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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 10 Documents
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Search results for , issue "Vol 30 No 1 (2015): Jatiswara" : 10 Documents clear
Kawin Kontrak Menurut Agama Islam, Hukum Dan Realita Dalam Masyarakat Sri Hariati
Jatiswara Vol 30 No 1 (2015): Jatiswara
Publisher : Fakultas Hukum Universitas Mataram

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Abstract

Marriage is something that has become human nature, which aims to establish mahligai marriage a happy home and eternal well-being and spiritual birth according to which dreamed dreams. But the reality in the community is abusing the marriage are some women who do the marriage contract. Contract marriage is a marriage that is based on an agreement to live together as husband and wife in a certain time period, accompanied by exchange for one of the parties. The desire to gain economic advantage and meet the biological needs, is the purpose of the execution of contracts. The implementation process of the marriage contract is processed with the provisions of Islamic religious law with the help of a chaplain with the reason the process easier and faster. Although marriage processed according to Islamic law, but in building the household does not animate Islamic law because it is based on a contract / agreement that it is contrary to Islamic law itself.
Analisa Pasal 53 KHI Tentang Pelaksanaan Kawin Hamil Diluar Nikah Ditinjau Dari Hukum Islam Haeratun -
Jatiswara Vol 30 No 1 (2015): Jatiswara
Publisher : Fakultas Hukum Universitas Mataram

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Abstract

Mafsadat opportunities contained in article 53 of KHI because of the obscurity limits allowed because pregnancy made her pregnant mate in article 53 KHI. The impact is not uncommon to Article 53 KHI made pregnant as a result of adultery legality mating. This is clearly not in accordance with Islamic law strictly prohibits the practice of adultery. To analyze these problems, in this study the two proposed formulation of the problem which is how the view of Islamic law to the formulation of Article 53 of the KHI and the factors that encourage pregnant mating society, to eliminate aspects mafsadat in article 53 of KHI, in the context of al-dzari saddu 'at, the necessary editorial changes such as the addition of boundary conditions cause pregnancy and accompanying sanctions. The formulation of Article 53 KHI as pregnant kwin solution can be realized by adding the editorial-related restrictions that can cause pregnant mating carried out in the absence of sanctions and sanctions for pregnant mating caused adultery form of social repentance.
Kajian Normatif Perencanaan Penataan Ruang dan Penatagunaan Tanah Arba -; L. Syapruddin; Diangsa Wagian
Jatiswara Vol 30 No 1 (2015): Jatiswara
Publisher : Fakultas Hukum Universitas Mataram

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Abstract

This research aims to normatively study and analyze the government’s obligation to make spatial planning and land use management; and also to review and analyze the legal conception of spatial planning and land use management in accordance with the legislations existing in Indonesia. This study is normative, i.e. a research which examines the fundamentals/principles of law, review the norms and legal concepts regulating spatial planning and land use management. This research applies normative approach; there are statute approach, conceptual approach, and comparative approach. It uses library resources which consist of primary, secondary, and tertiary legal materials. The research discovers that government is required to establish spatial planning and land use management on the basis of philosophical, juridical, and empirical foundations. Furthermore, spatial planning is a process to determine the spatial structure and pattern which covers the arrangement and establishment of the spatial plan. While the land use management is a pattern of the land use management which covers possession, use and utilization of land which constitute land use consolidation through institutional arrangements associated with the use of land as an integrated system for the benefit of a fair society. Spatial planning and land use management is an integral and inseparable, as land use management is part of the spatial plan, so that they are actually under the same legal basis. This research recommends that spatial planning and land use management should fully be committed to create the spatial and land utilization and also natural resources effectively and efficiently.
Penyertaan Modal “PEMDA” Pada Badan Usaha Milik Daerah (BUMD) Djumardin -
Jatiswara Vol 30 No 1 (2015): Jatiswara
Publisher : Fakultas Hukum Universitas Mataram

