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Articles by issue : Vol 83 (2011)
13
Articles
URGENSI PENGATURAN WARALABA DALAM UNDANG-UNDANG

Imanullah, Mochammad Najib

YUSTISIA Vol 83 (2011)
Publisher : YUSTISIA

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Abstract

The purpose ofthis research is todescribe the phenomenon ofdemandfor franchise regulation in Indonesia.It is a normative legalresearch in order toexamine the principles oflaw, the synchronization oflaw, and legal history. The data usedwere secondary data came from the primary and secondary legal materials.Data are analyzed using legal interpretation. The result showed that the urgency ofsetting a franchise in anactis dueto: 1) the content material offranchise havetoregulate in anact; 2)toaddress the sinchronization issue with the other act; 3) to harmonize the Indonesian franchise act with the franchise act from the other countries; 4) to fullfill the justice of franchisee andinternational franchisor. To realize the franchise act, the Indonesian government advised tomake cooperation with academics, franchise business man, association,and the public to make academic legal drafting based on academic draft from BPHN with completion inaccordance with the dinamics and development of franchise business in Indonesia.

LABEL HALAL PADA PRODUK PANGAN KEMASAN DALAM PERSPEKTIF PERLINDUNGAN KONSUMEN MUSLIM

Muslimah, Siti

YUSTISIA Vol 83 (2011)
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The purpose of the research is to knowhow to give halal labelon the packaging food product to protect muslim consumer and to know the obstacles ingiving halal labelon the packaging food product to protect muslim consumer. The researchis socio legal. The research data a repremier and secondary data(premiere,secondary, and tertiary law materials). Technique of collecting the data are interview and documentary. Technique of data analysis is theoritical interpretation. The resultsof the research show that halal label on packaged food product is not yet provide maximum protection against consumer rights. There are still a halal labeling by manufacturers of food packaging without proposing halal certificate and without the checking procedure from the Assessment Agency of Food and Drugs of Indonesian Islamic Council (LPPOM MUl).The obstacles in the halal labeling of food products packaged inproviding protection of moslems consumer rights are the legal foundation about halal labelling for food still weak, the presumption the certification process is expensive as well as the long time procedure, complicated and convoluted, the lack of legal awareness of food manufacturers packaging andis less critical and weak bargaining position of moslem consumers.

ANALISA PENERAPAN SISTEM PROPOSIONAL DAN SISTEM DISTRIK DALAM PEMILIHAN UMUM UNTUK PENYEDERHANAAN

Aminah, Aminah

YUSTISIA Vol 83 (2011)
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The objective of this reseach is to investigate the application of the proposional and district system as to simplify the party system in Indonesia viewed from the principles of Rule of Law. This reseach used the doctrial law with the statue and conceptual apporaches. Its data were secondary ones in the form of primary legal materials. They were gathered through the library reseach by identifying the laws and the primary legal issues. Technical analysis of the data / legal materials based on the principle of logical consistency between legal principles related raw reseach problems. The result of the reseach indicates that the application of the proportional and district system in Indonesia has simplified the prevalling party system in Indonesia. However, there is still a need for more effective system in order to simplify the party system such as electoral threshold or parliamentary system as adopted by several countries in the world

PENERAPAN SISTEM TERBALIK TERHADAP TINDAK PIDANA KORUPSI (Sebuah Upaya Progreif dalam Pemberantasan Tindak Pidana Korupsi)

Muwahid, Muwahid

YUSTISIA Vol 83 (2011)
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The main Object of this rsearch is the relutaion reversal burden of proff system of corruption in Act Numbwe 20 of 2001. This research is a normative legal reseach, data obtained from primary legal materials that legislation, and secondary legal materials namely, books, journals and law relating to the burden of proof. The technique of data analysis uses content analysis. The technique of data analysis uses content analysis. The results of reseach showed, First the reversal burden of proof system in criminal law of corruption stipulated in Article 12 B paragraph (1) , Artivle 13, Article 38A and Article 38B of Act Number 20 of 2001 on the eradication of corruption. Second, the data application of reversal  burden of proff principle in a criminal act of corruption which is an extra ordinary crime, this provision is evidence of irregularities in the conventional system as was stipulated by the Criminal Code, in this case applies the principle of lex specialis derogat lex generalis

PENGUATAN PENEGAKAN HUKUM HAK KEKAYAAN INTELEKTUAL (Studi Kritis Peran Pendidikan Kewarganegaraan)

Triyanto, Triyanto

YUSTISIA Vol 83 (2011)
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This Study discusses the role of Civic / Citizenship Education (CE) in strengthering IPR law enforcement. The reseach used a qualitative method The samples of the research are collected by using purposive and snowball sampling techniques. Its data were gathered throught librar reseach, in-depth interview, observation, and focus group discussion (FGD). They are analyzed by using interactive and bottom up models of analysis. The results of the reseach indicate that Citizenship Education (CE) can be used as means of IPR education throught the implantation of the values of honesty, respect and appreciation of ones rights (IPR) for early childhood.

