cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Baiq Nurul Aini
Contact Email
baiqaini@unram.ac.id
Phone
-
Journal Mail Official
jurnalhukumjatiswara@unram.ac.id
Editorial Address
-
Location
Kota mataram,
Nusa tenggara barat
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.
Arjuna Subject : -
Articles 10 Documents
 1 
Search results for , issue "Vol 30 No 2 (2015): Jatiswara" : 10 Documents clear
Perubahan Konstelasi Politik dan Perlindungan Perempuan dan Anak di Lombok Tengah Syaefullah -
Jatiswara Vol 30 No 2 (2015): Jatiswara
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (443.794 KB)

Abstract

Political changes which we do through elections so far, actually will have implications on the order of a better life than before, in laying a better life, including changes for women, because cases of violence against women has not been well received attention it the bureaucracy, political parties and the local legislative body. This study aimed to see whether changes in the political constellation to give effect to the protection of women. The method used in this research is descriptive qualitative and qualitative analysis, through questionnaires, interviews and documentation study. The data used in this research is primary data obtained from informants directly related to this research, namely, bureaucracy, political parties and members of the Legislature. While secondary data is data obtained through researching reports, documents, and regulations related to the research. The results of this study indicate that, change the political constellation does have a significant influence for the protection of women in Central Lombok. Among the bureaucracy, although it has grown but still normative. Among politicians, despite all the political Parthians had gender equality programs but mostly just stay in the program alone, and do not possess the political agenda setting especially clear action agenda. Likewise among the legislature, there is no willingness to follow up on the protection of women's issues. In order to increase the protection of women in the bureaucracy, political parties, and the legislature is reached then, the authors give advice which may be related to changes in the political constellation and the protection of these women are: a strong commitment within the bureaucracy, the implementation of programs that have outlined the party central leadership on gender equality , large enough courage of the aggota legislative concerns the interests of the people, and the flexibility and delegation of authority to the representatives in the legislature by the political parties.
Implementasi Pasal 74 Undang – Undang Perseroan Terbatas (PT) Nomor 40 Tahun 2007 Tentang Corporate Social Responsibility (CSR) Sebagai Modal Sosial Hasan Asya'ri
Jatiswara Vol 30 No 2 (2015): Jatiswara
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (503.738 KB)

Abstract

Corporate Social Responsibility (CSR) is one of the obligations that must be implemented by the company in accordance with the contents of article 74 of Law - Corporate Law (Company Law) the latest, Law. No. 40 of 2007. This study aims to analyze and assess how PT. State Electricity Company NTB do CSR. In addition, through this research will also be identified in about constraints - the constraints faced by PT. State Electricity Company NTB in implementing CSR. This study used juridical - normative and juridical - empirical, that is by doing an inventory of domestic law and related to corporate social responsibility in relation to the alleviation of problems - social problems, obtain explanations and know - things about corporate social responsibility, and the constraints faced. From the results it can be concluded in the implementation of social responsibility, PT PLN doing activities - activities as follows: Community Relations, this activity involves the development of understanding through communication and information to the relevant parties. Community Services, program assistance in these activities related to public service or public interest. Community Empowering, this activity consists of programs that provide wider access to the public to support their independence. Nature Conservation, environmental development program implemented in the form of educational assistance for community activities around the location of transmission and distribution are not capable, but has great intelligence and willingness to continue their education. Additionally, conducted through nature conservation activities such as participation greening program organized by external parties to cooperate with the Government and the realization of the greening around PLN installation. In the implementation of CSR, PT PLN encountered obstacles - obstacles as follows: The main challenge faced by PT PLN any public mistrust and misperceptions that arise from the surrounding community PLN installation. PT PLN unable to maximize service due to power shortage.
Pengaturan Pengangkatan Pejabat Negara Setingkat Menteri Sebelum dan Sesudah Perubahan UUD 1945 Wiredarme -
Jatiswara Vol 30 No 2 (2015): Jatiswara
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (434.826 KB)

