMEN Dl DUNIA MAYA

Barkatullah, Abdul Halim

YUSTISIA Vol 77 (2009)
Publisher : YUSTISIA

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Abstract

Productliability is a form of civillaw given by producersupon financial loss faced by consumers as the result of using products whichare made orproduced by the producers. Thepresumption of liabilityprinciple is the principle thatis practicedby UUPK. Productliabilityprinciple whichfollows the strictliability principle is important because it gives protection to consumers who are in weak position especially in transactions. Applying strict liability principleine-commerce transactions can give law protection for consumers in these transactions.

TANGGUNG JAWAB SOSIAL DAN LINGKUNGAN (CORPORATE SOCIAL AND ENVIRONMENT RESPONSIBILITIES) DALAM PERSPEKTIF HUKUM PERUSAHAAN

Sembiring, Sentosa

YUSTISIA Vol 77 (2009)
Publisher : YUSTISIA

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Abstract

Corporate SocialResponsibility (CSR) is oneofthe main issues when wetalk thecompanylaw. This issues isnotonlydiscussedbyscholars but alsobusinessmen, nongoverment organization andgovermentofficials. It was understood, why they talk about CSR. Basedonfact finding a numberofcompanies did not care about thesodial impact tolocal community andtheenviroment damage when thecompanies doing activities. Sincecompanies haveoperated, mostpeople livedaround thecompany havegotmanydificulties intheir life. According tocompanyact, inorder toharmonize society andenviroment with thecompany, the companyhave to do its obligation, namelyCorporate Social Responsibility.

UPAYA PENANGGULANGAN TERHADAP RECIDIVE DENGAN PELAKU ANAK Dl WILAYAH HUKUM PENGADILAN NEGERI KABUPATEN MALANG

Subarkah, Ibnu

YUSTISIA Vol 77 (2009)
Publisher : YUSTISIA

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Abstract

The objective of this research is toget a discription of thepunishment applied toa child recidivist based on the protection andprevention. The method employed is ajuridical sociological approach, where theprimary data serve as themain data, andthe secondary as complementary data andtherespondent werethejudgesoftheCourt ofFirst Instance Malang, CommunityEmpowermentAgencyMalangregency, the child recidivist, and the Head of Child Prison in Blitar, East Java. The results ofthe research showed that inpractice, thepunishment given bythejudgestochild offenders as therecidivist wereinjailandthis kind of punishment is traditionally inherited from theDutch colonialism, andthepunishment wereheavy (called as penalprevention). And efforts were notmadetounderstand thenature of crimes madebychildrecidivistsduring the examination, trialand decisionprocess. Itis notinline with the concept in the criminal law that such trials should contain the treatment of offenders and treatment of society. As a result, it is necessary to make a cross-sectoral cooperationshould be made in orderto minimizechildoffenders and to have a politicalproductconcerning with the penal reform.

KEKUATAN HUKUM REKAM MEDIK SEBAGAIALAT BUKTI Dl PENGADILAN

Saida Flora, Henny

YUSTISIA Vol 77 (2009)
Publisher : YUSTISIA

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Abstract

Medical record represent the chronological note about help, treatment, medication ofapatient during getting health service athome pain. This medical record made byasanroutine procedure oforganizerof hospital activity. This medical record also as written evidence for all service action, diseasegrowth and medication of during patient pay a visit andtaken careof ill at home. As a means of evidence, medical record represent a document which its contents can bestudied and considered byas in put forjudge in course ofdecision making.

PENYELENGGARAAN PERIZINAN MELALUI SISTEM PELAYANAN TERPADU SATU PINTU (ONE STOP SERVICE) DALAM RANGKA MENINGKATKAN INVESTASI (STUDI Dl KOTA SURAKARTA)

Rahayu Lestari, Sri

YUSTISIA Vol 77 (2009)
Publisher : YUSTISIA

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Abstract

The aims ofthis research are to know the implementation managementofpermit through one stop service (OSS), evaluating efficacy ofmanagement ofpermit through one stopservice(OSS) in order to improving investment, and know the constraint faced in implementation ofpermitmanagement through one stop service (OSS) in orderto improving investmentinSurakarta This research type is empiricalyuridical with descriptive evaluative, byapproach qualitative. The dataare primary data and secondary data law. Secondary data consist ofprimary, secondary, and tertiarylaw materials. Respondent are official functionary handle service ofinwroughtpermit, and applicant ofinvest ment permit. Determination ofrespondent ispurposive sampling. Data are collected by document studyand interview. The method ofanalyze isqualitative with theoretical interpretation technique that isinterpretation based on norm orregulation andtheory tois later, then pulled conclusion. The resultofresearch, showedthat the managementofservice ofinwrought permit one door (one stopservice of OSS) in Town of Surakarta started by 7 December 2005, but its execution not yet settled because Inwrought Unit Service of Town (UPT) as technical institution of executor not yet entered in Organization Chart andAdministration Peripheral ofArea, anditsonly arranged based on decision and regulation ofexecutive. District Regulation Number6,2008 about Organization andAdministration Periph eralOfArea Town ofSurakarta, have given steadierlegal fundament, and UPTas organizer ofpermit have been improved to become Office Service ofInwrought Permit (KPPT). Applying ofonestop service havesucceeded to improve investment value which enough significant that is equal to 32,70%/year, much higher from a period of previously. The constraint in management of OSSare institute regulation, co ordinate observation and construction, public equipment and information technology, quality of humanresources, and awareness ofthe society.

PENYELESAIAN SENGKETA BISNIS Dl LUAR PENGADILAN ANTARWARGA SESAMA ETNIS (STUDI KASUS Dl PULAU SUMBAWA)

Abdullah, Idrus

YUSTISIA Vol 77 (2009)
Publisher : YUSTISIA

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Abstract

Research "Outside Business SettlementCourt" is focused on disputes between ethnic fellowciti zens, amongcitizens Sumbawa (among citizens Samawa). andamong citizens Bima (between citizens Mbojo), inordertoknow thelegalrules of what usedtoresolve the dispute, theprocedures followed andthefactors that influence the settlement of disputes outside the courts. Within the framework of this under standing, theoritical foundation thatwillbe usedamongothers, referto thetheory of "LegalPluralism"from Griffiths (1986), inaddition tothe"Legal System"from Friedman (1960). LegalPluralism is theconceptputforward that thelegalpluralism ina situation theparties in dispute haveaccess toa numberof legalrules as a basis for action. All datais processed according tothelawsofcommon methodological inqualitative research. Evaluation andanalysis of data, took placesimultaneously as a continuous process andcycle interactive. Theendresultofdataanalysis, theconclusions thatprovide thefullpicture of thefactsinterelation researchfindings with theauthorconsep teoritic handle. From thisresearch, amongotherresultsobtained show that theparties indispute tendschoose localmechanisms of traditions, customs toend thedispute over the business.