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Articles by issue : Vol 84 (2012)
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KEMANDIRIAN PENGADILAN TINDAK PIDANA KORUPSI DALAM SISTEM KETATANEGARAAN DI INDONESIA

Santoso, M. Agus

YUSTISIA Vol 84 (2012)
Publisher : YUSTISIA

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Abstract

Purpose of this studyis to find out the independence ofthejudiciary of corruption in the state system in Indonesia. The method usedis a normative legal research methods (legal research), with theapproach ofthe statute .Data sourcedfrom legislation, library materials, andinterviews. Qualitative data wasanalyzedin such a way and set out in writing a descriptive analysis. The results of this study illustrate that the independence ofthecorruption judiciary is determined from theindependence ofits institutions, thecourts, and the judges. The intervention against corruption court decision is not aimed at her agency or the judicial process, but addressed to the judge overs eeing the corruption case, inthe form of feedback, criticism and even censure which was published ina newspaper that has led to contempt of court.

HARMONISASI FUNGSI DPD DAN DPR PADA LEMBAGA PERWAKILAN RAKYAT DALAM SISTEM BIKAMERAL GUNA PELAKSANAAN CHECKS AND BALANCES

Tutik, Titik Triwulan

YUSTISIA Vol 84 (2012)
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Abstract

Thisstudyis a normative legal research. Thestudyaims to examine the function ofharmonization between DPD and the DPR in agency representatives in bicameralsystem. Approachis used in this study are the historical, the statute, the comparative, the conceptual, and the case approach. Datacollection bycollectingprimary legal materialsand secondary. Primary legal materialsstudied and identifiedwith the "Irac", while secondary legal materialsare accounted forusing the cardsystem, whichis based on the research subject. These materials are searched legal relationship between one and the other uses reasoning (analysis)deductive and inductive to generate propositions and concepts, either the definition, description, and classification as a resultof research. Deductiveanalysis starts from the provisionsmade UUDNR11945 and with the supportofsecondary legal materials including literature of constitutional law concerning state agency DPD. The results show that the first, DPD as state agencies in a bicameral system is formulated as a representative body ofthe people who are institutionally have equal footing with the DPR, even in terms of the representation of characterbased on regions, DPD has a broader representation of the character of the DPR because the dimensions ofrepresentativeness based to all the people who are in these areas. Second, the DPD as a representative body of the people have the duty and authority as the DPR, which has the function of the budget, legislation, and despite the limited supervision. Third, in the context of constitutional Indonesia, there is no synchronization and harmonization ofthe position and function of the DPD and DPR, it weakened the state DPD function as a state institution.

EKSISTENSIMASYARAKAT HUKUM ADAT DAN LEMBAGA-LEMBAGAADAT DIACEH DALAM PENYELENGGARAAN KEISTIMEWAAN DAN OTONOMIKHUSUS DIACEH

Kumiawan, Kumiawan

YUSTISIA Vol 84 (2012)
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Abstract

This study aims to explain the existence of indigenous people and traditional institutions in Aceh in the administration theAcehsspecial autonomy. In addition, itexplains the duties, functions and authority of traditional institutions in Aceh nowadays. This studyis normative legal research. This study examineslibrary materials that acquired through literature study. The technical/approach used is the statute approach, byusingdeductive analysis. The results ofthestudyindicate that theexistence indigenous people and traditional institutions inAceh have shown theirroleinlocal community lifeinAceh. Thisis caused bythe community inAceh has fulfilled the requirements of indigenous people as stated by the applicable law. The existence of traditional institutions inAceh essentiallyhas the function and roleas a vehicle for public participation intheadministration of the Government ofAcehprovincial level andthe Regency/municipalitylevel in the area of security, peace, harmony, and public order. In addition, those traditional institutions also have some numberof authorities as mandated by Article 4 Qanun Aceh No. 10 of 2008 concerning traditional Institution.

APLIKASI METODE PERSIDANGAN SEMU PADA PEMBELAJARAN HUKUM PERS BAGI PENEGAK HUKUM

Rustamaji, Muhammad, Gunawati, Dewi

YUSTISIA Vol 84 (2012)
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Abstract

The study aims to obtain a method forlearningpseudo trialpress law forlaw enforcers. The design ofthis study is action research (participatory research actions) that combines legal research and studies in the education sector. Normativeresearch methods and sociologicalstudies used appropriate phasing In each year. The types ofdata used inthis study includeprimaryand secondary data. Data collection methods are interviews, questionnaires, and literature. Data processing is carried out through the stages of editing, coding, tabulating. Analysis technique using inductive and deductive thinking .. Observation of actual handling of the case became the foundation for further analysis based on legislation and groove trial. Observations thus further utilizedto formulate the appropriate method of fictitious courtpress law. In the first year of thisstudy produced findings: a) identification of two dominant factors typically by law enforce mentofficials inthe press dispute, namely the use of Criminal Code offenses and negationcase particularities press, b). finding of distinctiveness criteria law enforcementpress located on the rightofreply and therole of the Press Council in the settlement release applied to the fictitious trial methods, c) learned of discrepanciesinthe prototype method fictitious courtpress law enforcementagainstactualpracticein the field ofpress due to the design oflearning in one direction and instructionalissues that are not collaborative. Furthermore, the results of this study indicate that a) the dominant factor affecting the typical law enforcement officials in the press dispute actually consists of the application of the dominantoffense in the Criminal Codeas anaffront legalsnares for members ofthepress, and did not understand theuniqueness ofdisputesettlementinthe groove press releases as Act mandatedby the press, b) uniquenesslies in the settlement conference where the submission of the right of reply, complaintsto the Press Council, until the publication of the Press Council rekomendasai that preceded the litigatifc) discrepancies prototype art if icialmethods of learning trials with the reality of law enforcement is due to the instructional design of the course and instructional problems that actuallycan be parsed by the collaborative.

