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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.
Arjuna Subject : -
Articles 6 Documents
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Search results for , issue "Vol 26 No 3 (2011): Jatiswara" : 6 Documents clear
Kebijakan Perencanaan Tata Guna Tanah Berbasis Lingkungan Hidup Arba -
Jatiswara Vol 26 No 3 (2011): Jatiswara
Publisher : Fakultas Hukum Universitas Mataram

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Abstract

Land is the most strategic natural resources and has an essential role in human life, therefore the preparation, allotment, and utilization of the land should to be planed well and aright in other to have the most benefit for the prosperity of the most society. The planning, preparation, allotment, and utilization the land is conducted to regulate of mastery and ownership and utilization of land by person, corporation or a group of society, so that it is regulated and not prejudiced each other. The regulation of land by government base on some instruments of law consist of: Article 33 section (30) UUD 1945, UUPA (Agrarian Acts) Article 6, 14, and UUTR (Space Regulation Acts) Number 24 Year 1992 that to be changed with UUTR Number 26 Year 2007; UULH (Environmental Acts) Number 4 Year 1982 that to be changed with UUPLH (Environmental Management Acts) Number 23 Year 1997, and to be changed anymore with UUPPLH (Environmental Management and Protection Acts) Number 32 Year 2009; and PP (Governmental Regulation) Number 16 Year 2004 about the Land Use Planning. The management of lands use planning base on the cohesiveness principle, empower and efficiency principle, harmonization and equal principle, sustainable principle, transparency principle, and equality, fairness and protection of law principle. The relevance between land use planning and environment is that, the planning, preparation, allotment, and utilization of land really have to pay attention many aspects, either the aspect of personal or society interest, aspect of maintenance and preservation of natural resources itself, or aspect of protection and preservation of Environment.
Faktor Penyebab Terjadinya Kekerasan Dalam Rumah Tangga Dan Upaya Penanggulangannya Elly Kurniawati
Jatiswara Vol 26 No 3 (2011): Jatiswara
Publisher : Fakultas Hukum Universitas Mataram

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Abstract

In practice pukum enforcement in Indonesia, the rules of law which are used in penangulangan domestic violence is not just limited to the provisions in the Book of Criminal Law (Penal Code) and Act No.. 23 Year 2002 on Child Protection. As for the articles about crime in the Penal Code which can be used against perpetrators of domestic violence are the provisions that define the special requirements to be the occurrence of criminal acts such as the relationship of father and son or mother and child, as well as the articles that are not determine the presence of these special requirements. Some of the acts that included the scope of domestic violence and has been formulated as a criminal act in Article 304-309 of the Criminal Code is that it formulates a crime against children, Article 356 Paragraph 1, which regulates criminal acts against women as a wife who is only limited to physical violence. Article 285-296 of the Criminal Code governing rape and lewd acts, not fully accommodate other forms of sexual violence and other forms of outside approval. The violence causes violence in the household is the economic factor, namely the demands of subsistence resulting in frequent occurrence of violence, excessive jealousy of the wife or husband, excessive emotions or the hardness of the husband to his wife, a view which assumes that men males higher degree than women. Besides the lack of legal knowledge as well be the cause of domestic violence as for prevention efforts undertaken is an effort perfentif and prevention efforts are refresif namely prevention efforts undertaken after the occurrence of criminal domestic violence.
Pembebanan Jaminan Fidusia Dan Akibat Hukumnya Sahruddin -
Jatiswara Vol 26 No 3 (2011): Jatiswara
Publisher : Fakultas Hukum Universitas Mataram

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Abstract

In mantaining the sustanablity of the developement, the actors of the developement either private person or legal entity need huge funds. To fulfill this need, it reqiures the existance of a monetery institue, either a banking or non-banking institute, which could provides capital loans or fundings on fiduciary mortgage loan. Fiduciary mortgage loan is frequently being used by debtors becouse this kind of mortgage loan comes with a lot of advantages. One of those is that the object of fiduciary mortgage loan is not required to be delivered and held by creditor, so that debtor could still make use it to runs his/her business. Problem formulation of this research as follows: how to burden a thing with fiduciary mortgage loan under the Fiduciary Mortgage Law 2). Is there any legal certainty in burdening a thing with fiduciary mortgage loan?. This research is aiming to find out how to burden a thing with fiduciary mortgage loan under the Fiduciary Mortgage Law, and whether there is any legal certainty in burdening a thing with fiduciary mortgage loan. This research used a juridical normative approach. It uses qualitative data obtained through library research. Data collecting in this research is carried out through documentary research. To analyze the data in this research, it uses descriptive-qualitative analysis. The research results reveal that the process of burdening a thing with fiduciary mortgage loan is carried out through two phases which are consist of burdening phase and registration phase. Burdenig phase is carried out through notarial deed. As for registration phase is carried out at the office of the fiduciary mortgage registration in the judicial departement office. The legal certainty form of notarial deed of burdening a thing with fiduciary mortgage loan is not only reflected through notarial deed but also the emergency of preferen right for the fiduciary mortgage holder (creditor) and the object of fiduciary mortgage loan is easy to execute.
Tugas Dan Wewenang Majelis Permusyawaratan Rakyat Republik Indonesia Menurut Uud Ri 1945 Perubahan/Amandemen Rusnan -
Jatiswara Vol 26 No 3 (2011): Jatiswara
Publisher : Fakultas Hukum Universitas Mataram