Abstract

Executive authority to conduct presidential aide as a cabinet minister to prepare to run the government or the president is assisted by the ministers to continue the long-term plans, medium and short time. Based on the ideas which have been described in the above background it can be argued the issues as follows:. How does setting the appointment of a ministerial-level State officials before and after changes in 1945 and What is the procedure and requirements for the appointment of State level Ministry officials. as well as factors affecting the level of Minister of State appointments. From the results of the study as follows: Authority of the President in appointing a minister-level officials from sisitem presidential implementation as stipulated in the Constitution 45 in that it can be said before and after the process of changing the Constitution 45. In the first 45 before changing the Constitution by the president, as leader of the cabinet independently without being affected by elements related to the political overtones, while after the change of political situation is very influential with regard to the requirements and procedures in the appointment of a ministerial-level state officials. Requirements and procedures for the appointment of a ministerial-level officials before the change is highly dependent on the president but the phenomenon after the change of the Constitution a requirement that 45 appeared fit and propertest through a review and consideration of the House even though there are no normative requirements of this recruitment process is proven by the Attorney General and the Chairman and members of the Commission based on an Act to regulate both institutions and norms can be said of the void in the process of appointment of State level officials such as Attorney General and Minister for Leaders and members of the KPK. Factors affecting the authority of the President in the appointment of a ministerial-level state officials can be understood from two aspects: Internally is based on the needs of institutional aspects and the external cabinet. The conclusion of the recommendation is: It needs a legal setting and clear the form of laws and regulations that authorized the President to appoint state officials to ensure legal certainty as head of the cabinet on the basis of the Presidential system. In appointing the President of the ministerial-level State officials should prioritize the aspects of professionalism in accordance with the mandate of Law Number 43 Year 1999 and reduce the political overtones.
Konstitusionalitas Fungsi dan Wewenang Wakil Presiden RI Setelah Amandemen UUD 1945 Johannes Johny Koynja
Jatiswara Vol 30 No 2 (2015): Jatiswara
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (546.498 KB)

Abstract

This article represent effort to reflect again how far the 1945 Constitution of the Republic of Indonesia have guaranteed constitutionality function and authority of Vice President of Republic of Indonesia as "assistant" President which still there are dimness or ill defined norm (vague van normen) and also continuous to become polemic. The 1945 Constitution of the Republic of Indonesia do not give clear arrangement, adequate and coherent about how in fact form relation mechanism work and division of authority between Presidents with Vice President which have been elected as a single ticket directly by the people, considering that Vice President is "partner which is image" with President because both have been elected as a single ticket directly by the people. Including the Article 4 Paragraph 2 the 1945 Constitution of the Republic of Indonesia does not give interpretation of authentic concerning term "The President shall be assisted by a Vice President".
Perlindungan Hukum Tenaga Kerja Indonesia (TKI) Yang Melebihi Batas Masa Tinggal (Overstay) Lalu Adhi Adha
Jatiswara Vol 30 No 2 (2015): Jatiswara
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (673.561 KB)

Abstract

Along with the increasing migrant workers abroad, many of them going on violations committed by migrant workers, such as migrant workers exceeded the limit of stay (overstayed), with the position of migrant workers overstayed thus vulnerable to violations of the rights of migrant workers and abuse, because with these positions is considered more beneficial for the users of services of migrant workers / employers to hire migrant workers and do anything improper, such as paying low wages, hours of work beyond normal working hours and so on, hence the need for protection in order to fulfill the fundamental rights of migrant workers is concerned. Therefore the issue of how the legal protection of Indonesian workers that exceed the limit of stay (overstayed) and how the responsibilities of service users migrant workers / employers against workers who exceed the limit of stay (overstayed) be an interesting issue to be discussed. This paper is the result of normative legal research that examines the issues, based on the literature and legislation relating to the problems examined. Therefore, the approach used that approach to law (Statute Approach) and Conceptual Approach (conceptual approach). Based on the research that the protection of workers who exceed the limit of stay (overstayed) is not strictly regulated by Law No. 39 Year 2004 concerning the Placement and Protection of Indonesian Migrant Workers Abroad and implementing regulations, but overstayed the problem is a problem during the placement of migrant workers abroad, the protection refers to the period of placement that is as described in Article 17 to Article 23 PP. No. 3 In 2013 on the Protection of Migrant Workers Abroad in the form of guidance and supervision, assistance and consular protection, the provision of legal aid, defense and fulfillment of the rights of migrant workers, diplomatic efforts and so on, as well as in Law No. 6 Year 2012 on the Ratification of the International Convention on the Protection of All Workers and Members of Their Families also ensure the protection of migrant workers as well to TKI overstayed in terms of providing protection during arrest, detention, deportation and the rights of migrant workers who obtained a residence permit due to violation. In terms of the responsibility of the service user TKI / employer memnyebabkan TKI overstayed due to the attitude and actions of irresponsible form of detention document the service users migrant workers / employers should bear the risk and fulfill the rights of migrant workers who violated such as taking care of a residence permit / work a new one if workers will be work and take care of the return of migrant workers. However, if migrant workers overstayed not due to the employer's attitude and actions TKI service user / employer was not responsible. Therefore, the need for the parties in the placement of workers abroad, especially the representative of Indonesia to disseminate and efforts to raise awareness of the law for the perpetrators overstayed.
Peranan Badan Arbitrasi Nasional Indonesia dalam Menyelesaikan Sengketa Bisnis di Indonesia Muhammad Faisal
Jatiswara Vol 30 No 2 (2015): Jatiswara
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (663.68 KB)

