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INDONESIA
MASALAH-MASALAH HUKUM
Published by Universitas Diponegoro
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Articles 545 Documents
REVITALISASI KEBERPIHAKAN PROFESI ADVOKAT TERHADAP KLIEN YANG TIDAK MAMPU Nurudin, Agus
MASALAH-MASALAH HUKUM Masalah-Masalah Hukum, Jilid 41, Nomor 1, Tahun 2012
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Abstract

Revitalizing the role of advocate is very urgent now, so that its position is still worth mentioning as one of the elements of law enforcement, even as the front line in providing human rights protection, especially for people who can not afford to procedural law in court. The revitalization, especially on the function of an advocate role, the moral obligation to support a fair trial and right, position the community who can not afford equal before the law, provide free legal assistance to citizen who can not afford and using the law with a conscience.
PENERAPAN HUKUM BERBASIS HUKUM PROGRESIF PADA PERTAMBANGAN BATU BARA DI KALIMANTAN SELATAN Sarmadi, Akhmad Sukris
MASALAH-MASALAH HUKUM Masalah-Masalah Hukum, Jilid 41, Nomor 1, Tahun 2012
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UU No. 4 year 2009 about Mineral and Coal Mine still felt by nonalignment at small people. where its negative impact exactly felt by environment and society. Inseparable coal mine with industrialization, while industrialization always need the  source of nature which many. In development of natural resources such as those which happened in Indonesia, needed development of real correct natural resources without having to forced so that disregard negative impact of society and environment. For that, comprehending UU No.4 Year 2009 have to comprehend with substansive  and progressive is objective for the prosperity of society without destroying environment. Study in law to mining of coal smolder in south kalimantan can open knowledge forwards law to be developed for the purpose of more progressive
PERLINDUNGAN KONSUMEN DALAM IKLAN OBAT Turisno, Bambang Eko
MASALAH-MASALAH HUKUM Masalah-Masalah Hukum, Jilid 41, Nomor 1, Tahun 2012
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Payload information is correct, clear, and honest, is a consumer right that must be given in the advertising business and tell what consumers need to know in order to determine the right choice. Most of misleading drug ads carry the message that it is incomplete and does not correspond with the content of their products. Drug ads through our pre review prior to publication, sanctions for violations to deterrent effect. Overlapping drug advertising regulations, the role of BPOM as a supervisor who makes the rules and censorship on the ad.Keyword : drug advertisement, consumer
KEBIJAKAN PERUMUSAN SISTEM PEMIDANAAN YANG BERORIENTASI PADA KORBAN Soponyono, Eko
MASALAH-MASALAH HUKUM Masalah-Masalah Hukum, Jilid 41, Nomor 1, Tahun 2012
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Policy of sentencing system in this study in a functional significance (Material Criminal Law, Formal Criminal Law and Law of Punishment Execution). The main problems of this study are (a) How does the formulation of the victim-oriented  sentencing system policy in the current positive law? (b) How does the formulation of victim-oriented sentencing system policy in the future positive law? Research carried out a normative legal research and approaches used include the approach of legislation, conceptual approaches  and comparative approach. Formulation of policy oriented system on victims in the positive law currently only exist on a small portion statutory provisions in Indonesia, while in most of it is still oriented of criminal act offender. Although in its development, emerging concern for the victim, but has not awakened a policy of criminalization of the integral sentencing system. The conclusion that can be put forward is that there is concern for the victims in the current positive law, though not yet awakened a policy of criminalization of the integral system. In the coming policy so the policy was also concerned with both the victims and the offenders.Key word : Sentencing System Formulation, Victim-oriented Policies
