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Articles by issue : Vol 82 (2011)
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IMPLEMENTASI SINGLE PRESENCE POLICY (SPP) BAGI DUNIA PERBANKANDALAM PERSPEKTIF UNDANG UNDANG NOMOR TAHUN 2007 TENTANG

Pujiyono, Pujiyono

YUSTISIA Vol 82 (2011)
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Abstract

The objectives ofthis research are to know the implementation ofSingle Presence Policy for Bankingin the Law number 40* of2007 concerning Umited Company (The Law ofLimited Company) perspectiveand to know the supporting and resisting factors in implementation of Single Presence Policy for Bankingin The LawofLimited Companyperspective.The data consist ofprimary and secondary data. The primary data is collected by interview. Thesecondary data is collected by documentary research. Bank Indonesia region ofSurakarta is chosenbecause its rule as supervisor and builder public bank asspecially atSurakarta region.The result of this research shows that the implementation ofsingle presence policy iscausing: inquietableat state banking with tree options are offered by government, labourproblems and the problem about legalownerand beneciaryowner. The supporting factorin the implementation ofSingle Presence Policy for worldbanking in The Law ofLimited Company perspective are: It as media to increase the competitive ratio ofGovernment Bank and it as a tool to gives limitation the domination ofprivate bank by foreign owner. Theresisting factors in implementation of Single Presence Policy for world banking in The Law of LimitedCompany perspective are: The law problems, the collision of the Single Presence Policy and the RUPSsystem in The Law of Limited Company about Single Presence Policy, The accomplishment ofminimumcore capital, The insiding ofPBI no 8/16/PBI/2006 about Single Ownership ofIndonesian Banking toMinority Shareholders, and the difficult ofapplying holding company at Government bank.

REFORMULASI PENGUATAN MAJELIS PERMUSYAWARATAN (MPR) DALAM PROSES IMPEACHMENT PRESIDEN Dl INDONESIA

Mulyanto, Mulyanto

YUSTISIA Vol 82 (2011)
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The purpose of this research is to arrange the model of Peoples Consultative Assemblys rolestrengthening formulation in the impeachmentprocess ofPresidentA/ice-president in the Indonesian StateStructure System. The model is based on the findings of a comprehensive comparative-study with anevaluative prescriptive approach.The research used an empirical research method with a qualitative approach. The research wasconducted for one year. The data consist ofprimary and secondary. The data is collected by in-depthinterview, questionnaire, focus discussion group, and library research.The results ofthe research show that the mechanisms ofthe impeachment of president/vice-presidentin the history of Indonesias formerly prevailing constitutions have differences. The model of PeoplesConsultative Assemblys role strengthening formulation in the impeachment process ofPresidentA/ice-president is manifested in the reformulation of the impeachment substances by improving theconceptualization ofPeoples Consultative Assembly as an administrative continuation institution. In addition,in term ofimpeachment procedure, the minimum quorum limit should be changed so that to conduct animpeachment of PresidentA/ice-president is not more difficult than to conduct an amendment ofthe 1945 Constitution.

PERAN BANK INDONESIA DALAM MENANGGULANGI TINDAK PIDANA MONEY LAUNDERING

Setiyanto, Budi

YUSTISIA Vol 82 (2011)
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The objective ofthis research is to find out Bank ofIndonesias role and barrier in order to handlemoney laundering. This research which located in Bank ofIndonesia branch Solo was included into empirical research with qualitative descriptive. The data used primary and secondary data with qualitative analysis. The research shows that Bank ofIndonesias role and barrier in order tohandle money laundering hasissueda Circular Letter of Bank ofIndonesia. Bank ofIndonesia branch Soloregularly every three monthsor accepting reports in such condition ordirect investigation toward commercial banks in orderto convincemat those banks fulfill the Regulation ofthe Prevention ofFinanced Terrorism andAnti Money LaunderingProgram. It also to accomplish The Code of Know Your Customer Standard. According to above, Bank ofIndonesia often encounters constraints caused by limited expertise.

PENGARUH KOMPETENSI DAN KOMITMEN PENYIDIK TERHADAP PENYELESAIAN KOMPLAIN KELUARGA/KORBANDALAM PENANGANAN PERKARA OLEH ANGGOTA RESKRIM POLRESLAMPUNG UTARA

Wantoro, Agus

YUSTISIA Vol 82 (2011)
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The objective ofthis research is to know the influence of the investigator commitment and competence in by family or victim complaint resolution in handling cases in Reskrim Polres Lampung Utara Theresearch used quantitative method with dependent variable (complaint resolution),and independent variable (competence and commitment). The data is primary data. Sampling techniques is purposivesampling. The questionnaire In collecting data is analyzed using SPSS (Statistical package for SocialScience) version 17.0. The result shows that competence and commitment variables significantly affecttoward complaint resolution variable. Both ofcompetence and commitment ofan investigator or an assistant investigator have a significant relationship with the settlement of complaints. Competence has astrong enough influence with the resolution ofcomplaints while the family has committed a weak influenceon the family settlement ofcomplaints/victims. Research findings indicate that the resolution of victimcomplaints will begood ifthe competence and commitment ofinvestigators increased.