Abstract

The purpose of this research is to determine and understand the role of Indonesia Arbitration Centre (BANI) in resolving business disputes in Indonesia and procedure in Indonesia Arbitration Centre to dispute business settlement. Method of approach in this research use Legislation approach (statute approach), conducted by reviewing laws and regulations relating to the issues discussed. Conceptual Approach, examines the views/concept of the experts people to the issues of discussed: Based on above, the results of this reasearch are: Indonesia Arbitration Centre is currently favored to dispute resolution by the parties who are in business, It is seen from the development of BANI in settlement the business dispute both after and before enactment of The Act Number 30 of 1999 on Arbitration and Alternative Dispute Settlement. Dispute Settlement procedures at BANI can be done by submission of application and registration, defendant feedback, foration the arbitral tribunal, arbitration reconnaissance, determination the arbitration decision and the submission and registration of the arbitration decision.
Aspek Yuridis Terhadap Pelaksanaan Pertambangan Rakyat Berdasarkan UU No 4 Tahun 2009 Muhammad Saleh; Kafrawi -; Abdul Khair
Jatiswara Vol 30 No 2 (2015): Jatiswara
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (606.94 KB)

Abstract

Mining activities in Indonesia obviously have to open a network for remote areas and development activities in accordance with its designation, which leads to the development of new growth centers in some areas. This will encourage and provide benefits in the construction of basic infrastructure for the region, increase revenues, and employment. The business activities of mineral and coal are expected to drive the development of economic empowerment, especially in eastern Indonesia. Development of mineral and coal mining sector should be based on good mining practices and correct by observing the basic elements in accordance with the principles of sustainable development, of the various aspects of life of human beings and other living things in an ecosystem. Artisanal mining management policy carried out by the local government should bersendikan the constitutional mandate that is expected to be as big as possible for improving standards of living for the welfare as well as the objectives of the state. Artisanal mining policy carried out by the local government is not only focused on improving the local economy, but must have meaning and value proportional balance between the growth rate of public welfare with environmental sustainability of the ecosystem. With regard to the mining policy, local government and the parliament as an element of the regional administration has a strategic position and authority in the application of the policy is to create an atmosphere of constructive working relationship in accordance with the mandate of the laws and regulations. The existence of Parliament has a very important position in directing and controlling the various aspects of government policy to play an active role through the functions. Involvement of the oversight function of Parliament against all attitudes / acts carried out by the local government, is an instrument for measuring the basic validity and justification for these policies. With this research is expected to provide an integral understanding of scientific concepts about the functional relationship between the Parliament and Local Government through the oversight function of Parliament in the implementation of mining policy carried out by the people of Local Government. Under the oversight function, the role of Parliament can perform certain actions to steer towards things that should be done as well as control over the circumstances undue occur in any government policy. The method used in this study is a normative method which is based on materials of law and accompanied by field studies as supporting material to the object being studied and analyzed in this study.
Pemanfaatan dan Pola Penyelesaian Sengketa Sumber Daya Air di Kecamatan Batulayar Lombok Barat M. Yazid Fathoni; Sahnan -; Diangsa Wagian
Jatiswara Vol 30 No 2 (2015): Jatiswara
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (433.06 KB)

Abstract

This research tries to find out and analyze: factors which bring about dispute or conflict within the making use of water resources in the sub-district of Batulayar and also its settlement. This research discovers that the possession of water resources in Batulayar is on state hand through the public work office (agency) of west Lombok and technically executed by the doorman of the main water dam which locates in the forest area of Pusuk. In relation with its distribution, the doorman of the main water dam refers to the agreement among and the request of Pekaseh (the distributors of water). Yet, however, there is always factor bring about conflict, which finally leads to dispute. Up to now, still, the dispute of water resources in the sub-district of Batulayar can always be settled through non-litigation mechanism.
Dasar Konstitusional Penetapan Peraturan Pemerintah Pengganti Undang-Undang dan Batasan Pengaturannya Chrisdianto Eko Purnomo
Jatiswara Vol 30 No 2 (2015): Jatiswara
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (623.155 KB)