TINJAUAN HUKUM PERKAWINAN Dl INDONESIA TERHADAP KONSEP KAFAAH DALAM HUKUM PERKAWINAN ISLAM

Yudowibowo, Syafrudin

YUSTISIA Vol 83 (2011)
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The aims of this study are to gain an overview of the kafaah concept in Islamic marriage law and compare it to the marriage law in Indonesia. This study is evaluating the prescriptive legal concepts and legal norms as a source ofsecondary research. Thisstudy use a comparative approach in order to make a comparisons Kafaah concept in Islamicmarriagelaw and the LawNo. 1 of 1974 on Marriage and INPRESNo. 1 of 1991 on the Compilation of Islamic Law Book I of Marriage. The data used in this study were obtained from the literature. Deductive logic used as a method to analyze the law issue. The conclusion is obtained by usingmajorand minorpremises.Theresultsindicated essentially, Islamic lawdoes notstipulate thata male should onlybe married to the womanwhose thingsin commonbothinposition, wealth, ethnicity and so on. Islam did not make the rules regarding kafaah, but the humans that set it. Islam considers that human beings are created equal. Do not set people who can not affordnot to be able to marry, the Arabs can not many a non-Arabpeople, and so on. Tobe able to establish and create a familysakinah, mawaddah and mercy, the scholars suggest thatthere is a balance, harmony, proportionality (there is kafaah) between  the future husband and wife. Law No. 1 of 1974 concerning maniages in temis ofarticle 2, paragraph 1 of the draftKafaahthe principleofequality is only validonly in the matterofreligionprofessed by each bride. Although not explicitlyprohibit the state ofinter-religious marriagesare different but in the article requires that marriages performed according to each religionand belief. However, Article 61 of the Compilation ofIslamic Law states that "no sekufu not be used as a reason to prevent the marriage, but not sekufu (kafaah) due to religious differences or ikhtiiaafu al deen."

PROSPEK PEMBENTUKAN ASEAN INTERGOVERNMENTAL COMMISSION ON HUMAN RIGHTS (AICHR) (Harapan Baru, Kelemahan dan Solusi)

Purwandoko, Prasetyo Hadi, Sasmini, Sasmini

YUSTISIA Vol 83 (2011)
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ASEAN Charter gives new expectationfortheprotection of human rights inASEAN. One of the innovations contained in the ASEAN Charter is a provision regulating thepromotion and protection of human rights.Regulations concerning thepromotion andprotection ofhuman rights contained inthepreamble, purposes, principles and Article 14 of the ASEAN Charter. ASEAN finally recorded a new history in an effort topromote and protect human rights by signing the Terms of Reference (TOR) ofASEAN Intergovernmental Commission on Human Rights (AICHR) as a result of the implementation of the 15th ASEAN Summittoheld in Hua Hin , Thailand. However, the formation of AICHR still not perfect. There are a number of weaknesses and challenges that mustbe completed by theASEAN countries, especiallyconcerning the strengtheningof the mandate and functionsofAICHR on human rights protection.

THE CHALLENGES OF IMPLEMENTING PROHIBITION OF TORTURE IN TWO LEVELS: ASEAN AND INDONESIA

Kusumawati, Erna Dyah

YUSTISIA Vol 83 (2011)
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This Artivle will address the issue regarding prohibition of torture and its challenges at two levels: ASEAN and Indonesia. The prohibition of torture is considered to be a rule of "jus cogens" or peremptory norm as well as customary law. in addition the prohibition of torture is absolute and non-derogable. Therefore, it entails some obligations for states whether or not they ratify the CAT. States have the universal oblogations to prevent torture and inhuman degrading treatment in their juriscition under international customary law. Since many of ASEAN countries do not ratified ICCPR, the AICHR have to implement the prohibition of torture based on the customary International law. In addition, AICHR needs to monitor the national law regarding the prohibition of torture. However, the AICHRn lacks of protection mandate and might not functioning well especially when dealing with the alllegation of the prohibition of torture or other human rights allegations withun ASEAN juriscdiction . In Indonesia, the use of torture to get hte confession is widely used by the poluice. Not all the prepetrators are brought to the Court of Law and are given an equaitable sentences; although, Indonesia does have a regulation on prohibition of torture; the Criminal Code, the Law no39/1999 concerning Human Righst, and the law No.26/2000 concerning Human Righst Courts. There is lack of competence of the Human Righs COurt to hear the ciolation cases. Also, There is lack of competence of the Indonesian Commision on Human Righs to investiate cases concerning torture.

PERLINDUNGAN HAK ASASI MANUSIA PENGUNGSI INTERNASIONAL

Kusumo, Ayub Torry Satriyo

YUSTISIA Vol 83 (2011)
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Refugees are a group of people who were forced to leave the country because of very threatening fear. Fear is often due to natural disaster of conflict. In countries receiving refugees, they often experience inhumane treatment sucs as rape, assault, discrimination, repatriated by force, those lead to violation of human rights. There has been regulation for human righst in refugee issues both internationally and regionally, for instance Convention related to status of Refugee 1951 and the protocol related to the Status of the country of origin forcibly (non refoulement). the right to seek asylum, the right to obtain equality and non-discrimination, the right to live and to be secured, as well as the right to return home.

POLITIK PLURALISME HUKUM DALAM HUKUM UNDANG-UNDANG KEKUASAAN KE HAKIMAN: KAJIAN TERHADAP PENGAKUAN HUKUM TIDAK TERTULIS DALAM UNDANG-UNDANG NOMOR 48 TAHUN 2009 TENTANG KEKUASAAN KEHAKIMAN

Jamin, Mohammad

YUSTISIA Vol 83 (2011)
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In fact that in Indonesia not onlyhas written lawwhich imposed by state power( state law), butis also unwritten law which often called the non state law. Political of lawto uniting as one political unity and enforce thelegalsentralism has disregarded the fact oflegalpluralism (thepolitical ofignorance). Political of law of the Judicial Power Code which imposed during the time does not clearly arrange the state recognation tounwritten law, even unwritten law is recognnized, but still very sumir and floating. Although Code No. 48/2009 about Judicial Power adopt the politics oflegal pluralism andrecognizes theexistence unwritten law, butitis still sham (weaklegalpluralism), causing that infactpredominate the state law still happened and unwritten law only becoming complement to state law. Political forwards legal pluralism inJudicial PowerCodeideally is notmadeconditional. The political legal pluralism of Judicial Power Code mustto adoptstronglegalpluralism, so can accommodate pluralism in society.