PENGAWASAN TERHADAP SYARAT UMUM DAN KHUSUS DALAM PELAKSANAAN PIDANA BERSYARAT

Budi Utami, Niken Subekti

YUSTISIA Vol 82 (2011)
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Abstract

The Purpose if this study is to investigate the implementation if the supervision if general and specific requirements by the supervisory officerThuis research is conduted by library research to obtain secondary data and field research to obtain primary data. Sampling techniques is purposive sampling. The pimary data is collected by interviewing jufges in distric court, presecutors in district attomey, and officers in Yogyakarta penitentiary. The Secondary data is collected by literature study. The data is analyzed by qualitative descriptive.The result shows that the implementation of the supervision of general and specific requirements is conducted by BAPAS. Meanwhile the control by judges of superintendence observer it is not effectively worked out, It happens because of all verdicts are only committed by a judge in each district court.

PROBLEMATIKA PERLINDUNGAN HAK CIPTADI INDONESIA

Mashdurohatun, Anis

YUSTISIA Vol 82 (2011)
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Abstract

Development of copyrights works as part of the intellectual property rights that stem from results of human creation gave birth to a right of the creator of the so-called copyright. Copyright inherent in the creator differs from otherintellectual property rights, because theinherent consists of two types of rights, moral rights and economic rights. The problems ofcopyright protection in Indonesia is caused byseveralthings including: Islamic view of Copyrights, the publics view of the Copyright, Still Lack PopularizingCopyright Act, the Purchaser is notin thequestioning, andlegal awareness.

PERLINDUNGAN FOKLOR MENURUT UNDANG UNDANG HAK CIPTA PERKEMBANGAN DAN PERBANDINGAN DENGAN NEGARA LAIN

Bungana PA, Reh

YUSTISIA Vol 82 (2011)
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Protection of folklore is very important. Indonesia set folklore in the Copyright Act of 2002. In the Copyright Act of 2002 provisions on folklore contained in Article 10, but the setting of folklore in the Copyright Act of 2002 was inadequate, so it is still happening some of Indonesia folklore claimed by foreign countries. Internationally, as yet there is uniformity in the protection of folklore.Regulations in the protection of folklore in every country there has been no uniformity as well. There is a set folklore widely in intellectual property law, but some are set specifically in the Copyright Act. 

ANTINOMI PENERAPAN ASAS LEGALITAS DALAM PROSES PENEMUAN HUKUM

Butarbutar, E. Nurhaini

YUSTISIA Vol 82 (2011)
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The applying ofthe principle of legality often generate antinomy with principle ofjudge according to law,principle ofrechtweigering and principle of freedom ofjudge. But, as the principle, they are each other equiping in applying of him. In applying ofprinciple of legality, judge remain to pay attention rule oflaw,while the principle ofjudge according to law, run by in view oflaw made to protect importance ofhumanbeing, while importance of that human being always expand hence law also have to expand so that alwayscan protect importance ofhuman being. With freedom ofjudge, hencejudge earn always equip or interpretoflawso that thedecision of felt fair (Einzalfallgerechtigkeit) anduseful.

GREEN CONSTITUTION SEBAGAI PENGUATAN NORMA HUKUM LINGKUNGANDAN PEDOMAN LEGAL DRAFTING PERATURAN PERUNDANG-UNDANGAN Dl INDONESIA

Handayan, I Gusti Ayu Ketut Rachmi

YUSTISIA Vol 82 (2011)
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Abstract

There are crisis ofecosystems and the environment faced by Indonesia. The legislative norms ofenvironmental law both the local level cities, countries and provinces is needed along with efforts at thenational and international levels tostrengthen democracy and the law, and good governance. Local government in this regard the executive and parliamentplays an important role in generating and strategic positionon the environment, donot overlap and the harmony between regulation and legislation on it. In fact thereare alot ofregulations that are not harmonious and overlapping functions even does no tprotect the environment (not based on green legislation). In fact, many regulations are canceled and contrary to the Act. Thisis due to the lack of knowledge and understanding of local government officials and parliament about thelegal drafting oflaws and budget constraints. On the other hand, this term includees a new addition, understanding and sensitivity of the apparatus itself ongreen legislation is verylimited, the procedure ofdrafting local regulations that are not responsive to the importance ofenvironmental functions in the future. It is very important is that the conditions from one region to another is differentsoit will be very influential on the laws that were produced later, ifthe norm isgood and good process andin accordance with local conditions. It is therefore necessary to build and create formulations local regtion that is basedonlegislation and create green practices ofgood governance.