PARTISIPASI MASYARAKAT DALAM PERLINDUNGAN HUKUM TERHADAP KEKAYAAN INTELEKTUAL WARISAN BANGSA Purwaningsih, Endang
MASALAH-MASALAH HUKUM Masalah-Masalah Hukum, Jilid 41, Nomor 1, Tahun 2012
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This article based on  research is to analyze the needs for community empowerment through sustainable participation approach concerning the protection of traditional knowledge and folklore. This folklore  essentially meets the requirements to be copyrighted;  the fact that it is a communal heritage property which has been passed on for generations and the creator is therefore not identified, cannot fulfill the requirement of originality and individuality.  The traditional knowledge that based on technology, yet it is not patentable invention, the fact that is not fulfill patentable requirement especially the novelty. Thus, traditional knowledge and folklore must be protected as ´sui generis´ legal protection. Community empowerment program and community  legal awareness program should be done continually as well as progressing ´promote and protect´ culture. The findings of this research suggest that indigenous people makers  need such supports as trainings, government´s endorsement and incentives, capital provision schemes, as well as marketing and legal assistance. The findings also recommend that partnership between the traditional knowledge or folklore makers/indigenous people and the government be intensified to promote the product, not only locally, and nationally, but also internationally. This should involve the NGO, campus, the government, and related consultants to jointly protect this product and to help promote it in bigger scope.Keywords: community participation, promote and protect, traditional knowledge, folklore
HAKIKAT PERTANGGUNGJAWABAN PEMERINTAH DAERAH DALAM PENYELENGGARAAN PEMERINTAHAN Nuh, Muhammad Syarif
MASALAH-MASALAH HUKUM Masalah-Masalah Hukum, Jilid 41, Nomor 1, Tahun 2012
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Good governance can only be realized in state law. One of the principle of good governance is the principle of accountability which requires all local governments accountable for their actions in governance. Accountability of local government consisting of political accountability, law and economics. Political accountability, there are two kinds of common liability in the form of regional governance that must be done once a year to the central government as the basic building material evaluation and subsequent local government and governance accountability reports to Parliament and the Government in form the public governanceas a judgment to accept or reject the report of accountability that could result in dismissal of the Local Government and the tremendous responsibility that is required by Parliament in the form requesting the information reported in the local government accountability office that could result in local governments can not be nominated for the next period. Legal liability is a liability for the actions of local governments that harm the public or other parties. Divided into two legal liability personal liability, which focuses on the functional or behavioral approach may result in a severe misuse of authority in the form of maladministration and liability positions that focus on the approach to the legality (validity) regarding the use of authority, procedure and substance. Differences in personal responsibility and liability positions at the consequences of criminal, civil, and administration. Criminal liability only relates to personal responsibility, civil liability relating to both personal responsibility and accountability responsibilities and administrative positions relating to the responsibilities of office. While the economic responsibility held in conjunction with political accountability.Keywords: Government, Governance, Accountability
KEDUDUKAN HUKUM PERJANJIAN PERKAWINAN SEBAGAI ALASAN PERCERAIAN Rokhim, Abdul
MASALAH-MASALAH HUKUM Masalah-Masalah Hukum, Jilid 41, Nomor 1, Tahun 2012
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Abstract

