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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 12 Documents

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Search results for , issue "Vol 20, No 3 (2008)" : 12 Documents clear

RELEVANSI KEIKUTSERTAAN INDONESIA DALAM INTERNATIONAL REGISTRATION OF MARKS MADRID SYSTEM MELALUI RATIFIKASI MADRID PROTOCOL TERHADAP POTENSI PENINGKATAN DAYA SAING BANGSA INDONESIA DI BIDANG PERDAGANGAN INTERNASIONAL Irna Nurhayati; Agustina Merdekawati
Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada Vol 20, No 3 (2008)
Publisher : Fakultas Hukum Universitas Gadjah Mada

Protection of marks is relied on first to file principle, which means that mark protection will only be given by registration. The marks registration can be done through both national and international registration. The Madrid Protocol is an international marks registration within Madrid System, which is one of several international marks registration systems in the world. Indonesia now is still studying the benefits and detriments that would be reached if it joined in the Madrid Protocol. The research found that, first; the Madrid Protocol has both advantages and disadvantages. Second; Indonesia would gain much benefit by joining in this system. However, many things should be prepared well in order to minimize the detriment that would occur.

KOMISI PENGAWAS PERSAINGAN USAHA DALAM PENEGAKAN HUKUM PERSAINGAN USAHA Alum Petronella Simbolon
Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada Vol 20, No 3 (2008)
Publisher : Fakultas Hukum Universitas Gadjah Mada

Act Number 5 of 1999 concerning Prohibition of Monopoly Practices and Unfair Competition has enacted in 2000. To supervise the enactment of the Act, the Commission of Business Competition (KPPU) was established. KPPU is an independent institution. The member of KPPU are appointed by President with approval of legislature. In performing its duties, KPPU is responsible to President. The Legal Status of the institution in performing both its duties and authority was clearly regulated in Article 35 and 36 of the Act. According to the Article 35 of the Act, the duties of the institution include performing the valuation of agreement resulting in monopoly practices and of whether or not there is dominant position abuse; providing government with recommendation and consideration in policies related to the monopoly practices and the unfair business competition; conducing investigation and/or inspection on the presumptive case of monopoly practices; inspecting the related proof instrument; deciding and stipulating whether or not there loss in one of the related business subject; informing the commission’s stipulation to the business subject that violated the stipulation of the Act.

ALIRAN SESAT DALAM PERSPEKTIF HUKUM PIDANA ISLAM DAN HUKUM PIDANA NASIONAL Yulkarnain Harahab; Mr. Supriyadi
Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada Vol 20, No 3 (2008)
Publisher : Fakultas Hukum Universitas Gadjah Mada

The disseminator and participant of deviant’s sects can be accused as an “apostate” or “murtad”. They have committed “hudud crime” or “jarimah hudud” and can be punished by death sentence or subsidiary sanction. Nevertheless, the sanctions cannot be implemented because Indonesia is not Islamic state. There is no law enforcement towards the participant of deviant sects. But, they are only requested to be mass repented. The argumentation is that the participants of deviant’s sects are only a victim, so the process of law enforcement must be adjusted to the leader or disseminator of deviant sects.

TINJAUAN YURIDIS MENGENAI PERDAGANGAN ORANG DARI PERSPEKTIF HAK ASASI MANUSIA Yohanes Suhardin
Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada Vol 20, No 3 (2008)
Publisher : Fakultas Hukum Universitas Gadjah Mada

Indonesia have regulated the trafficking since the Criminal Code (KUHP) era, the Act 39 of 1999 concerning Human Rights, the Act 23 of 2002 about Protection Child until currently we have the Act 21 of 2007 concerning Trafficking in Persons. However, the trafficking in persons cases increase dramatically and the law enforcement of trafficiking in persons was not function well. There are caused by some factors such as: the lack of sanction, the lack awareness of society, lack socialization of Trafficking in persons, and lack of victim awareness reporting the trafficking in person’s case to the police. From the social perspetive, the poor condition of the victim also become crusial factor caused weak of the law enforcement of trafficking in persons. Trafficking in persons in reality is not only breaking the Act 21 of 2007 and others trafficking in persons regulation but also tend to against the principle humiliated standard and human dignity and against of the human rights.