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Abstract

One of the duties of Newmont Nusa Tenggara Ltd. as stipulated in the article 24 of contract work is to divest gradually the share up to 51%. Such share shall be distributed either to government (central or local government), private enterprise or government enterprise. Since it spends huge budget to purchase the share, then the local government of West Nusa Tenggara through consortium among Provincial Government of West Nusa Tenggara, District Government of Sumbawa and District Government of West Sumbawa establish Daerah Maju Bersaing Ltd. cooperating with private enterprise Multi Capital Ltd. as capital provider have succeed to do acquisition 24% of the share of Newmont Nusa Tenggara Ltd.
Pedoman, Bentuk dan Teknik Pelaksanaan Fungsi Pengawasan DPRD Sarkawi -
Jatiswara Vol 30 No 1 (2015): Jatiswara
Publisher : Fakultas Hukum Universitas Mataram

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Abstract

The purpose of this study was to determine the Guidelines, Forms and Technical Implementation oversight function of Council. This research uses normative research with the approach of legislation and conceptual approaches. Research results can be concluded that the Guidelines on the oversight function of Parliament to the Regional Government in UUDN RI In 1945, Law No. 23 Year 2014 About Local Government, Law 27 Year 2009 on MPR, DPR, DPD and DPRD, PP 16 Year 2010 on Guidelines for Preparation of the Regional Representatives Council Regulation on the Rules of the Regional Representatives Council, and Regional Representatives Council Regulation district or local town. Implementation forms of oversight function of Parliament is done in the form of hearings, visit Working, Forming Tools Other Fittings required and formed by the plenary session, the Supervisory About Goods and Services Management, Process Monitoring On Procurement of goods and services and Supervision On Government Performance, as well as the recess. Technics implementation oversight functions, among others; (1) Respond to Public Complaints; (2) Monitoring Unit to Service; (3) Monitoring to SKPD; (4) Monitoring the Regional Head.
Hubungan DPR dan BPK dalam Melaksanakan Fungsi Pengawasan AD Basniwati
Jatiswara Vol 30 No 1 (2015): Jatiswara
Publisher : Fakultas Hukum Universitas Mataram

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Abstract

The existence of the House of Representatives (DPR) to the Supreme Audit Agency (BPK) is an implementation of a power-sharing horizontally in order to perform the functions of state institutions in the capacity and parallel position. Parliament is an institution that state institutions have a legislative function, the function of the budget, and monitoring functions. While the Audit Board is an institution with a state institution whose primary function as a body of state financial check on the tasks of the state. In performing supervisory functions there are two state agencies that have oversight function in this field, namely the House of Representatives and the CPC, in this case the House of Representatives to supervise in politics while the CPC conduct supervision in the financial sector. The results of the financial audit conducted by the CPC in return it back to Parliament to be discussed, so that in carrying out the functions of a connection between the two.
Rekontruksi Prinsip Keadilan dalam Kontrak Pembiayaan Dengan Sistim Kemitraan Musyarakah dan Mudharabah di Perbankan Syariah Atin Meriati Isnaini
Jatiswara Vol 30 No 1 (2015): Jatiswara
Publisher : Fakultas Hukum Universitas Mataram

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Abstract

Contract or agreement among the system muamalah an integral part of the content of the Qur'an and Sunnah, either in the form of figurative and most actual cases and contemporary. Norms and rules of the game have been set to be applied in life. New or old system applied in life not be a problem, because the important thing is for a system that meets Shar'ie rule does not contain elements that are prohibited, such as; riba, gharar, and qimar (speculation) is not a new issue to be decided by the new Islamic law as well, but decided on the basis of a comprehensive Sharia law which can cope with and decide how the complexity of the problem. It is a problem in this paper is How the reconstruction of the principle of fairness in financing agreement with Musharaka and Mudaraba partnership system. The conclusion that can be drawn based on the discussion of this paper is Construction Mudaraba and Musharaka financing agreement in the Islamic Bank / Bank Indonesia imposed Mumalat now not reflect fairness and equality. Therefore, the contract needs to be reconstructed based on the opinion of the scholars, National Sharia Board fatwa Majlis Ulama Indonesia and refers to the theories of Islamic contract. Reconstruction must be carried out by the competent authorities, such as the National Islamic Council, the policy makers and experts. The results of the reconstruction will give birth to a standard contract which applies to all Islamic banks in Indonesia.
Absorbsi Prinsip ”Rebus Sic Stantibus” Dalam Kerangka Pembaharuan Hukum Perjanjian Nasional Dwi Primilono Adi
Jatiswara Vol 30 No 1 (2015): Jatiswara
Publisher : Fakultas Hukum Universitas Mataram

