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INDONESIA
YURIDIKA
Published by Universitas Airlangga
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Core Subject : Social,
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Articles 27 Documents
KONSEP DAN PENGATURAN HUKUM KEJAHATAN TERHADAP KEMANUSIAAN Wiratraman, R. Herlambang Perdana
YURIDIKA Vol 23, No 2 (2008): YURIDIKA
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Abstract

A crime against humanity is a part of the most serious crimes concerned by international community. The law against this crime is widely accepted, because it is categorized as ‘hostis humanis generis’. Nevertheless, this concept and international laws of crime against humanity are defined and adopted differently by many countries, including under Indonesian laws. This paper analizes comparatively the concept and provisions which are based on international statutes, jurisprudence in ICTY and ICTR and Indonesian Human Rights Court Law, especially the provision of “other inhumane acts”. It also examines whether the different concepts would make legal concequences in implementing progressively its law enforcement in Indonesia.Key words: human rights, crimes against humanity, other inhumane acts
KARAKTERISTIK ILMU HUKUM Marzuki, Peter Mahmud
YURIDIKA Vol 23, No 2 (2008): YURIDIKA
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Abstract

Jurisprudence is a sui generis discipline. The growth of positivism leads to the application of natural science method to social studies, which relied upon empirical observations. This brought about the establishment of legal positivism, which delimits the study of law to the study of observable phenomenon in the form of positive law. As positive law imposed by authority, this law neglects every unobservable aspect of the law, such as justice, ethics, etc. The increase of the study of social perspective on law in the 1970s is misperceived as the shift of jurisprudence to social science realm. The study of law, then, is patterned on social study. Consequently, law deals only with observable phenomenon. This, certainly, mislead the study of law. Jurisprudence is a prescriptive as well as applied science. Social method, consequently, is inapplicable to jurisprudence.
Redaksi Marzuki, Peter Mahmud
YURIDIKA Vol 23, No 2 (2008): YURIDIKA
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Jurnal Hukum Yuridika diterbitkan oleh Fakultas Hukum, Universitas Airlangga. Terbit 3 (tiga) kali dalam setahun pada April, Agustus dan Desember.
KEABSAHAN PERJANJIAN PERKAWINAN MENURUT UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN Kurniawan, Faizal; Agustin, Erni
YURIDIKA Vol 23, No 1 (2008): YURIDIKA
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The focuses of this article are characteristics of prenuptial agreement, limitation of the prenuptial agreement’s substance based on Act No. 1/1974 on Marital and legal effect of breaching the prenuptial agreement to marriage. The prenuptial agreement as regulated in the article 29, Act No. 1/1974 can be classified as a domestic contract. Through the article 66, Act No. 1/1974 on Marital, the parties may use other regulation of family law in Indonesia such as Civil Code (Burgerlijk Wetboek) and Compilation of Islamic Law, as references for the parties to arrange the prenuptial agreement. In some cases,  those regulation give different border about the prenuptial agreement. The legal effect of breaching the prenuptial agreement cannot be used as a reason to divorce. The prenuptial agreement regarding with matrimonial assets is binding to the third party. Besides the matrimonial assets, the clauses are only binding to  the parties internally. Keywords: prenuptial agreement, domestic contract.
KUALIFIKASI PEMOHON DALAM PERKARA PENGUJIAN UNDANG-UNDANG DI MAHKAMAH KONSTITUSI Salman, Radian; Ristawati, Rosa
YURIDIKA Vol 23, No 1 (2008): YURIDIKA
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Judicial review in the sense of review of legislation against constitution is under Indonesia Constitutional Court jurisdiction. The proceeding is only established based on petition filed with by petitioner. The petitioner should meet some requirements to be qualified as a party to the proceeding. Referring to satisfaction of requirements, judges have discretion to determine whether petitioner has legal standing to be party to the proceeding. This article elaborates and analyzes provisions concerning qualification of one who has legal standing to initiate proceeding in Indonesia Constitutional Court. Article 51 (1) of law on Constitutional Court stipulates petitioner qualification: Indonesian national, the existing indigenous unit community that does not contravene social development and unitary state principle of Republic of Indonesia specified in law, public and private judicial person, and state institution. Regarding individual, the Court restated that only Indonesian national is qualified to be party to the proceedings. In term of juridical person, the Court tends to turn qualification of entity that legal status as juridical person into a person or group of persons that have common interest. Keywords: petitioner, constitutional court, legal standing.
