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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.
Arjuna Subject : -
Articles 10 Documents
 1 
Search results for , issue "Vol 30 No 3 (2015): Jatiswara" : 10 Documents clear
Perlindungan Hukum Pemilikan Hak Atas Tanah Bagi Warga Masyarakat Rowok di Kawasan Bisnis Pariwisata Selong Belanak, Kabupaten Lombok Tengah Sahnan -; Zainal Asikin; L. Wira Pria Suhartana
Jatiswara Vol 30 No 3 (2015): Jatiswara
Publisher : Fakultas Hukum Universitas Mataram

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Abstract

Research result shown that: (1) the arrangement of legal protection and tribute on people’s rights to manage land resources has stated on in Article 18B of Institutional Law (UUD) 1945 (as a constitutional right), Article 28 I of UUD 1945 and Law number 19 of 1999 (considered as one of human rights). In the elucidation of Article 22 UUPA (Law of the land) has beed clarified that to own land ownership right could be throught land occupation, this way is feasible according to adat law where National land law based on adat law (according to Article 5 UUPA). (2) the implementation of legal protection toward ownership holders in Rowok case is still away from expectation, this could be seen from the way the government and security officer treated land owner such as committed an eviction, tumbled-down their house and some people who insist to stay on their land were arrested by security officer under allegation of law for entering people’s property without permission whereas they occupied the land previously as a place to stay and place to live.
Urgensi Penegakan Hukum Pada Lembaga Keuangan Koperasi Dalam Rangka Perlindungan Hukum Terhadap Anggota I Gusti Agung Wisudawan
Jatiswara Vol 30 No 3 (2015): Jatiswara
Publisher : Fakultas Hukum Universitas Mataram

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Abstract

One of the goals of the Cooperative is for the welfare of its members based on the principle of kinship and mutual cooperation, so that the management is required to apply the standard of professional management and responsible as to uphold the principles of transparency, accountability, independence and accountability both legally and economically and democratically. Cooperative as a pillar of the economy of the Indonesian nation must make its contribution to improving the economy of the community. Several cases that emerged recently as in the case of fraud by unscrupulous members of the cooperative board, the credit agreement that violates the rules so as to make the cooperative becomes a loss, lack of monitoring and evaluation internally by the cooperative supervisors. It would be a black mark to the development of cooperatives in Indonesia, so that the necessary urgency enforcement seriously and comprehensively both by the Ministry and the Department of Cooperatives and SMEs as well as elements of other law enforcement in order to restore the good name of the cooperative in the community as one of the pillars of the economy-based society.
Aspek Hukum Perlindungan Indikasi Geografis Berbasis Ham Maria Alfons
Jatiswara Vol 30 No 3 (2015): Jatiswara
Publisher : Fakultas Hukum Universitas Mataram

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Abstract

Law No. 15 of 2001 Trademarkare manage geographical indication on articles 56 to 58 as part of the substance of geographical indications (GI) basically regulate the protection of the products to local communities as a sign that indicates the place of origin of goods is due to human factors, or a combination of both factors, provide specific characteristics and quality of the goods results of the product. Then, the issuance of Government Regulation No. 51 year 2007 on Geographical indications for clearer protect as expected in the TRIPS Regalements. Constitutionally Article 33, paragraph 3 of the 1945 Constitution mentions "The land, the waters and the natural resources within shall be under the powers of the State and shall be used to the greatest benefit of the people". It means that the people are given the opportunity to manage and exploit the natural resources for the people's welfare. This is the shape of the state which provides the opportunity for people to explore the potential of natural resources to be managed and used as the economic value it is then used and worn as the property of the citizen, and then it became attachedas a fundamental right that cannot be separated from the ownership of the wealth of human rights.
Mediasi Sebagai Pilihan Penyelesaian Perselisihan Djumardin -
Jatiswara Vol 30 No 3 (2015): Jatiswara
Publisher : Fakultas Hukum Universitas Mataram

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Abstract

Under the terms of Article 16 paragraph (2) of Law No. 4 of 2004 on Judicial Power stated that the Court does not rule out the possibility for businesses in the peace settlement of civil cases (mediation). Peace institute in Article 130 HIR / 154 RBg in practice run by the Judges as a mere formality, not functioning optimally . As a result, the number of civil cases that enter and must be resolved and decided by the District Court the longer the number is increasing and becoming the burden of the Supreme Court . Hence the birth of PERMA No. 01 of 2008 on Mediation in the Court procedure is part of efforts to reduce the burden on the justice sector in Indonesia .
Aktualisasi Hukum Hindu Dalam Sistem Hukum di Indonesia I Nyoman Suarna; I Nyoman Sulastra; Ni Ketut Windhi Maretha
Jatiswara Vol 30 No 3 (2015): Jatiswara
Publisher : Fakultas Hukum Universitas Mataram

