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Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada

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Published by Universitas Gadjah Mada

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Law, Crime, Criminology & Criminal Justice

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Articles 13 Documents

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Search results for , issue "Vol 20, No 2 (2008)" : 13 Documents clear

PENINDAKAN ILLEGAL FISHING DAN PERJANJIAN BILATERAL BIDANG PERIKANAN DENGAN NEGARA TETANGGA Ms. Koesrianti
Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada Vol 20, No 2 (2008)
Publisher : Fakultas Hukum Universitas Gadjah Mada

Indonesia is the biggest maritim state in the world as two third of its area are ocean. In order to maximized its fisheries products, Indonesia has some policies regarding to the management of its waters, including eradicating illegal logging and reforming bilateral agreements with some neighbor countries. This policies, however, appear to be not yet optimal. The government in 1985 has ratified the UN Convention on the Law of the Sea (UNCLOS) 1982 with the Act 17/1985. However, up to now, Indonesia has not ratified yet the United Nations Fish Stocks Agreement 1995 and the 1993 Compliance Agreement as the continued arrangements of UNCLOS 1982. Indonesia should conduct such ratification in order to optimize the Indonesian fisheries industry in which its natural resources, whether living or non-living can be explored and exploited. This is crucial as fisheries industries can provide fish stock as alternative healthy food for the people in Indonesia.

PERUBAHAN SOSIAL KEDUDUKAN DAN PERAN MAMAK TERHADAP ANAK DAN KEMENAKAN DI RANAH MINANG Sri Natin
Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada Vol 20, No 2 (2008)
Publisher : Fakultas Hukum Universitas Gadjah Mada

The result of this research proved that origin of mother’s position and role is very closed to the child and nephew/niece because the cultural concept based on equality of status among human being makes the harmony of life between man and woman. Because of the position of sumondonese is not as high as one in community of Patriarkhi to encourage obtaining child (quality of self competence of knowledge and science) by wandering. The social change of mother’s position and role is likely caused by 2 reasons; Different view of phenomenon that nature must change, time must rotate and experience is a teacher. Change of father’s position as sumondonese (the honor guest) becomes a father in family of Batih. The improvement of education and social status of nephew/niece, some mothers feel reluctant to guide the nephew/niece. Less intensity of relation is caused by far distance of residence, meanwhile the economic condition is very limited, caused by mother’s various activities as well. Change of relative member’s behavior is caused by lack of attention and care or mother may be sel. sh, therefore the faithfulness of nephew/niece decreases.

EKSISTENSI “THE TRIPS SAFEGUARDS” DI DALAM PERJANJIAN TRIPS: DALAM PERSPEKTIF KESEHATAN MASYARAKAT Tomi Suryo Utomo
Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada Vol 20, No 2 (2008)
Publisher : Fakultas Hukum Universitas Gadjah Mada

Developing countries believe that the TRIPS Agreement gives more benefits to pharmaceutical companies of developed countries and prevents access to cheaper and affordable drugs. A reduction of drug prices has occurred when developing countries applied safeguards, such as parallel imports and compulsory license. The effort to enact safeguard legislation has resulted in US legal action, such as the dispute between the US government and the Brazilian government when Brazil considered the adoption of compulsory license. Another example was a dispute between big pharmaceutical companies and the South African government in its plans for adoption of parallel imports and compulsory license. These disputes demonstrate that the TRIPS safeguard articles are weak and meaningless because the interpretation of those articles has favored the developed countries’ perspectives.

KONTRAK STANDAR: ANTARA PRINSIP KEHATI-HATIAN BANK DAN PERLINDUNGAN NASABAH DEBITUR Paripurna P. Sugarda
Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada Vol 20, No 2 (2008)
Publisher : Fakultas Hukum Universitas Gadjah Mada

The existence of standard contract or standard agreement are something that we have to accept. It might be an efficient, practical, fast and effective way for business people. It can bring many advantages, particularly for a mass production of contract which requires a standard for such contract. On the other side, consumer for instance, it is an option which less favorable since he has to decide which option he is going to take it or leave it. Therefore, on a standard contract, the less the chance for opposite party to negotiate or to amend any clauses on such contract. This paper will answer three question, that is, the first, how does Indonesian law implement prudential principle in loan contract. The second, why does standard contract has many weakness. The third, how does Indonesian Banking implement prudential principle on standard contract which they make.

STATUS TANAH–TANAH KESULTANAN TERNATE DALAM PERSPEKTIF TANAH NASIONAL Masyhud Asyhari
Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada Vol 20, No 2 (2008)
Publisher : Fakultas Hukum Universitas Gadjah Mada

Dispute on kingdom’s land (tanah swapraja) or ex-kingdom’s land emerged signi.cantly after the reformation era, such as at Deli Serdang Regency, Cirebon Municipality, Yogyakarta and also at Ternate. At Ternate, there has not been found the references that analysing the dispute on Ternate Kingdom’s land. The objectives of this research are to find out land law system on the Kingdom of Ternate, and the solution had been done to solve land problem on the Ternate Kingdom after the enactment Act No. 5 Year 1960 (UUPA). The results indicate that Ternate Kingdom has it own system of land law. Furthermore, the way of solution have been done by Government to settle kingdom’s land are slightly different between Ternate Kingdom with the other Kingdoms arround Indonesia.