MODEL PEMIDANAAN YANG IDEAL BAGI KORBAN PENGGUNA NARKOBA DI INDONESIA

Simanungkalit, Parasian

YUSTISIA Vol 84 (2012)
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Abstract

The purpose ofthis research is todetermine theideal model ofpunishment for the victims ofdrug usersin Indonesia as a guide lawenforcement in dealing with drug abuse crimes. This research is doctrinal and non-doctrinal legal. The research,data used primary andsecondary data. Secondary data consists oprimary, secondary and tertiary legal materials.. Data collecting technique include observation, in-depth interviews, focus group discussions, distributing questionnaires, andliterature. Technique ofdataanalysis used the method of qualitative analysis andnormative models of interactive analysis. The results of the research indicate that theimplementation of imprisonment for the victims of drug users underthe Act o Narcotics which areclassified into criminal, contrary to thelegal theory of victimology. Model of punishmen that is expected for the victims of drug users is extrajudicial process, means all victims of drug users reported themselves to be rehabilitated. While those who do not report, the police and/orBNN arrest, immediatelydeliverand turn over to rehabilitation.

TINJAUAN YURIDIS EKSEKUSI PIDANA MATI DI INDONESIA

Soge, Paulinus

YUSTISIA Vol 84 (2012)
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Abstract

From the juridical perspective, execution of death penalty in Indonesia is carried out byfiring to deathbasedonLaw No. 2 Pnps 1964. Such a method was stressed again byConstitution Court in itssententceNo. 21/PUU-VI/2008 which refused tochange method ofexecution with theother one that would notbe a torture for the condemned as requested bythose condemned ofdeath penalty in Bali bomb case,Amrosiand his friends. The Contitution Court consideredthatexecutionofdeath penaltybased on thislawhas the risk ofunaccuracy which can cause pain, but it is not a torture meant byArticle 281 of the 1945 Constitution.

KEDAULATAN NEGARA DALAM KERANGKA HUKUM INTERNASIONAL KONTEMPORER

Riyanto, Sigit

YUSTISIA Vol 84 (2012)
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Abstract

This research aimed at comprehensively analize the concept ofState sovereignty and its application in thecontemporary international law. In this research the concept of State sovereignty and relevant rules of international law have been analysed accordingly Legal materials that thoroughly considered and studiedin the context of this research were relevant international rules andfacts embodied in international customs, general principles of law, international treaties, conventions, declarations anddecisions of international organisation, recommendations, guiding principles, plan ofactions, executive committee decisions,reports, academic publications, proceedings andworking papers. Legal materials obtained were classified systematically and interptreted and evaluated thouroughly The formulation concerning the the relevantfacts and international legal frameworks pertainingto the concept ofsovereignty based upon interpretationand evaluation ofthe existing legal materials. Eventually, the concept ofsovereignty in the contemporaryinternational society could berevealed accordingly. The State sovereignty isrelational and open concept;not an insular ornarrow and closed concept. Avisionary discourse isneeded to reinvent the valid interpretation ofsovereignty in the framework ofinterdependence among States in the present international system. Sovereignty shall be interpreted as responsibility ofthe national authority. In this context State as anagent and manifestation ofpeople sovereignty has the primary responsibility toprotect, respect and fulfillthe citizen rights accordingly andaccountable to the international society.

EFEKTIFITAS PENYELESAIAN PEMBATALAN PERATURAN DAERAH MELALUI METODE KEBERATAN DI MAHKAMAH AGUNG OLEH PEMERINTAH DAERAH KOTA/KABUPATEN

Sjuhad, Fatkhurohman Miftachus

YUSTISIA Vol 84 (2012)
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Abstract

The objective of this study is toobserve the effectiveness oflocal regulations annulment/cancellation of the resolution process through a method ofobjections in the Supreme Court ofthe Republic of Indonesia (MA Rl) conducted by the Local Government Pasuruan and Lumajang, Ministry of Home Affairs, andSupreme Court ofthe Republic of Indonesia (MA Rl). This study is anempirical law. Data includes primary and secondary data. Data collection was conducted by theresearch study documents, observation and depth interviews. Considering the objectives of data juridical technical data was analyzed by qualitative analysis that the resultspresented inthe form of descriptive. Theresultsindicated thatmost local governments are reluctant proceedings to the Supreme Court after a local regulation canceled by the central government, so that theresolution process through methods objection is notso effective. In addition, due to the ineffectivenessof these efforts rather than by factors of legislation, lawenforcement and infrastruc ture proposition butratherwas caused bylowparticipation andawareness oflocalgovernment law, consequently led to legal uncertainty.