TINJAUAN TERHADAP RENCANA PENERAPAN PAJAK LINGKUNGAN SEBAGAI INSTRUMEN PERLINDUNGAN LINGKUNGAN HIDUP DI INDONESIA Dahliana Hasan; Dinarjati Eka Puspitasari
Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada Vol 20, No 3 (2008)
Publisher : Fakultas Hukum Universitas Gadjah Mada

Research on “an analysis on Indonesia’s Environmental Tax Planning as an instrument of Environmental Preservation” is a normative research which has objectives to know the concept of environmental tax which is offered by Indonesian Government and to obtain a clear description whether it is a better concept or not which can be used to decrease environmental degradation. Data in this research were obtained through field research and library research. The field research was carried out by using interview guidance, whereas the library research was done by documentary study by way of collecting and analyzing selected laws and regulations, books, articles and other documents which were relevant to the research. All data were analyzed qualitatively. The result showed that the objective of the concept of environmental tax, offered by Indonesian government, is to decrease environmental degradation as a result of production process. Basically, the concept is a better instrument to preserve the environment, however, it should be reviewed especially on determining the taxpayer’s criteria, the tax rate and the budget earmarking in order to be applicable and to have no burden toward the industry itself. Now, it will be wise to rely on other policies to handle the environmental problems in Indonesia such as CSR, performance bonds, AMDAL and UKL-UPL, even though some weaknesses have also found on those policies.

PEMBANGUNAN HUKUM SUMBER DAYA AIR SUNGAI YANG BERBASIS KEARIFAN LOKAL: PELUANG DAN TANTANGANNYA Mr. Sulastriyono
Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada Vol 20, No 3 (2008)
Publisher : Fakultas Hukum Universitas Gadjah Mada

This article aims to discuss the opportunity and challenge in the development of river water resources law as a consequence of population growth, development, and technology advancement. Fast growth on water needs induces the growth of economic value of water, rather than its social values. This condition potentially causes of conflict interests among sectors, among regions and among various stakeholder related to water resources management. The management of river water resources can be perceived as an opportunity as well as a challenge. The quantity and the potential of water which is abundant in Indonesia to use water resources optimally. However, the development of river water resources law still faces some challenges, namely institutional obstacle, legal system and culture. Globalization in the free market economic order must be faced by Indonesia in its efforts to develop law on the management of river water resources. Privatization in the management of river water resources led to the increase of the role of private sector in pursuing economic benefits. It is feared that privatization will limit the community access to water resources and will make the price of water is more expensive. An integrated law development of river water resources based on local wisdom is an alternative guarantee the community access and the sustainability of the availability way to river water resources.

THE IMPACT OF THE WTO RETALIATION FROM THE PERSPECTIVE OF HUMAN RIGHTS LAW Intan Innayatun Soeparna
Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada Vol 20, No 3 (2008)
Publisher : Fakultas Hukum Universitas Gadjah Mada

World Trade Organization (WTO) dispute settlement system through Panel and Appellate Body, allows sanction to be imposed when a member is unwilling to bring a WTO-inconsistent trade measure into conformity. According to the Article 22 of Dispute Settlement Understanding (DSU), if in a certain case WTO Panel finds a party has failed to make new policy in compliance with the WTO rules, the aggrieved party is entitled to obtain retaliation. The WTO retaliation emerges negative impact for some countries in particular developing or small economic countries. This impact denotes the violation of international human rights law, particularly economic rights that stipulate in Universal Declaration of Human Rights (UDHR), International Covenant on Civil and Political Rights (ICCPR), and the International Covenant on Economic, Social and Cultural Rights (ICESCR). This paper explains the impact that arises when WTO retaliation is imposed to a country whether a developed or developing country, from the perspective of international human rights law.

