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INDONESIA
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 8 Documents
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Search results for , issue "Vol 27 No 1 (2012): Jatiswara" : 8 Documents clear
Menata Keterwakilan Perempuan Di Dpr Ri Berdasarkan Prinsip Keadilan, Ham, dan Demokrasi RR Cahyowati; Rodliyah -
Jatiswara Vol 27 No 1 (2012): Jatiswara
Publisher : Fakultas Hukum Universitas Mataram

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Abstract

The issues raised in this writing due to the regulating on the women representation in DPR RI (the Parliament of Republic Indonesia) based on the justice, HR, and democracy principles. By analyzing the Act of Political Party, and the Act of General Election basedon the justice, HR, and democracy principles, Research methods, this studyis anormativelegal research, with theapproachof legislation, approachesthe concept, approach tophilosophy, andthe comparative approach.May be concluded that the regulating of based on the justice, HR, and democracy principles, may be concluded that the regulating the women representation in DPR RI based on the justice, HR, and democracy principles, namely by reformulating temporary special action/affirmative actionin the Act of Political Party, and the Act of General Election, must care to minimal 40% of the women representation, by considering the more women recruited by parpol (political parties) the more opportunity of women to the members of DPR RI. The placement of the list of candidates uses zipper system so that no vacuum in ordering the list of the candidates by crossing between women and men, and delivers administrative sanction to the parpol violate the minimal quote 40% of the women representation in the potent of the candidate of legislative members by excepting the parpol to participate in the pemilu (the general election).
Kajian Yuridis Terhadap Kegiatan Penanaman Modal Dalam Bidang Perhotelan Di Kabupaten Lombok Barat Dwi Martini
Jatiswara Vol 27 No 1 (2012): Jatiswara
Publisher : Fakultas Hukum Universitas Mataram

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Abstract

This reseach is a normative – empirical type of reseach concerning “Legal study of direct investment related to hospitality business in Lombok Barat Regency”. This reseach is made to find out and analyze investment policies related to hospitality business existing in Lombok Barat regency and to find out the contribution of these policies to encourage the development of local investment. The reseach result shows that there are several Law and regulation existing as policies made by local government to rule direct investment specially hospitality business in their area such as local law, The decision of the head of the regency, The decision of the head of Investment coordinating body eventhought none of these policies specifically rule investment in hospitality business. Contributions of these policy to encourage the development of investment in hospitality business could be seen from the increase number of hospitality business investment year to year from year 2007-2011. Investment policy that formulated by local government has adjusted to Investment Law number 25 of 2007 concerning Investment such as the implementation of non-discrimination principle by giving an equal treatment toward domestic and foreign investment, mentioning the right, obligation and responsibility of the investors also giving investment facilities and incentives. In the other side it still necessarry to make some changes for the perfection of those local policies specially to shorten the bureaucracy line and to support the implementation of investment guidance, control and supervision.
Otonomi Daerah Lalu Sabardi
Jatiswara Vol 27 No 1 (2012): Jatiswara
Publisher : Fakultas Hukum Universitas Mataram

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Abstract

Research on the Legal Protection of the Coastal Zone, Coral Reef Protection Studies in Central Lombok regency was conducted on the basis of problems in local government's efforts for the maintenance terubu reefs in Central Lombok regency and about the institutional functions of the law enforcement community. The approach used in this study is empirical juridical approach, because the problem will be sought in the realm of social responsibilities, the law as part of social life. The data obtained in the analysis with qualitative analysis. The results of this fieldwork is setting on Coastal, Marine and Coral Reef, a nationally regulated by the sectoral rules, so that its management is also carried out sectorally, Coastal Management Authority, and the Coral Sea, has become a local government authority. However, in Central Lombok regency protection is not implemented as well as arrangements regarding the management of coastal, marine and coral reef communities and institutions have not shown concern for the protection of coastal, marine and coral reefs. The implications of this state that all the activities legalized by the law, because each instasi implement the program on their own rules, the consequences of coastal and marine activities be coordinated and not cause damage. On the basis of these two suggestions of this study is the Central Lombok regency administration must publish rules Coastal, Marine and Coral Reef to provide protection to the natural potential to be used for the maximum benefit of the people as it also should set up institutions that function is to coordinate the management and monitoring of coastal, marine and coral reefs to reduce damage caused by the construction of a sectoral nature.
Implikasi Yuridis Pencabutan Keterangan Terdakwa Terhadap Kekuatan Pembuktian Ridwan -
Jatiswara Vol 27 No 1 (2012): Jatiswara
Publisher : Fakultas Hukum Universitas Mataram