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Abstract

Rebus Sic Stantibus principle is an unpopular principle in civil law system because this principle is taken by Common Law principle. In theory, contractual implementation, in the essence, submit to pacta sunt servanda principle. Pacta sunt servanda principle, in the contemporary, has a challenge from they who argue the principle prevail only when there is no radically change condition in the contract. Rebus Sic Stantibus doctrine or it is well known with clausula Rebus Sic Stantibus is a radically change condition because extrime trouble for each other party to fulfill the contract and imposibble the contract to be implemented. Thus, it must be renegotiate to requirement in the contract. The purpose of this research is to know what the change condition charateristic (rebus sic stantibus) in the implementation of contract as a diffrentiation with state of emergency (force majeure). Research method is juridical normative where a legal reserach procedure to discover truth base on logical law from nomative side. The result of this research that the change condition charateristic (Rebus Sic Stantibus) in the implementation of contract as a diffrentiation with state of emergency (Force Majeure) is in the implementation of contract imposibble to do it because of the legal reason, avoid economic trouble or economic imposibility, whereas in Rebus Sic Stantibus, the reason why the contract is not implemented because the contractual implementation is too difficult to do it, so include economic imposibility. Therefore, difficult level of Rebus Sic Stantibus is under Force Majeure.
Hak Substitusi Pada Pemberian Kuasa Beserta Tanggung Jawab Hukumnya Nurun Ainuddin
Jatiswara Vol 30 No 1 (2015): Jatiswara
Publisher : Fakultas Hukum Universitas Mataram

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Abstract

This study is a literature that studies conducted only based on written work, including the results of both studies have not been well publicized. This study does not directly go into the field in search of data sources and can be done at home, the library and other places. The purpose of this study was to mengetahi more deeply about empowering substitutions which means the person who accepts the power of appoint another person to replace him in a legal action with consequences that are tailored to deal with and to know the limits of responsibility for authorizing and authorized substitution. As for the results to be achieved in this study is the extent to which the legal responsibility of the proxy substitutes the power delegated to him that the original authorizer not feel disappointed premises performance. The conclusion of this study is the original authorizer has the right to request information and the responsibility of the receiving power of substitution to the power that has been given.
Penerapan Sanksi Hukum Terhadap Profesi Penunjang Pasar Modal Atas Informasi yang Tidak Benar dan Menyesatkan dalam Pembuatan Prospektus Menurut Undang-Undang No 8 Tahun 1995 Tentang Pasar Modal I Gusti Agung Wisudawan
Jatiswara Vol 30 No 1 (2015): Jatiswara
Publisher : Fakultas Hukum Universitas Mataram

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Abstract

The principle of openness in capital markets means that issuers and capital market supporting professionals are required to provide information about the facts materill regularly and correctly and honestly so that will affect the decisions of investors to invest in the stock market. But the reality was not as ideal as provided in the legislation sometimes issuers are trying to put pressure on the capital market supporting professionals to create beautiful prospectus as advertising on television, but if examined again bahwasannya capital market supporting professionals on the pressure of the issuer's trying to hide information the truth about the state of his company. If these continue to be allowed then of course this would be detrimental to investors or investors. Therefore professions harusbertanggungjawab capital markets and given legal sanction either criminal, civil and administrative as stipulated in Law No. 8 of 1995 on the Capital Market in order to create legal certainty, fairness and convenience of investing in the stock market.

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