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Jurnal Jatiswara
Published by Universitas Mataram
ISSN : 0853392X     EISSN : 25793071     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jatiswara adalah jurnal peer-review yang diterbitkan oleh Fakultas Hukum Universitas Mataram, merupakan Indonesian Journal of Law sebagai forum komunikasi dalam studi teori dan aplikasi dalam Hukum Berisi teks artikel di bidang Hukum. Tujuan dari jurnal ini adalah untuk menyediakan tempat bagi akademisi, peneliti, dan praktisi untuk mempublikasikan artikel penelitian orisinal atau ulasan artikel.
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Articles 7 Documents
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Search results for , issue "Vol 26 No 2 (2011): Jatiswara" : 7 Documents clear
Aspek Yuridis Dan Prosedur Pembebasan Hak Atas Tanah Untuk Pembangunan Kepentingan Umum Sarkawi -
Jatiswara Vol 26 No 2 (2011): Jatiswara
Publisher : Fakultas Hukum Universitas Mataram

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Abstract

Execution liberation land right for development base on public interest must be on procedure that commended on law and regulation especially related by liberation to land right for development base on public interest. One of law and regulated are UUPA number 5 year 1960 as the top of regulated about land and as the main gate of human right to land right, beside that many regulation that related to liberation land right for execution development base on public interest. In the contex of requirement of land are relation closely by legality of pallet ownership that oftenly make problem on practice especially in processes for liberation to right land for exeploited development base on public interest, the social right in mastered land and perpetrator development oftenly use development mission for publict interest that forgetting the mean of welfare and social need. Therefore the fact in execution liberation land right must be done by deliberation of general consensul among owner of land with the government, so will be doing by applicant of land liberation, before that the land will be analysis with suitable development creteria by Bappeda and than inviting land owner to look for the suitable price without to prejudicate the right owner of land and than payed according wide of the land.
Otentisitas Akta Yang Dibuat Oleh Pejabat Pembuat Akta Tanah (PPAT) Ditinjau Dari Perspektif Hukum Perdata Zaenal Arifin Dilaga
Jatiswara Vol 26 No 2 (2011): Jatiswara
Publisher : Fakultas Hukum Universitas Mataram

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Abstract

Authentic official document as the prima-facie evidence instrument has important role in each legal relation at social life, either in business relation, banking activity, land affair, social activity, and so on. The necessary on written evidence such as authentic document is more increase in line with the need progress of legal certainty in several economic and relations either in national, regional or local level. PPAT is as General Official that provided an authority to make the authentic documents of certain legal deed about rights of land or the owner rights of condominium unit. The authority is provided according to Government Regulation Number 37 Year 1998 about Occupation Regulation of PPAT (Making Official of Land Document). But recently, it has been happened the most interesting controversy when to be issued the Acts Number 30 Year 2004 about Notary occupation, because in the acts is decelerated that notary as a general official that has authority to make the authentic document and he other authorities such as regulated in this acts. The other authorities consist of authority of making document that related to land affairs. The big question, what is authentically of land document that is made by the notary. This article explains as compendiously about how to authentically of land document that to be made by PPAT.
Penggunaan Syarat Ketertiban Sebagai Dasar Pembatalan Putusan Arbitrase Internasional Di Indonesia Diangsa Wagian
Jatiswara Vol 26 No 2 (2011): Jatiswara
Publisher : Fakultas Hukum Universitas Mataram

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Abstract

The research aims to study the competence of the District Court of Central Jakarta to annul the arbitration award of Geneva, and whether the judgment of the District Court of Central Jakarta annulling the arbitration award of Geneva is relevant to the existing law of arbitration in Indonesia. The research is juridical normative, i.e., using library research to obtain secondary data in the field of law and using field research for support. Therefore, it uses two types of data: primary data from interview with resource persons and secondary data from library research by means of document study on the primary, secondary, and tertiary legal materials. It uses qualitative method to analyze the data. The research reveals, according to the Arbitration Law No. 30 of 1999, Regulation of the Supreme Court No. 1 of 1990, Rules of International Centre for Settlement of Investment Disputes, and New York Convention 1958, that the District Court of Central Jakarta has no competence to annul the arbitration award of Geneva. The use of public policy as ground for annulment of arbitration award of Geneva by Forum of District Court of Central is not correct because public policy is not found, ether in Rules of International Centre for Settlement of Investment Disputes or New York Convention 1958, as ground for annulment of arbitration award. Besides, public policy provided in the Arbitration Law No. 30 of 1999, Regulation of The Supreme Court No. 1 of 1990, and New York Convention 1958 is not related to the annulment of international arbitration award but the refusal and enforcement of international arbitration award. Nevertheless, Forum Court's interpretation toward public policy is correct because such interpretation is not based on assumption but on the fact that the enforcement of arbitration award of Geneva violates the Presidential Decree No. 39 of 1997 and No. 5 of 1998, as well as the monetary crisis threatening Indonesian prosperity.
Tauhid Sebagai Norma Dasar Hukum Ekonomi Islam Supardan Mansyur
Jatiswara Vol 26 No 2 (2011): Jatiswara
Publisher : Fakultas Hukum Universitas Mataram