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Abstract

The purpose of this study was 1) to determine the form of actualizing the Hindu law in the justice system in Indonesia; 2) To know the steps undertaken by the Judge in the Hindu law actualize in Mataram District Court and 3) to identify the constraints faced by judges in actualizing the Hindu law in Mataram District Court. This research is normatik emperik approach to legislation, the concept and approach historical and descriptive qualitative analysis. Results resecht Form actualization Hindu law in the judicial system in Indonesia in court for a judge to a case relating to a criminal hindu if realition with the use of positive law such as Criminal Code, if the related civil Civil Code only. Actualization of Hindu Law which implied only concern cases of divorce, inheritance, child pengankatan petition refers also to the Hindu law Tri Upasaksi are witnesses to god, witness the human, and witness to the bhuta. Steps taken by the judge in actualization law During this time the judges have never done respending, but judges apply existing law is state law either criminal case along can provide a sense of justice, if not then the judges will do the excavation of Hindu law which live in the community either in Sruti, Menawadharmasastra and Hindu literature.
Kewenangan Daerah Otonom Dalam Menjalankan Fungsi Pemerintahan Di Indonesia Sarkawi -
Jatiswara Vol 30 No 3 (2015): Jatiswara
Publisher : Fakultas Hukum Universitas Mataram

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Abstract

The purpose of writing this article is to determine the autonomous regional authority in carrying out the functions of government in Indonesia . Results and conclusions in this paper is the autonomous regional authority in carrying out the functions of government in Indonesia is in the form of government affairs concurrent authority regulated in Law Number 23 Year 2014 concerning regional governments. The concurrent administration affairs consisting of Government Affairs and Government Affairs Mandatory options. Mandatory Government Affairs consisting of Government Affairs with regard to Basic Services and Government Affairs that are not related to the Basic Service. While the Mandatory Government Affairs relating to Basic Services are partially Mandatory Government Affairs substance is a Basic Service .
Penegakan Hukum Dalam Rangka Meningkatkan Keselamatan Lalu Lintas Yudhi Setiawan
Jatiswara Vol 30 No 3 (2015): Jatiswara
Publisher : Fakultas Hukum Universitas Mataram

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Abstract

From the accidents and traffic violations data collected by the Traffic Directorate of the Legal Construction Unit of Indonesian Police and from our daily observations, they give a description that traffic safety rate and the rate of public obedience to the traffic law / order is very poor. If there is no strategic measure taken to improve safety rate and improve public obedience tothe law, therefore, it will cause great losses, not only lives and properties, it also cause economic loss. The objectives of this research are to find out how the condition of the recent traffic safety and the rate of public obedience to the law is, to find out what factors influencing the condition of traffic safety and the rate of public obedience to the law are, and to find out what the strategic conception of law enforcement able to improve traffic safety and the of public obedience to the law is.
Efektivitas Penerapan Sanksi Denda Terhadap Tindak Pelanggaran Lalu Lintas Studi di Pengadilan Negeri Mataram Muhammad Zainuddin
Jatiswara Vol 30 No 3 (2015): Jatiswara
Publisher : Fakultas Hukum Universitas Mataram

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Abstract

The state is responsible for safety of every citizen. Safety frommany dangers that threaten life and soul, no metter how every citizen should be protected. Occasionally, the state efforts are accepted by citizen as something excessive. Thus, it is not uncommon in practice cause reactionsas the pros and cons in public without seeing and understands what the base objectives of the state efforts. Moreover, the state with legislative powers through various waysto protect the security and safety of citizens, one of them with the establishment of various laws and regulations intended to preserve and protect life and soul of citizens. Related to policies of penalty sanctions in LawNumber 22 Year 2009 regarding Traffic and Road Transportation, that was one of the government's efforts to protect the citizens. On the other side, with relatively high nominal fines which can make new problems, including the increasing number of violations that did by the perpetrators of road transport driver themselves.
Pengaruh Lampau Waktu Terhadap Gugatan Nurun Ainuddin
Jatiswara Vol 30 No 3 (2015): Jatiswara
Publisher : Fakultas Hukum Universitas Mataram

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Abstract

This research is aliteraturestudies that conductedsolely basedonwritten work, includingeither published research or not published research.This studydoes notdirectlygo to the fieldin search ofthe source data butcan be doneat home, in the libraryandotherplaces.The objectivesofthis study were (1) To provethatthe effect oftheexpiryof thelawsuitis a vitalcommunity needs, (2) To provethatthe effect ofexpiryoftenlead tolegal problemsand mostly ends in the court roomand(3) Toknow how far thegovernment's effortsto regulate expiry,through regulationsandlegislationin thevarious policies.Asresults to be achievedishow far the right of substitutionby the plaintiffinthe casecan be decidedby a judgeto becompletelyfair. The conclusion ofthis studyis theEffect ofexpiry,resulting inalawsuitwhich oftenled to disputesin all circles. This should beevaluated fromcase to caseandis alwaysconsideredthe development ofthe communitywhere the caseoccurred.
Penalaran Hukum Dalam Kritik Ilmu Dwi Primilono Adi
Jatiswara Vol 30 No 3 (2015): Jatiswara
Publisher : Fakultas Hukum Universitas Mataram

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Abstract

Jurisprudence in knowledge science philosophy goes into science that based on the ratio in order the truth that found must base on using deductive logic and to get the truth must coherent. Law is not a tangible things, but it is the concept. as a concept, law will be in abstract area, where all of empirical science can’t be able to get it easily. In the abstract area, discourse of law is a discourse of philosophy, or at least from a discourse of philosophy. It is right what the people said that concept is result of perception, but processing of result perception (subjective and individual) to a concept (collective and intersubjective) base on a paradigm that assumed as a root of together thinking, whatever the assumption. Thus, it is to be clear that the law has prescriptive character or normative which base on the ratio, where constructed base on the perception concept. Reasoning that done must use deductive logic, whereas the truth which gotten is coherent. Law as a concept will be in nomenon area and not in phenomenon area.

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