PENYELESAIAN SENGKETA BISNIS MELALUI ONLINE DISPUTE RESOLUTION DAN PEMBERLAKUANNYA DI INDONESIA Bambang Sutiyoso
Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada Vol 20, No 2 (2008)
Publisher : Fakultas Hukum Universitas Gadjah Mada

This paper is an attempt to discuss some issues concerning of business settlement via Online Dispute Resolution (ODR), Online Arbitrate Agreement, Online Arbitrate Procedure, Online Arbitrate Judgment, and examining the practice of the ODR in Indonesia. This description is an attempt to give comprehensive view about ODR and how the law will be used to mediate the civil dispute using the Internet media and alternative possibility resolve civil conflict in the Indonesian society. In the future, this discussion will open a new way in facilitating Indonesian people, especially that are seeking the justice provision, in the resolving their dispute using via the ODR.

PENERAPAN PIDANA PEMECATAN TERHADAP ANGGOTA TENTARA NASIONAL INDONESIA SEBAGAI PELAKU TINDAK PIDANA Mr. Supriyadi
Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada Vol 20, No 2 (2008)
Publisher : Fakultas Hukum Universitas Gadjah Mada

The judge basic consideration in condemning discharge sentence can be seen from the crime which is committed by military and its effect to the name of Indonesian National Armed Forces (TNI). When the crime which is committed by military gives negative effect to the norm of TNI, so it can be used as a basic consideration to give discharge sentence. Besides, it can be seen from the status of the military who committed a crime. When the military did a crime repeatedly, it can be used as a basic to give a discharge sentence. The existence of discharge sentence still need to be taken care in the future to give deterrent effect to the military. The regulation of discharge sentence in KUHPM must be separated with Civil Penal Code (KUHP) in separated codification. In the future, KUHPM has to formulize explicitly about criteria in discharge sentence application to military as an offender.

MODEL PENYELESAIAN SENGKETA LINGKUNGAN MELALUI LEMBAGA ALTERNATIF Mr. Absori; Khuzaefah Dimyati; Kelik Wardiono
Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada Vol 20, No 2 (2008)
Publisher : Fakultas Hukum Universitas Gadjah Mada

Resolving environmental dispute through court litigation often ends up with failure. As a consequence, society in ccoperation with Non-Governmental Organization (NGO) and environmental organization prefer to use Alternative Dispute resolution (ADR) to reslove environmental dispute. In this regard, mediation is often chosen by the parties as it promotes a “win-win solution”. Moreover, mediation offers efficient, cheap and fast dispute resolution process. However, Indonesian law has not adequately accomodated the use of ADR in environmental dispute. As a consequence, the problem of legal certainty often come up. In order to overcome this situation, it is important to develop a mediation process that ensures the legal certainty for both of the disputants. This can be done by developing a mediation forum which is legalized by court.

PRINSIP HUKUM KONTRAK DALAM LISENSI MEREK Agung Sujatmiko
Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada Vol 20, No 2 (2008)
Publisher : Fakultas Hukum Universitas Gadjah Mada

Trademark rights is an exclusive right. This exclusive right covers two things that are right to use the trademark and right to give license to other people to use trademark. Therefore, one method to use other peoples trademark securely and legally is by concluding a license agreement. A license agreement is a contract which is concluded by licensor and licensee, followed by the payment of royalty, which has to be paid by licensee to the licensor. The licensee agreement regulates rights and duties of the parties. This agreement has to be registered to the Directorat General Intellectual Property Rights (DG IPR) Department of Law and Human Rights. If it is not registered, this agreement has no legal effects. As a contract, this agreement has to based on contract principles, such as : freedom of contract; consensualism; pacta sunt servanda; equity; profit of contract and good faith.

PELAKSANAAN TAX COMPLIANCE DALAM UPAYA OPTIMALISASI PENERIMAAN PAJAK DI KOTA YOGYAKARTA Dahliana Hasan
Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada Vol 20, No 2 (2008)
Publisher : Fakultas Hukum Universitas Gadjah Mada

The result showed that tax compliance was not internalized yet within taxpayerself either individual or corporate. This was proven by failing to fulfill the cumulative tax compliance criteria. There were some supporting factors of tax compliance such as tax socialization through radio and newspapers and a new taxpayer would be invited to follow the seminar on taxation every 25th permonth, however, there were also some obstacle factors either done by fiscus (government) or done by taxpayers which have made tax compliance could not perform well. As a consequence, the optimum tax revenue in Yogyakarta could not be reached.

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