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Abstract

As a core of the Islamic faith, tauhid is a basic principle for all of the Muslim behavior. It must be followed in all aspects of the Muslim life including in economic acitivities. This mean that all activities in economic field must comply with tauhid concept This concept may be found or inferred from al Qur’an and Sunnah as the primary sources of Islamic law, and ijtihad as the secondary one. Paralel to this concept there are some values that may be used in developing behavior standard in human life. These values may support ijtihad (legal reasoning) in developing Islamic law in general and economic law in particular to find new instrumens and institution of Islamic Economic Law.
Pembangunan Pariwisata Dan Implikasinya Pada Pola Penguasaan Tanah Dalam Masyarakat Di Kawasan Bisnis Pariwisata Sahnan -
Jatiswara Vol 26 No 2 (2011): Jatiswara
Publisher : Fakultas Hukum Universitas Mataram

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Abstract

Many states in the world begin to develop the tourism business, because in this sector is not susceptible on economic fluctuation. The development of tourism business is seductive enough, because it can increase the state devise such as Indonesia, the devise income in the tourism sector is number 2 after petroleum (oil and natural gas). However in empirical level, the implementation of development in tourism sector is still not running such as expected. It is seen that in the development of tourism sector not to be equilibrated with the empowerment of society so that, it cause the society become empathic. And also the applied regulations are still overlapping, complicated bureaucracy, and still not serious the investors to implement the effort in tourism sectors. The development of tourism that is conducted by government exactly more orientate to increase the economic growth and more support the capital owners than society interest. Actually, the society has owned the land hereditarily long time ago according to the customary law, but they are not recognized by government as the legal owner, because the ownership is not based on written evidence such as land certificate. And also several rights of land that have ever issued by government is declared not legal during the existence of rights annoy the tourism development implementation.
Eksistensi Masyarakat Hukum Adat Dalam Pengelolaan Hutan Prespektif Undang-Udang N0mor 41 Tahun 1999 Muhammad Saleh
Jatiswara Vol 26 No 2 (2011): Jatiswara
Publisher : Fakultas Hukum Universitas Mataram

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Abstract

The forest resources must be save for prosperity the people like in section 33 UUD. The basic rules of benefit forest in Indonesia have be meaning in section 33 article 4 to all the citizenry. UU No 5 1967 about Ketentuan-Ketentuan Pokok Kehutanan have meaning the purpose close by timber management but not just aspiration all of a pattern in the forest management or ecosystem management which accomodation all aspect social culture although economic and continue environmental conservation. Almost all of the places in Indonesia have traditional law like open the forest for agricultural business and the others. Who herds livestock, persecution wild animal and take agricultural produce. And all the area of the forest manage eternal with society traditional law be income their life with all of the ability
Judicial Review Di Mahkamah Agung Ratna Rumingsih
Jatiswara Vol 26 No 2 (2011): Jatiswara
Publisher : Fakultas Hukum Universitas Mataram

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Abstract

In Indonesia, the legal arrangements concerning judicial review into a matter that seriously debated since the founding fathers talked about the constitution that will apply when Indonesia has been independent. Whether to include or not judicial review in its constitution. The Supreme Court has the authority to test the material only to the laws and regulations under the legislation, Article 31 of Law No. 14 of 1985 on the Supreme Court and Article 26 of Law No. 14 of 1970 Law No. jo. 31 of 1999 on the provision on the Fundamentals of Judicial Power. The right test is materially against the law is an authority given to the judiciary to examine whether a regulation does not conflict with higher regulations. This authority is given to the Supreme Court so that regulations made by the legislature and executive can be tested whether or not in accordance with the rules is higher. The authority of the Supreme Court in a right to test the material against the legislation is limited to the regulations under the statute.

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