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Articles by issue : Vol 81 (2010)
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Nikah Siri Dalam Perspektif Hukum Pidana dan Kriminologi

Irawan, Benni

YUSTISIA Vol 81 (2010)
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Unregistered merriage become the talk of society after such act shall be governed by law and punishable. it also become This paper want unregistered marrige act from the perspective of criminal law and criminology

Kedudukan Perjanjian Kerja Terhadap Perjanjian Kerja Bersama Dalam Hubungan Kerja

bagus, Dede

YUSTISIA Vol 81 (2010)
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The Contract of employement has a strategic status in an employment relationship , but this is not the only one labour  agreement and employer regulations, This paper is aimed to discuss the contract of employment status to the collective labour agreement, The contract of employment relationship. The contract of employment is bound by collective labour agreement,. The contract of employment must consider collective labour agreement and if the contract of employment do not consider collective agreement and contrary, contract of employment is null and coid. The collective laour agreement has a higher law status than contract of employment.

Komplkesitas Peraturan Derah Bernuansa Syariat Perspektif Hukum Tata Negara

Indrayana, Denny

YUSTISIA Vol 81 (2010)
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The Adoption of sharia into Indonsia legal system has always been a controversial issue. Politically, the attemp to insert the shariah could be devided into three levels: constitution, national act and local act. The First attemp to adopt the shariah into the 1945 Constituition was rejected. The paper argues that the adoprion is actually in contradiction with the Constitution. Yet, as long as there is no Constitutional COurt or Supreme Courts decision, the acts are legally binding. In the future, the relation between Islam and State will always dynamic nation in Indonesia

Perluasan Kompetensi Absolut Peradilan Tata Usaha Negara Pasca Berlakunya Undang-Undang Nomor 14 Tahun 2008 Tentang Keterbukaan Informasi Publik

Kaharudin, Kaharudin

YUSTISIA Vol 81 (2010)
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The Transparence of public information in the Act Numer 14 Year 2008 concerning the Transperance of Public Information, has carried more chance in the order of statehood, mainly in relaion to the right to get public information, including the sustem of administration. DUe to this fact, the focus of this research study is the absolute competence of the Administration Court after Act Number 14 Year 2008 concerning the Transparance of Public information has binding into force, the existence of the information Commission in the system of dispute settlement of the Administration field arising from the public information dispute, and dispute settlement mechanism laid down the Act Number 14 Year 2008 concerning the Tranparence of Public InformationAs a normative legal research, this research study legal material whether primary, secondary as well as tertiary materials. This study is meaning at philosophical, theoretical and dogmatical level, wuth statue, conceptual and historical approaches. 

Peran Perempuan Dalam UU Perkawinan Nomor 1 Tahun 1974 Untuk Menciptakan Clean Governance

Prihatinah, Tri Lisiani

YUSTISIA Vol 81 (2010)
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A Clean Gorvernance has become a desirable process for almost all countries. In having the process, all stakeholders including women are needed to participate in this process. However, women role in Indonesia has already standardized in the Marriage Law Numer 1 Year 1974, in which they are focusing on their toles as housewives, although at the same time they are also allowed to involve in the public life. In regards to achieve Clean Governance which is indicated by less corruption rate, women roles are questioned due to their abilities  in public life. By applying literature review to answer this problem, it can be concluded that Clean Governance can be realized when women are participating in the public life, The arguments behing this conclusion are that normatively women have no economic responsibility over their families as a result they have more s[ace to dedicate their lives for human goodness. Besides, feminime traits tends to supports anythings as long as from destructive one including corruption. Therefore, there is no questioned to recommendate women for their publlic role as long as they are qualified to do so.

Analisa Faktor Penghambat Mediasi Dalam Sengketa Perdata di Pengadilan Negeri Surakarta

Kussunaryatun, Th.

YUSTISIA Vol 81 (2010)
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This research was conducted to assess the implementation of Supreme Court Regulation No. 1 of 2008 on Mediation Procedure in the District Court of Surakarta, and factors of barriers to the implementa tion of mediation, and the solution. This research is non doctrinal/social research that is descriptive. Data used mainly primary data, supported by secondary data. Determination of resource persons with purposive sampling. Data collection using interviews and literature study and analyzed by interactive model. Already implement the provisions in Perma No. 1 of 2008 on Mediation Procedure in District Court, in particular already provides ten mediators listed in mediator, despite the fact that the parties prefer to judge rather than a mediator mediators are not judges. The judges examiner case requires the parties to implement the mediation process, and the stages in the process of mediation has been conducted in accordance with the provisions of Article 13 through Article 20 Perma No. 1 / 2008. Barriers that arise in the mediation process, particularly come from the parties themselves, who maintain negative traits such as high self-esteem, feel the most right, will not budge at all, more content to accept the decision of the judge rather than accept the deed for peace. Barriers also arise from the lawyer as a power law, which is actually hinder its clients to conduct mediation. Limited the number of mediators Judge is also a barrier to mediation because the workload of judges other than as a case examiner both civil and criminal matters, also must act as a mediator. Third party consisting of relatives or friends of the parties sometimes also gives a negative effectso that mediation is not achieved. The solution of these constraints are by growing awareness of the benefits of the parties to achieve mediation with the direction, approach and motivation provided by the mediator, lawyer as its legal counsel or by a third party.  Need to increase the number of mediators and judges. The Supreme Court immediately assign a mediator of behavior guidelines and incentives for mediators judges. .Need intensive socialization of Perma No. 1 / 2008 to the parties involved in civil disputes and to the community.