Abstract

The provisions of Article 22 paragraph (1) of the 1945 Constitution is the cornerstone of the constitutional President in determining Government Regulation in Lieu of Law (decree). However, in practice, the right of the President establishes decree can not be measured objectively about matters of urgency requirement that force. Whereas decree degree and have the same legal force with the Act. It is therefore necessary limits of determination decree by the President in order to avoid abuse of power. It is important, from the point of a government based on the Constitution (constitutionalism), with a tap on the point of fixing restriction decree pursuant to Article 22 paragraph (1) of the 1945 Constitution which should only regulate in the public administration (administratiefrechtelijk). Moreover, the restrictions implemented by applying the mechanism of checks and balances between the organs of state institutions, namely strengthening the supervisory function of the House of Representatives of the establishment decree by the President in accordance with Article 22 paragraph (2) and (3) of the 1945 Constitution.
Kajian Yuridis Surat Kuasa Membebankan Hak Tanggungan Menurut UU No 2 Tahun 2014 Tentang Jabatan Notaris Shinta Andriyani
Jatiswara Vol 30 No 2 (2015): Jatiswara
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (571.675 KB)

Abstract

What people deem so far is that the power of attorney to charge mortgage made by a notary is an authentic deed. Yet, they do not realize that only if a notary makes the power of attorney to charge mortgage out of or beyond his/her authority according to law No 02 of 2014 about the function of notaries, the power of attorney will lose its authenticity value. The theme about the power of attorney to charge mortgage made by a notary is strongly interesting to discuss not only to develop our knowledge so that we do not mislead in making the power of attorney to charge mortgage, and at the same time, it will not lose its authenticity value.Besides, this discussion will also figure out the things a notary can make (according his/her authority) in relation with legal action to charge mortgage. Because it is possible for notaries to make a power of attorney to charge mortgage out of or beyond his/her authority will cause the power of attorney to charge mortgage becomes “underhand agreement”, so that its burden of proof is not as strong as authentic deed.

Page 1 of 1 | Total Record : 10

 1 

Filter by Year

2015 2015


Reset
Filter By Issues
All Issue Vol. 40 No. 3 (2025): Jatiswara Vol. 40 No. 2 (2025): Jatiswara Vol. 40 No. 1 (2025): Jatiswara Vol. 39 No. 3 (2024): Jatiswara Vol. 39 No. 2 (2024): Jatiswara Vol. 39 No. 1 (2024): Jatiswara Vol. 38 No. 3 (2023): Jatiswara Vol. 38 No. 2 (2023): Jatiswara Vol. 38 No. 1 (2023): Jatiswara Vol. 37 No. 3 (2022): Jatiswara Vol. 37 No. 2 (2022): Jatiswara Vol 37 No 1 (2022): Jatiswara Vol. 37 No. 1 (2022): Jatiswara Vol 36 No 3 (2021): Jatiswara Vol. 36 No. 3 (2021): Jatiswara Vol 36 No 2 (2021): Jatiswara Vol. 36 No. 2 (2021): Jatiswara Vol 36 No 1 (2021): Jatiswara Vol. 36 No. 1 (2021): Jatiswara Vol 35 No 3 (2020): Jatiswara Vol. 35 No. 3 (2020): Jatiswara Vol. 35 No. 2 (2020): Jatiswara Vol 35 No 2 (2020): Jatiswara Vol 35 No 1 (2020): Jatiswara Vol. 35 No. 1 (2020): Jatiswara Vol. 34 No. 3 (2019): Jatiswara Vol 34 No 3 (2019): Jatiswara Vol 34 No 2 (2019): Jatiswara Vol. 34 No. 2 (2019): Jatiswara Vol 34 No 1 (2019): Jatiswara Vol. 34 No. 1 (2019): Jatiswara Vol 33 No 3 (2018): Jatiswara Vol. 33 No. 3 (2018): Jatiswara Vol 33 No 2 (2018): Jatiswara Vol. 33 No. 2 (2018): Jatiswara Vol 33 No 1 (2018): Jatiswara Vol. 33 No. 1 (2018): Jatiswara Vol 32 No 3 (2017): Jatiswara Vol 32 No 3 (2017): Jatiswara Vol 32 No 2 (2017): Jatiswara Vol 32 No 2 (2017): Jatiswara Vol 32 No 1 (2017): Jatiswara Vol 31 No 3 (2016): Jatiswara Vol 31 No 2 (2016): Jatiswara Vol 31 No 2 (2016): Jatiswara Vol 31 No 1 (2016): Jatiswara Vol 30 No 3 (2015): Jatiswara Vol 30 No 2 (2015): Jatiswara Vol 30 No 1 (2015): Jatiswara Vol 27 No 3 (2012): Jatiswara Vol 27 No 2 (2012): Jatiswara Vol 27 No 1 (2012): Jatiswara Vol 26 No 3 (2011): Jatiswara Vol 26 No 2 (2011): Jatiswara More Issue