AKSES PIHAK NON-PEMERINTAH DALAM SISTEM PENYELESAIAN SENGKETA WTO Kurniasari, Nilam Andalia
YURIDIKA Vol 23, No 1 (2008): YURIDIKA
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The World Trade Organization (WTO) dispute settlement system is accessible only by Members. In another word, it is G to G dispute settlement system since most of its Members are States. Non-States and non-Members are excluded from the system. Private parties and Non-Governmental Organizations (NGOs) do not posses direct access to it. However, the system opens two small gaps which enable Non-States and Non-Members to participate through what are called as indirect access and amicus curiae brief.   Keywords: WTO law, Amicus curiae brief, Akses pihak ketiga.
HUKUM ADAT DAN PROBLEMATIKA HUKUM INDONESIA Kurniawan, Joeni Arianto
YURIDIKA Vol 23, No 1 (2008): YURIDIKA
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Indonesian Legal Order has been found since Proclamation of Independence 17 August 1945. But Indonesian legal development mainly on providing substantive justice for common people still often results in disappointment caused so many problems in it. The problematic of the Indonesian legal development is complicated that can be known by the failure of the solving efforts so many times in so long period, so it must be approached systematically that may pushes us to evaluate deeply into the Indonesian legal system that has been applied, that is Civil Law System. Adat law, as the indigenous law system of Indonesian people, has extremely different characteristic with Civil Law System, and by its origin characteristic Adat Law may offers solution for the problematic of the Indonesian legal development. Keywords: Indigenous law, Adat law.
PENGADAAN TANAH BAGI PELAKSANAAN PEMBANGUNAN UNTUK KEPENTINGAN UMUM -, Eman
YURIDIKA Vol 23, No 1 (2008): YURIDIKA
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According to Presidential Decree No. 65 Tahun 2006 and Presidential Decree No. 36 Tahun 2005, land acquisition has at least two important elements. These elements are: firstly, the regulation and definition of “public interest” and secondly, the concern about compensation to the holders of land title. The rules and definition of “public interest” in those regulations is determined by provision list which is too narrow. Moreover, the types and amounts of compensation is determined through amicable settlement based on the valuation price as proposed by Land Price Valuation Team/Institution. Keywords: Pengadaan tanah, kepentingan umum, ganti rugi.
WAJIB BELA NEGARA DAN PRINSIP PEMBEDAAN DALAM HUKUM HUMANITER INTERNASIONAL (KAJIAN PASAL 30 UUD 1945) Hastuti, Lina
YURIDIKA Vol 23, No 1 (2008): YURIDIKA
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The main provision of state defense is as provided in Article 30 UUD 1945 and is further regulated by the Act No. 20 year 1982 regarding General Provision on the Defense and Security of the Republic of Indonesia, which was amended by Act No. 3 year 2002 regarding State Defense. The concept of people’s participation in state defense and security system (sishankamrata) as stated in the previous Act was replaced by state defense system by the later Act. In order to implement this new Act, there has been an effort by government to propose a Bill regarding Reserve Component of the State Defense. Several important issues in the Bill are including the active involvement of civilian in the state defense. Moreover, member of the Reserve Component after being mobilized has a new status as combatant. Therefore, if the Bill regarding Reserve Component of the State Defense is approved by the Parliament and become an Act - and there is no significant modification to the provision on the status of civil citizen after being mobilized – it will be clear that every civilians who involve in state defense activity must then be treated as combatant.   Keywords: international humanitarian law, distinction principle.
ASAS ULTIMUM REMEDIUM DALAM PEMIDANAAN ANAK NAKAL Kurniawan, Riza Alifianto
YURIDIKA Vol 23, No 1 (2008): YURIDIKA
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The juvenile judges’ decision to sentence juvenile delinquent in prison seems not to give protection for the best interest of the child. Many facts have shown that the increasing number of juvenile delinquent cases reflects the objective of prison punishment is far from the expectation. Prison punishment decisions should then be the last option; this is in line with the “last resort” principle (ultimum remedium). This article is aimed to analyze the application of ultimum remedium principle in sentencing juvenile delinquent. Keywords: juvenile sentencing, juvenile judges, ultimum remedium.

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