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Abstract

Before the reformation, the authority of People’s Advisory Assembly of Indonesia Republic (MPR-RI) given by the 1945 Constitution was so centered only to this institution, that there was not check and balance among the structures of state institution that enables for democracy. The reformation spirit, starts an effort to do restructuring in the state institutions, especially, MPR. It aims to minimize or limit the duty and authority of MPR in order to achieve democratic atmosphere and give the priority to checks and balances and to resume the people’s power fully to the people’s hand. This was based on the consideration that this research attempted to find out the norms and legal theory about the existence of MPR authority. according to the new the 1945 Constitution, MPR was changed from the highest state institution to be equal to the other state institutions (DPR, DPD, President, BPK, and the Institution of Justice, namely, MK MA, and KY). The MPR authority was limited in three main cases: changing and deciding Constitution (Article 3, subsection (1)); second, administering President and/or Vice President (Article 3, subsection (2)); and third, dismissing President and/or Vice President in the period of their position according to Constitution (Article 3, subsection (3)). Thus, MPR did not elect and administer President but it just inaugurates President. This direct Presidential election gave the effect that the President is responsible to the people directly, not to MPR. The Duty of MPR, which also decides on the GBHN, was removed because in this system the President made the programs him self, not made by MPR.
Efektifitas Kebijakan Pemekaran Wilayah Terhadap Peningkatan Pelayanan Publik Rahmawati Kusuma
Jatiswara Vol 26 No 3 (2011): Jatiswara
Publisher : Fakultas Hukum Universitas Mataram

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Abstract

The Principle of local autonomy using the principle of broad outonomy.in the sense the area is given authority to manage and regulate all the affairs of goverment into the affairs of goverment beyond that specified in the law number 32 of 2004 on regional goverment. Region expansion is intended to realize the welfare of the community in the area and improve local democracy, and improve the effectiveness of public service in fact deviated from the purpose. lot of probem that arise in the expansion area, ranging from the problem associated with the legislation until at such implementation. But region expansion continues to flow and seem difficult dammed either by local goverment (parent) and goverment (interior ministry) parliaments and council representative also indicated that the space of regional area. Its not just a matter of goverment administration but also including with economic, political, including strong political dimension in the expansion area. It is therefore important to have a grand design the arrangement of the regions, associated with the central goverment,s role in controlling the formation of new outonomous regions in order to achieve the goals of ethablishing a new area,which realize the objectives of regional autonomy both political goals, economic and objectives of the central goverment and area.
Perlindungan Hak Atas Pendidikan Bagi Masyarakat Adat Terpencil Dari Perspektif Undang-Undang No. 20 Tahun 2003 Tentang Sistem Pendidikan Nasional Di Dusun Rengga Desa N’toke Kecamatan Wera Kabupaten Bima Kafrawi -
Jatiswara Vol 26 No 3 (2011): Jatiswara
Publisher : Fakultas Hukum Universitas Mataram

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Abstract

The Protection of the Right to Education for the Isolated Adat Community under Perspective of the Act Number 20 Year 2003 on the National Education System In Rengga Campong, N’toke Village, Wera District, Bima Regency is the title of this research. The Rengga Compong located in N’toke Village, Wera District, Bima Regency qualifies to be a territory of the Isolated Adat Community under the Decision of Republik Indonesia Predsiden Number 111 Year 1999. This research is intended to know the application of the policy of Local Government of Bima Regency in giving services of Basic Education basic for the isolated comminities and to know the handycap faced by the Local Government of Bima Regency in giving these services. In collecting field data, this research uses participated method conducted through three stages, namely the stages: (1) of the location mapping and plumbing areal; and (b) of the decent study. Its results are: (a) the Local Government of Bima Regency has taken policy in the field of Basic Education basic for the isolated comminities but it implementation is not maximal yet; and (2) the execution of physical development is the handycap by the Local Government of Bima Regency since to reach this Campong is difficult so the cost is very expensive.

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