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Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada

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Published by Universitas Gadjah Mada

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Core Subject : Social,

Law, Crime, Criminology & Criminal Justice

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Articles 13 Documents

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Search results for , issue "Vol 20, No 1 (2008)" : 13 Documents clear

KEPEMILIKAN SILANG SAHAM PT. INDOSAT DAN PT. TELKOMSEL OLEH TEMASEK HOLDING COMPANY Lucianus Budi Kagramanto
Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada Vol 20, No 1 (2008)
Publisher : Fakultas Hukum Universitas Gadjah Mada

On Nopember 19, 2007, Commission For The Supervision Of Business Competition (KPPU) has been expelled a verdict No. 07/KPPU-L/2007 about infringement of Act No. 5, 1999 performed by Temasek Holdings. The form of infringement performed by Temasek Holdings is a stock cross ownership on PT. Indosat Tbk and PT. Telkomsel through its two subsidiaries company, namely STT and SingTel. Temasek Holdings is also accused on price fixing, double occupation, and also performing the monopoly in telecommunication, especially on cellular telephone. For the infringement, Temasek Holdings was sanctioned a fine and for the verdict, Temasek Holdings may propose a rejection to District Court of Jakarta. Other parties wish that the Court has objectivity and based on the business competition law in Indonesia. For the KPPU and Temasek Holdings still have a chance to propose an appeal to Supreme Court, if one are won by the District Court of Jakarta.

PENGGUNAAN LEGAL STANDING ORGANISASI LINGKUNGAN HIDUP DALAM RANGKA PENEGAKAN HUKUM LINGKUNGAN Fajar Winarni
Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada Vol 20, No 1 (2008)
Publisher : Fakultas Hukum Universitas Gadjah Mada

The research results show that the implementation of the WALHI legal standing is only implemented in two cases. They are Taman Nasional Gunung Merapi and PT. Griya Perwita Asri case. The efforts of the law enforcement that have been conducted by WALHI tend to the advocacy and the awareness of the community rights toward environmental. Meanwhile, the obstacles which are faced by WALHI in implementing its legal standing are WALHI is tends to do the awareness of the community rights and advocacy than legal standing, because it is most appropriate target; the law officers are lack response to the legal standing case; the regulation is not clear yet; and the lack of the human resources. Although the implementation of the WALHI legal standing is not effective yet, but their roles in criticizing the Government policy have been giving a lot of changes through the pressures that have been done.

GUIDING PRINCIPLES ON DISPLACEMENT: INSTITUTIONALISASI NILAI-NILAI KEMANUSIAAN DALAM INSTRUMEN INTERNASIONAL Sigit Riyanto
Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada Vol 20, No 1 (2008)
Publisher : Fakultas Hukum Universitas Gadjah Mada

This paper examined the process and prospect of the institutionalization of humanitarian values in the international instrument adopted by the United Nations in 1998. As a matter of fact, since the adoption by the United Nations in 1998, this instrument has been disseminated widely and, has been used by various international organisations (both UN Agencies and non UN Agencies), regional organisations, state and non-state entities as guidance in dealing with the internal displacement crisis. Some states even incorporated the principles embodied in this instrument into their national legislation. It has to be noted that The Guiding Principles on Internal Displacement clarify any grey areas that might exist, and address the gaps identified in the existing international legal system. Accordingly, this instrument should be treated as common platform for international community in the efforth of protecting and assisting internally displaced persons throughout the world.

MEDIASI SEBAGAI BASIS DALAM PENYELESAIAN PERKARA PIDANA Agus Raharjo
Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada Vol 20, No 1 (2008)
Publisher : Fakultas Hukum Universitas Gadjah Mada

Litigation model on criminal justice process can’t give satisfy and justice to offender and victim crime, so must be reform. Criminal Justice System is a network of criminal justice by using criminal law as ultimate material. The resolution of criminal cases at the time in Indonesia based on KUHAP (Act No. 8/1981) is recognized as litigation model. On KUHAP, non litigation model on criminal cases resolution is unknown, but based data research in Central Java, we are concluding that criminal cases resolution through non litigation model can be enable in Indonesia. For offender and victim, they can look for by way and place other. Non litigation model of criminal cases resolution can answer weakness on litigation model and show that existence of justice in many room; and according to pluralism in our constitutional, this model ought to accommodate in criminal justice system.

HAK DAN KEWAJIBAN ABDI DALEM DALAM PEMERINTAHAN KRATON YOGYAKARTA Agus Sudaryanto
Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada Vol 20, No 1 (2008)
Publisher : Fakultas Hukum Universitas Gadjah Mada

The result of this research indicates that the rights and obligations of abdi dalem in Kraton Yogyakarta have varieties, it depends on their status and function in the government of Kraton Yogyakarta. Some consideration or motivation to be abdi dalem kraton which are taking part in feeling kraton owned, maintaining of kraton culture, alive to be more meaningful, continuing of tradition from generation to the other, a tool of maintaining to magersari right or obtain the sultan’s blessing.