Judicially, made agreement generate legal consequences and related/relevant the parties entitled to raise cancellation of contract or making [him/ it] as reason of divorce, made agreement fasten both parties and become law for the man who making its meaning it if agreement of marriage made is laterthen impinged by one of the parties hence party side which feel themselves aggrieved and cannot accept [the] mentioned can be raised as reason of divorce. Thereby that agreement of marriage made by spouse and legalized [by] before officer of marker do (PPN marriage), since ratifying of the agreement hence the agreement with power of law and become [is] obliged to be executed. In Islamic Law Compilation (KHI), please explained that made agreement can in the form of talaq taklik which is inveterate to be said by husband after legalization of marriage and other agreement which not illegal Islam, the agreement can in the form of dissociation of community property, or other agreement which its contents not trespass law order, ethics and religionKeywords : Agreement, Divorce
HUBUNGAN HUKUM DALAM PERJANJIAN PEMBORONGAN Darwis, Hanafi
MASALAH-MASALAH HUKUM Masalah-Masalah Hukum, Jilid 41, Nomor 1, Tahun 2012
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Abstract

Agreement (Overeenkomst) is an event when one party promises to another party to perform a case based on the event, and then the legal relations arise between both parties. In the Contracting Agreement, the Principles of Legal Relations between both parties explained on (Burgerlijk wetboek) certain following principles: Principle of responsibilities correlations of all parties, Principle of the assertiveness of contractor responsibilities, Principle of the prohibition to any changes in the agreement price, Principle of the freedom to terminate the agreement unilaterally.Key Words: Legal Relations, Contracting Agreement
PERADILAN BERBASIS HARMONI : WAWASAN BARU DALAM PENYELESAIAN KASUS KRIMINAL Medan, Karolus Kopong
MASALAH-MASALAH HUKUM Masalah-Masalah Hukum, Jilid 41, Nomor 1, Tahun 2012
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This study tried to offer a new theoretic perspective about settlement form of criminal case. The offer based on Lamaholot society in East Flores – East Nusa Tenggara experience which always gives a harmony value as a priority combine with Adat tradition of peace mela sare or tapan holo into every settlement practice of criminal case. What Lamaholot society was constructed and other societies in Indonesia did, actually emphasis that the final goal of every judicial process is not only to judge which one is wrong and which one is right, either not only to find the truth and justice. But, additionally judicial process has to make a harmony or rebuild a social relation among the victims of conflict. Even, a social harmony that was built is managed generally as individual, and collective context, and as also vertically to the Almighty God. The judicial orientation with rich philosophy of harmony as figure out in the peace of the Adat tradition mentioned before can be applied to social sphere, because actually the harmony value is everybody´s dream in the world.Keywords : judicial, criminal, harmony, adat tradition, Lamaholot society.
PEMBERDAYAAN LEMBAGA MEDIASI DALAM PENYELESAIAN SENGKETA DI BIDANG PERTANAHAN Sukresno, Sukresno
MASALAH-MASALAH HUKUM Masalah-Masalah Hukum, Jilid 41, Nomor 1, Tahun 2012
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Abstract

Operation of mediating institutions in order to perform its functions is part of the workings of the legal system that is affected by the component structure, substance and culture. The weakness of these components will affect the operation of mediating institutions are less effective and efficient so that was not optimal in resolving disputes in the area of land. Empowerment of the structure, substance and culture of mediating institutions are absolutely necessary in order to function effectively and efficiently. Problems discussed in this study, first, why the need for the empowerment of mediation in resolving disputes in the area of land, Secondly, why the use of mediation as an effort to institute a dispute settlement in the area of land is not maximized?; And third, how konkritisasi empowerment of mediation to be effective in dispute resolution in land? Above problems are analyzed with a frame of mind the theory of the workings of the legal system, theories of conflict resolution / dispute, the legal effectiveness of the theory and supported the idea and the concept of empowerment. With the legal paradigm constructivisme and socio legal research approaches, the primary and secondary data were processed using contextual understanding of the interpretation, evaluation of reliability and validity of the logical interaction (level of confidence) or credibility. The purpose of this study is to investigate, identify and evaluate the need for empowerment of mediation in dispute resolution in land and look for the cause not the maximum use of the mediation agency; and find a concretization of the effective empowerment of mediation in resolving disputes in the area of land. Establishment of mediation as an alternative dispute resolution in land is the newly born and grow and therefore has not developed into an effective institution. Empowerment of these institutions is absolutely necessary as there are still weaknesses of structural components, the substance and culture. The use of mediation by the institution of the National Land Agency / Office of Land there are problematic aspects that hinder making it less effective in maximizing the settlement of disputes in the area of ??land. Konkritisasi mediation for the empowerment of the structural components include planning, organizing and coaching facilities, infrastructure and human resources. Empowerment of the substance to amend legislation in the area of ??land including the set up and establish justice in land disputes. Empowerment of the culture is to instill traditional values ??in the form of institutional deliberation by entering the APS to formal and informal curriculum, utilizing the mass media, and other outreach programs. Keywords : Empower, Mediation Institution, Dispute of Land Affairs Sector.

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