Evaluasi Perjalanan Reformasi Kepolisian Republik Indonesia

Jamin, Mohammad

YUSTISIA Vol 81 (2010)
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The National Police of Republic of Indonesia, which is signed from military separation, has been managing more than a decade. It is time to evaluate the run of police reformation. In fact, according to structural, instrumental, and cultural of police reformation has not operated conforming to expectation. It is caused by symbolic and elementary reformation policies, whereas from cultural aspect (mind set and cultural set) has not acquired satisfactory section. The escalation of trust society which became strategic plan of National Police of Republic of Indonesia 2005-2010 still unrealized. The law enforcement of National Police of Republic of Indonesia is still disappointing, because its utilizes positivistic approach andless applies local wisdom approach. Therefore, it often injuries people’s justice. The character of National Police of Republic of Indonesia behaviors are not free from corruption. The National Police of Republic of Indonesia reformation as parts of penal judgment system requires the amendment of Act Number 1 of 1981regarding Penal Procedural Law and Act Number 2 of 2002 regarding Police in order to ad rem the enthusiasm of police reformation. The National Police of Republic of Indonesia reformation entails progressive policy to decamp from conservative outlook that has become a mainstream of police organization.

Legitimasi Nikah Siri Menurut Sistem Hukum Perkawinan di Indonesia

Pranoto, Pranoto

YUSTISIA Vol 81 (2010)
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Philosophically, marriage is the beginning for human being to develop their live  by forming a family that has the purpose to legalize the sexual intercourse actions between man and woman to get their happiness in life. In order to make that purpose achieved, so the nation should be involved in the process. Sirri marriage, illegal marriage (based on nation’s law) is a phenomenon of deviated marriage. By the doctrinal approach it is obtained that there is no base for the nation to legitimatesiri marriage and systemically it is not suit with the Marriage Act  No. 1 / 1974. To solve the controversy so there should be a solution for this. A marriage will be considered as legal if it is done based on the religion rules and it is noted; in the one chapter and one verse. For the need for that, it is need the adaptability of the contradictive chapter with those formula.

Evaluasi Terhadap Pelaksanaan Instruksi Presiden Nomor 9 Tahun 2000 Tentang Kebijakan Pegarusutamaan Gender Oleh Pemerintah Kota Surakarta

Firdausy, Adriani Grahani, Hartanto, Rima Vien Permata

YUSTISIA Vol 81 (2010)
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This research aim to (1) evaluate the implementation of Presidential Instruction Number 9 of 2000 on Gender Mainstreaming Policies by the Local Government Surakarta regarding planning, implementation, monitoring and evaluation, (2) reveals a variety of obstacles implementation of Presidential Instruction Number 9 of 2000 on gender mainstreaming in Surakarta. As a gender perspective study, the research usea sociological empirict approach and qualitative analysis. This research focuses on the key views: political commitment, structure/ institutional of gender mainstraiming, networks of cooperation, and human resources.The results of this study indicate that gender mainstreaming policies in Surakarta contains in a various programs implemented in various activities since the year 2003-2008. Women’s empowerment is directed to optimize the ability of women to achieve equality and gender justice, pursued through a policy of gender mainstreaming, and then poured in a variety of programs such as Development and Women’s Empowerment Program, Women’s Life Quality Improvement Program, Child and Adolescent Development Program, Institutional Strengthening of Women’s Empowerment Prgram. The implementation of Gender MainstreamingPolicies in Surakarta faces some obstacles, including jurisdictional, cultural, and institutional constraints.

Politik Hukum Peradilan Dalam Praktek Penyelesaian Sengketa

Yuherman, Yuherman

YUSTISIA Vol 81 (2010)
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Law has meaning in wide range of contexts, both written and unwritten. The written law is not merely the constitutions that were created by the house of representative as well as the Government (DPR), but also includes the written laws which were stated by the Court that is known as The Jurisprudence.Law is directed to regulate the human being in order to be well arranged. But frequently laws or constitutions were left behind and irrelevant with the current community development, uncompleted, and itsinterpretation are unclear or still debatable, even an unsynchronization between one regulation and the others is not rarely met, both vertically and horizontally. Meanwhile, the court can not refuse the proposed case to be handled; indeed the court’s role in the civil case accomplishment is irreplaceable.The law’s politic dimension of the arranger has its influence on the law development. The politic of law that the Court took place must be directed to achieve the aim of the law, by considering the values of Pancasila as the law resource or the prosecution principles in The Law State of Indonesia.