SEKURITISASI ASET DALAM KONTRAK INVESTASI KOLEKTIF BERAGUN ASET DI INDONESIA Paripurna P. Sugarda
Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada Vol 20, No 1 (2008)
Publisher : Fakultas Hukum Universitas Gadjah Mada

EBA is one of alternatif of financing for business world and investment instrument for investor. Yet, until nowdays, no company issued EBA in Indonesia capital market even though there have been quite number of Indonesia that companies that become originator of foreign securitization. Unvalailability of EBA in Indonesia capital market is because of the lack of knowledge of capital market participants in understanding EBA. The capital participant still consider that existing rule and regulation are in insuffient for the EBA to take place.

KESIAPAN PENGADILAN AGAMA DALAM MENYELESAIKAN PERKARA EKONOMI SYARIAH Yulkarnain Harahab
Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada Vol 20, No 1 (2008)
Publisher : Fakultas Hukum Universitas Gadjah Mada

Preparation of court is one of factors that influences effectiveness of Act. The aim of this research is to know about preparation of Religious Court in Special Region of Yogyakarta to settle syariah economic case that be mentioned in Act number 3 of 2006 about changing of act number 7 of 1989 about Religious Court. Based on this research, Religious Courts in Special Region of Yogyakarta are not ready to settle syariah economic case as mentioned in Act number 3 of 2006 yet. There are some obstacles that be faced Religious Court to do the authority, that is, first, there is not Code of Syariah Economic yet, second, uncapability of judges, and third, facilities are not enough.

PEMBERIAN HAK DALAM PEMANFAATAN TANAH PESISIR PANTAI UNTUK TRANSMIGRASI RING I DI KABUPATEN KULON PROGO Erna Sri Wibawanti; Francisca Romana Harjiyatni
Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada Vol 20, No 1 (2008)
Publisher : Fakultas Hukum Universitas Gadjah Mada

The research concludes that the type of land rights given to transmigrant is not accordance with the provisions in the Act no. 15 of 1997 on Transmigration. According to this Act, the type of land for transmigration is an ownership right. Meanwhile, the type of lands on Ring I Transmigration is right to utilize the land. This is because the land is owned by Paku Alam (Paku Alam Grond/Paku AlamGround). The Staffs at Pakualaman will issue a licensing letter to the tranmigrants for using the lands. The lands in original place of transmigrants is still owned by them. Apart from difficulties faced by transmigrants, most respondents are satisfied with the Ring I Transmigration . However, they hope the local government can provide them a stronger type of land right, the owner right. They also hope that the government can establish more facilities in the transmigration areas , such as road, electricity and agriculture equipments.

PENGAMBILAN FOTO COPI MINUTA AKTA DAN PEMANGGILAN NOTARIS Djoko Sukisno
Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada Vol 20, No 1 (2008)
Publisher : Fakultas Hukum Universitas Gadjah Mada

The main problem of this paper is what can be used as limitation of Majelis Pengawas Daerah Notaris in implementing Article 66 Regulation Number 30 in the year of 2004 about Notaris Position especially in civil court ? The conclusion of this paper is the answer of the problem. The agreement given to the judge to take photocopy of the deed if there is not copy of the deed of there is a doubt toward the copy of the deed, and the agreement to call Notary by the judge can be given if it is related to official certificate ; the material of the certificate still needs witness form Notary as expert witness or Notary plays as the defender.

PROBLEMATIKA PERMOHONAN GRASI MENURUT UNDANG-UNDANG NOMOR 22 TAHUN 2002 Niken Subekti Budi Utami
Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada Vol 20, No 1 (2008)
Publisher : Fakultas Hukum Universitas Gadjah Mada

According to executor attorney opinion, no time limit for application clemency, it wills be performing deep constraint on dead punishment execution. Execution of dead punishment also constraint by rule that allows criminal to propose the second clemency application. This constraint still is added by condition that second clemency application is two years of first clemency rejection. Meanwhile according to criminal lawyer reception, with no rule upon, constitute a advantage by criminal dead, since it can propose clemency without time limit for first clemency application and also second application, so execution could be delayed. At Yogyakarta court since year 2002 until now there is no criminal propose clemencies. It is caused, firstly, certain verdict type that could be requested for clemency, secondary by apply clemency cause dead sentence is no postpone except for dead verdict, thirdly most criminal on narcotic and drug abuse case was pleased with first grade verdict.

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