EKSISTENSI LEMBAGA BANTUAN HUKUM (LBH) DALAM MEMBERIKAN LAYANAN HUKUM KEPADA MAYARAKAT DI KABUPATEN GORONTALO Nirwan Yunus; Lucyana Djafaar
Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada Vol 20, No 3 (2008)
Publisher : Fakultas Hukum Universitas Gadjah Mada

The research about the existence legal aid institute in give to public service in Gorontalo regency is normative legal research. Guarantee to protection of human right for every people is absolute required in a state claiming to rule of law. The of legal aid institute is not only functioning assists or holds a brief for weak small people faces a law process especially jurisdiction process, but the legal aid institute to become pioneer and master mind various modernity is including law of recondition. Be hinge give service of legal aid to public lacked, the legal aid institute to have ambition for educate public in the broadest possible meaning with a purpose to grow and constructs awareness of rights as law subject. The result of research in field existence legal aid institute in Gorontalo regency to be proved less play role in law enforcement and rule of law. This thing is provable from various cases happened entangling indigent public unable to get attention compared to cases entangling man is residing. The data in field is found by many cases people indigent, has not entangled legal aid institute and or the advocates.

PENATAAN RUANG LAUT BERDASARKAN INTEGRATED COASTAL MANAGEMENT Dina Sunyowati
Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada Vol 20, No 3 (2008)
Publisher : Fakultas Hukum Universitas Gadjah Mada

The planning of coastal spatial arrangement must be put in the valid spatial planning system. Law Number 26 of 2007 on Spatial Planning and it is in fact related with land spatial planning, although that ocean and air spatial management will be arranged in separate law. The legal for coastal zone management is determined by using the principles of integrated coastal management by focusing on area or zone authority system. The integrated of coastal zones management regulations should be followed by the planning of coastal spatial arrangement. Therefore, certain synchronization at coastal zones governance is very important issue since by integrating and coordinating other related regulations and therefore conflict of norm can be minimized in the spatial planning coastal zone.

PERLINDUNGAN HUKUM TERHADAP HAK PEMULIA TANAMAN ATAS PRODUK TANAMAN HIBRIDA SEBAGAI BAGIAN DARI HAK KEBENDAAN Mr. Hariyanto
Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada Vol 20, No 3 (2008)
Publisher : Fakultas Hukum Universitas Gadjah Mada

The law protection towards plant breeder upon plant hybird product aims to shove the spirit and creativity in plant breeder field, with the result that the society needs of high yielding variety can be fulfilled. IPR related to the right of goods which its proprietary can be shifted. IPR as the incorporeal moving things which immaterially or intangible refers that this right of goods gives pleasure or can be a guarantee, either in a pawning regulates in Civil Law book or fiduciary regulates in Law Number 42 Year 1999 concerning Fiduciary Security. According to Law Number 29 Year 2000 concerning The Law Varity Protection, there are 3 (three) form of law protection that can be achieved by the plant hybrid breeder. First, the temporary law protection is given until the right has given since the plea submission is completed and accepted by the Head Office of Plant Variety Protection. Second, if the inquiry result of that variety is appropriate to the law regulation, the right would be given through the approval of the Plant Variety Protection conferral. It is given in the form of certificate. Third, having the certificate of Plant Variety Protection right shows that the protection of plant variety includes in Intellectual Property Right. IPR is incorporeal moving things related to the property rights adhered to its proprietor. The consequence is the proprietor of the plant variety protection has the right to make use of the production of its plants or to give an agreement to other party or corporation to make use of it. The research result also shows that the obstacle in the implementation of the plant breeder protection comprises normative, political, economical, and psychological obstacles. IPR as incorporeal moving things contain substantive characteristic which can be in care of material guarantee. Therefore, the material guarantee can be in care of IPR is fiduciary guarantee and pawning.

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