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Journal : Unisia

Prospek Pemberantasan Korupsi: Perimbangan Kewenangan KPK dengan Institusi Penegak Hukum Jawahir Thontowi
Unisia Vol. 31 No. 67 (2008)
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/unisia.v31i67.168

Abstract

This study repeals that thet law enforcement on corruption crime carried by the Corruption Committee (KPK) cannot effectively control to minimize it from happening. It is important to take into account to propose that KPK still maintain to be established, but it role needs to be reduced in order to make a balance authority in handling corruption case between KPK and other legal institutions. In order to avoid conflict interest between involved parties police, public prosecutor and judges at district government level have their own jurisdiction to proceed corruption crime which are carried out by  public civil gervants. Hence, the establishment of Police Task Force inrespect to investigate corruption case is a vital role to take into consideration.
Urgensi Undang-Undang Pelayanan Publik dan Pencegahan Fungsi Diskresi untuk Penyalahgunaan Kekuasaan Jawahir Thontowi
Unisia No. 49: Tahun XXVI Triwulan III 2003
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/unisia.vol26.iss49.art9

Abstract

Public Service Law  is not merely important, but also useful to sthrengten a good governance and clean government in Indonesia. To make the Public Service Law is an effective legal instrument, it is required to consider several steps. The first is dealt with the important effort to make theoretical review, establish a comprehensive research, identify main problems and  spesify a scope of public servant competency. The second is concerned with efforts of finding relevant arguments on public service that the Indonesian Constitusion 1945, the MPR Decree 1998, the Local Authonomy Law Number 22/1999 have indeed contributed in significant to support the Draft of Public Service Law come into existence. Finally, the Draft of PSL disfunctions to stop the abusive of power or detoumement de pouveir (corruption, collusion, and nepotism)  takes place if the Indonesian government fails to control the application of the government discretion over the rule of law.
Komunitas Lokal Perspektif HAM dan Hukum Nasional Jawahir Thontowi
Unisia No. 57: Tahun XXVIII Triwulan III 2005
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/unisia.vol28.iss57.art3

Abstract

There is no a specific term relating to the nation of a local community in Intemational Law. In term of practical meaning, however, the word of indigineous people in international convention obviously indicates to the existing of Indonesian societies, such as Badui, Dayak, Asmat, and Kubu. Inspite of the fact, that the local communities are not identical with legal concept of indigineous people in intemational convention, the 1945 constitution and the anuthonomy of iocal govemment Act No. 32/2005, recognize the term of traditional socities or local customary rules. These are relevant element of indigineous people, but they cannot directly be addressed to name local community. This is not because all local communities in Indonesia are applied modem type of governments, but also because traditional values partly operate in certain local commuriities. In order awamess of law and human rights, it is relevant to take into account local communities and its interest to accommodate into local law enacted by the local perliement.
Paradigma Profetik dalam Pengajaran dan Penelitian Ilmu Hukum Jawahir Thontowi
Unisia No. 76: Tahun XXXIV Triwulan I 2012
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/unisia.vol34.iss76.art7

Abstract

This research is based on the following academic questions. The first is dealt with the problem of what is the function of concept paradigm in realitation to develop social sciences and legal jurisprudence. The second is concerned with the problem of how relevant does it Pancasila National Philosophy into a propetic paradigm for the purpose of teaching and research development. The third is why does it prophetic paradigm important to change situation of teaching and research development. This article concludes that a paradigm in respect to social sciences and legal jurisprudence is important to be used in order to facilitate a teaching and research in more inclusive dimension. So, it is impossible to radically change legal thought without taking into account believe system which inspires to understand concepts, methods and its analyses. The second is that Islamic values consists of iman, Islam, and ichsan do not contrave with basic phylosophy of Pancasila, so that an academic objective of legal Jurisprudence is not misely based on posltivisic theory. But, it is also important to take into account such approach as ontology, epistimology, and axiology accommoded into teaching and research development in respect to legal jurisprudence. Lastly that some partners of prophetic paradigm in legal jurisprudence concerns very much in effort to integrate a good person and a good law in teaching process and develop to exercise devine law and human made law in order to obtain a constructive concept of law and Justice are untiled at one.Keywords: Paradigm, prophetic, positivism, legal Jurisprudence, Islam, Justice.  
Prospek Pemberantasan Korupsi: Perimbangan Kewenangan KPK dengan Institusi Penegak Hukum Jawahir Thontowi
Unisia Vol 31, No 67 Maret 2008
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/unisia.vol31.iss67.art3

Abstract

This study reveals that law enforcement against corruption crimes carried out by the Anti-Corruption Committee (Komisi Pemberantasan Korupsi, here in after KPK) has not been fully effective to reduce the crimes. However, the KPK remains important to exist. Never theless, its roles need to be reduced in order to create balance of authorities between the KPK and other institutions that are involved indealing with corruption eradication. Polices and prosecutors should remain having their own jurisdiction in local government levels to eradicate corruption, and the establishment of special task force, such as Police Task Force, to investigate corruption case should be taken into account 
Bilateral Cooperation Between The Government of Indonesia Malaysia On Management Border Territory Jawahir Thontowi
Unisia Vol. 33, No. 74, 2011
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/unisia.vol33.iss74.art1

Abstract

This study reveals that bilateral cooperation between the government of Indonesia-Malaysia began continue since 1960. It was until 1974, two Governments signed MoU and followed to by 25 join diplomacy meetings in persuing border problem. In practice however, it is found it difficult for Indonesian government to progress people development in border area. Not only because the Indonesian and Malaysian negotiation diplomacy are less effective to prevent and control border area, but rather because too many factors are faced by central and local governments of Indonesian, to issue aspecial regulation which is internally relevant to solve the problem of border area.Keywords: International Law, Border Area, Cooperation, Total Diplomacy and-Local Diplomacy, tangible and untangible factors.