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Abstract

Authentication is very important in the process of resolving criminal cases, because passing verification with valid evidence appliances, defendant can be convicted of the alleged criminal acts to his. One of the evidence contained in the Act is the defendant's testimony evidences, including defendant's (the suspect) testimony given in front of investigators. Defendant’s testimony given in front of investigators as one of the evidence appliances often revoked by defendant with various reasons. With the repeal, implicate to the strength of verification. If the revocation of defendant's testimony can be accepted by the judge, then it means that the defendant had given the untrue testimony in front of the investigator. As a result, defendant's testimony cannot be used as evidence and has no value or strength of evidence to prove the guilt of the defendant, so the defendant should be freed. Conversely, if the revocation of the defendant testimony cannot be accepted by the judge, it means the spoken testimonies of the defendants in front of the investigator was correct information and have evidentiary value, which consequently the defendant testimony can be used as evidence to prove the guilt of the defendant so the defendant should be sentenced.
Hukum Dan Keadilan Serta Kelangsungan Hidup Manusia Usman -
Jatiswara Vol 27 No 1 (2012): Jatiswara
Publisher : Fakultas Hukum Universitas Mataram

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Abstract

The title of article is The Law and Justice with the Life of Human in Islamic Perspective with the aim is to give the description about the rule of law in regualating the human life, so that created the properity,safety, peacefulness in social life. The analysis which is used in this article is descriptive analysis that conducted by library studi, it means that the author use the main data is secondary data that obtained from the relevant references,then it is analyzed an described. According to the result of analysis indicate that, the performance of human life is needed the existence of norms of law to regulate the human life in the social function in order to be created the safety and peacefulnees in society. For attaining that condition is needed the fairness,than the fairness can be obtained if there is equality,between rights and obligation on each person and the full responsibility.
Lembaga Rechtsverwerking Dalam Sistem Pendaftaran Tanah Di Indonesia Arief Rahman Hakim
Jatiswara Vol 27 No 1 (2012): Jatiswara
Publisher : Fakultas Hukum Universitas Mataram

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Abstract

In Indonesia, land registration is promulgated in articles 19 of UUPA. To follow up such article, then PP No 10 of 1961 is established. Both regulations require negative system within land registration. This becomes one of the shortcomings of PP No 10 of 1961 which is then completed by PP No 24 of 1997. PP No 24 of 1997 itself adheres to negative system with positive system tendency. Negative system in the land registration means that information or official statements described within land certificate (land book) is absolutely could be changed. Hence, everyone deserves or has a chance to file a lawsuit to the court as long as he/she is able to prove his/her legal right of land. Such a lawsuit can only be submitted within period of 5 years after the certificate published. As for positive system tendency indicate the active role of relevant official in the application of land registration. Such official has to examine the land record carefully. Hence, it is land registration requires long duration to publish (30 days for systematic way and 60 days for sporadic way) in order to give everyone a chance to submit a protest or objection.This policy is established to prevent error or mistake as well as to gain the conformity between land certificate (land book) and the physics of land. Furthermore, it is for the holder of certificate (either private person or legal entity) couldn’t be charged after 5 years of legally possessing such certificate as long as he/she obtain it on the basis of good faith as well as real occupation principles (article 32 (2) PP No 24 of 1997). It indicates that such article adopts the concept of “Rechtsverwerking” (Waiver of Right) established in Adat law as one of the causes of losing land’s right; it is called “rechtsverwerking” if someone or the holder of land right do not within long term exploit the land and it is occupied by other party through transfer of right which based on good faith.
Aspek Hukum Perjanjian Kredit Pada Koperasi I Gusti Agung Wisudawan
Jatiswara Vol 27 No 1 (2012): Jatiswara
Publisher : Fakultas Hukum Universitas Mataram

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Abstract

The credit agreement offered by corporation is significant to enhance its member’s welfare as well as sustainability of small and middle enterprises. There some significant aspects must be considered in the granting of credit within corporation,i.e firstly, concerning credit mechanism or credit procedure because each of coorperation has different policy in granting credit; secondly, concerning prudential standard. The application of which is trongly significant to provide legal certainty not only for debtor but also creditor (corporation) which covers fit and proper test as well as credit analysis by appling some principles as follows:5C,7P, and 3R and;thirdly, concerning technical resolution toward credit’s default caused by the bad faith’s debtor in performing credit agreement such as taking the available legal procedures as well as using alternative dispute resolution either mediation or negotiation.
Reorientasi Pemikiran Penggunaan Hukum Pidana Sebagai Sarana Penanggulanagan kejahatan Lalu Parman
Jatiswara Vol 27 No 1 (2012): Jatiswara
Publisher : Fakultas Hukum Universitas Mataram

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Abstract

The purposes of this resesearh is to know and ro analyse the role or criminal law in overcome of crimes by using coceptual approach. Crime is a social fenomanon that always exist and develop in accordance with the social development. The use of criminal law as one of tool in overcoming crimes has a stretategic role, however, its paradigm is unpartial again, namely, crime is not seen as the criminal law system separated from the social system only but it must be seen as integratedly that is not separated and to be a union with the social system in achieving social purpose nameloy the social welfare and security. The effectiveness use of the criminal justice system as one of the tool of criminal overcome, mainly from the social purpose aspect namely to achieve social welfare and social defence, must be done by comprehensive and integrated approachs by using conscience since the creation of its legal substance, the legal enforcement process (structue of law) supported by the high cultural law.

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